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HomeMy WebLinkAbout2/2/2021 - City Council - City Council Meeting Agenda Packet - Jerrilea Crawford, MayorIn 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.) 2-2-2021 Council Meeting Agenda Page 1 of 3 East Wenatchee City Council Meeting Tuesday, February 2, 2021 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 Please note, this agenda also serves as the special meeting notice pursuant to RCW 42.30.080. Due to the Governor’s Proclamation 20-28 related to the COVID-19 emergency and open public meetings, this meeting is being held remotely. Phone-in option for the meeting: 253 215 8782, Meeting ID: 816 6275 3841 AGENDA 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1. Consent Items: a. 11/20/2020 DocuSign Agreement. Pg. 4 Vouchers: b. Date: 2/2/2021, Checks: 54657 - 54703, in the amount of $206,039.12. Pg. 7 Minutes: c. 1/19/2021 Council Meeting Minutes. Pg. 25 Motion 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. Public Hearings. The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, the action that the Council may take on the matter, will address the appearance of fairness doctrine, and will state the manner in which the hearing will proceed. Staff will first give a report, followed by public testimony. All speakers must speak into the microphone and clearly state their names and addresses. All comments should be addressed to the Council, should be relevant to the topic, and should not be of a personal nature. Public testimony may be limited to three minutes, unless further time is granted by the Mayor. If there are a large number of speakers, a representative may be appointed to speak on behalf of the group. a. The public hearing for the Community Development Block Grant (CDBG) Program proposed Amendment #2 to the 2019 Annual Action Plan to allocate CDBG-CV3 funding – Lori Barnett, Community Development Director. Pg. 30 2/2/2021 City Council Agenda Packet Page 1 of 112 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.) 2-2-2021 Council Meeting Agenda Page 2 of 3 i. Resolution 2021-03, a Resolution adopting Amendment No. 2 to the 2019 Annual Action Plan in accordance with the requirements of the U.S. Department of Housing and Urban Development Regulations at 24 CFR Part 91 to allocate the award of Community Development Block Grant Coronavirus Aid, Relief and Economic Security Act “CDBG-CV3” funds, declaration of Urgent Need, amending Resolutions 2020-16 and 2019-17 – Lori Barnett, Community Development Director. Pg. 32 Motion by City Council to approve Resolution 2021-03 and authorize the Mayor to sign the necessary agreements and certifications required by HUD. b. Public hearing regarding the Wenatchee Kennel Club request to waive the required public street improvements for McGee St. SE associated with their training facility at 200 1st St. SE. – Lori Barnett, Community Development Director. Pg. 49 i. Action Item: Consideration of a request by the Wenatchee Kennel Club to waive the design and installation of required public street improvements for McGee St. SE associated with Building Permit #2342 issued on September 27, 2018 – Lori Barnett, Community Development Director. Pg. 51 Motion by City Council to approve the waiver of required improvements on McGee St. SE for the Wenatchee Kennel Club. 4. Presentations. None. 5. Department Report. a. Introduction of Erik Hampton, Assistant Police Chief – Rick Johnson, Police Chief. b. 2020 Year-End Public Works Report – Tom Wachholder, Project Development Manager. Pg. 56 6. Mayor’s Report. a. COVID-19 Update. b. Council Workshop date change from 2/11 to 2/25/2021. 7. Action Items. a. Resolution 2021-02, a Resolution establishing a policy that awards an employee who receives a COVID-19 vaccination an additional 4 hours of vacation leave – Devin Poulson, City Attorney. Pg. 61 Motion by City Council to approve Resolution 2021-02 as presented and establish a policy that awards an employee who receives a COVID-19 vaccination an additional 4 hours of vacation leave. 2/2/2021 City Council Agenda Packet Page 2 of 112 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.) 2-2-2021 Council Meeting Agenda Page 3 of 3 b. Community Development Block Grant-Coronavirus (CDBG-CV3) Food Security Program - Regional Collaboration Agreement Among City of Wenatchee, City of East Wenatchee, Chelan Douglas Health District, and Serve Wenatchee Valley for the Emergency Food Assistance Program (EFAP) – Lori Barnett, Community Development Director. Pg. 64 Motion by City Council to approve the Mayor to sign the Regional Collaboration Agreement for the Emergency Food Assistance Program (EFAP) with Serve Wenatchee Valley and other participating jurisdictions. c. Community Development Block Grant-Coronavirus (CDBG-CV3) Food Security Program - Regional Collaboration Agreement Among City of Wenatchee, City of East Wenatchee, Chelan Douglas Health District, and Town Toyota Center for the Emergency Food Assistance Program (EFAP) – Lori Barnett, Community Development Director. Pg. 85 Motion by City Council to approve the Mayor to sign the Regional Collaboration Agreement for the Emergency Food Assistance Program (EFAP) with the Town Toyota Center and other participating jurisdictions. d. First amendment to the Subrecipient Agreement with the Chelan Douglas Regional Port Authority to extend the time of performance to December 31, 2021 for the Microenterprise Grant Program – Lori Barnett, Community Development Director. Pg. 105 Motion by City Council to approve amendment and authorize the Mayor to sign the amendment. 8. Council Reports & Announcements. a. Reports/New Business of Council Committees 9. Adjournment. 2/2/2021 City Council Agenda Packet Page 3 of 112 DocuSign, Inc. 221 Main Street, Suite 1000 San Francisco, CA 94105 Offer Valid Through: Nov 20, 2020 Prepared By: Weston Miller Quote Number: Q-00519882 ORDER FORM Address Information Bill To: Ship To: City of East Wenatchee City of East Wenatchee 271 9th St Ne, East Wenatchee, WA, 98802 United States 271 9th St Ne, East Wenatchee, WA, 98802 United States Billing Contact Name: Shipping Contact Name: Josh DeLay Josh DeLay Billing Email Address: jdelay@eastwenatcheewa.gov Shipping Email Address: jdelay@eastwenatcheewa.gov Billing Phone: 509-886-6101 Shipping Phone: 509-886-6101 Order Details Order Start Date: Nov 20, 2020 Payment Method: Check Order End Date: Nov 19, 2022 Payment Terms: Net 30 Billing Frequency: Annual Currency: USD Products Product Name Start Date End Date Quantity Net Price eSignature Business Pro Edition - Seat Subscription Nov 20, 2020 Nov 19, 2022 5 $4,800.00 Premier Support Nov 20, 2020 Nov 19, 2022 1 $720.00 Adoption Consulting Lite Nov 20, 2020 Nov 19, 2022 1 $500.00 Grand Total: $6,020.00 Product Details eSignature Seat Allowance: 5 eSignature Envelope Allowance: 1,000 DocuSign Envelope ID: 1CABD2F0-38B6-4AFB-9921-DC037D58B03D 2/2/2021 City Council Agenda Packet Page 4 of 112 Page 2 of 3 Order Special Terms Annualized Totals: Year 1 Total: USD 3,260.00 Year 2 Total: USD 2,760.00 Terms & Conditions This Order Form is governed by the terms Master Services Agreement available online at: https://www.docusign.com/company/terms-and-conditions/msa and the applicable Service Schedule(s) and Attachments for the DocuSign Services described herein available online at https://www.docusign.com/company/terms-and-conditions/msa-service-schedules. Adoption Consulting Lite will expire