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6/16/2020 - City Council - City Council Meeting Agenda Packet - Jerrilea Crawford, Mayor
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 06/16/2020 Council Meeting Agenda Page 1 of 2 East Wenatchee City Council Meeting Zoom Meeting Tuesday, June 16, 2020 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 AGENDA 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1. Consent Items: Vouchers: a. Date: June 16,2020, Checks: 53906 - 53960, in the amount of $ 231,636.83, and voided check 53851 Pg. 3 b. May 2020 Payroll Certification Pg. 26 Minutes: c. 06/02/2020 Council Meeting Minutes Pg. 40 d. 06/11/2020 Council Workshop Minutes Pg. 44 Motion by City Council to approve agenda, vouchers, and minutes from previous meetings. 2. Citizen Requests/Comments. The “Citizen Comments” period is to provide the opportunity for members of the public to address the Council on items not listed on the agenda. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone, give your name and mailing address, and state the matter of your interest. If your interest is an agenda item, the Mayor may suggest that your comments wait until that time. Citizen comments will be limited to three minutes. 3. Presentations. None 4. Department Report. Pg. 46 a. Public Works Department Report - Tom Wachholder, Project Development Manager 5. Mayor’s Report. a. East Wenatchee ranked #18 this year among the top 20 safest cities in Washington. b. Covid-19 update. 06/16/2020 Council Meeting Agenda Packet Page 1 of 169 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 06/16/2020 Council Meeting Agenda Page 2 of 2 6. Action Items. a. Ordinance 2020-08, establishing time-limitations on when the City may file a criminal charge by amending Section 1.20.020 of the East Wenatchee Municipal Code – Sean Lewis, Deputy Prosecuting Attorney. Pg. 52 Motion by City Council to adopt Ordinance 2020-08, as presented establishing time-limitations on when the City may file Criminal Charges. b. Resolution 2020-18, adopting a Six-Year Transportation Improvement Program (TIP) for 2021-2026, directing the City Clerk to file this Resolution with the Secretary of Transportation, containing a severability clause, and an effective date – Lori Barnett, Community Development Director. Pg. 69 Motion by City Council to approve Resolution 2020-18 adopting the Six-Year Transportation Improvement Program for 2021-2026. c. Resolution 2020-19, declaring certain property owned by the City as surplus to the needs of the City (2002 Sterling Truck Sweeper; Model: Wittke Road Wizard; Vin Number ending DJ43219) – Tom Wachholder, Project Development Manager. Pg. 85 Motion by City Council to approve Resolution 2020-18 as presented declaring certain property owned by the City as surplus. d. Data Backup, Restore and Archive System vendor selection and contract negotiation – Ike Lasswell, Information Systeems Manager. Pg. 89 Motion by City Council to Approve the selection of CompuNet, Inc. and authorize the Mayor to enter into contract negotiations with CompuNet, Inc. (Statement of Work #) not to exceed $48,000. e. Coronavirus Relief Funds (CRF) Contract, allowing the City of East Wenatchee to request reimbursement from the Department of Commerce (Commerce) from the allocation of the Coronavirus Relief Fund as created in section 5001 of H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) for eligible expenditures not to exceed $411,300 – Josh DeLay, Finance Director. Pg. 145 Motion by City Council to authorize the Mayor to sign contract number 20-6541C- 164 with the Department of Commerce as presented. 7. Council Reports & Announcements. a. Reports/New Business of Council Committees 8. Adjournment. 06/16/2020 Council Meeting Agenda Packet Page 2 of 169 CHECKS: 53906 - 53960 VOIDED CHECKS: 53851 DEPARTMENT/FUND AMOUNT General Fund 001 $49,544.69 Street Fund 101 $8,833.71 Community Dev Grants Funds 102 $7,744.35 Transportation Benefit District Fund 105 $0.00 Debt Reserve Fund 110 $0.00 Library Fund 112 $130.28 Hotel/Motel Tax Fund 113 $0.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $187.95 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $144,980.42 Capital Improvements Fund 314 $6,116.78 Stormwater Fund 401 $11,374.74 Equipment R&R Fund 501 $2,723.91 Transportation Benefit District 630 $0.00 Grand Total All Funds $231,636.83 CITY OF EAST WENATCHEE CHECK REGISTER JUNE 16, 2020 PAYABLES 06/16/2020 Council Meeting Agenda Packet Page 3 of 169 Fund Number Description Amount 001 General Fund $49,544.69 101 Street Fund $8,833.71 102 Community Development Grants Fund $7,744.35 112 Library Fund $130.28 117 Events Board Fund $187.95 301 Street Improvements Fund $144,980.42 314 Capital Improvements Fund $6,116.78 401 Stormwater Fund $11,374.74 501 Equipment Purchase, Repair & Replacement Fund $2,723.91 Count: 9 $231,636.83 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2020 - June 2020 - June 2020 2nd Council Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:50:13 PM Page 1 of 1 East Wenatchee - Fund Transaction Summary 06/16/2020 Council Meeting Agenda Packet Page 4 of 169 Vendor Number Reference Account Number Description Amount 911 Supply Inc 53906 2020 - June 2020 - June 2020 2nd Council INV-2-3038 Police/Badge 001-000-210-521-10-35-00 Small Tools & Equipment $167.09 Total INV-2-3038 $167.09 Total 53906 $167.09 Total 911 Supply Inc $167.09 ABC Forms 53907 2020 - June 2020 - June 2020 2nd Council 2559 Court/J&S Forms 001-000-120-512-50-31-00 Office Supplies $314.93 Total 2559 $314.93 Total 53907 $314.93 Total ABC Forms $314.93 AG Supply Company INC 53908 2020 - June 2020 - June 2020 2nd Council 459647 Street/Bulk Gas 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $20.08 Total 459647 $20.08 459655 Street/Vehicle Repair Supplies 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $25.92 Total 459655 $25.92 459682 Street/Sidewalk Paint 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $19.04 Total 459682 $19.04 459768 Street/Traffic Safety Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $5.40 Total 459768 $5.40 Voucher Directory Fiscal: : 2020 - June 2020 Council Date: : 2020 - June 2020 - June 2020 2nd Council Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 1 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 5 of 169 Vendor Number Reference Account Number Description Amount 459811 Street/Vehicle Repair Supplies 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $8.86 Total 459811 $8.86 459995 Street/City Park Supplies 101-000-420-542-75-30-00 Supplies - City Parks $20.56 Total 459995 $20.56 460004 Street/City Park Supplies 101-000-420-542-75-30-00 Supplies - City Parks $15.14 Total 460004 $15.14 460160 Street/Ciry Park Supplies 101-000-420-542-75-30-00 Supplies - City Parks $2.80 Total 460160 $2.80 460486 Street/Traffic Control Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $43.30 Total 460486 $43.30 Invoice - 6/2/2020 8:29:54 AM Code/Fuel 001-000-590-558-50-32-00 Fuel Consumed $22.90 Total Invoice - 6/2/2020 8:29:54 AM $22.90 Invoice - 6/3/2020 10:20:22 AM Street/Fuel 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $379.82 101-000-420-542-69-30-00 Supplies - Flags/Banners $27.86 101-000-420-542-75-30-00 Supplies - City Parks $25.75 401-000-008-531-00-30-05 Supplies - NPDES PPGH $64.03 Total Invoice - 6/3/2020 10:20:22 AM $497.46 Invoice - 6/8/2020 2:30:27 PM Police/Fuel 001-000-210-521-10-32-00 Fuel Consumed $2,671.35 Total Invoice - 6/8/2020 2:30:27 PM $2,671.35 Total 53908 $3,352.81 Total AG Supply Company INC $3,352.81 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 2 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 6 of 169 Vendor Number Reference Account Number Description Amount Airespring Inc 53909 2020 - June 2020 - June 2020 2nd Council Invoice - 6/10/2020 10:21:59 AM June 2020-Telephone Services 001-000-141-514-20-42-01 Telephone Line Charges $906.86 Total Invoice - 6/10/2020 10:21:59 AM $906.86 Total 53909 $906.86 Total Airespring Inc $906.86 American Building Maintenance CO 53910 2020 - June 2020 - June 2020 2nd Council 15198671 Janitorial Services-June 2020 001-000-180-518-30-41-01 Contracted Custodial Services $2,426.74 Total 15198671 $2,426.74 Total 53910 $2,426.74 Total American Building Maintenance CO $2,426.74 American Messaging Services, LLC 53911 2020 - June 2020 - June 2020 2nd Council W2127554UF Street and Stormwater/Messaging Services 101-000-430-543-30-20-00 Benefits - General Services $52.33 401-000-008-531-00-40-06 Utilities $52.34 Total W2127554UF $104.67 Total 53911 $104.67 Total American Messaging Services, LLC $104.67 Banner Bank c/o Pipkin Construction 53912 2020 - June 2020 - June 2020 2nd Council Invoice - 6/10/2020 12:04:14 PM Project Mgmt/Complete Streets Retainage 301-000-000-595-61-60-01 TIB Complete Streets - Grant/June Crossing $2,221.92 301-000-000-595-61-60-02 TIB Complete Streets - 3rd St. Sidewalk $4,528.15 Total Invoice - 6/10/2020 12:04:14 PM $6,750.07 Total 53912 $6,750.07 Total Banner Bank c/o Pipkin Construction $6,750.07 Banner Bank Mastercard 53913 2020 - June 2020 - June 2020 2nd Council Invoice - 6/4/2020 1:39:55 PM Wellness/Netflix 001-000-001-518-91-30-00 Wellness $9.74 Total Invoice - 6/4/2020 1:39:55 PM $9.74 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 3 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 7 of 169 Vendor Number Reference Account Number Description Amount Invoice - 6/8/2020 1:16:03 PM Police/Office Supplies 001-000-210-521-10-31-00 Office Supplies $49.80 Total Invoice - 6/8/2020 1:16:03 PM $49.80 Invoice - 6/8/2020 1:16:28 PM Street/Vehicle Repairs 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $127.89 Total Invoice - 6/8/2020 1:16:28 PM $127.89 Invoice - 6/8/2020 10:00:05 AM Police/Firearm Ammunition 001-000-210-521-10-35-00 Small Tools & Equipment $442.26 Total Invoice - 6/8/2020 10:00:05 AM $442.26 Invoice - 6/8/2020 10:01:02 AM Events/Social Media 117-000-100-557-30-41-00 Professional Services $12.95 Total Invoice - 6/8/2020 10:01:02 AM $12.95 Invoice - 6/8/2020 10:02:14 AM Police/LE Officer of the Year Banquet Supplies 001-000-210-521-10-49-00 Miscellaneous $27.99 Total Invoice - 6/8/2020 10:02:14 AM $27.99 Invoice - 6/8/2020 10:03:50 AM Police/New Chief Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $126.48 Total Invoice - 6/8/2020 10:03:50 AM $126.48 Invoice - 6/8/2020 10:06:39 AM Adobe Subscriptions 001-000-145-514-20-49-00 Miscellaneous $92.00 Total Invoice - 6/8/2020 10:06:39 AM $92.00 Invoice - 6/8/2020 10:16:36 AM IT/Computer Software Supplies 001-000-145-514-20-40-55 Annual Support & Maintenance - Laserfiche $348.00 Total Invoice - 6/8/2020 10:16:36 AM $348.00 Invoice - 6/8/2020 10:18:16 AM Police/Office Supplies 001-000-210-521-10-31-00 Office Supplies $169.80 Total Invoice - 6/8/2020 10:18:16 AM $169.80 Invoice - 6/8/2020 10:43:25 AM Credit/Legal Training 001-000-151-515-31-20-10 Training ($250.00) Total Invoice - 6/8/2020 10:43:25 AM ($250.00) Invoice - 6/8/2020 10:47:49 AM Street/Truck Registration 101-000-430-543-30-49-00 Miscellaneous - General Services $128.02 Total Invoice - 6/8/2020 10:47:49 AM $128.02 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 4 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 8 of 169 Vendor Number Reference Account Number Description Amount Invoice - 6/8/2020 10:49:58 AM Police/Fuel 001-000-210-521-10-32-00 Fuel Consumed $24.62 Total Invoice - 6/8/2020 10:49:58 AM $24.62 Invoice - 6/8/2020 10:50:40 AM Police/Fuel 001-000-210-521-10-32-00 Fuel Consumed $29.42 Total Invoice - 6/8/2020 10:50:40 AM $29.42 Invoice - 6/8/2020 10:50:59 AM Police/Fuel 001-000-210-521-10-32-00 Fuel Consumed $34.01 Total Invoice - 6/8/2020 10:50:59 AM $34.01 Invoice - 6/8/2020 10:54:45 AM Public Records Request Supplies 001-000-110-511-60-31-10 Public Records Expenses $77.80 Total Invoice - 6/8/2020 10:54:45 AM $77.80 Invoice - 6/8/2020 10:55:16 AM Planning/Webinar Fee 001-000-580-558-60-40-00 Training $20.00 Total Invoice - 6/8/2020 10:55:16 AM $20.00 Invoice - 6/8/2020 10:56:11 AM Police/Taser Grip Sleeves 001-000-210-521-10-35-00 Small Tools & Equipment $14.75 Total Invoice - 6/8/2020 10:56:11 AM $14.75 Invoice - 6/8/2020 10:59:09 AM Street/Covid19 Supplies 101-000-430-543-30-30-00 Supplies - General Services $122.02 Total Invoice - 6/8/2020 10:59:09 AM $122.02 Invoice - 6/8/2020 10:59:42 AM Central Stores/Covid19 Supplies 001-000-140-514-20-31-01 Central Stores $27.05 Total Invoice - 6/8/2020 10:59:42 AM $27.05 Invoice - 6/8/2020 11:07:28 AM Central Stores/Covid19 Supplies 001-000-140-514-20-31-01 Central Stores $28.67 Total Invoice - 6/8/2020 11:07:28 AM $28.67 Invoice - 6/8/2020 11:33:58 AM City Hall/Covid19 Supplies 001-000-140-514-20-31-01 Central Stores $10.43 Total Invoice - 6/8/2020 11:33:58 AM $10.43 Invoice - 6/8/2020 11:34:27 AM City Hall/Covid19 Supplies 001-000-140-514-20-31-01 Central Stores $10.51 Total Invoice - 6/8/2020 11:34:27 AM $10.51 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 5 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 9 of 169 Vendor Number Reference Account Number Description Amount Invoice - 6/8/2020 11:39:10 AM Central Stores/Covid19 Supplies 001-000-140-514-20-31-01 Central Stores $64.35 Total Invoice - 6/8/2020 11:39:10 AM $64.35 Invoice - 6/8/2020 11:59:43 AM Court/Covid19 Supplies 001-000-120-512-50-31-00 Office Supplies $28.67 Total Invoice - 6/8/2020 11:59:43 AM $28.67 Invoice - 6/8/2020 12:00:17 PM Central Stores/Covid19 Supplies 001-000-140-514-20-31-01 Central Stores $64.96 Total Invoice - 6/8/2020 12:00:17 PM $64.96 Invoice - 6/8/2020 12:07:17 PM Mayor/Tripod Mount for Phone 001-000-110-511-60-31-00 Office Supplies $47.65 Total Invoice - 6/8/2020 12:07:17 PM $47.65 Invoice - 6/8/2020 12:13:36 PM Surety Bond/Lasswell 001-000-145-514-20-45-00 Insurance $175.00 Total Invoice - 6/8/2020 12:13:36 PM $175.00 Invoice - 6/8/2020 12:22:13 PM Surety Bond/Elmes 117-000-105-557-30-40-00 Insurance $175.00 Total Invoice - 6/8/2020 12:22:13 PM $175.00 Invoice - 6/8/2020 12:26:43 PM Mayor/Universal Video Microphone 001-000-110-511-60-31-00 Office Supplies $53.01 Total Invoice - 6/8/2020 12:26:43 PM $53.01 Invoice - 6/8/2020 9:50:40 AM Court/Covid19 Supplies 001-000-120-512-50-31-00 Office Supplies $108.20 Total Invoice - 6/8/2020 9:50:40 AM $108.20 Invoice - 6/8/2020 9:54:06 AM Police/Office Supplies 001-000-210-521-10-31-00 Office Supplies $180.42 Total Invoice - 6/8/2020 9:54:06 AM $180.42 Invoice - 6/8/2020 9:56:02 AM Court/Covid19 Supplies 001-000-120-512-50-31-00 Office Supplies $74.72 Total Invoice - 6/8/2020 9:56:02 AM $74.72 Total 53913 $2,656.19 Total Banner Bank Mastercard $2,656.19 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 6 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 10 of 169 Vendor Number Reference Account Number Description Amount Cascade Natural Gas Corp 53914 2020 - June 2020 - June 2020 2nd Council Invoice - 6/2/2020 9:11:06 AM Shop/Natural Gas 101-000-430-543-50-47-00 Utilities - Facilities $13.83 Total Invoice - 6/2/2020 9:11:06 AM $13.83 Invoice - 6/2/2020 9:11:38 AM Street/Natural Gas 101-000-430-543-50-47-00 Utilities - Facilities $13.83 Total Invoice - 6/2/2020 9:11:38 AM $13.83 Total 53914 $27.66 Total Cascade Natural Gas Corp $27.66 Cdw Government, Inc 53915 2020 - June 2020 - June 2020 2nd Council XTN9835 IT/Speaker Set 001-000-145-594-14-60-25 Capital - PC Hardware Admin $28.20 Total XTN9835 $28.20 XWJ8426 IT/Software Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $2,153.99 Total XWJ8426 $2,153.99 XWV8806 IT/Software Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $228.29 Total XWV8806 $228.29 XXL2269 IT/Extension Cable 001-000-145-594-14-60-25 Capital - PC Hardware Admin $6.41 Total XXL2269 $6.41 Total 53915 $2,416.89 Total Cdw Government, Inc $2,416.89 Cinta's Corporation 607 53916 2020 - June 2020 - June 2020 2nd Council 4049519576 Street/Ssafewasher Mobile Service 001-000-210-521-10-48-00 Repairs & Maintenance $40.04 101-000-430-543-30-30-00 Supplies - General Services $40.24 Total 4049519576 $80.28 4050097119 Street/Safewasher Mobile Service 001-000-210-521-10-48-00 Repairs & Maintenance $71.64 101-000-430-543-30-30-00 Supplies - General Services $47.36 Total 4050097119 $119.00 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 7 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 11 of 169 Vendor Number Reference Account Number Description Amount 4050689206 Street/Safewasher Mobile Service 001-000-210-521-10-48-00 Repairs & Maintenance $40.02 101-000-430-543-30-30-00 Supplies - General Services $40.24 Total 4050689206 $80.26 4051323376 Street/Safewasher Mobile Service 001-000-210-521-10-48-00 Repairs & Maintenance $40.02 101-000-430-543-30-30-00 Supplies - General Services $47.36 Total 4051323376 $87.38 Total 53916 $366.92 Total Cinta's Corporation 607 $366.92 Classic One East 53917 2020 - June 2020 - June 2020 2nd Council 80814 Police/Uniform Dry Cleaning 001-000-210-521-10-49-02 Dry Cleaning Services $10.83 Total 80814 $10.83 Total 53917 $10.83 Total Classic One East $10.83 Code Publishing CO 53918 2020 - June 2020 - June 2020 2nd Council 66825 City Clerk/Municipal Code Annual Web Fee 001-000-140-514-30-25-00 Codification $480.00 Total 66825 $480.00 66929 City Clerk/Municipal Code Ordinances 001-000-140-514-30-25-00 Codification $297.42 Total 66929 $297.42 Total 53918 $777.42 Total Code Publishing CO $777.42 Community Glass Co, Inc 53919 2020 - June 2020 - June 2020 2nd Council 1155369 Street/Covid19 Supplies 001-000-180-518-30-41-00 Professional Services $488.25 Total 1155369 $488.25 Total 53919 $488.25 Total Community Glass Co, Inc $488.25 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 8 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 12 of 169 Vendor Number Reference Account Number Description Amount Consolidated Electrical Distributors Inc 53920 2020 - June 2020 - June 2020 2nd Council 9360-743941 Street/Vehicle Repair Supplies 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $36.48 Total 9360-743941 $36.48 Total 53920 $36.48 Total Consolidated Electrical Distributors Inc $36.48 CUES, Inc. 53921 2020 - June 2020 - June 2020 2nd Council 562557 Stormwater/Public Works Supplies 401-000-010-594-31-60-01 Storm Sewer Camera $10,918.81 Total 562557 $10,918.81 Total 53921 $10,918.81 Total CUES, Inc.$10,918.81 DeVries Business Records Management Inc 53922 2020 - June 2020 - June 2020 2nd Council 0122892 Police/Record Destruction 001-000-210-521-10-41-00 Professional Services $122.49 Total 0122892 $122.49 Total 53922 $122.49 Total DeVries Business Records Management Inc $122.49 Douglas County Auditor-Recording 53923 2020 - June 2020 - June 2020 2nd Council 91249 Recording Fee 001-000-140-514-30-20-00 Records Services $108.50 Total 91249 $108.50 91328 Recording Fee 001-000-140-514-30-20-00 Records Services $115.50 Total 91328 $115.50 Total 53923 $224.00 Total Douglas County Auditor-Recording $224.00 Douglas County PUD 53924 2020 - June 2020 - June 2020 2nd Council Invoice - 6/2/2020 8:35:35 AM Utilities 001-000-180-518-30-47-00 Utilities $953.72 101-000-420-542-63-47-00 Utilities - Street Lighting $213.00 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 9 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 13 of 169 Vendor Number Reference Account Number Description Amount 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $41.00 101-000-420-542-75-47-00 Utilities - City Parks $48.00 101-000-430-543-50-47-00 Utilities - Facilities $79.00 112-000-000-572-50-47-00 Facilities - Utilities $130.28 Total Invoice - 6/2/2020 8:35:35 AM $1,465.00 Invoice - 6/3/2020 1:10:52 PM Utilities 101-000-420-542-63-47-00 Utilities - Street Lighting $1,707.00 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $169.00 Total Invoice - 6/3/2020 1:10:52 PM $1,876.00 Invoice - 6/3/2020 1:23:12 PM Street Lighting 101-000-420-542-63-47-00 Utilities - Street Lighting $15.00 Total Invoice - 6/3/2020 1:23:12 PM $15.00 Invoice - 6/3/2020 1:23:47 PM Metered Street Lighting 101-000-420-542-63-47-00 Utilities - Street Lighting $18.00 Total Invoice - 6/3/2020 1:23:47 PM $18.00 Invoice - 6/3/2020 1:31:34 PM Metered Lighting 001-000-180-518-30-47-00 Utilities $17.00 Total Invoice - 6/3/2020 1:31:34 PM $17.00 Total 53924 $3,391.00 Total Douglas County PUD $3,391.00 Eagle Transfer 53925 2020 - June 2020 - June 2020 2nd Council ETC47798 Police/Moving of Chief's Office Furniture 001-000-210-521-10-41-00 Professional Services $460.00 Total ETC47798 $460.00 Total 53925 $460.00 Total Eagle Transfer $460.00 Fastenal Company 53926 2020 - June 2020 - June 2020 2nd Council WAWEN214257 Street/Traffic Control Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $14.12 Total WAWEN214257 $14.12 Total 53926 $14.12 Total Fastenal Company $14.12 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 10 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 14 of 169 Vendor Number Reference Account Number Description Amount Haglund's Trophies 53927 2020 - June 2020 - June 2020 2nd Council 60346 Police/Name Plate 001-000-210-521-10-31-00 Office Supplies $37.98 Total 60346 $37.98 Total 53927 $37.98 Total Haglund's Trophies $37.98 In-Print 53928 2020 - June 2020 - June 2020 2nd Council 2925 Police/Rick Johnson Business Cards 001-000-210-521-10-31-00 Office Supplies $135.38 Total 2925 $135.38 Total 53928 $135.38 Total In-Print $135.38 Interwest Communications 53929 2020 - June 2020 - June 2020 2nd Council 16429 Police/Telephone Maintenance 001-000-210-521-10-31-05 Office Machine Costs $54.15 Total 16429 $54.15 Total 53929 $54.15 Total Interwest Communications $54.15 Ising Inc.-dba Cascade Quality Water 53930 2020 - June 2020 - June 2020 2nd Council Invoice - 6/10/2020 9:40:10 AM Shop/Drinking Water 001-000-001-518-91-30-00 Wellness $29.84 Total Invoice - 6/10/2020 9:40:10 AM $29.84 Invoice - 6/3/2020 1:24:34 PM City Hall/Drinking Water 001-000-001-518-91-30-00 Wellness $61.84 Total Invoice - 6/3/2020 1:24:34 PM $61.84 Total 53930 $91.68 Total Ising Inc.-dba Cascade Quality Water $91.68 Jerry's Auto Supply 53931 2020 - June 2020 - June 2020 2nd Council 851835 Street/Air Sweeper Oi 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $26.06 Total 851835 $26.06 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 11 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 15 of 169 Vendor Number Reference Account Number Description Amount 851929 Street/Oil Filter 501-000-000-542-90-48-30 Street Equipment Repairs $13.58 Total 851929 $13.58 852137 Police/Package of Oil Filters 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $29.70 Total 852137 $29.70 Total 53931 $69.34 Total Jerry's Auto Supply $69.34 Keyhole Security Center Inc 53932 2020 - June 2020 - June 2020 2nd Council 318720 City Hall/Commercial Service Call, Locksmith 001-000-180-518-30-41-00 Professional Services $471.00 Total 318720 $471.00 Total 53932 $471.00 Total Keyhole Security Center Inc $471.00 Language Line Services, Inc 53933 2020 - June 2020 - June 2020 2nd Council 4829773 Police/Interpreting Services 001-000-210-521-10-41-00 Professional Services $10.44 Total 4829773 $10.44 Total 53933 $10.44 Total Language Line Services, Inc $10.44 Les Schwab Tire Center Inc 53934 2020 - June 2020 - June 2020 2nd Council 34301078559 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $749.02 Total 34301078559 $749.02 34301079880 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $783.72 Total 34301079880 $783.72 Total 53934 $1,532.74 Total Les Schwab Tire Center Inc $1,532.74 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 12 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 16 of 169 Vendor Number Reference Account Number Description Amount Localtel Communications 53935 2020 - June 2020 - June 2020 2nd Council Invoice - 6/10/2020 10:17:19 AM June 2020-Wifi 001-000-141-514-20-42-01 Telephone Line Charges $292.09 Total Invoice - 6/10/2020 10:17:19 AM $292.09 Total 53935 $292.09 Total Localtel Communications $292.09 Moon Security 53936 2020 - June 2020 - June 2020 2nd Council 1032107 Police/Surveillance 001-000-210-521-10-41-00 Professional Services $39.06 Total 1032107 $39.06 Total 53936 $39.06 Total Moon Security $39.06 Motorola Solutions 53937 2020 - June 2020 - June 2020 2nd Council 8230277852 Police/Annual Fee for Mobile Software for Vehicles 001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $14,651.11 Total 8230277852 $14,651.11 Total 53937 $14,651.11 Total Motorola Solutions $14,651.11 Numerica Credit Union 53938 2020 - June 2020 - June 2020 2nd Council Invoice - 6/9/2020 3:54:27 PM Central Stores/Legal Pads, Mailing Labels 001-000-140-514-20-31-01 Central Stores $58.47 Total Invoice - 6/9/2020 3:54:27 PM $58.47 Invoice - 6/9/2020 3:56:13 PM Central Stores/Packing Tape, Kitchen Supplies 001-000-140-514-20-31-01 Central Stores $89.61 Total Invoice - 6/9/2020 3:56:13 PM $89.61 Total 53938 $148.08 Total Numerica Credit Union $148.08 Office Depot Credit Plan 53939 2020 - June 2020 - June 2020 2nd Council 2401332101 Pooject Mgmt/Laminate Sheets 301-000-000-595-30-60-00 Construction - TIB 3rd St/Highline Roundabout $21.35 Total 2401332101 $21.35 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 13 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 17 of 169 Vendor Number Reference Account Number Description Amount 487071512001 Central Stores/Postage Supplies 001-000-140-514-20-31-01 Central Stores $10.39 Total 487071512001 $10.39 487072297001 Finance/Toner Cartridges 001-000-142-514-20-31-00 Office Supplies $468.19 Total 487072297001 $468.19 Total 53939 $499.93 Total Office Depot Credit Plan $499.93 Okanogan County Jail 53940 2020 - June 2020 - June 2020 2nd Council Invoice - 6/9/2020 4:48:59 PM Court/May 2020 Inmate Medical Fees 001-000-230-523-60-20-00 Medical Care - Prisoners $482.00 Total Invoice - 6/9/2020 4:48:59 PM $482.00 Total 53940 $482.00 Total Okanogan County Jail $482.00 One Call Concepts, Inc 53941 2020 - June 2020 - June 2020 2nd Council 0059068 Excavation Notices 401-000-008-531-00-40-06 Utilities $42.80 Total 0059068 $42.80 Total 53941 $42.80 Total One Call Concepts, Inc $42.80 O'Reilly 53942 2020 - June 2020 - June 2020 2nd Council 2521-139787 Stormwater/Air Sweeper Supplies 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $13.03 Total 2521-139787 $13.03 2521-141641 Street/Traffic Control 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $38.92 Total 2521-141641 $38.92 2521-142846 Street/Wrench Set 101-000-430-543-30-30-00 Supplies - General Services $54.14 Total 2521-142846 $54.14 Total 53942 $106.09 Total O'Reilly $106.09 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 14 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 18 of 169 Vendor Number Reference Account Number Description Amount Perteet Engineering, Inc 53943 2020 - June 2020 - June 2020 2nd Council 20190041.001-2 Project Mgmt/Complete Streets Program 301-000-000-595-61-60-00 TIB Complete Streets - Grant/Georgia Crossing $3,319.23 301-000-000-595-61-60-01 TIB Complete Streets - Grant/June Crossing $3,319.23 301-000-000-595-61-60-02 TIB Complete Streets - 3rd St. Sidewalk $3,319.24 Total 20190041.001-2 $9,957.70 Total 53943 $9,957.70 Total Perteet Engineering, Inc $9,957.70 Petty Cash Fund Maria Holman, Custodian 53944 2020 - June 2020 - June 2020 2nd Council Invoice - 6/10/2020 11:03:18 AM Petty Cash Reimbursement 001-000-001-518-91-30-00 Wellness $23.78 001-000-120-512-50-49-00 Miscellaneous $27.08 001-000-142-514-20-31-00 Office Supplies $16.23 001-000-151-515-31-49-00 Miscellaneous $30.00 001-000-210-521-10-31-00 Office Supplies $16.23 001-000-580-558-60-32-00 Fuel Consumed $28.09 Total Invoice - 6/10/2020 11:03:18 AM $141.41 Total 53944 $141.41 Total Petty Cash Fund Maria Holman, Custodian $141.41 Pipkin Construction Inc 53945 2020 - June 2020 - June 2020 2nd Council Invoice - 6/10/2020 12:03:25 PM Project Mgmt/Complete Streets 301-000-000-595-61-60-01 TIB Complete Streets - Grant/June Crossing $42,216.49 301-000-000-595-61-60-02 TIB Complete Streets - 3rd St. Sidewalk $86,034.81 Total Invoice - 6/10/2020 12:03:25 PM $128,251.30 Total 53945 $128,251.30 Total Pipkin Construction Inc $128,251.30 PoliceOne.com 53946 2020 - June 2020 - June 2020 2nd Council INV2686 Police/Annual Fee 001-000-210-521-40-25-00 Training - Officers $1,554.00 Total INV2686 $1,554.00 Total 53946 $1,554.00 Total PoliceOne.com $1,554.00 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 15 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 19 of 169 Vendor Number Reference Account Number Description Amount Randy's Auto Parts & Towing 53947 2020 - June 2020 - June 2020 2nd Council 30026242 Police/Impound 001-000-210-521-10-41-00 Professional Services $162.45 Total 30026242 $162.45 Total 53947 $162.45 Total Randy's Auto Parts & Towing $162.45 Roxanna L Nanto DBA CC Consulting 53948 2020 - June 2020 - June 2020 2nd Council PS-05-20-003 A Planning/Assessments and Market Analysis 102-000-000-558-70-41-00 CDBG Professional Services $7,267.50 Total PS-05-20-003 A $7,267.50 Total 53948 $7,267.50 Total Roxanna L Nanto DBA CC Consulting $7,267.50 S & W Irrigation Supply 53949 2020 - June 2020 - June 2020 2nd Council 465671 Stormwater/Rain Dial Control 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $247.38 Total 465671 $247.38 465844 Street/Bakk Valve 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $38.79 Total 465844 $38.79 468185 Stormwater/Pressure Gauge 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $10.29 Total 468185 $10.29 Total 53949 $296.46 Total S & W Irrigation Supply $296.46 Sherwin-Williams 53950 2020 - June 2020 - June 2020 2nd Council 9166-1 Street/Traffic Control 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $55.87 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $91.93 Total 9166-1 $147.80 Total 53950 $147.80 Total Sherwin-Williams $147.80 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 16 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 20 of 169 Vendor Number Reference Account Number Description Amount Smith Excavation Inc. 53951 2020 - June 2020 - June 2020 2nd Council 6691 Project Mgmt/Public Works Facility Design 314-000-000-594-22-60-50 Maintenance Facilities Design $6,116.78 Total 6691 $6,116.78 Total 53951 $6,116.78 Total Smith Excavation Inc.$6,116.78 Special Asphalt Products Inc. 53952 2020 - June 2020 - June 2020 2nd Council CREDT1210 Credit 101-000-420-542-30-30-00 Supplies - Roadway ($1,200.00) Total CREDT1210 ($1,200.00) INVC083297 Street/Roadway Supplies 101-000-420-542-30-48-00 Repairs & Maintenance - Roadway $6,076.00 Total INVC083297 $6,076.00 Total 53952 $4,876.00 Total Special Asphalt Products Inc.