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2020-03-10 City Council - Full Agenda-25689 o Agenda Edmonds City Council snl. ,nyo COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 MARCH 10, 2020, 7:00 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE CITY COUNCIL AND STAFF. THE MEETINGS ARE OPEN TO THE PUBLIC BUT ARE NOT PUBLIC HEARINGS; PUBLIC COMMENT IS NOT TAKEN AT COMMITTEE MEETINGS. THE COMMITTEES MEET CONCURRENTLY IN SEPARATE ROOMS AS INDICATED BELOW. PARKS AND PUBLIC WORKS COMMITTEE (COUNCIL CHAMBER) RCO Grants Resolution (10 min) 2. Arts Festival, Market and Urban Craft Fair Event Contracts (10 min) 3. Presentation of Professional Services Agreement with The Blueline Group for Capital Projects Construction Management, Engineering and Inspection Services (10 min) 4. Report on Bids for Phase 10 Waterline Replacement Project (10 min) 5. Supplemental Agreement with WHPacific, Inc. for 84th Ave Overlay Project (10 min) 6. Presentation of an Agreement with Cascade Bicycle Club for the Citywide Pedestrian Crossing Enhancements Project (10 min) 7. Rejection of Bid for the Fishing Pier Rehabilitation Project - Scaffolding for Fiber Reinforced Polymer Repairs (10 min) 8. Sound Transit Funding Agreement for the Citywide Improvement (10 min) 9. 2019 Transportation Benefit District Report (10 min) FINANCE COMMITTEE (JURY MEETING ROOM) 1. January 2020 Monthly Financial Report (10 min) 2. 2019 Transportation Benefit District Report (10 min) PLANNING, PUBLIC SAFETY, AND PERSONNEL COMMITTEE (POLICE TRAINING ROOM) Edmonds City Council Agenda March 10, 2020 Page 1 1.1 City Council Agenda Item Meeting Date: 03/10/2020 RCO Grants Resolution Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History Every even year, the Recreation Conservation Office administers grants for local parks acquisition and development. Council is requested to acknowledge these applications by resolution. Staff Recommendation Discuss and forward to consent agenda authorizing the Mayor to sign. Narrative Washington State Recreation Conservation Office administers a grant program for local parks every even year. This year, 2020, the City would like to submit for two grants for Marina Beach Park redevelopment which is currently in the City's CIP and PROS plan. The two grants are as follows: 1. 20-1296 Marina Beach Park Redevelopment: This is a Washington Wildlife and Recreation Program (WWRP) Local Parks grant for the maximum allowable, $500,000. This grant would be used to develop the park, playgound, restroom portion of Marina Beach Park. 2. 20-1322 Willow Creek at Marina Beach Park: This is an Aquatic Lands Enhancement grant for the maximum allowable, $500,000. This grant would be used to enhance the Willow Creek Portion of the Marina Beach Park Redevelopment. These grants are eligible to serve as match for each other and will be for funding in mid 2021 - 2023. Attached is the applicant authorization resolution for submittal of these grants. Additionally, the sample project agreement is attached for Council's information. Attachments: Applicant Authorization Resolution Sample Project Agreement for City Council Packet Pg. 2 Recreation and Conservation Office Applicant Resolution/Authorization Organization Name: City of Edmonds Resolution No. (if applicable): Project Numbers, and Names: 20-1296 Marina Beach Park Redevelopment; 20-1322 Willow Creek at Marina Beach Park This resolution/authorization authorizes the person identified below (in section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the 2 0 above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). N m WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; N c L NOW, THEREFORE, BE IT RESOLVED that: t9 O U 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the W above "Project(s)." r_ 2. Mike Nelson, Mayor, is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: https:Hrco.wa.goy/wp-content/uploads/2019/06/SampleProiAgreement.pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. S. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. Packet Pg. 3 Our organization further understands that prior to our authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes the project agreement(s) with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no additional 12 legal authorization beyond this authorization is required to make the indemnification, the waiver of o sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our 0 organization upon execution by our representative/agent. 10. If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash matching share commitments to this project should they not materialize. v0 W 11. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us r_ on only a reimbursement basis. We understand reimbursement basis means that we will only request r payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may ' 0 also determine an amount of retainage and hold that amount until the Project is complete. 12. Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 13. This resolution/authorization is deemed to be part of the formal grant application to the Office. 14. Our organization warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This application authorization was adopted by our organization during the meeting held: Location: City of Edmonds Date: March 10, 2020 Signed and approved on behalf of the resolving body of the organization by the following authorized member(s): Signed Title Packet Pg. 4 Washington State Attorney General's Office Approved as to form1/19/18 Assistant Attorney Genera( Date a Packet Pg. 5 This agreement template is used by the Recreation and Conservation Office (RCO) for the management of the grant and other programs it administers. This example is provided for review by applicants' and their counsel as they seek grant funding managed by RCO. This grant agreement will contain changes at issuance based on the specifics of each funded project. For instance, changes will occur based on the applicant, funding program, fund source, project type, rule or law changes, and other factors. Applicants that receive funding from RCO are encouraged to thoroughly review their customized grant agreement prior to final signature. RCO reserves the right to make updates to this template. RCO GRANT AGREEMENT Project Name: Project Number: Issuance Date: A. PARTIES OF THE GRANT AGREEMENT. 1. This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington {FundingAgency) Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and {Prim arySponsorNameAddress) {SecondarySponsorNameAddress), and shall be binding on the agents and all persons acting by or through the parties. 2. The Sponsor's Data Universal Numbering System (DUNS) Number is {DUNNSNumber). 3. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. 4. Prior to and During the Period of Performance, Per the Applicant Resolution/Authorizations submitted by all sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this project agreement on behalf of the Sponsor(s) including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. a. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Page 1 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 6 Resolution/Authorization signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. b. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections A and J. ° r ° 0 5. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). L B. PURPOSE OF AGREEMENT. 0 This Agreement sets out the terms and conditions by which a grant is made from the {AccountName) of the State of Washington. The grant is administered by the RCO. C. DESCRIPTION OF PROJECT. {ProjectDescription) D. PERIOD OF PERFORMANCE. 1. The period of performance begins on {StartDate) (project start date) and ends on {EndDate) (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. 2. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. E. STANDARD TERMS AND CONDITIONS INCORPORATED. The RCO Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part of this Agreement. F. LONG-TERM OBLIGATIONS. (This is a custom section based on project, program, and sponsor type. See attached spreadsheet of those that may apply.) G. PROJECT FUNDING. Page 2 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 7 The total grant award provided for this project shall not exceed (RCOAmount}. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: {FundingTable} H. FEDERAL FUND INFORMATION. (This section only appears if there is federal funding nexus) {FederalFundinglnfo} c 0 This funding is not research and development (R&D). 0 If the Sponsor's total federal expenditures are $750,000 or more during the Sponsor's fiscal -year, the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200, Sub Part F—Audit Requirements, Section 500 (2013). The Sponsor must provide a copy of the L final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer c9 period is agreed to in advance by the federal agency identified in this section. Sponsor shall comply with the federal "Omni -circular" (2 C.F.R. Part 200). RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured. I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS. All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. This "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. The following Exhibits are attached as part of this Agreement: (This is a custom section listing things like "Expanded Scope of Work," "Milestones," and "Eligible Scope Items,"which become part of this agreement.) If an exhibit is referenced in this Agreement as an exhibit or attached to this Agreement, regardless whether it is on this list, it shall still be considered part of this Agreement. J. AMENDMENTS TO AGREEMENT. 1. Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by Page 3 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 8 RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. 2. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. 3. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be c 3 deemed to include all current federal, state, and local government laws and rules, and policies o applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a L result of an amendment shall apply only prospectively and shall not require that an act O O previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. K. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES. 1. This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. 2. For the purpose of this Agreement, {WAC...) shall apply as terms of this Agreement. 3. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: {CustomApplicableManuals} Provided, where a manual refers to a funding board's responsibility and/or authority but the funding board is not involved with the grant or successor to an entity that was involved, the RCO director shall have that responsibility and/or authority if such responsibilities and/or authority falls within the RCO's statutory responsibilities and/or authority or within a lawful delegation by the board to the RCO. L. SPECIAL CONDITIONS. {CustomSpecialConditionsAsMayApply} M. AGREEMENT CONTACTS. The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Page 4 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 9 {CustomProjectCon tacts} These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. N. ENTIRE AGREEMENT. This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. c 0 r O. EFFECTIVE DATE. 0 a� 1. Unless otherwise provided for in this Agreement, this Agreement, for project {ProjectNumber}, shall not be effective and binding until the date signed by both the sponsor and the RCO's R authorized representative, whichever is later (Effective Date). Reimbursements for eligible and c� allowable costs incurred within the period of performance identified in the PERIOD OF O U PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. 2. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signators listed below represent and warrant their authority to bind the parties to this Agreement. Signatures: Sponsor/Date Recreation and Conservation Office/Date Page 5 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 10 Standard Terms and Conditions of the RCO Grant Aereement Table of Contents 1. CITATIONS, HEADINGS AND DEFINITIONS............................................................................................8 2. PERFORMANCE BY THE SPONSOR......................................................................................................13 3. ASSIGNMENT......................................................................................................................................14 4. RESPONSIBILITY FOR PROJECT............................................................................................................14 5. INDEMNIFICATION..............................................................................................................................14 1►I0]11»►IRIS►:ffi1e\7e1o:WL6]111111::I0y0]06*i1 [: 7. CONFLICT OF INTEREST.......................................................................................................................16 c 0 r 8. COMPLIANCE WITH APPLICABLE LAW................................................................................................16 0 a� 9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES...................................................18 10. RECORDS.............................................................................................................................................23 L 11. PROJECT FUNDING..............................................................................................................................24 O O 12. PROJECT REIMBURSEMENTS..............................................................................................................25 13. ADVANCE PAYMENTS.........................................................................................................................27 c 14. RECOVERY OF PAYMENTS...................................................................................................................27 0 U 15. COVENANT AGAINST CONTINGENT FEES...........................................................................................27 U 16. INCOME (AND FEES) AND USE OF INCOME........................................................................................27 0 17. PROCUREMENT REQUIREMENTS........................................................................................................28 m m 18. TREATMENT OF EQUIPMENT AND ASSETS.........................................................................................29 a� L 19. RIGHT OF INSPECTION........................................................................................................................30 a 20. STEWARDSHIP AND MONITORING.....................................................................................................30 r 0 21. PREFERENCES FOR RESIDENTS............................................................................................................30 a a� 22. ACKNOWLEDGMENT AND SIGNS........................................................................................................30 E 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION cn PROJECTS............................................................................................................................................31 aD 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS. 32 E 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.........................................................34 Q 26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS ............................35 27. RECORDED NOTICE OF GRANT............................................................................................................36 28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS..................................36 29. PROVISIONS FOR FEDERAL SUBAWARDS............................................................................................36 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS.....................................................................39 31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS....................................39 Page 6 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 11 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS............................................40 33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS....................................41 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.................................................41 35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS................................41 36. ORDER OF PRECEDENCE.....................................................................................................................46 37. LIMITATION OF AUTHORITY................................................................................................................47 38. WAIVER OF DEFAULT..........................................................................................................................47 39. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH..............47 c 40. SPECIFIC PERFORMANCE r c ....................................................................................................................47 41. TERMINATION AND SUSPENSION.......................................................................................................47 42. DISPUTE HEARING...............................................................................................................................49 c L 43. ATTORNEYS' FEES................................................................................................................................50 O O 44. GOVERNING LAW/VENUE...................................................................................................................50 U o: 45. SEVERABILITY......................................................................................................................................50 c 46. END OF AGREEMENT. 50 3 Page 7 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 12 STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT Last Updated: February 12, 2020 1. CITATIONS, HEADINGS AND DEFINITIONS. A) Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. c 0 B) Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. 0 a� C) Definitions. As used throughout this Agreement, the following terms shall have the meaning c set forth below: ;4 c� acquisition project — A project that purchases or receives a donation of a right to or in real property including, but not limited to, fee simple land acquisition, conservation easement, access/trail/recreational easements, covenants, leases, water rights, and mineral rights. Agreement, terms of the Agreement, or project agreement —The document entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual -- A manual designated in this Agreement to apply as terms of this Agreement, subject (if applicable) to substitution of the "RCO director" for the term "board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s) -- Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director" for the term "board" or "agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant — Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application —The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Page 8 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 13 archeological, cultural, and historic resources - Archeological sites and artifacts, and traditional areas or items of religious, ceremonial and/or social (significance to) (uses of) tribes affected by or interested in the project. This also refers to built environments and places with historical significance for the nation, state, or local area. authorized representative/agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. — Code of Federal Regulations completed project or project completion - The status of a project when all of the following have occurred: 1. The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily, 2. A final project report is submitted to and accepted by RCO, 3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO 4. A final reimbursement request has been paid by RCO. 5. Property rights (including RCO's as may apply) have been recorded (as may apply) contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. compliance period, or long-term compliance period —The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. conversion —A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. development project — A project that results in the construction of, or work resulting in, new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. A development project may also involve activities that redevelop or renovate an existing facility, and these may occur exclusively in the project or in combination with new construction. For projects in the Boating Facilities Program, the term "development project" includes all of the above and may also include those activities that are defined as maintenance in 50 C.F.R 86. director or Director — The chief executive officer of the Recreation and Conservation Office or that person's designee. Page 9 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 14 education project — A project that provides information, education, and outreach programs and/or services for the benefit of outdoor recreationists. This project may involve limited amounts of capital construction or installation of tangible property. education and enforcement project — A project that provides information, education, and outreach programs or services; encourages responsible recreational behavior, and may provide law enforcement for the benefit of outdoor recreationists. This project may involve limited amounts of capital construction or installation of tangible property, and equipment purchases. effective date — The date when the signatures of all parties to this agreement are present in the agreement. c 0 enhancement project — A project that (i) supports hatchery reform to improve hatchery r ' effectiveness to minimize impacts to wild fish populations, (ii) ensures compatibility between 0 hatchery production and salmon recovery programs, or (iii) supports sustainable fisheries (WAC 420.04.010). L equipment —Tan Tangible personal property (including information technology systems) having a useful g p p p Y(� g� gY Y ) g 0 p service life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. § 200.33 (2013)). v funding board or board — The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity — the entity that approves the project that is the subject to this Agreement. grant program —The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost — Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)). compliance period, or long-term compliance period —The term of years, beginning on the end date of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by RCO per the Agreement. long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement — An agreement that is required between a Sponsor and landowner for projects located on land not owned or otherwise controlled by the Sponsor. maintenance project — A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreation. maintenance and operation project — A project that maintains and operates existing areas and facilities through repairs, upkeep, and routine services for the benefit of outdoor recreationists. match or matching share —The portion of the total project cost provided by the Sponsor. Page 10 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 15 milestone — An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. monitoring project — Means a project that tracks the effectiveness of salmon recovery restoration actions, or provides data on salmon populations or their habitat conditions. monitoring and research project — Means a project that tracks the effectiveness of salmon recovery restoration actions, or provides data on salmon populations or their habitat conditions. Office — Means the Recreation and Conservation Office or RCO. notice of grant —As required by RCO or another authority, a document that has been legally recorded on the property title of the project area(s) in the county or counties where the project property is located, or with the United States Government, that describes the project area on the property, the funding sources, and agencies responsible for awarding the grant. pass -through entity — A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, RCO is the pass -through entity. period of performance —The period beginning on the project start date and ending on the project end date. planning project - A project that results in one or more of the following: 1) a study, a plan, assessment, project design, inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate the work of an organization engaged in planning and coordination, or resource stewardship. pre -agreement cost —A project cost incurred before the period of performance. primary Sponsor —The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project —The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area - A geographic area that delineates a grant assisted site which is subject to project agreement requirements. project area (for projects where WAC 420 is applied) - The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project (WAC 420.04.010). completed project or project completion - The status of a project when all of the following have occurred: Page 11 of 50 2020 RCO GRANT AGREEMENT c 0 r 0 a� c R L O U W Packet Pg. 16 1. The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily, 2. A final project report is submitted to and accepted by RCO, 3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO 4. A final reimbursement request has been paid by RCO. 5. Property rights (including RCO's as may apply) have been recorded (as may apply) project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third -party contributions (see also 2 C.F.R. § 200.83 (2013) for federally funded projects). o project end date —The specific date identified in the Agreement on which the period of r N performance ends, as may be changed by amendment. This date is not the end date for any long- term obligations. c R project start date —The specific date identified in the Agreement on which the period of c� performance starts. O U W RCFB — Recreation and Conservation Funding Board RCO — Recreation and Conservation Office —The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW — Revised Code of Washington Recreational Trails Program (RTP) —A Federal Highways Administration grant program. reimbursement — RCO's payment of funds to the Sponsor for eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project — A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. research project — Means a project that studies salmon and the effectiveness of recovery restoration efforts on the population or habitat condition. restoration project — A project intended to bring a site back to its historic function as part of a natural ecosystem, or one intended to improve the ecological or habitat functionality or capacity of (or part of) a site, landscape, marine environment, or watershed. restoration and enhancement project — A project intended to bring a site back to its historic function as part of a natural ecosystem or that improves the ecological functionality of a site or a larger ecosystem which improvement may include benefiting (or exclusively benefit) fish stocks. secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement. Page 12 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 17 Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. SRFB — Salmon Recovery Funding Board State. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of Washington state government. subaward — Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass -through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass -through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract. Also see 2 C.F.R. § 200.92 (2013). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. § 200.330 (2013)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the PROJECT FUNDING Section. subrecipient — Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass -through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation — Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially - affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life — Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC —Washington Administrative Code. 2. PERFORMANCE BY THE SPONSOR. Page 13 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 18 a. The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. b. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. 3. ASSIGNMENT. o r Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or 0 assigned by the Sponsor without prior written approval of the RCO. N a� 4. RESPONSIBILITY FOR PROJECT. c R L a. While RCO administers the grant that is the subject of this Agreement, the project itself O O remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from v the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. b. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post -completion stewardship responsibilities and long- term obligations unless otherwise stated in this Agreement. c. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. S. INDEMNIFICATION. a. The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, Page 14 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 19 contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. b. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. c. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the 2 extent of the Sponsor's negligence or its agents, or employees. 3 0 d. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives L any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of O O immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, L) and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. e. Sponsor shall ensure that any agreement relatingtothis project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. f. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Page 15 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 20 g. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. 6. INDEPENDENT CAPACITY OF THE SPONSOR. a. The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. b. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. 7. CONFLICT OF INTEREST. a. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. b. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. 8. COMPLIANCE WITH APPLICABLE LAW. a. In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for Page 16 of 50 2020 RCO GRANT AGREEMENT c 0 r 0 0 a� c R O U W Packet Pg. 21 construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. iii. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, S regulations, and policies of the United States and the State of Washington or other 3 jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing o wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the L Washington State Department of Labor and Industries as required by RCW 39.12.40. The O O Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. • Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. iv. Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. b. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or Page 17 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 22 propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. c. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. 0 r d. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that o neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the L Sponsor agrees not to enter into any arrangements or contracts related to this Agreement O O with any party that is on Washington State Department of Labor and Industries' "Debarred L) Contractor List." e. Requirements for RTP Subawards. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and allowed by the State, as well as federal law and federal rules issued by the Federal Highways Administration and 2 CFR 200. Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon Act as amended. 9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES RCO shall administratively review, and Sponsor shall assist RCO in such review, For all funded projects, including land acquisitions for the purpose of capital construction or renovation, not undergoing Section 106 review under the National Historic Preservation Act of 1966, RCO shall review and, if it deems appropriate, confer with the Washington State Department of Archeology and Historic Preservation, tribes, and with any other party/parties that have an interest in, or responsibility for, Project review and protection of archeological, cultural, and historical resources, to determine potential impacts to archeological, cultural and historic resources and plans for protection of such resources. The Sponsor shall cooperate in all such reviews. 