if not used within 90 days of the product start date. Billing Information Prices shown above do not include any state and local taxes that may apply. Any such taxes are the responsibility of the Customer and will appear on the final Invoice. Is the contracting entity exempt from sales tax? Please select Yes or No: \tax1\ If yes, please send the required tax exemption documents immediately to taxexempt@docusign.com. Invoices for this order will be emailed automatically from invoicing@docusign.com. Please make sure this email is on an approved setting or safe senders list so notifications do not go to a junk folder or caught in a spam filter. Purchase Order Information Is a Purchase Order (PO) required for the purchase or payment of the products on this Order Form? Please select Yes or No: \por1\ If yes, please complete the following: PO Number: \po1\ PO Amount: $\pa1\ DocuSign Envelope ID: 1CABD2F0-38B6-4AFB-9921-DC037D58B03D No No 2/2/2021 City Council Agenda Packet Page 5 of 112 Page 3 of 3 By signing this Agreement, I certify that I am authorized to sign on behalf of the Customer and agree to the Terms and Conditions of this Order Form and any documents incorporated herein. Customer DocuSign, Inc. Signature: \si1\ Signature: \si3\ Name: \na1\ Name: \na3\ Job Title: \ti1\ Job Title: \ti3\ Date: \ds1\ Date: \ds3\ \ \in2\ DocuSign Envelope ID: 1CABD2F0-38B6-4AFB-9921-DC037D58B03D Jerrilea Crawford November 20, 2020 Mayor Beatriz Benjamin Revenue Operations Manager November 20, 2020 2/2/2021 City Council Agenda Packet Page 6 of 112 CHECKS: 54657 - 54703 VOIDED CHECKS: None DEPARTMENT/FUND AMOUNT General Fund 001 $17,673.18 Street Fund 101 $3,155.83 Community Dev Grants Funds 102 $0.00 Transportation Benefit District Fund 105 $0.00 Debt Reserve Fund 110 $0.00 Library Fund 112 $161.50 Hotel/Motel Tax Fund 113 $0.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $0.00 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $60,237.77 Storm Water Improvements 308 $0.00 Capital Improvements Fund 314 $0.00 Stormwater Fund 401 $407.18 Equipment R&R Fund 501 $124,403.66 Cafeteria Plan 634 $0.00 Grand Total All Funds $206,039.12 CITY OF EAST WENATCHEE CHECK REGISTER February 2, 2021 PAYABLES 2/2/2021 City Council Agenda Packet Page 7 of 112 Fund Number Description Amount 001 General Fund $17,673.18 101 Street Fund $3,155.83 112 Library Fund $161.50 301 Street Improvements Fund $60,237.77 401 Stormwater Fund $407.18 501 Equipment Purchase, Repair & Replacement Fund $124,403.66 Count: 6 $206,039.12 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2021 - February 2021 - February 2021 1st Council Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:59:58 AM Page 1 of 1 East Wenatchee - Fund Transaction Summary 2/2/2021 City Council Agenda Packet Page 8 of 112 Vendor Number Reference Account Number Description Amount 911 Supply Inc 54657 2021 - February 2021 - February 2021 1st Council INV-2-7849 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $73.78 Total INV-2-7849 $73.78 Total 54657 $73.78 Total 911 Supply Inc $73.78 A WorkSAFE Service, Inc. 54658 2021 - February 2021 - February 2021 1st Council 299722 New Hire Drug Tests 001-000-139-518-10-40-07 Pre-Employment Services $165.00 Total 299722 $165.00 Total 54658 $165.00 Total A WorkSAFE Service, Inc.$165.00 Advanced Traffic Products 54659 2021 - February 2021 - February 2021 1st Council 0000028739 Street/Traffic Safety Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $758.10 Total 0000028739 $758.10 Total 54659 $758.10 Total Advanced Traffic Products $758.10 American Planning Assoc 54660 2021 - February 2021 - February 2021 1st Council 125854-2113 Planning/2021 Membership Barnett 001-000-580-558-60-40-01 Dues & Subscriptions $573.00 Total 125854-2113 $573.00 Total 54660 $573.00 Total American Planning Assoc $573.00 Voucher Directory Fiscal: : 2021 - February 2021 Council Date: : 2021 - February 2021 - February 2021 1st Council Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 1 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 9 of 112 Vendor Number Reference Account Number Description Amount American Planning Association 54661 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 11:02:37 AM Planning/Groos Membership 001-000-580-558-60-40-01 Dues & Subscriptions $119.00 Total Invoice - 1/26/2021 11:02:37 AM $119.00 Total 54661 $119.00 Total American Planning Association $119.00 AT&T Mobility 54662 2021 - February 2021 - February 2021 1st Council 287293799226X01132021 Police/Mobile Communications 001-000-210-521-10-42-01 Telephone $832.76 Total 287293799226X01132021 $832.76 Total 54662 $832.76 Total AT&T Mobility $832.76 Ballard Services, Inc. 54663 2021 - February 2021 - February 2021 1st Council 404206 Police/Blood Draw 001-000-210-521-10-41-00 Professional Services $100.00 Total 404206 $100.00 404461 Police/Blood Draw 001-000-210-521-10-41-00 Professional Services $100.00 Total 404461 $100.00 404605 Police/Blood Draw 001-000-210-521-10-41-00 Professional Services $100.00 Total 404605 $100.00 404800 Police/Blood Draw 001-000-210-521-10-41-00 Professional Services $100.00 Total 404800 $100.00 405684 Police/Blood Draw 001-000-210-521-10-41-00 Professional Services $100.00 Total 405684 $100.00 406057 Police/Blood Draw 001-000-210-521-10-41-00 Professional Services $100.00 Total 406057 $100.00 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 2 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 10 of 112 Vendor Number Reference Account Number Description Amount 406256 Police/Blood Draw 001-000-210-521-10-41-00 Professional Services $100.00 Total 406256 $100.00 406337 Police/Blood Draw 001-000-210-521-10-41-00 Professional Services $100.00 Total 406337 $100.00 Total 54663 $800.00 Total Ballard Services, Inc.$800.00 Banner Bank c/o Pipkin Construction 54664 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 11:23:55 AM Retainage 301-000-000-595-61-60-01 TIB Complete Streets - Grant/June Crossing $255.46 301-000-000-595-61-60-02 TIB Complete Streets - 3rd St. Sidewalk $100.06 Total Invoice - 1/26/2021 11:23:55 AM $355.52 Total 54664 $355.52 Total Banner Bank c/o Pipkin Construction $355.52 Battery Systems Inc 54665 2021 - February 2021 - February 2021 1st Council 4684389 Street/Traffic Control Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $209.40 Total 4684389 $209.40 6333237 Street/Traffic Control Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $209.40 Total 6333237 $209.40 Total 54665 $418.80 Total Battery Systems Inc $418.80 Bear Signs & Graphics 54666 2021 - February 2021 - February 2021 1st Council 6260 Police/Uniform Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $97.56 Total 6260 $97.56 Total 54666 $97.56 Total Bear Signs & Graphics $97.56 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 3 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 11 of 112 Vendor Number Reference Account Number Description Amount Chelan County Treasurer 54667 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 9:24:06 AM 4th Qtr Liquor Profits 001-000-001-564-00-40-00 Comm Mental Health (2% Liquor)$1,032.74 Total Invoice - 1/26/2021 9:24:06 AM $1,032.74 Total 54667 $1,032.74 Total Chelan County Treasurer $1,032.74 Columbia River Steel dba: Moses Lake Steel Supply, Inc 54668 2021 - February 2021 - February 2021 1st Council 22013702 Street/Traffic Safety Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $178.32 Total 22013702 $178.32 Total 54668 $178.32 Total Columbia River Steel dba: Moses Lake Steel Supply, Inc $178.32 Commercial Printing, Inc. 54669 2021 - February 2021 - February 2021 1st Council 122222 Police/Thank you Cards 001-000-210-521-10-35-00 Small Tools & Equipment $47.50 Total 122222 $47.50 Total 54669 $47.50 Total Commercial Printing, Inc.