$4,876.00 The Wenatchee World 53953 2020 - June 2020 - June 2020 2nd Council AD# 90188 City Clerk/Advertising 001-000-140-514-20-44-00 Advertising $95.37 Total AD# 90188 $95.37 AD# 90192 Planning/Advertising 102-000-000-558-70-44-00 CDBG Advertising $225.42 Total AD# 90192 $225.42 AD# 90194 Planning/Advertising 102-000-000-558-70-44-00 CDBG Advertising $251.43 Total AD# 90194 $251.43 AD# 90710 IT/Advertising 001-000-145-514-20-40-05 Disaster Backup System Support $468.18 Total AD# 90710 $468.18 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 17 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 21 of 169 Vendor Number Reference Account Number Description Amount AD# 90800 Planning/Advertising 001-000-580-558-60-44-00 Advertising $138.72 Total AD# 90800 $138.72 Total 53953 $1,179.12 Total The Wenatchee World $1,179.12 Town Chrysler Jeep Dodge INC 53954 2020 - June 2020 - June 2020 2nd Council 18446 Police/Brake Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $41.23 Total 18446 $41.23 Total 53954 $41.23 Total Town Chrysler Jeep Dodge INC $41.23 Town Ford Inc 53955 2020 - June 2020 - June 2020 2nd Council 20007 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $281.42 Total 20007 $281.42 20094 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $530.97 Total 20094 $530.97 FOCS31071 Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $92.61 Total FOCS31071 $92.61 Invoice - 6/3/2020 1:36:16 PM Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $2.51 Total Invoice - 6/3/2020 1:36:16 PM $2.51 Total 53955 $907.51 Total Town Ford Inc $907.51 Wash ST Dept of Licensing 53956 2020 - June 2020 - June 2020 2nd Council EWP001739 Vargas-Mata Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001739 Vargas-Mata $18.00 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 18 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 22 of 169 Vendor Number Reference Account Number Description Amount EWP001740 Baird Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001740 Baird $18.00 EWP001741 Cenotto Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001741 Cenotto $18.00 EWP001742 Whittle Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001742 Whittle $18.00 EWP001743 Shepard Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001743 Shepard $18.00 EWP001744 Mathews Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001744 Mathews $18.00 EWP001745 Reynolds Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001745 Reynolds $18.00 EWP001748 Brown Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001748 Brown $18.00 EWP001750 Maakestad Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001750 Maakestad $18.00 EWP001752 Drange Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001752 Drange $18.00 EWP001753 Vanwell Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP001753 Vanwell $18.00 Total 53956 $198.00 Total Wash ST Dept of Licensing $198.00 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 19 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 23 of 169 Vendor Number Reference Account Number Description Amount Wash State Treasurer 53957 2020 - June 2020 - June 2020 2nd Council Invoice - 6/8/2020 3:25:41 PM May 2020 Court Remit 001-001-000-589-30-00-10 Remittance: State Building Code Surcharge $6.50 001-001-000-589-30-00-20 Court Remittances $14,348.06 Total Invoice - 6/8/2020 3:25:41 PM $14,354.56 Total 53957 $14,354.56 Total Wash State Treasurer $14,354.56 Washington State Transit Insurance Pool 53958 2020 - June 2020 - June 2020 2nd Council 125739 May 2020 Driver Record Monitoring 101-000-430-543-30-46-00 Insurance $10.64 Total 125739 $10.64 Total 53958 $10.64 Total Washington State Transit Insurance Pool $10.64 Xerox Corporation 53959 2020 - June 2020 - June 2020 2nd Council 010496590 Police/Copier Fees 001-000-210-521-10-31-05 Office Machine Costs $306.25 Total 010496590 $306.25 010496599 Street/Copier Fees 001-000-141-514-20-31-01 Office Machine Costs $101.41 Total 010496599 $101.41 010496604 Court/Copier Fees 001-000-120-594-12-60-00 Capital Outlay $252.93 Total 010496604 $252.93 702396796 City Hall/Copier Fees 001-000-141-514-20-48-00 Repairs & Maintenance $617.36 Total 702396796 $617.36 Total 53959 $1,277.95 Total Xerox Corporation $1,277.95 Ziply Fiber 53960 2020 - June 2020 - June 2020 2nd Council Invoice - 6/10/2020 9:08:32 AM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $58.37 Total Invoice - 6/10/2020 9:08:32 AM $58.37 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 20 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 24 of 169 Vendor Number Reference Account Number Description Amount Invoice - 6/10/2020 9:11:39 AM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $67.94 Total Invoice - 6/10/2020 9:11:39 AM $67.94 Invoice - 6/10/2020 9:12:50 AM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $58.37 Total Invoice - 6/10/2020 9:12:50 AM $58.37 Invoice - 6/10/2020 9:13:28 AM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $58.47 Total Invoice - 6/10/2020 9:13:28 AM $58.47 Invoice - 6/3/2020 1:32:49 PM Street Modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $55.17 Total Invoice - 6/3/2020 1:32:49 PM $55.17 Total 53960 $298.32 Total Ziply Fiber $298.32 Grand Total Vendor Count 55 $231,636.83 Printed by EASTWENATCHEE\ASchulz on 6/10/2020 1:48:36 PM Page 21 of 21 East Wenatchee - Voucher Directory06/16/2020 Council Meeting Agenda Packet Page 25 of 169 06/16/2020 Council Meeting Agenda Packet Page 26 of 169 06/16/2020 Council Meeting Agenda Packet Page 27 of 169 06/16/2020 Council Meeting Agenda Packet Page 28 of 169 06/16/2020 Council Meeting Agenda Packet Page 29 of 169 06/16/2020 Council Meeting Agenda Packet Page 30 of 169 06/16/2020 Council Meeting Agenda Packet Page 31 of 169 06/16/2020 Council Meeting Agenda Packet Page 32 of 169 06/16/2020 Council Meeting Agenda Packet Page 33 of 169 06/16/2020 Council Meeting Agenda Packet Page 34 of 169 06/16/2020 Council Meeting Agenda Packet Page 35 of 169 06/16/2020 Council Meeting Agenda Packet Page 36 of 169 06/16/2020 Council Meeting Agenda Packet Page 37 of 169 06/16/2020 Council Meeting Agenda Packet Page 38 of 169 06/16/2020 Council Meeting Agenda Packet Page 39 of 169 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 06-02-2020 City Council Meeting Page 1 of 4 East Wenatchee City Council Meeting Zoom Meeting Tuesday, June 2, 2019 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 Minutes In attendance: Staff in attendance: Mayor Jerrilea Crawford Devin Poulson, City Attorney Councilmember John Sterk Lori Barnett, Community Development Director Councilmember Harry Raab Tom Wachholder, Project Development Manager Councilmember Robert Tidd Josh DeLay, Finance Director Councilmember Sasha Sleiman Richard Johnson, Police Chief Councilmember Shayne Magdoff Mary Beth Phillips, Court Administrator Councilmember Christine Johnson Maria Holman, City Clerk Councilmember Matthew Hepner 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1. Consent Items: a. Kenroy Supplemental Agreement No. 1 b. Sterling Supplemental Agreement No. 1 c. 06/02/2020, Checks: 53862 - 53897, in the amount of $728,051.54 d. 5/19/2020 Council Meeting Minutes e. 5/28/2020 Council Workshop Meeting Minutes Motion by Councilmember Johnson to approve consent items. Councilmember Sterk seconded the motion. Motion carried (7-0). 2. Citizen Requests/Comments. None 3. Presentations. None 4. Department Report. a. Finance Director Josh DeLay provided a Finance Department Report that included the March revenue numbers for various State taxes and explained how they have been affected by the COVID-19. Comments provided by Councilmember Sterk and Mayor Crawford. 06/16/2020 Council Meeting Agenda Packet Page 40 of 169 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 06-02-2020 City Council Meeting Page 2 of 4 5. Mayor’s Report. a. Mayor Crawford provided a COVID-19 update and how it relates to the City. The Mayor has asked all department heads to look at department needs regarding Personal Protective Equipment (PPE) in preparation for when we open to the public. The City would like to be prepared with needed safety measures and staff is practicing social distancing and wearing masks. b. Mayor Crawford shared that she is still participating on two COVID Recovery Councils. The Chamber is leading one of the Recovery Councils. The Health District is involved with both Councils and they continue to work on getting more businesses open, while respecting the health concerns. The Health District is applying to move into the next phase and the Mayor serves on that committee as well, the request will be sent to the Governor’s office for consideration. c. Community Development Director Lori Barnett spoke to the Council regarding the CARES FUND ACT and asked about distribution of the $411,000. Finance Director Josh DeLay said that the City does not have to specify exactly how the funds will be spent before the contract can be signed by the Mayor. Everything will be on a reimbursement basis and the reimbursement may not exceed $411,000. The Council discussed possibly another $100,000 to Micro-enterprise grants, $100,000 for City related COVID expenses (supplies/PPE), $12,000 to mobile meals, and funds for rent and mortgage payments. It was mentioned that the hotel contract with the Counties has been extended with 25 rooms for agricultural workers. Comments provided by Mayor Crawford; Devin Poulson, City Attorney; Josh DeLay, Finance Director; and Councilmember Tidd. d. Mayor Crawford shared that the Chelan Douglas Regional Port Authority has issued the first round of the small business grants and they will be issued this week. Mayor Crawford had the opportunity to call the businesses that received grants in East Wenatchee. e. Mayor Crawford provided a fireworks update. The City of East Wenatchee has allowed fireworks stands applications for permit. The fireworks stand applicants have provided plans on how they will have curbside only fireworks sales, and the plans provided meets the Governors Phase-1 criteria for retail. Additionally, the City of Wenatchee plans to continue with the full-community fireworks display on the 4th of July. f. Mayor Crawford reminded the Council that there will be a swearing-in ceremony on Wednesday, June 3, 2020 at 11:00 a.m. for Chief Johnson and a thank you to Chief Robbins for his time as Interim Chief. The Council is invited to join us at City Hall or via Zoom online. Comments provided by Councilmember Tidd and Councilmember Hepner. 06/16/2020 Council Meeting Agenda Packet Page 41 of 169 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 06-02-2020 City Council Meeting Page 3 of 4 Mayors Report Continued: g. Councilmember Hepner asked about restaurants and possible permits to allow their customers to eat on the sidewalk. Community Development Director Lori Barnett commented that the City does not have the ability to permit this, our sidewalks are not wide enough and would not allow sufficient access for the public if allowed. They could use their parking lot. Another consideration relates to liquor and Cannabis Board requirements for outdoor seating. Comments provided by Councilmember Magdoff. 6. Action Items. a. Community Development Director Lori Barnett presented the selection of consultant for services related to the Increasing Residential Building Capacity Commerce Growth Management Services Grant for selected actions from E2SHB 1923. Motion by Councilmember Sterk to approve the selection of Makers Architecture and Urban Design, LLP and authorize the Mayor to sign a contract for services for selected actions to increase residential building capacity from E2SHB 1923 under the provisions of the Interagency Agreement with Commerce Growth Management Services. Councilmember Sleiman seconded the motion. Motion carried (7-0). 7. Executive Session. a. Mayor Crawford announced a 15 min Executive Session at 6:50 p.m., to discuss with legal counsel representing the City matters relating to potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. The Mayor extended the executive session 12 minutes. The Mayor reconvened the City Council at 7:17 p.m., no action was taken by the Council. 8. Council Reports & Announcements. a. Councilmember Magdoff reported on the Housing Authority of Chelan County & City of Wenatchee Board. The Housing Authority received $65,000 from the City of Wenatchee for short-term housing assistance program. Also received $78,000 from HUD to help with their expenses. b. Councilmember Sterk reported on the Chelan Douglas Health District Board and commented on the number of hours that the organization is working due to the COVID-19 Pandemic. c. Councilmember Sleiman reported on the Chamber of Commerce and the Toolkit that has been developed for businesses to help them prepare to re-open. 06/16/2020 Council Meeting Agenda Packet Page 42 of 169 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 06-02-2020 City Council Meeting Page 4 of 4 d. Councilmember Tidd reported that the City of East Wenatchee Events Board will be having a meeting tomorrow. 9. Adjournment. With no further business, the meeting adjourned at 7:20 p.m. Jerrilea Crawford, Mayor Attest: Maria E. Holman, City Clerk 06/16/2020 Council Meeting Agenda Packet Page 43 of 169 6-11-2020 Council Workshop Minutes Page 1 of 2 CITY OF EAST WENATCHEE 271 9th Street NE * East Wenatchee, WA 98802 Phone (509) 884-9515 * Fax (509) 884-6233 City Council Workshop Zoom Meeting East Wenatchee City Hall 271 9th St. NE East Wenatchee, WA 98802 Minutes Thursday, June 11, 2020 In attendance: Josh DeLay, Finance Director Mayor Crawford Lori Barnett, Community Development Director Councilmember Sterk Devin Poulson, City Attorney Councilmember Tidd Mary Beth Phillips, Court Administrator Councilmember Magdoff Maria Holman, City Clerk Councilmember Sleiman Councilmember Johnson Councilmember Hepner 5:30 p.m. Council Workshop. Councilmember Magdoff opened the meeting. 1. Community Development Director Lori Barnett presented various statistics and metrics demonstrating community financial needs associated with the Coronavirus to inform the decision with regard to allocation of the State CARES Act funds. A discussion ensured by the Council on how to best distribute the funds. Recommendations by the Council on how to distribute the funds were: City Expenditures for PPE, Court needs, IT needs, and other Safety needs related to COVID-19, $63,239; Mobile Meals, $20,000; Household Income Payments (rent, mortgage, utilities), $160,000; Small Business Grants, $160,000 and for the Chamber of Commerce PPE Program, $8,061. It was noted that staff should monitor the distribution of the grant to determine if any changes to the allocation of funds will be needed to ensure that the grant is depleted. Also noted that the City will use the Housing Authority of Chelan County & the City of Wenatchee as the vendor for income payments. Comments provided by all Councilmembers during the discussion. 06/16/2020 Council Meeting Agenda Packet Page 44 of 169 6-11-2020 Council Workshop Minutes Page 2 of 2 Adjournment. With no further business, the meeting adjourned at 6:10 p.m. ____________________________ Attest: Jerrilea Crawford, Mayor _______________________________ Maria E. Holman, City Clerk 06/16/2020 Council Meeting Agenda Packet Page 45 of 169 1 of 6 Date: June 9, 2020 To: Mayor Crawford and City Council From: Tom Wachholder, Project Development Manager Subject: Monthly Public Works Report ______________________________________________________________________ This report summarizes Public Works Department related projects and activities through June 9, 2020. Projects/activities include the following: 1. 10th Street NE Improvements – Eastmont Ave to Kansas Ave 2. Highline Drive and 3rd Street SE Roundabout 3. 19th Street Regional Stormwater Facility 4. 2020 Residential Overlay Program 5. Pavement Management Program 6. Stormwater Utility 7. 9th Street NE and Valley Mall Parkway Traffic Signal 8. 5th Street NE Safe Routes to School Project 9. TIB Complete Streets Projects 10. City Hall Campus Improvements 11. General Discussion CITY OF EAST WENATCHEE PUBLIC WORKS DEPARTMENT 271 9TH STREET NE • EAST WENATCHEE, WA 98802 PHONE (509) 884-1829 • FAX (509) 886-6113 twachholder@eastwenatcheewa.gov 06/16/2020 Council Meeting Agenda Packet Page 46 of 169 2 of 6 1. 10th Street NE Improvements – Eastmont Ave to Kansas Ave The 10th Street NE corridor from Eastmont Ave to Kansas Ave is noted for several deficiencies pertaining to both motorized and non-motorized transportation. For example, the roadway lacks adequate subgrade surfacing, multi -modal access (e.g., limited sidewalks, poor pedestrian crossings, non-existent bicycle lanes), an adequate storm sewer system, and illumination. On August 14, 2018, City Council approved and authorized Mayor Lacy to execute a Public Works Board Contract for a $750,000 pre-construction loan. This is a 5-year loan with an interest rate of 0.78% with repayment starting in June 2020. RH2 Engineering was selected for designing this project. Subsequently, in 2019, the City secured both federal construction funding ($1,683,189) through the Chelan -Douglas Transportation Council and state construction funding ($1,126,608) through the Transportation Improvement Board. Status: Design and Right of Way Phase - Construction is tentatively scheduled for 2021; - Continuing to acquire the last sections of needed right of way; and - Administrative Offer Summaries (AOSs) signed by Mayor Crawford on June 4, 2020. 2. Highline Drive and 3rd Street SE Roundabout In late 2018, the City secured Transportation Improvement Board (TIB) funding to design and construct a roundabout at Highline Drive and 3rd Street SE. This intersection currently experiences excessive delays and traffic collisions due to increasing traffic volumes, intersection configuration, and limited site distance. Status: Construction Phase - Construction started on April 27, 2020; and 06/16/2020 Council Meeting Agenda Packet Page 47 of 169 3 of 6 - Substantial completion is anticipated by June 12, 2020. 3. 19th Street Regional Stormwater Facility A Washington State Department of Ecology grant has been secured to fund a regional stormwater facility design project. This project addresses Phase One of the overall 19th Street corridor project area, including 1,000 feet of Douglas County’s Cascade Avenue. Stormwater in the project area currently flows through a series of roadside ditches, short segments of piping, and paved shoulders. The goal is to design a regional stormwater facility to accommodate runoff from the entire 19th Street corridor. Status: Design Phase - Received direction from Ecology to move forward with an Alternatives Analysis resulting from the cultural resources survey; and - Next step is to meet with Ecology to discuss Alternatives Analysis, 4. 2020 Residential Overlay Similar to 2017 and 2018 projects, the 2020 Transportation Benefit District funded residential overlay program will be coordinated with East Wenatchee Water District’s (Water District) 2020 capital project construction. This cooperation will reduce City expenditures due to the District administering and managing the project. Status: Construction Phase - East Wenatchee Water District’s portion of the project started May 18, 2020; and - City’s overlay portion is scheduled to start and finish on June 28, 2020. 5. Pavement Management Program The City’s pavement management program was developed in 2011 and is currently in need of an update. The updated pavement management program will be based on a proactive preventative maintenance approach. 06/16/2020 Council Meeting Agenda Packet Page 48 of 169 4 of 6 Status: 75% Complete - Pavement condition survey work was completed in December 2019; - Next step, utilizing pavement management software and pavement condition data, is to develop a pavement management program; and - M2 Consulting, PLLC is under contract to develop a City Pavement Management Program. 6. Stormwater Utility As a result of terminating the interlocal cooperation agreement between the City and Douglas County, joint administration of each jurisdiction’s stormwater util ity (utility) will no longer take place beginning January 1, 2020. The City will now be responsible for updating the utility service fee roll each year and submitting updates directly to the Douglas County Treasurer. Public Works Department staff conducted a preliminary audit of the utility roll and discovered billing issues resulting in undercharging of several parcels. Stormwater Utility Billing Update 1. Stormwater Utility Fees Paid as of June 2, 2020: $475,02905 (2,955 parcels); and 2. Unpaid Stormwater Utility Fees as of June 2, 2020: $58,135.15 (693 parcels). 2020 Stormwater Utility Projects 1. Stormwater Comprehensive Plan Update a. RH2 Engineering contract executed May 20, 2020. 2. 4th St SE Storm Trunk Line Extension a. This project is currently in the design phase. 3. Routine maintenance 06/16/2020 Council Meeting Agenda Packet Page 49 of 169 5 of 6 7. 9th Street NE and Valley Mall Parkway Traffic Signal In 2013, the City successfully acquired a federal grant through the Wenatchee Valley Transportation Council, now known as the Chelan -Douglas Transportation Council, for constructing a traffic signal at 9th Street NE and Valley Mall Parkway. Subsequently, the Washington State Department of Transportation (WSDOT) considered constructing a roundabout at SR28 and 9th Street NE and needed time to evaluate both intersections. Additional federal funding was secured in 2016 for dual roundabout s; however, a traffic signal was ultimately deemed the best option for the 9th Street NE and Valley Mall intersection. The traffic signal project is now moving forward. Status: Design Phase - RH2 Engineering collected initial survey data and developed a 30% preliminary design; and - Next steps include coordinating signal timing and the proposed pedestrian crosswalk design with WSDOT. 8. 5th Street NE Safe Routes to School Projects In June 2019, the City was awarded two Safe Routes to School grants (Sterling Intermediate and Kenroy Elementary), totaling $3,936,466 in federal grant funds. The anticipated City match is approximately $694,670. This project will enhance 5th Street NE from N Grover Place to N James Ave and N Jonathan Ave to Kentucky Avenue. Proposed improvements include curb, gutter, sidewalk, storm sewer system, enhanced pedestrian crossings, intersection improvements, and street illumination. Status: Design Phase - Local Agency Consultant Agreements between the City and KPG were executed on March 12, 2020; and - Preliminary design is underway. 06/16/2020 Council Meeting Agenda Packet Page 50 of 169 6 of 6 9. TIB Complete Streets Project In February 2019, the City secured a $400,000 TIB Complete Streets grant to enhance the existing pedestrian crosswalk at Grant Road and Georgia Ave, evaluate, engineer, construct a pedestrian crosswalk at June Ave and Grant Road, and fill a sidewalk gap on 3rd Street NE from the irrigation canal to Eastmont High School . Status: Construction Phase - Construction started April 27, 2020; and - Project completion is anticipated during the week of June 15, 2020. 10. City Hall Campus Improvements The City is currently in the process of securing a bond to begin a phased approach to making improvements to the City Hall Campus. Improvements include constructing a new Public Works facility, evaluating East Wenatchee Police Department current and future space needs (Phase 1), constructing a future police department (Phase 2), upgrading court facilities (Phase 3), and constructing a library (Phase 4). Status: Design Phase - Initial geotechnical and survey work has started; and - City staff is currently developing detailed organizational charts which will be utilized for master planning and programming efforts. 11. General Discussion - Equipment Rental and Revolving Fund (ER&R) = Fleet/Asset Management 06/16/2020 Council Meeting Agenda Packet Page 51 of 169 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor Crawford and City Council From/Presenter: Sean Lewis, Deputy Prosecutor Subject: Ordinance 2020-08 Date: June 16, 2020 I. Summary Title: Ordinance 2020-08 regarding time-limitations for filing criminal complaints. Background/History: EWMC Section 1.20.020, last amended in 1984, currently provides that criminal complaints involving gross misdemeanors must be filed with the Court no more than one year after the commission of the offense. However, the language of the code section is outdated with respect to the Revised Code of Washington which provides that criminal complaints regarding gross misdemeanors must be filed within two years of the commission of the offense. RCW 9A.04.080, most recently updated in 2019, provides time limitations within which criminal complaints of various types must be filed with the court or the charges are forever barred. Ordinance 2020-08 replaces the current language of EWMC Section 1.20.020 by adopting by reference RCW 9A.04.080. II. Recommended Actions: Request for Mayor Crawford to suspend the second reading requirements. Motion by City Council to approve Ordinance 2020-08 as presented. III. Exhibits: RCW 9A.04.080 Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $0 No 06/16/2020 Council Meeting Agenda Packet Page 52 of 169 City of East Wenatchee Ordinance 2020-08 Page 1 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) City of East Wenatchee, Washington Ordinance No. 2020-08 An Ordinance of the City of East Wenatchee establishing time-limitations on when the City may file a criminal charge by amending Section 1.20.020 of the East Wenatchee Municipal Code. Una ordenanza de la ciudad de East Wenatchee que establece limitaciones de tiempo sobre cuándo la ciudad puede presentar un cargo penal al enmendar la Sección 1.20.020 del Código Municipal de East Wenatchee. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the best interests of the City and its citizens to bring the East Wenatchee Municipal Code into greater conformity with the Revised Code of Washington. 06/16/2020 Council Meeting Agenda Packet Page 53 of 169 City of East Wenatchee Ordinance 2020-08 Page 2 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Purpose. The purpose of this ordinance is to bring Section 1.20.020 of the East Wenatchee Municipal Code regarding time for filing criminal complaints into greater conformity with the Revised Code of Washington. 5. Amendment. The City Council amends Section 1.20.020 of the East Wenatchee Municipal Code to read as set forth in Exhibit A. 6. Repeal. The City Council repeals those provisions of any ordinance in conflict with the language of this ordinance. 7. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 8. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website. 9. Effective Date. This Ordinance becomes effective five days after the date its summary is published. 06/16/2020 Council Meeting Agenda Packet Page 54 of 169 City of East Wenatchee Ordinance 2020-08 Page 3 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Passed by the City Council of East Wenatchee, at a regular meeting thereof on this __________ day of ______________________________, 2020. The City of East Wenatchee, Washington By _________________________________ Jerrilea Crawford, Mayor Authenticated: _____________________________________ Maria Holman, City Clerk Approved as to form only: _____________________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________ 06/16/2020 Council Meeting Agenda Packet Page 55 of 169 City of East Wenatchee Ordinance 2020-08 Page 4 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Summary of City of East Wenatchee, Washington Ordinance No. 2020-08 On the _____ day of _______________________________, 2020, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2020-08, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee establishing time-limitations on when the City may file a criminal charge by amending Section 1.20.020 of the East Wenatchee Municipal Code. The full text of this Ordinance will be mailed upon request. Dated this ______ day of ___________________________, 2020. _____________________________ Maria Holman, City Clerk 06/16/2020 Council Meeting Agenda Packet Page 56 of 169 City of East Wenatchee Ordinance 2020-08 Page 5 of 5 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Ordinance 2020-08 Exhibit A 1.20.020 Limitation of actions. Prosecutions for gross misdemeanors or misdemeanors which are not commenced within one year after the commission of the offense shall be barred; provided, that where a complaint has been filed within the time limit for the commencement of a criminal action, if the complaint be set aside, the time limitation herein provided shall be extended by the length of time from the time of filing such complaint to the time such complaint was set aside. By reference, the City adopts state statute RCW 9A.04.080 (as enacted or as amended). 06/16/2020 Council Meeting Agenda Packet Page 57 of 169 RCW RCW 9A.04.0809A.04.080 Limitation of actions.Limitation of actions. (1) Prosecutions for criminal offenses shall not be commenced after the periods (1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.prescribed in this section. (a) The following offenses may be prosecuted at any time after their commission:(a) The following offenses may be prosecuted at any time after their commission: (i) Murder;(i) Murder; (ii) Homicide by abuse;(ii) Homicide by abuse; (iii) Arson if a death results;(iii) Arson if a death results; (iv) Vehicular homicide;(iv) Vehicular homicide; (v) Vehicular assault if a death results;(v) Vehicular assault if a death results; (vi) Hit-and-run injury-accident if a death results (RCW (vi) Hit-and-run injury-accident if a death results (RCW 46.52.02046.52.020(4));(4)); (vii) Rape in the first degree (RCW (vii) Rape in the first degree (RCW 9A.44.0409A.44.040) if the victim is under the age of sixteen;) if the victim is under the age of sixteen; (viii) Rape in the second degree (RCW (viii) Rape in the second degree (RCW 9A.44.0509A.44.050) if the victim is under the age of ) if the victim is under the age of sixteen;sixteen; (ix) Rape of a child in the first degree (RCW (ix) Rape of a child in the first degree (RCW 9A.44.0739A.44.073);); (x) Rape of a child in the second degree (RCW (x) Rape of a child in the second degree (RCW 9A.44.0769A.44.076);); (xi) Rape of a child in the third degree (RCW (xi) Rape of a child in the third degree (RCW 9A.44.0799A.44.079);); (xii) Sexual misconduct with a minor in the first degree (RCW (xii) Sexual misconduct with a minor in the first degree (RCW 9A.44.0939A.44.093);); (xiii) Custodial sexual misconduct in the first degree (RCW (xiii) Custodial sexual misconduct in the first degree (RCW 9A.44.1609A.44.160);); (xiv) Child molestation in the first degree (RCW (xiv) Child molestation in the first degree (RCW 9A.44.0839A.44.083);); (xv) Child molestation in the second degree (RCW (xv) Child molestation in the second degree (RCW 9A.44.0869A.44.086);); (xvi) Child molestation in the third degree (RCW (xvi) Child molestation in the third degree (RCW 9A.44.0899A.44.089); and); and (xvii) Sexual exploitation of a minor (RCW (xvii) Sexual exploitation of a minor (RCW 9.68A.0409.68A.040).). (b) Except as provided in (a) of this subsection, the following offenses may not be (b) Except as provided in (a) of this subsection, the following offenses may not be prosecuted more than twenty years after its commission:prosecuted more than twenty years after its commission: (i) Rape in the first degree (RCW (i) Rape in the first degree (RCW 9A.44.0409A.44.040);); (ii) Rape in the second degree (RCW (ii) Rape in the second degree (RCW 9A.44.0509A.44.050); or); or (iii) Indecent liberties (RCW (iii) Indecent liberties (RCW 9A.44.1009A.44.100).). (c) The following offenses may not be prosecuted more than ten years after its (c) The following offenses may not be prosecuted more than ten years after its commission:commission: (i) Any felony committed by a public officer if the commission is in connection with the (i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;oath of office; (ii) Arson if no death results;(ii) Arson if no death results; (iii) Rape in the third degree (RCW (iii) Rape in the third degree (RCW 9A.44.0609A.44.060);); (iv) Attempted murder; or(iv) Attempted murder; or (v) Trafficking under RCW (v) Trafficking under RCW 9A.40.1009A.40.100.. (d) A violation of any offense listed in this subsection (1)(d) may be prosecuted up to (d) A violation of any offense listed in this subsection (1)(d) may be prosecuted up to ten years after its commission or, if committed against a victim under the age of eighteen, up ten years after its commission or, if committed against a victim under the age of eighteen, up to the victim's thirtieth birthday, whichever is later:to the victim's thirtieth birthday, whichever is later: (i) RCW (i) RCW 9.68A.1009.68A.100 (commercial sexual abuse of a minor);(commercial sexual abuse of a minor); (ii) RCW (ii) RCW 9.68A.1019.68A.101 (promoting commercial sexual abuse of a minor);(promoting commercial sexual abuse of a minor); (iii) RCW (iii) RCW 9.68A.1029.68A.102 (promoting travel for commercial sexual abuse of a minor); or(promoting travel for commercial sexual abuse of a minor); or (iv) RCW (iv) RCW 9A.64.0209A.64.020 (incest).