1. Plans. Sponsor shall comply with all plans RCO or another state or federal agency may develop for the protection of archeological, cultural, and historical resources in the project area, and adjacent areas that may be impacted by the project. This subsection also applies to those projects where a categorical exclusion (subsection 5) may apply. Page 18 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 23 2. Authorities. At a minimum, review, management, and protection of archeological, cultural, and historic resources, and tribal consultation, shall be performed in the project area and adjacent areas impacted by the project for compliance with the following authorities (as may apply and as in effect at the time of the review): Washington State Department of Archeology and Historic Preservation policies and procedures and rule, Sponsor, RCO, and landowners' plans, policies and procedures, directives, laws and rules, iii. State Environmental Policy Act, iv. National Environmental Policy Act, V. National Historic Preservation Act of 1966, vi. Governor's Executive Order 05-05, Scope of Archeological, Cultural, and Historic Resources Review. RCO recognizes that the project area may include multiple parcels with multiple landowners, and additional parties with property rights in the project area. The Sponsor shall apply this section independently to each separately owned property, provided that reviews undertaken must include impacts to individual parcels and cumulative impacts. 4. Compliance. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological, cultural, and historic resources in the project area, and adjacent areas that may be impacted by the project, and comply with any RCO direction for such avoidance, minimization, and mitigation, and reporting and notification thereof. 5. Categorical Exemption. If the Sponsor has reviewed the activities in this grant for impacts to archeological, cultural, and historical resources, and the same for any planned projects in any land acquired with this grant, and determined the project is categorically exempt from further archaeological, historical and cultural resources review, as well as tribal consultation, Sponsor shall notify the RCO in writing prior to beginning the project describing 1) the specific statutory or regulatory exemptions that apply, and 2) their applicability to the specific project. Alternatively, the RCO may determine the project is covered by a categorical exemption, in whole or in part, and notify the Sponsor of such determination. However, any categorical exemption must meet the standards of and be consistent and allowable by ALL of the following: 1. the project area landowner(s) legal documents and governing documents (if applicable, 2. Sponsor's own policies and procedures and rules, 3. All applicable laws, 4. RCO applicable policies, manuals and/or other guidance, and 5. Washington Department of Archaeology and Historic Preservation's rules and policies. Alternatively, the RCO may assign a categorical exemption to the project based on its own review. Page 19 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 24 Regardless of the applicability of any categorical exemption, the RCO reserves the right at any time to require Sponsor to comply with any and all of the provisions of this section. 6. Project Areas Reviewed by a Permitting Authority. For those project areas where a permitting authority for the project conducts an archeological, cultural, and historical resources review and tribal consultation under section 106 of the Historic Preservation Act, NEPA, SEPA, or Governor's Executive Order 05-05, such review and consultation shall substitute for the land owner's, provided that such substitution is allowed only if (a)the permitting authority and landowner are not the same, and (b)the RCO determines that the review and consultation performed by the permitting authority meets RCO standards. When a permitting authority conducts such reviews and tribal consultation, all other subsections herein shall still apply to the Sponsor(s). 7. Proiect Areas on Sponsor -Owned Property. Unless a categorical exemption applies as stated above, the Sponsor shall perform and be bound by the following: a. Project Review. For project areas not reviewed by a permitting authority (see above), prior to implementing in the project area any ground disturbance, altering or demolishing structures or other property appurtenances, removing or altering vegetation, geologic elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas where project mitigation shall occur, or any other areas that may be affected by project implementation, the Sponsor shall review the project for its potential and actual impacts, including any planned projects on lands acquired as part of the project, to any and all archaeological, cultural and historical resources in and adjacent to the project area, in areas where project mitigation shall occur, or other areas that may be affected by project implementation. In this review, Sponsor shall follow its policies and procedures, plans, guidance, rules, and directives, as well as act in compliance with Governor's Executive Order 05-05, the National Historic Preservation Act, the State Environmental Policy Act, the National Environmental Policy Act, and any local laws as may apply. If another governmental agency is responsible in whole or in part for this review the Sponsor shall assist with such review. Tribal Consultation. For project areas not reviewed by a permitting authority (see above), prior to implementing in the project area any ground disturbance, altering or demolishing structures or other property appurtenances, removing or altering vegetation, geologic elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas where project mitigation shall occur, or any other areas that may be affected by project implementation, Sponsor shall conduct tribal consultation with any interested or affected tribes as defined above. . c. Reporting to RCO and Approval of Project Activities. Sponsor shall provide RCO evidence (which RCO shall prescribe) that it has conducted project review and tribal consultation as described and receive written approval of such review and consultation from RCO prior to Sponsor implementing in the project area any ground disturbance, altering or demolishing structures or other property appurtenances, removing or altering vegetation, geologic elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas Page 20 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 25 where project mitigation shall occur, or any other areas that may be affected by project implementation. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and historic resources. e. Termination. RCO retains the right at any time to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. f. Monitoring. RCO may require on -site monitoring for impacts to archeology, cultural, and historic resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology, cultural, and historical resource impacts or concerns. g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily available to anyone working at the project site, discuss the IDP with staff and contractors working at the project site, and Implement the IDP when cultural resources or human remains are found at the project site. h. Discovery. If any archeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify the property owner, RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources until such time as the reviewing authority with jurisdiction over the found object(s) and areas notifies Sponsor and RCO that work can resume. Human Remains. If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the RCO provides a new notice to proceed on the project. Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non -forensic. If the county medical examiner/coroner determines the remains are non -forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non -Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with Page 21 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 26 the affected parties as to the future preservation, excavation, and disposition of the remains and the resumption of work. 8. Project Areas on State or Federal Property Not Owned By Sponsor. Categorical Exemption. For project area(s) owned by a state or federal agency, and not under review via a permitting nexus (see above), the state or federal agency landowner performing archeological, cultural, and historic resources review and tribal consultation shall make the determination that the project, in whole or in part, is covered by a categorical exemption, and may notify and report such to the Sponsor, or to RCO on behalf of Sponsor. c Project Review and Tribal Consolation. If the project is not categorical exception to 3 archeological, cultural, and historical resources review and tribal consultation, and the project N area is located on property owned by the State of Washington or a federal agency, Sponsor shall: N c R a. Follow its own policies and procedures, rules, and any applicable laws, for the review, protection, and management of archaeological, cultural, and historic resources, and tribal 0 U consultation and other consultations as may apply. W b. Assist the land owner and other applicable agencies, and the RCO, with its/their review of archaeological, cultural and historic resources, and tribal consultation for the project area RCO may consult directly with the landowner to complete land owner project review and tribal consultation. c. Provide RCO evidence that the landowner has 1) conducted archeological, cultural and historic resources review and tribal consultation according to its policies and procedures and applicable laws, and 2) provided Sponsor with permission to begin project implementation in the project area owned by the state or federal agency. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and historic resources. e. Termination. RCO retains the right at any time to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. f. Monitoring. RCO or the federal or state landowner may require on -site monitoring for impacts to archeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily available to anyone working at the project site, discuss the IDP with staff and contractors Page 22 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 27 working at the project site, and Implement the IDP when cultural resources or human remains are found at the project site. h. Discovery. If any archeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify the property owner, RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. Human Remains. If any human remains are found while conducting work under this 12 Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement c Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious M manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the RCO provides a new notice to proceed on the project. Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or c� the Department of Archaeology and Historic Preservation (DAHP). The county medical O examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non -forensic. If the county — medical examiner/coroner determines the remains are non -forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non -Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. 9. Costs. Costs associated with Sponsor's responsibilities under this section of the Agreement are eligible for reimbursement under this Agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor. 10. RECORDS. a. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. b. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records Page 23 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 28 shall be retained until all litigation, claims, or audit findings involving the records have been resolved. c. In order to satisfy 15 CFR 24.42(b) & (c) and 2 CFR 200.333, for projects that contain Pacific Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the sponsor shall retain records for a period of nine years from the date RCO deems the project complete as defined in the PROJECT REIMBURSEMENTS Section. d. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. e. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. 11. PROJECT FUNDING. a. Authority. This Agreement and funding is made available to Sponsor through the RCO. b. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. c. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. Page 24 of 50 2020 RCO GRANT AGREEMENT c 0 0 U) W c ,L^ V 0 U W Packet Pg. 29 d. Requirements for Federal Subawards. Pre -Agreement costs before the federal award date in the FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). e. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. 12. PROJECT REIMBURSEMENTS. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286- 13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may only request reimbursement after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. b. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. c. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. d. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: i. RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. ii. On -site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and iii. RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. Page 25 of 50 2020 RCO GRANT AGREEMENT c 0 r 0 U) W c R L c� O U W Packet Pg. 30 iv. A Notice of Grant for any property rights acquired or donated (if applicable) have been filed with the county lands records office (or United State Government) and a stamped copy received by RCO, and any property rights owned to RCO have been likewise recorded. e. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. § 200.306 (2013). Any shared costs or matching funds and all contributions, including cash and third -party in -kind contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the following criteria: Are verifiable from the non -Federal entity's (Sponsor's) records; Are not included as contributions for any other Federal award; iii. Are necessary and reasonable for accomplishment of project or program objectives; iv. Are allowable under 2 C.F.R. Part 200, Subpart E—Cost Principles (2013); V. Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; vi. Are provided for in the approved budget when required by the Federal awarding agency identified in the FEDERAL FUND INFORMATION Section of this Agreement; and vii. Conform to other provisions of 2 C.F.R. Part 200, Subpart D—Post Federal Award Requirements (2013), as applicable. f. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non -Federal entity (Sponsor) must: i. Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass -through entity (RCO) may approve extensions when requested by the Sponsor. ii. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. iii. Refund any balances of unobligated cash that the Federal awarding agency or pass - through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non -Federal entity (Sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. iv. Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property rust relationship and 200.329 Reporting on real property (2013). Page 26 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 31 13. ADVANCE PAYMENTS. Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. 14. RECOVERY OF PAYMENTS. a. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. o r b. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous 0 N W payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the 0 date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. c. Requirements for Federal Subawards. RCO, acting as a pass -through entity, may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). 15. COVENANT AGAINST CONTINGENT FEES. The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 16. INCOME (AND FEES) AND USE OF INCOME. See WAC 286-13-110 for additional requirements for projects funded from the RCFB. Income. a. Farm and Forest Account (Farmland and Forestland Preservation Grants). Excepted from this section is income generated and fees paid on/for properties which received funds from the Farm and Forest Account (RCW 79A.15.130). b. Firearms and Archery Range Recreation Projects. Excepted from this section are safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (RCW 79A.25.210). Page 27 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 32 c. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. d. Use of Income. Subject to any limitations contained in applicable state or federal law and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: i. The Sponsor's matching resources; c 3 ii. The project's total cost; o iii. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; iv. The expense of operation, maintenance, stewardship, monitoring, and/or repair of L other similar units in the Sponsor's system; O O V. Capital expenses for similar acquisition and/or development and renovation; and/or L) vi. Other purposes explicitly approved by RCO. e. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: i. Grant program laws, rules, and applicable manuals; ii. Value of any service(s) furnished; iii. Value of any opportunities furnished; and iv. Prevailing range of public fees in the state for the activity involved. f. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307 Program income (2013). 17. PROCUREMENT REQUIREMENTS. a. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists the Sponsor must follow these minimum procedures: i. Publish a notice to the public requesting bids/proposals for the project; ii. Specify in the notice the date for submittal of bids/proposals; iii. Specify in the notice the general procedure and criteria for selection; and iv. Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. V. Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding Page 28 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 33 cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. b. Requirements for Federal Subawards. For all Federal subawards, non -Federal entities (Sponsors) must follow 2 C.F.R §§ 200.318 2 General procurement standards through 200.326 Contract Provisions (2013). 0 ii. For RTP subawards, Sponsors shall follow such policies and procedures allowed by the State when procuring property and services under a Federal award (2 C.F.R § 1201.317 (2013)). c R 18. TREATMENT OF EQUIPMENT AND ASSETS. a. Equipment shall be used and managed only for the purpose of this Agreement , unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. O U b. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. c. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. d. Requirements for Federal Subawards. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, at a minimum, meet the following requirements (2 C.F.R § 200.313 (2013)): Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the Federal Award Identification Number), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. iii. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. iv. Adequate maintenance procedures must be developed to keep the property in good condition. Page 29 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 34 V. If the non -Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. e. Requirements for RTP Subawards. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and allowed by the State, as well as federal law and federal rules issued by the Federal Highways Administration and 2 CFR 200. 19. RIGHT OF INSPECTION. The Sponsor shall provide right of access to the project to RCO, 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, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to inspect and access lands acquired or developed with this funding assistance. 20. STEWARDSHIP AND MONITORING. Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. 21. PREFERENCES FOR RESIDENTS. Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents, but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. 22. ACKNOWLEDGMENT AND SIGNS. Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. b. Signs. During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and Page 30 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 35 During the period of long-term obligations, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. c. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. d. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid S solicitations, and other documents describing a project funded in whole or in part with federal ° money provided for in this grant, Sponsors shall clearly state: o a� i. The fund source; ii. The percentage of the total costs of the project that is financed with federal money; L iii. The dollar amount of federal funds for the project; and O O iv. The percentage and dollar amount of the total costs of the project that is financed by L) nongovernmental sources. 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS. a. The following provisions shall be in force: Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if the RCO guidance would not meet such requirements. b. Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. Page 31 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 36 c. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. d. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated Streambank Protection Guidelines", 2002; "Land S Use Planning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", o 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. L Sponsors are also encouraged to use best management practices developed by the Washington O O Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive Species" which is available on the WISC Web site. e. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no way responsible for any risks associated with the project. 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS. a. The following provisions shall be in force: i. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the Sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to all applicable manuals and RCWs or WACs. ii. Evidence of Title. The Sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. iii. Legal Description of Real Property Rights Acquired. The legal description of any real property rights purchased with funding assistance provided through this Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be delivered to RCO before final payment. iv. Conveyance of Rights to the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the Sponsor agrees to execute an appropriate document (provided or approved by RCO) conveying certain rights and responsibilities to RCO or the Funding Entity on behalf of the State of Washington or another agency of the Page 32 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 37 state, or federal agency, or other organization. These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. The Sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. V. Deed of Right. The Deed of Right as described in RCO Manual #3 conveys to the people of the state of Washington the right to preserve, protect, access, and/or use the property for public purposes consistent with the funding source and project agreement. Sponsors shall use this document when acquiring real property rights that include the underlying land. This S document may also be applicable for those easements where the Sponsor has acquired a 3 perpetual easement for public purposes. o vi. Assignment of Rights. The Assignment of Rights as described in RCO Manual #3 document transfers certain rights to RCO and the state such as public access, access for compliance, and enforcement. Sponsors shall use this document when an easement or lease is being L acquired under this Agreement. The Assignment of Rights requires the signature of the O O underlying landowner and must be incorporated by reference in the easement document. U vii. Easements and Leases. The Sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; Sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. viii. Real Property Acquisition and Relocation Assistance. In the event that housing and relocation costs and procedures are required by local, state, tribal, or federal law, or rule; the Sponsor agrees to provide such housing and relocation assistance as a condition of the Agreement and receiving grant funds. b. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsor must consult with RCO regarding treatment of such structures and compliance with COMPLIANCE WITH APPLICABLE LAW SECTION, Archeological and Cultural Resources paragraph c. Hazardous Substances. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(13), and certify: No hazardous substances were found on the site, or iii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean." iv. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. V. Hold Harmless. The Sponsor will defend, protect and hold harmless the State and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss Page 33 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 38 of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the Sponsor is acquiring, except to the extent, if any, that the State, its officers and agents caused or contributed to the release . The Funding Entity and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. d. Requirements for Federal Subawards. The non-federal entity (Sponsor) must submit reports the federal funding agency, through RCO, at least annually on the status of real property in which the federal government retains an interest, unless the federal interest in the real property extends 15 years or longer. In those instances where the federal interest attached is for a period of 15 years or more, the federal awarding agency or the pass -through entity (RCO), at its option, may require the Sponsor to report at various multi -year frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or a federal awarding agency or RCO may require annual reporting for the first three years of a federal award and thereafter require reporting every five years) (2 C.F.R § 200.329 (2013)). e. Developing and Restoring Purchased Property. If the Sponsor intends to develop or restore the property acquired it shall do so within the timeline and deadline provided by the funding program or board policies that apply to the grant funded project, or as provided for in this Agreement. 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS. a. Long -Term Obligations. This section applies to completed projects only. b. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO requires that the project area continue to function for the purposes for which these grant funds were approved, in perpetuity. c. Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, renovated, and/ or restored pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property (or a portion of it) to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal laws or regulation. Page 34 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 39 For acquisition projects that are expressly term -limited in the Agreement, the restriction on conversion shall apply only for the length of the term, unless otherwise provided by this Agreement and incorporated documents, WACs, or any applicable state or federal law or regulation. When a conversion has been determined to have occurred, the Sponsor shall remedy the conversion as set forth in this Agreement (with incorporated documents) and as required by all applicable policies, manuals, WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a court or other decision -making body, and the RCO may pursue all remedies as allowed by the Agreement or law. 26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS. a. The following provisions shall be in force for this agreement: Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: a. According to applicable federal, state, and local laws and regulations, including public health standards and building codes; b. In a reasonably safe condition for the project's intended use; c. Throughout its estimated useful service life so as to prevent undue deterioration; d. In compliance with all federal and state nondiscrimination laws, regulations and policies. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: a. Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. b. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. c. Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. Page 35 of 50 2020 RCO GRANT AGREEMENT c 0 0 a� c R ,L^ V 0 U W Packet Pg. 40 27. RECORDED NOTICE OF GRANT. At the request of RCO, another state agency, or a federal agency, Sponsor shall record a notice of grant on property subject to this Agreement and shall submit to the RCO a recorded and registry stamped copy of such notice. The purpose of the notice of grant is to provide constructive notice of the grant and project and to ensure that the present and future use of the project area is and shall remain subject to the terms and conditions described in this Agreement. The notice of grant shall be in a format specified by RCO. 28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS. a. A corporate Sponsor, including any nonprofit Sponsor, shall: i. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the Sponsor's obligation to the project as identified in the Agreement. ii. Notify RCO before corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution the Sponsor shall name a qualified successor that will agree in writing to assume any on -going project responsibilities, and transfer all property and assets to the successor. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the Sponsor's obligation to the qualified successor if requirements are met. iii. Maintain sites or facilities open to the public and may not limit access to members. 29. PROVISIONS FOR FEDERAL SUBAWARDS. The following provisions shall be in force for this agreement: a. Sub -Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013). Unless otherwise indicated, the cost principles apply to the use of funds provided under this Agreement to include match and any in -kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. b. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." c. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, Page 36 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 41 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, paragraph C. d. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, 3 or any application or modification thereof approved by the Government for a grant, contract, o loan, insurance, or guarantee under which the applicant itself participates in the construction work. N c R L e. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the O O construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, L) highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. o f. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities (Sponsors) must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity (Sponsor) must report all suspected or reported violations to the federal awarding agency identified in the Federal Fund Information Section. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient (Sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity (Sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION. Page 37 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 42 g. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity (Sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. h. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 C.F.R § 401.2(a) and the recipient or subrecipient (Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient (Sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION and the Regional Office of the Environmental Protection Agency (EPA). Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies (per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directly or indirectly) received or will receive for this project from the United States or any agency thereof, have been used or shall be used to engage in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this project. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying Page 38 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 43 with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier -to -tier up to the non-federal award. k. Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally -owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R § 200.310 (2013)). m. Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must not award a contract to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. n. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding agency established pursuant to 2 C.F.R 200. 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS. Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must indemnify and defend the United States and hold it harmless from any claims, suits, losses, and damages from; any allegedly unauthorized use of any patent, process, idea, method, or device by the user in connection with its use of the logo, or any other alleged action of the user; and any claims, suits, losses, and damages arising from alleged defects in the articles or services associated with the logo. No one may use any part of the logo in any other manner unless the United States Fish and Wildlife Service's Assistant Director for Wildlife and Sport Fish Restoration or Regional Director approves in writing. 31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS. The following provisions shall be in force for this agreement: Page 39 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 44 a. Liability Insurance. The Sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it carries, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resources to pay successful claims of people who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. b. Insurance Endorsement. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. c. Length of Insurance. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the Sponsor's obligation to the project as identified in this Agreement. d. Notice of Cancellation. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the Sponsor. Government Agencies. The requirement of Subsection a through d above shall not apply if the Sponsor is a federal, state, or municipal government which has established an adequate program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy to the RCO. f. Sole Duty of the Sponsor. By this requirement, the funding board and RCO does undertake to review, approve, or monitor the safety of the design, construction, or operation of the project and does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer as a result of the project which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the Sponsor, or others, for any and all remedies that may be available by law. 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS. This project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), therefore the "Land and Water Conservation Fund General Provisions" are made part of this Agreement and incorporated herein. The Sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the Sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. Page 40 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 45 33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS. The following sections of this Agreement shall not apply if they are included and covered separately in a recorded RCO-approved Agricultural Conservation Easement, or Forest Conservation Easement (or other method): a. Income and Income Use; Stewardship and Monitoring; Acknowledgement and Signs; Provisions Applying To Acquisition Projects: Conveyance of Rights to the State of Washington, Building and Structures, and Hazardous Substances; Long -Term Obligations of the Projects and Sponsors: Perpetuity; and Construction, Operation, Use and Maintenance of Assisted Projects. 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS. c For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the 0 W Sponsor shall not commence with clearing of riparian trees or in -water work unless either the Sponsor N has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for c any enforcement responsibility by RCO. O O 35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS. U W The following provisions shall be in force for this Agreement if the project is funded in part or wholly from the Puget Sound Acquisition and Restoration program. The Sponsor agrees to the following terms and conditions: a. Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US Environmental Protection Agency's General Terms and Conditions "Indirect Cost Rate Agreements," if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. b. Credit and Acknowledgement. In addition to the ACKNOWLEDGEMENT AND SIGNS section, materials produced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership (PSP) logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." This requirement is for the life of the product, whether during or after the Agreement period of performance. c. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel -Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act. Page 41 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 46 d. Drug Free Workplace Certification. Sub -recipient (Sponsor) shall make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Sponsors who are individuals must comply with the drug -free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. e. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs that are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except for the extent authorized as a direct cost of carrying out the scope of work. f. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provision applies only to a sub -recipient (Sponsor), and all sub-awardees of sub -recipient (Sponsor), if any. Sub - recipient (Sponsor) shall include the following statement in all sub -awards made to any private entity under this Agreement: "You as the sub -recipient, your employees, sub-awardees under this award, and sub-awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award." The sub -recipient (Sponsor), and all sub-awardees of sub -recipient (Sponsor) must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. The federal agency funding this Agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. Lobbying. The chief executive officer of this recipient agency (Sponsor) shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States, unless authorized under existing law. The recipient (Sponsor) shall abide by its respective Cost Principles (OMB Circulars A-21, A-87, and A- 122), which generally prohibits the use of federal grant funds for litigation against the United States, or for lobbying or other political activities. The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in award documents for all sub -awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any Sponsor who makes a prohibited expenditure under 40 C.F.R. 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 Sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor Page 42 of 50 2020 RCO GRANT AGREEMENT c 0 0 a� c ,L^ V 0 U W Packet Pg. 47 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. h. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO approved budget. Disadvantaged Business Enterprise Requirements. The Sponsor agrees to comply with the requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in procurements made under this award. Minority and Women's Business Participation. Sponsor agrees to solicit and recruit, to the maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement.<br><br> These goals are expressed as a percentage of the total dollars available for purchase or agreement and are as follows: Purchased Goods 8% MBE 4% WBE; Purchased Services 10% MBE 4% WBE; Professional Services 10% MBE 4% WBE. Meeting these goals is voluntary and no agreement award or rejection shall be made based on achievement or non -achievement of the goals. Achievement of the goals is encouraged, however, and Sponsor and ALL prospective bidders or people submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: i. Include qualified minority and women's businesses on solicitation lists. ii. Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies. iii. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. iv. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. V. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: I. There are any funds budgeted in the contractual/services, equipment or construction lines of the award; and/or $3,000 or more is included for supplies; or there are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as described in items Page 43 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 48 (a) and (b). When completing the form, recipients (Sponsors) should disregard the quarterly and semi-annual boxes in the reporting period Section 1B of the form. For annual submissions, the reports are due by October 30th of each year or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on planned procurements. Recipients (Sponsors) with funds budgeted for non -supply procurement and/or $3,000 or more in supplies are required to report annually whether the planned procurements take place during the reporting period or not. If no procurements take place during the reporting period, the recipient should check the box in Section 5B when completing the form. MBE/WBE reports should be sent to the DBE Coordinator in the Sponsor's region. Contact information can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators also can answer any questions. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with regulations, the Sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA Form 5700- 52A can be found at the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe reporting.htm. m. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. § 33.301, the Sponsor agrees to make the following six good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub -recipients (Sponsors), and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. n. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For State and Local and Government Sponsors, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. o. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. p. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For State and local Government Sponsors, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. q. Encourage contracting with a consortium of DBEs when an agreement is too large for one of these firms to handle individually. r. Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development of the Department of Commerce. Page 44 of 50 2020 RCO GRANT AGREEMENT c 0 0 a� c ,L^ V 0 U W Packet Pg. 49 s. If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a) through (e) of this section. t. Lobbying & Litigation. By signing this Agreement, the Sponsor certifies that none of the funds received from this Agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200, which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms: Certification Regarding Lobbying, EPA Form 6600-06: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin sec.pdf u. Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims against the Federal Government are unallowable. v. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients (Sponsors) or by a recipients' (Sponsor's) contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with his/her normal travel reimbursement practices). Subagreements with firms for services that are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient (Sponsor) with responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. § 30.27(b) or 40 C.F.R. § 31.369(j), as applicable, for additional information. As of January 1, 2020, the limit is $654.71 per day $81.83 per hour. w. Peer Review. Where appropriate, prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. x. International Travel (Including Canada). All International Travel must be approved by the US Environmental Protection Agency's Office of International and Tribal Affairs (OITA) BEFORE Page 45 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 50 travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. Unliquidated Obligations (ULO). Sub -recipients, and all sub-awardees of Sub -Recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub -recipients and sub-awardees). z. Light Refreshments And/Or Meals. Unless the event(s) and all of its components are described n the approved workplan, the recipient agrees to obtain prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings, conferences, training workshops, and outreach activities (events). The recipient must send requests for approval to the EPA Project Officer and include: 1) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s); 2) A description of the purpose, agenda, location, length and timing for the event; and, 3) An estimated number of participants in the event and a description of their roles. Cost for light refreshments and meals for recipient staff meetings and similar day-to-day activities are not allowable under EPA assistance agreements. aa. State grant cybersecurity. (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State law cybersecurity requirements. (b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. (2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient' s network or information system is connected to EPA networks to transfer data to the AGecy using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. 36. ORDER OF PRECEDENCE. a. This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: Federal law and binding executive orders; Page 46 of 50 2020 RCO GRANT AGREEMENT c 0 0 a� c R O U W Packet Pg. 51 Code of federal regulations; iii. Terms and conditions of a grant award to the state from the federal government; iv. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; V. State Constitution, RCW, and WAC; vi. Agreement Terms and Conditions and Applicable Manuals vii. Applicable deed restrictions, and/or governing documents. 37. LIMITATION OF AUTHORITY. Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. 38. WAIVER OF DEFAULT. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. 39. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH. The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. 40. SPECIFIC PERFORMANCE. RCO may enforce this Agreement by the remedy of specific performance, which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO, No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. 41. TERMINATION AND SUSPENSION. a. The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200.340. b. For Cause. Page 47 of 50 2020 RCO GRANT AGREEMENT c 0 r 0 0 a� c R O U W Packet Pg. 52 The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a. If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b. If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c. If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; d. Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period S that the director approves in writing, the Agreement may be terminated. In the 3 event of termination, the Sponsor shall be liable for damages or other relief as o authorized by law and/or this Agreement. RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the L investigation of any alleged breach and pending corrective action by the Sponsor, or a O O decision by the RCO to terminate the Contract. L) c. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: i. The Sponsor was not in default; or ii. Failure to perform was outside Sponsor's control, fault or negligence. d. Rights of Remedies of the RCO. i. The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. ii. In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement , the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent it would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. iii. Non -Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation Page 48 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 53 is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. iv. Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. V. No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. 42. DISPUTE HEARING. a. Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: i. The disputed issues; ii. The relative positions of the parties; iii. The Sponsor's name, address, project title, and the assigned project number. b. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. c. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. d. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Page 49 of 50 2020 RCO GRANT AGREEMENT c 0 r 0 a� c ,L^ V 0 U W Packet Pg. 54 e. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. f. All costs associated with the implementation of this process shall be shared equally by the parties. 43. ATTORNEYS' FEES. In the event of litigation or other action brought to enforce the terms of this Agreement each party agrees to bear its own attorney fees and costs. 44. GOVERNING LAW/VENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. 45. SEVERABILITY. The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 46. END OF AGREEMENT. This is the end of the agreement. Page 50 of 50 2020 RCO GRANT AGREEMENT Packet Pg. 55 1.2 City Council Agenda Item Meeting Date: 03/10/2020 Arts Festival, Market and Urban Craft Fair Event Contracts Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History Each year the Council reviews special event contracts for the City. At this meeting we will present three of the contracts (Edmonds Arts Festival, the Market - Summer & Garden and Spring Fest by Urban Craft Uprising) the remaining four (Taste, 4th of July, Car show & Oktoberfest) will be presented for review at a later date. Staff Recommendation It is our recommendation that you review all three contracts (attached) and submit for approval on the following meetings consent agenda. Your approval will authorize the Mayor to sign the contracts. Narrative Both the Arts Festival and Market contracts are very similar to the prior years contract, with updates to the dates. Spring Fest used to be a small event but as its grown this is the first year we are requiring a contract. All three have been reviewed and approved by our internal team (police, fire, streets, public works (waste), planning, economic development) and by the City Attorney. Arts Festival contract change: The arts festival will no longer use Civic Field for parking and that clause has been eliminated from their contract. All remaining changes are not substantive (i.e. date changes, etc.) Attachments: 2020 Market Contract _FINAL.pdf 2020 Spring Fest Contract FINAL 2020 Contract EAF_FINAL.pdf Packet Pg. 56 1.2.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY Event Dates — May 2-October 10, 2020 The following is an agreement ("Agreement") between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the "Historical Society") (collectively, the "Parties"). WHEREAS, the Edmonds South County Historical Society has operated in the past a spring market and a summer market, providing a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small business persons and their products; and WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, these events promote tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: Responsibilities of the City. 1.1 Garden Market (May 2 through June 13): The City will provide use of the right of way, Bell Street between 5th and 6th Avenues for farmer/producer-based vendors each Saturday. 1.2 Summer Market (June 20 through October 10): • The City will provide use of the right of way, Bell Street between 5th and 6th Avenues and 51h Avenue between Bell and Main Streets, by the Historical Society for the "Summer Market" event, each Saturday (Exception: No Summer Market July 4 during the Fourth of July Event). • The City will allow vendor parking on the south, east and west sides of the police parking lot each Saturday (Exception: No Summer Market July 4 during the Fourth of July Event). • The City will allow food truck parking on the North and South side of the Public Safety Complex South parking lot entrance as outlined in Attachment A. Trucks must be placed in a way that allows for visibility while exiting the parking lot. The reserved space on the North end of the South parking lot entrance will not exceed 40 feet. Food trucks must distribute their goods on the sidewalk side, not the street side of the truck. • All use and configuration of tents and other temporary facilities used in the Summer Market will be inspected and reviewed prior to the event by Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open -Air Market Ordinance. Tarps, Packet Pg. 57 1.2.a tents, canopies and covers will be tested and labeled for fire resistance. Also, all participants will be required to adhere to all provisions of State and local law to insure that no lasting or permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. • The City will install Summer Market banners as provided by Historical Society at approved sites. Historical Society will obtain a Street Banner Permit and pay the required fee. • The City will place four barricades behind the Museum prior to May 2 for the duration of the Market. • The City will place rope and signage around the Holiday Tree requesting people do enter the landscaped area. • The City will install appropriate "No Parking Saturdays" signage on Bell Street by April 28, 2020 and on 5th Avenue North by June 16, 2020. 1.3 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items to strongly encourage their use. The City will provide signage for the on -site collection containers, and any additional containers, if needed. 1.4 The City will supply a key to allow the Historical Society to unlock the public restrooms adjacent to the market at 6:00 a.m. A City employee will perform routine maintenance in the restrooms mid -day. The City will maintain responsibility for locking the restrooms in the evening. City will supply a contact number for issues related to the restroom. 2. Responsibilities of the Historical Society. 2.1 Garden Market (May 2 through June 13) and Summer Market (June 20 through October 10) • Set up hours begin at 6:00 a.m. on Saturdays on 5th Avenue and 7:00 a.m. on Saturdays on Bell Street. • During the Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking will not be allowed in this area. Violators may be towed at their own expense. • For the Garden Market and Summer Market, parking restrictions will be posted indicating violators will be towed. The Police Department will attempt to notify owners. If not located by 6:30 a.m., the police will proceed to have violating vehicles towed. • For the Garden Market, street barricades are in place at 6:30 a.m. and Summer Market, street barricades are in place at 6:00 a.m. on Saturday and removed by 5:00 p.m. The Historical Society will ensure that Sound Disposal will have adequate access to the alley next to the Packet Pg. 58 1.2.a Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue from Main Street and access the alley by 8:00 a.m. at the latest. • The Historical Society will obtain necessary Street Use Permits for the Summer Market. 2.2 The Historical Society will provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. The City will be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured will be attached to the Certificate of Insurance. The insurance policy will contain a clause stating that coverage will apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City will be named as an insured on the Historical Society's General Liability insurance policy. The insurance policy will contain, or be endorsed to provide that the Historical Society's insurance coverage will be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City will be in excess of the Historical Society's insurance and will not contribute to it. The Historical Society will provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A: VII. 2.3 The Historical Society agrees that the Garden Market and Summer Market are public events. The Historical Society further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society will permit citizens attending events open to the general public at a City -Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. 2.4 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will strongly encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Historical Society will place clearly marked recycling containers throughout the Garden Market and Summer Market event areas for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Historical Society will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.6 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of noncompostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at the Garden Market and Summer Market events will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. The Historical Society will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color - coded collection containers. The Historical Society will ensure that on -site collection containers are serviced properly and continually during the Garden Market and Summer Market events. The Packet Pg. 59 1.2.a Historical Society representative will meet with the City's Recycling Coordinator or representative prior to April 29, 2020, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.7 The Historical Society will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Historical Society's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Historical Society of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.8 Neither the Historical Society nor any of its officers, agents, or employees will discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.9 In addition, the Parties acknowledge that pursuant to Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Garden Market or Summer Market events or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the events described in this Agreement. 2.10 Historical Society agrees to the following Market days: Garden Market: Saturdays, May 2 through June 13, 2020 Summer Market: Saturdays, June 20 through October 10, 2020 (No Market July 4 during the Fourth of July Event). Historical Society agrees to the following Market hours of operation: Garden Market open: 9:00 a.m.-2:00 p.m. Set up: 7:00 a.m.-9:00 a.m. Takedown: 2:00 p.m.-3:30 p.m. Summer Market open: 9:00 a.m.-3:00 p.m. Set up: 6:00 a.m.-9:00 a.m. (6:00 a.m. start on 5th Avenue; 7:00 a.m. start on Bell Street) Takedown: 3:00 p.m.-4:30 p.m. 2.11 The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Historical Society or the participants in these events. Packet Pg. 60 1.2.a 2.12 Historical Society will provide fire watch for all times in and around the booths and displays open to the general public as part of these events. 2.13 Historical Society will provide a portable sani-can at 537 Bell Street. 2.14 Historical Society will commit to being good stewards of the Veterans Plaza to include but not limited to monitoring and removal of garbage from the two (2) garbage cans located in Veteran's Plaza two (2) times per event and monitoring and prompt cleanup of any and all spills. 2.15 Individual vendors are responsible for packing out all of their own garbage. Historical Society may deposit up to sixteen (16) thirty-three (33) gallon bags of garbage generated in their area in the dumpster located in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.16 Historical Society will arrange for and pay for a recycling container(s) from Sound Disposal. Container(s) will be stored and serviced in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.17 Upon the completion of the events, Historical Society will make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement to include but not limited to removal of any grease stains as a result of the events. 2.18 Historical Society will pay the City all permit fees, in accordance with provisions of open air market, Ordinance #3015, for the above -mentioned facilities use and services at least ten (10) days prior to the events. 2.19 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.20 No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Historical Society. It is not allowed to fasten anything to the buildings, structures or trees, doing so may result in damage cost recovery and/or fine. 3. Miscellaneous. 3.1 Entire Agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due Packet Pg. 61 1.2.a to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Historical Society will be deemed to be the same of the City for any purpose. The Historical Society alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of CITY OF EDMONDS: Mike Nelson, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Attachment A. 2020. EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: By: Its: _ Date: Packet Pg. 62 1.2.a t rS f+ vj 3 CL rOj Alk m - CL 0 � a y 5l5 � `•�- �. 519 523 IR v V , 2'1 A 1 21 m! ro 533 y � N Z 4 0 543 530 ^, Rf a 7 s3o rti a a 542 r 555r 560 6TH AVE N 601 ti Q 7 Packet Pg. 63 1.2.b EVENT AGREEMENT CITY OF EDMONDS AND URBAN CRAFT UPRISING Event Date — May 9, 2020 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the URBAN CRAFT UPRISING (hereinafter referred to as the "UCU") (collectively, the "Parties"). WHEREAS, the UCU has conducted a public event known as "Edmonds Spring Fest" (hereinafter referred to as the "Event") in 2018 and 2019 and proposes to do so again in 2020; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for good clean fun to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the UCU and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain UCU oblillations included). 1.1 The City will provide use of the Frances Anderson Center Playfield ("Playfield") and 8t' Avenue between Main Street and Dayton Street (depicted on the Site Map in Exhibit A) (collectively referred to as the "City -Provided Site") so as to allow for the following: 1.1.1 The Event setup will begin on Friday, May 8, 2020 at 4:00 p.m.; barricades to be in place by Friday, May 8, 2020 at 4:00 p.m. 1.1.2 The Event will run from 10:00 a.m. to 5:00 p.m. on Saturday, May 9, 2020. 1.1.3 The Playfield will be used for the craft and food booths. The section of 8ffi Avenue depicted in Exhibit A will be utilized as an area for food trucks. 1.2 All surfaces listed will remain available to the UCU for Event purposes until Saturday May 9, 2020 at 10:00 p.m. Final cleanup will take place as set forth in paragraph 2.14, below. 1.3 The City may sprinkle the field prior to the event to reduce dust. The Playfield irrigation system will be turned off by 8:00 a.m. on Friday, May 8, 2020. The UCU agrees to cover the infield dirt. 1.4 The City will provide up to ten (10) picnic tables, to be delivered to the Playfield. The UCU will provide crew members to assist with the moving and placement of the picnic tables. The UCU will be responsible for providing compost, recycle and garbage collection and removal of all trash. Packet Pg. 64 1.2.b 1.5 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine the facilities in use comply with the provisions of State and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.6 Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., May 9, 2020, as the Parties will agree, and note all potential problems. Prior to the opening of the Event, the UCU will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.7 Alcohol will not be served at the Event. 1.8 The City will provide safety barriers at the following two (2) locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 (see Traffic Control Plan in Exhibit B): 1.8.1 8th Avenue at Main Street, to close 8th Avenue 1.8.2 8th Avenue at Dayton Street, to close 8th Avenue 1.9 The UCU will obtain a street closure permit as a part of its obligations under paragraph 2.10, below. 1.10 The UCU will work with the City to identify ADA parking stalls. The City will provide official handicapped parking signs. One load/unload space each will be marked on Dayton and Main Street. 1.11 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.12 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or his designee. Police staffing levels and fees to be paid to the City, if any, will be mutually determined by the Chief of Police, or his designee, and the UCU. 1.13 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. 1.14 The UCU must supply power as needed. A UCU representative and a City Public Works representative will meet prior to April 15, 2020, to draw up an exterior electrical plan. The UCU is responsible for notifying PUD of hookups and scheduling inspection of temporary panels (including any necessary permits). The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the UCU). The Packet Pg. 65 1.2.b UCU is not authorized to fasten anything to the buildings, structures or trees. Doing so may result in damage cost recovery and/or fine. 1.15 The UCU must have temporary panels and power poles if applicable, removed by 12:00 noon on May 11, 2020. 2. Responsibilities of the UCU. 2.1 The UCU will operate the Event. Neither the UCU nor any of its officers, agents or employees will discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.2 The Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances, and in outdoor areas where public employees of the City and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The UCU warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.3 The UCU agrees that the Event is a public event. The UCU further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, and gardens, are traditional public forums. As a result, the UCU will permit citizens attending events open to the general public during the Event to exercise therein their protected constitutional right to free speech without interference on City property. 2.4 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the UCU will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles from Event participants, and arrange for recycling services. 2.5 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The UCU will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.6 Pursuant to the City's Resolution 1412, which prohibits the use of plastic straws, stirrers and cutlery at public events requiring a contract with the City beginning in 2019, food vendors at the Event will provide only certifiable compostable straws, stirrers and cutlery to Event participants. Pursuant to the City's Resolution 1357, the goal of which is to promote the use of certifiable compostable food service wares and packaging, food vendors at the Event are strongly encouraged to provide other certifiable compostable food service wares to package and present food to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable, can continue to be acceptable for vendor use. When certifiable compostable food service wares and Packet Pg. 66 1.2.b packaging are used, and recyclable containers are offered, Event organizers will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. Event organizers will ensure that on - site collection containers are serviced properly and continually during the Event. A UCU representative will meet with the City's Recycling Coordinator or representative prior to April 15, 2020, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.7 The UCU may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.8 The UCU will be responsible for restoring the premises to its original condition. A UCU representative will meet with a member of the City's Parks and Recreation Department on the afternoon of May 8, 2020 to inspect the facility to document the "original" condition of the Playfield. Following the Event the Parks and Recreation Department will inspect the field, document and communicate with the UCU if any damage is located. 2.9 The UCU will provide sufficient portable sani-cans and wash stations. 2.10 The UCU will be responsible for all required city and state permits. The UCU will submit all required application(s) and fees(s) for Special Event and Right of Way Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. 