$47.50 Compunet, Inc 54670 2021 - February 2021 - February 2021 1st Council 162878 IT/Computer Software Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $125.42 Total 162878 $125.42 Total 54670 $125.42 Total Compunet, Inc $125.42 Confluence Health 54671 2021 - February 2021 - February 2021 1st Council 90080847 New Hire Physical 001-000-139-518-10-40-07 Pre-Employment Services $123.00 Total 90080847 $123.00 Total 54671 $123.00 Total Confluence Health $123.00 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 4 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 12 of 112 Vendor Number Reference Account Number Description Amount Consolidated Supply Co. 54672 2021 - February 2021 - February 2021 1st Council S010102668.001 Street/Snow & Ice Supplies 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $13.37 Total S010102668.001 $13.37 Total 54672 $13.37 Total Consolidated Supply Co.$13.37 Douglas CO Sewer District 54673 2021 - February 2021 - February 2021 1st Council Invoice - 1/25/2021 10:28:22 AM Utilities 001-000-180-518-30-47-00 Utilities $161.05 112-000-000-572-50-47-00 Facilities - Utilities $161.50 Total Invoice - 1/25/2021 10:28:22 AM $322.55 Invoice - 1/25/2021 10:30:23 AM Utilities 001-000-180-518-30-47-00 Utilities $96.00 Total Invoice - 1/25/2021 10:30:23 AM $96.00 Invoice - 1/25/2021 10:34:40 AM utiities 001-000-180-518-30-47-00 Utilities $86.00 Total Invoice - 1/25/2021 10:34:40 AM $86.00 Invoice - 1/25/2021 10:35:25 AM Utlitites 001-000-180-518-30-47-00 Utilities $86.00 Total Invoice - 1/25/2021 10:35:25 AM $86.00 Invoice - 1/25/2021 10:36:39 AM Utilities 001-000-180-518-30-47-00 Utilities $96.00 Total Invoice - 1/25/2021 10:36:39 AM $96.00 Total 54673 $686.55 Total Douglas CO Sewer District $686.55 Douglas County PUD 54674 2021 - February 2021 - February 2021 1st Council metered street lighting metered street lightin 101-000-420-542-63-47-00 Utilities - Street Lighting $60.00 Total metered street lighting $60.00 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 5 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 13 of 112 Vendor Number Reference Account Number Description Amount traffic signal traffic signal 101-000-420-542-63-47-00 Utilities - Street Lighting $18.00 Total traffic signal $18.00 Total 54674 $78.00 Total Douglas County PUD $78.00 Douglas County Treasurer 54675 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 9:26:40 AM 4th Qtr Victim/Witness 001-001-000-589-30-00-05 County Share of Crime Victims $607.83 Total Invoice - 1/26/2021 9:26:40 AM $607.83 Total 54675 $607.83 Total Douglas County Treasurer $607.83 Eastmont Body Shop, Inc 54676 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 8:52:34 AM Police/Vehicle Repair and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $5,594.77 Total Invoice - 1/26/2021 8:52:34 AM $5,594.77 Total 54676 $5,594.77 Total Eastmont Body Shop, Inc $5,594.77 Fastenal Company 54677 2021 - February 2021 - February 2021 1st Council Invoice - 1/25/2021 10:56:33 AM Street/shop supplies 101-000-420-542-70-30-00 Supplies - Roadside $9.67 Total Invoice - 1/25/2021 10:56:33 AM $9.67 Invoice - 1/25/2021 10:58:59 AM repair supplies 101-000-420-542-70-30-00 Supplies - Roadside $37.59 Total Invoice - 1/25/2021 10:58:59 AM $37.59 wawen223380 supplies 101-000-420-542-65-30-00 Supplies - Parking Facilities $4.72 Total wawen223380 $4.72 wawn223463 swivel hooks 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $215.52 Total wawn223463 $215.52 Total 54677 $267.50 Total Fastenal Company $267.50 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 6 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 14 of 112 Vendor Number Reference Account Number Description Amount In-Print 54678 2021 - February 2021 - February 2021 1st Council 3255 Police/Business Cards 001-000-210-521-10-31-00 Office Supplies $351.98 Total 3255 $351.98 3262 Police/Business Cards 001-000-210-521-10-31-00 Office Supplies $70.40 Total 3262 $70.40 Total 54678 $422.38 Total In-Print $422.38 James Brandon Johnson 54679 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 11:49:26 AM Police/2021 Clothing Allowance 001-000-210-521-10-20-01 Clothing Allowance $600.00 Total Invoice - 1/26/2021 11:49:26 AM $600.00 Total 54679 $600.00 Total James Brandon Johnson $600.00 James Marshall 54680 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 11:11:50 AM Police/2021 Clothing Allowance 001-000-210-521-10-20-01 Clothing Allowance $548.84 Total Invoice - 1/26/2021 11:11:50 AM $548.84 Total 54680 $548.84 Total James Marshall $548.84 Keyhole Security Center Inc 54681 2021 - February 2021 - February 2021 1st Council 326790 Police/Key for Trailer 001-000-210-521-10-35-00 Small Tools & Equipment $20.23 Total 326790 $20.23 Total 54681 $20.23 Total Keyhole Security Center Inc $20.23 KPG, P.S. 54682 2021 - February 2021 - February 2021 1st Council 12-18020 Project Mgmt/Kenroy Safe Routes 301-000-000-595-10-40-24 Design - SRTS - 5th St NE: Kenroy $5,370.75 Total 12-18020 $5,370.75 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 7 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 15 of 112 Vendor Number Reference Account Number Description Amount 12-18120 Project Mgmt/Sterling Safe Routes 301-000-000-595-10-40-23 Design - SRTS - 5th St NE: Sterling $6,189.75 Total 12-18120 $6,189.75 Total 54682 $11,560.50 Total KPG, P.S.$11,560.50 Merriah Barnett 54683 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 8:23:50 AM January 2021 Civil Service 001-000-160-521-10-10-00 Salaries $260.00 Total Invoice - 1/26/2021 8:23:50 AM $260.00 Total 54683 $260.00 Total Merriah Barnett $260.00 MPA Mindy Breiner, MPA Treasurer Tukwila Muni Court-Prob 54684 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 11:20:18 AM Court/Membership Fees 001-000-120-512-50-40-00 Training $40.00 Total Invoice - 1/26/2021 11:20:18 AM $40.00 Total 54684 $40.00 Total MPA Mindy Breiner, MPA Treasurer Tukwila Muni Court-Prob $40.00 NCW EDD 54685 2021 - February 2021 - February 2021 1st Council 1321 Planning/Chelan-Douglas Trends 001-000-001-558-70-41-05 NCWEDD Chelan/Douglas Trends $1,500.00 Total 1321 $1,500.00 Total 54685 $1,500.00 Total NCW EDD $1,500.00 Perteet Engineering, Inc 54686 2021 - February 2021 - February 2021 1st Council 20190041.001-7 Project Mgmt/Complete Streets 301-000-000-595-61-60-00 TIB Complete Streets - Grant/Georgia Crossing $140.06 301-000-000-595-61-60-01 TIB Complete Streets - Grant/June Crossing $140.06 301-000-000-595-61-60-02 TIB Complete Streets - 3rd St. Sidewalk $140.06 Total 20190041.001-7 $420.18 Total 54686 $420.18 Total Perteet Engineering, Inc $420.18 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 8 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 16 of 112 Vendor Number Reference Account Number Description Amount PFVT MotorsLLC, dba: Peoria Ford 54687 2021 - February 2021 - February 2021 1st Council LGD00385 New Vehicle 501-000-000-594-21-60-00 Capital - Police Vehicles $39,327.00 Total LGD00385 $39,327.00 LGD00386 New Vehicle 501-000-000-594-21-60-00 Capital - Police Vehicles $39,327.00 Total LGD00386 $39,327.00 LGD00388 New Vehicle 501-000-000-594-21-60-00 Capital - Police Vehicles $39,327.00 Total LGD00388 $39,327.00 Total 