(incest). (e) The following offenses may not be prosecuted more than six years after its (e) The following offenses may not be prosecuted more than six years after its commission or discovery, whichever occurs later:commission or discovery, whichever occurs later: Page 1 of 4RCW 9A.04.080: Limitation of actions. 6/4/2020https://apps.leg.wa.gov/RCW/default.aspx?cite=9A.04.080 06/16/2020 Council Meeting Agenda Packet Page 58 of 169 (i) Violations of RCW (i) Violations of RCW 9A.82.0609A.82.060 or or 9A.82.0809A.82.080;; (ii) Any felony violation of chapter (ii) Any felony violation of chapter 9A.839A.83 RCW;RCW; (iii) Any felony violation of chapter (iii) Any felony violation of chapter 9.359.35 RCW;RCW; (iv) Theft in the first or second degree under chapter (iv) Theft in the first or second degree under chapter 9A.569A.56 RCW when accomplished RCW when accomplished by color or aid of deception;by color or aid of deception; (v) Theft from a vulnerable adult under RCW (v) Theft from a vulnerable adult under RCW 9A.56.4009A.56.400; or; or (vi) Trafficking in stolen property in the first or second degree under chapter (vi) Trafficking in stolen property in the first or second degree under chapter 9A.829A.82 RCW in which the stolen property is a motor vehicle or major component part of a motor RCW in which the stolen property is a motor vehicle or major component part of a motor vehicle as defined in RCW vehicle as defined in RCW 46.80.01046.80.010.. (f) The following offenses may not be prosecuted more than five years after its (f) The following offenses may not be prosecuted more than five years after its commission: Any class C felony under chapter commission: Any class C felony under chapter 74.0974.09, *82.36, or , *82.36, or 82.3882.38 RCW.RCW. (g) Bigamy may not be prosecuted more than three years after the time specified in (g) Bigamy may not be prosecuted more than three years after the time specified in RCW RCW 9A.64.0109A.64.010.. (h) A violation of RCW (h) A violation of RCW 9A.56.0309A.56.030 may not be prosecuted more than three years after may not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).501(c)(3). (i) No other felony may be prosecuted more than three years after its commission; (i) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under RCW except that in a prosecution under RCW 9A.44.1159A.44.115, if the person who was viewed, , if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.photographed, or filmed. (j) No gross misdemeanor may be prosecuted more than two years after its (j) No gross misdemeanor may be prosecuted more than two years after its commission.commission. (k) No misdemeanor may be prosecuted more than one year after its commission.(k) No misdemeanor may be prosecuted more than one year after its commission. (2) The periods of limitation prescribed in subsection (1) of this section do not run (2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.during any time when the person charged is not usually and publicly resident within this state. (3) In any prosecution for a sex offense as defined in RCW (3) In any prosecution for a sex offense as defined in RCW 9.94A.0309.94A.030, the periods of , the periods of limitation prescribed in subsection (1) of this section run from the date of commission or two limitation prescribed in subsection (1) of this section run from the date of commission or two years from the date on which the identity of the suspect is conclusively established by years from the date on which the identity of the suspect is conclusively established by deoxyribonucleic acid testing or by photograph as defined in RCW deoxyribonucleic acid testing or by photograph as defined in RCW 9.68A.0119.68A.011, whichever is , whichever is later.later. (4) If, before the end of a period of limitation prescribed in subsection (1) of this (4) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside.period equal to the length of time from the finding or filing to the setting aside. [ [ 2019 c 93 § 2;2019 c 93 § 2;2019 c 87 § 2.2019 c 87 § 2.Prior: Prior: 2017 c 266 § 9;2017 c 266 § 9;2017 c 231 § 2;2017 c 231 § 2;2017 c 125 § 1;2017 c 125 § 1;2013 c 2013 c 17 § 1;17 § 1;2012 c 105 § 1;2012 c 105 § 1;prior: prior: 2009 c 61 § 1;2009 c 61 § 1;2009 c 53 § 1;2009 c 53 § 1;2006 c 132 § 1;2006 c 132 § 1;1998 c 221 § 2;1998 c 221 § 2; prior: prior: 1997 c 174 § 1;1997 c 174 § 1;1997 c 97 § 1;1997 c 97 § 1;prior: prior: 1995 c 287 § 5;1995 c 287 § 5;1995 c 17 § 1;1995 c 17 § 1;1993 c 214 § 1;1993 c 214 § 1; 1989 c 317 § 3;1989 c 317 § 3;1988 c 145 § 14;1988 c 145 § 14;prior: prior: 1986 c 257 § 13;1986 c 257 § 13;1986 c 85 § 1;1986 c 85 § 1;prior: prior: 1985 c 455 § 1985 c 455 § 19;19;1985 c 186 § 1;1985 c 186 § 1;1984 c 270 § 18;1984 c 270 § 18;1982 c 129 § 1;1982 c 129 § 1;1981 c 203 § 1;1981 c 203 § 1;1975 1st ex.s. c 260 § 1975 1st ex.s. c 260 § 9A.04.080.9A.04.080.]] NOTES:NOTES: Page 2 of 4RCW 9A.04.080: Limitation of actions. 6/4/2020https://apps.leg.wa.gov/RCW/default.aspx?cite=9A.04.080 06/16/2020 Council Meeting Agenda Packet Page 59 of 169 Reviser's note:Reviser's note:*(1) Chapter *(1) Chapter 82.3682.36 RCW was repealed in its entirety by 2013 c RCW was repealed in its entirety by 2013 c 225 § 501, effective July 1, 2016.225 § 501, effective July 1, 2016. (2) This section was amended by 2019 c 87 § 2 and by 2019 c 93 § 2, each without (2) This section was amended by 2019 c 87 § 2 and by 2019 c 93 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section reference to the other. Both amendments are incorporated in the publication of this section under RCW under RCW 1.12.0251.12.025(2). For rule of construction, see RCW (2). For rule of construction, see RCW 1.12.0251.12.025(1).(1). Effective dateEffective date——2019 c 93 §§ 1, 2, and 8:2019 c 93 §§ 1, 2, and 8:See note following RCW See note following RCW 43.10.80043.10.800.. DeclarationDeclaration——2019 c 87:2019 c 87:"Social service agencies providing support to victims of "Social service agencies providing support to victims of sexual assault have long known that sexual assault crimes are among the most underreported sexual assault have long known that sexual assault crimes are among the most underreported of all types of crime. According to the department of justice, only two hundred thirty out of of all types of crime. According to the department of justice, only two hundred thirty out of every one thousand sexual assaults are reported to police. In the wake of the recent #MeToo every one thousand sexual assaults are reported to police. In the wake of the recent #MeToo movement, this fact has become clear to the broader public.movement, this fact has become clear to the broader public. The statute of limitations restricts a prosecutor's ability to hold perpetrators The statute of limitations restricts a prosecutor's ability to hold perpetrators accountable when reports of crime are delayed. There are many different reasons why victims accountable when reports of crime are delayed. There are many different reasons why victims of sexual assault delay or even choose to never report the crime that has been committed of sexual assault delay or even choose to never report the crime that has been committed against them. Advances in the field of neurobiology have demonstrated how sexual assault against them. Advances in the field of neurobiology have demonstrated how sexual assault trauma and trauma responses may contribute to delayed victim reporting. Sometimes the trauma and trauma responses may contribute to delayed victim reporting. Sometimes the victim is in a relationship with the perpetrator - an employer, parent, teacher, or some other victim is in a relationship with the perpetrator - an employer, parent, teacher, or some other person with supervisory power over the victim – causing the victim to believe that further harm person with supervisory power over the victim – causing the victim to believe that further harm will come to them if they report the crime. Further, technological and scientific advances in will come to them if they report the crime. Further, technological and scientific advances in investigation, collection, documentation, and preservation of evidence have advanced law investigation, collection, documentation, and preservation of evidence have advanced law enforcement and prosecutorial abilities to investigate and prosecute these older cases. enforcement and prosecutorial abilities to investigate and prosecute these older cases. Realizing this, policymakers across the country have reevaluated and amended statutes of Realizing this, policymakers across the country have reevaluated and amended statutes of limitation to extend the allowable time to prosecute sexual assault crimes.limitation to extend the allowable time to prosecute sexual assault crimes. It is generally true that the longer a victim waits to report a crime, the more difficult It is generally true that the longer a victim waits to report a crime, the more difficult it will be for the case to be successfully prosecuted. However, the statute of limitations should it will be for the case to be successfully prosecuted. However, the statute of limitations should not prohibit prosecution for these heinous offenses when there is adequate evidence. not prohibit prosecution for these heinous offenses when there is adequate evidence. Extending or eliminating the statute of limitations in these cases is imperative to provide Extending or eliminating the statute of limitations in these cases is imperative to provide access to justice for victims, hold perpetrators accountable, and enhance community access to justice for victims, hold perpetrators accountable, and enhance community protection." [ protection." [ 2019 c 87 § 1.2019 c 87 § 1.]] FindingFinding——IntentIntent——2017 c 266:2017 c 266:See note following RCW See note following RCW 9A.42.0209A.42.020.. FindingFinding——2017 c 231:2017 c 231:"(1) Because of the serious nature of human trafficking "(1) Because of the serious nature of human trafficking related offenses, and the power, control, and exploitation exerted over victims, the legislature related offenses, and the power, control, and exploitation exerted over victims, the legislature finds the statute of limitations on these offenses should be extended. Victims are often under finds the statute of limitations on these offenses should be extended. Victims are often under the control of their trafficker for significant periods of time and may not be willing or able to the control of their trafficker for significant periods of time and may not be willing or able to report their perpetrator until they are free from their control.report their perpetrator until they are free from their control. (2) The legislature finds that statutes governing commercial sexual abuse of a (2) The legislature finds that statutes governing commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, and promoting prostitution should be minor, promoting commercial sexual abuse of a minor, and promoting prostitution should be consistent with all human trafficking related statutes, and reflect the practical reality of the consistent with all human trafficking related statutes, and reflect the practical reality of the crimes, which often involve an exchange of drugs or gifts for the commercial sex act." [ crimes, which often involve an exchange of drugs or gifts for the commercial sex act." [ 2017 c 2017 c 231 § 1.231 § 1.]] Page 3 of 4RCW 9A.04.080: Limitation of actions. 6/4/2020https://apps.leg.wa.gov/RCW/default.aspx?cite=9A.04.080 06/16/2020 Council Meeting Agenda Packet Page 60 of 169 Effective dateEffective date——2017 c 125:2017 c 125:"This act is necessary for the immediate preservation "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 25, 2017]." [ institutions, and takes effect immediately [April 25, 2017]." [ 2017 c 125 § 2.2017 c 125 § 2.]] IntentIntent——1989 c 317:1989 c 317:See note following RCW See note following RCW 4.16.3404.16.340.. Effective dateEffective date——SavingsSavings——ApplicationApplication——1988 c 145:1988 c 145:See notes following RCW See notes following RCW 9A.44.0109A.44.010.. SeverabilitySeverability——1986 c 257:1986 c 257:See note following RCW See note following RCW 9A.56.0109A.56.010.. Effective dateEffective date——1985 c 455:1985 c 455:See RCW See RCW 9A.82.9029A.82.902.. Effective dateEffective date——1984 c 270:1984 c 270:See RCW See RCW 9A.82.9019A.82.901.. SeverabilitySeverability——1982 c 129:1982 c 129:"If any provision of this act or its application to any "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ provision to other persons or circumstances is not affected." [ 1982 c 129 § 11.1982 c 129 § 11.]] Page 4 of 4RCW 9A.04.080: Limitation of actions. 6/4/2020https://apps.leg.wa.gov/RCW/default.aspx?cite=9A.04.080 06/16/2020 Council Meeting Agenda Packet Page 61 of 169 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Consideration of Six-Year Transportation Improvement Program for 2021-2026 Date: June 16, 2020 I. Summary Title: Resolution 2020-18 - A Resolution of the City of East Wenatchee, Washington adopting a Six-Year Transportation Improvement Program for 2021-2026, directing the City Clerk to file this Resolution with the Secretary of Transportation, containing a severability clause, and an effective date. II.Background/History: The proposal is the review and adoption of the Six-Year Transportation Improvement Program (TIP) for the years 2021-2026 for the City of East Wenatchee. The TIP provides a list of projects by location, type of improvement and estimated costs including any potential funding sources. The Planning Commission held a public hearing on June 9, 2020 to review and consider the TIP. No public testimony was offered. The Planning Commission unanimously recommended approval of the TIP by a vote of 7-0. III.Recommended Action: Motion to approve Resolution 2020-18 adopting the Six-Year Transportation Improvement Program for 2021- 2026. IV.Exhibits: 1. Resolution 2020-18 with Exhibit A (Six Year TIP) 2.Staff Report Financial Data: Expenditure Required Amount Budgeted Appropriation Required $ 0 $ 0 $ 0 06/16/2020 Council Meeting Agenda Packet Page 62 of 169 City of East Wenatchee Resolution 2020-18 – Six Year TIP Page 1 of 4 RESOLUTION NO. 2020-18 A Resolution of the City of East Wenatchee, Washington adopting a Six-Year Transportation Improvement Program for 2021-2026, directing the City Clerk to file this Resolution with the Secretary of Transportation, containing a severability clause, and an effective date. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2.Recitals 2.1. In accordance with the requirements of Chapters 35.77 and 47.27, the CityCouncil of the city of East Wenatchee (“City Council”) has previously adopted a comprehensive transportation program (“Program”), and periodically modified the Program by resolution. 2.2. A public hearing was held by the East Wenatchee Planning Commission on June 9, 2020 to consider the draft Six-Year Transportation Improvement Program for 2021-2026. The Planning Commission unanimously recommended approval of the Program. 2.3. The City Council has reviewed the work accomplished under the Program, determined current and future City transportation needs including non-motorized transportation and based upon the findings of fact and conclusions has prepared a Six-Year Transportation Improvement Program for the next six calendar years. 2.4. The City Council finds that it is in the best interests of the City and its citizens to adopt the Six-Year Transportation Improvement Program and adopts the findings of fact and conclusions contained in Section 2 of this Resolution. 3.Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorizes the City Council toorganize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. Exhibit 1 06/16/2020 Council Meeting Agenda Packet Page 63 of 169 City of East Wenatchee Resolution 2020-18 – Six Year TIP Page 2 of 4 3.2. RCW 35.77.010 authorize the preparation and adoption of a comprehensive transportation program for the next six calendar years. 4. Purpose. The purpose of this Resolution is to adopt the Six-Year Transportation Improvement Program, as revised and extended for the calendar years of 2021-2026 listing project locations, types of improvements, and estimated costs. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 5. Adoption of Six-Year Transportation Improvement Program. The City Council affirms that the City, through the adoption of this Resolution, hereby establishes the Six-Year Transportation Improvement Program for the calendar years of 2021-2026, a copy of which is attached as Exhibit A to this resolution and is incorporated by this reference. 6. Findings of Fact and Conclusions of Law. The approval of this Resolution and adoption of the Six-Year Transportation Improvement Program is supported by the recitals listed above and the following findings of fact and conclusions of law. 6.1. Findings of Fact 6.1.1. RCW 35.77.010 requires that each city annually prepare and adopt a comprehensive transportation program for six calendar years. 6.1.2. The City adopted a comprehensive plan in accordance with the Growth Management Act (GMA), RCW Chapter 36.70A, which is a generalized, coordinated land use policy statement of the City. The Greater East Wenatchee Area Comprehensive Plan (2019) includes policies relating to transportation and street improvements in Chapter 8 and Capital Facilities Plan (CFP) in Chapter 6. The CFP includes policies relating to transportation and street improvements. 6.1.3. The City of East Wenatchee Capital Facilities Plan 2019-2024 was adopted on May 7, 2019 regarding city facilities and services. 6.1.4. An Environmental Checklist was prepared on April 29, 2020. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance (DNS) was issued on April 30, 2020. 6.1.5. A Notice of Public Hearing before the East Wenatchee Planning Commission was published in the Wenatchee World on May 27, 2020 6.1.6. The 2021-2026 Six-Year Transportation Improvement Program (TIP) provides a list of projects by location, type of improvement and estimated costs and identifies secured or potential funding sources. 06/16/2020 Council Meeting Agenda Packet Page 64 of 169 City of East Wenatchee Resolution 2020-18 – Six Year TIP Page 3 of 4 6.1.7. An open record public hearing was held by the East Wenatchee Planning Commission on June 9, 2020. 6.1.8. By this reference, the planning staff file of records, including the staff report, noticing documents, and SEPA documents are entered into the record. 6.1.9. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. 6.2. Conclusions of Law 6.2.1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and chapter 18.06 EWMC. 6.2.2. The processing of the proposal complies with the procedural and substantive requirements of RCW 35.77.010. 6.2.3. Proper legal requirements of Title 19 EWMC were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing. 6.2.4. The proposed TIP is consistent with and implements the goals and policies in the comprehensive plan. 6.2.5. The proposed TIP is consistent with and implements the policies in the Capital Facilities Plan. 6.2.6. The proposal will not be detrimental to the general public health, safety or welfare. 6.2.7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. 7. Filing of Program. To meet the requirements set forth in RCW 35.77.010, the Council authorizes and directs the City Clerk to file a copy of this resolution, together with Exhibit A, with the Secretary of Transportation, the Transportation Improvement Board for the State of Washington, and the Chelan Douglas Transportation Council. 06/16/2020 Council Meeting Agenda Packet Page 65 of 169 City of East Wenatchee Resolution 2020-18 – Six Year TIP Page 4 of 4 8.Severability. If a court of competent jurisdiction declares any provision in thisresolution to be contrary to law, such declaration shall not affect the validity ofthe other provisions of this Resolution. 9.Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2020. The City of East Wenatchee, Washington By _________________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Devin Poulson, City Attorney Filed with the City Clerk: 6/10/2020 Passed by the City Council: __________ Effective Date: __________ 06/16/2020 Council Meeting Agenda Packet Page 66 of 169 City of East Wenatchee Exhibit A Project Number Project Title Project Length (Miles) Project Description Total Estimated Cost Year 1 2021 Year 2 2022 Year 3 2023 Year 4 2024 Year 5 2025 Year 6 2026 Phase Phase Start Year Federal Fund Code Federal Funds State Fund Code State Funds Local Funds 10th Street NE Reconstruction Full reconstruction project: curb, gutter 4,447,928 PE 2018 660,000 Eastmont Ave to Kansas Ave and sidewalk, stormwater conveyance RW 2020 STBG 50,000 TIB 30,000 140,000 and illumination 3,567,928 CN 2021 STBG/TAP 1,633,158 TIB 1,096,607 838,163 5th St NE Pedestrian Facilities-Phase II Curb, gutter and sidewalk or pedestrian 4,631,136 214,283 PE 2020 SRTS 442,602 78,106 Kentucky Avenue to N. Grover Pl Pathway, RRFB's and Illumination RW 2020 SRTS 165,750 29,250 3,915,428 CN 2021 SRTS 3,328,114 587,314 Repair east and westbound approach 710,000 65,000 PE 2022 STBG 56,225 8,775 lanes at Grant Rd and Eastmont Ave RW intersection 645,000 CN 2023 STBG 557,925 87,075 1,635,000 150,000 PE 2022 TIB 127,500 22,500 1,485,000 CN 2023 TIB 1,262,250 222,750 19th Street NW Reconstruction Phase 1 (NW Cascade Ave to SR 28)0.25 Center turn lane, curb, gutter and sidewalk, stormwater conveyance and street illumination 2,694,000 PE RW 2019 ECY 250,000 2,444,000 CN 2024 TIB 2,077,400 366,600 6 15th Street NE Reconstruction SR 28 to N Baker Ave 0.25 Full recontstruction, curb, gutter, sidewalk, storm sewer, and illumination 2,100,000 2,100,000 ALL 2023 TIB 1,785,000 315,000 7 TBD- N Colorado Ave (Colby Ct to 3rd St NE) 0.46 Residential Overlay Program 227,136 227,136 ALL 2021 227,136 8 TBD- Dayton Ave (6th St NE to 5th St NE) 0.15 Residential Overlay Program 59,488 59,488 ALL 2021 59,488 Intersection Improvement 0.00 Traffic Signal or Roundabout 860,000 90,000 PE 2021 TIB 76,500 13,500 3rd St SE and Rock Island Drive 770,000 CN 2022 TIB 654,500 115,500 Intersection Improvement 950,000 100,000 PE 2025 TIB 85,000 15,000 9th St NE and Baker Ave 850,000 CN 2026 TIB 722,500 127,500 11 Kentucky Avenue Reconstruction 1.03 Full reconstruction project: center left turn lane, curb, gutter and sidewalk, stormwater conveyance and illumination 7,000,000 7,000,000 ALL 2025 STBG 1,750,000 TIB 1,500,000 3,750,000 12 TBD - 6th St NE (Colorado Ave to Eastmont Ave) 0.22 Residential Overlay Program 140,608 140,608 ALL 2022 140,608 13 TBD - Hamilton Ave (Standerfer Ave to Dead-end) 0.13 Residential Overlay Program 70,866 70,866 ALL 2022 70,866 14 TBD - Standerfer Ave (Valley Mall Parkway to Hamilton Ave) 0.04 Residential Overlay Program 30,934 30,934 ALL 2022 30,934 15 TBD - Harrison Ct (10th St NE to Jackson Ave) 0.15 Residential Overlay Program 129,359 129,359 ALL 2022 129,359 16 TBD - Parkroy Place SE/2nd St SE (S Iowa Ave to S Houston Ave) 0.37 Residential Overlay Program 245,670 245,670 ALL 2023 245,670 17 TBD - Green Pl (Grant Rd to Dead-end) 0.11 Residential Overlay Program 145,998 145,998 ALL 2024 145,998 18 TBD - S Georgia Ave (Grant Rd to Dead-end) 0.11 Residential Overlay Program 75,432 75,432 ALL 2024 75,432 19 TBD - S Gilmore Ave (Grant Rd to Dead-end) 0.10 Residential Overlay Program 70,566 70,566 ALL 2024 70,566 9 10 0.65 0.00 5 From 2021 to 2026Six Year Transportation Improvement Program Expenditures Grant Road/Eastmont Ave Intersection Repair 0.851 2 3 4 Grant Road Preservation (Georgia Ave to Kentucky Ave)0.78 Edge grind, pavement repair, overlay. Upgade ADA ramps Traffic Signal or Roundabout0.00 S:\Planning Department\6 Year TIP\2021-2026 TIP\Exh A 2021 - 2026 TIP_6-10-2020.xlsx06/16/2020 Council Meeting Agenda Packet Page 67 of 169 City of East Wenatchee Exhibit A Project Number Project Title Project Length (Miles) Project Description Total Estimated Cost Year 1 2021 Year 2 2022 Year 3 2023 Year 4 2024 Year 5 2025 Year 6 2026 Phase Phase Start Year Federal Fund Code Federal Funds State Fund Code State Funds Local Funds From 2021 to 2026Six Year Transportation Improvement Program Expenditures 19th Street NE Reconstruction- Phase II From SR 28 to Baker Avenue Full reconstruction project. Center turn lane, curb, gutter and sidewalk, 1,669,680 250,452 PE 2025 TIB 212,884 37,568 stormwater conveyance and street illumination.1,419,228 CN 2026 TIB 1,206,344 212,884 Eastmont Ave Preservation (9th St NE to North City Limit)Full width mill and repave.1,246,000 110,000 100,000 PE 2025 TIB 178,500 31,500 Update sidewalks to ADA standard 1,036,000 CN 2026 TIB 880,600 155,400 5th St NE Pedestrian Facilities-Phase III Curb, gutter and sidewalk or pedestrian 1,600,000 193,000 PE 2022 TIB 173,700 19,300 22 Eastmont Avenue to N Grover Ave 0.28 pathway, Illumination, and intersection RW improvement at Eastmont Ave 1,407,000 CN 2023 TIB 1,266,300 140,700 5th St NE Pedestrian Facilities-Phase IV Curb, gutter and sidewalk or pedestrian 1,100,000 135,000 PE 2022 TIB 114,750 20,250 N James to N Jonathan Ave pathway, Illumination, and storm sewer RW 965,000 CN 2023 TIB 820,250 144,750 5th St NE Preservation (Eastmont Ave to Kentucky Ave) Edge grind, pavement repair, overlay 850,000 100,000 PE 2024 TIB 85,000 15,000 750,000 CN 2025 TIB 637,500 112,500 19th Street NE Reconstruction- Phase III Full reconstruction project, center turn 3,736,000 560,400 PE 2025 TIB 396,900 163,500 Baker Avenue to Eastmont Avenue lane, curb, gutter and sidewalk, storm- RW water conveyance & street illumination.3,175,600 CN 2026 TIB 2,249,100 926,500 Eastmont Avenue / 19th St NE Traffic Signal or Roundabout 950,000 100,000 PE 2025 STBG 86,500 13,500 Intersection Improvements 850,000 CN 2026 STBG 735,250 114,750 27 Non-Motorized - Citywide Varies Provide sidewalks, crosswalks, signal modifications and bicycle facilities.300,000 100,000 100,000 100,000 ALL 2024 CDBG 300,000 Eastmont / 11th St NE 0.00 Install new signal with optical detection 920,000 95,000 PE 2023 STBG 82,175 12,825 Intersection Improvments or roundabout 825,000 CN 2024 STBG 713,625 111,375 29 Pavement preservation - Non TBD Projects Varies Asphalt overlay, chip seal, crack sealing and other methods 1,773,000 150,000 175,000 362,000 362,000 362,000 362,000 ALL 2021 1,773,000 30 Valley Mall Parkway Enhancement - Stage 1 From 6th Street NE to 9th Street NE 0.24 Widen sidewalks, reconfigure on street parking.928,000 928,000 ALL 2025 STBG 802,720 125,280 31 Valley Mall Parkway Enhancement - Stage 2 From 9th Street NE to SR 28 0.39 Widen sidewalks, reconfigure on street parking.720,000 720,000 ALL 2026 STBG 622,800 97,200 Legend TOTALS 42,016,801 8,224,263 1,859,767 7,304,670 4,122,996 10,260,852 8,612,828 7,390,378 21,825,551 12,800,872 Projects with Secured Funding Highlighted in Yellow PE - Engineering CN - Construction RW - Right of Way 28 20 24 25 26 21 23 0.00 0.24 1.20 1.10 0.58 0.17 S:\Planning Department\6 Year TIP\2021-2026 TIP\Exh A 2021 - 2026 TIP_6-10-2020.xlsx06/16/2020 Council Meeting Agenda Packet Page 68 of 169 CITY OF EAST WENATCHEE COMMUNITY DEVELOPMENT DEPARTMENT 271 9th Street NE * East Wenatchee, WA 98802 Phone (509) 884-5396 * Fax (509) 884-6233 STAFF REPORT TO: East Wenatchee Planning Commission FROM: East Wenatchee Community Development Department DATE: June 9, 2020 SUBJECT: 2021-2026 Six-Year Transportation Improvement Program I. GENERAL INFORMATION Applicant: Tom Wachholder, Project Development Manager 271 9th Street NE Wenatchee, WA 98802 Project Planner: Jennifer Groos – Associate Planner 509.884.5396 A. Proposal: This proposal is the review and consideration of the Six-Year Transportation Improvement Program (TIP) for the years 2021-2026 for the city of East Wenatchee. The TIP lists street improvements and facility projects by location, type of improvement, estimated costs, and indicates if there is a secured or potential funding source for the project. B. Location: The proposed projects are listed by the specific street segment on the TIP if the project is for a particular street. All projects are within the City Limits. There are also two categories for non-motorized improvements and pavement preservation that do not list the specific street. The TIP include streets within the residential and commercial areas in the city of East Wenatchee, WA. II.PROPOSAL ANALYSIS A. State Law: RCW 35.77.010 requires that each city annually prepare and adopt a comprehensive transportation program scheduling the projects for six calendar years. Cities planning under the Growth Management Act are required to show that the transportation program is consistent with the comprehensive plan. The City must hold at least one public hearing before final adoption of the six year transportation improvement program by the City Council. The East Wenatchee Planning Commission is the hearing body for this process. The recommendation of the Planning Commission will be forwarded to the City Council for consideration at their June 16, 2020 meeting. Once adopted, the TIP is transmitted to the Washington State Secretary of Transportation and to the Chelan Douglas Transportation Council (CDTC). The CDTC is the metropolitan transportation planning agency for the Wenatchee Exhibit 2 06/16/2020 Council Meeting Agenda Packet Page 69 of 169 2021-2026 Six-Year TIP - Staff Report June 9, 2020 Page 2 metropolitan statistical area which now encompasses all of Chelan County and Douglas County and all the cities within. The CDTC is also the administrative agency for the North Central Regional Transportation Planning Organization (NCRTPO) for Chelan and Douglas Counties. The CDTC develops a Regional TIP based upon the adopted city and county TIPs. Eventually the projects that are eligible, reach the Statewide Transportation Improvement Program (STIP) which is prepared by the Washington State Department of Transportation and is required by the Federal Transportation Act. B. Funding Sources: The TIP is a planning document for local agencies to identify projects and estimate the costs to help the jurisdiction develop a successful funding strategy. Any street facility improvement or construction project where funding comes from federal sources, the state Transportation Improvement Board (TIB), or state gas taxes, must be listed on the agency’s TIP. Classification of streets, roads and highways in Washington is based upon guidelines prepared by the Federal Highway Administration (FHWA) and administered by the Washington State Department of Transportation. Federal funds can only be spent on roads that are classified as arterial or collector. All other roads are classified as local access streets and other funding sources, typically local revenue, must be used for those roads. In 2012, the City established a Transportation Benefit District (TBD) that encompasses the entire City Limits in accordance with the provisions of RCW 36.73. The funding source for TBD projects is a $20 annual vehicle license fee. The City Council has specifically designated the license fee revenue for improvements to local access streets since those streets are typically not eligible for state and federal funding. In 2019, Initiative Measure No. 976 was passed, ending the establishment of TBDs and changing other local vehicle taxes. A temporary injunction was issued shortly after and the case is pending further action. Until further notice regarding the initiative, no further revenue has been aquired to support the TBD program. All TBD projects remain listed on the 6-year TIP Program but are not shown as funded. An additional source of revenue that the City has been using for sidewalk improvements included Community Development Block Grant (CDBG) funds. No specific projects are planned at this time using CDBG funds. C. Six-Year Transportation Improvement Program (TIP): A copy of the draft TIP is attached as Exhibit A. The spreadsheet lists the projects providing a brief description, potential funding sources, and a schedule for the phases of the project from design through construction. The projects highlighted in yellow have a secured funding source. D. Comprehensive Plan: The Greater East Wenatchee Area Comprehensive Plan (2019) reflects the community’s vision. Chapter 8 - Transportation contains the following goals and policies specific to transportation and street improvements projects: 06/16/2020 Council Meeting Agenda Packet Page 70 of 169 2021-2026 Six-Year TIP - Staff Report June 9, 2020 Page 3 Goals: Provide a balanced transportation system that meets the needs of the community by accommodating the movement of people, goods, and services at an optimum level of safety, economy and efficiency. To provide an effective transportation network with adequate capacity to meet the adopted Level of Service (LOS) Standard and the travel demand for the area. Ensure adequate and safe access to property via a system of public and private roads. Ensure that adequate transportation systems are provided to support growth. Policies: T-2 Coordinate the planning, construction, and operation of transportation facilities and programs with members of the Metropolitan Planning Organization as well as local utility providers. T-3 Develop and maintain a comprehensive transportation system plan, showing roadway classifications, roadway extensions, future facility locations and right-of-way needs. T-21 Maintain a listing of prioritized road improvement needs based on the six year TIP of the capital facilities element. Since TIPs are reviewed and adopted on an annual basis, the City and County TIPs are adopted by reference in the Comprehensive Plan. Although the TIP is technically part of the Capital Facilities Plan (CF Plan), GMA requires that transportation be addressed through the Transportation Element of the Comprehensive Plan. The proposed TIP is consistent with and implements the goals and policies of the comprehensive plan. E. Capital Facilities Plan (CFP): The City of East Wenatchee Capital Facilities Plan 2019-2024 was adopted on May 7, 2019 as part of the 2019 annual comprehensive plan review and update process for the Greater East Wenatchee Area Comprehensive Plan. The CFP supplements Chapter 6 of the Greater East Wenatchee Area Comprehensive Plan. The CFP describes the public infrastructure and services that will be necessary to meet the needs of City residents and businesses. The following goals and policies are specific to transportation and street improvements: CF-7 Development of sidewalks and bicycle lanes throughout the City should be considered as an important criterion in selecting street improvements projects. Special emphasis should be provided on routes that serve schools and recreational facilities. CF-8 The City should coordinate street projects with utility providers (water, sewer, PUD, cable, etc.) to ensure that service lines are upgraded in conjunction with the street improvements. 