2.11 The UCU will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.12 The Parks Director will provide a temporary exemption to the No Dogs on playfields ordinance and allow dogs to be on leash at the Event. The UCU will ensure dogs do not enter the playground area and will ensure all dog waste is removed from the site. Police will be notified of any aggressive dog behavior. The Parks Director retains the right to suspend this temporary exemption at any time. 2.13 Garbage service will be contracted and paid for by the UCU. 2.14 The UCU will be responsible for clean-up of the Playfield no later than 12:00 noon, Sunday, May 10, 2020, as follows: 1) Restore all areas to their original condition. 2) Pick up all trash and remove all items and equipment related to the Event. 3) Pick up and remove all garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event. Packet Pg. 67 1.2.b 2.15 A final inspection of the Event area will be conducted by the City Parks Maintenance Division to determine if all areas are clean and returned to their original condition. 2.16 The UCU will submit a cleaning/damage deposit of $500.00 to the City prior to Wednesday, April 15, 2020. The deposit will be refunded to the UCU if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.17 The UCU will pay the City Three Hundred Seventy -Five Dollars ($375.00) for the above -mentioned facility use prior to Wednesday, April 15, 2020. 2.18 The UCU will provide a fire watch for all times the Event is open to the general public. The Fire Marshall or representative will inspect the Playfield with the UCU designated representative prior to the Event opening to the public, and any potential problems will be noted and reported to the City prior to the Fire Marshall's briefing. At 9:00 AM on May 9, 2020, the Fire Marshal will brief designated representatives of the UCU of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Frances Anderson Center, as well as inspect for any electrical and fire safety hazards. The UCU and appointed representatives will be the responsible individuals for performing fire prevention and fire watch activities. 2.19 The UCU will insure that: 1) Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload, with adjacent streets used for parking during the Event. The UCU will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 3) Tents are held down with sandbags and not stakes. 2.20 The UCU will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the UCU's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the UCU of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.21 The UCU will provide a Certificate of Insurance evidencing insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $3,000,000 aggregate for personal injury, bodily injury and property Packet Pg. 68 1.2.b damage. The City will be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured will be attached to the Certificate of Insurance. The insurance policy will contain a clause stating that coverage will apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City will be named as an insured on the UCU's General Liability insurance policy. The insurance policy will contain, or be endorsed to contain that the UCU's insurance coverage will be primary insurance. Any insurance, or insurance pool coverage, maintained by the City will be in excess of the UCU's insurance and will not contribute to it. The UCU will provide a certificate of insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. 2.22 The UCU agrees to the following general open hours for the Event: Saturday, May 9, 2020 10:00 a.m. — 5:00 p.m. 2.23 The UCU will provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the UCU or the participants in the Event. 2.25 The UCU is responsible for contracting with appropriate vendors for power. Further, the UCU will arrange for a walk-through with the City Electrician to obtain approval for the accommodation of power and electricity needs. 2.26 All requests for additional services and concerns of the Event will be directed by the UCU to the City's designated representative, Parks Deputy Director, who may be contacted at 425-771-0230. 3. Miscellaneous 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. Packet Pg. 69 1.2.b 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the UCU will be deemed to be the same of the City for any purpose. The UCU alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this day of 12020. CITY OF EDMONDS: URBAN CRAFT UPRISING: Mike Nelson, Mayor ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Its: Packet Pg. 70 1.2.b EXHIBIT A: SITE MAP u L r 0 U c m W L LL Y L U r Y L C� G > d LL L a J a z r u L 0 U N N LL aI C �L CL v/ 0 N O N C 0 E t V R a+ a+ Q Packet Pg. 71 1.2.b EXHIBIT B: TRAFFIC CONTROL PLAN EE)MONDS ST z z � LU � d BELL ST a� © © © MAIN S water Barricades and Barricad eSigns provid ed by PubIicWorks. Closed to all tra- `ic, Srroabia Fr2neb AI!ri9 r6or. uWary ArrWrBor CaDID rFsid Conti, Water Barricades and Barricad e5igns 0 0 0AYTON a providedbyPub1icWorks.Lma-1AccessDnfy U) LrJ Q M co - i"PLE ST W ALDER ST WALNUT ST Road Closure @arrir:ade Re se nre d for A CAA 0 Parki%Sips FGDd Tru dcs West side on by J a z r u L O U fn N LL aI C �L U) 0 N O N C d E t v R r a Packet Pg. 72 1.2.c `/)o. 1 89\1) CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT IXVAoleo W.Tei 70I0MuIBiel N CITY OF EDMONDS, WASHINGTON AND EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED Event Dates — June 10 — 23, 2020 MIKE NELSON MAYOR The following is an agreement ("Agreement") between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "Festival Association") (collectively, the "Parties"). WHEREAS, the Festival Association has for many years sponsored a public event known as the Edmonds Arts Festival, which provides educational and artistic benefits to the citizens of Edmonds; and WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds' artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival Association by the City are more than adequately recompensed by the compensation provided by the Festival Association and from the public benefits received by the citizens of the City; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Festival Association obligations included). 1.1 The City will provide the following spaces at the Frances Anderson Center to the Festival Association: June 10 " at 10:00 pm to June 23rd at 5:00 pm Rooms 114, 115, 123, 206, 207, 208, 209 (parallel bars will not be taken down), 210A & 302 for nonpublic use. June 10' at 10:00 pm to June 22"d at midnight Gym June 11 " at 11:30 am to June 23rd at 5:00 pm Room 112 June 17" at 7:00 am to June 22"d at midnight • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 73 1.2.c Playfield and amphitheater June 16" at 9:00 am to June 22"d at midnight Courtyard The Frances Anderson Center playfield ("Playfield") will be used for Artwork Booths. The City may sprinkle the Playfield prior to the Festival to reduce dust. The Playfield irrigation system will be turned off by 8:00 am on June 16t', 2020. The Festival Association agrees to cover the infield dirt only. The courtyard area (West of the outdoor stage) may be used for a food concession area. The City will provide up to fifteen (15) picnic tables at the concession area and up to fifteen (15) garbage cans around the outside area. The Festival Association will also provide crew members to assist with the moving and placement of picnic tables and garbage cans. The Festival Association will be responsible for providing a dumpster for trash and grease traps for waste water disposal. The Festival Association will provide the City with a list of supplies (trash can liners, paper towels, etc.) which the City will order. The Festival Association will pay the invoices for all supplies in a timely fashion. Under no circumstances will the Festival Association have access to Rooms 210 and 211. 1.2 The City will provide the following spaces at the Edmonds Library Plaza to the Festival Association to be used for special functions: June 11' at 8:30am to June 22°d at midnight. Plaza Room June 16" at 8:30am to June 22nd at midnight. Plaza Patio 1.3 All of the rooms identified herein will be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that will be located therein. The City will make its best efforts to limit foot traffic not related to the Festival Association. 1.4 The City will check out two (2) sets of the required keys plus three (3) additional room keys to the Festival Association President, or designee, who will be responsible for security of all Festival Association displays and supplies. 1.5 The City grants the Festival Association permission to cover the vending machines from June 17' at noon until June 21 st, 2020. 1.6 The City will grant the Festival Association, on June 17t", exclusive control of the hallways serving the rooms it is allowed to use for that evening starting at 5:00 pm. During this time, the Festival Association will hold the Gallery Opening from 5:30 pm to midnight. The Fire Marshall will do an inspection of the tented area(s) prior to the start of the party for life safety issues. Alcohol may be served at the Opening, so long as the Festival Association obtains all required state licenses and approvals to serve alcohol. These will be furnished to the City at least one week in advance. The City will provide ample trash cans for the evening of June 17t", 2020. Clean up will be the responsibility of the Festival Association. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 74 1.7 Eighth Avenue will be closed between Main Street and Dayton Street for an additional food concession area and eating tables from June 18' at 8:OOam until June 22" d at noon. The City will provide and install safety barriers at both ends of the closed street. The Festival Association will obtain a street closure permit as a part of its obligations under paragraph 2.10. The Festival Association will ensure that these safety barriers are kept in place and filled with water for the duration of the event. 1.8 Except as provided below, the City grants the Festival Association the exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 17' until through June 22°d, 2020, provided, however, that the Festival Association will provide nine parking permits and marked stalls for Library staff/patrons, which include three handicapped parking stalls. The Dayton Street book drop and the Library receiving area must remain open at all times. The City will provide official handicapped parking signs. One load/unload space each will be marked on Dayton and Main Street, and up to two (2) spaces on 8th Avenue. 1.9 The City will install Edmonds Arts Festival street banners at all approved sites. The Festival Foundation will provide a site map where these are to be installed. 1.10 The City will provide (one) 200-amp panel of electrical service for (the festival); the Festival Association must supply any additional power. A Festival Association representative and a City Public Works representative will meet prior to June 11', 2020, to draw up an interior and exterior electrical plan. The Festival Association is responsible for notifying the PUD of hookups and scheduling inspection of temporary panels (including any necessary permits). The City will provide the City Electrician on an "on Call" basis, and is subject to reimbursement from the Festival Association for time and materials, minimum 4- hour Overtime Callback. The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Festival Association). (It is not allowed to fasten anything to the buildings, structures or trees, doing so may result in damage cost recovery and/or fine). 1.11 The Festival Association must have temporary panels and power poles removed by noon on June 24th, 2020. 1.12 The City will supply a list of acceptable compostable and recyclable foodware items and of suppliers for the compostable items. The City will provide signage for the on -site collection containers, and any additional containers, if needed. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and will not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, the Parties acknowledge that, pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 75 1.2.c obligations created by the smoking ban. The Festival Association warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association will permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. 2.4 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Festival Association will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.5 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single - use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Festival Association will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.6 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of noncompostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The Festival Association will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Festival Association will ensure that on -site collection containers are serviced properly and continually during the event. A Festival Association representative will meet with the City's Recycling Coordinator or representative prior to June 3', 2020, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.7 Displays and artworks will not be hung from conduits or sprinkler pipes. Exits and exit signage will not be obstructed except with specific approval of the Fire Marshall or his designee. Nothing will be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association will be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes will be used on grassy areas of the Plaza. A Festival Association representative will meet with a member of the City's Parks and Recreation Department prior to June 11', 2020 and on June 22nd, 2020 to inspect the facility to document the "original" and post event condition of the Anderson Center, the Plaza Rooms, and outside areas. 2.8 The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from June 17' at 5:00 pm until June 22" d, 2020. The Festival Association will meet with the City's Lead Custodian to review cleaning expectations prior to event. In the event of a call -out during • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 76 1.2.c the event, the Festival Association will reimburse the City for time and materials, at a minimum rate of 4-hour Overtime Callback. 2.9 The Festival Association will provide manpower to assist with the tear -down of Room 207, date and time TBA prior to June 1 lth, 2020. Also, City clients will have access to the weight room (200A) for drop -in use up until 1:00 p.m., Wednesday, June 17th, 2020, and starting again at 8:30 a.m., Tuesday, June 23rd, 2020. The clients will use the alternate Main Street entrance (no access through the gym). The City will secure the hallway between the gymnasium and the weight room by 12:00 noon, Friday, June 12th. The hallway must be opened by 2:00 p.m., June 17' and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.10 Permits: The Festival Association will be responsible for all required city and state permits. The Festival Association will submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the state. 2.11 The City of Edmonds will post "NO DOGS" signs on the Edmonds Arts Festival grounds and the Playfield. The Festival Association will notify vendors of this rule as part of their registration instructions, and also inform vendors that this rule will be enforced. This provision will not apply to service animals. 2.12 Clean -Up: The Festival Association will be responsible for clean-up of the festival grounds and indoor spaces as follows: 1) Restore all areas to their original condition. 2) Pick up all trash and remove all items and equipment related to the Edmonds Arts Festival by 5:00 pm, June 231, 2020 (including grounds and buildings). 3) Plaza room carpet will be professionally cleaned so that it is dry and ready for use by 8:30 am on Tuesday, June 23rd, 2020. 4) Carpet/rugs, hard floor surfaces, and stairs will be professionally cleaned, and otherwise restored to their original condition (with the exception of the gym) no later than June 24' at noon. 5) Restroom facilities will be professionally cleaned and ready for public use no later than June 22" d at noon. 6) Power wash cleaning of the following: a. All paved food concession areas; b. Edmonds Library Plaza patio; and c. All pedestrian walkways/steps around amphitheater, Frances Anderson Center, and Library Plaza area. 7) Wash east -facing windows on the first and second floor of the Frances Anderson Center by 4:OOpm on June 23rd, 2020. (Care must be taken particularly with the Daycare windows below ground level, which have exhaust fans that are not able to be sealed). • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 77 1.2.c 8) Install drain guards on all affected storm drains prior to the beginning of the Festival, and for removing them after clean-up is complete. Drain guards will be provided by the City. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. 9) Disposal of waste water will be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. 2.13 Fire Watch: The Festival Association will provide a fire watch for all times the buildings and displays are open to the general public. The Fire Marshall or representative will inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 11', 2020 and any potential problems will be noted and reported to the City prior to Fire Marshall's briefing. At 9:00am on June 19', 2020 Fire Marshal will brief designated representatives of the Festival Association of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Anderson Center and Edmonds Plaza Room as well as inspect for any electrical and fire safety hazards. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.14 The Festival Association will insure that: 1) Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Edmonds Arts Festival opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload. Food Court concessions will use the Main Street entrance for loading and unloading. The Festival Association will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 3) Precaution and measures are taken to prevent from water entering into the interior of the Frances Anderson Center buildings. 2.15 Fees: The Festival Association will pay a fee of $6,500.00 for Anderson Center, under stage storage, Plaza Room and environs to the City for the use and services of the above mentioned facilities in this Agreement no later than May 1 lth, 2020. The Festival Association will pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. 2.16 Damage Deposit: The Festival Association will submit a cleaning/damage deposit of $1,000.00 to the City no later than May 111, 2020. The deposit will be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.17 The Festival Association will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Festival Association's performance, or nonperformance, of this Agreement, except to the extent that claims, • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 78 1.2.c injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Festival Association of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.18 The Festival Association will provide a Certificate of Insurance evidencing insurance written on an occurrence basis with limits no less than $3,000,000 combined single limit per occurrence and $3,000,000 aggregate for personal injury, bodily injury and property damage. The City will be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured will be attached to the Certificate of Insurance. The insurance policy will contain a clause stating that coverage will apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The City will be named as an insured on the Festival Association's General Liability insurance policy. The insurance policy will contain, or be endorsed to contain that the Festival Association's insurance coverage will be primary insurance. Any insurance, or insurance pool coverage maintained by the City will be in excess of the Festival Association's insurance and will not contribute to it. The Festival Association will provide a certificate of insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.19 Notices. All requests for additional services and concerns of the Festival Association will be directed by the Festival Association President to the City's designated representative, Parks Deputy Director 425-771-0232. 3. Miscellaneous 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Festival Association will be deemed to be the same of the City for any purpose. The Festival Association alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 79 1.2.c DATED this day of , 2020. CITY OF EDMONDS: EDMONDS ARTS FESTIVAL ASSOCIATION: By: Mike Nelson, Mayor ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Its: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 80 1.3 City Council Agenda Item Meeting Date: 03/10/2020 Presentation of Professional Services Agreement with The Blueline Group for Capital Projects Construction Management, Engineering and Inspection Services Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward this item to the March 17th consent agenda for City Council approval. Narrative The City issued a Request for Qualifications (RFQ) in December 2019 to hire two consulting firms to support City staff with construction management, engineering and inspection services for various City funded capital projects that are scheduled to begin construction in 2020 and 2021. The City received statements of qualifications from six engineering firms and the selection committee chose Blueline and Murraysmith to provide services during construction based on their qualifications, experience and approach. The City has negotiated a consultant fee for the Blueline scope to be $297,600. This agreement will allow Blueline to provide services for the Phase 10 Waterline Replacement Project and Phase 7 Sewerline Replacement Project for which there is not enough staff to be able to inspect and administer these contracts. If services are required in 2021 a separate scope and fee will be drafted in 2021. This contract will be funded by each respective project's utility fund. Attachments: Professional Services Agreement with The Blueline Group Packet Pg. 81 1.3.a CITY OF EDMONDS MIKE NELSON iJ J MAYOR 700 Main Street • EDMONDS, WA 98020 425-771-0320 FAX 425-771-0253 Website: www.edmondswa.gov PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City", and The Blueline Group, LLC hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide Capital Project Construction Management, Engineering and Inspection Services; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the Fee Schedule that is marked as Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of TWO HUNDRED AND NINETY SEVEN THOUSAND AND SIX HUNDRED DOLLARS $297,600. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 1 Packet Pg. 82 1.3.a 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Pg. 83 1.3.a Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. Packet Pg. 84 1.3.a 11. Integration. The Agreement between the parties shall consist of this document, it's Appendices 1 & 2, the Scope of Work attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exhibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or Exhibit B, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that s/he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that s/he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Beause this Agreement is subject to federal nondiscrimination laws, the Consultant agrees that the provisions of Appendix 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. Packet Pg. 85 1.3.a The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: The Blueline Group 25 Central Way, Suite 400 Kirkland, WA 98033 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 2020. CITY OF EDMONDS THE BLUELINE GROUP By Michael Nelson, Mayor Its ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 86 1.3.a STATE OF ) )ss COUNTY OF ) On this day of 2020, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 87 1.3.a APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. Packet Pg. 88 1.3.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and proejcts); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilties Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898 , Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Profcency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Packet Pg. 89 1.3.a Exhibit 'A' to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2020 Projects, dated March 2, 2020 Task 001 - CONSTRUCTION INSPECTION SERVICES Fee: Time and Expense (Estimated $212,900) Blueline will provide as -needed inspection services at the City's request during the 2020 construction season, and will coordinate construction management activities with the City. Services under this task are anticipated to include: 1. Review plans/specifications and visit the site. 2. Review materials delivered to the site to review compliance with City approved submittals. 3. Provide inspection for all aspects of the construction activity to review Contractor compliance with the contract plans and specifications. 4. Coordinate compaction and materials testing with the testing agency selected by the City under a separate contract. 5. Coordinate all testing with the City and Contractor for the projects. 6. Coordinate final connections with the City and Contractor for water main projects. 7. Record and report the progress of the construction operations to the City throughout the duration of the contract. 8. Furnish the City with verification of all quantities of materials. 9. Provide final project inspection including punchlists. 10. Provide as -built redlines to supplement the Contractor's redlines. 11. Monitor the Contractor's traffic control operations to review compliance with City approved Traffic Control Plan. 12. Be responsive to requests from citizens and businesses. Deliverables (to be submitted weekly during construction): • Inspector's Daily Reports. • Records of Force Account Work. • Weekly Tabulation of Quantities Placed (with all truck tickets attached). • Construction Progress Photos. It is anticipated that the City will: • Provide purity testing (with coordination provided by Inspector). • Review submittals and project schedules. Assumptions: • Projects include the Phase 10 Waterline Replacement (1 10 working days) and the Phase 7 Sewer Replacement (first half of 130 working days) projects. • The Contractor will provide construction staking for the projects. • The City or Design Engineering Firm will prepare as -built drawings based on the as -built redlines. • Mileage associated with onsite construction inspection has been included in this task. • If additional construction administration or project management is requested beyond the scope of Tasks 002 and 003, it will be billed under this task. Packet Pg. 90 1.3.a Exhibit 'A' to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2020 Projects, dated March 2, 2020 Task 002 - CONSTRUCT/ONADM/N/STRA T/ON SERVICES Fee: Time and Expense (Estimated $44,100) Blueline will provide construction administration services for this project during the construction period. Services under this task are anticipated to include any of the following items as budget allows and as requested by each City Project Manager: 1. Review plans and specifications and visit the site prior to the Pre -Construction Conference. 2. Attend Pre -Construction Conference. 3. Send out minutes from Pre -Construction Conference. 4. Review and approve Contractor progress schedules. 5. Review and approve contract pay estimates, and prepare pay requests for the City approval. 6. Prepare change orders, as needed. 7. Prepare and submit weekly reports (Statement of Working Days and Project Progress Chart). 8. Log affidavits/intents/certified payroll. 9. Provide project filing. 10. Provide RFI log. 11. Coordinate changes to drawings or specifications as necessary to respond to field conditions (As needed - coordinating with the City Project Manager). 12. Monitor construction to determine contractor compliance and prepare associated documentation. 13. General consultation and coordination on an as -needed basis to address construction questions. 14. Assist with preparing punch lists and final inspection. 15. Prepare recommendation of project acceptance. 16. Attend and conduct construction meetings as required. Provide meeting minutes to attendees. We assume at this point that a construction meeting will be held approximately weekly. 17. Additional construction inspection services and project management, as needed. Assumptions: • Projects include the Phase 10 Waterline Replacement (1 10 working days) and the Phase 7 Sewer Replacement (first half of 130 working days) projects. • The City or Design Engineering Firm will prepare as -built drawings based on the as -built redlines. The City will be reviewing submittals and maintaining the submittal log. Mileage associated with construction administration has been included in this task. • If additional inspection time or project management is requested beyond the scope of Tasks 001 and 003, it will be billed under this task. Packet Pg. 91 1.3.a Exhibit 'A' to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2020 Projects, dated March 2, 2020 Task 003 - PROJECT MA NAGEMENT Fee: Time and Expense (Estimated $20,600) This task is for general coordination and meetings on the project, including: 1. Management of all tasks and staff for construction inspection services. 2. Communication with the City of Edmonds regarding the construction. 3. Budget tracking and providing weekly updates to the City. 4. Preparation of consultant monthly invoices for work performed during the previous month, including any pertinent backup materials. Assumptions: • Projects include the Phase 10 Waterline Replacement (1 10 working days) and the Phase 7 Sewer Replacement (first half of 130 working days) projects. • If additional inspection time is requested beyond the scope of Tasks 001 or 002, it may be billed under this task. Task 004 - MA NA GEMEN T RESERVE Fee: Time and Expense (Estimated $20,000) This task provides for unanticipated construction services deemed to be necessary during the course of the project. The Management Reserve task shall only be used after obtaining written authorization from the City. GENERAL ASSUMPT/ONSAND NOTES 1. Scope and fees outlined above are based on the following information (any changes to these documents may result in changes to the fees): a. Correspondence between the Blueline Group and the City of Edmonds prior to the signing of the contract. 2. The client shall provide The Blueline Group with approved plans, contract documents, and any necessary inspection forms. 3. The fees stated above do not include reimbursable expenses such as large format copies (larger than letter/legal size), and plots. These items will be billed under a separate task called Expenses. 4. Compaction and materials testing will be billed directly to the City by the testing agency. 5. Time and expense items are based on The Blueline Group's current hourly rates. 