54687 $117,981.00 Total PFVT MotorsLLC, dba: Peoria Ford $117,981.00 Pipkin Construction Inc 54688 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 11:24:49 AM TIB Complete Streets Project 301-000-000-595-61-60-01 TIB Complete Streets - Grant/June Crossing $4,853.76 301-000-000-595-61-60-02 TIB Complete Streets - 3rd St. Sidewalk $1,907.17 Total Invoice - 1/26/2021 11:24:49 AM $6,760.93 Total 54688 $6,760.93 Total Pipkin Construction Inc $6,760.93 Randy's Auto Parts & Towing 54689 2021 - February 2021 - February 2021 1st Council 30027382 Police/DUI Impound 001-000-210-521-10-41-00 Professional Services $162.45 Total 30027382 $162.45 Total 54689 $162.45 Total Randy's Auto Parts & Towing $162.45 Rh2 Engineering, Inc. 54690 2021 - February 2021 - February 2021 1st Council 80715 Project Mgmt/10th St NE Reconstruction 301-000-000-595-10-40-26 Design - PWTFL - 10th St $37,505.65 Total 80715 $37,505.65 80788 Project Mgmt/2020 General Engineering Services 001-000-315-544-20-45-00 Engineering Support Services $113.78 Total 80788 $113.78 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 9 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 17 of 112 Vendor Number Reference Account Number Description Amount 80792 Project Mgmt/9th St NE and Valley Mall 301-000-000-595-64-40-01 Design - 9th/VMP Intersection $3,634.99 Total 80792 $3,634.99 80803 Project Mgmt/Stormwater Plan 401-000-014-531-00-40-07 Stormwater Comp Plan Update $407.18 Total 80803 $407.18 Total 54690 $41,661.60 Total Rh2 Engineering, Inc.$41,661.60 Richard Johnson 54691 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 11:16:24 AM 2021 Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $560.13 Total Invoice - 1/26/2021 11:16:24 AM $560.13 Total 54691 $560.13 Total Richard Johnson $560.13 Ridgeline Graphics Inc 54692 2021 - February 2021 - February 2021 1st Council 24985 Police/Vehicle Decals 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $413.93 Total 24985 $413.93 24986 Police/Vehicle Decals 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $138.51 Total 24986 $138.51 Total 54692 $552.44 Total Ridgeline Graphics Inc $552.44 Thomas Rowe, Phd. 54693 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 10:34:46 AM New Hire Psych Test 001-000-210-521-10-41-00 Professional Services $600.00 Total Invoice - 1/26/2021 10:34:46 AM $600.00 Total 54693 $600.00 Total Thomas Rowe, Phd.$600.00 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 10 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 18 of 112 Vendor Number Reference Account Number Description Amount Town Chrysler Jeep Dodge INC 54694 2021 - February 2021 - February 2021 1st Council 21981 CHR Street/Vehicle Repairs and Maintenance 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $55.34 Total 21981 CHR $55.34 Total 54694 $55.34 Total Town Chrysler Jeep Dodge INC $55.34 Town Ford Inc 54695 2021 - February 2021 - February 2021 1st Council 23463 FOWG Police/Vehicle Repairs and Maintenance 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $52.47 Total 23463 FOWG $52.47 Total 54695 $52.47 Total Town Ford Inc $52.47 Traffic Safety Supply 54696 2021 - February 2021 - February 2021 1st Council INV034121 Street/Traffic Safety Supplies 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $229.46 Total INV034121 $229.46 Total 54696 $229.46 Total Traffic Safety Supply $229.46 Valley Tractor And 54697 2021 - February 2021 - February 2021 1st Council 9296423 Street/Vehicle Repair Supplies 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $88.88 Total 9296423 $88.88 9296446 Street/Vehicle Repairs and Maintenance 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $78.76 Total 9296446 $78.76 9296615 Street/Snow and Ice Supplies 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $480.27 Total 9296615 $480.27 9296657 Street/Park Supplies 101-000-420-542-75-30-00 Supplies - City Parks $79.57 Total 9296657 $79.57 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 11 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 19 of 112 Vendor Number Reference Account Number Description Amount Invoice - 1/25/2021 10:57:42 AM Street/Park Supplies 101-000-420-542-75-30-00 Supplies - City Parks $433.19 Total Invoice - 1/25/2021 10:57:42 AM $433.19 Total 54697 $1,160.67 Total Valley Tractor And $1,160.67 Wash Assoc of Sheriffs 54698 2021 - February 2021 - February 2021 1st Council DUES 2021-00150 Police/Rick Johnson 001-000-210-521-10-49-00 Miscellaneous $245.00 Total DUES 2021-00150 $245.00 Total 54698 $245.00 Total Wash Assoc of Sheriffs $245.00 Wash ST Dept of Licensing 54699 2021 - February 2021 - February 2021 1st Council EWP002042 Younger Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002042 Younger $18.00 EWP002043 Barker Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002043 Barker $18.00 EWP002044 Barker Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002044 Barker $18.00 EWP002045 Chappelle Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002045 Chappelle $18.00 EWP002046 Simms Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002046 Simms $18.00 EWP002047 Hartmann Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002047 Hartmann $18.00 EWP002048 Hartmann Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002048 Hartmann $18.00 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 12 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 20 of 112 Vendor Number Reference Account Number Description Amount EWP002049 Kallstrom Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002049 Kallstrom $18.00 EWP002050 Kallstrom Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002050 Kallstrom $18.00 EWP002051 Greene Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002051 Greene $18.00 EWP002052 Bravo Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002052 Bravo $18.00 EWP002053 Thomas Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002053 Thomas $18.00 EWP002054 Graves Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002054 Graves $18.00 EWP002055 Fifield Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002055 Fifield $18.00 EWP002056 Williams Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002056 Williams $18.00 EWP002057 Phillips Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002057 Phillips $18.00 EWP002058 Christianson Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002058 Christianson $18.00 EWP002059 Hunter Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002059 Hunter $18.00 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 13 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 21 of 112 Vendor Number Reference Account Number Description Amount EWP002060 McCarver Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002060 McCarver $18.00 EWP002061 Hinderer Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002061 Hinderer $18.00 EWP002062 May Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002062 May $18.00 EWP002063 Freemen Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002063 Freemen $18.00 EWP002064 Cristanson Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002064 Cristanson $18.00 EWP002065 Jones Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002065 Jones $18.00 EWP002066 Carpio Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002066 Carpio $18.00 EWP002067 Carpio GUn Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002067 Carpio $18.00 EWP002068 May Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002068 May $18.00 EWP002069 