06/16/2020 Council Meeting Agenda Packet Page 71 of 169 2021-2026 Six-Year TIP - Staff Report June 9, 2020 Page 4 The proposed TIP is consistent with and implements the policies in the Capital Facilities Plan 2019-2024. F. Environmental Review: A completed Environmental Checklist dated April 29, 2020 was prepared by staff. A threshold determination and environmental review in accordance with RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance was issued on April 30, 2020. There is no comment period for the DNS. (DNS and Checklist are attached as Exhibit B) III. SUMMARY Planning Staff Comments: Staff recommends approval of the proposed TIP and offers Findings of Fact and Conclusions in Section IV of this report for consideration by the planning commission. The findings and conclusion may be modified as appropriate to support the planning commission’s decision on the proposal. IV. SUGGESTED FINDINGS AND CONCLUSIONS FINDINGS OF FACT 1. RCW 35.77.010 requires that each city annually prepare and adopt a comprehensive transportation program for six calendar years. 2. The City adopted a comprehensive plan in accordance with the Growth Management Act (GMA), RCW Chapter 36.70A, which is a generalized, coordinated land use policy statement of the City. The Greater East Wenatchee Area Comprehensive Plan (2019) includes policies relating to transportation and street improvements in Chapter 8 and Capital Facilities Plan (CFP) in Chapter 6. The CFP includes policies relating to transportation and street improvements. 3. The City of East Wenatchee Capital Facilities Plan 2019-2024 was adopted on May 7, 2019 regarding city facilities and services. 4. An Environmental Checklist was prepared on April 29, 2020. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non- significance (DNS) was issued on April 30, 2020. 5. A Notice of Public Hearing before the East Wenatchee Planning Commission was published in the Wenatchee World on May 27, 2020. 6. The 2021-2026 Six-Year Transportation Improvement Program (TIP) provides a list of projects by location, type of improvement and estimated costs and identifies secured or potential funding sources. 7. An open record public hearing was held by the East Wenatchee Planning Commission on June 9, 2020. 8. By this reference, the planning staff file of records, including the staff report, noticing documents and SEPA documents are entered into the record. 06/16/2020 Council Meeting Agenda Packet Page 72 of 169 2021-2026 Six-Year TIP - Staff Report June 9, 2020 Page 5 9. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. 10. Public testimony was taken at the hearing. The main concerns expressed were: B. CONCLUSIONS 1. It is the determination of the responsible lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project. The processing of the proposal complies with the procedural and substantive requirements of the State Environmental Policy Act, chapter 43.21C RCW and Chapter 18.06 EWMC. 2. The processing of the proposal complies with the procedural and substantive requirements of RCW 35.77.010. 3. Proper legal requirements of Title 19 EWMC were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing. 4. The proposed TIP is consistent with and implements the goals and policies in the comprehensive plan. 5. The proposed TIP is consistent with and implements the policies in the Capital Facilities Plan. 6. The proposal will not be detrimental to the general public health, safety or welfare. 7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference 8. Additional conclusions: Exhibits: A. Draft 2021-2026 TIP B. SEPA Checklist & DNS 06/16/2020 Council Meeting Agenda Packet Page 73 of 169 City of East Wenatchee Exhibit A Project Number Project Title Project Length (Miles) Project Description Total Estimated Cost Year 1 2021 Year 2 2022 Year 3 2023 Year 4 2024 Year 5 2025 Year 6 2026 Phase Phase Start Year Federal Fund Code Federal Funds State Fund Code State Funds Local Funds 10th Street NE Reconstruction Full reconstruction project: curb, gutter 4,447,928 PE 2018 660,000 Eastmont Ave to Kentucky Ave and sidewalk, stormwater conveyance RW 2020 STBG 50,000 TIB 30,000 140,000 and illumination 3,567,928 CN 2021 STBG/TAP 1,633,158 TIB 1,096,607 838,163 5th St NE Pedestrian Facilities-Phase II Curb, gutter and sidewalk or pedestrian 4,631,136 214,283 PE 2020 SRTS 442,602 78,106 Kentucky Avenue to N. Grover Pl Pathway, RRFB's and Illumination RW 2020 SRTS 165,750 29,250 3,915,428 CN 2021 SRTS 3,328,114 587,314 Repair east and westbound approach 710,000 65,000 PE 2022 STBG 56,225 8,775 lanes at Grant Rd and Eastmont Ave RW intersection 645,000 CN 2023 STBG 557,925 87,075 1,635,000 150,000 PE 2022 TIB 127,500 22,500 1,485,000 CN 2023 TIB 1,262,250 222,750 19th Street NW Reconstruction Phase 1 NW Cascade Ave to 0.25 Center turn lane, curb, gutter and sidewalk, stormwater conveyance 2,694,000 PE RW 2019 ECY 250,000 SR 28 and street illumination.2,444,000 CN 2024 TIB 2,077,400 366,600 6 15th Street NE Reconstruction SR 28 to N Baker Ave 0.25 Full recontstruction, curb, gutter, sidewalk, storm sewer, and illumination 2,100,000 2,100,000 ALL 2023 TIB 1,785,000 315,000 7 TBD- N Colorado Ave (Colby Ct to 3rd St NE) 0.46 Residential Overlay Program 227,136 227,136 ALL 2021 227,136 8 TBD- Dayton Ave (6th St NE to 5th St NE) 0.15 Residential Overlay Program 59,488 59,488 ALL 2021 59,488 Intersection Improvement 0.00 Traffic Signal or Roundabout 860,000 90,000 PE 2021 TIB 76,500 13,500 3rd St SE and Rock Island Drive 770,000 CN 2022 TIB 654,500 115,500 Intersection Improvement 950,000 100,000 PE 2025 TIB 85,000 15,000 9th St NE and Baker Ave 850,000 CN 2026 TIB 722,500 127,500 Kentucky Avenue Reconstruction 1.03 Full reconstruction project: center left turn lane, 7,000,000 7,000,000 ALL 2025 STBG 1,750,000 TIB 1,500,000 3,750,000 stormwater conveyance and street illumination. 12 TBD - 6th St NE (Colorado Ave to Eastmont Ave) 0.22 Residential Overlay Program 140,608 140,608 ALL 2022 140,608 13 TBD - Hamilton Ave (Standerfer Ave to Dead-end) 0.13 Residential Overlay Program 70,866 70,866 ALL 2022 70,866 14 TBD - Standerfer Ave (Valley Mall Parkway to Hamilton Ave) 0.04 Residential Overlay Program 30,934 30,934 ALL 2022 30,934 15 TBD - Harrison Ct (10th St NE to Jackson Ave) 0.15 Residential Overlay Program 129,359 129,359 ALL 2022 129,359 16 TBD - Parkroy Place SE/2nd St SE (S Iowa Ave to S Houston Ave) 0.37 Residential Overlay Program 245,670 245,670 ALL 2023 245,670 17 TBD - Green Pl (Grant Rd to Dead-end) 0.11 Residential Overlay Program 145,998 145,998 ALL 2024 145,998 18 TBD - S Georgia Ave (Grant Rd to Dead-end) 0.11 Residential Overlay Program 75,432 75,432 ALL 2024 75,432 19 TBD - S Gilmore Ave (Grant Rd to Dead-end) 0.10 Residential Overlay Program 70,566 70,566 ALL 2024 70,566 19th Street NE Reconstruction- Phase II Full reconstruction project. Center turn lane, curb, 1,669,680 250,452 PE 2025 TIB 212,884 37,568 stormwater conveyance and street illumination.1,419,228 CN 2026 TIB 1,206,344 212,884 Eastmont Ave Preservation (9th St NE to North City Limit)Full width mill and repave.1,246,000 110,000 100,000 PE 2025 TIB 178,500 31,500 Update sidewalks to ADA standard 1,036,000 CN 2026 TIB 880,600 155,400 5th St NE Pedestrian Facilities-Phase III Curb, gutter and sidewalk or pedestrian 1,600,000 193,000 PE 2022 TIB 173,700 19,300 22 Eastmont Avenue to N Grover Ave 0.28 pathway, Illumination, and intersection RW improvement at Eastmont Ave 1,407,000 CN 2023 TIB 1,266,300 140,700 5th St NE Pedestrian Facilities-Phase IV Curb, gutter and sidewalk or pedestrian 1,100,000 135,000 PE 2022 TIB 114,750 20,250 N James to N Jonathan Ave pathway, Illumination, and storm sewer RW 965,000 CN 2023 TIB 820,250 144,750 5th St NE Preservation (Eastmont Ave to Kentucky Ave) Edge grind, pavement repair, overlay 850,000 100,000 PE 2024 TIB 85,000 15,000 750,000 CN 2025 TIB 637,500 112,500 19th Street NE Reconstruction- Phase III Full reconstruction project, center turn 3,736,000 560,400 PE 2025 TIB 396,900 163,500 Baker Avenue to Eastmont Avenue lane, curb, gutter and sidewalk, storm- RW water conveyance & street illumination.3,175,600 CN 2026 TIB 2,249,100 926,500 Grant Road Preservation (Georgia Ave to Kentucky Ave)0.78 Edge grind, pavement repair, overlay. Upgade ADA ramps Traffic Signal or Roundabout0.00 0.24 1.20 1.10 0.58 0.17 0.65 0.00 5 From 2021 to 2026Six Year Transportation Improvement Program Expenditures Grant Road/Eastmont Ave Intersection Repair 0.851 2 3 4 9 20 24 25 11 21 10 23 S:\Public Works\STIP\TIP & STIP 2021 - 2026\Exh A 2021 - 2026 TIP_4.17.202006/16/2020 Council Meeting Agenda Packet Page 74 of 169 City of East Wenatchee Exhibit A Project Number Project Title Project Length (Miles) Project Description Total Estimated Cost Year 1 2021 Year 2 2022 Year 3 2023 Year 4 2024 Year 5 2025 Year 6 2026 Phase Phase Start Year Federal Fund Code Federal Funds State Fund Code State Funds Local Funds From 2021 to 2026Six Year Transportation Improvement Program Expenditures Eastmont Avenue / 19th St NE Traffic Signal or Roundabout 950,000 100,000 PE 2025 STBG 86,500 13,500 Intersection Improvements 850,000 CN 2026 STBG 735,250 114,750 27 Non-Motorized - Citywide Varies Provide sidewalks, crosswalks, signal modifications and bicycle facilities.300,000 100,000 100,000 100,000 ALL 2024 CDBG 300,000 Eastmont / 11th St NE 0.00 Install new signal with optical detection 920,000 95,000 PE 2023 STBG 82,175 12,825 Intersection Improvments or roundabout 825,000 CN 2024 STBG 713,625 111,375 29 Pavement preservation - Non TBD Projects Varies Asphalt overlay, chip seal, crack sealing and other methods 1,773,000 150,000 175,000 362,000 362,000 362,000 362,000 ALL 2021 1,773,000 30 Valley Mall Parkway Enhancement - Stage 1 From 6th Street NE to 9th Street NE 0.24 Widen sidewalks, reconfigure on street parking.928,000 928,000 ALL 2025 STBG 802,720 125,280 31 Valley Mall Parkway Enhancement - Stage 2 From 9th Street NE to SR 28 0.39 Widen sidewalks, reconfigure on street parking.720,000 720,000 ALL 2026 STBG 622,800 97,200 Legend TOTALS 42,016,801 8,224,263 1,859,767 7,304,670 4,122,996 10,260,852 8,612,828 7,390,378 21,825,551 12,800,872 Projects with Secured Funding Highlighted in Yellow PE - Engineering CN - Construction RW - Right of Way 0.00 28 26 S:\Public Works\STIP\TIP & STIP 2021 - 2026\Exh A 2021 - 2026 TIP_4.17.202006/16/2020 Council Meeting Agenda Packet Page 75 of 169 06/16/2020 Council Meeting Agenda Packet Page 76 of 169 06/16/2020 Council Meeting Agenda Packet Page 77 of 169 06/16/2020 Council Meeting Agenda Packet Page 78 of 169 06/16/2020 Council Meeting Agenda Packet Page 79 of 169 06/16/2020 Council Meeting Agenda Packet Page 80 of 169 06/16/2020 Council Meeting Agenda Packet Page 81 of 169 06/16/2020 Council Meeting Agenda Packet Page 82 of 169 06/16/2020 Council Meeting Agenda Packet Page 83 of 169 06/16/2020 Council Meeting Agenda Packet Page 84 of 169 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor Crawford and City Council From/Presenter: Tom Wachholder, Project Development Manager Subject: Resolution 2020-19 – Declaring a 2002 Wittke Road Wizard Street Sweeper Owned by the City of East Wenatchee as Surplus Date: June 16, 2020 I. Summary Title: Resolution 2020-19 – A Resolution of the City of East Wenatchee declaring certain property owned by the City as surplus to the needs of the City II. Background/History: The City of East Wenatchee (City) purchased a new 2002 Wittke Road Wizard (Wittke) mechanical street sweeper in November 2001 for $146,460.37. This Wittke street sweeper has served as the primary mechanical street sweeper for the Public Works Department since. In the last three (3) years, the Wittke street sweeper has shown signs of significant wear and is currently in need of costly repairs. Please note, Wittke Waste (sweeper manufacturer) was purchased by Elgin in 2005; therefore, replacement parts are no longer available. As a result, the Public Works Department budgeted $355,000 in the 2020 Stormwater Capital Outlay account for the purchase of a new mechanical street sweeper. Proposed Resolution 2020-19, if approved, will declare the City’s Wittke street sweeper as surplus and allow the Public Works Department to send it to auction. III. Recommended Action: Approve Resolution 2020-19 declaring the City’s 2002 Sterling/Wittke Road Wizard Street Sweeper as surplus to the needs of the City. IV. Exhibits: 1. Resolution 2020-19 Financial Data: Expenditure Required Amount Budgeted Appropriation Required N/A N/A N/A 06/16/2020 Council Meeting Agenda Packet Page 85 of 169 City of East Wenatchee Resolution 2020-19 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 3 City of East Wenatchee, Washington Resolution No. 2020-19 A Resolution of the City of East Wenatchee declaring certain property owned by the City as surplus to the needs of the City. 1. Alternate format. 1.1 Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2 To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1 RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. 2.2 As required by RCW 35A.11.010, the City Council has a responsibility to dispose of property that has become surplus to the needs of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Declaration. The City Council declares the assets listed in Exhibit A as surplus to the City’s needs. 4. Public Hearing. Because the City Council estimates that none of the assets to be sold exceed $50,000 in value and because it will not transfer any property to another governmental agency at below market value, it will not hold a public hearing. 06/16/2020 Council Meeting Agenda Packet Page 86 of 169 City of East Wenatchee Resolution 2020-19 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 3 5. Sale of Property. The City Council instructs the Mayor or her designee to sell the assets listed on Exhibit A using such other means of marketing and as the Mayor or her designee reasonably determines to maximize the net return to the City on the sale. 6. Conflict of Interest. The City Council declares that it is a conflict- of-interest for a member of the City Council, the Mayor, or a city employee to purchase surplus property of the City. 7. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 8. Effective Date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 16th day of June, 2020. CITY OF EAST WENATCHEE, WASHINGTON By _________________________________ Jerrilea Crawford, Mayor ATTEST: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Devin Poulson, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 06/16/2020 Council Meeting Agenda Packet Page 87 of 169 City of East Wenatchee Resolution 2020-19 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 3 of 3 Exhibit A 1.) 2002 Sterling Truck Sweeper; Model: Wittke Road Wizard; Vin Number: 1FVAABBVX2DJ43219 06/16/2020 Council Meeting Agenda Packet Page 88 of 169 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council From/Presenter: Ike Lasswell, Information Systems Manager Subject: Data Backup, Restore and Archive System Vendor Selection and Contract Negotiation Date: June 16, 2020 I. Summary Title: RFP - Data Backup, Restore and Archive System – approval to enter into contract negotiations with selected proposer. II. Background/History: The City of East Wenatchee (The City) has received bids for RFP - Data Backup, Restore and Archive System. The City received proposals for a Data Backup, Restore and Archive System from three vendors. Solix Technologies, Acronis SCS, and CompuNet, Inc. This system is defined as: An integrated software and hardware system performing data deduplication, backup, restoration (including bare metal restoration), archival and remote data storage. The system will be sized to handle our current backup needs and be scalable to provide for a yearly increase of 1.25 terabytes of uncompressed data over the next 5 years. The purpose of the Request for Proposal (RFP) is to select a Proposer to provide all equipment, materials, training and supervision to analyze, scope, design, install, program, calibrate, adjust, document, and test the total system. The bid from Solix Technologies install and first year of maintenance was $434,625.00. The adjusted bid from Acronis SCS install and first year of maintenance was $72,226.01. The bid from CompuNet, Inc. install and first year of maintenance was $44,120.10. The bid from CompuNet, Inc. has been selected as the most advantageous to the City of East Wenatchee. 06/16/2020 Council Meeting Agenda Packet Page 89 of 169 III. Recommended Action: Approve the selection of CompuNet, Inc. and authorize the Mayor to enter into contract negotiations with CompuNet, Inc. (Statement of Work #) not to exceed $48,000. IV. Exhibits: 1. 2020-06-05 _ CompuNet Response - City of East Wenatchee RFP-Data Backup Restore and Archive System v2.pdf Financial Data: Expenditure Required Amount Budgeted Appropriation Required Backup Software = $16,138.03 Professional Services = $5,020.40 Annual Cloud Cost = $23,261.67 Backup System = $25,000 Professional Services = $5,000 Computer Hardware = $30,000 No TOTAL = $44,420.10 TOTAL = $60,000 06/16/2020 Council Meeting Agenda Packet Page 90 of 169 CompuNet, Inc. Corporate Headquarters | 2264 S. Bonito Way, Suite 150 | Meridian, ID 83642 | Toll Free: (877) 822-2841, Phone: (208) 286-3000 | Fax: (208) 286-3002 SPOKANE | 1326 N. Whitman Lane| Liberty Lake, WA 99019 http://www.compunet.biz Response to: REQUEST FOR PROPOSAL Data Backup, Restore and Archive System Proposal Due: June 5, 2020 4:00 p.m. (PST) 06/16/2020 Council Meeting Agenda Packet Page 91 of 169 06/16/2020 Council Meeting Agenda Packet Page 92 of 169 CompuNet, Inc. Corporate Headquarters | 2264 S. Bonito Way, Suite 150 | Meridian, ID 83642 | Toll Free: (877) 822-2841, Phone: (208) 286-3000 | Fax: (208) 286-3002 SPOKANE | 1326 N. Whitman Lane, Liberty Lake, WA 99019 http://www.compunet.biz TABLE OF CONTENTS I. GENERAL SPECIFICATIONS A. PURPOSE & INTRODUCTION B. SCOPE OF WORK C. NEW AND UNUSED D. BEST MODERN PRACTICES E. PUBLIC RECORDS ACT F. MINIMUM QUALIFICATIONS II. PROPOSALS A. SUBMITTALS B. DEADLINE FOR DELIVERY OF PROPOSALS C. QUESTIONS D. SUPPLEMENTAL INFORMATION E. REJECTION OF PROPOSALS F. NOTIFICATION TO UNSUCCESSFUL VENDORS G. MORE OR LESS H. DELIVERY I. PROPRIETARY INFORMATION J. TAXES & LICENSES K. RESPONSIBILITIES III. EVALUATION OF PROPOSALS AND AWARD A. PROPOSAL EVALUATION B. CONTRACT DEVELOPMENT C. AWARD D. NEGOTIATION IV. TECHNICAL SPECIFICATIONS A. TECHNICAL REQUIREMENTS B. ENVIRONMENT C. NOT TO BE CONSIDERED D. BACKUP SCHEDULE RETENTION E. IMPLEMENTATION PLAN F. DEFECTS CORRECTIONS G. TRAINING Attachments A. CompuNet Quote # MJS145083 B. CompuNet SOW # 661928 C. Reseller Authorization Letters • ExaGrid • Veeam • ILand D. EXAGRID PRODUCT CLICK WRAP LICENSE AGREEMENT E. EXAGRID PROGRAM OVERVIEW F. VEEAM CUSTOMER SUPPORT POLICY 06/16/2020 Council Meeting Agenda Packet Page 93 of 169 RFP - Data Backup, Restore and Archive System Page 1 of 18 REQUEST FOR PROPOSALS Table 1 - Solicitation Schedule Event Date RFP Issued May 22nd, 2020 Deadline for Questions June 4th, 2020 no later than 5:00 PM Proposals Due to the City June 5th, 2020 no later than 4:00 PM Announcement of Successful Proposer(s)* June 8th, 2020 Anticipated Contract Agreement* June 16th, 2020 *Estimated dates. The City reserves the right to modify this schedule at the City’s discretion. Notification of changes in the response due date would be posted on the City website or as otherwise stated herein. All times and dates are Pacific Time. I. GENERAL SPECIFICATIONS A. PURPOSE & INTRODUCTION The City is seeking proposals for a Data Backup, Restore and Archive System. This system is defined as: An integrated software and hardware system performing data deduplication, backup, restoration (including bare metal restoration), archival and remote data storage running on dissimilar Windows servers, Linux Server, Hyper-V, and Office 365 based systems. System should be configured to adequately backup the current 3.5TB of uncompressed data. The provided system shall be scalable to provide for a yearly increase of 1.25 terabytes of uncompressed data over the next 5 years. The purpose of this Request for Proposal (RFP) is to select a Proposer to provide all equipment, materials, training and supervision to analyze, scope, design, install, program, calibrate, adjust, document, and test the total system. [CompuNet Response] - Read and understood B. SCOPE OF WORK This subsection contains, in general terms, the overall objectives of the City and is issued with the intent of obtaining the services and products of a data deduplication, backup, restoration, archival and remote storage vendor. The Vendor, with its own forces, or through City approved joint ventures, shall perform all the work described in the Technical Specifications, enabling the City to achieve the objectives described in this document. The Proposer shall acknowledge that a strict compliance schedule exists, and that time is of the essence for this project. 06/16/2020 Council Meeting Agenda Packet Page 94 of 169 RFP - Data Backup, Restore and Archive System Page 2 of 18 Each proposer providing a proposal for consideration by the City is responsible for obtaining information on the conditions and restrictions involved with meeting the obligations and providing the services as set forth in this RFP. The failure or omission of a proposer to obtain adequate information will in no way relieve the proposer of any obligation with respect to this RFP or to an associated contract. Shall a proposer’s product not include hardware; the proposer must include minimum hardware specifications to meet the stated objectives. The cost of the hardware will be added to the item cost for purposes of comparison. Hardware selection will be at the discretion of The City Technology Services. [CompuNet Response] - Read and understood C. NEW AND UNUSED All equipment, parts and material shall be new, unused, manufacturer's latest model and in current production. All materials shall have written specifications to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and longevity. [CompuNet Response] - Read and understood D. BEST MODERN PRACTICES All work, including design, shall be performed and completed in accordance with the best modern practices, further, no detail necessary for safe and regular operation shall be omitted. [CompuNet Response] - Read and understood E. PUBLIC RECORDS ACT Washington State Law (reference RCW Chapter 42.56, the Public Records Act) declares that all materials received or created by the City of East Wenatchee are considered public records. These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material. The State of Washington’s Public Records Act requires that the City promptly disclose public records upon request unless that RCW or another Washington State statute specifically exempts records from disclosure. Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108). Bidders/proposers must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://www1.leg.wa.gov/LawsAndAgencyRules. [CompuNet Response] - Read and understood 06/16/2020 Council Meeting Agenda Packet Page 95 of 169 RFP - Data Backup, Restore and Archive System Page 3 of 18 F.MINIMUM QUALIFICATIONS The following are minimum qualifications and licensing requirements that the Proposer must meet in order for their proposal submittal to be eligible for evaluation. The City requests a one- page or appropriate-length document as part of your proposal response, to clearly show compliance to these minimum qualifications. The RFP Coordinator may choose to determine minimum qualifications by reading that single document alone, so the submittal should be sufficiently detailed to clearly show how your firm meets the minimum qualifications without looking at any other material. Proposals that are not clearly responsive to these minimum qualifications may be rejected by the City without further consideration: 1.One or more years of related experience as an individual firm. If proposing as a joint venture, the combined total related experience of partner firms must be one or more years. 2.Experience designing and implementing backup and recovery systems that utilize both on premise hardware and cloud storage. 3.Authorized Partner (or Factory Authorized Reseller) for hardware, software, and cloud services. The Proposer, if other than the manufacturer, upon request shall submit with its proposal a current, dated, and signed authorization from the manufacturer that the Proposer is an authorized partner, distributor, dealer or service representative and is authorized to sell the manufacturer’s products. Failure to comply with this requirement may result in proposal rejection. This includes the certification to license the product and offer in-house service, maintenance, technical training assistance, and warranty services, including availability of spare parts and replacement units if applicable. [CompuNet Response] – See Cover Letter and reseller authorization letters included in the Attachments. II.PROPOSALS A.SUBMITTALS All submissions become property of the City and will not be returned. All conditions contained in this RFP are considered accepted by the vendor in any proposal submitted. The accepted proposal will become part of the formal contract and will be included as an attachment to the contract. The proposal pricing must remain in effect for at least ninety (90) days after the date of submission. Proposals having any erasures or corrections thereon may be rejected unless explained or noted over the signature of the proposer. Vendors shall submit proposals on company letterhead and be signed with an authorized signature. By signing this proposal, the undersigned hereby acknowledges that they are authorized and duly bound to execute this document on behalf of the company and that his/her signature is binding on the company. [CompuNet Response] - Read and understood. See responses to each item below. 06/16/2020 Council Meeting Agenda Packet Page 96 of 169 RFP - Data Backup, Restore and Archive System Page 4 of 18 Proposals shall include the following sections: 1. Technical requirement: Include the “Technical Requirements” section from this RFP. [CompuNet Response] – See responses to Section A-Technical Requirements below. 2. Technical response: Provide a detailed technical description of the Vendor solution, including detailed information on software and hardware capabilities, and how it will effectively meet the requirements outlined in this RFP. [CompuNet Response] – The proposed solution includes backup software from Veeam, hardware from ExaGrid and cloud storage with O365 backup from iland. Veeam is a powerful yet easy to use backup solution that offers fast, reliable, secure backups and archive. ExaGrid is a deduplicating backup appliance that provides a fast, secure backup repository. It integrates well with Veeam through is Veeam Integrated Data Mover that is installed from the factory on the ExaGrid appliance. The ExaGrid is easily expanded by adding more nodes which results in increased performance and capacity. Iland will provide cloud archive storage and O365 backup. iland is a Veeam Cloud Connect Partner which enables Veeam to easily connect to iland’s backup storage where Veeam will make additional backup copies in iland’s datacenter to provide cost effective, offsite, long term storage. iland utilizes Veeam’s O365 backup engine to backup O365 email, SharePoint, OneDrive and Teams data to iland’s datacenter. iland has an easy to use interface that allows you to perform restores, add more storage and see key metrics. 3. Proposers experience and qualifications: Provide an evaluation based upon the proposer’s previous successful implementation of similar integrated systems. Reference and contact information must be included. References may be checked. [CompuNet Response] – Walla Walla County Chad Goodhue, Information Technology Manager Ph. (509) 524-2590 cgoodhue@co.walla-walla.wa.us City of Kennewick Mike O’Brien, Sr. Systems Engineer Ph. (509) 585-4320 mikeo@ci.kennewick.wa.us Northwest Orthopaedic Specialist Brian Murphy, Director of Information Technology Ph. (509) 343-3905 BMurphy@nwos-spokane.com 06/16/2020 Council Meeting Agenda Packet Page 97 of 169 RFP - Data Backup, Restore and Archive System Page 5 of 18 4. Proposers partner relationships with the products that they are quoting. [CompuNet Response] - CompuNet is an authorized ExaGrid and iland partner and a Veeam ProPartner Platinum Reseller. See Reseller Authorization letters included in the Attachments. 