6. Night/weekend work is not anticipated and therefore not included. A separate fee proposal can be provided if overnight/weekend work is determined necessary. Night/weekend inspection is billed at 150% of the daytime billing rate. 7. Night-time work will be performed as full-time inspections only (8 hrs/shift minimum). Packet Pg. 92 1.3.a Job Number: 19-400 Date: March 2, 2020 Exhibit `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2020 Projects dated March 2, 2020 City of Edmonds 2020 Construction Services Prepared By: Deanna Martin, PE Checked By: Rob Dahn, PE Principal / Sr PM Construction Administrator Construction Inspector Task # Task $210/hr $165/hr $126/hr Total Mileage Total Hours Total Cost Rounded Cost Hours Hours Hours 001 Construction Inspection Services 0 $ 0 $ - 1668 $ 210,168 2,779 1,668 $ 212,947 $ 212,900 002 Construction Administration Services 0 $ 264 $ 43,560 0 1 $ - 512 264 $ 44,072 $ 44,100 003 Project Management 98 $ 20,580 0 $ - 0 $ - 0 98 $ 20,580 $ 20,600 004 Management Reserve $ 20,000 $ 20,000 Total 98 $ 20,580 264 $ 43,560T 1,668 $ 210,168 $ 3,291 2,030 $ 297,599 Total Cost (Rounded) $ 297,600 The Blueline Group Packet Pg. 93 1.3.a Exhibit `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2020 Projects dated March 2, 2020 City of Edmonds 2020 Construction Services Construction Inspection Services 001A Principal / Sr PM Construction Administrator Construction Inspector Phase 10 Water Project TOTAL Item # Description $210/hr $165/hr $126/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 40.0 $ 5,040 40.0 $ 5,040 2 Full Time Field (22 wk @ 44 hrs/wk) 0.0 $ 0.0 $ 968.0 $ 121,968 968.0 $ 121,968 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 40.0 $ 5,040 40.0 $ 5,040 4 Mileage (24 wks x 125 mi/wk @ $0.585/mi) $ 1,755 Total 10.0 $ 1 0.0 $ 1 1048.0 $ 132,048 1 1048.01 $ 133,803 *Assumes 110 working days Construction Inspection Services 001B Principal / Sr PM Construction Administrator Construction Inspector Phase 7 Sewer Project TOTAL Item # Description $210/hr $165/hr $126/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 40.0 $ 5,040 40.0 $ 5,040 2 Full-time Field (13 wks x 44 hrs/wk)* 0.0 $ 0.0 $ 572.0 $ 72,072 572.0 $ 72,072 3 As -built Redlines 0.0 $ 0.0 $ 8.0 $ 1,008 8.0 $ 1,008 4 Mileage (14 wks x 125 mi/wk @ $0.585/mi) 1 $ 1,024 Total 10.0 $ 1 0.0 $ 1 620.01 $ 78,120 1 620.0 $ 79,144 *Assumes first half of 130 total working days Construction Administration Services 002A Principal / Sr PM Construction Administrator Construction Inspector Phase 10 Water Project TOTAL Item # Description $210/hr $165/hr $126/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 8.0 $ 1,320 0.0 $ 8.0 $ 1,320 2 Weekly Admin Tasks (22 wks x 1 hr/wk) 0.0 $ 22.0 $ 3,630 0.0 $ 22.0 $ 3,630 3 Weekly Progress Meeting and Minutes 0.0 $ 66.0 $ 10,890 0.0 $ 66.0 $ 10,890 4 Pay Estimates & Change Orders (6 mo x 12 hrs/mo) 0.0 $ 72.0 $ 11,880 0.0 $ 72.0 $ 11,880 5 Mileage (22 meetings x 25 mi @ $0.585/mi) $ 322 Total 1 0.0 $ 1 168.0 $ 27,720 1 0.0 $ 168.0 $ 28,042 *Assumes 110 total working days Packet Pg. 94 1.3.a Exhibit `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2020 Projects dated March 2, 2020 Construction Administration Services 002B Principal / Sr PM Construction Administrator Construction Inspector Phase 7 Sewer Project TOTAL Item # Description $210/hr $165/hr $126/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 8.0 $ 1,320 0.0 $ 8.0 $ 1,320 2 Weekly Admin Tasks (13 wks x 1 hr/wk) 0.0 $ 13.0 $ 2,145 0.0 $ 13.0 $ 2,145 3 Weekly Progress Meeting and Minutes 0.0 $ 39.0 $ 6,435 0.0 $ 39.0 $ 6,435 4 Pay Estimates & Change Orders (3 mo x 12 hrs/mo) 0.0 $ 36.0 $ 5,940 0.0 $ 36.0 $ 5,940 I 5 Mileage (13 wks x 25 mi/wk @ $0.585/mi) $ 190 Total 1 0.0 $ 1 96.0 $ 15,8401 0.0 $ i 96.0 $ 16,030 *Assumes first half of 130 total working days Project Management 003A Principal / Sr PM Construction Administrator Construction Inspector Phase 10 Water Project Item # Description $210/hr $165/hr $126/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 4.0 $ 840 0.0 $ 0.0 $ 4.0 $ 840 2 Review IDRs/documentation 22.0 $ 4,620 0.0 $ 0.0 $ 22.0 $ 4,620 3 Budget Tracking&Invoicing 22.0 $ 4,620 0.0 $ 0.0 $ 22.0 $ 4,620 4 Coordination with Staff and City as needed 12.0 $ 2,520 0.0 $ 0.0 $ 12.0 $ 2,520 Total 60.0 $ 12,600 0.0 $ 0.0 $ 60.0 $ 12,600 *Assumes 110 total working days Project Management 003B Principal / Sr PM Construction Administrator Construction Inspector Phase 7 Sewer Project Item # Description $210/hr $165/hr $126/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 4.0 $ 840 0.0 $ 0.0 $ 4.0 $ 840 2 Review IDRs/documentation (13 wks x 1 hr/wk) 13.0 $ 2,730 0.0 $ 0.0 $ 13.0 $ 2,730 3 Budget Tracking & Invoicing (13 wks x 1 hr/wk) 13.0 $ 2,730 0.0 $ 0.0 $ 13.0 $ 2,730 4 Coordination with Staff and City as needed 8.0 $ 1,680 0.0 $ 0.0 $ 8.0 $ 1,680 Total 1 38.0 $ 7,980 1 0.0 $ 1 0.0 $ 1 38.0 $ 7,980 *Assumes first half of 130 total working days 004 Management Reserve Item # Description TOTAL FEE Lump Sum 1 Management Reserve $ 20,000 $ 20,000 Total I $ 20,000 $ Packet Pg. 95 1.3.a Exhibit 'B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2020 Projects dated March 2, 2020 City of Edmonds 2020 Construction Services Construction Inspection Services 001A Principal / Sr PM Construction Administrator Construction Inspector Phase 10 Water Project TOTAL Item # Description $210/hr $165/hr $126/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 40.0 $ 5,040 40.0 $ 5,040 2 Full Time Field (22 wk @ 44 hrs/wk) 0.0 $ 0.0 $ 968.0 $ 121,968 968.0 $ 121,968 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 40.0 $ 5,040 40.0 $ 5,040 4 Mileage (24 wks x 125 mi/wk @ $0.585/mi) $ 1,755 Total 0.0 $ 1 0.0 $ 1 1048.01 $ 132,048 1048.0 $ 133,803 *Assumes 110 working days Construction Administration Services 002A Principal / Sr PM Construction Administrator Construction Inspector Phase 10 Water Project TOTAL Item # Description $210/hr $165/hr $126/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 8.0 $ 1,320 0.0 $ 8.0 $ 1,320 2 Weekly Admin Tasks (22 wks x 1 hr/wk) 0.0 $ 22.0 $ 3,630 0.0 $ 22.0 $ 3,630 3 Weekly Progress Meeting and Minutes 0.0 $ 66.0 $ 10,890 0.0 $ 66.0 $ 10,890 4 Pay Estimates & Change Orders (6 mo x 12 hrs/mo) 0.0 $ 72.0 $ 11,880 0.0 $ 72.0 $ 11,880 5 Mileage (22 meetings x 25 mi @ $0.585/mi) $ 322 Total 0.0 $ 1 168.01 $ 27,720 1 0.0 $ 168.0 $ 28,042 *Assumes 110 total working days Project Management 003A Principal / Sr PM Construction Administrator Construction Inspector Phase 10 Water Project Item # Description $210/hr $165/hr $126/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 4.0 $ 840 0.0 $ 0.0 $ 4.0 $ 840 2 Review IDRs/documentation 22.0 $ 4,620 0.0 $ 0.0 $ 22.0 $ 4,620 3 Budget Tracking& Invoicing 22.0 $ 4,620 0.0 $ 0.0 $ 22.0 $ 4,620 4 Icoordination with Staff and City as needed 12.01 $ 2,520 1 0.0 $ 0.0 $ 12.0 $ 2,520 Total 60.0 $ 12,600 1 0.0 $ 0.0 $ 60.0 $ 12,600 *Assumes 110 total working days Phase 10 Water Total CM Cost $ 174,500 Packet Pg. 96 1.3.a Exhibit 'B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2020 Projects dated March 2, 2020 City of Edmonds 2020 Construction Services Construction Inspection Services 001B Principal / Sr PM Construction Administrator Construction Inspector Phase 7 Sewer Project TOTAL Item # Description $210/hr $165/hr $126/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 40.0 $ 5,040 40.0 $ 5,040 2 Full-time Field (13 wks x 44 hrs/wk)* 0.0 $ 0.0 $ 572.0 $ 72,072 572.0 $ 72,072 3 As -built Redlines 0.0 $ 0.0 $ 8.0 $ 1,008 8.0 $ 1,008 4 Mileage (14 wks x 125 mi/wk @ $0.585/mi) $ 1,024 Total 0.0 $ 1 0.0 $ 1 620.01 $ 78,120 620.0 $ 79,144 *Assumes first half of 130 total working days Construction Administration Services 002B $0/hr Construction Administrator Construction Inspector Phase 7 Sewer Project TOTAL Item # Description $0/hr $0/hr $0/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 8.0 $ 1,320 0.0 $ 8.0 $ 1,320 2 Weekly Admin Tasks (13 wks x 1 hr/wk) 0.0 $ 13.0 $ 2,145 0.0 $ 13.0 $ 2,145 3 Weekly Progress Meeting and Minutes 0.0 $ 39.0 $ 6,435 0.0 $ 39.0 $ 6,435 4 Pay Estimates & Change Orders (3 mo x 12 hrs/mo) 0.0 $ 36.0 $ 5,940 0.0 $ 36.0 $ 5,940 5 Mileage (13 wks x 25 mi/wk @ $0.585/mi) $ 190 Total 0.0 $ 1 96.0 $ 15,840 1 0.0 $ 96.0 $ 16,030 *Assumes first half of 130 total working days Project Management 003B Principal / Sr PM Construction Administrator Construction Inspector Phase 7 Sewer Project Item # Description $210/hr $165/hr $126/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 4.0 $ 840 0.0 $ 0.0 $ 4.0 $ 840 2 Review DRs/documentation (13 wks x 1 hr/wk) 13.0 $ 2,730 0.0 $ 0.0 $ 13.0 $ 2,730 3 Budget Tracking & Invoicing (13 wks x 1 hr/wk) 13.0 $ 2,730 0.0 $ 0.0 $ 13.0 $ 2,730 4 lCoordination with Staff and City as needed 8.0 $ 1,680 1 0.0 $ 0.0 $ 8.0 $ 1,680 Total 38.01 $ 7,980 0.0 $ 1 0.0 $ 38.0 $ 7,980 *Assumes first half of 130 total working days I Phase 7 Sewer Total CM Cost $ 103,100 004 Management Reserve Item # Description TOTAL FEE Lump Sum 1 Management Reserve $ 20,000 $ 20,000 Total I $ 20,000 $ 20,0 Packet Pg. 97 1.4 City Council Agenda Item Meeting Date: 03/10/2020 Report on Bids for Phase 10 Waterline Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Staff will evaluate the construction bids and provide a preliminary recommendation at the Committee Meeting. Narrative This project is part of the City's program to replace and upgrade existing waterlines at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or has some other existing system deficiency. The project will replace waterline piping with associated services, meters and fire hydrants at various locations around the City. Refer to attached project map. The project costs are being funded by the 421 Utility Fund and the General Funds available for fire protection costs. On February 20 and February 27, 2020 the project was advertised for construction bids. Construction bids are due by 2:00 p.m. March 5, 2020, which may provide an opportunity to award the project at the March 17, 2020 City Council Meeting. The preliminary bid results and a possible recommendation to award will be provided at the March 10, 2020 committee meeting. Construction is expected to begin in April and be completed in the fall of 2020. Attachments: Project Map Packet Pg. 98 City of Edmonds Vicinity Map Phase 10 WL Replacement Site Locations: 1. Intersection of SR104 and 2nd AVE S (Boring under SR-104) ` (341 LF total: 255 LF 10" HDPE with 18" HDPE Casing, 86 LF 8" DIP) 2. North Swedish Campus and 76th AVE W frontage (1600 LF total 1240 — 12" DIP, 250 — 8" DIP, 110 — 6" DIP) 3. 215th SW east of 76th AVE W and 73,d PL north of 216th SW (1520 LF total 1490 — 12" DIP, 30 - 8" DIP) a"*iPKvftvi t 61, t S x 4 N h"rYS.T W d -- I u O � y { 4 Y t a e - 7}Mr11�itiW It 1 4 d �gnnlsrwy I1bIHSr tiW reuTH51 S i � 3 �• 196TH 515W t t n_i -11 1 I •, r •.y` ar�trn�r zw 3 T]GTia c1 SW z }A1111 F. '7c£ r� 244TH STIV s Packet Pg. 99 1.5 City Council Agenda Item Meeting Date: 03/10/2020 Supplemental Agreement with WHPacific, Inc. for 84th Ave Overlay Project Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History On November 19, 2019, City Council approved a Supplemental Agreement with WHPacific, Inc. for the 84th Ave Overlay Project. Staff Recommendation Forward item to the March 17th consent agenda for City Council approval. Narrative The 84th Ave Overlay project will provide a pavement overlay on 84th Ave from 220th to 212th Streets. The project will also upgrade non -compliant ADA pedestrian curb ramps, replace a failing storm line between 216th and 220th Streets and install solar -powered pedestrian -actuated beacons for an existing mid -block crosswalk adjacent to Chase Lake Elementary School. Construction started in September 2019 and the contractor has completed the new storm system and ADA pedestrian ramps. The City suspended the completion of the 2-inch grind and pavement overlay in December due to weather. The project is anticipated to resume in April or May of this year, when more warm and dry weather is expected. The duration of the project has extended due to extra work and weather days. The consultant's budget provided inspection and support services for 40 working days and more time has been needed based on the contractor's progress and the authorized extra work. The proposed fee for the Supplemental Agreement is $10,704. The fee will be paid by the project funds (grant, local match and stormwater funds). Attachments: WHPacific Supplemental Agreement Packet Pg. 100 1.5.a Aft Washington State TAP Department of Transportation Supplemental Agreement Organization and Address Number 2 WHPacific, Inc 19201 120th Ave NE, ste 201 Original Agreement Number Bothell, WA 98011 1 Phone: 425 951-4800 Project Number Execution Date Completion Date STPUL 2509(001) July 22,2019 June 30, 2020 Project Title New Maximum Amount Payable 84th Ave W overlay $ 112,990 Description of Work Provide construction management services. The Local Agency of City of Edmonds desires to supplement the agreement entered in to with WHPacific and executed on July,22,2019 and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Adds time for additional documentation, on site inspection and material testing 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Remains the same III Section V, PAYMENT, shall be amended as follows: Adds $10,704 to the contact see attachment Exhibit D-2 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. In Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 Packet Pg. 101 EXHIBIT D.2 HPacl IC CONSULTANT FEE ESTIMATE AN N1V15 COMPANY Construction Management Services Supplement #2 Client: City of Edmonds Project: 84th Avenue West Overlay LABOR Construction PM/ Project Project Principal Documentation Inspector Coordinator $65.00 $62.00 $47.00 $37.50 100 Preconstruction 0 $ $0.00 $0.00 $0.00 $0.00 200 Construction Management Administration 0 10 0 8 18 $ 920.00 $0.00 $620.00 $0.00 $300.00 300 Construction Field Services 20 20 $ 940.00 $0.00 $0.00 $940.00 $0.00 400 Materials 0 0 $ $0.00 $0.00 $0.00 $0.00 500 Project Completion 0 $ _ $0.00 $0.00 1 $0.00 $0.00 Labor Subtotal (Hours) 1 0 10 20 8 38 Labor Cost Subtotal 1 $0.00 $620.00 1 $940.00 $300.00 1 $ 1,860.00 Overhead Percentage: 181.16% x Direct Salary Cost (DSC) = $ 3,369.58 Fixed Fee Percentage: 20 00%1 x Direct Salary Cost (DSC) = $ 372.00 Labor Total = $ 5,601.58 EXPENSES: ITEM QUANTITY UNIT COST EXPENSES COST Mileage 30 $0.575 $ 17.25 HWA 1 $5,086.42 $ 5,085.42 Management Reserve $0.00 $ - TOTAL PROJECT FEE _ $ 10,704.25 1.5.a r Q P:\Edmonds, City of WA\P0023735W\500 Monitoring & Controlling\550 Contract Amdmnt Change Order\CO#2 Feb2020\CM supplement #2 2-11-2020.xlsx Packet Pg. 102 1.6 City Council Agenda Item Meeting Date: 03/10/2020 Presentation of an Agreement with Cascade Bicycle Club for the Citywide Pedestrian Crossing Enhancements Project Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward this item to the March 17th consent agenda for City Council approval. Narrative In 2016, a Safe Routes to School Grant in the amount of $1.49 Million was secured for the Citywide Pedestrian Crossing Enhancements Project. The project consists of improving pedestrian safety at nine locations throughout the City. The improvements will range from Rectangular Rapid Flashing Beacons (RRFB's), a new HAWK signal, and a new traffic signal. The project is currently at 90% Design Phase with the construction advertisement scheduled for Spring 2020. An education program was identified in the grant application (for the total amount of $20,000). The Edmonds School District and Cascade Bicycle Club have an on -going LET'S GO Bicycle and Pedestrian Safety Program for 3rd graders at elementary schools within the District (program started back in 2015). The program provides a 3-week curriculum with a focus of the necessary skills needed to prevent the most common bicycle and pedestrian errors (through in -class instruction, bike training, and bike rodeos). This program will help extend the program through December 2020. Attachments: Cascade Agreement Packet Pg. 103 1.6.a AGREEMENT BETWEEN THE CITY OF EDMONDS AND CASCADE BICYCLE CLUB CONCERNING THE 2016 SAFE ROUTES TO SCHOOL GRANT FOR THE CITYWIDE PEDESTRIAN CROSSING ENHANCEMENTS WITHIN THE EDMONDS SCHOOL DISTRICT (K-6T" GRADE SCHOOLS WITHIN EDMONDS) September 1- December 31, 2020 THIS AGREEMENT concerning the 2016 Safe Routes to Schools Grant for Citywide Pedestrian Crossing Enhancements is made and entered into by and between the City of Edmonds (hereinafter "EDMONDS"), a municipal corporation organized under the laws of the State of Washington, and Cascade Bicycle Club (hereinafter "CASCADE"), a non-profit organization. WHEREAS, EDMONDS and CASCADE applied to the Washington State Department of Transportation (WSDOT) for, and were awarded, a 2016 Safe Routes to Schools Federal grant for completing pedestrian crossing enhancements to various schools throughout the City; and WHEREAS, CASCADE and Edmonds School District have an on -going MOU (for the LET'S GO Bicycle and Pedestrian Safety PROGRAM); and WHEREAS, there is a great need to maintain the on -going education program to school children and their parents, regarding bicycle and pedestrian safety, and encourage active transportation to school; and WHEREAS, EDMONDS and CASCADE would like to implement the provisions of the Grant; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is agreed by the parties hereto as follows: I. PURPOSE The purpose of this AGREEMENT is to set forth the mutual obligations, responsibilities and rights of EDMONDS and CASCADE with respect to participation in the Grant for the implementation of the Citywide Pedestrian Crossing Enhancement project ("Project"). Funds for the Grant will be administered through the WSDOT's Highways and Local Programs (H&LP) Division on a reimbursement basis only. II. EFFECTIVE DATE AND DURATION This AGREEMENT shall become effective immediately upon execution by all parties and shall remain in effect until the obligations of the parties are discharged, or as otherwise extended, terminated or modified as set forth below. III. EDMONDS RESPONSIBILITIES EDMONDS shall be responsible for: A. Administration of the Grant in accordance with all WSDOT Highways and Local Programs reporting requirements. B. Design and construction management of the Pedestrian Crossing Enhancements project. C. Project management services for the design and construction of the Project. Packet Pg. 104 1.6.a D. Coordination of reimbursement of Project funds with WSDOT Highways and Local Programs. E. Meetings with CASCADE staff and others on an as needed basis to discuss issues and evaluate the effectiveness of the Project. IV. CASCADE RESPONSIBILITIES CASCADE shall be responsible for: A. 'Let's Go' Bicycle and Pedestrian Safety Programming for 3-5`" graders - support for nine schools B. Bicycle rodeo (one) C. Bicycle helmet education and fitting protocols (incorporated within the LG programming) D. Evaluation and Reporting E. Program Administration F. Submitting invoice documentation for reimbursement that meet the requirements of the Grant funding and WSDOT. Documentation shall include description of work performed and staffing. V. PAYMENT A. CASCADE shall invoice EDMONDS for reimbursement of funds spent on those items listed under Section IV of this AGREEMENT. The invoices shall be submitted within forty five (45) days of expenditure. Reimbursement payments to CASCADE shall be made by EDMONDS upon approval of CASCADE's invoice documentation and reimbursement by WSDOT for CASCADE's expenditures. The amount of all invoices submitted for reimbursement by CASCADE shall not exceed twenty thousand dollars ($20,000). B. EDMONDS shall invoice WSDOT Highways and Local Programs for reimbursement funds spent on those items listed under Section III and Section IV of this AGREEMENT. The total amount of all invoices submitted for reimbursement by EDMONDS shall not exceed one million four hundred and ninety thousand dollars ($1,490,000). VI. HOLD HARMLESS AND INDEMNIFICATION A. CASCADE shall hold harmless, indemnify and defend EDMONDS, its officers, appointed and elected officials, employees and agents from and against any and all claims, actions, suits, liabilities, losses, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of CASCADE's negligent or intentional acts, errors or omissions in the performance of this AGREEMENT and arising by reason of CASCADE's participation in this Project; PROVIDED, HOWEVER, that CASCADE's obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of EDMONDS, its officers, elected and appointed officials, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, CASCADE's obligations hereunder shall apply only to the percentage of fault attributable to CASCADE, its officers, officials, employees or agents. This promise to indemnify and hold harmless shall include claims or litigations brought by CASCADE's employees, as well as third parties, and to the extent necessary, CASCADE waives its immunity under RCW Title 51. This waiver is mutually negotiated by EDMONDS and CASCADE. B. EDMONDS shall hold harmless, indemnify and defend CASCADE, its officers, employees, and agents from and against any and all claims, actions, suits, liabilities, losses, expenses, damages and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of EDMONDS' negligent or intentional acts, errors or omissions in the performance Packet Pg. 105 1.6.a of this AGREEMENT and arising by reason of EDMONDS' participation in this Project; PROVIDED, HOWEVER, that EDMONDS' obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of CASCADE, its officers, elected and appointed officials, employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, EDMONDS' obligations hereunder shall apply only to the percentage of fault attributable to EDMONDS, its officers, officials, employees or agents. This promise to indemnify and hold harmless shall include claims or litigations brought by EDMONDS' employees, as well as third parties, and to the extent necessary, EDMONDS waives its immunity under RCW Title 51. This waiver is mutually negotiated by EDMONDS and CASCADE. C. The parties hereby agree that, except as expressly set forth in this AGREEMENT, the performance of services pursuant to this AGREEMENT shall not constitute an assumption by EDMONDS of any CASCADE obligations or responsibilities. D. The parties hereby agree that, except as expressly set forth in this AGREEMENT, the performance of services pursuant to this AGREEMENT shall not constitute an assumption by CASCADE of any EDMONDS obligations or responsibilities. E. The provisions of this article shall survive the expiration or termination of this AGREEMENT with respect to any event occurring prior to such expiration or termination. VII. INSURANCE A. EDMONDS, as a member of the Washington Cities Insurance Authority (WCIA), shall have the WCIA provide CASCADE with an Evidence of Coverage letter confirming liability coverage of at least $1,000,000 per -occurrence; and confirming blanket contractual coverage that will extend protection to the indemnitee of the member, except for the sole negligence of the indemnitee; and subject to the terms, conditions, exclusions and limits of liability of the current WCIA Coverage Agreement. B. CASCADE, as a member of PLC Insurance, LLC shall have PLC Insurance, LLC provide EDMONDS with an Evidence of Coverage Letter confirming liability coverage that will extend protection to the indemnitee of the member, except for the sole negligence of the indemnitee; and subject to the terms, conditions, exclusions and limits of liability of the current PLC Insurance, LLC Coverage Agreement. VIII. TERMINATION This AGREEMENT may be terminated at any time by mutual agreement of EDMONDS and CASCADE. This AGREEMENT shall automatically terminate and expire when all terms of the Grant and AGREEMENT have been completed and all funds have been dispersed. This AGREEMENT may be terminated immediately with cause by EDMONDS or CASCADE. Packet Pg. 106 1.6.a IX. PROJECT RECORDS During the term of the AGREEMENT, and for a period of not less than six (6) years from the final payment to CASCADE, both parties shall keep all records and accounting pertaining to the Project available for inspection and audit by the State and copies of all records, accounts, documents or other data pertaining to the Project shall be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts, along with supporting documentation, shall be retained by the parties until all litigation, claim or audit finding has been resolved even though such litigation, claim, or audit may continue past the six -year retention period. X. DISPUTE RESOLUTION A. If a dispute arises between CASCADE and EDMONDS regarding this AGREEMENT, the parties agree that they will attempt to resolve the issue through mutual negotiation. In the event that the parties are not able to reach an agreement through such negotiations, the parties agree to engage in mediation in order to resolve the dispute. Mediation may be requested by either party, and shall be attempted prior to the institution of any lawsuit arising under this AGREEMENT. PROVIDED, HOWEVER, both parties may mutually agree in writing to waive mandatory mediation and proceed directly to litigation. Mediation shall be conducted under the then -current Commercial Mediation Rules of the American Arbitration Association or, if such model procedure no longer exists, some other mutually acceptable procedure. EDMONDS and CASCADE shall agree on a single mediator. The parties agree to share the costs of mediation equally. B. This AGREEMENT has been made pursuant to, and shall be construed according to, the laws of the State of Washington. In the event that mediation is unsuccessful and either party finds it necessary to institute legal proceedings to enforce any provision of this AGREEMENT, such proceedings may only be brought in the Superior Court of Snohomish County, Washington. XI. CHANGES AND MODIFICATIONS Either party may request changes, amendments, or additions to any portion of this AGREEMENT; however, except as otherwise provided in this AGREEMENT, no such change, amendment, or addition to any portion of this AGREEMENT shall be valid or binding upon either party unless it is in writing and executed by both parties. All such changes shall be made part of this AGREEMENT. XII. COMPLIANCE WITH LAWS EDMONDS and CASCADE shall comply with all applicable federal, state, and local laws in performing this AGREEMENT. XIII. NONWAIVER EDMONDS' or CASCADE's forbearance or delay in exercising any right or remedy with respect to a failure by the other party to comply with one of its obligations under this AGREEMENT shall not constitute a waiver of the particular non-compliance at issue, nor shall it constitute a waiver of any other concurrent or future act of non-compliance by the other party. XIV. SEVERABILITY Should any clause, phrase, sentence or paragraph of this AGREEMENT or its application be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this AGREEMENT or its applications of those provisions not so declared shall remain in full force and effect. Packet Pg. 107 1.6.a XV. NON-DISCRIMINATION Equal Opportunity Employer In all CASCADE services, programs or activities and all CASCADE hiring and employment made possible by or resulting from this AGREEMENT, there shall be no discrimination by CASCADE or by CASCADE's employees, agents, subcontractors or representatives against any person because of sex, age, (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability including sensory, mental or physical handicaps, except those based upon a bona fide occupational qualification, in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CASCADE shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this AGREEMENT by EDMONDS and, in the case of CASCADE's breach, may result in ineligibility for further EDMONDS agreements. Title VI Assurances Because this AGREEMENT is subject to Federal nondiscrimination laws, CASCADE agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this AGREEMENT. XVI. NOTICES AND AGREEMENT ADMINISTRATORS Unless otherwise directed in writing, notices, reports and payments shall be delivered to the following persons who are responsible for administering this AGREEMENT: CITY OF EDMONDS Bertrand Hauss Transportation Engineer 1215`h Ave N Edmonds, WA 98020 CASCADE BICYCLE CLUB Richard Smith Executive Director 7787 62"d Ave W Seattle, WA 98115 Notices mailed by either party shall be deemed effective on the date received. Either party may change its address for receipt of reports, notices, or payments by giving the other written notice of not less than five (5) days prior to the effective date. For accounting purposes, the respective Federal Tax Identification Numbers are: City of Edmonds: 91-6001244 Cascade Bicycle Club: 91-2165219 Packet Pg. 108 1.6.a XVII. ENTIRE AGREEMENT These provisions and Appendices 1& 2 represent the entire and integrated agreement of the parties and may not be modified or amended except as provided herein. Whether oral or written, any understanding, which is not incorporated herein, is expressly excluded. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT, effective on the latest date shown below. The signatories below represent and warrant that they possess the authority to execute this AGREEMENT and bind their respective entities. DATED THIS DAY OF CITY OF EDMONDS By By Phil Williams, Director of Public Works APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) 20 CASCADE BICYCLE CLUB Richard Smith, Executive Director On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 109 1.6.a APPENDIX 1 (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this AGREEMENT, CASCADE, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income - level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or b. Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. Packet Pg. 110 1.6.a APPENDIX 2 (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this AGREEMENT, CASCADE, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 etseq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Packet Pg. 111 1.6.a Improving Lives Through Bicycling 7787 62nd Avenue NE Seattle, WA 98115-8155 cascade P (206) 224-9252 • www.rascade.org • info@cascade.org BICYCLE CLUB 0 ICascadeBicycleCLub ail @cascadebicycle ® @cascade6icycle Citywide Pedestrian Crossing Enhancements Program City of Edmonds — WSDOT Grant Awarded 2016 Proposed Bicycle Education Programming Deliverables Term: September 1, 2020 — December 31, 2020 Total Project Expenses: $20,000 Let's Go Bicycle and Pedestrian Safety Program Implementation -- $18,000 Let's Go is a free, three-week safety unit that provides physical education teachers with the curriculum, skills, and equipment needed to implement a bicycle and pedestrian course for their students. In South Snohomish County, Cascade works with 16 schools and accompanying teachers, who serve 4,719 elementary and middle school students (grades three to eight) each year. (This funding allocation will contribute to approximately nine schools within the overall program. )To reach these audiences, Let's Go uses a curriculum that we designed in alignment with the State of Washington's physical education standards. This curriculum gives students skills and knowledge to prevent the most common bicycle and pedestrian errors made by young children. It also seeks to inspire a love of bicycling, physical activity, and active lifestyles Cascade provides coaching and instruction for public school teachers on how to implement our curriculum in public schools. To fuel this instruction, we also maintain and transport a fleet of 120 youth bicycles, helmets, four trailers, and other bicycle/curriculum equipment for use in public schools. This service gives students access to the equipment they need to learn bicycle -handling skills, properly fit helmets, and use hand signals while riding. Most importantly, this fleet gives students a chance to learn the importance of bicycling as a meaningful and healthy way to stay active and travel to school. Bicycle Rodeo -- $2,000 A Bike Rodeo, also called a Bicycle Skills Rodeo, is a fun, interactive, and non-competitive skills course designed for kids to improve their bike handling and traffic safety skills. Held within a controlled and safe environment, Cascade's Bike Rodeo can be used as a great introduction to bicycle handling for kids and families alike. The Rodeo is easily incorporated into any community event and is especially well suited for health and wellness, environmental education, and youth fitness themes. Packet Pg. 112 1.6.a A successful rodeo celebrates the joys of riding a bike while simultaneously strengthening bike handling skills and traffic safety. Cascade's rodeos also include additional bike safety resources for parents, guardians, and families to help get everyone involved. One rodeo will be held during the academic year. Administration -- Incorporated in the above budget allocations Packet Pg. 113 1.7 City Council Agenda Item Meeting Date: 03/10/2020 Rejection of Bid for the Fishing Pier Rehabilitation Project - Scaffolding for Fiber Reinforced Polymer Repairs Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward this item to the March 17th consent agenda for City Council approval. Narrative On February 6, 2020 the City received one bid for the Fishing Pier Rehabilitation Project - Scaffolding for Fiber Reinforced Polymer Repairs. The bid by On Sight Access, LLC was for $158,143.58. The engineer's estimate was $89,000. The bid submitted by On Sight Access was determined to be nonresponsive because the Statement of Bidder Qualifications to be Declared Responsible Bidder was incomplete. In addition, the project specified boat/barge access to support the repairs but the project bid only provided ladder access from the pier deck. The project was bid off of the Small Works roster with 140 bid requests sent to contractors listed under the "Scaffolding Erection and Dismantling" and "Dock/Wharf/Float Construction, Repair and Maintenance" categories. City staff and the Washington Department of Fish & Wildlife are reviewing options on how to best move forward on the project. Packet Pg. 114 1.8 City Council Agenda Item Meeting Date: 03/10/2020 Sound Transit Funding Agreement for the Citywide Improvement Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Forward this item to the March 17th consent agenda for City Council approval. Narrative In 2019, a Sound Transit Access grant in the amount of $1.85 Million was secured for the Citywide Bicycle Improvements project. The project will add bike lanes on both sides of the street along 1001h Ave from 2441h Street to Walnut Street, Bowdoin Way from 9th Ave to 841h Ave, and 2281h Street from 781h Ave to 80th Ave. Sharrows will be added along 801h Ave from 228th Street to 220th Street (within Snohomish County). The purpose of this agreement between the City of Edmonds and Sound Transit establishes the terms and conditions for the eligible work during the duration of this agreement. The agreement includes the scope of work, deliverables, funding plan, project schedule, reporting requirements, and Sound Transit invoice forms. The design phase is scheduled to begin in April 2020. Construction is anticipated to begin in spring 2021, if the project does not require right-of-way acquisition (to be determined during the design phase). Right-of-way acquisition, if needed, could delay the start of construction by up to one year depending on the complexity and valuation of the property acquisition. Attachments: Sound Transit System Access Fund Agreement Packet Pg. 115 1.8.a SYSTEM ACCESS FUND PROJECT AGREEMENT BETWEEN THE CITY OF EDMONDS AND THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY FOR CITYWIDE BICYCLE IMPROVEMENTS PROJECT GA 0010-20 This Agreement, made and entered into this day of , 2020, between the City of Edmonds (hereinafter "City"), and the Central Puget Sound Regional Transit Authority, (hereinafter "Sound Transit"); WHEREAS, the Sound Transit 3 ("STY") high capacity transit system expansion plan was approved by the voters in November 2016 and includes a $100 million System Access Program to "fund such projects as safe sidewalks and protected bike lanes, shared use paths, improved bus -rail integration, and new pick-up and drop-off areas that provide convenient access so that more people can use Sound Transit services;" WHEREAS, Sound Transit opened the System Access Fund 2019 Call for Projects in February 2019 and subsequently evaluated applications from local governments against evaluation criteria identified by the Sound Transit Executive Committee; WHEREAS, at the conclusion of the public comment period and online open house in August 2019, the Sound Transit Board of Directors approved 30 applications from 27 local governments on September 26, 2019; WHEREAS, Sound Transit and the City have a joint interest in delivering on citywide bicycle improvements, (hereinafter the "Project), which was duly approved by the Sound Transit Board as part of the System Access Program by virtue of M2019-97; NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, it is mutually agreed as follows: 1. GENERAL 1.1. Purpose. The intent of this Agreement is to establish the terms and conditions for the eligible work to be performed for the Project during the duration of this Agreement. Attached hereto as Exhibit A, is the Scope of Work and Deliverables, which outlines the activities, products and general capital improvements eligible for funding by Sound Transit, as presented to Sound Transit in the City's application for Project funding. Funds may be expended on eligible elements listed in Exhibit A up to the not to exceed amount outlined in Section 1.2 below. System Access Fund Project Agreement Page 1 of 18 GA 0010-20 Packet Pg. 116 1.8.a 1.2. Agreement Not -to -Exceed Amount. The total amount of the Agreement shall not exceed $1,850,000.00. No payments will be made in excess of the established not -to -exceed amount according to the Project Description outlined in Section 2.1 below. The funding amount provided by Sound Transit does not include federal funding. 