Nevin Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002069 Nevin $18.00 EWP002071 Stewart Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002071 Stewart $18.00 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 14 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 22 of 112 Vendor Number Reference Account Number Description Amount EWP002072 Roberts Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002072 Roberts $18.00 EWP002073 Kruger Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002073 Kruger $18.00 EWP002074 Crossley Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002074 Crossley $18.00 EWP002075 Nichols Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002075 Nichols $18.00 EWP002076 Pickett Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002076 Pickett $18.00 EWP002077 Townsend Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP002077 Townsend $18.00 Total 54699 $630.00 Total Wash ST Dept of Licensing $630.00 Wenatchee Valley Humane Society 54700 2021 - February 2021 - February 2021 1st Council 19323198 January 2021 Animal Control Services 001-000-001-539-30-40-00 Animal Control $6,126.24 Total 19323198 $6,126.24 Total 54700 $6,126.24 Total Wenatchee Valley Humane Society $6,126.24 Woods, Brangwin, & Bratton, PLLC 54701 2021 - February 2021 - February 2021 1st Council Invoice - 1/26/2021 8:12:40 AM Court/Conflict Cases 001-000-110-511-60-30-00 Public Defender Conflicts $135.00 Total Invoice - 1/26/2021 8:12:40 AM $135.00 Total 54701 $135.00 Total Woods, Brangwin, & Bratton, PLLC $135.00 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 15 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 23 of 112 Vendor Number Reference Account Number Description Amount Xerox Corporation 54702 2021 - February 2021 - February 2021 1st Council Invoice - 1/25/2021 9:25:18 AM Copier Fees 101-000-430-543-30-46-00 Insurance $104.34 Total Invoice - 1/25/2021 9:25:18 AM $104.34 Invoice - 1/26/2021 11:03:24 AM Police/Copier Fees 001-000-210-521-10-31-05 Office Machine Costs $311.80 Total Invoice - 1/26/2021 11:03:24 AM $311.80 Invoice - 1/26/2021 9:39:39 AM Court/Copier Fees 001-000-120-594-12-60-00 Capital Outlay $274.69 Total Invoice - 1/26/2021 9:39:39 AM $274.69 Total 54702 $690.83 Total Xerox Corporation $690.83 Ziply Fiber 54703 2021 - February 2021 - February 2021 1st Council Invoice - 1/25/2021 10:40:28 AM Street modem 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $114.91 Total Invoice - 1/25/2021 10:40:28 AM $114.91 Total 54703 $114.91 Total Ziply Fiber $114.91 Grand Total Vendor Count 47 $206,039.12 Printed by EASTWENATCHEE\ASchulz on 1/27/2021 8:58:45 AM Page 16 of 16 East Wenatchee - Voucher Directory 2/2/2021 City Council Agenda Packet Page 24 of 112 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.) 1-19-2021 Council Meeting Minutes Page 1 of 5 East Wenatchee City Council Meeting Tuesday, January 19, 2021 Zoom Meeting 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 Rick Johnson, Police Chief Councilmember Harry Raab Lori Barnett, Community Development Director Councilmember Robert Tidd Josh DeLay, Finance Director Councilmember Sasha Sleiman Tom Wachholder, Project Development Manager Councilmember Shayne Magdoff Garren Melton, Natural Resource Specialist Councilmember Christine Johnson Mary Beth Phillips, Court Administrator Councilmember Matthew Hepner Trina Elmes, Events Director/PIO Maria Holman, City Clerk 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1. Consent Items: a. M2 Consulting, PLLC., Agreement Supplement No. 1. b. Families First Coronavirus Response Act Policy extension. c. Date: 12/01/2020, Checks: 54587 - 54640; 54646 - 54647; 54649 - 54650, in the amount of $379,219.18, and voided checks: 54487; 54531; 54535; 54645. d. Date: 12/04/2020, Checks: 56648 - 56698, in the amount of $104,960.92. e. Date: 12/16/2020, Checks: 56500 - 56503; 56510 - 56584, in the amount of $605,350.77, and voided checks: 54620; 54625. f. Date: 12/31/2020, Checks: 56585-56588; 56593-56599; 56606-56646, in the amount of $144,169.95, and voided checks: 54568; 56549; 56553; 56595. g. Date: 1/19/2021, Checks: 56699 - 56725, in the amount of $122,421.28. h. November 2020 Payroll Certification. i. December 2020 Payroll Certification. j. 12/01/2020 Council Meeting Minutes. k. 1/14/2021 Council Workshop Minutes. Motion by Councilmember Tidd to approve consent items as presented. Councilmember Raab seconded the motion. Motion carried. (7-0) 2. Citizen Requests/Comments. None. 2/2/2021 City Council Agenda Packet Page 25 of 112 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.) 1-19-2021 Council Meeting Minutes Page 2 of 5 3. Presentations. None. 4. Department Report. a. Project Development Manager Tom Wachholder presented the Transportation Benefit District Annual Report for 2020. Comments provided by Councilmember Hepner. b. Police Chief Rick Johnson introduced new hire Landon Jensen, Lateral Police Officer. Comments provided by Councilmember Tidd, Councilmember Raab, Councilmember Magdoff, and Police Chief Rick Johnson. 5. Mayor’s Report. a. Mayor Crawford presented a retirement certificate for Marcia Martz who served as the Permit Technician of the City for twenty-nine and a half years. Her last day is Wednesday, January 20. Marcia Martz was not present at the meeting to receive the certificate. b. Mayor Crawford asked the Council about selecting the Mayor Pro Tempore for 2021, the selection was postponed at the last council m eeting. Councilmember Magdoff nominated Councilmember Hepner. Motion by Councilmember Magdoff to appoint Councilmember Hepner as the 2021 Mayor Pro Tempore. Councilmember Johnson seconded the motion. Motion carried (7-0). c. Mayor Crawford provided an update to the Council regarding the City’s Strategic Plan. The City is working with Maul Foster Alongi who will be contacting staff and Councilmembers to gather information as the beginning steps of the plan. The Strategic Plan is currently in Phase I. Comments were provided by Councilmember Magdoff. d. Mayor Crawford spoke to the successful launch of the new City website which is now live and running. The Mayor commended Events Director/PIO Trina Elmes for her work on this project. e. Mayor Crawford shared that COVID-19 vaccines are already here in the community and encouraged everyone to get the vaccine. The Mayor asked Council if they would support a vaccine incentive for City staff. The incentive would provide four hours of vacation to employees who receive the required dose of the COVID-19 vaccine. The objective is to encourage staff to get the required doses of the vaccine to keep our communities safe. There was a consensus by the Council to support an incentive program. No action was taken by the Council. Comments provided by Councilmember Tidd, Councilmember Hepner, Councilmember Magdoff, Councilmember Raab, Councilmember Sleiman, and Police Chief Rick Johnson. 2/2/2021 City Council Agenda Packet Page 26 of 112 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.) 