5. Installation, testing, training, activation, service, and maintenance: a. Provide a written, detailed implementation plan describing how and when the software will be installed. Include training, a chronological timetable, sequence of installation, data migration, integration of applications, and required interfaces. [CompuNet Response] – Refer to the CompuNet Statement of Work (SOW) included in the Attachments. b. The vendor shall provide a copy of their proposed agreement and related software license, written 1-year maintenance plans for vendor provided software and hardware. [CompuNet Response] – Refer to the following link and Attachments: • Veeam End User License Agreement • ExaGrid Product Click Wrap License Agreement • ExaGrid Program Overview • Veeam Customer Support Policy 6. Cost: Proposal shall include the full price for the system, including detailed pricing of labor; all software listed out; all hardware listed out; cost of services, etc. Prices shall include delivery, installation, integration, and acceptance testing. The Proposal shall include an allocation for the appropriate sales and use tax. [CompuNet Response] – See included CompuNet Quote and SOW. Proposals should include the following information: 1. Pricing Information: Include the pricing for each application included in your proposal and the applicable basis for pricing (per seat, installation etc.). a. Software. b. Hardware c. Maintenance software. d. Other required software. [CompuNet Response] – See included CompuNet Quote. 06/16/2020 Council Meeting Agenda Packet Page 98 of 169 RFP - Data Backup, Restore and Archive System Page 6 of 18 2. Software Installation: a. Describe any software installation support that is included at no additional cost to the City. [CompuNet Response] – Please refer to the CompuNet SOW provided. b. Describe additional software installation support that can be purchased for additional cost. [CompuNet Response] – N/A 3. Cloud Storage: a. Describe the proposed cloud service offerings. [CompuNet Response] – Iland is providing both Veeam Cloud Connect Backup for long term backups and instant granular recovery. As well, iland is providing a fully managed O365 Backup Solution Iland Veeam Cloud Connect Backup • Veeam Cloud Connect Backup 15TB of Offsite backups (at full retention, recommended would be to grow to 15TB as the monthly fulls build) • Granular Recovery -- able to restore VMs/Files directly out of Veeam environment • No additional charge for egress/ingress/restore fees/etc. • End-to-End Encryption - Secure TLS connection between prod and iland • No additional Veeam Licensing required • (Optional) Included Insider Protection -- air-gapped repository to prevent against ransomware, accidental deletion or malicious employee. • CJIS Compliant environment Iland O365 Backup • 70 Mailboxes protected • Includes Veeam O365 Backup Licensing • Includes OneDrive & SharePoint • Unlimited Retention & Unlimited Storage • Encrypted-in-Flight & Encrypted-at-Rest • Direct Connectivity with Azure node -- never touches your network • Granular restores -- can pull down individual .pst for example • CJIS Compliant environment 06/16/2020 Council Meeting Agenda Packet Page 99 of 169 RFP - Data Backup, Restore and Archive System Page 7 of 18 b. Describe the pricing structure of the cloud storage. [CompuNet Response] – The Veeam Cloud Connect storage is a single line-item that is based on the retention policy for the City of Wenatchee. The only cost the City of Wenatchee pays would be the storage cost—which will not increase unless specified by the City. There are no additional costs for egress, ingress, API calls, restores, or bandwidth. The O365 Backup Solution for the City of East Wenatchee is a single line item based on the users within your O365 environment. This solution includes OneDrive and SharePoint, with unlimited retention & unlimited storage. Pricing is based on 36-month term and can be billed annually for the City of East Wenatchee. 4. Maintenance / Security: a. Describe maintenance support that is included in the software pricing at no additional cost to the City. [CompuNet Response] – N/A 06/16/2020 Council Meeting Agenda Packet Page 100 of 169 RFP - Data Backup, Restore and Archive System Page 8 of 18 b. Describe the cost of optional maintenance contracts that would be available for purchase. [CompuNet Response] – ExaGrid quoted 5x8 NBD support but offers 7x24x4 maintenance & support uplift if required. Veeam quoted is at basic support which is also 8x5xNBD. Software updates are included in basic support. c. Describe the cost of any annual renewals and what they cover. [CompuNet Response] – ExaGrid maintenance and support renewal will increase no more than 3% year over year. Veeam support will be renewed annually and is subject to increase at the discretion of Veeam. d. Explain security features and processes for the applications. [CompuNet Response] – ExaGrid’s current and future security features: • Long-term Retention Repository data (Retention Tier) - Is not network facing - Is immutable and - Cannot change or write over it – cannot be encrypted • ExaGrid with Veeam - Secure Windows Login to the Veeam Backup Server - Proprietary Veeam Protocol communicating to ExaGrid Server - Accelerated Data Mover running on the ExaGrid Server - Backups go to a Veeam Hidden Share Repository - Veeam Data Mover runs in an isolated environment on the ExaGrid server which limits system access, has no root privileges, and runs only when activated by Veeam operations. • Additional protection - ExaGrid software updated at least once per quarter with the latest appropriate CVE fixes, reducing the ways ransomware can gain access to ExaGrid servers. Software may be updated more frequently as dictated by CVE severity - Each ExaGrid server runs a proper firewall and a customized Linux distribution that opens just the ports and runs just the services necessary for receiving backups, web-based GUI, and ExaGrid-to-ExaGrid replication - Communications between ExaGrid servers is secured using Kerberos authorization and authentication, protecting from a “man in the middle” attack from malicious users or software - A complete vulnerability assessment is run periodically against ExaGrid’s software using the Beyond Trust’s Retina Network Vulnerability Scanner. This tool is the security industry’s most respected and validated vulnerability assessment tool. Audit risks identified by Retina are evaluated by ExaGrid engineering and appropriate resolution is applied. 06/16/2020 Council Meeting Agenda Packet Page 101 of 169 RFP - Data Backup, Restore and Archive System Page 9 of 18 - Boot protection on SEC secure models that requires an entry of password during the ExaGrid system boot - Supports syslog - Backup data is kept in the ExaGrid internal storage on an industry-standard logging file system where file activity is logged for integrity and quick repair after an unclean shutdown • Retention Time-Lock (Targeted Release Date Fall 2020) - Any delete of repository data has a time delay - Uses approx. 2% additional repository storage per week in the retention tier (30 days = 10%) - Any deletion will not be performed in the repository for up to 30 days - Once threat detected invoke “recover mode” which stops the clock for Retention Time-Lock providing you an indefinite period of time to recover and allow forensics by the FBI. - Two-Factor Authentication (2FA) required for Admin and Security Officer roles - Security Officer password to change or turn off Retention Time-Lock • Retention Time-Lock will be released as part of a firmware update which means: - No additional licensing cost will be incurred upon release - No additional system(s) purchase will be required - No change to customer’s backup application - No extra work required, just a one-time configuration of the desired Time- Lock period - All backup, deduplication, replication operations continue normally - No change to RTO and RPO SLA requirements - Protects recent and long-term retention backup data – all under same Time- Lock 5. Hardware Installation: a. Describe any hardware requirements not included in this quote [CompuNet Response] – ExaGrid does not supply the networking cables. b. Describe the space, power, & network requirements needed for the proposed hardware. [CompuNet Response] – ExaGrid: Space 2U Chassis Power Frequency: 50-60 Hz / Voltage: 100-240 VAC Two NEMA5-15P to C13 US power cords, 6ft. 270W (2.25A @ 120VAC) 06/16/2020 Council Meeting Agenda Packet Page 102 of 169 RFP - Data Backup, Restore and Archive System Page 10 of 18 Networking Includes Four 1GbE NIC ports Optional 2 x 10GbE NIC ports (10GbE NIC card would be additional cost) The 10GbE NIC supports interface type of optical, twin-ax or 10Base-T 6. Documentation: a. Describe the documentation provided by the vendor at no additional charge under the terms of this proposal. [CompuNet Response] – ExaGrid: Customer will be able to access admin guides, best practice guides (i.e. using Veeam with ExaGrid) and other documentation necessary to run backups successfully. Veeam: Provides an excellent online user knowledge base forum. https://www.veeam.com/support.html Iland: Customer has access to a robust success center for Clients to use if required for any service. b. Describe the costs for any additional documentation which may be required by the City. [CompuNet Response] – ExaGrid: N/A Iland: N/A Veeam: N/A c. Describe any costs associated with ongoing documentation maintenance. [CompuNet Response] – ExaGrid: N/A Iland: N/A Veeam: N/A 7. Implementation: a. Describe in detail the level of support and expiration date of support to be provided by vendor at no costs to the City through system implementation. [CompuNet Response] – Please refer to the CompuNet SOW included in the Attachments. b. Describe vendor support available throughout the course of system implementation and schedule of rates and services. [CompuNet Response] – Please refer to the CompuNet SOW included in the Attachments. 06/16/2020 Council Meeting Agenda Packet Page 103 of 169 RFP - Data Backup, Restore and Archive System Page 11 of 18 c. Detail an installation schedule based on your experience. Include all major tasks. [CompuNet Response] – Please refer to the CompuNet SOW included in the Attachments. 8. Training: a. Describe any training that is included at no additional cost to the City. [CompuNet Response] – Please refer to the CompuNet SOW included in the Attachments. b. Describe any training services available for additional cost. [CompuNet Response] – Please refer to the CompuNet SOW included in the Attachments. 9. Third Party Software: a. Describe any recommended or proposed software and associated costs. [CompuNet Response] - We are not recommending any software outside of the proposed solution. b. Explain how software updates are distributed. [CompuNet Response] – ExaGrid: Software updates can be downloaded directly from the ExaGrid console. Your Level-2 ExaGrid Support Engineer can perform the upgrade for you (there is no cost for this). Veeam: Veeam is downloaded from the Veeam support portal anytime an update is released. The customer is responsible for downloading and applying the updates. c. If proposal includes Software as a Service/cloud-based implementation, describe the pricing structure. [CompuNet Response] - CompuNet has proposed iland. Please refer to the CompuNet included in the Attachments. 10. Other: describe any other costs not discussed above. [CompuNet Response] – N/A 06/16/2020 Council Meeting Agenda Packet Page 104 of 169 RFP - Data Backup, Restore and Archive System Page 12 of 18 B. Deadline for Delivery of Proposals All proposals shall be sent via mail in electronic format or sent via electronic mail to the City of East Wenatchee no later than 4:00pm Pacific Standard Time on June 5th, 2020 per the instructions in the Request for Proposal: All mailed proposals shall contain the full name of the person, agency or company submitting the proposal, and shall be signed by an official authorized to execute a contract. Mailed proposal envelopes shall be clearly marked as follows: City of East Wenatchee Attn: RFP – Data Backup 271 9th St. NE City Clerk’s Desk East Wenatchee, WA 98802 Proposals received after the above deadline will not be eligible for consideration. The deadline will be strictly adhered to. Late proposals will not be considered. Proposals, which do not include all requested information and required documentation, may be considered nonresponsive. The City will not be liable for any costs incurred by the Proposer in preparation of a proposal submitted in response to this RFP, in the conduct of a presentation, in facilitating site visits or any other activities related to responding to this RFP. [CompuNet Response] - Read and understood C. QUESTIONS Questions regarding this project may be directed to the IS Department – itcontracts@eastwenatcheewa.gov. To maintain the integrity of this process, elected officials shall not be contacted regarding this RFP by any proponent until after the selection of the preferred proponent. [CompuNet Response] - Read and understood D. SUPPLEMENTAL INFORMATION If it becomes necessary to provide supplemental information regarding this RFP, this will be provided electronically via email. If you wish to receive any supplemental information, please make a request via email to the IS Department – itcontracts@eastwenatcheewa.gov. [CompuNet Response] - Read and understood E. REJECTION OF PROPOSALS The City of East Wenatchee reserves the right to reject any and all proposals, and to waive any irregularities of information in the evaluation process. [CompuNet Response] - Read and understood 06/16/2020 Council Meeting Agenda Packet Page 105 of 169 RFP - Data Backup, Restore and Archive System Page 13 of 18 F. NOTIFICATION TO UNSUCCESSFUL VENDORS Proposers, whose proposals have not been selected, will be so notified by mail, fax or electronic mail. [CompuNet Response] - Read and understood G. MORE OR LESS Quantities are estimated only and shall be priced on a MORE OR LESS basis. For the purpose of comparison, prices shall be made on the various components in the quantities listed in the proposal. Listed quantities shall not be considered firm estimates of requirements for the year, nor shall the City be bound or limited to quantities listed. [CompuNet Response] - Read and understood H. DELIVERY Each proposer is required to list on the proposal the number of calendar days he/she expects delivery to be made at the destination, in terms of time interval, following placement of order. Time of delivery is important and will be considered in the evaluation of the proposals. Failure to include a specific number of calendar days may be sufficient grounds for rejection of Proposal. Upon delivery, the equipment shall be thoroughly tested in operation by an authorized representative of the City to check on the performance of the equipment and operation of the unit as a whole. [CompuNet Response] - ExaGrid currently has a 24-hour lead time for the EX10000E-SEC model meaning we will ship within 1-2 business days upon receipt of purchase order. If shipped via standard priority transport time will be 3 days (Estimated cost to ship = $300) I. PROPRIETARY INFORMATION Any proprietary information revealed in the proposal should, therefore, be clearly identified as such. [CompuNet Response] - Read and understood J. TAXES & LICENSES All lump sum prices shall include sales tax in the proposal price unless otherwise noted. The successful vendor is expected to obtain and pay for all required Federal, State, and local licenses and permits required for purchase and installation. [CompuNet Response] - Read and understood K. RESPONSIBILITIES Proposer will provide the software product(s), other products, support provide implementation and other services as required by the City in the final contract. These software products, other products, support and services shall be accompanied by the software documentation and include program specifications that describe the program setup, operation, and maintenance. [CompuNet Response] - Read and understood 06/16/2020 Council Meeting Agenda Packet Page 106 of 169 RFP - Data Backup, Restore and Archive System Page 14 of 18 III. EVALUATION OF PROPOSALS AND AWARD A. PROPOSAL EVALUATION The City will use the following factors to evaluate the proposals: 1. System capabilities of meeting the requirements as set forth in the Technical Requirements. 2. Installation, integration, testing, training, and service: Evaluation based on the implementation plan, timeline, user training plans, and required maintenance. 3. Respondent experience and qualifications related to maintaining the computers and computer system in a like environment. 4. Respondent references for comparable services, noting the type and quality of past Proposer performance. 5. Total cost for services. 6. RFP response document completeness. Following receipt and review of the proposals by the City of East Wenatchee, selected firm(s) may be invited to an interview with the City of East Wenatchee. The decision to interview the respondents will be at the City's sole discretion based on evaluation of each respondent's proposal. Although the City of East Wenatchee may conduct interviews to select final candidates for award of this work, it is not the City's intent to seek extensive clarification of the proposals received. Therefore, it is to the benefit of the respondent to provide an explicit, detailed, and complete discussion of the work in the proposal. [CompuNet Response] - Read and understood B. CONTRACT DEVELOPMENT The City intends to enter into a contractual agreement with the apparent successful Proposer for providing the needed professional services. Contract negotiations will proceed following selection of the apparent successful proposal. The content of the Request for Proposals and the successful Vendor proposal will become integral parts of the contract but may be modified by the provision of the contract. If a contract, for any reason, cannot be negotiated, another Vendor may be selected based on the next best proposer. [CompuNet Response] - Read and understood 06/16/2020 Council Meeting Agenda Packet Page 107 of 169 RFP - Data Backup, Restore and Archive System Page 15 of 18 C. AWARD The City reserves the right to be the sole judge of the acceptability of a response. This is a competitive negotiation process. The City will evaluate the proposals in accordance with RCW 39.04.270 in order to determine the most advantageous proposal. There is no commitment on the part of the City to accept the lowest cost proposal or the conditions imposed by the Proposer as a requirement of acceptance. Although these are significant evaluation factors, the City reserves its unqualified right, without limitation, to consider any and all other factors that may significantly impact the proposal. The City of East Wenatchee is an equal opportunity employer and encourages all qualified small and disadvantaged owned consulting firms to respond. The final decision is the sole decision of the City of East Wenatchee, and the respondents to the RFP have no appeal rights or procedures guaranteed to them [CompuNet Response] - Read and understood D. NEGOTIATION The City reserves the right to negotiate any and all elements of this Proposal. [CompuNet Response] - Read and understood IV. TECHNICAL SPECIFICATIONS Each bidder shall include the “Technical Requirements” section with their bid. Vendor shall check “YES” if they do comply 100% with that particular specification, or “NO” if they do not. If “NO” is checked, vendor must include comments to explain how their specification deviates. Checking “NO” on any item will not necessarily disallow vendors bid. The City shall be the sole judge as to whether an exception is acceptable or not. Vendors must respond to all objectives with yes or no answer and provide thorough explanations. Attach full system diagram showing all components of proposed The City solution with indication of vendor and cost. Submit manufacturer’s product data and specifications for each material and equipment, including other data as may be required to show compliance with these specifications. [CompuNet Response] - Read and understood 06/16/2020 Council Meeting Agenda Packet Page 108 of 169 RFP - Data Backup, Restore and Archive System Page 16 of 18 A. Technical Requirements The overall objective of this RFP is to result in a contract with a qualified vendor who can adequately provide products and services as described in the specifications of this RFP and best meets, in the City’s sole opinion, the following objectives: 1. Disk to disk backup of mission critical data so it is easily restorable should the production data be deleted or corrupted. (YES __X / NO ) 2. Restore at the file level. (YES __ X / NO ) 3. Provide a bare metal restoration if desired. (YES __ X / NO ) 4. Ability to backup and restore the following products and systems: 4.1. Microsoft Windows Server 2012, 2012R2, 2016, 2019 (YES __ X / NO ) 4.2. Microsoft SQL Database 2014, 2016, 2017, 2019 (YES __ X / NO ) 4.3. Microsoft Office 365 4.3.1. SharePoint Online (YES __ X / NO ) 4.3.2. Microsoft Exchange Online (YES__ X / NO ) *ExaGrid does not support backing up Exchange Online with Veeam, but iland will support it. 4.3.3. Microsoft OneDrive (YES __ X / NO ) 4.4. Linux Server (YES __ X / NO ) 4.5. Windows Hyper-V (YES __ X / NO ) 4.6. Backup and restore Hyper-converged infrastructure. (YES __/ NO X _) Veeam + ExaGrid is not a hyperconverged backup solution by definition as that would mean both the backup software and backup hardware is “bundled” into one platform. That said Veeam + ExaGrid will integrate just as tightly as a hyper converge solution, here is how: Veeam has a feature that integrates into the ExaGrid appliance which is called the ExaGrid- Veeam Accelerated Data Mover. In essence, the Veeam Data Mover execution engine moves from the Veeam server to the ExaGrid appliances, freeing up both network and server resources; now, the tasks required for executing full, incremental, and synthetic backups are offloaded to the ExaGrid appliances. Two key benefits result from this. First, it enables Veeam-to-Veeam communications, ensuring faster backups and restores than when Veeam communicates via CIFS or NFS (30% faster backups, 6x faster synthetic fulls). Second, many tasks perform faster inside ExaGrid than when using Veeam backup server and network resources (for example enabling Veeam SureBackup and Veeam VirtualLab). On top of this technical integration the Level 2 ExaGrid Support Engineer that will be assigned to your account will be very knowledgeable with Veeam meaning will be able to address Veeam related questions saving support time as well as finger pointing. Veeam and ExaGrid have been partnered for over 10 years. Lastly, ExaGrid does have some hyper converge traits as the solution can Scale Out meaning if additional storage is needed the expansion will including Networking, CPU, storage which will maintain your backup window (i.e. performance) which eliminates the need to “fork lift” replace ExaGrid and ultimately helps build a powerful TCO. 5. Will perform archiving, either to disk, cloud or combination of the two. (Archiving is defined as the removal of “old” files to a removable media) (YES __ X / NO ) 6. Ability to remove “old” data from primary backup unit. (YES __ X / NO ) 7. Ability to back up to and restore from a CJIS compliant cloud storage. (YES __ X / NO ) 8. Archived data must be catalogued. (YES __ X / NO ) 06/16/2020 Council Meeting Agenda Packet Page 109 of 169 RFP - Data Backup, Restore and Archive System Page 17 of 18 9. Includes hardware and software for remote data storage in combination with local storage. (YES __ X / NO ) 10. Performs data deduplication and compression. (YES __ X / NO ) 11. Backup data is protected against malware infections. (YES __ X / NO ) 12. Offers a single management console or similar software for administration, scheduling, and file restoration. (YES __ X / NO __) 13. Backup hardware capacity can be expanded. (YES __ X / NO ) 14. Ability to perform full backups as well as incremental. (YES __ X / NO ) 15. User will have the ability to set schedules for various backups. (YES __ X / NO ) 16. Provide status messages via email of success or failure of scheduled backups. (YES __ X / NO ) 17. Encrypt local data while at rest using FIPS 140-2 encryption. (YES __ X / NO ) 18. Encrypt cloud data while at rest and in transit using FIPS 140-2 encryption. (YES __ X / NO ) 19. Perform system wide incremental backups within a backup window of less than 8 hours. (YES __ X / NO __) B. ENVIRONMENT Proposer will scope, design, deliver, install and configure a data deduplication, backup, restoration, archival and remote storage solution for the following environment: Hardware: • 5 physical windows servers (6 total sockets) • 10 Virtual Servers (Windows and Linux) • 1GB LAN connections [CompuNet Response] - Read and understood Files Types and Size: • File Data – Approximately 2.5TB uncompressed. • Exchange Online – 68 mailboxes holding approximately 150GB of email. • SharePoint Online – 1.25TB uncompressed. • Total growth of all data about 1.25TB per year. [CompuNet Response] - Read and understood Physical Locations: • Primary backup system will be located in the datacenter. • Offsite location on campus connected by fiber. [CompuNet Response] - Read and understood C. NOT TO BE CONSIDERED • Tape system • Cloud back that is not CJIS compliant [CompuNet Response] - Read and understood 06/16/2020 Council Meeting Agenda Packet Page 110 of 169 RFP - Data Backup, Restore and Archive System Page 18 of 18 D. BACKUP SCHEDULE RETENTION The City’s desired backup schedule • Daily incremental backups • Weekly full backups The City’s desired backup retention schedule is as follows: • 2 weeks of incremental backups on local storage • 4 weeks of full backups on local storage • 1 year of monthly full backups on cloud storage [CompuNet Response] - Read and understood E. IMPLEMENTATION PLAN The Proposer will develop and include in the RFP a detailed implementation plan document. The implementation plan will be used to monitor and assess the progress and provide system documentation. The implementation plan document will at a minimum include: 1. Hardware install and configuration. 2. Software installation. 3. Testing. 4. Validation. 5. Client deployment. 6. User training and documentation. [CompuNet Response] - Read and understood F. DEFECTS CORRECTIONS Throughout implementation and during the terms of all support and maintenance agreements, including all renewal periods, Vendor will correct all defects to the extent those defects originate from the acts or omissions of Vendor's products or personnel. [CompuNet Response] - Read and understood G. TRAINING The Vendor must list training options, time requirements, and “Best Practices” recommendations in the cost proposal. Training options should include but not be limited to: a. System Installation b. System Administration [CompuNet Response] - Read and understood. Training is included. Please refer to the CompuNet SOW included in the Attachments. Vendor must list in the cost proposal whether the training is provided offsite or onsite, training duration, and the training level. The Vendor will work with Information Systems staff to determine exact training requirement prior to application installation. [CompuNet Response] - Read and understood 06/16/2020 Council Meeting Agenda Packet Page 111 of 169 Remit to: CompuNet, Inc. PO Box 35143 Seattle WA 98124-5143 Request for Proposal - Data Backup, Restore and Archive System 271 9th St N.E. East Wenatchee, WA 98802 Prepared by: Marilynne Schott 208-562-4727 mschott@compunet.biz Prepared for: Ike Lasswell (509) 884-9515 Ilasswell@east-wenatchee.com Bill To: City of East Wenatchee 271 9th St N.E. East Wenatchee, WA 98802 City of East Wenatchee Ship To:Quote Information: Quote #: MJS145083 Version: 1 Delivery Date: 06/04/2020 Expiration Date: 07/02/2020 Veeam Backup & Replication Enterprise Plus Description List Price Price Qty Ext. Price P-VBRPLS-VSP0000- 00 Veeam Backup & Replication Enterprise Plus - Public Sector. Includes 1st year of Basic Support. $2,328.75 $1,931.11 4 $7,724.44 P-VBRVUL-0ISU1YP- 00 Universal license, sold by bundles of 10. Includes VM, Server or Workstation Agents, Cloud VM or App Plug-In SAP/Oracle and NAS $1,080.00 $895.59 1 $895.59 Subtotal:$8,620.03 ExaGrid Description List Price Price Qty Ext. Price EX10000E-SEC Disk Capacity: Raw: 32 TB, Useable: 20 TB. 10 TB Full Backup. Disks are encrypted. $29,950.00 $19,966.67 1 $19,966.67 EX-1YR-MS-S One year 5 x 8 Customer Support and product Maintenance $4,492.50 $2,995.00 1 $2,995.00 Subtotal:$22,961.67 CompuNet Services Description List Price Price Qty Ext. Price CNet Pro Services-DC CompuNet Professional Services-Per SOW 661928 $5,020.40 $5,020.40 1 $5,020.40 Subtotal:$5,020.40 Page: 1 of 3 06/16/2020 Council Meeting Agenda Packet Page 112 of 169 Remit to: CompuNet, Inc. PO Box 35143 Seattle WA 98124-5143 Request for Proposal - Data Backup, Restore and Archive System Shipping Description List Price Price Qty Ext. Price Shipping Ground Shipping $300.00 $300.00 1 $300.00 Subtotal:$300.00 Page: 2 of 3 06/16/2020 Council Meeting Agenda Packet Page 113 of 169 Remit to: CompuNet, Inc. PO Box 35143 Seattle WA 98124-5143 Request for Proposal - Data Backup, Restore and Archive System Description Amount Quote Summary Veeam Backup & Replication Enterprise Plus $8,620.03 ExaGrid $22,961.67 CompuNet Services $5,020.40 Subtotal:$36,602.10 Shipping:$300.00 Estimated Tax:$2,646.17 Total:$39,548.27 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Your electronic signature, per the Electronic Signature Act, is considered equivalent to your signed and faxed signature, and allows you to accept and place your order. A copy of this acceptance and the attached proposal document will be sent to your email address to complete your order acceptance. You are NOT required to electronically sign your order, you may fax or email your signed proposal to your Account Manager. Signature: Printed Name: Date: PO Number: City of East Wenatchee Page: 3 of 3 06/16/2020 Council Meeting Agenda Packet Page 114 of 169 SOW # 661928 – Data Backup Restore and Archive – City of East Wenatchee This document is PROPRIETARY and CONFIDENTIAL and may not be duplicated, redistributed, or displayed to any other party without the expressed written permission of CompuNet, Inc. Phone: (208) 286-3006|1326 N. Whitman Lane, Liberty Lake, WA 99019 For further descriptions of products and services, visit us at: www.compunet.biz Page 1 of 6 STATEMENT OF WORK Data Backup Restore and Archive SOW # 661928 CITY OF EAST WENATCHEE June 4, 2020 Prepared for: City of East Wenatchee 271 9th St N.E. East Wenatchee, WA 98802 Prepared by: CompuNet, Inc. 1326 N. Whitman Lane Liberty Lake, WA 99019 06/16/2020 Council Meeting Agenda Packet Page 115 of 169 SOW # 661928 – Data Backup Restore and Archive – City of East Wenatchee This document is PROPRIETARY and CONFIDENTIAL and may not be duplicated, redistributed, or displayed to any other party without the expressed written permission of CompuNet, Inc. Phone: (208) 286-3006|1326 N. Whitman Lane, Liberty Lake, WA 99019 For further descriptions of products and services, visit us at: www.compunet.biz Page 2 of 6 TABLE OF CONTENTS TABLE OF CONTENTS .............................................................................................................................................. 2 CLIENT ................................................................................................................................................................... 3 PRIMARY CONTACTS .............................................................................................................................................. 