2. PROJECT DESCRIPTION 2.1. The Project will extend bicycle facilities along key east -west and north -south corridors and provide an alternative mode of transportation for community members to reach both Edmonds and Mountlake Terrance Transit Centers as identified in Exhibit A, Scope of Work and Deliverables. Sound Transit funding will support two Phases: 2.1.1. Design Phase. The City will design the bicycle improvements. The Design Phase is expected to require up to $500,000.00 of the total Not -to -Exceed amount noted in Section 1.2. Any work in the Design Phase exceeding $500,000.00 must be approved by Sound Transit. To be reimbursed for the Design Phase, the City must provide the following: 1) Exhibit B, Project Funding Plan; 2) Exhibit C, Funding Certification Letter for the Design Phase, 3) Exhibit D, Project Schedule, 4) Exhibit E, Engineer's Estimate. 2.1.2. Construction Phase. The City will construct the Project. To be reimbursed for the Construction Phase, the City must provide the following: 1) completed design plans for Sound Transit review, 2) updated Exhibit B, Project Funding Plan; 2) Exhibit F, Funding Certification Letter for the Construction Phase; 3) updated Exhibit D, Project Schedule; 4) Exhibit G, Environmental Review Certification; 5) Exhibit H, ROW Certification; 6) updated Exhibit E, Engineer's Estimate 3. PROJECT MANAGEMENT 3.1. Designated Representatives. The City and Sound Transit have designated formal points of coordination for this Agreement. The Designated Representatives shall communicate regularly to discuss the status of the tasks to be performed, to identify upcoming decisions related to the Project, to provide any information or input necessary to inform those decisions, and to resolve any issues or disputes related to the Project consistent with this Agreement. The Designated Representatives are: CITY Bertrand Hauss Transportation Engineering 121 5th Ave N. Edmonds, WA 425-771-0220 bertrandhauss@edmondswa.gov System Access Fund Project Agreement GA 0010-20 SOUND TRANSIT Alex Krieg Deputy Director, Planning & Integration 401 S Jackson St Seattle WA 98104 206-903-7663 Alex.Krieg@soundtransit.org Page 2 of 18 Packet Pg. 117 1.8.a The Parties may change designated representatives by written notice to the other Party during the term of the Agreement. 3.2. Reporting Requirements. The City is required to submit a Quarterly Progress Report to Sound Transit's Designated Representative to include the below elements (Exhibit I: Template for Reporting Requirements). The report may include supporting documentation (photos, City documentation, financial information, etc.). 3.2.1. Project Update. Status of major activities including, Phase 1-Design and Phase 2- Construction, in the reporting period, both current and upcoming. 3.2.2. Assessment of on -going risks. The City will notify Sound Transit of any issues that may affect the Project Schedule and overall implementation of the Project. 3.2.3. Project Funding. Summary of expenditures during reporting period, and expected expenditures in the subsequent reporting period. 3.3. Eligible Costs. Eligible costs include actual costs identified in Exhibit A, Scope of Work and Deliverables. 3.4. Additional Project Funding. The Not -to -Exceed funding amount in Paragraph 1.2 represents approximately 100% of the total Project cost (assuming no need for right of way costs, which the City will be responsible for). The City's Funding Plan is attached as Exhibit B. 3.5. Project Schedule. The parties agree to the project schedule identified in Exhibit D, Project Schedule. The City shall complete all work and deliverables of the Project by one year after the expected project completion date shown in Exhibit D, Project Schedule, unless otherwise mutually agreed in writing by both Parties. The City is responsible for notifying Sound Transit of any material changes to the Project Schedule and rationale for the change in writing as part of its quarterly reporting requirements. 3.6. Cites. The City is solely responsible for the environmental review, design, permitting, construction, project and construction management of all applicable Project elements including, but not limited to, procurement and construction administration. The City is responsible for all costs relating to the operations or maintenance of service and capital improvements related to the Project upon its completion. The City will be the owner of the completed Project. Sound Transit is not responsible for funding any service operations or for maintenance of any improvements implemented under this Agreement. 3.7. Sig_nage. Any identification signage that is used during the Project shall identify Sound Transit as a funding partner. 3.8. Design Review. The City shall provide Sound Transit the opportunity to review design plans at milestones identified in Exhibit D, Project Schedule. 3.9. Project Closeout. Before payment of the final invoice, the City and Sound Transit will meet to ensure final deliverables are complete per Exhibit A, Scope of Work and Deliverables. System Access Fund Project Agreement Page 3 of 18 GA 0010-20 Packet Pg. 118 1.8.a 4. INVOICING 4.1. The City will submit quarterly invoices and supporting documentation that align with the Scope of Work and Deliverables for payment (See Exhibit J, Invoice Template). The invoices must include the Sound Transit purchase order number provided by Sound Transit. 4.2. The City will submit its invoices with the required documentation, in two .pdf files, via email to accountspa, ablegsoundtransit.org (and carbon copying Sound Transit's Designated Representative). Invoices will be paid within (30) days of Sound Transit's receipt of the invoice and acceptable and complete supporting documentation. 4.3. The City agrees to submit a final invoice to Sound Transit within forty-five (45) days after the City has completed each phase of the work. 4.4. If Sound Transit determines that an invoice lacks sufficient documentation to support payment, Sound Transit will notify the City of its determination and request that the City provide additional documentation. Sound Transit may withhold payment of the invoice until supporting documentation is provided, however such approval shall not be unreasonably withheld. 5. TERM, SUSPENSION, AND TERMINATION 5.1. Term. This Agreement shall take effect upon the last date of signature by the Parties as set forth below. This Agreement shall remain in effect until 180 days following Project completion, unless extended by mutual written agreement of the Parties, superseded by a future agreement, or suspended or terminated in accordance with this Section 5. 5.2. Termination by Sound Transit. Sound Transit may terminate this Agreement under the following circumstances: 5.2.1. If work as defined in Exhibit A is not completed by one year after the expected project completion date shown in Exhibit D, Project Schedule, unless otherwise agreed to by the Parties. 5.2.2. If the City fails to make progress towards completing the Project and the City has not provided adequate assurances of its desire or ability to complete the Project and commence operations. If the Agreement is terminated under this Section 5.2, the City shall reimburse Sound Transit the full amount of all payments it made to the City under this Agreement within 90 days of the date of termination. The City may ask for an extension of time to complete the Project for good cause. Sound Transit's agreement to extend the completion will not be unreasonably withheld. 5.3. Termination by Either Party. Either Party may terminate this Agreement for cause in the event that the other Party fails to fulfill its material obligations under this Agreement in a timely manner or breaches any material provision of this Agreement and the Dispute Resolution System Access Fund Project Agreement Page 4 of 18 GA 0010-20 Packet Pg. 119 1.8.a Process has failed to reach resolution within the timelines described therein. The Party wishing to terminate this Agreement for cause will provide the other Party with notice of its intent to terminate and will give the other Party an opportunity to correct the failure to perform or breach within thirty (30) days of the notice or within such longer period as may be necessary in the event that correction cannot reasonably be accomplished within thirty (30) days. If the failure or breach is not corrected or cured, this Agreement may be terminated by the aggrieved Party by giving ninety (90) days' notice to the other Party. 5.4. Except as provided in this Section, a termination by either Party will not extinguish or release either Party from liability for costs or obligations existing as of the date of termination. Any costs incurred prior to proper notification of termination will be borne by the Parties in accordance with the terms of this Agreement. 6. INDEMNITY 6.1. To the maximum extent permitted by law, the City will hold harmless from, and indemnify and defend Sound Transit (including its board members, officers, directors and employees) (the "Indemnified Parties") from and against any and all claims, demands, losses, lawsuits, actions, or liability of any kind or nature, arising out of or relating to the City's design, construction, maintenance or operation of the Project, including claims by the City's employees. THE CITY SPECIFICALLY ASSUMES POTENTIAL LIABILITY FOR ACTIONS BROUGHT BY THE CITY'S OWN EMPLOYEES OR FORMER EMPLOYEES AGAINST ANY INDEMNIFIED PARTY, AND FOR THAT PURPOSE THE CITY SPECIFICALLY WAIVES ALL IMMUNITY AND LIMITATIONS ON LIABILITY UNDER THE WORKERS COMPENSATION ACT, RCW TITLE 51, OR ANY INDUSTRIAL INSURANCE ACT, DISABILITY BENEFIT ACT OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. THIS INDEMNITY OBLIGATION SHALL NOT BE LIMITED BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CITY OR A CONTRACTOR UNDER WORKERS' COMPENSATION, DISABILITY BENEFIT OR OTHER EMPLOYEE BENEFITS LAWS. THE CITY RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY ENTERED INTO AND WAS THE SUBJECT OF MUTUAL NEGOTIATION. PROVIDED, HOWEVER, THE CITY'S WAIVER OF IMMUNITY BY THE PROVISIONS OF THIS PARAGRAPH EXTENDS ONLY TO CLAIMS AGAINST THE CITY BY SOUND TRANSIT, AND DOES NOT INCLUDE, OR EXTEND TO, ANY CLAIMS BY THE CITY'S EMPLOYEE(S) DIRECTLY AGAINST THE CITY. The foregoing indemnity applies only to the extent of the City's negligence. 6.2. The City further agrees to assume the defense of the Indemnified Parties with legal counsel acceptable to Sound Transit, whose acceptance shall not be unreasonably withheld. In all legal or claim proceedings arising out of, in connection with, or incidental to the City's work or that of its contractors, subcontractors of any tier, suppliers, consultants and sub -consultants. The City shall pay all defense expenses, including attorney's fees, expert fees, and costs incurred directly or indirectly on account of such litigation or claims, and shall satisfy any judgment System Access Fund Project Agreement Page 5 of 18 GA 0010-20 Packet Pg. 120 1.8.a rendered in connection therewith. The City may settle any suit, claim, action cost, loss penalty or damages, subject to the approval of Sound Transit, whose approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of the Indemnified Parties. In the event of litigation between the Parties hereto to enforce the rights under this provision, reasonable attorney fees shall be allowed to the prevailing party. 6.3. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in relation to this Agreement, and each Party will fully indemnify and hold the other Party, its officers, agents and employees harmless from any tax liability owed by the other Party arising from or related to the transactions set forth herein, including, but not limited to, any taxes, penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying Party and further including all attorneys' fees and costs incurred in response to any claims or assessments by any tax authority against indemnifying Party, its officers, agents and employees. 6.4. The obligations in this Section will survive termination or completion of this Agreement as to any claim, loss or liability arising from events occurring prior to such termination or completion. 7. AUDITS 7.1. Each Party will maintain accounts and records, including contract and financial records that sufficiently and properly reflect all direct and indirect costs of any nature expended for work performed under this Agreement so as to ensure proper accounting for all monies paid to the City by Sound Transit. These records will be maintained for a period of six (6) years after termination or expiration of this Agreement unless permission to destroy the records is granted by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the Parties. 7.2. The City will make all Project records available for Sound Transit inspection upon prior reasonable request. Audits may be performed by Sound Transit or its independent public accountants to ensure compliance with and enforcement of this Agreement. Should the audit determine that funds from Sound Transit have been used for expenses that were ineligible, then Sound Transit shall provide a copy of the auditor's determination to the City. The City agrees with the determination, then the City will reimburse Sound Transit the amounts found to have been ineligible. If the City disputes the auditor's determination, then the matter shall be referred to the dispute resolution process set forth in Section 9. 8. INSURANCE 8.1. Coverage. During the construction phase of any eligible elements within the Project, the City shall provide primary insurance coverage in the amounts that it deems necessary for construction projects of similar size and cost. If the City is self -insured, it shall provide to Sound Transit's risk manager a certificate of self-insurance. The City shall require their contractor(s) and sub -contractors to obtain and maintain insurance in amounts and types System Access Fund Project Agreement Page 6 of 18 GA 0010-20 Packet Pg. 121 1.8.a suitable to protect Sound Transit and the City from exposures presented by the work performed under this Agreement. The minimum insurance requirements during the entire term of this Agreement are set forth below: a) Commercial General Liability in the amount of two million dollars ($2,000,000) each occurrence limit, two million dollars ($2,000,000) general aggregate limit, covering bodily injury including death, personal injury, property damage, Employers' Liability and contractual coverage endorsements, and utilize insurers and coverage forms acceptable to Sound Transit. b) Commercial Auto Liability coverage for bodily injury and property damage utilizing insurers and coverage forms acceptable to Sound Transit, with a limit of at least one million dollars ($1,000,000) combined single limit. c) Worker's Compensation insurance coverage, where applicable, shall comply with State of Washington Labor and Industries requirements. d) Builders Risk coverage will be the responsibility of all contractors and subcontractors. e) Pollution Liability (if there is any potential environmental liability exposure) in the amount of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate. f) Professional Liability (if there is a potential professional liability exposure) in the amount of one million dollars ($1,000,000) per claim. 8.2. Certificates. Certificates of insurance must name Sound Transit as an "Additional Insured," and shall reference the number and title of this Agreement. All insurance coverage obtained by the City or its contractors and subcontractors must name Sound Transit, its officers and employees as "additional insured's" and contain "severability of interest" (cross liability) provisions. The City's and the contractor's insurance policies shall be primary to and not contributing with any insurance or self-insurance that may be carried by Sound Transit and waive their right of Subrogation against Sound Transit. Certificates of Insurance, including the Additional Insured Endorsements, Waiver of Subrogation Endorsements and Primary and Non -Contributory Endorsements, will be provided to Sound Transit before the start of any work performed under this Agreement. 9. DISPUTE RESOLUTION 9.1. Any disputes or questions of interpretation of this Agreement or the performance of either Party under this Agreement that may arise between Sound Transit and the City shall be governed under the dispute resolution provisions in this Section 9. The Parties agree that neither Party may take or join any action in any judicial or administrative forum to challenge System Access Fund Project Agreement Page 7 of 18 GA 0010-20 Packet Pg. 122 1.8.a the other Party's performance under this Agreement until the dispute resolution process in this Section 9 has been exhausted. 9.2. The Parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level possible. 9.3. Either Party may refer a dispute to the dispute resolution process by providing written notice of such referral to the other Party's Designated Representative. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute resolution process should any such disputes arise: a. Level One - Sound Transit's Designated Representative and the City's Designated Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level One, either party may refer the dispute to Level Two. b. Level Two - Sound Transit's Deputy Executive Director of the Office of Planning & Integration and the City's Departmental Leads shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level Two, either Party may refer the dispute to Level Three. C. Level Three - Sound Transit's Executive Director of the Planning, Environment, and Project Development Department or Designee and the City's Department Directors or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. 9.4. In the event the dispute is not resolved at Level Three within fourteen (14) days after referral of that dispute to Level Three, the Parties are free to file suit, seek any available legal remedy, or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute, the Parties shall continue to perform any undisputed obligations and make any undisputed required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. Notwithstanding anything in this Agreement to the contrary, neither Party has any obligation to participate in mediation or any other form of alternative dispute resolution following completion of Level Three of the process described herein. A Party may decline to participate in such proceeding for any reason or no reason. 10. LEGAL PROVISIONS 10.1. Warranties. By execution of this Agreement, both Parties warrant that they have the full right and authority to enter into and perform this Agreement, and that by entering into or performing this Agreement, they are not in violation of any law, regulation, or agreement; and that the execution, delivery and performance of the Agreement has been duly authorized System Access Fund Project Agreement GA 0010-20 Page 8 of 18 Packet Pg. 123 1.8.a by all requisite corporate action, and that the signatories hereto, which have signed on each Parties behalf, are authorized to sign this Agreement. 10.2. No waiver. Neither Party will be relieved of its obligations to comply promptly with any provision of this Agreement by reason of any failure by the other Party to enforce prompt compliance, and such failure to enforce will not constitute a waiver of rights or acquiescence in the other Party's conduct. 10.3. Costs. Each Party will be responsible for its own costs, including legal fees, incurred in negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties. If either Party brings any claim or lawsuit arising from this Agreement, each Party will pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph will be construed to limit the Parties' rights to indemnification. 10.4. Public Records. Each Party shall be responsible for its own public records and public records requests. 10.5. Notices. All notices required under this Agreement must be in writing and addressed to the Designated Representative. All notices must be either: (i) delivered in person, (ii) deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii) delivered by a nationally recognized overnight or same -day courier service that obtains receipts, or (iv) delivered electronically to the other Party's Designated Representative. However, notice under Section 5, termination, must be delivered in person or by certified mail, return receipt requested. 10.6. The parties may not unreasonably withhold requests for information, approvals or consents provided for in this Agreement; provided, however, that approvals or consents required to be given by vote of the Sound Transit Board or the City Board are recognized to be legislative actions. The parties will take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. The City and Sound Transit will work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 10.7. Time is of the essence in every provision of this Agreement. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days unless otherwise noted. Any reference to "working days" shall exclude any legal holidays and weekend days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 10.8. No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one Party shall be deemed, or represent themselves to be, employees of any other Party. System Access Fund Project Agreement Page 9 of 18 GA 0010-20 Packet Pg. 124 1.8.a 10.9. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the Party drafting the document applies to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law. 10.10.This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 10.11. Severability. In case any term of this Agreement is held invalid, illegal, or unenforceable in whole or in part, by a court of law, the Parties will reform the agreement to satisfy the original intent of the Parties. IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized representative affix her/his name in the appropriate space below: SOUND TRANSIT By: Kimberly Farley, Deputy CEO Date: Approved as to form: Bv: Sound Transit Legal Counsel CITY Date: Approved as to form: By: City of Edmonds Legal Counsel Exhibit List: Exhibit A: Scope of Work and Deliverables Exhibit B: Project Funding Plan Exhibit C: Funding Certification Letter for Design Phase Exhibit D: Project Schedule Exhibit E: Engineer's Estimate Exhibit F: Funding Certification Letter for Construction Phase Exhibit G: Environmental Review Certification Exhibit H: ROW Certification Exhibit I: Template for Reporting Requirements Exhibit J: Invoice Form System Access Fund Project Agreement GA 0010-20 Page 10 of 18 Packet Pg. 125 1.8.a Exhibit A: Scope of Work and Deliverables Scope of work • The project consists in the installation of bike lanes on both sides of the street along the following stretches: o 100th St. SW / 9th Ave. S from Walnut St. to 2441h St. SW; o Bowdoin Way from 9th Ave. S to 84th Ave. W; 0 228th St. SW from 80th Ave. W to 78th Ave. W; and o Sharrows along 801h Ave. W from 228th St. SW to 220th St. SW. Deliverables • Design Phase o Submittal of Quarterly Reports and Invoices o PS&E Submittals ■ 30% PS&E; ■ 90% PS&E; and ■ Final PS&E. o Environmental Documentation (SEPA) • Construction Phase o Submittal of Quarterly Reports and Invoices o Construction Contract Closeout documents System Access Fund Project Agreement GA 0010-20 Page 11 of 18 Packet Pg. 126 1.8.a Exhibit B: Project Funding Plan The project will be 100% funded by the $1.85 Million secured Sound Transit System Access grant. Based on the preliminary engineer's estimate, the Sound Transit funds will be expended as follows: • Design Phase $350,000 • Construction Phase $1.5 Million *** The City doesn't anticipate any ROW costs for this project but ROW needs will be confirmed during the completion of the Design Phase. If ROW acquisition is needed, the City will be responsible for covering 100% of those costs. System Access Fund Project Agreement GA 0010-20 Page 12 of 18 Packet Pg. 127 1.8.a Exhibit C: Project Schedule Option 1: Project with no ROW acquisition Design Phase • Start April 2020 • 30% PS&E August 2020 • 90% PS&E December 2020 • Final PS&E February 2021 Construction Phase • Advertisement March 2021 • Start May 2021 • Completion /Project Closeout December 2021 Option 2: Project with ROW acquisition Design Phase • Start April 2020 • 30% PS&E September 2020 • 90% PS&E August 2021 • Final PS&E December 2021 ROW Phase • Start December 2020 • Negotiations with property owners February 2021 • Completion December 2021 Construction Phase • Advertisement January 2022 • Start March 2022 • Completion /Project Closeout December 2022 System Access Fund Project Agreement GA 0010-20 Page 13 of 18 Packet Pg. 128 Exhibit D: Engineer's Estimate 1.8.a Preliminary Cost Estimate for Citywide Bicycle Improvements project Item Quantity Unit Description Unit Price Costs 1 1 LS Survey $2,000 $20,000 2 1 LS Mobilization $40,000 $40,000 3 1 LS Traffic Control $75,000 $75,000 4 1 LS Off -Duty Police Officer $10,000 $10,000 5 1 LS TESC $2,000 $2,000 6 1 LS Site Restoration $5,000 $5,000 7 1 LS Removal of structure and obstructions $10,000 $10,000 8 25,000 LF Remove existing striping $6 $150,000 9 60,000 LF Solid line striping $2 $120,000 10 1 Unit Signing (bike lane signage) $10,000 $10,000 11 60 Unit Bike lane / sharrow marking $250 $15,000 12 1 LS Stormwater line upgrades/ relocation $75,000 $100,000 13 46 Unit Replace catch basin frame and grate $2,500 $115,000 14 1 LS C-Curb modification $10,000 $10,000 15 1 LS Traffic Signal Modifications (including pole / cabinet relocations and vehicle detection modification) $285,000 $285,000 16 225 Ton HMA $100 $22,500 17 100 Ton CSBC $40 $4,000 18 1 LS Minor Changes $10,000 $10,000 19 3 Unit ADA Pedestrian Curb Ramps $7,500 $22,500 Subtotal $1,026,000 Design Contingency (25%) $256,500 Inflation (3%) / 1 year $30,800 Construction SUB -TOTAL $1,313,300 City Staff (1.5%) $15,390 Management Reerve (10%) $102,600 Construction Engineering (10%) $102,600 TOTAL CONSTRUCTION COST $1,500,000 Design(15%) $196,995 City PM (1.5%) $19,700 Permitting (5%) $65,665 TOTAL DESIGN $350,000 TOTAL SOUND TRANSIT REQUEST 1 $1,850,000 System Access Fund Project Agreement GA 0010-20 Page 14 of l8 Packet Pg. 129 1.8.a Exhibit E: Environmental Review Certification The City of , as lead agency for purposes of the State Environmental Policy Act (SEPA), hereby certifies that the proposal described herein has undergone environmental review in accordance with all applicable SEPA rules pursuant to Chapter 197-11 Washington Administrative Code. The City of has completed the following project -level environmental review documentation and submitted to Sound Transit for review: []Letter of exemption from SEPA pursuant to WAC 197-11-800 FISEPA Environmental Checklist/Determination of Non -significance (DNS) or Mitigated DNS environmental Impact Statement 11SEPA Addendum Other: Signature of Authorized Local Government SEPA Responsible Official Sound Transit's office of Environmental Affairs and Sustainability has reviewed the provided documents checked above and authorizes the following: Dayment for construction (Design and Construction Agreements) environmental approval to execute agreement for construction of project (Construction Only Agreement) Signature of Corridor Environmental Manager System Access Fund Project Agreement GA 0010-20 Page 15 of 18 Packet Pg. 130 1.8.a Exhibit F: ROW Certification The City to provide ROW Certification System Access Fund Project Agreement GA 0010-20 Page 16 of 18 Packet Pg. 131 1.8.a Exhibit G: Template for Reporting Requirements CITYWIDE BICYCLE IMPROVEMENTS PROJECT PROJECT REPORT GA 0010-20 Reporting Period: Submitted By:_ 1. Project Update. Status of major activities in the reporting period, both current and upcoming. 2. Assessment of on -going risks. The City will notify Sound Transit of any issues that may affect the Project Schedule and overall implementation of the Project. 