1-19-2021 Council Meeting Minutes Page 3 of 5 6. Action Items. a. City Attorney Devin Poulson presented the first reading of Ordinance 2021-01, exempting certain positions in the Police Department from civil service coverage by amending Chapter 3.20 of the East Wenatchee Municipal Code. Comments provided by Chief of Police Rick Johnson, Councilmember Magdoff, and Mayor Crawford. Mayor Crawford suspended the second reading of Ordinance 2021-01. Motion by Councilmember Magdoff to approve Ordinance 2021-01 exempting certain positions in the Police Department from civil service coverage by amending Chapter 3.20 of the East Wenatchee Municipal Code. Councilmember Sleiman seconded the motion. Motion carried (7-0). b. City Attorney Devin Poulson presented the first reading of Ordinance 2021-02, establishing the police chief as the Police Department’s appointing authority for civil service purposes by amending Section 3.40.010 of the East Wenatchee Municipal Code and by amending Chapter 3.44 of the East Wenatchee Municipal Code. Mayor Crawford suspended the first reading of Ordinance 2021-02. Motion by Councilmember Raab to approve Ordinance 2021-02 establishing the police chief as the Police Department’s appointing authority for civil service purposes as presented. Councilmember Johnson seconded the motion. Motion carried (7-0). c. Events Director/PIO Trina Elmes presented Resolution 2021-01, appointing members to the East Wenatchee Events Board. Motion by Councilmember Tidd to approve Resolution 2021-01 appointing members to the 2021 East Wenatchee Events Board (EWEB) as presented. Councilmember Sleiman seconded the motion. Motion carried (7-0). d. Events Director/PIO Trina Elmes presented an East Wenatchee Events Board funding recommendation for a lodging tax request made by the Wenatchee Valley Chamber of Commerce for a two-year contract in the amount of $45,000 in 2021 and $45,000 in 2022. Motion by Councilmember Magdoff to authorize the Mayor to sign a two-year contract and approve funding the WVCC’s as requested. Councilmember Tidd seconded the motion. Motion carried (6-0, Sleiman abstained). e. Events Director/PIO Trina Elmes presented an East Wenatchee Events Board funding recommendation for the City of East Wenatchee Lodging Tax Request in the amount of $120,000.00, for the City of East Wenatchee Events Department’s 2021 Salaries, Classy Chassis Parade & Car Show, and Wings & Wheels Festival funding. Comments provided by Councilmember Tidd and Finance Director Josh DeLay. 2/2/2021 City Council Agenda Packet Page 27 of 112 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.) 1-19-2021 Council Meeting Minutes Page 4 of 5 Motion by Councilmember Sleiman to accept and approve the recommendation to fund the City of East Wenatchee Events Department request in the amount of $120,000.00. Councilmember Tidd seconded the motion. Motion carried (7-0). f. Project Development Manager Tom Wachholder presented a WSDOT Local Agency Agreement between WSDOT and the City for the 10th Street NE Improvements Project. Comments provided by Councilmember Hepner. Motion by Councilmember Tidd to authorize the Mayor to execute WSDOT Local Agency Agreement to obligate federal construction funding for the 10th Street NE Improvements Project. Councilmember Raab seconded the motion. Motion carried (7-0). g. Project Development Manager Tom Wachholder presented an Administrative Settlement associated with 10th Street NE Improvements Project right of way acquisition. Comments provided by Councilmember Raab. Motion by Councilmember Tidd to authorize the Mayor to approve the Administrative Settlement in the amount of $150.00 associated with the 2019 right of way acquisition located at 800 10th Street NE and authorize Mayor Crawford to execute the proposed Administrative Settlement Memo. Councilmember Magdoff seconded the motion. Motion carried (7-0). h. Project Development Manager Tom Wachholder presented a 10th Street NE Improvements Project - RH2 Engineering Contract Amendment No. 1. Motion by Councilmember Tidd to authorize the Mayor to execute proposed RH2 Engineering Contract Amendment No. 1 in the amount of $49,762 with a total contract not to exceed the amount of $669,840. Councilmember Sleiman seconded the motion. Motion carried (7-0). i. Natural Resource Specialist Garren Melton presented the authorization for approval for a Department of Ecology stormwater grant agreement. Motion by Councilmember Tidd to authorize the Mayor to sign a grant agreement with the Department of Ecology. Councilmember Hepner seconded the motion. Motion carried (7-0). j. Community Development Director Lori Barnett presented a request for a waiver of street improvements for the Wenatchee Kennel Club Dog Sports Training Center for McGee St. SE. Comments provided by Mayor Crawford. 2/2/2021 City Council Agenda Packet Page 28 of 112 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.) 1-19-2021 Council Meeting Minutes Page 5 of 5 Motion by Councilmember Tidd to authorize the Mayor to set a public hearing date for February 2, 2021, to consider the waiver request. Councilmember Johnson seconded the motion. Motion carried (7-0). k. Human Resources Generalist Maria Holman presented the 2021-2023 Local 846 Collective Bargaining Agreement between the City of East Wenatchee and the Washington State Council of County and City Employees/AFSCME Council 2, Local 846-W, AFLCIO. Comments provided by Councilmember Tidd, City Attorney Devin Poulson and Mayor Crawford. Motion by Councilmember Johnson to authorize the Mayor to sign the 2021-2023 Collective Bargaining Agreement on behalf of the City. Councilmember Hepner seconded the motion. Motion carried (7-0). 7. Council Reports & Announcements. a. Councilmember Tidd reported that he has been voted as Vice-Chair for the Link Transit Board and he is looking forward to serving in this capacity. b. Mayor Crawford reported that Luke Davies has been hired as the Chelan-Douglas Health District Administrator. 8. Adjournment. With no further business, the meeting adjourned at 7:19 p.m. Jerrilea Crawford, Mayor Attest: Maria E. Holman, City Clerk 2/2/2021 City Council Agenda Packet Page 29 of 112 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor Crawford and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Public hearing for Amendment #2 to the CDBG 2019 Annual Action Plan for CDBG-CV3 funds Date: February 2, 2021 I. Summary Title: Public hearing for the Community Development Block Grant (CDBG) Program proposed Amendment #2 to the 2019 Annual Action Plan to allocate CDBG-CV3 funding. II. Background/History: East Wenatchee receives annual CDBG funds from the U.S. Department of Housing and Urban Development (HUD). Every 5 years, the City adopts a Community Development & Housing Consolidated Plan that describes how the City will spend the CDBG funds. An annual action plan is adopted each year describing the projects that will be funded during that program year. It is necessary to amend the CDBG 2019 Annual Action Plan a second time in response to an additional allocation of $114,862 from the Coronavirus Aid, Relief and Economic Security Act. This is the second round of HUD funding and is designated as “CDBG-CV3”. As directed by Council at the January 14, 2021 workshop, the CDBG- CV3 funds with be used for the following programs: • $15,000 for the Chelan & Douglas County COVID-19 Food Assistance Program for delivery of food boxes to persons or families required to quarantine or isolate due to the pandemic. • $94,862 for emergency income payments for low- and moderate- income individuals and families who are impacted by COVID-19. • Staff allocated $5,000 for City planning and administrative costs. In accordance with an emergency waiver granted by HUD, a 10-day public review and comment period and notice of public hearing was initiated with published notices in the Wenatchee World on January 21, 2021 in English and in Spanish. The information was also posted on the City’s website. III. Recommended Action: Hold the public hearing to solicit comments regarding the proposed funding choices. 