3 RECORD OF REVISIONS .......................................................................................................................................... 3 EXECUTIVE SUMMARY ........................................................................................................................................... 3 PROJECT OVERVIEW .............................................................................................................................................. 3 PROJECT SCOPE ..................................................................................................................................................... 4 PHASE 1: EXAGRID DEPLOYMENT....................................................................................................................................... 4 PHASE 2: VEEAM DEPLOYMENT......................................................................................................................................... 4 PHASE 3: OFFICE 365 ..................................................................................................................................................... 4 PHASE 4: KNOWLEDGE TRANSFER ...................................................................................................................................... 4 ADDITIONAL PROJECT SPECIFIC TECHNICAL INFORMATION ...................................................................................................... 4 DOCUMENTATION........................................................................................................................................................... 4 OUTAGES ...................................................................................................................................................................... 4 ENGAGEMENT AND FEE SCHEDULE ........................................................................................................................ 5 SCHEDULE ..................................................................................................................................................................... 5 COMPUNET PROFESSIONAL SERVICES FEE ........................................................................................................................... 5 EXPENSES AND TRAVEL TIME............................................................................................................................................. 5 CONDITIONS OF AGREEMENT ................................................................................................................................ 5 SIGNOFF AND AGREEMENT.................................................................................................................................... 6 06/16/2020 Council Meeting Agenda Packet Page 116 of 169 SOW # 661928 – Data Backup Restore and Archive – City of East Wenatchee This document is PROPRIETARY and CONFIDENTIAL and may not be duplicated, redistributed, or displayed to any other party without the expressed written permission of CompuNet, Inc. Phone: (208) 286-3006|1326 N. Whitman Lane, Liberty Lake, WA 99019 For further descriptions of products and services, visit us at: www.compunet.biz Page 3 of 6 CLIENT City of East Wenatchee 271 9th St N.E. East Wenatchee, WA 98802 This Statement of Work ("So W") is entered into and effective as of the date of signature, by and between CompuNet, Inc., and City of East Wenatchee – herein referred to “CLIENT”. PRIMARY CONTACTS Unless specified otherwise in writing, the primary contacts for the Client and CompuNet shall be as listed in the following table. All project deliverables, requested changes or mo difications to scope, should be directed to the following contacts listed below. RECORD OF REVISIONS Rev Date Pages Affected Summary of Technical Changes 1 6.4.2020 All Initial document release. EXECUTIVE SUMMARY CompuNet has prepared this Statement of Work in response to the Client’s desire to acquire an integrated backup and archive solution that includes deduplication, backup, restoration, bare metal restoration, remote data storage of Windows, Linux, Hyper-V and Office 365 based systems. PROJECT OVERVIEW This CompuNet Statement of Work details the installation and configuration of an Exagrid data reducing backup appliance, Veeam Backup and Replication Software, iland Veeam Cloud Connect and O365 backup. This Statement of Work will outline the steps to provide an integrated solution. Primary Client Contact CompuNet Engineering Contact Contact Name Ike Lasswell Contact Name Nick Johnson Phone Number 509.884.9515 Phone Number 509.795.8278 Email Address Ilasswell@east-wenatchee.com Email Address njohnson@compunet.biz Additional Client Contact CompuNet Sales Account Manager Contact Name N/A Contact Name Cody Smith Phone Number N/A Phone Number 509.795.8268 Email Address N/A Email Address csmith@compunet.biz 06/16/2020 Council Meeting Agenda Packet Page 117 of 169 SOW # 661928 – Data Backup Restore and Archive – City of East Wenatchee This document is PROPRIETARY and CONFIDENTIAL and may not be duplicated, redistributed, or displayed to any other party without the expressed written permission of CompuNet, Inc. Phone: (208) 286-3006|1326 N. Whitman Lane, Liberty Lake, WA 99019 For further descriptions of products and services, visit us at: www.compunet.biz Page 4 of 6 PROJECT SCOPE PHASE 1 : EXAGRID DEPLOYMENT • Rack, cable and initialize Exagrid • Work with Exagrid support to upgrade firmware • Build shares and prepare for Veeam connectivity PHASE 2: VEEAM DEPLOYMENT • Install and Configure Veeam Backup and Replication o Client to Provide VM with the following specs: ▪ 4 vCPU ▪ 8 GB of RAM ▪ 60 GB total Disk space on C: or Clients typical size if more • Configure backup jobs • Configure backup copy jobs to iland • Test backup and backup copy jobs • Test Restore capabilities PHASE 3 : OFFICE 365 • Configure O365 backup to iLand • Test O365 backup jobs and Restore capabilities PHASE 4 : KNOWLEDGE TRANSFER • Review: o Veeam configuration and management with Client o Veeam Restore options o Exagrid Console and Configuration o iLand console and management o iLand O365 Management ADDITIONAL PROJECT SPECIFIC TECHNICAL INFORMATION • Client will provide all network cables for the Exagrid • Client will provide 1 VM for installation of Veeam Backup and Replication DOCUMENTATION • Provide Client with documentation of changes to their environment • Obtain Client sign off and project close out OUTAGES • Outages will not be required with this scope of work 06/16/2020 Council Meeting Agenda Packet Page 118 of 169 SOW # 661928 – Data Backup Restore and Archive – City of East Wenatchee This document is PROPRIETARY and CONFIDENTIAL and may not be duplicated, redistributed, or displayed to any other party without the expressed written permission of CompuNet, Inc. Phone: (208) 286-3006|1326 N. Whitman Lane, Liberty Lake, WA 99019 For further descriptions of products and services, visit us at: www.compunet.biz Page 5 of 6 ENGAGEMENT AND FEE SCHEDULE SCHEDULE Estimated Project Start Date: June 24, 2020 Estimated Project Completion Date: June 26, 2020 COMPU N ET PROFESSIONAL SERVICES FEE Total Professional Services: $ 5,020.40 EXPENSES AND TRAVEL TIME • Expenses and travel time will not be billed to the Client in conjunction with this Statement of Work C ONDITIONS OF A GREEMENT • CompuNet will require access to facilities and Client owned network equipment on an “as needed” basis and during regular business hours only. Should access be needed outside of standard business hours, prior arrangements must be made with both a CompuNet associate and the Client • If for any reason the scope of work outlined in this SOW should take longer than 30 days to complete, the project will become subject to progress billing on a monthly basis o Monthly invoices will be based on the percentage of the project that is complete • CompuNet contract services invoiced as Net 30 unless other arrangements are agreed upon prior to sign off of this contract • CompuNet will make prior arrangements with the appropriate Client IT onsite staff to be available as needed during the installation • CompuNet provides appropriate personnel to perform the services specified in the Project Scope section above • Client will designate a single point of contact (Project Manager) for all matters relating to this engagement • Client will provide required access to facilities and network equipment, both physical and remote, as needed for a successful engagement by the CompuNet engineer • Client will provide all existing configurations and pertinent network diagrams prior to installation • Services to be performed during normal business hours (8:00 AM to 5:00 PM, local time), Mon – Fri, unless Client policies require off-hours deployment, in which case such time will be scheduled with CompuNet engineer • Custom configuration work and training can be provided outside t he scope of this engagement on a time & expense basis • Training and shadowing will be provided to assigned Client IT staff during implementation process • Upon project completion, Client sign off is required to indicate acceptance that the scope of work has been completed • Any additions or changes to this Statement of Work must be mutually agreed upon by CompuNet and Client in a separate CompuNet Statement of Work detailing the proposed changes, the impact of the proposed change on pricing and schedule, and other relevant terms. Depending on the scope of such additions or changes, Client may be required to agree to CompuNet’s then -current standard terms and conditions for professional services. Such changes include, but are not limited to: o Any additional hardware configuration not listed in this document o Modification of the Client’s application software o Development of custom solutions including scripting 06/16/2020 Council Meeting Agenda Packet Page 119 of 169 SOW # 661928 – Data Backup Restore and Archive – City of East Wenatchee This document is PROPRIETARY and CONFIDENTIAL and may not be duplicated, redistributed, or displayed to any other party without the expressed written permission of CompuNet, Inc. Phone: (208) 286-3006|1326 N. Whitman Lane, Liberty Lake, WA 99019 For further descriptions of products and services, visit us at: www.compunet.biz Page 6 of 6 SIGNOFF AND A GREEMENT IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have caused this Statement of Work to be duly executed. If the Client will be issuing a Purchase Order in place of signing the SOW, the Purchase Order must reference the SOW ticket number from the cover page in order for the Purchase Order to be accepted by CompuNet. If the Client is approving this SOW via email, the email must reference the SOW ticket number from the cover page. _________________________________________________ Client Authorized Representative Date _________________________________________________ CompuNet, Inc. Authorized Representative Date 06/16/2020 Council Meeting Agenda Packet Page 120 of 169 ExaGrid | 350 Campus Drive | Suite 2-100 | Marlborough, MA 01752 | www.exagrid.com | 800-868-6985 June 1, 2020 To Whom It May Concern, Compunet is an authorized ExaGrid partner approved to resell and/or distribute ExaGrid’s products and/or services to end users. If you have any questions in relation to this matter please feel free to contact me. Sincerely, Jackson Burritt VP, Finance & Corporate Controller ExaGrid Office: 508.898.2872 x0326 Mobile: 508.397.5741 06/16/2020 Council Meeting Agenda Packet Page 121 of 169 PARTNER WITH VEEAM Your success is our mission Compunet, Inc. is confirmed as an official Veeam partner with the following specifications: Partnership type and level – Reseller , Platinum KEVIN ROONEY Vice President North American Channel Sales 01/01/2020 - 06/30/2020 06/16/2020 Council Meeting Agenda Packet Page 122 of 169 Verification Letter iland Internet Solutions Corporation Version 1.0 Confidential iland Internet Solutions Corporation 1235 North Loop West, #800 Houston, Texas 77008 6.4.2020 To Whom It May Concern, This letter is being provided to verify that CompuNet, Inc. (“CompuNet”) is an active business partner of iland Internet Solutions Corporation (“iland’). Any questions in regard to the activities that CompuNet is authorized to perform on behalf of iland may be directed to iland either by mail at 1235 North Loop West, #800, Houston Texas 77008 Attn: General Counsel or by email at legal@iland.com. Thank you, ________________________________ William McHenry, Jr. Compliance Counsel Internet Solutions Corporation 06/16/2020 Council Meeting Agenda Packet Page 123 of 169 EXAGRID SYSTEMS INC. SYSTEM SALE, EVALUATION AND LICENSE AGREEMENT BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ ALL THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT USE ANY OF THE HARDWARE AND SOFTWARE SUPPLIED TO YOU BY EXAGRID SYSTEMS, INC. ("EXAGRID") OR ITS RESELLERS. IF YOU ARE THE FIRST MEMBER OF YOUR ORGANIZATION TO ACCEPT THE TERMS OF THIS AGREEMENT, YOU WARRANT AND REPRESENT TO EXAGRID THAT YOU ARE DULY AUTHORIZED TO AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOUR ORGANIZATION AND TO BIND YOUR ORGANIZATION TO ITS TERMS. BY CLICKING ON THE "ACCEPT" BUTTON (A) YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND, (B) IF AN ORGANIZATION OF WHICH YOU ARE A MEMBER HAS PREVIOUSLY ACCEPTED THE TERMS OF THIS AGREEMENT ELECTRONICALLY OR IN WRITING FOR THE PURCHASE, LICENSE, AND USE OF SYSTEMS AND/OR RELATED SERVICES, AND YOU ARE USING ANY PART OF THE EXAGRID SYSTEMS AS A MEMBER OF SUCH ORGANIZATION, YOU ARE ACKNOWLEDGING THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT AND ARE ALSO AGREEING THAT THE PURCHASE, LICENSE, AND USE OF THE SYSTEM HARDWARE AND SOFTWARE AND RELATED SERVICES SHALL BE SUBJECT TO THE TERMS OF THIS AGREEMENT. AS USED IN THIS AGREEMENT THE TERM "CUSTOMER" REFERS TO YOUR ORGANIZATION AND INCLUDES YOU PERSONALLY AS A MEMBER OF SUCH ORGANIZATION. THIS AGREEMENT SHALL BE EFFECTIVE AS OF THE DATE IT IS FIRST ACCEPTED BY THE CUSTOMER ("EFFECTIVE DATE"). USE OF ANY EXAGRID SYSTEMS OR SERVICES BY YOU OR THE CUSTOMER WHILE THIS AGREEMENT IS IN EFFECT SHALL CONSTITUTE ACCEPTANCE OF THE TERMS OF THIS AGREEMENT BY YOU AND YOUR ORGANIZATION AS APPLICABLE TO THE PURCHASE, LICENSE, AND USE OF ALL OR ANY PART OF SUCH EXAGRID SYSTEMS AND RELATED SERVICES. TERMS AND CONDITIONS 1. DEFINITIONS As used in this Agreement: 1.1 Attachment. "Attachment" means a document identified as an Attachment to this Agreement. The terms set forth in all Attachments shall be included as part of this Agreement. 1.2 Distributor. "Distributor" means entities that resell Systems and/or related Services to Resellers. 1.3 Evaluation System. "Evaluation System" means a System loaned to CUSTOMER by EXAGRID for evaluation by CUSTOMER under this Agreement and configured as separately agreed by CUSTOMER and EXAGRID. Special terms, applicable to Evaluation Systems only, are set forth in Section 11 of this Agreement. 1.4 EXAGRID Software. "EXAGRID Software" means EXAGRIDs Intelligent Disk-based Data Protection software, in object code format only, including all copies in whole or part, backups, related documentation and manuals, information relating to the software, printed listings of code, and any patches, bug fixes, workarounds, upgrades, enhancements, and updates provided by EXAGRID to CUSTOMER under this Agreement. The term "EXAGRID Software" shall not be deemed to include any Third Party Software, but shall be deemed to include Updates. 1.5 Resellers. "Resellers" means entities that resell Systems and related Services to end users. 06/16/2020 Council Meeting Agenda Packet Page 124 of 169 1.6 Services. "Services" means any work to be performed by EXAGRID for CUSTOMER as specified in an accepted CUSTOMER purchase order, and shall include any documentation or other tangible items produced by EXAGRID in connection with such work. 1.7 System(s). "System(s)" means a combination of interoperable computer hardware and software sold, licensed and sublicensed by EXAGRID to its customers and comprised of third party hardware, EXAGRID Software, and Third Party Software. 1.8 Third Party Software. "Third Party Software" means computer software owned by third parties, licensed to EXAGRID, and redistributed by EXAGRID to its customers as part of a System. 1.9 Updates. "Updates" means error corrections, bug fixes, patches, additions, upgrades or modified versions of the EXAGRID Software made available by EXAGRID to its customers generally. 2. ORDERS CUSTOMER shall purchase and license Systems and Services by submitting written and signed purchase orders for written acceptance by EXAGRID or a Distributor or Reseller. Each purchase order shall reference this Agreement and specify the items and configurations of hardware, software, and Services being ordered and their prices. Upon acceptance of the purchase order by EXAGRID or the Distributor or Reseller, the purchase and license of the Systems and the provision of Services shall be governed by the terms of this Agreement. Any preprinted provisions of CUSTOMERs purchase orders or other terms that conflict with the terms of this Agreement shall not apply, exception to such provisions and terms is hereby given, and as between EXAGRID and CUSTOMER the terms set forth in this Agreement shall be applicable and control. 3. DELIVERY AND SHIPMENT EXAGRID or the Reseller will notify CUSTOMER of scheduled System shipments. Delivery will be f.o.b. point of shipment and will occur when the Systems are ready for pickup by the carrier. In the absence of specific instructions from CUSTOMER, EXAGRID or its vendors or Reseller or other contractors will select a carrier and arrange for in-transit insurance (which may be less than full value). By selecting a carrier and arranging for insurance on CUSTOMERs behalf, neither EXAGRID, its vendors, nor its contractors or the Reseller assumes any liability for the shipment, and the carrier will not be considered their agent. All transportation and insurance charges shall be paid to EXAGRID or Reseller by CUSTOMER upon invoice. If deliveries are authorized in installments, each shipment shall be paid for when due without regard to other scheduled deliveries. 4. PAYMENT AND SECURITY INTEREST CUSTOMER shall promptly remit payment to EXAGRID for all amounts due under this Agreement net thirty (30) days from the date of delivery as provided in Section 3 above. Amounts not paid within such thirty (30) day period shall bear interest at the rate of one and one-half percent (1.5%) per month or at the highest lawful rate, whichever is less, from the date such amount is due until payment is received. EXAGRID hereby reserves a security interest in the Systems as security for payment, and CUSTOMER agrees to execute any instrument required to perfect such interest. Payment terms may be revised by EXAGRID at any time with prior written notice upon any adverse change in CUSTOMER's payment history or financial status. EXAGRID shall have the right to cancel any order placed or to refuse or delay delivery or performance for failure of CUSTOMER to make any payments due EXAGRID in accordance with the terms of this Agreement. CUSTOMER will pay all sums equal to taxes (including, without limitation, sales, withholding, value-added, and similar taxes) and any duties paid or payable, however designated, levied or based on amounts payable to EXAGRID under this Agreement, but exclusive of United States federal, state, and local taxes based on EXAGRID's net income. 5. LICENSES AND CONDITIONS 5.1 EXAGRID Software. (i) Subject to the terms and conditions of this Agreement, EXAGRID hereby grants to CUSTOMER a limited, nonexclusive, personal, non-transferable license under EXAGRIDs intellectual property rights to use the EXAGRID Software for CUSTOMERs internal business 06/16/2020 Council Meeting Agenda Packet Page 125 of 169 purposes solely upon and in connection with each System (or its temporary or permanent replacement) for which license fees have been paid. The EXAGRID Software supplied to CUSTOMER includes proprietary information owned by EXAGRID or its third party licensors and is provided to CUSTOMER solely under license and not by sale. EXAGRID and its third party licensors will continue to own their respective interests and will be entitled to terminate this Agreement in accordance with Section 10.2 below, and demand the return of their software, upon any failure of CUSTOMER to comply with the terms of this Agreement or the conditions or restrictions imposed by third parties and referred to in Section 5.3 below. (ii) EXAGRID reserves the right to make changes to any EXAGRID Software whenever such changes, (a) are required for safety, (b) facilitate performance in accordance with specifications, or (c) represent substitutions and modifications in accordance with applicable product performance specifications, provided however that such changes shall not impede CUSTOMER's use of any EXAGRID Software. (iii) CUSTOMER shall not itself, or through any affiliate, agent, or third party: (a) disassemble, reverse engineer, or decompile the EXAGRID Software or otherwise attempt to derive source code from it, except to the extent applicable laws specifically prohibit such restrictions; (b) modify, adapt, translate, or create derivative works based upon the EXAGRID Software; (c) transfer, lease, loan, sublicense, sell, resell for profit, distribute, or otherwise grant any rights in the EXAGRID Software in any form to any other party; or (d) use the EXAGRID Software on a commercial time-sharing, rental, or service bureau basis, or in any manner or for any purpose other than as described in the System documentation. CUSTOMER shall only have the rights with respect to the EXAGRID Software expressly set forth in this Agreement; all other rights are expressly reserved to EXAGRID and its licensors. (iv) CUSTOMER acknowledges that the EXAGRID Software, and all trade secret, copyright, patent, trademark, trade name, and other intellectual and proprietary rights in the EXAGRID Software, are and at all times shall remain the valuable property of EXAGRID and its licensors, or their respective successors or assigns. CUSTOMER agrees that, except as provided in this Section 5, nothing contained in this Agreement shall be construed as granting or conferring by implication, estoppel, or otherwise, any license or right under any patent, trademark, copyright, or other proprietary right, whether now existing or hereafter obtained, and no such license or other right shall arise from this Agreement or from any acts or omissions in connection with the execution of this Agreement or the performance of the obligations of the parties. (v) CUSTOMER agrees (a) to respect and observe and not to alter, remove, or conceal any copyright, trademark, trade name, or other proprietary marking that may appear on or in the EXAGRID Software, and (b) that CUSTOMER is responsible for itself obtaining any additional software, hardware, or technologies not provided by EXAGRID under this Agreement and required to operate the Systems, including but not limited to communications devices and Internet access services. 5.2 Third Party Software. EXAGRID will redistribute certain Third Party Software to CUSTOMER for CUSTOMERs use with Systems. As a condition of its use of the Third Party Software, CUSTOMER agrees to familiarize itself with, and to comply with and be responsible for observing, the conditions and restrictions required of software users by the owners of such Third Party Software as set forth in http://www.exagrid.com/thirdparty/exagridthirdpartylicenseagreements.asp . 6. SERVICES 6.1 Availability. All Services shall be provided to CUSTOMER by EXAGRID. CUSTOMER may purchase Services from EXAGRID or the Reseller in accordance with the terms and prices of EXAGRID's then current published Services offerings. EXAGRID will not be responsible for providing Services for (i) any Third Party Software, or hardware, or (ii) any EXAGRID Software that is not configured in accordance with the specifications set forth in the applicable purchase order. 6.2 Conditions. Services to be provided by EXAGRID under this Agreement require cooperation between CUSTOMER and EXAGRID, and CUSTOMER recognizes and accepts certain responsibilities. These CUSTOMER responsibilities include but are not limited to (i) providing 06/16/2020 Council Meeting Agenda Packet Page 126 of 169 EXAGRID with specific details regarding CUSTOMER's business requirements and operating procedures as they relate to the application of the Services to be performed by EXAGRID, and (ii) proper installation of and timely access to all necessary computer hardware, facilities, and software in accordance with mutually agreeable and reasonable schedules. 7. LIMITED WARRANTY 7.1 EXAGRID Software. EXAGRID warrants that the EXAGRID Software for which a license is purchased by CUSTOMER as part of a System will for a period of ninety (90) days from the date of shipment perform substantially as specified in the applicable System documentation. If CUSTOMER satisfactorily demonstrates to EXAGRID within such ninety (90) day period that the EXAGRID Software contains errors, then as EXAGRIDs sole and exclusive liability and as CUSTOMERs sole and exclusive remedy, EXAGRID shall at its sole option use commercially reasonable efforts to correct the EXAGRID Software errors reported by CUSTOMER or replace the EXAGRID Software with substantially conforming software. EXAGRID does not warrant the results of its correction or replacement services. Correction or replacement under the immediately preceding sentence, and the issuance of any corrections, patches, bug fixes, workarounds, upgrades, enhancements, or Updates by EXAGRID to CUSTOMER, shall not be deemed to begin a new, extended, or additional warranty period. 7.2 No Other Warranties. (i) THE LIMITED WARRANTY IN SECTION 7.1 ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. EXAGRID SPECIFICALLY BUT WITHOUT LIMITATION DOES NOT WARRANT THAT: (A) THE EXAGRID SOFTWARE SHALL MEET ALL OF CUSTOMERS REQUIREMENTS OR SHALL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY CUSTOMER; (B) THE OPERATION OF THE EXAGRID SOFTWARE SHALL BE ERROR-FREE OR UNINTERRUPTED; OR (C) ALL ERRORS OR DEFECTS IN THE EXAGRID SOFTWARE SHALL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THAT THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. (ii) ALL HARDWARE, THE THIRD PARTY SOFTWARE, ANY EVALUATION SYSTEM ARE PROVIDED TO CUSTOMER "AS IS" WITHOUT WARRANTY OF ANY KIND BY EXAGRID, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Except for Evaluation Systems, in cases in which EXAGRIDs vendors or licensors permit EXAGRID to pass through any warranties of such vendors or licensors to CUSTOMER, EXAGRID will use commercially reasonable efforts to help CUSTOMER accomplish such pass through, provided that CUSTOMER shall be responsible for all necessary charges or fees and for taking whatever actions are required on its part, and that any warranties passed through shall not be deemed to originate from or be binding on EXAGRID. (iii) No representation or other affirmation of fact, whether made by EXAGRID employees, a Distributor or Reseller or otherwise, shall be deemed a warranty by EXAGRID for any purpose or give rise to any liability of EXAGRID whatever unless contained in this Agreement. 8. INFRINGEMENT 8.1 Indemnity by EXAGRID. If a third party acting against CUSTOMER claims, threatens to claim, or obtains a judicial or administrative determination that the EXAGRID Software infringes its U.S. patent, copyright, or trade secret rights, EXAGRID shall have the option, at its own expense and at its sole option, to (i) defend CUSTOMER at EXAGRIDs expense and pay all damages that a tribunal finally awards, (ii) obtain for CUSTOMER the right to continue using the infringing item, (iii) replace the infringing item or modify it so that it shall become non-infringing with no substantial degradation, or (iv) remove the infringing portion of the EXAGRID Software and refund the proportional license fee that CUSTOMER paid for such portion, pro rata, on a five- 06/16/2020 Council Meeting Agenda Packet Page 127 of 169 year straight-line depreciation basis, provided that CUSTOMER shall promptly notify EXAGRID in writing of the claim, and allow EXAGRID to control, and cooperate with EXAGRID in, the defense and any related settlement negotiations. In no event shall EXAGRIDs liability under this Section 8 exceed the amount paid by CUSTOMER to EXAGRID for any allegedly infringing products. 8.2 Exception. Notwithstanding the provisions of Section 8.1 above, EXAGRID shall have no obligation to CUSTOMER for any claim arising from the license or use of any EXAGRID Software (i) that has been modified by a party other than EXAGRID, (ii) used to practice any process, or used in combination with other products not provided by EXAGRID where such infringement would not have occurred but for such use in combination with such other products; or (iii) from failure of CUSTOMER to use updated EXAGRID Software provided by EXAGRID for avoiding such infringement, or (iv) that is part of any Evaluation System. EXAGRID shall not be bound by any settlement of any charge of infringement made without the prior written consent of EXAGRID. 8.3 Indemnification by Licensee CUSTOMER shall indemnify and hold EXAGRID harmless from any loss, cost, or expense in connection with any claim, suit, or proceeding brought against EXAGRID or CUSTOMER insofar as it is based on a claim that the use of any EXAGRID Software infringed because of the way it was modified or altered by parties other than by EXAGRID, or because it was used in a manner for which it was not designed. 8.4 Limitation. THIS SECTION 8 STATES THE ENTIRE LIABILITY OF EXAGRID AND ITS LICENSORS TO CUSTOMER AND ANY AND ALL THIRD PARTIES, WHETHER FOR DAMAGES OR OTHERWISE, FOR INFRINGEMENT OF ANY COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO ANY PRODUCT OR SERVICES FURNISHED BY EXAGRID UNDER THIS AGREEMENT. 9. LIMITATION OF LIABILITY 9.1 Limitation. It is expressly agreed that each partys maximum liability for damages to the other party under or in connection with this Agreement, regardless of the form of legal action, whether in contract or in tort, including negligence, shall in no event exceed the actual payments received by EXAGRID or the Reseller for the Systems or Services that caused such damage or that are directly related to the cause of action, except that no such limitation on damages shall apply to losses due to CUSTOMERs violation of EXAGRIDs intellectual property rights or breach of any of the licenses or license restrictions set forth in this Agreement. 9.2 No Consequential Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, OR, IF REASONABLY FORESEEABLE, INCURRED BY THE OTHER PARTY OR CLAIMED AGAINST THE OTHER PARTY BY ANY OTHER PARTY, EXCEPT THAT NO SUCH LIMITATIONS ON CONSEQUENTIAL DAMAGES SHALL APPLY IN THE EVENT OF VIOLATION OF EXAGRIDS INTELLECTUAL PROPERTY RIGHTS OR BREACH BY CUSTOMER OF ANY OF THE LICENSES OR LICENSE RESTRICTIONS CONTAINED IN THIS AGREEMENT. EXAGRIDS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EXAGRID OR THAT OF ITS EMPLOYEES OR AGENTS OR IN RELATION TO ANY OTHER LIABILITY THAT MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED IS NOT EXCLUDED OR LIMITED AND NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS AN ATTEMPT TO EXCLUDE OR LIMIT SUCH LIABILITY. 