3. Summary of expenditures during reporting period. Summary of expenditures during reporting period, and expected expenditures in the subsequent reporting period. System Access Fund Project Agreement GA 0010-20 Page 17 of 18 Packet Pg. 132 1.8.a Exhibit H: Sound Transit Invoice Form Invoice No. Dated: TO: Sound Transit Accounts Payable 401 S Jackson Street Seattle, WA 98104 accountspa. ablegsoundtransit.org Attention: Accounts Payable and Alex Krieg Re: Citywide Bicycle Improvements, System Access Fund Project, GA 0010-20 The City's authorized representative certifies that Sound Transit's pro rata share of costs under this invoice is $ , and is due and payable to the City in accordance with the provisions of the Agreement, and is supported by the attached invoice and supporting documentation. [Identify the elements(s), and the amounts by element, for which the amount due applies] The City makes the following representations and warranties to Sound Transit in connection with the Invoice: • All work performed to date has been, unless otherwise specifically stated by the City, performed in accordance with the terms and conditions of this Agreement. • The amount specified above has been computed in accordance with, and is due and payable under, the terms and conditions of the Agreement, has not been the subject of any previous invoice (unless disputed or rejected for payment) and is not the subject of any pending invoice from the City. Any liability of Sound Transit arising from these representations and warranties are governed by the terms and conditions of the Agreement. City of Edmonds M. [Name, Position] System Access Fund Project Agreement GA 0010-20 Date: Page 18 of 18 Packet Pg. 133 1.9 City Council Agenda Item Meeting Date: 03/10/2020 2019 Transportation Benefit District Report Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Pursuant to Ordinance 3707, and codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council established a transportation benefit district to be known as the Edmonds Transportation Benefit District in November, 2009, with geographical boundaries comprised of the corporate limits of the City of Edmonds at the time the ordinance was adopted or as they may exist after any future annexations. The 2015 State Legislature adopted Second Engrossed Substitute Senate Bill 2ESBB 5987 authorizing the assumption of control over a TBD by a city with the same boundaries as the TBD, which became effective in July, 2015. Pursuant of Ordinance 4053, as codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council assumed the rights powers, functions, and obligations of the Transportation Benefit District Board in December, 2016, one of which is to produce and deliver an annual report regarding the operations of the District. Initiative 976 - In November, 2019, 1-976 was passed by the voters of Washington State. The initiative rolls back car tab fee increases in excess of $30 among other impacts. This also affects all Transportation Benefit Districts (TBDs) that have been formed through a council manic process. This includes The City of Edmonds Transportation Benefit District (TBD #1). Staff Recommendation Acknowledge and approve for publication. Narrative The City of Edmonds is publishing the results of its Transportation Benefit District (TBD) operations from January 1 to December 31, 2019. The TBD received $689,668 in revenue from local license fees on vehicles registered within the jurisdictional limits of the City of Edmonds. These collected funds were expended for street maintenance, preservation, and operation of the street transportation system within the City's boundaries. TBD-funded activities included localized pavement repairs, pothole repairs, signage management, maintenance of pavement markings (buttons, curb paint, etc.), crosswalk maintenance, and traffic signal maintenance and repair. For these eligible costs, outlined in Ordinance 4053, the City expended all of the monies collected, as well as other funds from the State Gas Tax and General Fund resources. . The publishing of this report fulfills the requirement within RCW 36.73.160(2), in which, the district shall issue an annual report, indicating the status of transportation improvement costs, transportation Packet Pg. 134 1.9 improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district. Considerations: Initiative 976 - The initiative passed by a state wide margin of 53% to 47% but was rejected by Edmonds voters 56% to 44%. After the statewide results were certified, it was challenged by a coalition of local governments including the City of Seattle, King County, and the Garfield County Transportation Authority, allegedly on his constitutional defects. The King County Superior Court judge hearing the case first presided over the request by the appellants for an injunction and a stay of the effective date. The judge granted the injunction which indicated it was likely the appellants would prevail. Weeks later, when a partial decision was released, the decision instead favored the State, who is defending the initiative on behalf of the voters. Two smaller issues remain. One of these affects only the City of Burien and is not germane to Edmonds. The other issue deals with the procedure for establishing the value of a licensed vehicle. That issue could, according to the legal team for the appellants, still result in the initiative being found defective in its entirety. The appellants have requested the judge to reconsider his partial ruling. His decision on that request and his decision on the remaining two items is expected by the end of March. Either way, it is expected to be appealed by the losing party. This appeal will very likely go directly to the state Supreme Court. Interestingly, the pro -initiative forces had earlier appealed the decision by the King County judge to issue the original injunction. The Supreme Court voted 6-3 to uphold the injunction which also signals that, based on what was presented, a majority of the justices felt the appellants would ultimately prevail on the merits of the case. This further makes the King County Superior Court partial decision seem even more surprising. Should this go to the Supreme Court as expected, it could easily consume the balance of this year. Should the appellants lose the argument there, it is very possible the revenue stream collected since late 2019, approximately $750,000 by that time, would need to be returned. Attachments: 2019 TBD Report Jan -Dec Packet Pg. 135 1.9.a Schedule of Revenues, Expenditures and Changes in Fund Balance Transportation Benefit District January 1, 2019 through December 31, 2019 Revenues $20 Vehicle Registration Fee $ 689,668 Total Revenues 689.668 Expenditures Road Maintenance (includes repairs, patching, crack sealing) Labor & Benefits 149,090 Supplies 36,089 Traffic Control Labor & Benefits 190,949 Supplies 170,895 Vehicle Charges 142,645 Total Expenditures 689,668 Net Change in Fund Balances - Fund Balances - Beginning - Fund Balances - Ending $ - (1) An additional $26,345 in expenditures were eligible for reimbursement from this funding source, however, due to funding constraints, these expenditures were absorbed by Fund 111 -Street Fund. Packet Pg. 136 2.1 City Council Agenda Item Meeting Date: 03/10/2020 January 2020 Monthly Financial Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation Review and move to full council on consent Narrative January 2020 Monthly Financial Report Attachments: January 2020 Monthly Financial Report Packet Pg. 137 I 2.1.a I OF EDP � d 1)7 C. 1 $9v CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT JAN UARY 2020 Packet Pg. 138 1 I 2.1.a I Page 1 of 1 C TTY OF EDMO NDS REVENUES BY FUND - SUMMARY Fund 2020 Adopted 1/31/2019 1/31/2020 Amount No. Title Budget Revenues Revenues Remaining %Receive, 001 GENERAL FUND $ 43,803,858 $ 2,397,678 $ 2,376,947 $ 41,426,911 5 009 LEOFF-MEDICAL INS. RESERVE 437,980 1,397 - 437,980 0 Ol l RISK MANAGEMENT RESERVE FUND - 3,981 - 0 012 CONTINGENCY RESERVE FUND 56,140 23,492 56,140 0 014 HISTORIC PRESERVATION GIFT FUND 5,230 43 5,230 0 017 MARSH RESTORATION & PRESERVATION FUND - 1,295 - - 0 G 104 DRUG ENFORCEMENT FUND 165,390 49 117 165,273 0 Q a) Ill STREET FUND 1,893,668 124,170 127,413 1,766,255 7 112 COMBINED STREET CONSTAMPROVE 1 2,433,890 12,510 137,786 2,296,104 6 v C 117 MUNICIPAL ARTS ACQUIS. FUND 259,635 3,020 1,845 257,790 1 118 MEMORIAL STREET TREE 750 81 58 692 8 L+ 120 HOTEL/MOTEL TAX REVENUE FUND 98,630 6,104 6,361 92,269 6 C 121 EMPLOYEE PARKING PERMIT FUND 27,270 7,805 8,472 18,798 31 0 122 YOUTH SCHOLARSHIP FUND 1,790 63 41 1,749 2 p N 123 TOURISM PROMOTIONAL FUND/ARTS 34,450 2,206 2,236 32,214 6 N 125 REAL ESTATE EXCISE TAX 2 1,436,090 112,743 169,198 1,266,892 12 M 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 1,453,520 114,164 168,964 1,284,556 12 C 127 GIFTS CATALOG FUND 145,050 71,711 1,585 143,465 1 130 CEMETERY MAINTENANCE/IMPROVEMT 184,610 9,624 11,884 172,726 6 O 136 PARKS TRUST FUND 6,390 688 477 5,913 7 C 137 CEMETERY MAINTENANCE TRUST FD 54,210 5,190 4,317 49,893 8 138 SISTER CITY COMMISSION 10,380 35 30 10,350 0 c� 140 BUSINESS IMPROVEMENT DISTRICT 79,209 29,201 28,992 50,217 37 C 141 AFFORDABLE AND SUPPORTIVE HOUSING FUND - - 5,895 (5,895) 0 LL 211 L.I.D. FUND CONTROL 12,400 - - 12,400 0 z 231 2012 LT GO DEBT SERVICE FUND 738,400 - - 738,400 0 r O 332 PARKS CAPITAL CONSTRUCTION FUND 9,638,306 9,556 31,469 9,606,837 0 2 0 411 COMBINED UTILITY OPERATION - 11,847 12,015 (12,015) 0 G 421 WATERUTILITY FUND 2 11,116,270 842,680 851,740 10,264,530 8 4 422 STORM UTILITY FUND 2 5,670,766 352,633 386,687 5,284,079 7 423 /W SEWERWTPUTILITY FUND3 24,452,726 1,306,212 1,468,879 22,983,847 6 M 424 BOND RESERVE FUND 1,988,100 1 1 1,988,099 0 }; C 511 EQUIPMENT RENTAL FUND 1,746,160 159,716 136,607 1,609,553 8 512 TECHNOLOGY RENTAL FUND 1,202,963 92,673 100,385 1,102,578 8 V 617 FIREMEN'S PENSION FUND 72,620 928 429 72,191 1 Q $ 109,226,851 $ 5,703,497 $ 6,040,830 $103,186,021 6 Differences primarily due to prior year Grant Billings, and a large traffice impact fee in 2020. 2 Differences primarily due to a 4.5%increase in water, and a 9.5%increase in storm. 3 Differences due to contributed capital billings to WWTP partners in 2020, as well asa 5%increase in sewer. 1 Pack-- .,_ 139 rac,ecei Pg. i sa I 2.1.a I Page l of 1 CITY 0FIDMONDS EXPENDITURES BY FUND - SUMMARY Fund 2020 Adopted 1/31/2019 1/31/2020 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 48,244,815 $ 4,237,264 $ 3,641,481 $ 44,603,334 80 009 LEOFF-MEDICAL INS. RESERVE 467,140 37,032 19,826 447,314 44 014 HISTORIC PRESERVATION GIFT FUND 5,900 5,533 5,900 04 019 EDMONDS OPIOID RESPONSE FUND 21,555 - 21,555 04 104 DRUG ENFORCEMENT FUND 45,800 45,800 04 111 STREET FUND 2,139,717 236,493 311,388 1,828,329 15° G 112 COMBINED STREET CONST/IMPROVE 2,403,472 385 41,487 2,361,985 20 y Q-' 117 MUNICIPAL ARTS ACQUIS. FUND 243,880 5,668 4,965 238,915 20 120 HOTEL/MOTEL TAX REVENUE FUND 122,750 2,449 2,366 120,384 29 121 EMPLOYEE PARKING PERMIT FUND 26,880 - - 26,880 04 122 YOUTH SCHOLARSHIP FUND 3,000 645 300 2,700 104 U+ 123 TOURISM PROMOTIONAL FUND/ARTS 33,900 - 468 33,432 14 125 REAL ESTATE EXCISE TAX 2 3,067,616 3,696 - 3,067,616 C 00 O 2 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 2,661,040 - 13,727 2,647,313 10 C N 127 GIFT S CATALOG FUND 100,220 - 2,762 97,458 30 N 130 CEMETERY MAINTENANCE/IMPROVEMT 195,787 13,549 10,963 184,824 69 �+ O 138 SISTER CITY COMMISSION 11,900 - - 11,900 00 _ 140 BUSINESS IMPROVEMENT DISTRICT 80,510 5,063 5,089 75,421 60 211 L.I.D. FUND CONTROL 12,400 - - 12,400 04 231 2012 LT GO DEBT SERVICE FUND 738,400 - 738,400 04 Q 332 PARKS CAPITAL CONSTRUCTION FUND 11,942,630 11,686 - 11,942,630 d 0° w 421 WATER UTFLIT YFUND 12,436,114 493,192 482,583 11,953,531 40 ea Z 422 STORM UTILITY FUND 8,357,375 319,923 353,267 8,004,108 49 C 423 SEWER/WWTP UTILITY FUND 30,493,425 681,307 736,167 29,757,258 29 j,L 424 BOND RESERVE FUND 1,988,130 - - 1,988,130 04 s 511 EQUIPMENT RENTAL FUND 3,170,398 109,570 90,505 3,079,893 r 34 C 512 TECHNOLOGY RENTAL FUND 1,224,784 157,010 81,888 1,142,896 7° 2 0 617 FIREMEN'S PENSION FUND 78,700 8,757 8,172 70,528 104 G $ 130,318,238 $ 6,329,220 $ 5,807,404 $ 124,510,834 N 49 ?, 2 Packet Pg. 140 2.1.a Page I of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Revenues Revenues Remaining %Received y19. 1 REAL PERSONAL / PROPERTY TAX $ 10,737,617 $ 38,200 $ 38,921 $ 10,698,696 00/( 2 EMSPROPERTYTAX 4,112,031 14,543 15,048 4,096,983 00/( 3 VOTED PROPERTY TAX 500 4 (93) 593 -190/( 4 LOCAL RETAIL SALES/USE TAX 4 8,450,000 665,493 692,248 7,757,752 8"/ 5 NATURAL GAS USE TAX 7,600 1,046 698 6,902 90/( 6 1/10 SALES TAX LOCAL CRIM JUST 760,500 65,276 67,953 692,547 90/( 7 ELECTRIC UTILITY TAX 1,684,800 171,454 179,486 1,505,314 110/( 8 GAS UTILITY TAX 579,600 67,644 82,496 497,104 140/( 9 SOLID WASTE UTILITY TAX 348,800 27,784 31,041 317,759 90/( 10 WAT ER UT ILIT Y T AX 1,148,400 101,932 93,508 1,054,892 80/( 11 SEWERUTILITYTAX 896,600 76,533 79,154 817,446 90/( 12 STORMWATER UTILITY TAX 471,900 31,790 34,798 437,102 70/( 13 T.V. CABLE UTILITY TAX 822,200 66,756 68,728 753,472 8"/ 14 TELEPHONE UTILITY TAX 823,900 83,102 70,129 753,771 90/( 15 PULLTABS TAX 55,200 17,509 18,305 36,895 330/( 16 AMUSEMENT GAMES 40 - 184 (144) 4590/( 17 LEASEHOLD EXCISE TAX 280,900 - - 280,900 00/( 31,180,588 1,429,065 1,472,606 29,707,982 501, LIC INS ES AND PERMITS: 18 FIRE PERMITS -SPECIAL USE 250 - - 250 00/c 19 POLICE - FINGERPRINTING 700 65 40 660 60/( 20 AMUSEMENTS 6,000 - - 6,000 00/( 21 VENDING MACHINE/CONCESSION 50,000 413 259 49,741 1% 22 FRANCHISE AGREEMENT -COMCAST 682,200 170,196 173,761 508,439 250/( 23 FRANCHISE FEE-EDUCATION/GOVERNMENT 41,000 3,481 3,429 37,571 80/( 24 FRANCHISE AGREEMENT -VERIZON/FRONT IER 100,600 - - 100,600 00/( 25 OLYMPIC VIEW WATER DISTRICT FRANCHISE 358,200 - 79,538 278,662 220/( 26 GENERAL BUSINESS LICENSE 116,300 44,075 31,925 84,375 270/( 27 DEV SERV PERMIT SURCHARGE 63,700 4,375 5,230 58,470 80/( 28 NON-RESIDENT BUS LICENSE 64,800 23,650 - 64,800 00/( 29 RIGHT OF WAY FRANCHISE FEE 13,500 13,097 - 13,500 00/c 30 BUILDING STRUCTURE PERMITS 675,600 32,789 56,046 619,554 80/( 31 ANIMAL LICENSES 24,380 3,857 3,301 21,079 140/( 32 STREET AND CURB PERMIT 45,000 1,000 50,481 (5,481) 1120/( 33 OTR NON -BUS LIC/PERMITS 18,500 1,508 1,765 16,735 100/( 2,260,730 298,507 405,775 1,854,955 180N INTERGOVERNMENTAL: 34 DOJ 15-0404-0-1-754 - BULLET PROOF VEST 6,000 - - 6,000 00/( 35 TARGET ZERO TEAMS GRANT 4,000 - - 4,000 0°/ 36 HIGH VISIBILITY ENFORCEMENT 7,100 - - 7,100 00/( 37 STATE GRANTS- BUDGET ONLY 18,000 - - 18,000 00/( 38 PUT) PRIVILEDGE TAX 210,500 - - 210,500 0°/ 39 ARCHIVES AND RECORDS MANAGEMENT - - 564 (564) 00/( 40 MVET/SPECIAL DISTRIBUTION 13,070 3,050 3,197 9,873 24°/ 41 TRIAL COURT IMPROVEMENT 16,740 - 4,038 12,702 240/( 42 CRIMINAL JUSTICE -SPECIAL PROGRAMS 45,600 11,003 11,474 34,126 250/( 43 MARIJUANA ENFORCEMENT 500 - - 500 00/( 44 MARIJUANA EXCISE TAX DISTRIBUTION 48,300 - - 48,300 0"/ 45 DUI - CITIES 6,000 1,521 1,383 4,617 230/( 46 LIQUOR EXCISE TAX 231,500 51,700 55,939 175,561 240/( 47 LIQUOR BOARD PROFITS 338,200 - - 338,200 0"/ 48 FIRST RESPONDERS FLEX FUND 1,000 204 1,812 (812) 1810/( 49 DISCOVERY PROGRAMS TECHNOLOGY ACQ. 550 - - 550 00/( 947,060 67,479 78,408 868,652 80/( 4 2019 Local Retail Sales/Use Tax revenues are $26,755 higher than 2018 revenues. Please also seepages pages 18 & 19. 3 Packet Pg. 141 I 2.1.a I Page 2 of 3 Title CHARGES FOR GOODS AND SERVICES: 1 RECORD/LEGAL INSTRUMENTS 2 ATM SURCHARGE FEES 3 CREDIT CARD FEES 4 COURT RECORD SERVICES 5 D/M COURT REC SER 6 WARRANT PREPARATION FEE 7 IT TIME PAY FEE 8 MUNIC.-DIST. COURT CURR EXPEN 9 SALE MAPS & BOOKS 10 CLERKS TIME FOR SALE OF PARKING PERMITS 11 BID SUPPLIES REIMBURSEMENT 12 PHOTOCOPIES 13 POLICE DISCLOSURE REQUESTS 14 ENGINEERING FEES AND CHARGES 15 ELECTION CANDIDATE FILING FEES 16 SNO-ISLE 17 PASSPORTS AND NATURALIZATION FEES 18 POLICE SERVICES SPECIAL EVENTS 19 CAMPUS SAFETY-EDM. SCH. DIST. 20 WOODWAY-LAW PROTECTION 21 MISCELLANEOUS POLICE SERVICES 22 FIRE DISTRICT #1 STATION BILLINGS 23 LEGAL SERVICES 24 ADULT PROBATION SERVICE CHARGE 25 BOOKING FEES 26 FIRE CONSTRUCTION INSPECTION FEES 27 EMERGENCY SERVICE FEES 28 EMS TRANSPORT USER FEE 29 FLEX FUEL PAYMENTS FROM STATIONS 30 ANIMAL CONTROL SHELTER 31 ZONINGISUBDIVISION FEE 32 PLAN CHECKING FEES 33 FIRE PLAN CHECK FEES 34 PLANNING 1 % INSPECTION FEE 35 S.E.P.A. REVIEW 36 CRITICAL AREA STUDY 37 DV COORDINATOR SERVICES 38 GYM AND WEIGHTROOM FEES 39 PROGRAM FEES 40 TAXABLE RECREATION ACTIVITIES 41 WINTER MARKET REGISTRATION FEES 42 BIRD FEST REGISTRATION FEES 43 INTERFUND REIMBURSEMENT -CONTRACT SVCS C ITY O F EDMO NDS REVENUES - GENERAL FUND 2020 Adopted 1/31/2019 1/31/2020 Amount Budget Revenues Revenues Remaining %Received $ 3,000 $ 199 $ 554 $ 2,446 180/( 600 41 21 579 30/( 11,000 1,194 1,342 9,658 120/c 300 34 - 300 00/( 300 10 10 290 30/c 11,000 812 639 10,361 60/( 1,000 102 72 928 70/c 100 - 3 97 30/( 100 - - 100 00/( 25,100 - - 25,100 00/( 600 - - 600 00/( 1,000 49 14 986 10/( 500 - - 500 00/c 125,000 16,329 12,630 112,370 100/( 1,400 - - 1,400 00/( 85,000 18,927 22,954 62,046 270/( 21,000 2,380 2,520 18,480 120/( 30,000 - - 30,000 0°/ 126,800 35,987 36,753 90,047 290/( 195,000 67,067 49,715 145,285 250/( - 1 20 (20) 00/c 52,500 13,632 16,140 36,360 310/( 1,050 161 25 1,025 20/( 45,000 3,343 3,606 41,394 80/( 3,000 181 206 2,794 70/( 10,000 1,310 1,485 8,515 1501( 3,500 310 353 3,147 100/( 1,007,500 - - 1,007,500 00/( 2,500 413 555 1,945 220/( 50 - - 50 00/( 72,600 8,240 13,740 58,860 190/( 375,900 175,500 23,846 352,054 60/( 4,000 260 5,157 (1,157) 1290/( 500 - - 500 00/( 5,000 1,340 670 4,330 130/( 14,000 1,300 1,495 12,505 110/( - 1,177 - - 00/c 15,500 1,488 1,482 14,018 100 869,162 63,043 38,235 830,927 40/( 1,300 209 - 1,300 00/( 5,000 - - 5,000 00/( 800 - - 800 00/( 3,290,838 88,157 90,609 3,200,229 30/( 6,418,500 503,194 324,853 6,093,647 5°/ 4 Packet Pg. 142 1 2.1.a Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Revenues Revenues Remaining %Received FINES AND PENALTIES: 1 PROOF OF VEHICLE INS PENALTY 2 TRAFFIC INFRACTION PENALTIES 3 NC TRAFFIC INFRACTION 4 CRT COST FEE CODE LEG ASSESSMENT (LGA) 5 NON -TRAFFIC INFRACTION PENALTIES 6 OTHERINFRACTIONS'04 7 PARKING INFRACTION PENALTIES 8 PARK/INDDISZONE 9 DWI PENALTIES 10 DUI - DP ACCT 11 CRIM CNV FEE DUI 12 DUI - DP FEE 13 OTHER CRIMINAL TRAF MISDEM PEN 14 CRIMINAL TRAFFIC MISDEMEANOR 8/03 15 CRIMINAL CONVICTION FEE CT 16 CRIM CONV FEE CT 17 OTHER NON-T RAF MISDEMEANOR PEN 18 OTHER NON TRAFFIC MISD. 8/03 19 COURT DV PENALTY ASSESSMENT 20 CRIMINAL CONVICTION FEE CN 21 CRIM CONV FEE CN 22 PUBLIC DEFENSE RECOUPMENT 23 BANK CHARGE FOR CONY. DEFENDANT 24 COURT COST RECOUPMENT 25 BUS. LICENSE PERMIT PENALTY 26 MISC FINES AND PENALTIES MISCELLANEOUS: 27 INVESTMENT INTEREST 28 INTEREST ON COUNTY TAXES 29 INTEREST - COURT COLLECTIONS 30 SPACE/FACILITIESRENTALS 31 BRACKET ROOM RENTAL 32 LEASESLONG-TERM 33 DONATION/CONTRIBUTION 34 PARKSDONATIONS 35 BIRD FEST CONTRIBUTIONS 36 POLICE CONTRIBUTIONS FROM PRIV SOURCES 37 SALE OF JUNK/SALVAGE 38 SALES OF UNCLAIM PROPERTY 39 CONFISCATED AND FORFEITED PROPERTY 40 OTHER JUDGEMENT/SETTLEMENT 41 POLICE JUDGMENT SRESTITUTION 42 CASHIERS OVERAGES/SHORTAGES 43 OTHER MISC REVENUES 44 SMALL OVERPAYMENT 45 NSF FEES - PARKS & REC 46 NSF FEES - MUNICIPAL COURT 47 US BANK REBATE TRANSFERS -IN: 48 INTERFUND TRANSFER FROM 511 49 TRANSFER FROM FUND 127 TOTAL GENERAL FUND REVENUE $ 4,000 $ 389 $ 204 $ 3,796 501( 241,000 19,787 13,159 227,841 50/c 19,000 1,092 809 18,191 40/( 20,000 1,451 1,089 18,911 501( 1,000 - - 1,000 00/( 2,000 122 148 1,852 70/( 147,000 16,078 10,570 136,430 70/( 2,500 107 272 2,228 110/( 7,000 841 603 6,397 90/( 700 61 14 686 20/( 200 4 1 199 0°/ 1,500 141 292 1,208 190/( 140 - - 140 00/c 30,000 4,360 2,257 27,743 80/( 3,600 198 220 3,380 60/( 1,000 26 17 983 20/( 100 - 9 91 9°/ 13,100 4,159 (146) 13,246 -10/c 600 19 53 547 9°/ 1,600 100 73 1,527 501( 500 7 4 496 10/c 16,000 885 492 15,508 3°/ 14,000 1,261 1,061 12,939 80/( 6,000 621 323 5,677 501( 10,100 50 - 10,100 00/( 300 595 - 300 00/( 542,940 52,352 31,521 511,419 6TN 399,400 20,117 35,988 363,412 90/( 53,440 1,442 1,281 52,159 20/( 50,950 575 364 50,586 10/( 153,000 3,324 5,314 147,686 30/( 2,100 340 200 1,900 100/( 205,000 17,238 17,584 187,416 90/( 22,500 2,758 58 22,442 00/( 3,500 100 300 3,200 90/( 2,000 - - 2,000 00/( 5,000 - - 5,000 0°/ 300 75 - 300 00/( 3,000 1,079 - 3,000 00/( 2,000 - - 2,000 00/( 2,000 - - 2,000 00/( 200 30 50 150 250/( - (150) - - 00/( 5,000 144 2,617 2,383 520/( 100 10 24 76 240/( 100 - - 100 00/c 150 - 5 145 30/( 8,500 - - 8,500 00/( 918,240 47,082 63,785 854,455 70% 1,500,000 1,500,000 00/( 35,800 35,800 00/( 1,535,800 - - 1,535,800 00% $ 43,803,858 $ 2,397,678 $ 2,376,947 $ 41,426,911 5°/ 5 Packet Pg. 143 I 2.1.a I Page I of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DEr'AIL 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (001) 1 SALARIES AND WAGES $ 17,066,688 $ 1,245,938 $ 1,283,573 $ 15,783,115 8 2 OVERTIME 491,580 56,829 43,391 448,189 9 3 HOLIDAY BUY BACK 262,020 412 - 262,020 0 4 BENEFITS 61599,678 511,977 525,968 6,073,711 8 5 UNIFORMS 90,975 16,771 11,546 79,429 13 6 SUPPLIES 422,555 34,162 32,923 389,632 8 7 SMALL EQUIPMENT 161,262 13,903 20,535 140,727 13 8 PROFESSIONAL SERVICES 14,756,123 1,467,848 878,969 13,877,154 6 9 COMMUNICATIONS 169,795 2,365 1,845 167,950 1 10 TRAVEL 78,580 459 1,207 77,373 2 11 EXCISE TAXES 6,500 146 414 6,086 6 12 RENTAL/LEASE 1,825,110 151,444 155,815 1,669,295 9 13 INSURANCE 394,124 436,448 393,746 378 100 14 UTILITIES 531,525 46,748 42,334 489,191 8 15 REPAIRS& MAINTENANCE 192,050 104,103 99,939 92,111 52 16 MISCELLANEOUS 509,660 72,712 74,278 435,382 15 17 INTERGOVERNMENTAL PAYMENTS 75,000 75,000 75,000 - 100 18 INTERFUND SUBSIDIES 3,256,870 - - 3,256,870 0 19 MACHINERY/EQUIPMENT 48,120 - - 48,120 0 20 CONSTRUCTION PROJECTS 1,000,000 - - 1,000,000 0 21 GENERAL OBLIGATION BOND PRINCIPAL 168,850 - - 168,850 0 22 OTHER INTEREST & DEBT SERVICE COSTS 500 - - 500 0 23 INTEREST ON LONG-TERM EXTERNAL DEBT 137,250 - - 137,250 0 $ 48,244,815 $ 4,237,264 $ 3,641,481 $ 44,603,334 8 LEO FF-MEDICAL INS. RESERVE (009) 24 BENEFITS $ 206,650 $ 21,132 $ 5,211 $ 201,439 3 25 PENSION AND DISABILITY PAYMENTS 252,990 15,900 14,615 238,375 6 26 PROFESSIONAL SERVICES 7,000 - - 7,000 0 27 MISCELLANEOUS 500 - - 500 0 467,140 37,032 19,826 447,314 4 HISTORIC PRESERVATION GIFTFUND (014) 28 SUPPLIES $ 100 $ - $ - $ 100 0 29 PROFESSIONAL SERVICES 200 - - 200 0 30 MISCELLANEOUS 5,600 5,533 - 5,600 0 5,900 5,533 - 5,900 0 EDMONDS OPIOID RESPONSEFUND (019) 31 INTERFUND SUBSIDIES $ 21,555 $ - $ - $ 21,555 0 $ 21,555 $ - $ - $ 21,555 0 DRUG INFO RCEMENTFUND (104) 32 PROFESSIONAL SERVICES $ 45,000 $ - $ $ 45,000 0 33 REPAIR/MAINT 800 - 800 0 45,800 - S 45,800 0 6 Packet Pg. 144 I 2.1.a I Page 2 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DEfAIL 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent STREETFUND (111) 1 SALARIES AND WAGES $ 723,081 S 37,696 $ 56,318 $ 666,763 8 2 OVERTIME 18,400 756 9,926 8,474 54 3 BENEFITS 309,539 16,491 28,971 280,568 9 4 UNIFORMS 6,000 - - 6,000 0 5 SUPPLIES 263,000 - 17,123 245,877 7 6 SMALL EQUIPMENT 20,000 14 - 20,000 0 7 PROFESSIONAL SERVICES 27,930 456 452 27,478 2 8 COMMUNICATIONS 4,500 145 130 4,370 3 9 TRAVEL 1,000 - - 1,000 0 10 RENTAL/LEASE 230,450 22,224 19,063 211,387 8 11 INSURANCE 145,219 156,514 156,937 (11,718) 108 12 UTILITIES 280,918 2,198 18,654 262,264 7 13 REPAIRS& MAINTENANCE 52,000 - 3,814 48,186 7 14 MISCELLANEOUS 13,000 - - 13,000 0 15 MACHINERY/EQUIPMENT 40,000 - - 40,000 0 16 GENERAL OBLIGATION BOND PRINCIPAL 4,170 - - 4,170 0 17 INTEREST 510 - - 510 0 $ 2,139,717 $ 236,493 $ 311,388 $ 1,828,329 15 COMBINED STREETCONST/IMPROVE(112) 18 PROFESSIONAL SERVICES $ 444,290 $ - $ - $ 444,290 0 19 MISCELLANEOUS - 8 (8) 0 20 INTERFUND SUBSIDIES 40,140 - - 40,140 0 21 CONSTRUCTION PROJECTS 1,844,852 385 41,479 1,803,373 2 22 INTERGOVERNMENTAL LOANS 72,220 - - 72,220 0 23 INTEREST 1,970 - - 1,970 0 $ 2,403,472 $ 385 $ 41,487 $ 2,361,985 2 MUNICIPAL ARTS ACQUIS. FUND (117) 24 SUPPLIES $ 4,700 $ - $ - $ 4,700 0 25 SMALL EQUIPMENT 1,700 - - 1,700 0 26 PROFESSIONAL SERVICES 228,500 4,793 4,046 224,454 2 27 TRAVEL 80 - - 80 0 28 RENTAL/LEASE 2,000 2,000 0 29 REPAIRS & MAINTENANCE 300 - - 300 0 30 MISCELLANEOUS 6,600 875 919 5,681 14 $ 243,880 $ 5,668 $ 4,965 $ 238,915 2 HO TEL/MO TEL TAX REVENUE FUND (120) 31 PROFESSIONAL SERVICES $ 86,987 $ 1,866 $ 1,866 $ 85,121 2 32 MISCELLANEOUS 6,763 583 500 6,263 7 33 INTERFUND SUBSIDIES 4,000 - - 4,000 0 34 MACHINERY/EQUIPMENT 25,000 - - 25,000 0 $ 122,750 $ 2,449 $ 2,366 $ 120,384 2 EMPLO YEE PARIONG PERMIT FUND (121) 35 SUPPLIES $ 1,790 $ $ - $ 1,790 0 36 PROFESSIONAL SERVICES 25,090 - 25,090 0 $ 26,880 $ - $ - $ 26,880 0 YOUTH SCHOLARSHIP FUND (122) 37 MISCELLANEOUS $ 3,000 $ 645 $ 300 $ 2,700 10 $ 3,000 $ 645 $ 300 $ 2,700 10 TO URISM PRO MO TIO NAL FUND/ARTS (123) 38 PROFESSIONAL SERVICES $ 33,900 $ - $ 468 $ 33,432 1 $ 33,900 $ - $ 468 $ 33,432 1 7 Packet Pg. 145 I 2.1.a I Page 3 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXCISE TAX (125) 1 SUPPLIES $ 21,000 $ 1,618 $ - $ 21,000 0 2 PROFESSIONAL SERVICES 443,442 1,938 - 443,442 0 3 REPAIRS & MAINTENANCE 164,000 - - 164,000 0 4 CONSTRUCTION PROJECTS 2,439,174 141 - 2,439,174 0 $ 3,067,616 $ 3,696 $ - $ 3,067,616 0 REAL ESTATE EXCISE TAXI, PARKS AC Q (126) 5 PROFESSIONAL SERVICES 6 REPAIRS & MAINTENANCE 7 INTERFUND SUBSIDIES 8 LAND 9 CONSTRUCTION PROJECTS 10 GENERAL OBLIGATION BONDS 11 INTEREST GIFTS CATALOG FUND (127) 12 SUPPLIES 13 PROFESSIONAL SERVICES 14 REPAIRS & MAINTENANCE 15 MISCELLANEOUS 16 INTERFUND SUBSIDIES C EMEIERY MAINTENANC FIIMPRO VEMENT (130) 17 SALARIES AND WAGES 18 OVERTIME 19 BENEFIT S 20 UNIFORMS 21 SUPPLIES 22 SUPPLIES PURCHASED FOR INVENTORY/RESALE 23 SMALL EQUIPMENT 24 PROFESSIONAL SERVICES 25 COMMUNICATIONS 26 TRAVEL 27 RENTAL/LEASE 28 UTILITIES 29 REPAIRS & MAINTENANCE 30 MISCELLANEOUS SISTER CITY COMMISSION (138) 31 SUPPLIES 32 TRAVEL 33 MISCELLANEOUS BUSINESS IMPROVEMIENTDISTRICT FUND (140) 34 SUPPLIES 35 PROFESSIONAL SERVICES 36 MISCELLANEOUS LID FUND C O NTRO L (211) 37 INTERFUND SUBSIDIES 2012 LTGO DEBT SERVIC FUND (231) 38 GENERAL OBLIGATION BOND 39 INTEREST $ 817,187 $ $ - 817,187 0 32,735 7,253 25,482 22 139,415 - 139,415 0 300,000 - 300,000 0 1,344,513 - 6,474 1,338,039 0 24,220 - - 24,220 0 2,970 - 2,970 0 $ 2,661,040 $ $ 13,727 $ 2,647,313 1 $ 43,320 $ $ 2,762 $ 40,558 6 6,500 - 6,500 0 14,000 - 14,000 0 600 - - 600 0 35,800 - - 35,800 0 $ 100,220 $ - $ 2,762 $ 97,458 3 $ 97,476 $ 6,585 $ 6,938 $ 90,538 7 3,500 456 - 3,500 0 42,029 3,131 3,050 38,979 7 1,000 225 - 1,000 0 7,000 - - 7,000 0 20,000 916 150 19,850 1 - 1,246 - - 0 4,200 - - 4,200 0 1,700 131 139 1,561 8 500 - - 500 0 8,230 522 686 7,544 8 5,652 - - 5,652 0 500 - - 500 0 4,000 338 - 4,000 0 $ 195,787 $ 13,549 $ 10,963 $ 184,824 6 $ 1,500 $ - $ - $ 1,500 0 4,500 - - 4,500 0 5,900 - - 5,900 0 $ 11,900 $ - $ - $ 11,900 0 $ 11,850 $ 4,187 $ 4,388 $ 7,462 37 66,035 600 701 65,334 1 2,625 276 - 2,625 0 80,510 5,063 $ 5,089 $ 75,421 6 $ 12,400 $ $ $ 12,400 0 $ 12,400 $ $ $ 12,400 0 $ 643,810 $ $ - $ 643,810 0 94,590 - 94,590 0 $ 738,400 $ $ - $ 738,400 0 O N Q-' 2 C O C LL t C O 2 0 N O N tv 7 C tv 8 Packet Pg. 146 I 2.1.a I Page 4 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS CONSTRUCTION FUND (332) 1 PROFESSIONAL SERVICES $ 282,630 $ - $ - $ 282,630 0 2 INTERFUND SUBSIDIES 112,920 - - 112,920 0 3 CONSTRUCTION PROJECTS 11,547,080 11,686 - 11,547,080 0 $ 11,942,630 $ 11,686 $ - $ 11,942,630 0 WATER FUND (421) 4 SALARIES AND WAGES 5 OVERTIME 6 BENEFIT S 7 UNIFORMS 8 SUPPLIES 9 WATER PURCHASED FOR RESALE 10 SUPPLIES PURCHASED FOR INVENTORY/RESALE 11 SMALL EQUIPMENT 12 PROFESSIONAL SERVICES 13 COMMUNICATIONS 14 T RAVEL 15 EXCISE TAXES 16 RENTAL/LEASE 17 INSURANCE 18 UTILITIES 19 REPAIRS & MAINTENANCE 20 MISCELLANEOUS 21 INTERFUND SUBSIDIES 22 CONSTRUCTION PROJECTS 23 GENERAL OBLIGATION BONDS 24 REVENUE BONDS 25 INTERGOVERNMENTAL LOANS 26 INTEREST $ 845,871 $ 66,194 $ 75,363 $ 770,508 9 24,000 2,084 1,208 22,792 5 363,882 36,381 28,144 335,738 8 4,000 - - 4,000 0 150,000 1,828 - 150,000 0 2,170,000 117,872 119,857 2,050,143 6 170,000 13,278 15,716 154,284 9 11,000 14 1,042 9,958 9 1,571,391 33,966 31,465 1,539,926 2 30,000 966 1,027 28,973 3 200 - - 200 0 1,649,700 130,154 121,017 1,528,683 7 133,158 12,673 10,784 122,374 8 52,865 55,096 52,541 324 99 35,775 2,348 2,745 33,030 8 75,830 9,757 12,967 62,863 17 131,400 8,683 8,707 122,693 7 650,870 - - 650,870 0 3,755,382 1,898 - 3,755,382 0 2,800 - - 2,800 0 370,960 - - 370,960 0 25,840 - - 25,840 0 211,190 - - 211,190 0 $ 12,436,114 $ 493,192 $ 482,583 $ 11,953,531 4 STORM FUND (422) 27 SALARIES AND WAGES $ 728,080 $ 60,000 $ 51,356 $ 676,725 7 28 OVERTIME 6,000 2,821 2,700 3,300 45 29 BENEFITS 334,154 30,116 25,827 308,327 8 30 UNIFORMS 6,500 - 396 6,104 6 31 SUPPLIES 46,000 - - 46,000 0 32 SMALL EQUIPMENT 4,000 14 - 4,000 0 33 PROFESSIONAL SERVICES 2,534,067 24,243 58,506 2,475,561 2 34 COMMUNICATIONS 3,200 57 44 3,156 1 35 TRAVEL 4,300 - - 4,300 0 36 EXCISE TAXES 10 470,100 36,084 38,496 431,604 8 37 RENTAL/LEASE 270,830 20,093 25,465 245,365 9 38 INSURANCE 118,263 127,548 116,576 1,687 99 39 UTILITES 11,025 1,264 1,418 9,607 13 40 REPAIR & MAINTENANCE 19,130 9,605 12,967 6,163 68 41 MISCELLANEOUS 158,100 7,954 16,246 141,854 10 42 INTERFUND SUBSIDIES 282,550 - - 282,550 0 43 CONSTRUCTION PROJECTS 2,894,676 125 3,271 2,891,405 0 44 GENERAL OBLIGATION BONDS 102,030 - - 102,030 0 45 REVENUE BONDS 181,210 - - 181,210 0 46 INTERGOVERNMENTAL LOANS 60,760 - - 60,760 0 47 INTEREST 122,400 - - 122,400 0 $ 8,357,375 $ 319,923 $ 353,267 $ 8,004,108 4 9 Packet Pg. 147 Page 5 of 6 CITY OFEDMONDS EXPENDITURES BY FUND - DETAIL 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 1,953,719 $ 173,594 $ 160,318 $ 1,793,401 8 2 OVERTIME 95,000 8,818 15,777 79,223 17 3 BENEFITS 854,294 67,963 76,692 777,602 9 4 UNIFORMS 9,500 1,787 1,891 7,609 20 5 SUPPLIES 421,000 9,482 21,331 399,669 5 6 FUEL CONSUMED 60,000 647 2,399 57,601 4 7 SUPPLIES PURCHASED FOR INV OR RESALE 4,000 - - 4,000 0 8 SMALL EQUIPMENT 35,000 14 5,465 29,535 16 9 PROFESSIONAL SERVICES 2,111,161 42,862 79,915 2,031,246 4 10 COMMUNICATIONS 43,000 1,311 1,431 41,569 3 11 TRAVEL 5,000 - - 5,000 0 12 EXCISE TAXES 978,000 92,184 91,033 886,967 9 13 RENTAL/LEASE 311,966 30,037 30,931 281,035 10 14 INSURANCE 182,121 184,604 174,140 7,981 96 15 UTILITIES 1,540,685 30,556 32,440 1,508,245 2 16 REPAIR & MAINTENANCE 745,630 30,230 35,574 710,056 5 17 MISCELLANEOUS 127,650 4,018 6,831 120,819 5 18 INTERFUND SUBSIDIES 6,786,141 - - 6,786,141 0 19 CONSTRUCTION PROJECTS 13,750,578 3,200 - 13,750,578 0 20 GENERAL OBLIGATION BONDS 154,660 - - 154,660 0 21 REVENUE BONDS 82,840 - - 82,840 0 22 INTERGOVERNMENTAL LOANS 173,210 - - 173,210 0 23 INTEREST 68,270 - - 68,270 0 $ 30,493,425 $ 681,307 $ 736,167 $ 29,757,258 2 BOND RESERVE FUND (424) 24 REVENUE BONDS $ 755,020 $ - $ - $ 755,020 0 25 INTEREST 1,233,110 - - 1,233,110 0 $ 1,988,130 $ - $ - $ 1,988,130 0 O sZ d Q-' C eo C M 21 t C O 2 O N O N M 7 C cc 10 Packet Pg. 148 I 2.1.a I Page 6 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent EQ UIPMENT RENTAL FUND (511) 1 SALARIES AND WAGES $ 266,952 $ 22,070 $ 22,831 $ 244,121 9 2 OVERTIME 2,000 - 606 1,394 30 3 BENEFITS 112,598 9,145 9,923 102,675 9 4 UNIFORMS 1,000 25 31 969 3 5 SUPPLIES 130,000 3,476 4,008 125,992 3 6 FUEL CONSUMED 1,000 - - 1,000 0 7 SUPPLIES PURCHASED FOR INVENTORY/RESALE 243,000 4,786 6,359 236,641 3 8 SMALL EQUIPMENT 58,000 189 - 58,000 0 9 PROFESSIONAL SERVICES 46,750 165 445 46,305 1 10 COMMUNICATIONS 3,000 126 121 2,879 4 11 TRAVEL 1,000 - - 1,000 0 12 RENTAL/LEASE 12,750 1,138 1,019 11,731 8 13 INSURANCE 27,848 30,167 40,270 (12,422) 145 14 UTILITIES 14,500 1,641 1,985 12,515 14 15 REPAIRS& MAINTENANCE 60,000 1,128 1,495 58,505 2 16 MISCELLANEOUS 12,000 - - 12,000 0 17 INTERGOVERNMENTAL SERVICES 1,500,000 - - 1,500,000 0 18 MACHINERY/EQUIPMENT 678,000 35,516 1,412 676,588 0 $ 3,170,398 $ 109,570 $ 90,505 $ 3,079,893 3 TECHNOLOGY RENTAL FUND (512) 19 SALARIES AND WAGES $ 369,264 $ 23,611 $ 25,102 $ 344,162 7 20 OVERTIME 2,000 - - 2,000 0 21 BENEFITS 124,590 7,997 8,542 116,049 7 22 SUPPLIES 5,000 56 - 5,000 0 23 SMALL EQUIPMENT 137,700 6,188 - 137,700 0 24 PROFESSIONAL SERVICES 159,810 - - 159,810 0 25 COMMUNICATIONS 58,770 3,607 4,345 54,425 7 26 TRAVEL 1,500 - - 1,500 0 27 RENTAL/LEASE 7,490 669 374 7,116 5 28 REPAIRS & MAINTENANCE 287,660 114,883 39,671 247,989 14 29 MISCELLANEOUS 5,000 - 3,853 1,147 77 30 MACHINERY/EQUIPMENT 66,000 - - 66,000 0 $ 1,224,784 $ 157,010 $ 81,888 $ 1,142,896 7 FH2F1VIEN'S PENSION FUND (617) 31 BENEFITS $ 23,000 $ 4,221 $ 2,969 $ 20,031 13 32 PENSION AND DISABILITY PAYMENTS 54,500 4,536 5,202 49,298 10 33 PROFESSIONAL SERVICES 1,200 - - 1,200 0 $ 78,700 $ 8,757 $ 8,172 $ 70,528 10 TOTAL EXPENDITURE ALL FUNDS $ 130,318,238 $ 6,329,220 $ 5,807,404 $ 124,510,834 4 O Q d C co C LL t C O 0 N 0 tV to 7 C to a 11 Packet Pg. 149 2.1.a Page 1 of 1 C ITY O F EDMO NDS EXPENDPTURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK FINANCE CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICES/ECONOMIC DEV DEVELOPMENT SERVICES PARKS& RECREATION PUBLIC WORKS ADMINISTRATION FACILITIES MAINTENANCE % Spent $ 418,912 $ 22,406 $ 23,825 $ 395,087 6% 306,685 24,303 28,750 277,935 9% 683,633 48,901 68,346 615,287 10% 1,138,771 70,858 79,231 1,059,540 7% 726,962 70,355 83,447 643,515 11% sZ 1,289,583 128,270 148,549 1,141,034 12% 912,540 47,964 49,883 862,657 5% 15,311,987 1,939,971 1,280,852 14,031,135 8% 11,951,730 927,983 887,236 11,064,494 7% C LL 754,493 39,270 40,001 714,492 5% t 3,417,709 212,448 241,446 3,176,263 7% r� Q 4,531,451 280,923 278,296 4,253,155 6% 0 3,538,610 250,824 254,086 3,284,524 7% N N 3,261,749 172,786 177,532 3,084,217 5% cv $ 48,244,815 $ 4,237,264 $ 3,641,481 $ 44,603,334 8% C ITY O F EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2020 Adopted Budget 1/31/2019 Expenditures 1/31/2020 Expenditures Amount Remaining %Spent WATER UTILITY FUND $ 12,436,114 $ 493,192 $ 482,583 $ 11,953,531 4% STORM UTILITY FUND 8,357,375 319,923 353,267 8,004,108 4% SEWER/WWTP UTILITY FUND 30,493,425 681,307 736,167 29,757,258 2% BOND RESERVE FUND 1,988,130 - - 1,988,130 0% $ 53,275,044 $ 1,494,422 $ 1,572,016 $ 51,703,028 3% 12 Packet Pg. 150 Page 1 of 4 C ITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2020 Adopted Budget 1/31/2019 Expenditures 1/31/2020 Expenditures Amount Remaining %Spent CITY COUNCIL SALARIES $ 191,224 $ 13,601 $ 14,933 $ 176,291 8% OVERTIME 1,000 - - 1,000 0% BENEFITS 95,736 7,701 7,675 88,061 8% SUPPLIES 2,500 - 49 2,451 2% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 62,160 - 62,160 0% COMMUNICATIONS 5,000 - - 5,000 0% TRAVEL 17,500 90 90 17,410 1 % RENTAL/LEASE 12,292 1,014 1,078 11,214 9% REPAIRS/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 30,000 - 30,000 0% $ 418,912 $ 22,406 $ 23,825 $ 395,087 6% OFFICEOFMAYOR SALARIES $ 222,432 $ 17,912 $ 18,536 $ 203,896 8% BENEFITS 54,043 4,366 8,844 45,199 16% SUPPLIES 1,500 - 54 1,446 4% PROFESSIONAL SERVICES 3,000 - - 3,000 0% COMMUNICATION 1,400 - 1,400 0% TRAVEL 3,000 - - 3,000 0% RENTAL/LEASE 16,860 1,026 1,317 15,543 8% MISCELLANEOUS 4,450 1,000 - 4,450 0% $ 306,685 $ 24,303 $ 28,750 $ 277,935 9% HUMAN RFS O URC FS SALARIES $ 356,658 $ 20,780 $ 29,761 $ 326,897 8% BENEFITS 142,458 7,775 11,697 130,761 8% SUPPLIES 12,300 141 70 12,230 1 % SMALL EQUIPMENT 300 - - 300 0% PROFESSIONAL SERVICES 103,000 1,180 1,041 101,959 1% COMMUNICATIONS 1,550 - - 1,550 0% TRAVEL 1,000 - - 1,000 0% RENTAL/LEASE 31,921 2,120 2,557 29,364 8% REPAIR/MAINTENANCE 8,380 7,571 7,832 548 93% MISCELLANEOUS 26,066 9,334 15,388 10,678 59% $ 683,633 $ 48,901 $ 68,346 $ 615,287 10% MUNICIPAL C O URT SALARIES $ 647,030 $ 43,948 $ 51,891 $ 595,140 8% OVERTIME 800 68 19 781 2% BENEFITS 223,319 15,746 20,671 202,648 9% SUPPLIES 10,600 - 232 10,368 2% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 124,925 3,147 124,925 0% COMMUNICATIONS 3,550 67 3,550 0% TRAVEL 6,500 - - 6,500 0% RENTAL/LEASE 67,947 5,344 5,429 62,518 8% REPAIR/MAINTENANCE 4,880 - - 4,880 0% MISCELLANEOUS 25,100 2,538 989 24,111 4% MACHINERY/EQUIPMENT 23,120 23,120 0% $ 1,138,771 $ 70,858 $ 79,231 $ 1,059,540 7% 13 Packet Pg. 151 1 I 2.1.a I Page 2 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent CITY C LERK SALARIES AND WAGES $ 376,214 $ 28,757 $ 33,945 $ 342,269 9% BENEFITS 156,718 13,067 14,324 142,394 9% SUPPLIES 10,240 156 266 9,974 3% PROFESSIONAL SERVICES 37,410 1,724 459 36,952 1% COMMUNICATIONS 40,000 - - 40,000 0% TRAVEL 2,000 - - 2,000 0% RENTAL/LEASE 63,850 3,596 5,357 58,493 8% REPAIRS & MAINTENANCE 32,530 22,260 28,915 3,615 89% MISCELLANEOUS 8,000 796 181 7,819 2% $ 726,962 $ 70,355 $ 83,447 $ 643,515 11% FINANCE SALARIES $ 870,882 $ 61,354 $ 72,777 $ 798,105 8% OVERTIME 4,500 - - 4,500 0% BENEFITS 289,923 20,197 25,511 264,412 9% SUPPLIES 7,350 102 391 6,959 5% SMALL EQUIPMENT 2,650 - - 2,650 0% PROFESSIONAL SERVICES 9,300 - 9,300 0% COMMUNICATIONS 2,000 - 2,000 0% TRAVEL 3,100 - - 3,100 0% RENTAL/LEASE 50,048 4,118 4,857 45,191 10% REPAIR/MAINTENANCE 41,480 42,499 43,963 (2,483) 106% MISCELLANEOUS 8,350 1,051 7,299 13% $ 1,289,583 $ 128,270 $ 148,549 $ 1,141,034 12% CITY ATTO RNEY PROFESSIONAL SERVICES $ 912,540 $ 47,964 $ 49,883 $ 862,657 5% $ 912,540 $ 47,964 $ 49,883 $ 862,657 5% NON-DEPARTMINTAL SALARIES $ 101,750 $ - $ - $ 101,750 0% BENEFITS -UNEMPLOYMENT 50,000 13,664 