2/2/2021 City Council Agenda Packet Page 30 of 112 IV. Exhibits: Wenatchee World Advertisements from January 21, 2021 in English and Spanish Financial Data: Expenditure Required Amount Budgeted Appropriation Required $189,626 $74,764 $114,862 2/2/2021 City Council Agenda Packet Page 31 of 112 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor Crawford and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Resolution 2021-03 Amendment #2 to the CDBG 2019 Annual Action Plan to allocate “CDBG-CV3” funds Date: February 2, 2021 I. Summary Title: A Resolution of the City of East Wenatchee, Washington, adopting Amendment No. 2 to the 2019 Annual Action Plan in accordance with the requirements of the U.S. Department of Housing and Urban Development Regulations at 24 CFR Part 91 to allocate the award of Community Development Block Grant Coronavirus Aid, Relief and Economic Security Act “CDBG-CV3” funds, declaration of Urgent Need, amending Resolutions 2020-16 and 2019-17 and establishing an effective date. II. Background/History: East Wenatchee receives annual CDBG funds from the U.S. Department of Housing and Urban Development (HUD). An annual action plan is adopted each year describing the projects and programs that will be funded during that program year. On March 27, 2020, a special federal source of funding was provided through the Coronavirus Aid, Relief and Economic Security Act (CARES Act). The funds for the CDBG program were given the designation of “CDBG-CV”. The funding is intended to prevent, prepare for and respond to the coronavirus pandemic. On May 19, 2020, the Council approved Resolution 2020-16 amending the 2019 Annual Action Plan to reallocate $50,000 of 2019 Program Year funds along with the $83,927 in CDBG-CV funding to establish a Microenterprise grant program ($133,927). The remaining funds from 2019 were allocated for administration and planning ($27,000) and for direct assistance to home buyers ($58,000). On September 15, 2020, we were notified of a second round of CDBG-CV funding for the City of East Wenatchee. This round of HUD funding is designated as “CDBG-CV3” and provided $114,862 to the City. It is necessary to amend the CDBG 2019 Annual Action Plan a second time in response to this additional allocation of funding. CDBG-CV funding is a special allocation and must go through the 2/2/2021 City Council Agenda Packet Page 32 of 112 process for acceptance of a new award. To facilitate efficient distribution of the funds, HUD issued the following waivers: • Reduced public comment timeline from 30 days to 5 days • Suspension of the 15% public services cap • Reimbursement for eligible cost regardless of date Each jurisdiction is required to identify the proposed use of all funds and how they will prepare, prevent, and respond to impacts associated with the coronavirus. In summary, the proposed amendments and recommended use of funding include: As directed by Council at the January 14, 2021 workshop, the CDBG- CV3 funds with be used for the following programs: • $15,000 for the Chelan & Douglas County COVID-19 Food Assistance Program for delivery of food boxes to persons or families required to quarantine or isolate due to the pandemic. • $94,862 for emergency income payments for low- and moderate- income individuals and families who are impacted by COVID-19. • Staff allocated $5,000 for City planning and administrative costs. It should be noted that City is using the Urgent Need National Objective for the food assistance program to prevent, prepare for and respond to the coronavirus pandemic. III. Recommended Action: Motion to approve Resolution 2021-03 and authorize the Mayor to sign the necessary agreements and certifications required by HUD. IV. Exhibits: Resolution 2021-03 with Exhibits A Financial Data: Expenditure Required Amount Budgeted Appropriation Required $189,626 $74,764 $114,862 2/2/2021 City Council Agenda Packet Page 33 of 112 City of East Wenatchee Resolution 2021-03 Page 1 of 4 City of East Wenatchee, Washington Resolution No. 2021-03 A Resolution of the City of East Wenatchee, Washington, adopting Amendment No. 2 to the 2019 Annual Action Plan in accordance with the requirements of the U.S. Department of Housing and Urban Development Regulations at 24 CFR Part 91 to allocate the award of Community Development Block Grant Coronavirus Aid, Relief and Economic Security Act “CDBG-CV3” funds, declaration of Urgent Need, amending Resolutions 2020-16 and 2019-17 and establishing 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. Authority. 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. 2.2. RCW 35A.74 authorizes the City to administer programs to assist low income individuals. 2.3. The U.S. Department of Housing and Urban Development regulations at 24 CFR Part 91 specify the requirements for entitlement communities operating a Community Development Block Grant Program. 3. Recitals. 3.1. On February 29, 2020, the Governor of the State of Washington proclaimed an emergency in all counties in the state due to the outbreak of COVID-9. 3.2. On March 13, 2020, the COVID-19 pandemic was declared a national emergency by the federal government. 3.3. On March 16, 2020, City of East Wenatchee Mayor Crawford issued a proclamation declaring a civil emergency. 3.4. On March 27, 2020 a special source of funding was provided through the Coronavirus Aid, Relief and Economic Security Act (CARES Act). The funds for the CDBG program were given the designation of “CDBG-CV”. The 2/2/2021 City Council Agenda Packet Page 34 of 112 City of East Wenatchee Resolution 2021-03 Page 2 of 4 funding is intended to prevent, prepare for and respond to the coronavirus pandemic. 3.5. On March 31, 2020, HUD provided waivers from 24 CFR Part 91 specific to amendments to CDBG planning documents and citizen participation programs. 3.6. On April 13, 2020, a letter was received from HUD announcing the special allocation of $83,927 in CDBG-CV funding for the City of East Wenatchee. 3.7. On May 19, 2020, following a public hearing, the City Council approved Resolution 2020-16 amending the 2019 Annual Action Plan and Citizen Participation Plan regarding the special allocation of CDBG-CV fund to address coronavirus related impacts. The amendment reallocated $50,000 of 2019 Program Year funds and allocated those funds along with the $83,927 in CDBG-CV funding to establish a Microenterprise grant program – total funding $133,927. The remaining funds from 2019 were allocated for administration and planning ($27,000) and for direct assistance to home buyers ($58,000). 3.8. On September 15, 2020, a letter was received from HUD announcing the special allocation of $114,862 in CDBG-CV3 funding for the City of East Wenatchee 3.9. At a workshop on January 14, 2021, the City Council directed staff to allocate the CDBG-CV3 funds for food assistance programs and emergency income payments for low- and moderate-income individuals and families impacted by COVID-19 to pay rent and utilities. 3.10. On January 21, 2021, a public notice of the second substantial amendment to the 2019 Annual Action Plan to allocate the special award of CDBG-CV3 funding to address coronavirus related impacts and a notice of the February 2, 2021 public hearing was published in the Wenatchee World, the City’s official newspaper, describing the proposed amendments. The notice was published in English and in Spanish. The notice was posted on the City’s webpage on January 25, 2021. 