10. TERM; TERMINATION 10.1 Term. This Agreement shall be effective from the Effective Date, shall continue in full force and effect for a period of one (1) year, and will automatically renew upon its anniversary date for successive twelve (12) month periods unless and until terminated as set forth elsewhere in this Agreement. After the initial one year term, either party may, at its discretion, terminate this Agreement at any time by notifying the other party of its decision to terminate in writing not less than thirty (30) days prior to the proposed termination date. 10.2 General. Upon any material breach or default of this Agreement by either party, the other party shall have the right to terminate this Agreement and any licenses granted under it effective on thirty (30) days notice. Such termination shall become automatically effective unless the 06/16/2020 Council Meeting Agenda Packet Page 128 of 169 breaching or defaulting party shall have cured any material breach or default prior to the expiration of the thirty (30) day period. This Agreement may also be terminated upon (i) bankruptcy, insolvency, or placing of the assets or the business of the other party in the hands of a receiver or trustee, (ii) filing of a petition for bankruptcy or reorganization by or against the other party, or (iii) dissolution or liquidation of the other party. 10.3 Consequences. In the event of termination of this Agreement for any reason, CUSTOMER shall promptly (i) discontinue all use of the EXAGRID Software; (ii) erase or destroy any EXAGRID Software contained in the computer memory or data storage apparatus under the control of CUSTOMER; (iii) return to EXAGRID all copies of the EXAGRID Software provided by EXAGRID in CUSTOMERs possession; and (iv) certify in writing to EXAGRID, within thirty (30) days of termination of this Agreement, that CUSTOMER has complied with the foregoing. 10.4 Survival. Sections 4, 5, 7 through 10, 11.6, 11.7, 11.8 and 12 shall survive any termination of this Agreement. 11. SPECIAL TERMS APPLICABLE TO EVALUATION SYSTEMS ONLY 11.1 Components and Terms. CUSTOMER and EXAGRID shall agree separately on the components comprising the Evaluation System and the length of the evaluation period. The use of the Evaluation System and the provision of any related Services shall be governed by the terms of this Agreement. 11.2 Delivery and Shipment. EXAGRID or its Distributor or Reseller will notify CUSTOMER of scheduled Evaluation System shipments, and all transportation and insurance charges shall be paid by EXAGRID. 11.3 System Loan. EXAGRID shall loan the Evaluation System to CUSTOMER at no charge. Title to the Evaluation System shall at all times remain in EXAGRID and its licensors. 11.4 CUSTOMER Responsibilities. 11.4.1 CUSTOMER shall: (i) provide appropriate space in its facility for the Evaluation System, including necessary electrical and communications connections; (ii) be responsible for the proper use and deployment of the Evaluation System, and for training anyone using the Evaluation System on its proper use in accordance with any System use procedures; (iii) use the Evaluation System solely for the limited purposes of conducting its own internal tests to evaluate the performance and functionality of the Evaluation System in CUSTOMERs internal business environment or for CUSTOMERs business purposes; (iv) make the Evaluation System available for maintenance and support purposes as requested by EXAGRID on a reasonable basis, subject to mutual agreement between the parties on scheduling; (v) take appropriate action, by means of agreement, instruction or otherwise, with respect to its employees or other third parties permitted access to the Evaluation System in furtherance of its permitted use to ensure that all of its obligations under this Agreement are satisfied; and (vi) return the Evaluation System to EXAGRID at the conclusion of the evaluation in the same condition in which it was delivered, normal wear and tear excepted. 11.4.2 CUSTOMER shall not: (i) use or permit third parties to use the Evaluation System for production purposes or other commercial purposes; (ii) modify or attempt to maintain or repair the Evaluation System without first obtaining EXAGRIDs prior written permission; (iii) permit the imposition of any lien, charge or encumbrance on the Evaluation System while in CUSTOMERs possession, or move the Evaluation System from its initial installation location without first obtaining EXAGRIDs prior written permission; (iv) publicly disclose performance information, test results or analyses created by or for CUSTOMER (including, without limitation, benchmarks) relating to the Evaluation System, which restriction shall survive any termination of this Agreement. 11.5 Availability of Services. EXAGRID shall provide such maintenance and support Services as it shall determine in its sole discretion are necessary or desirable, at no charge to CUSTOMER. EXAGRID will not be responsible for providing Services for (i) any Third Party Software, or hardware, or (ii) any EXAGRID Software that is not configured in accordance with the specifications separately agreed to by the parties. 06/16/2020 Council Meeting Agenda Packet Page 129 of 169 11.6 Exclusion of Warranties. EXAGRID DISCLAMS ALL WARRANTIES WITH RESPECT TO THE EVALUATION SYSTEM, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. This risk allocation reflects the lack of charges for the use of the Evaluation System. 11.7 Confidentiality 11.7.1 Each party acknowledges that by reason of its relationship to the other party under this Agreement it may have access to certain information and material concerning the other party's business, plans, customers, technology, and products that are confidential and of substantial value to the disclosing party ("Information"), which value would be impaired if such Information were disclosed to third parties. Each party agrees to maintain all Information received from the other, both orally and in writing, in confidence and agrees not to disclose or otherwise make available such Information to any third party without the prior written consent of the disclosing party. Each party further agrees to use the Information only for the purpose of performing this Agreement. No Information shall be deemed confidential unless so marked if given in writing or, if given orally, identified as confidential orally prior to disclosure, except that CUSTOMER agrees that any Information in whatever form relating to (i) the design, functionality, operational methods or coding of EXAGRID Software, including but not limited to any complete or partial source or object code versions, and (ii) performance information, test results or analyses created by or for CUSTOMER (including, without limitation, benchmarks) relating to the Evaluation System, shall be deemed confidential Information of EXAGRID regardless of the presence or absence of any confidential markings or identification. 11.7.2 The parties obligations of non-disclosure under this Agreement shall not apply to Information that: (i) is or becomes a matter of public knowledge though no fault of or action by the receiving party; (ii) was rightfully in the receiving partys possession prior to disclosure by the disclosing party; (iii) subsequent to disclosure, is rightfully obtained by the receiving party from a third party who is lawfully in possession of such Information without restriction; or (iv) except as otherwise provided in Section 11.7.1(ii) above, is independently developed by the receiving party without resort to Information. 11.7.3 Whenever requested by a disclosing party, a receiving party shall immediately return to the disclosing party all manifestations of the Information or, at the disclosing partys option, shall destroy all such Information as the disclosing party may designate. Recipient's obligation of confidentiality shall survive this Agreement for a period of five (5) years from the date of its termination, and thereafter shall terminate and be of no further force or effect. 11.7.4 Each party acknowledges that any breach of any of its obligations with respect to the other party's confidential information hereunder may cause or threaten irreparable harm to such party. Accordingly, each party agrees that in such event each party shall be entitled to seek equitable relief to protect its interests, including but not limited to temporary restraining orders, preliminary and permanent injunctive relief, as well as money damages. 11.8 Consequences of Termination. In the event of termination of this Agreement or the evaluation for any reason, CUSTOMER shall promptly (i) discontinue all use of the Evaluation System; (ii) erase or destroy any EXAGRID Software or CUSTOMER data contained in the computer memory or data storage apparatus under the control of CUSTOMER; (iii) return to EXAGRID all copies of the EXAGRID Software provided by EXAGRID in CUSTOMERs possession; and (iv) promptly make the Evaluation System available for removal by EXAGRID. 11.9 Conversion to Purchase. In the event CUSTOMER elects to purchase the Evaluation System prior to its removal by EXAGRID, CUSTOMER shall do so in accordance with the provisions of Sections 2 and 4 above and the terms and conditions of this Agreement (or other applicable written EXAGRID agreement in the case of a Distributor or Reseller) shall govern such purchase. 12. GENERAL 12.1 Notices. All notices required or permitted under this Agreement will be in writing and will be deemed given: (i) when delivered personally; (ii) when sent by confirmed telex or facsimile; (iii) 06/16/2020 Council Meeting Agenda Packet Page 130 of 169 five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) day after deposit with a commercial overnight carrier specifying next day delivery, with written verification of receipt. All communications will be sent to the principal office of each party or to such other address as may be designated by a party by giving written notice to the other party pursuant to this Section 12.1. If the communication is from CUSTOMER to EXAGRID, it shall be addressed to "Attn: President." If the communication is from EXAGRID to CUSTOMER, it shall be addressed to the Chief Executive Officer of CUSTOMER. 12.2 Assignment. CUSTOMER may not assign, delegate or otherwise transfer this Agreement or any of its licenses, rights or duties under this Agreement, whether by operation of law or otherwise, without the prior written consent of EXAGRID. Any attempt to transfer or assign this Agreement without such written consent will be null and void. EXAGRID may assign this Agreement to any affiliate or to a person or entity into which it has merged or which has otherwise succeeded to all or substantially all of its business and assets to which this Agreement pertains, by merger, reorganization or otherwise, and which has assumed in writing or by operation of law its obligations under this Agreement. Subject to the previous sentence, the rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors, and administrators, as the case may be. 12.3 Waiver. The failure of either party to enforce in any one or more instances any of the terms and conditions of this Agreement shall not be construed as a waiver of future performance of any such term or condition. Waiver of any term or condition shall only be deemed to have been made if expressed in writing by the party granting such waiver. 12.4 Severability. If any provision of this Agreement shall be held by a court of law of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be reformed, construed, and enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. 12.5 Governing Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts without regard to conflict of laws provisions. The federal and state courts sitting in Boston, Massachusetts shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of the courts of Massachusetts and service of process being effected upon it by registered mail sent to the respective addresses referred to in Section 12.1 above. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 12.6 Entire Agreement. This Agreement and its Attachments, any separate agreement referenced in Sections 1.3 and 11.1, and the Third Party Software restrictions and conditions referred to in Section 5.3 above, constitute the entire understanding between the parties, and supersede all prior discussions, representations, understandings or agreements (including any pre-existing nondisclosure agreement, except as to its surviving terms), whether oral or in writing, between the parties with respect to the subject matter of this Agreement. In the event of any conflict between the terms of this Agreement and terms other than quantity, price, and the like set forth in an accepted purchase order, the terms of this Agreement shall prevail.. Any modification or amendment to this Agreement must be in writing and signed by authorized representatives of both parties. Except as otherwise provided in Section 5.3 above, any item or service furnished by EXAGRID in furtherance of this Agreement, although not specifically identified in it or in a purchase order referencing this Agreement, shall nevertheless be covered by this Agreement unless specifically covered by some other written agreement executed by CUSTOMER and an authorized representative of EXAGRID. The headings and captions used in this Agreement are for convenience only, and shall not affect the interpretation of the provisions of this Agreement. 12.7 U.S. Government Restricted Rights. In the event that CUSTOMER is an agency of the United States Government, or that the license granted under this Agreement is pursuant to a contract with either a defense or civilian agency of the United States Government, CUSTOMER agrees that the EXAGRID Software is provided with restricted rights and that the EXAGRID Software and all other software that forms a part of any System is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and 06/16/2020 Council Meeting Agenda Packet Page 131 of 169 "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the EXAGRID Software with only those rights set forth in those C.F.R. provisions or equivalent and in this Agreement. 12.8 Export Control. CUSTOMER agrees to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce. CUSTOMER agrees to indemnify EXAGRID, to the fullest extent permitted by law, from and against any fines or penalties that may arise as a result of CUSTOMERs breach of this provision. This export control clause shall survive termination of this Agreement. 12.9 Use of Customer Name. EXAGRID may include CUSTOMER's name or logo as an EXAGRID customer in a list of representative customers. EXAGRID agrees to display the CUSTOMER's name or logo in compliance with any publishing standards defined by CUSTOMER. Prior to developing and publicizing any profile, case study or similar document published on EXAGRID's Web site or in hardcopy describing how EXAGRID's products are used by CUSTOMER, EXAGRID Software agrees to obtain CUSTOMER's specific approval. 12.10 Independent Contractors. The relationship of EXAGRID and CUSTOMER established by this Agreement is that of independent contractors, and nothing contained in the Agreement will be construed to constitute the parties as partners, joint venturers, co-owners, or otherwise as participants in a joint or common undertaking. For a period of one year following the completion of any Services performed for CUSTOMER under this Agreement, CUSTOMER shall not directly or indirectly employ, solicit for employment, or contract with any EXAGRID personnel performing Services for CUSTOMER under this Agreement. 06/16/2020 Council Meeting Agenda Packet Page 132 of 169 DATA SHEET Overview ExaGrid offers a complete set of technical support services to help you derive the greatest value from your ExaGrid disk backup with deduplication system and get fast resolution to any technical issues when you need assistance. ExaGrid’s global technical support team is dedicated to backup and provides the industry’s best support experience for disk backup with deduplication. With other IT vendors, you may have encountered frustrating problems with technical support that wastes your time and diverts your attention from other pressing priorities. ExaGrid has eliminated these frustrations with a comprehensive, unique, all-in-one support and maintenance model. Highlights of ExaGrid’s Technical Support and Maintenance All-in-One Model – ExaGrid Maintenance and Support fees are a percentage of the price paid for the system, rather than a percentage of the list price. Email support and phone support are included in the single fee. System Monitoring and Proactive Support Systems send alerts when pre-defined thresholds are crossed Remote analysis, diagnosis, and problem resolution Software Support Point releases and full version releases System Hardware Support Replacement of failed hardware shipped via next-day business air Other Support Models ExaGrid Support Model Installation typically requires vendor’s staff onsite for several hours, with associated inconvenience to you or your IT staff Fast, easy installation via phone, typically in under two hours Junior-level, first-line support staff are often unable to resolve your problems quickly Senior-level, second-line technical support staff quickly resolve your problems Assign different junior-level representatives to you with each call, making you explain your problem and situation multiple times Assign one senior-level representative to your company who knows the history of your problem and situation Support staff lack deep technical knowledge of leading backup applications and complexities of backup environments Support staff are specialists in specific backup applications and are assigned based on having expertise with your backup application Replacement of failed components typically requires that vendor comes onsite Hot-swappable components ship via next-day business air and are easily installed by the system administrator Route calls overseas, with associated frustrations such as long hold times, poor quality connections, or language barriers Calls handled by call centers in North American headquarters and UK offices No notification of potential problems until after a failure has occurred and the system is unavailable Automated health check emails from the system sent to ExaGrid to proactively alert about capacity issues, hardware diagnostics, or other problems ExaGrid - Program Overview Customer Support and Maintenance “My support engineer has been an outstanding help. He checks in regularly to see if the backups are working well, and to assist with firmware upgrades. He’s followed up daily when we have had to work through issues, and he has been an extreme help in getting our backups to where they need to be.” Corey Johnson Technology Analyst “ExaGrid’s customer support has been stellar. In fact, it’s been among the best support I’ve had from any vendor I’ve worked with and I would put them up against any other support organization in the industry. They are smart, tenacious and reliable and we know we can count on them to help us make the most of our ExaGrid system.” Bradford Leonard Network Engineer 06/16/2020 Council Meeting Agenda Packet Page 133 of 169 United States: 350 Campus Drive | Marlborough, MA 01752 | (800) 868-6985 United Kingdom: 200 Brook Drive | Green Park, Reading, Berkshire RG2 6UB | +44 (0) 1189 497 051 Singapore : 1 Raffles Place, #20-61 | One Raffles Place Tower 2 | 048616 | +65 6808 5574 ExaGrid reserves the right to change specifications or other product information without notice. ExaGrid and the ExaGrid logo are trademarks of ExaGrid Systems, Inc. All other trademarks are the property of their respective holders. ©2019 ExaGrid Systems, Inc. All rights reserved. www.exagrid.com ExaGrid Customer Support and Maintenance Location of Support Centers North American Support Center is supported by a central call center in the United States Business Hours 24 Hours EMEA and APAC Support Center is supported by a call center in the United Kingdom Business Hours 8:00 AM GMT/BT to 5:00 PM GMT/BST Hours of Operation ExaGrid offers 5 x 8 and 7 x 24 support to fit your needs Support and Maintenance Annual Fee Yearly options based on a percentage of the actual purchase price of the system; maintenance renewals for second year and subsequent years will not increase more than 3% per year Coverage All hardware, software, and support coverage listed below Support Response Requirement Current annual customer maintenance and support renewal Support Hours 8:00 AM to 5:00 PM Monday – Friday, local customer time (optional 7 x 24 support available for an additional fee) Methods Phone or email support Response Time 80% of phone calls and emails will be responded to in less than an hour Installation Service installation is done via phone using a WebEx session. ExaGrid has installed thousands of customers and systems worldwide using this approach. Self-Monitoring, Automatic Notification, and Remote Support Requirement Current annual customer maintenance and support renewal Valid remote access from an ExaGrid service center to the ExaGrid system Service Monitor any alerts including pre-defined thresholds; remotely analyze and diagnose problems Reconciliation Many problems are quickly resolved without customer intervention Hardware Maintenance Requirement Current annual customer maintenance and support renewal Program All systems are modular, and all drives and power supplies are hot swappable Any failed hardware components are shipped next-day business air and are replaced by the customer; 100% of the hardware is covered – disk drive, power supply, server, included network components Software Maintenance Requirement Current annual customer maintenance and support renewal Program All versions (point and full) included at no charge; no hidden charges Availability Countries ExaGrid supports all countries in North America, Central America, South America, EMEA, and APAC Contact Information Support Email Address support@exagrid.com Support Phone Number 1.800.868.6985 or 1.508.898.2872 option 2 +44 (0) 1189 497 051 06/16/2020 Council Meeting Agenda Packet Page 134 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners. Veeam Customer Support Policy Switzerland, Linden ParkLindenstrasse 16, 6340 BaarPhone: +41417667131Technical Support Phone: +41225331149 • Veeam Customer Support Policy 06/16/2020 Council Meeting Agenda Packet Page 135 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners.04292020 2 Veeam Customer Support Policy Initial Response SLA Matrix Severity Initial Production Response SLA Premier Production Basic Evaluation Free/NFR Severity 1 30 minutes 1 hour 2 business hours Best effort to provide 2 business hours Not applicable Severity 2 30 minutes 3 hours 8 business hours 8 business hours Best effort Severity 3 30 minutes 6 hours 12 business hours 12 business hours Best effort Severity 4 30 minutes 8 hours 24 business hours 24 business hours Best effort Business Hours Business hours are defined as follows during Customer local business days. Support program Business hours Evaluation Mon — Fri 8 am — 5 pm Basic Mon — Fri 8 am — 8 pm Production 24x7x365 Premier Support available: 24x7x365 Support Account Manager Support of FREE/NFR licensed products is provided on a best-effort basis. Supported Languages Veeam is pleased to offer first-level technical support services in the following languages for Veeam Backup & Replication and in English only for all other products during normal business hours (8 a.m. to 6 p.m. (customer local time). United States English, Spanish Canada English, French Europe, Middle East, Africa English, German, French, Russian, Spanish, Italian Asia Pacific English, Japanese, Chinese (Mandarin) Latin America English, Spanish, Portuguese After customer business hours, all first-level support is in English only. Regardless of first level supported languages and support programs, all second and third-level support is offered in English only. 06/16/2020 Council Meeting Agenda Packet Page 136 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners.04292020 3 Overview This policy details our support services, contact information and best practices for contacting support to ensure quick responses and issue resolution here are quick links: Supported languages Support programs Severity definitions and response time SLA Contacting Customer Support Product lifecycle Contacts The Veeam website (www.veeam.com) provides a wealth of information at your fingertips. Refer to the following online resources before you contact Veeam Customer Support. Community Forums Exchange information with other Veeam customers and team behind the product; contains product-specific conferences. Maintained and moderated by product management team. By registering you will receive our Weekly Community Digest, which contains notifications of new patches. Available at no additional charge. Support Portal my.veeam.com Please log on to our Customer Center support portal to: • Manage your support cases. • Request “one click update”. • Attach logs to existing cases. • Obtain product downloads and patches. • Manage your license. • Note: you must be case administrators, partner administrators and license administrators to submit support cases. Knowledge Base Browse how to articles and search for solutions to common questions at www.veeam.com/kb_search_results.html Documentation Review and download the latest product documentation online www.veeam.com/documentation-guides-datasheets.html In addition to the above, Veeam has voice-enabled services. By using or accessing the voice-enabled services, you consent to Veeam recording and collecting your voice input. If you do not consent to Veeam recording and collecting your voice input, you may not use the voice-enabled services. The voice input will be used to provide the voice enabled services to you and improve Veeam products and services. Veeam won’t use your voice input for any other purpose. Your privacy is important to us. Please read Veeam privacy policy statement (www.veeam.com/privacy_policy.html) to learn how we use and protect your information. 06/16/2020 Council Meeting Agenda Packet Page 137 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners.04292020 4 Supported languages Veeam is pleased to offer first-level technical support services in the following languages for Veeam Backup & Replication and in English only for all other products during normal business hours (8 a.m. to 6 p.m. (customer local time). United States English, Spanish Canada English, French Europe, Middle East, Africa English, German, French, Russian, Spanish, Italian Asia Pacific English, Japanese, Chinese (Mandarin) Latin America English, Spanish, Portuguese After customer business hours, all first-level support is in English only. Regardless of first level supported languages and support programs, all second and third-level support is offered in English only. Support programs All customers with maintenance agreement in effect, regardless of their program, are entitled to contact support via web or phone 24x7x365 and open a case. We offer three support response programs (Premier, Production and Basic) to our customers and one program (Evaluation) for 30 days if you are evaluating our software. Support Program Product Updates Product Upgrades Technical Support Business Hours Premier Support Veeam Premier Support provides high-touch exemplary IT support to our top-tier customers, through personalized and effective service executed through an account-dedicated Support Account Manager (SAM) who will assist you from the very beginning of the case until it is completely resolved. Yes Yes Phone/ web/SAM 24x7x365 Mon — Fri 8 am — 8 pm Support Account Manager Production Support Production Support program provides 24/7 software support services and fast response times for critical issues. To receive Production Support, all production licensed sockets for a product must be licensed at Production Support levels, otherwise support defaults to Basic Support levels. Yes Yes Phone/web 24x7x365 Basic Support Basic Support program provides software support services during business hours as defined below, along with upgrades and updates to the products. One year of Basic Support is included with your product license purchase. Yes Yes Phone/web Mon — Fri 8 am — 8 pm Evaluation Support Evaluation Support program provides software support services during business hours (Monday through Friday) as defined below during the defined evaluation period. No No Phone/web Mon — Fri 8 am — 5 pm Community, Free and NFR licensed products We do not provide phone support for Community, Free or NFR licensed products. Email support is provided on a best-effort basis depending on staff availability, but there are no response goals or response guarantees for this service. No No Web Best Effort 06/16/2020 Council Meeting Agenda Packet Page 138 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners.04292020 5 Severity definitions and response time SLA Severity level guidelines Severity levels provide an indication of the urgency of an issue, and help us provide a rapid and effective response. Categorizing severity levels incorrectly hinders the overall case-handling process, and can adversely affect you. When you report an issue, you and the Veeam Support Engineer should discuss and agree upon an appropriate severity level. You have the option to change the severity level of an issue as business conditions change around the impact. Response goals are intended to provide a target for initial response to an issue or query. We will work a Severity 1 issue around the clock for Production and Premier Support if you have a technical resource available to work with us. It is our policy to work all severity levels until: • A resolution or workaround is in place and business impact has been mitigated. • The severity is mutually downgraded. Severity Initial Production Response SLA Premier Production Basic Evaluation Free/NFR Severity 1 30 minutes 1 hour 2 business hours Best effort to provide 2 business hours Best effort Severity 2 30 minutes 3 hours 8 business hours 8 business hours Best effort Severity 3 30 minutes 6 hours 12 business hours 12 business hours Best effort Severity 4 30 minutes 8 hours 24 business hours 24 business hours Best effort Severity level descriptions Severity 1 A business critical software component or a Veeam managed system is inoperable or unavailable; production system is down; or there is an emergency condition. Requires an immediate workaround or solution. Examples: Excessive abnormal terminations impacting all monitoring, backups and schedules or a down/ offline production system cannot be restored; application or system failure caused by Veeam product. Severity 2 Adversely impacting Production operations, but the production system is not down; product operates, but is seriously restricted. Examples: Production application response times or system performance are slow, system is available. Some monitoring or backups are impacted. Severity 3 A non-production issue; the majority of functions are still usable, a limited condition that can be readily circumvented. Example: non- Production application response times or system performance are slow, system is available. Some monitoring or backups are impacted. Severity 4 Minor issue or question that does not affect the product function, and can be readily circumvented. For example: “How to” questions; the text of a message, or page of documentation is worded poorly or misspelled, General Feedback. 