84 49,916 0% SUPPLIES 5,000 34 195 4,805 4% PROFESSIONAL SERVICES 11,009,120 1,373,301 767,851 10,241,269 7% EXCISE TAXES 6,500 146 414 6,086 6% RENTAL/LEASE 15,249 996 1,689 13,560 11% INSURANCE 394,124 436,448 393,746 378 100% MISCELLANEOUS 91,774 40,382 41,874 49,900 46% ECA LOAN PAYMENT 75,000 75,000 75,000 - 100% INTERFUND SUBSIDIES 3,256,870 - - 3,256,870 0% GENERAL OBLIGATION BOND 168,850 - 168,850 0% INTEREST ON LONG-TERM DEBT 137,250 - 137,250 0% FISCAL AGENT FEES 500 - - 500 0% $ 15,311,987 $ 1,939,971 $ 1,280,852 $ 14,031,135 8% O Q d Q-' C O C LL t C O O N O N O 7 C O a 14 Packet Pg. 152 I 2.1.a I Page 3 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent PO LIC E S ERVIC ES SALARIES $ 6,968,887 $ 531,645 $ 514,591 $ 6,454,296 7% OVERTIME 461,280 51,171 38,819 422,461 8% HOLIDAY BUYBACK 262,020 412 - 262,020 0% BENEFITS 2,769,042 215,754 215,970 2,553,072 8% UNIFORMS 80,750 13,948 11,050 69,700 14% SUPPLIES 90,500 13,312 5,234 85,266 6% SMALL EQUIPMENT 127,739 12,204 19,887 107,852 16% PROFESSIONAL SERVICES 224,548 9,752 9,509 215,039 4% COMMUNICATIONS 36,000 288 275 35,725 1% TRAVEL 29,310 (11) 1,075 28,235 4% RENTAL/LEASE 826,124 76,232 68,320 757,804 8% REPAIR/MAINTENANCE 15,180 970 907 14,273 6% MISCELLANEOUS 60,350 2,307 1,598 58,752 3% $ 11,951,730 $ 927,983 $ 887,236 $ 11,064,494 7% C O MMUNITY S ERVIC ES /EC O N DEV. SALARIES $ 357,423 $ 20,037 $ 21,050 $ 336,373 6% BENEFITS 114,637 6,414 6,864 107,773 6% SUPPLIES 7,475 5,500 6,376 1,099 85% SMALL EQUIPMENT 4,173 - - 4,173 0% PROFESSIONAL SERVICES 207,400 4,750 4,250 203,150 2% COMMUNICATIONS 2,975 21 21 2,954 1% TRAVEL 2,000 - - 2,000 0% RENTAL/LEASE 13,410 939 982 12,428 7% REPAIR/MAINTENANCE 10,500 - - 10,500 0% MISCELLANEOUS 9,500 1,610 460 9,040 5% MACHINERY/EQUIPMENT 25,000 25,000 0% $ 754,493 $ 39,270 $ 40,001 $ 689,492 5% DEVELOPMENT SERVICES/PLANNING SALARIES $ 1,760,943 $ 129,582 $ 140,364 $ 1,620,579 8% OVERTIME 1,300 1,556 3,056 (1,756) 235% BENEFITS 658,292 51,981 53,307 604,985 8% UNIFORMS 500 - - 500 0% SUPPLIES 17,100 150 557 16,543 3% SMALL EQUIPMENT 7,300 - 648 6,652 9% PROFESSIONAL SERVICES 721,380 16,398 24,915 696,465 3% COMMUNICATIONS 9,000 - - 9,000 0% TRAVEL 6,800 - 42 6,758 1% RENTAL/LEASE 170,234 11,822 14,066 156,168 8% REPAIRS & MAINTENANCE 6,800 - - 6,800 0% MISCELLANEOUS 58,060 958 4,492 53,568 8% $ 3,417,709 $ 212,448 $ 241,446 $ 3,176,263 7% ENGINEERING SALARIES $ 1,772,804 $ 137,870 $ 139,971 $ 1,632,833 8% OVERTIME 5,000 1,397 891 4,109 18% BENEFITS 701,327 56,864 59,272 642,055 8% UNIFORMS 450 - - 450 0% SMALL EQUIPMENT 2,200 - 2,200 0% PROFESSIONAL SERVICES 188,840 - 188,840 0% COMMUNICATIONS 19,600 19 20 19,580 0% TRAVEL 600 380 - 600 0% RENTAL/LEASE 134,995 10,078 11,030 123,965 8% REPAIR/MAINTENANCE 2,600 - - 2,600 0% MISCELLANEOUS 80,000 4,401 1,107 78,893 1% $ 2,908,416 $ 211,009 $ 212,290 $ 2,696,126 7% 15 Packet Pg. 153 Page 4 of 4 C ITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2020 Adopted 1/31/2019 1/31/2020 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS & RECREATION SALARIES $ 2,272,394 $ 151,994 $ 150,486 $ 2,121,908 7% OVERTIME 10,000 213 70 9,930 1% BENEFITS 864,290 59,864 61,215 803,075 7% UNIFORMS 6,275 2,702 255 6,020 4% SUPPLIES 137,390 9,195 11,759 125,631 9% SMALL EQUIPMENT 10,900 - - 10,900 0% PROFESSIONAL SERVICES 566,300 3,016 4,647 561,653 1% COMMUNICATIONS 31,370 257 347 31,023 1% TRAVEL 5,270 - - 5,270 0% RENTAL/LEASE 268,945 22,094 26,891 242,054 10% PUBLIC UTILITY 230,507 16,624 14,891 215,616 6% REPAIR/MAINTENANCE 29,700 7,473 596 29,104 2% MISCELLANEOUS 98,110 7,492 7,139 90,971 7% $ 4,531,451 $ 280,923 $ 278,296 $ 4,253,155 6% PUBLIC WORKS ADMINIS TRATIO N SALARIES OVERTIME BENEFIT S SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINTENANCE MISCELLANEOUS FACILITIES MAINTENANCE SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINTENANCE MISCELLANEOUS CONSTRUCTION PROJECTS TOTAL GENERAL FUND EXPENDITURES $ 380,790 $ 23,413 $ 24,320 $ 356,470 6% 200 - - 200 0% 131,041 8,499 8,940 122,101 7% 8,600 28 138 8,462 2% 1,000 - - 1,000 0% 200 7 5 195 3% 1,350 31 24 1,326 2% 500 - - 500 0% 97,295 7,504 7,997 89,298 8% 3,318 333 373 2,945 11% 1,000 - - 1,000 0% 4,900 - - 4,900 0% $ 630,194 $ 39,815 $ 41,796 $ 588,398 7% 787,257 65,044 70,950 716,307 9% 7,500 2,424 536 6,964 7% 348,852 30,085 31,593 317,259 9% 3,000 120 241 2,759 8% 112,000 5,544 7,604 104,396 7% 3,000 1,700 - 3,000 0% 586,000 6,609 16,409 569,591 3% 16,000 1,682 1,158 14,842 7% 1,000 - - 1,000 0% 55,940 4,561 4,245 51,695 8% 297,700 29,792 27,069 270,631 9% 38,500 23,330 17,726 20,774 46% 5,000 1,895 - 5,000 0% 1,000,000 1,000,000 0% $ 3,261,749 $ 172,786 $ 177,532 $ 3,084,217 5% $ 48,244,815 $ 4,237,264 $ 3,641,481 $ 44,578,334 8% 16 Packet Pg. 154 I 2.1.a I City of Edmonds, WA Monthly Revenue Summary -General Fund 2020 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 2,268,566 $ 2,268,566 $ 2,376,947 4.78% February 4,691,126 2,422,561 March 7,266,880 2,575,754 April 10,692,952 3,426,071 May 19,106,714 8,413,763 June 21,647,824 2,541,110 July 23,877,268 2,229,444 August 26,676,397 2,799,129 September 28,994,457 2,318,060 October 32,807,559 3,813,102 November 41,358,012 8,550,454 December 43,803,858 2,445,846 City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2020 Real Estate Excise Tax 1 & 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 193,769 $ 193,769 $ 323,203 66.80% February 345,606 151,837 March 547,140 201,534 April 740,550 193,410 May 973,673 233,123 June 1,219,609 245,935 July 1,532,815 313,206 August 1,804,669 271,854 September 2,081,138 276,470 October 2,301,037 219,898 November 2,520,239 219,202 December 2,700,000 179,761 *The monthly budget forecast columns are based on a five-year average. 17 Packet Pg. 155 SALES TAX SUMMARY I 2.1.a I Accommodation, $2,982 Communications, $18,709 Clothing and Accessories, $25,477 - Wholesale Trade,. $25,127 Sales Tax Analysis By Category Current Period: January 2020 Year -to -Date Total $692,248 Automotive Repair, Health & Personal Care, $13,886 $19,083 Amusement & Construction Trade, Recreation, $7,648 $102,171 Business Services, $65,949 k Gasoline, $2,851 Retail Food Stores, $25,452 Misc Retail, $115,630 L Retail Automotive, $169,158 Manufacturing, $7,060 Others, $8,011 Eating & Drinking, $83,053 Annual Sales Tax Revenue 10,000, 000 $8,406,296 $8,452,715 8,000,000 7 395 114 $5,840,764 $6,741,838 $6,905,122 6,000,000 4,000,000 2,000,000 $692,248 0 2014 2015 2016 2017 2018 2019 YTD 2020 18 Packet Pg. 156 City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2020 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 634,902 $ 634,902 $ 692,248 9.03% February 1,436,667 801,765 March 2,031,860 595,193 April 2,597,573 565,713 May 3,324,621 727,048 June 3,990,697 666,076 July 4,697,452 706,756 August 5,482,731 785,279 September 6,213,489 730,757 October 6,961,050 747,562 November 7,750,015 788,965 December 8,450,000 699,985 Gas Utility Tax Sales and Use Tax 12,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --b­ Current Year Budget Prior Year City of'Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2020 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 81,408 $ 81,408 $ 82,496 1.34% February 168,408 87,000 March 245,012 76,604 April 308,737 63,725 May 358,094 49,357 June 392,813 34,720 July 419,421 26,607 August 441,879 22,458 September 462,623 20,744 October 486,497 23,874 November 524,782 38,285 December 579,600 54,818 Gas Utility Tax 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Yeaz Budget Prior Yeaz *The monthly budget forecast columns are based on a five-year average. 19 Packet Pg. 157 I 2.1.a I City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2020 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 79,271 $ 79,271 $ 70,129-11.53% February 154,920 75,649 March 224,811 69,891 April 298,919 74,108 May 365,795 66,876 June 433,375 67,580 July 497,866 64,491 August 563,527 65,661 September 631,163 67,636 October 697,753 66,590 November 761,530 63,777 December 823,900 62,370 Electric Utility Tax 1,000,000 Telephone Utility Tax 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2020 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 176,332 $ 176,332 $ 179,486 1.79% February 369,755 193,422 March 530,960 161,206 April 710,778 179,818 May 852,710 141,933 June 974,520 121,810 July 1,088,754 114,233 August 1,199,457 110,703 September 1,311,314 111,857 October 1,428,233 116,919 November 1,552,157 123,924 December 1,684,800 132,643 *The monthly budget forecast columns are based on a five-year average. 20 Packet Pg. 158 I 2.1.a I City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2020 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 804,719 $ 804,719 $ 737,298 -8.38% February 1,363,439 558,720 March 2,170,455 807,015 April 2,696,703 526,248 May 3,481,516 784,813 June 4,099,586 618,070 July 5,087,366 987,780 August 5,941,343 853,977 September 7,092,152 1,150,809 October 7,892,798 800,646 November 8,818,044 925,246 December 9,384,958 566,914 City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2020 Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 355,919 $ 355,919 $ 348,012 1.79% February 1,125,592 769,673 March 1,480,771 355,179 April 1,795,425 314,654 May 2,150,929 355,505 June 2,466,536 315,606 July 2,822,237 355,701 August 3,592,736 770,499 September 3,947,537 354,801 October 4,262,734 315,197 November 4,618,388 355,654 December 4,921,433 303,045 Storm Water Sales 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --6-- Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. ZZ Packet Pg. 159 I 2.1.a I City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2020 Unmeter Sewer Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 843,972 $ 843,972 $ 792,168 -6.14% February 1,528,418 684,445 March 2,368,523 840,105 April 3,057,434 688,911 May 3,904,796 847,362 June 4,601,743 696,947 July 5,475,901 874,158 August 6,170,772 694,871 September 7,057,714 886,942 October 7,759,947 702,233 November 8,620,364 860,417 December 9,307,969 687,605 Unmeter Sewer Sales 10,000,000 9,000,000 8,000,000 — 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 22 Packet Pg. 160 I 2.1.a I City of Edmonds, WA Monthly Expenditure Report -General Fund 2020 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 5,552,002 $ 5,552,002 $ 3,641,481-34.41% February 8,767,174 3,215,172 March 12,306,974 3,539,800 April 16,454, 771 4,147,797 May 19,556,383 3,101,612 June 24,328,328 4,771,945 July 28,203,681 3,875,353 August 32,439,178 4,235,497 September 35,879,307 3,440,129 October 39,448,721 3,569,414 November 43,848,425 4,399,704 December 48,244,815 4,396,390 General Fund 50,000,000 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 ,, , 01 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --o—CurrentYeaz Budget �PriorYear City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2020 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 2,921,298 $ 2,921,298 $ 1,280,852-56.15% February 3,403,647 482,349 March 4,564,129 1,160,482 April 6,394, 662 1,830, 534 May 6,705,391 310,729 June 8,504,634 1,799,243 July 9,521,884 1,017,250 August 10,967,682 1,445,798 September 11,872,015 904,333 October 12,538,080 666,065 November 14,090,704 1,552,624 December 15,311,987 1,221,283 Non -Departmental 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC —0-- Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 23 Packet Pg. 161 I 2.1.a I City of Edmonds, WA Monthly Expenditure Report -City Council 2020 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 26,361 $ 26,361 $ 23,825 -9.62% February 54,130 27,769 March 88,475 34,345 April 119,273 30,799 May 158,791 39,518 June 205,911 47,121 July 239,007 33,095 August 285,476 46,469 September 323,555 38,079 October 346,924 23,369 November 382,373 35,449 December 418,912 36,539 City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2020 Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 25,001 $ 25,001 $ 28,750 15.00% February 50,898 25,897 March 76,062 25,164 April 101,769 25,706 May 126,945 25,177 June 151,749 24,804 July 177,563 25,814 August 203,939 26,376 September 229,480 25,541 October 254,419 24,939 November 279,429 25,010 December 306,685 27,256 Office of Mayor 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 0.00 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget - -Prior Year *The monthly budget forecast columns are based on a five-year average. 24 Packet Pg. 162 I 2.1.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2020 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 54,871 $ 54,871 $ 68,346 24.56% February 108,233 53,362 March 164,469 56,235 April 212,067 47,599 May 262,983 50,915 June 328,479 65,496 July 379,539 51,060 August 433,383 53,844 September 490,381 56,998 October 545,279 54,899 November 599,717 54,437 December 683,633 83,916 City of'Edmonds, WA Monthly Expenditure Report -Municipal Court 2020 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 86,636 $ 86,636 $ 79,231 -8.55% February 180,238 93,602 March 272,302 92,065 April 365,299 92,996 May 465,516 100,217 June 553,704 88,188 July 646,093 92,389 August 743,853 97,760 September 834,912 91,059 October 934,920 100,009 November 1,028,111 93,191 December 1,138,771 110,660 Municipal Court 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -0--CurrentYeaz Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. 25 Packet Pg. 163 I 2.1.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2020 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 48,717 $ 48,717 $ 40,001-17.89% February 105,184 56,467 March 163,860 58,676 April 225,798 61,938 May 283,419 57,621 June 339,825 56,406 July 400,964 61,139 August 468,596 67,632 September 527,305 58,709 October 591,621 64,317 November 661,151 69,529 December 754,493 93,342 City Clerk Community Services/Economic Development 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -d-- Prior Year City of Edmonds, WA Monthly Expenditure Report -City Clerk 2020 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 71,401 $ 71,401 $ 83,447 16.87% February 129,624 58,223 March 187,005 57,380 April 251,043 64,039 May 306,774 55,730 June 361,810 55,036 July 423,597 61,787 August 486,276 62,679 September 539,284 53,008 October 597,946 58,662 November 662,981 65,035 December 726,962 63,981 City Clerk 800,000 700,000 600,000 500,000 400,000 300,000 200,000 / 100,000 IF 0 JAN FEB MAR APR MAY � Current Year JUN JUL AUG SEP OCT NOV DEC Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 26 Packet Pg. 164 I 2.1.a I City of Edmonds, WA Monthly Expenditure Report -Technology Rental Fund 2020 Technology Rental Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 149,786 $ 149,786 $ 81,888-45.33% February 281,585 131,799 March 374,334 92,750 April 445,147 70,813 May 527,539 82,392 June 613,278 85,739 July 684,501 71,223 August 767,392 82,891 September 865,735 98,344 October 948,728 82,992 November 1,036,545 87,818 December 1,224,784 188,239 Finance Technology Rental Fund 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Finance 2020 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 124,756 $ 124,756 $ 148,549 19.07% February 235,691 110,935 March 337,197 101,506 April 438,143 100,947 May 539,685 101,542 June 639,437 99,752 July 7S0,562 111,125 August 854,084 103,522 September 970,025 115,941 October 1,081,072 111,048 November 1,184,488 103,415 December 1,289,583 105,095 Finance 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 27 Packet Pg. 165 I 2.1.a I City of Edmonds, WA Monthly Expenditure Report -City Attorney 2020 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 76,045 $ 76,045 $ 49,883-34.40% February 1S2,090 76,045 March 228,135 76,045 April 304,180 76,045 May 380,225 76,045 June 456,270 76,045 July 532,315 76,045 August 608,360 76,045 September 684,405 76,045 October 760,450 76,045 November 836,495 76,045 December 912,540 76,045 Police City Attorney 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*-- Current Year Budget � Prior Year City of'Edmonds, WA Monthly Expenditure Report -Police 2020 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 940,461 $ 940,461 $ 887,236 -5.66% February 1,891,364 950,903 March 2,844,400 953,036 April 3,808,566 964,166 May 4,764,870 956,304 June 5,757,552 992,683 July 6,727,081 969,529 August 7,664,129 937,048 September 8,620,478 956,349 October 9,688,901 1,068,423 November 10,939,777 1,250,876 December 11,951,730 1,011,953 Police 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 / 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget Prior Year *The monthly budget forecast columns are based on a five-year average. Z$ Packet Pg. 166 I 2.1.a I City of Edmonds, WA Monthly Expenditure Report -Development Services 2020 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 238,414 $ 238,414 $ 241,446 1.27% February 506,036 267,622 March 782,388 276,352 April 1,063,473 281,084 May 1,352,780 289,308 June 1,618,941 266,161 July 1,899,989 281,048 August 2,189,359 289,370 September 2,473,803 284,444 October 2,765,965 292,162 November 3,090,183 324,218 December 3,417,709 327,526 Parks &z Recreation Development Services 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --0-- Current Yeaz Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2020 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 306,369 $ 306,369 $ 278,296 -9.16% February 624,465 318,096 March 962,576 338,111 April 1,313,816 351,240 May 1,676,350 362,533 June 2,040,733 364,383 July 2,499,503 458,770 August 3,027,666 528,163 September 3,456,155 428,489 October 3,823,053 366,898 November 4,142,469 319,416 December 4,531,451 388,982 Parks & Recreation 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 29 Packet Pg. 167 I 2.1.a I City of Edmonds, WA Monthly Expenditure Report -Public Works Administration 2020 Public Works Administration Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 51,939 $ 51,939 $ 41,796-19.53% February 105,536 53,597 March 157,916 52,379 April 210,278 52,362 May 262,800 52,522 June 316,459 53,659 July 370,954 54,495 August 422,825 51,871 September 472,902 50,077 October 524,167 51,265 November 575,881 51,714 December 630,194 54,313 Facilities Maintenance Public Works Administration 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2020 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 247,119 $ 247,119 $ 177,532-28.16% February 508,098 260,979 March 770,153 262,054 April 1,025,097 254,944 May 1,287,601 262,504 June 1,510,619 223,018 July 1,795,998 285,379 August 2,058,176 262,179 September 2,349,813 291,636 October 2,613,831 264,018 November 2,934,589 320,758 December 3,261,749 327,160 *The monthly budget forecast columns are based on a five-year average. 30 Packet Pg. 168 I 2.1.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2020 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 219,750 $ 219,750 $ 212,290 -3.39% February 436,542 216,792 March 671,678 235,136 April 915,104 243,427 May 1,155,255 240,151 June 1,402,970 247,715 July 1,656,398 253,428 August 1,917,510 261,112 September 2,156,951 239,441 October 2,402,446 245,495 November 2,635,839 233,393 December 2,908,416 272,577 Engine a ring 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 31 Packet Pg. 169 I 2.1.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of January 31, 2020 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate FNMA Bonds FHLB Bonds FHLMC Bonds FNMA Bonds FNMA Bonds FHLB Bonds RFCS Bonds FNMA Bonds FNMA Bonds FHLMC Bonds FNMA Bonds FM Bonds First Financial CD FFCB Bonds FFCB Bonds FHLB Bonds First Financial CD TOTAL SECURITIES 997,300 0.16 1,000,000 999,675 03/30/20 1.38% 2,003,780 0.16 2,000,000 1,999,448 03/30/20 1.45% 2,003,868 0.24 2,000,000 1,998,898 04/28/20 1.35% 1,000,000 0.41 1,000,000 999,019 06/30/20 1.38% 1,000,000 0.41 1,000,000 999,019 06/30/20 1.38% 3,000,000 0.45 3,000,000 2,994,306 07/13/20 1.20% 1,999,698 0.45 2,120,000 2,103,091 07/15/20 1.60% 1,000,000 0.58 1,000,000 999,047 08/28/20 1.40% 1,000,000 0.58 1,000,000 999,047 08/28/20 1.40% 999,500 0.92 1,000,000 1,000,125 12/30/20 1.75% 2,005,474 0.97 2,000,000 1,996,758 01/19/21 1.50% 2,000,000 1.17 2,000,000 2,000,838 04/01/21 1.87% 3,000,000 1.19 3,000,000 3,000,000 04/10/21 2.86% 968,940 1.62 1,000,000 1,000,001 09/13/21 1.73% 1,998,548 2.37 2,000,000 2,017,370 06/14/22 1.8870 3,000,000 2.92 3,000,000 3,003,399 12/30/22 1.79% 2,803,516 3.79 2,803,516 2,803,516 11/15/23 2.10% 30,780,625 1.08 30,923,516 30,913,557 Washington State Local Gov't Investment Fool Snohomish County Local Gov't Investment Fool TOTAL PORTFOLIO Issuer Diversification Fi rst Financial - CD, 19% FNMA, 23% FM, 6%—/- FHLMC � RFCS, 7% 10% FHLB, 26% 21,887,689 21,887,689 Demand 1.72% 10,012,119 10,012,119 Demand 2.05% $ 62,823,324 $ 62,813,365 Cash and Investment Balances (in $ Millions) w- Checki ng, $3.9 , 6% Bonds, $25.1, 37% State LGIP, $21.9, 33% County LGIP, C% D's, $10.0, 15 $5.8 , 9% 32 Packet Pg. 170 1 I 2.1.a I INVESTMENT PORTFOLIO SUMMARY Edmonds Rate of Return Compared to Benchmark (Rolling 12 months) - - - 6 Month Treasury Rate (Benchmark) City Blended Rate 2.8 2.5%----------- 2.3 2.0 1.8 1.5% - - 1.3 1.0% 0.8% 0.5% 0.3% 0.0% February April June August October December Maturity Distribution and Rate of Return $14, 000,000 2.50% $12, 000,000 2.00% $10, 000,000 $8,000,000 1.50% $6,000,000 1.00% $4,000,000 $- 0.00% 0-6 Mo 6-12 M o 12-18 M o 18-24 M o 24-30 M o 30-36 M o 36-42 M o 42-48 M o 48-54 M o O LL O 2 0 N O N M 7 r- M 33 Packet Pg. 171 2.1.a GENERAL FUND OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES GENERAL FUND & SUBFUNDS ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2019 1 /31 /2020 2/29/2020 O1 YTD 001-General Fund $ 12,943,374 $ 11,678,840 $ (1,264,53, 00 009-Leoff-Medical Ins. Reserve 355,874 336,048 (19,82E 011-Risk Management Reserve Fund 1 1 - 012-Contingency Reserve Fund 1,782,149 1,782,149 - 014-Historic Preservation Gift Fund 12,187 12,187 - ii 016-Building Maintenance 210,221 210,221 - 017 - Marsh Restoration & Preservation 864,491 864,491 - 0 018 -Edmonds Homelessness Response 223,581 223,581 - 019 - Edmonds Opioid Response 50,000 50,000 - 0 c Total General Fund & Subfunds $ 16,441,878 $ 15,157,518 $ Is - $ (11284,361 N, c R *$2,000,000 of the General Fund Balance has been assigned by management for the development of Civic Field. 0 Q. m U c 0 General Fund & Subfunds E ii 21 2' t 18 0 0 Z 15 ■ General Fund N 12 & Subfunds N 9 $14.44 ■ Civic Field $13.16 c 6 f° 3 $2.00 . $2.00 E - t Dec 2019 Jan 2020 Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The ending fund balances for 2019 are preliminary, these will be updated after the completion of the 2019 Financial Statements. 34 Packet Pg. 772 GOVERNMENTAL FUNDS OVERVIEW I 2.1.a I GOVERNMENTAL FUNDS General Fund & Subfunds Special Revenue Debt Service Capital Projects Total Governmental Funds 21 18 15 12 0 9 6 3 FUND BALANCES ---- ACTUAL ---- 12/31 /2019 1 /31 /2020 2/29/2020 $ 16,441,878 $ 15,157,518 9,708,669 9,990,823 (0) (0) 6,457,953 6,489,422 $ 32,608,499 $ 31,637,762 $ - $ Governmental Fund Balances -By Fund Group Dec 2019 General Fund & $15.16 Subfunds -Special Revenue $9.99 Debt Service $6.49 —f— Capita I Projects Jan 2020 CHANGE IN FUND BALANCES ACTUAL ---- ---- Q1 YTD $ (1,284,36( 282,15z r- 0 a m 31,46E - $ (970,73 i 0 c ii t .r c 0 0 N 0 N Governmental Fund Balances - �+ Combined c cv 40 35 $32.61 30 25 0 2 20 15 10 5 Dec 2019 $31.64 Jan 2020 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The ending fund balances for 2019 are preliminary, these will be updated after the completion of the 2019 Financial Statements. 35 Packet Pg. 173 1 SPECIAL REVENUE FUNDS OVERVIEW I 2.1.a I GOVERNMENTAL SPECIAL REVENUE 104 - Drug Enforcement Fund 1 1 1 - Street Fund 112 - Combined Street Const/Improve 117 - Municipal Arts Acquis. Fund 118 - Memorial Street Tree 120 - Hotel/Motel Tax Revenue Fund 121 - Employee Parking Permit Fund 122 - Youth Scholarship Fund 123 -Tourism Promotional Fund/Arts 125 - Real Estate Tax 2 * 126 - Real Estate Excise Tax 1 127 - Gifts Catalog Fund 130 - Cemetery Maintenance/Improvement 136 - Parks Trust Fund 137 - Cemetery Maintenance Trust Fund 138 - Sister City Commission 140 -Business Improvement Disrict 141 -Affordable and Supportive Housing I'd Total Special Revenue FUND BALANCES ---- ACTUAL ---- $ 39,839 $ 39,956 1,170,146 986,170 951,428 1,047,727 634,011 630,892 19,785 19,843 86,921 90,916 86,844 95,316 13,600 13,342 70,070 71,838 2,473,194 2,642,391 2,331,719 2,486,956 332,255 331,078 260,685 261,606 163,071 163,548 1,053,314 1,057,632 10,129 10,158 11,546 35,449 112 6,007 $ 9,708,669 $ 9,990,823 $ CHANGE IN FUND BALANCE: ACTUAL *$200,000 of the fund balance in Fund 125 has been reserved for Marsh Restoration Funding Special Revenue Funds 12 10 11_� (183,97f 96,29E (3,12( �e 5E Q. 3,99E 8,47, (25£ 1,76E 169,19E ii 155,23 i (1,171 92' 2 471 N 4,31 i N 3( ?, 23,90: 5,89E 97F 9Fc 8 0 6 ■ Special $9 71 $9.99 Revenue 4 2 k A omm Dec 2019 Jan 2020 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The ending fund balances for 2019 are preliminary, these will be updated after the completion of the 2019 Financial Statements. 36 Packet Pg. 174 ENTERPRISE FUNDS OVERVIEW I 2.1.a I ENTERPRISE FUNDS 421 -Water Utility Fund 422 - Storm Utility Fund 423 - Sewer/WWTP Utility Fund 424 - Bond Reserve Fund 411 -Combined Utility Operation Total Enterprise Funds CHANGE IN FUND ---- ACTUAL ---- Q1 YTD $ 369,15! 33,42( 732,71'. 0 a 12,01! $ - $ 1,147,30] .v c c ii *$250,000 of the Storm Utility Fund Balance has been reserved for Marsh Restoration Funding. FUND BALANCES ---- ACTUAL ---- 12/31 /2019 1 /31 /2020 2/29/2020 $ 20,428,112 $ 20,797,270 10,705,958 10,739,378 43,986,493 44,719,205 843,961 843,962 - 12,015 $ 75,964,524 $ 77,111,831 $ - Enterprise and Agency Fund Balances as of January 31, 2020 50,000,000 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 $12,015 0 Combined Utility 70 78 $843,962 $138,990 Water T��Storm Sewer/WWTP Bond Reserve Firemen's Pension Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The ending fund balances for 2019 are preliminary, these will be updated after the completion of the 2019 Financial Statements. 37 Packet Pg. 175 1 2.1.a SUMMARY OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2019 1 /31 /2020 2/29/2020 Q1 YTD Governmental Funds $ 32,608,499 $ 31,637,762 $ (970,73, Enterprise Funds 75,964,524 77,111,831 1,147,301 Internal Services Fund 9,216,739 9,281,339 64,60( o Agency Funds 146,733 138,990 (7,74, 0. Total City-wide Total $117,936,495 $118,169,922 $ - $ - $ 233,421 .v c c ii t Governmental Fund Balances (Excluding General Fund) as of January 31, 2020 0 2 Drug Enforcement Fund $39,956 c Street Fund $986,170 N Combined Street Const/Improve Fund $1,047,7 7 7 Municipal Arts Acquis. Fund $630,8 2 Memorial Street Fund $19,843 Hotel/Motel Tax Revenue Fund6$261,606 O CL Employee Parking Pen -nit Fund Youth Scholarship Fund .O Tourism Promotional Fund/Arts O Real Estate Excise Tax 2 $2,642 391 IL Real Estate Excise Tax 1, Parks Acq $2,486,95 t Gifts Catalog Fund078 O Cemetery Maintenance/Improvement $163, 48 Parks Trust FundF,$35,449 0 0 N Cemetery Maintenance Trust Fund $1,057,6 2 Sister City Commission10,158 Business Improvement District C to Parks Capital Construction Fund $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 O t c� .r Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The ending fund balances for 2019 are preliminary, these will be updated after the completion of the 2019 Financial Statements. 38 Packet Pg. 776 INTERNAL SERVICE FUNDS OVERVIEW I 2.1.a I INTERNAL SERVICE FUNDS 511 - Equipment Rental Fund 512 -Technology Rental Fund Total Internal Service Funds 12,000,000 10,000,000 8,000, 000 6,000, 000 4,000, 000 2,000, 000 $8,499,629 FUND BALANCES ---- ACTUAL ---- 12/31 /2019 1 /31 /2020 $ 8,499,629 $ 8,545,732 717,110 735,607 $ 9,216,739 $ 9,281,339 $ Internal Service Fund Balances $8,545,732 Dec 2019 Jan 2020 2/29/2020 aIR CHANGE IN FUND BALANCES ---- ACTUAL ---- Q1 YTD $ 46,10. o 18,491 $ 64,60( 2 c c ii t .r c 0 0 N 0 N R c R ■ 511-Equipment Rental Fund i ■ 512-Technology Rental Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The ending fund balances for 2019 are preliminary, these will be updated after the completion of the 2019 Financial Statements. 39 Packet Pg. 177 1 2.2 City Council Agenda Item Meeting Date: 03/10/2020 2019 Transportation Benefit District Report Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Pursuant to Ordinance 3707, and codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council established a transportation benefit district to be known as the Edmonds Transportation Benefit District in November, 2009, with geographical boundaries comprised of the corporate limits of the City of Edmonds at the time the ordinance was adopted or as they may exist after any future annexations. The 2015 State Legislature adopted Second Engrossed Substitute Senate Bill 2ESBB 5987 authorizing the assumption of control over a TBD by a city with the same boundaries as the TBD, which became effective in July, 2015. Pursuant of Ordinance 4053, as codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council assumed the rights powers, functions, and obligations of the Transportation Benefit District Board in December, 2016, one of which is to produce and deliver an annual report regarding the operations of the District. Initiative 976 - In November, 2019, 1-976 was passed by the voters of Washington State. The initiative rolls back car tab fee increases in excess of $30 among other impacts. This also affects all Transportation Benefit Districts (TBDs) that have been formed through a council manic process. This includes The City of Edmonds Transportation Benefit District (TBD #1). Staff Recommendation Acknowledge and approve for publication. Narrative The City of Edmonds is publishing the results of its Transportation Benefit District (TBD) operations from January 1 to December 31, 2019. The TBD received $689,668 in revenue from local license fees on vehicles registered within the jurisdictional limits of the City of Edmonds. These collected funds were expended for street maintenance, preservation, and operation of the street transportation system within the City's boundaries. TBD-funded activities included localized pavement repairs, pothole repairs, signage management, maintenance of pavement markings (buttons, curb paint, etc.), crosswalk maintenance, and traffic signal maintenance and repair. For these eligible costs, outlined in Ordinance 4053, the City expended all of the monies collected, as well as other funds from the State Gas Tax and General Fund resources. . The publishing of this report fulfills the requirement within RCW 36.73.160(2), in which, the district shall issue an annual report, indicating the status of transportation improvement costs, transportation Packet Pg. 178 2.2 improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district. Considerations: Initiative 976 - The initiative passed by a state wide margin of 53% to 47% but was rejected by Edmonds voters 56% to 44%. After the statewide results were certified, it was challenged by a coalition of local governments including the City of Seattle, King County, and the Garfield County Transportation Authority, allegedly on his constitutional defects. The King County Superior Court judge hearing the case first presided over the request by the appellants for an injunction and a stay of the effective date. The judge granted the injunction which indicated it was likely the appellants would prevail. Weeks later, when a partial decision was released, the decision instead favored the State, who is defending the initiative on behalf of the voters. Two smaller issues remain. One of these affects only the City of Burien and is not germane to Edmonds. The other issue deals with the procedure for establishing the value of a licensed vehicle. That issue could, according to the legal team for the appellants, still result in the initiative being found defective in its entirety. The appellants have requested the judge to reconsider his partial ruling. His decision on that request and his decision on the remaining two items is expected by the end of March. Either way, it is expected to be appealed by the losing party. This appeal will very likely go directly to the state Supreme Court. Interestingly, the pro -initiative forces had earlier appealed the decision by the King County judge to issue the original injunction. The Supreme Court voted 6-3 to uphold the injunction which also signals that, based on what was presented, a majority of the justices felt the appellants would ultimately prevail on the merits of the case. This further makes the King County Superior Court partial decision seem even more surprising. Should this go to the Supreme Court as expected, it could easily consume the balance of this year. Should the appellants lose the argument there, it is very possible the revenue stream collected since late 2019, approximately $750,000 by that time, would need to be returned. Attachments: 2019 TBD Report Jan -Dec Packet Pg. 179 2.2.a Schedule of Revenues, Expenditures and Changes in Fund Balance Transportation Benefit District January 1, 2019 through December 31, 2019 Revenues $20 Vehicle Registration Fee $ 689,668 Total Revenues 689.668 Expenditures Road Maintenance (includes repairs, patching, crack sealing) Labor & Benefits 149,090 Supplies 36,089 Traffic Control Labor & Benefits 190,949 Supplies 170,895 Vehicle Charges 142,645 Total Expenditures 689,668 Net Change in Fund Balances - Fund Balances - Beginning - Fund Balances - Ending $ - (1) An additional $26,345 in expenditures were eligible for reimbursement from this funding source, however, due to funding constraints, these expenditures were absorbed by Fund 111 -Street Fund. Packet Pg. 180