06/16/2020 Council Meeting Agenda Packet Page 139 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners.04292020 6 Contacting Customer Support If at any point you have concerns or would like Management oversight regarding your Veeam Support Experience, you can escalate the issue directly to Support Management using the Talk to a Manager link from the Case Portal. Case Management Your organization will need to designate a few case administrators who are responsible for opening cases with Veeam, and receiving maintenance information. They should have the appropriate technical skills and system-level access to work with Veeam Support Engineers in resolving open issues. Certain management of Licenses and Support cases requires access to https://my.veeam.com for full features. Sign-up is available to all customers but requires a business email address to enroll, public email addresses are not eligible. These support contacts will be your interface to Veeam Support, and should be notified of all issues that surface within your organization. They will escalate issues to Veeam Support as necessary. Be prepared to provide the following information: • Your name, company name, and Support ID • Case number (if applicable) • Product name, release level, and any maintenance applied to the product Submitting a support case Only case administrators, partner administrators and license administrators are able to submit support cases. Please make sure to define valid case administrators for your Veeam® licenses. For further information on managing your case administrators, see the user guide here. For quicker support, please have your valid Support ID, if calling to open a support case. Any information you can provide regarding the issue you are experiencing could have a significant impact on how fast the issue is diagnosed and resolved. You will be asked to provide the following information: • Issue description, impact on your system and business operations, issue severity, and the exact text of error messages and diagnostic details. • Steps to reproduce the problem, known workarounds • Contact number where you can be reached • Best time to reach you, and contact method (i.e. email/phone) To file a case, you may use any method below. We encourage you to set the initial severity level for the problem when submitting a case, and highly recommend submitting Severity 1 issues by phone. Via the web Only the license administrator or designated case administrators can file a case using a web browser in the Customer Center: support.veeam.com. Please follow the new case wizard to open a case. Upon submitting the case, you will receive an electronic confirmation with a unique case number sent to your email address. You will also be able to see the case in the open cases management tab. Via the phone To open a case using the phone, you will need to have your Support ID. Call one of the phone numbers mentioned in Contacts below. After you log the case with the Veeam Support Engineer, your case will be assigned a unique number given to you over the phone. If the issue you have reported requires collecting and analyzing diagnostic information, the Veeam Support Engineer may request such information from you or collect it during a brief remote session. While the Veeam Support Engineer will attempt to gather as much detail as possible, they will not investigate the log files online. To make log analysis efficient, we use log parsing tools and other resources available only internally. Once the Veeam Support Engineer receives the required diagnostic information, they will investigate it offline and get back to you. 06/16/2020 Council Meeting Agenda Packet Page 140 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners.04292020 7 Premier Support Customers Contact your SAM who will assign a ticket to the most appropriate Senior Support Engineer. We start issue analysis within 30 minutes after a call/ticket is logged. Your dedicated Support Account Manager is available to you during your local business hours and will act as the direct point of contact for the coordination of issue management and problem resolution. United States Federal Government support As a US Federal Government agency, Veeam Support will assist you to determine the problem and solution utilizing the methods described above. US based Federal Support is available Monday through Friday 8 a.m.−9 p.m. EST, Saturday 12 p.m.−12 a.m. EST, and Sunday 12 p.m. −8 p.m.EST (weekend support for Production SLA or Severity 1 cases only). To contact Veeam Support at any time, call our US Federal Government phone number listed in the phone number section below. Further information pertaining to our solutions for US Federal Government can be found at www.veeam.com/federal.html. Customer Support issue resolution A Veeam Support Engineer will contact you by phone and/or email or a combination of both as appropriate during the resolution process. Severity levels may be adjusted with customer consent and mutual agreement on the degree of the impact based on the Severity definitions. Veeam Support provides trained resources to research and resolve issues on a timely basis. While an issue is open, the support team will keep you informed of the resolution status, and will notify you when a reported issue has been resolved. If at any point during the resolution process, you become dissatisfied with the handling of your issue, simply contact the case owner and request an escalation to the manager. This allows us to understand your concerns and make adjustments in resources if necessary. We will make three attempts, on separate business days, to contact you for updates or information on an open case. If we are unable to make contact with you, we may close the case without your consent. If the issue continues to exist, you may open a new case and reference the old one. Resolution of a support case can include any of the following actions: • Software that provides a fix for the problem (case closed) • Permanent business or system workaround (case closed) • Temporary business or system workaround (case severity level is reduced) • Action plan for the development of a fix or workaround: Milestones and dependencies are set, communicated, and tracked (case severity level might be changed) • Issue is a customer-specific customization or enhancement, and is not covered under maintenance (customer notification, case closed) • Customer may be required to upgrade if fix is included in the current GA release 06/16/2020 Council Meeting Agenda Packet Page 141 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners.04292020 8 Beyond the scope of Veeam Support’s responsibility • It is beyond the scope of Veeam Support’s responsibility to provide installation, configuration, and upgrades of our products. Walkthroughs of installations and upgrades are not supported. • Veeam Support does not write scripts on demand. Custom script troubleshooting is not supported. Third-party software support We will assist you in problem analysis to determine whether the issue is caused by third-party software or hardware. In order to isolate the problem, and if we believe we have reason, we may ask you to remove third-party software or hardware product. If it is impossible to identify the cause of the problem we may contact the third-party vendor using TSANet or ask you to open support case with the third-party vendor support organization. Feature requests Veeam always welcomes feature requests, as we highly value feedback from our community on how to continue to make our products even better. If you have a suggestion for our software’s functionality or feature set, please visit our Veeam Community Forums and create a topic describing your request or create a case with our Support Team and describe the desired behavior and a use case, and the Veeam Support Engineer will submit a Feature Request on your behalf. Customer satisfaction surveys We periodically survey customers to obtain additional feedback on recent experiences with Veeam Customer Support, and the survey results are reviewed by management. When a support case is closed, an email may be sent to the customer contact associated with the case. Product lifecycle Level of support services provided depends on the lifecycle phase determined for specific version of the product. Current versions of the products are eligible for full support that includes support services and updates/fixes, while support for older versions may be limited. A list of known workarounds or existing fixes and assistance with upgrading to a supported version is available for customers using old or discontinued versions. The list is updated each time there is a release. For the current list of products and their status please see the product release matrix located at www.veeam.com/support/releasestatus.pdf Previous versions support • New Releases — All new products issued for General Availability (GA). • Current Releases — To maximize the quality of our service, Veeam limits technical support to the products listed on the release matrix. • Releases designated as End of Fixes — Support is available, existing program fixes are available, but no new fixes will be created and no enhancements will be made. • Releases designated as End of Support or Withdrawal from the Market — No support is available. • For unsupported releases, new product enhancements and fixes will not be available. Veeam does not have an obligation to provide support for software that has been publicly designated End of Support, Withdrawn from the Market, or similarly designated. 06/16/2020 Council Meeting Agenda Packet Page 142 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners.04292020 9 Product maintenance Our goal is to go beyond quickly solving problems, and actually prevent similar problems from occurring in future in the first place. As a result, stringent quality control procedures are built into the development and release cycle of new products and releases. A typical product goes through multiple test phases — Quality Assurance, Alpha Test, Beta Test, and Controlled Release before it is made generally available. Issues sometimes occur with complex software operating in equally complex and demanding environments. Fixes and resolutions are often rolled into the next product release, and others are included as part of the next maintenance release, and most urgent are addressed with a hotfix that can be applied on specific product version. Please note that access to hotfixes, patches and updates requires active maintenance contract. Users of Community, Free and NFR licensed products receive fixes by downloading periodic generally available product releases. When applicable, we announce the availability of new releases on the web and through email. Contacts Web support page www.veeam.com/support.html Veeam Licensing Policy https://www.veeam.com/licensing-policy.html Phone numbers Region Phone number Region Phone number North America Middle East/Africa Canada +1 647 694 0922 Egypt Toll-Free 0 800 000 9562 Canada (French) +1 514 613 7684 Israel +972 2 372 4351 United States +1 614 339 82 52 Saudi Arabia Toll-Free 800 814 6659 United States Federal Government +1 240 399 50 82 South Africa +27 11 062 3011 United States Toll-Free 1 800 913 1940 UAE Toll-Free 8000 3570 3954 United States Toll-Free 1 800 774 5124 Asia Pacific Europe Australia +61 2 6108 4305 Belgium +32 78 48 02 54 Australia +61 2 8014 4545 06/16/2020 Council Meeting Agenda Packet Page 143 of 169 © 2020 Veeam Software. Confidential information. All rights reserved. All trademarks are the property of their respective owners.04292020 10 Region Phone number Region Phone number Czech Republic Toll-Free 800 022 924 Australia Toll-Free 1 800 648 604 Denmark +45 78 77 54 76 China +86 10 5643 8383 France +33 1 70 61 83 74 China Toll-Free 400 990 9444 Germany +49 89 2109 4962 Hong Kong +852 5808 2870 Ireland Toll-Free 1 800 818 910 India Toll-Free 000 800 100 8769 Israel +972 2 372 4351 Indonesia +62 855 7467 0334 Italy +39 042 6047505 Japan Toll-Free 0120 922 345 Netherlands +31 8 58880655 Malaysia Toll-Free 1 800 818 147 Norway +47 854 04 385 New Zealand +64 9 974 9594 Poland 00 800 112 51 01 New Zealand Toll-Free 0 800 456140 Russia +7 495 646 77 06 Philippines +63282312112 Spain +34 911 829 760 Singapore +65 3158 2239 Sweden +46 10 199 25 77 South Korea Toll-Free 00798 14 203 0092 Switzerland +41 22 533 11 49 Taiwan Toll-Free 0 800 868 280 Turkey +90 212 975 01 75 Thailand Toll-Free 1 800 294 298 UK Toll-Free 0 800 051 89 36 Vietnam +84 23 6445 8069 Latin America Argentina +54 11 5984 2088 Brazil +55 11 3958 7370 Brazil Toll-Free 0 800 761 2311 Chile +56 22570 8684 Colombia +57 1 381 0636 Mexico +52 55 4741 1493 Peru Toll-Free 0 800 70 008 06/16/2020 Council Meeting Agenda Packet Page 144 of 169 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council From/Presenter: Josh DeLay, Finance Director Subject: Coronavirus Relief Funds (CRF) Contract Date: June 16, 2020 I. Summary Title: A contract allowing the City of East Wenatchee to request reimbursement from the Department of Commerce (Commerce) from the allocation of the Coronavirus Relief Fund as created in section 5001 of H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) for eligible expenditures not to exceed $411,300. II. Background/History: These funds are provided by the Federal Government through the State of Washington via Commerce for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period of March 1, 2020 through October 31, 2020. Funds submitted for reimbursement from the Coronavirus Relief Funds under this contract can be used to cover costs that: • Are necessary expenditures incurred due to the public health emergency with respect to COVID-19 • Are not accounted for in the budget most recently approved by City Council; and • Are incurred between March 1, 2020 and October 31, 2020 III. Recommended Action: Authorize Mayor Crawford to execute Contract number 20-6541C- 164 with Commerce IV. Exhibits: Commerce contract number 20-6541C-164 Financial Data: Expenditure Required Amount Budgeted Appropriation Required $411,300 $0 $411,300 06/16/2020 Council Meeting Agenda Packet Page 145 of 169 Interagency Agreement with City of East Wenatchee through the Coronavirus Relief Fund for Local Governments For Costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period of March 1, 2020 thru October 31, 2020. Start date: March 1, 2020 06/16/2020 Council Meeting Agenda Packet Page 146 of 169 ii TABLE OF CONTENTS Special Terms and Conditions 1. Authority…………………………………………………………………………………..1 2. Acknowledgement of Federal Funding………………………………………………..1 3. Contract Management ........................................................................................... 1 4. Compensation ........................................................................................................ 1 5. Expenses…………………………………………………………………………………1 6. Indirect Costs…………………………………………………………………………….1 7. Billing Procedures and Payment ............................................................................ 1 8. Audit……………………………………………………………………………………….2 9. Debarment…………………………….………………………………………………….3 10. Laws ....................................................................................................................... 3 11. Order of Precedence .............................................................................................. 4 General Terms and Conditions 1. Definitions .............................................................................................................. 5 2. All Writings Contained Herein ................................................................................ 5 3. Amendments .......................................................................................................... 5 4. Assignment ............................................................................................................ 5 5. Confidentiality and Safeguarding of Information.................................................... 5 6. Copyright................................................................................................................ 6 7. Disputes ................................................................................................................. 6 8. Governing Law and Venue .................................................................................... 6 9. Indemnification ....................................................................................................... 7 10. Licensing, Accreditation and Registration ............................................................. 7 11. Recapture .............................................................................................................. 7 12. Records Maintenance ............................................................................................ 7 13. Savings .................................................................................................................. 7 14. Severability ............................................................................................................ 7 15. Subcontracting ....................................................................................................... 7 16. Survival .................................................................................................................. 8 17. Termination for Cause ........................................................................................... 8 18. Termination for Convenience................................................................................. 8 19. Termination Procedures ........................................................................................ 8 20. Treatment of Assets ............................................................................................... 9 21. Waiver .................................................................................................................. 10 Attachment A, Scope of Work ................................................................................................... 11 Attachment B, Budget & Invoicing ............................................................................................. 13 Attachment C, A-19 Certification ................................................................................................ 14 Attachment D, A-19 Activity Report ........................................................................................... 16 06/16/2020 Council Meeting Agenda Packet Page 147 of 169 FACE SHEET iii Contract Number: 20-6541C-164 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 1. Contractor 2. Contractor Doing Business As (optional) City of East Wenatchee 271 9th St NE EAST WENATCHEE, Washington 98802-4438 3. Contractor Representative 4. COMMERCE Representative Josh DeLay Finance Director (509) 886-6101 jdelay@eastwenatcheewa.gov Susan Butz Project Manager (360) 764-9552 Fax 360-586-5880 susan.butz@commerce.wa.gov P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $411,300.00 Federal: X State: Other: N/A: March 1, 2020 October 31, 2020 9. Federal Funds (as applicable) $411,300.00 Federal Agency: CFDA Number: US Dept. of the Treasury 21.999 Indirect Rate (if applicable): 10.00% 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # XXXXXXXXXXXXXX SWV0003756-00 601140637 N/A 14. Contract Purpose To provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period of March 1, 2020 thru October 31, 2020. Final invoices must be received by November 15, 2020. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment “A” – Scope of Work, Attachment “B” – Budget & Invoicing, Attachment “C” – A-19 Certification, Attachment “D” – A-19 Activity Report FOR CONTRACTOR FOR COMMERCE Jerrilea Crawford, Mayor Date Mark K. Barkley, Assistant Director, Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 05-01-2020. APPROVAL ON FILE. 06/16/2020 Council Meeting Agenda Packet Page 148 of 169 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 1 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OF FEDERAL FUNDS Funds under the Contract are made available and are subject to Section 601(a) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and Title V and VI of the CARES Act. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: “This project was supported by a grant awarded by US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund thru the Washington State Department of Commerce.” 3. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 4. COMPENSATION COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work (Attachment A). 5. EXPENSES Contractor shall receive reimbursement for allowable expenses as identified in the Scope of Work (Attachment A) or as authorized in advance by COMMERCE as reimbursable. Travel expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 6. INDIRECT COSTS Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 7. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If the Contractor has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19 form may be provided by the COMMERCE Project Manager upon request. 06/16/2020 Council Meeting Agenda Packet Page 149 of 169 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 2 The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final voucher shall be submitted to COMMERCE no later than November 15, 2020. COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as set forth under the Scope of Work (Attachment A) and Budget & Invoicing (Attachment B). The invoice shall include the Contract Number as stated on the Face Sheet. Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report (Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify and attest all expenditures submitted on the voucher are in compliance with the United States Treasury Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local- and-Tribal-Governments.pdf The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a detailed breakdown of the expenditures within each applicable budget sub-category identified in the voucher, as well as a report of expenditures to date. COMMERCE will not release payment for any reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received. After approving the Invoice Voucher, A-19 Certification and Activity Report, COMMERCE shall promptly remit a warrant to the Contractor. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwise inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on disallowed costs. 8. AUDIT Contractor shall maintain internal controls providing reasonable assurance it is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; and prepare appropriate financial statements, including a schedule of expenditures of federal awards. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: 06/16/2020 Council Meeting Agenda Packet Page 150 of 169 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 3 A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation to auditreview@commerce.wa.gov. 9. DEBARMENT A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor further agrees by signing this Contract that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract, such contractor shall attach an explanation to this Contract. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 10. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: 06/16/2020 Council Meeting Agenda Packet Page 151 of 169 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 4 United States Laws, Regulations and Circulars (Federal) Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Award, 2 CFR 200, Subpart F – Audit Requirements. Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation. Contractor shall comply with Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. 11. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A – Scope of Work • Attachment B – Budget & Invoicing • Attachment C – A-19 Certification • Attachment D – A-19 Activity Report 06/16/2020 Council Meeting Agenda Packet Page 152 of 169 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 5 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. ”State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. 06/16/2020 Council Meeting Agenda Packet Page 153 of 169 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 6 COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 06/16/2020 Council Meeting Agenda Packet Page 154 of 169 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 7 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they 06/16/2020 Council Meeting Agenda Packet Page 155 of 169 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 8 relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. Contractor shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree 06/16/2020 Council Meeting Agenda Packet Page 156 of 169 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 9 with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 06/16/2020 Council Meeting Agenda Packet Page 157 of 169 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 10 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 06/16/2020 Council Meeting Agenda Packet Page 158 of 169 Attachment A State of Washington Interagency Agreement Version 072019 Department of Commerce Page 11 Scope of Work This funding is made available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section V and VI of the CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); AND 2. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government. These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the US Treasury’s December 30, 2020 end date, the State of Washington must closeout contracts by October 31, 2020. All final requests for reimbursement must be received no later than November 15, 2020. Expenditures must be used for necessary actions taken to respond to the public health emergency. These may include expenditures incurred to allow the local government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second- order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. Payments may be used only to cover costs not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either: 1. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR 2. The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The “most recently approved” budget is the enacted budget for the relevant fiscal period for the particular government. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Allowable expenditures include, but are not limited to: 1. Medical expenses such as: a. COVID-19-related expenses of public hospitals, clinics, and similar facilities. b. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. c. Costs of providing COVID-19 testing, including serological testing. d. Emergency medical response expenses, including emergency medical transportation, related to COVID-19. e. Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment. 2. Public health expenses such as: 06/16/2020 Council Meeting Agenda Packet Page 159 of 169 Attachment A State of Washington Interagency Agreement Version 072019 Department of Commerce Page 12 a. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. b. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. c. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID- 19-related threats to public health and safety. e. Expenses for public safety measures undertaken in response to COVID-19. f. Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: a. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. b. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. c. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. d. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. e. COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. f. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: a. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. b. Expenditures related to a State, territorial, local, or Tribal government payroll support program. c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria. 06/16/2020 Council Meeting Agenda Packet Page 160 of 169 Attachment B State of Washington Interagency Agreement Version 072019 Department of Commerce Page 13 Budget & Invoicing The Contractor shall determine the appropriate budget and use of funds within the following 6 budget categories and their sub-categories: 1. Medical 2. Public Health 3. Payroll 4. Actions to Comply with Public Health Measures 5. Economic Support 6. Other Covid-19 Expenses The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the Commerce Contract Management System’s (CMS) Online A-19 Portal. Each reimbursement request must include: 1. A-19 Certification form – An authorized party of the local government will certify each invoice (A19) submitted for reimbursement and attest that all incurred expenditures meet the US Treasury Department’s guidance: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund- Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf 2. A-19 Activity Report 3. A detailed breakdown of the expenditures incurred within each applicable budget sub-category on the A-19 Activity Report. The A-19 Certification and Activity Report templates will be provided with the executed contract. The documents are included in Attachment C and Attachment D for reference. Receipts and proof of payment for costs incurred do not need to be submitted with A-19s. All contractors are required to maintain accounting records in accordance with state and federal laws. Records must be sufficient to demonstrate the funds have been used in accordance with section 601(d) of the Social Security Act. Commerce reserves the right to audit any costs submitted for reimbursement. The Contractor shall comply with Commerce A-19 audits and provide the appropriate records upon request. 06/16/2020 Council Meeting Agenda Packet Page 161 of 169 Attachment C State of Washington Interagency Agreement Version 072019 Department of Commerce Page 14 06/16/2020 Council Meeting Agenda Packet Page 162 of 169 Attachment C State of Washington Interagency Agreement Version 072019 Department of Commerce Page 15 06/16/2020 Council Meeting Agenda Packet Page 163 of 169 Attachment D State of Washington Interagency Agreement Version 072019 Department of Commerce Page 16 06/16/2020 Council Meeting Agenda Packet Page 164 of 169 Attachment D State of Washington Interagency Agreement Version 072019 Department of Commerce Page 17 06/16/2020 Council Meeting Agenda Packet Page 165 of 169 From:Trautmann, Cara Subject:Charter Communications (Spectrum) Programming Update - Mi Plan Latino Expansion Date:Wednesday, June 10, 2020 12:13:58 PM Attachments:image002.png At Charter, locally known as Spectrum, we continue to enhance our services in order to offer more entertainment and communication choices, and to deliver the best value to our customers. We are committed to offering our customers with products and services we are sure they will enjoy. As previously noticed, effective on or around June 1, 2020, Spectrum Mi Plan Latino will be adding thirteen (13) new English channels to the new Spectrum Mi Plan Latino package. The new package will include Spectrum TV Basic, Latino View and Spectrum Mi Plan Latino with the addition of the following networks: Animal Planet, BET, Boomerang, FXX, MTV, National Geographic, Nick Jr., Nickelodeon, Oxygen, Paramount, SyFy, TV Land and VH1. The additional English channels will be added to customers purchasing Spectrum Mi Plan Latino. On or around July 10, 2020, additional Spanish networks Hola TV, Ingles Para Todos, and Kids Central will be added to Latino View. Tarmina is scheduled to be added to Latino View at a later date and details will follow. The additional Spanish channels will be added to Spectrum MI Plan Latino and legacy Mi Plan Latino customers. To view a current Spectrum channel lineup visit www.spectrum.com/channels. If you have any questions about this change, please feel free to contact me at 360.258.5109 or via email at stafford.strong@charter.com. Sincerely, Stafford Strong | Senior Manager, State Government Affairs - Washington | O: 360-258-5109 | C: 360-936-0522 222 NE Park Plaza Drive, #231| Vancouver, WA 98684 E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this 06/16/2020 Council Meeting Agenda Packet Page 166 of 169 message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. 06/16/2020 Council Meeting Agenda Packet Page 167 of 169 06/16/2020 Council Meeting Agenda Packet Page 168 of 169 06/16/2020 Council Meeting Agenda Packet Page 169 of 169