3.11. The City is utilizing the public notice waiver and providing 10 days of prior notification with the legal ad and 7 days with the webpage posting. A minimum of 5 days is required by HUD. Notification of the use of the waiver was provided to HUD on January 21, 2021. 3.12. This Resolution serves as a Declaration for the use of the Urgent Need National Objective for the food assistance program to prevent, prepare for and respond to the coronavirus pandemic. The following findings support the 2/2/2021 City Council Agenda Packet Page 35 of 112 City of East Wenatchee Resolution 2021-03 Page 3 of 4 use of the Urgent Need objective to alleviate the existing condition of food insecurity using the following criteria: 3.12.1. The emergency declarations issued by the City, State, and federal government document that there is a serious and immediate threat to the health and welfare of the community; 3.12.2. The emergency is of recent origin (i.e. Less than 15 months since inception); 3.12.3. The City is unable to fund the activity with existing revenue sources; 3.12.4. There are no other funding sources currently available to fund the activity. 3.13. The second amendment to the 2019 Annual Action Plan funds the following programs: $15,000 for the Chelan & Douglas County COVID-19 Food Assistance Program for delivery of boxes of food to persons or families that are required to quarantine or isolate due to the pandemic; $94,862 for emergency income payments for low- and moderate-income individuals and families who are impacted by COVID-19; and $5,000 for City CDBG-CV3 planning and administrative activities. 3.14. On February 2, 2021, the City Council held a public hearing to receive comments and consider adoption of the proposed amendments. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 4. Purpose. The Second Amendment to the 2019 Annual Action Plan is intended to prepare, prevent, and respond to impacts associated with the coronavirus. 5. Amendment. The City Council hereby APPROVES the proposed amendments to the 2019 Annual Action Plan, which is attached to this Resolution as Exhibit A. 6. Reference to previous resolutions. The City Council amends the documents that were adopted by Resolution 2020-16 (First Amendment) and Resolution 2019-17. 7. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, the other provisions of this Resolution remain valid. 8. Effective date. This Resolution becomes effective immediately upon passage by the City Council. 2/2/2021 City Council Agenda Packet Page 36 of 112 City of East Wenatchee Resolution 2021-03 Page 4 of 4 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2021. The City of East Wenatchee, Washington By _________________________________ Jerrilea A. Crawford, Mayor Attest: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Devin Poulson, City Attorney Filed with the City Clerk: 1-27-2021 Passed by the City Council: 2-2-2021 Effective Date: 2-2-2021 2/2/2021 City Council Agenda Packet Page 37 of 112 City of East Wenatchee Community Development Block Grant Program Substantial Amendment #2 to the 2019 Annual Action Plan Second Special Allocation of CDBG Coronavirus Aid, Relief and Economic Security Act (CARES Act) Funding (CDBG-CV3) Resolution 2021-___ Community Development Department 271 9th Street NE East Wenatchee, WA 98802 Phone (509) 884-5396 Fax (509) 884-6233 E-mail: lbarnett@eastwenatcheewa.gov Exhibit A 2/2/2021 City Council Agenda Packet Page 38 of 112 Amendment #2 - 2019 Annual Action Plan Page | 2 Background: The City of East Wenatchee became an entitlement community under Title 1 of the Housing and Community Development Act of 1974 in 2009. As such, the City receives federal funds annually from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) Program. East Wenatchee’s CDBG program fiscal year is from October 1 through September 30. Community Development & Housing Consolidated Plan. Every five years, the City is required to develop a plan for the use of CDBG funds. The City of East Wenatchee 2015 – 2019 Community Development & Housing Consolidated Plan (Consolidated Plan) is the overall strategic plan for the use of CDBG funds. Annual Action Plans. Each year, the City is required to adopt an annual action plan that describes the projects and programs that will be funded using the CDBG program funds based upon the general goals and objectives in the Consolidated Plan. Amendments. Minor amendments may be made to a Consolidated Plan or Annual Action Plan when the need arises. The process for a substantial” amendment requires a public comment period and a public hearing. A “substantial” amendment to the Consolidated Plan or Annual Action Plan is defined as: ♦ Projects with budgets of $25,000 or more – An increase or decrease of more than 25% of the budgeted amount. ♦ Projects with budgets of less than $25,000 – An increase or decrease of more than 50% of the budgeted amount. ♦ A change in purpose, scope, general location, or intended beneficiaries or the addition of a new project. ♦ A change in the use of funds from one activity to a new project. CDBG Coronavirus Aid, Relief and Economic Security Act (CARES Act) Funding (CDBG-CV & CDBG-CV3) On March 13, 2020, the COVID-19 pandemic was declared a national emergency. A special source of funding was provided through the Coronavirus Aid, Relief and Economic Security Act (CARES Act) passed by Congress. The first round of funds for the CDBG program was identified as “CDBG-CV”. The most recent award was designated CDBG-CV3. These funds are intended to prevent, prepare for and respond to the coronavirus pandemic. CDBG-CV and CDBG CV3 funding are special entitlement allocations and must go through the process of acceptance as a new grant award. HUD is requiring that the process for accepting those funds be through an amendment to the 2019 Annual Action Plan. Both of the amendments are considered “substantial” amendments. To expedite the distribution and use of funding, HUD issued several waivers including:  A reduced public comment period from 30 days to a minimum of 5 days  Suspension of the 15% cap on spending for public services  Allowance of reimbursement(s) for eligible cost regardless of date of expenditure 2/2/2021 City Council Agenda Packet Page 39 of 112 Amendment #2 - 2019 Annual Action Plan Page | 3  The deadline for submittal of the 2020 Community Development & Housing Consolidated Plan and the 2020 Annual Action Plan was extended from August 16, 2020 to August 16, 2021.  The deadline for submittal of the 2019 Consolidated Annual Performance and Evaluation Report (CAPER) was extended from December 31, 2020 to March 31, 2021. Original 2019 Annual Action Plan Projects The 2019 Annual CDBG formula allocation award was $135,695. In the 2019 Annual Action Plan, the City of East Wenatchee obligated the funds to the following projects: • $27,000 for City CDBG planning and administrative activities • $108,695 for the Columbia Valley Housing Association down payment assistance program. Direct assistance for up to 5 households. Substantial Amendment #1 for 2019 Annual Action Plan With the adoption of Resolution 2020-16 on May 19, 2020, the City amended its CDBG 2019 Annual Action Plan in response to a special allocation of $83,927 from the Coronavirus Aid, Relief and Economic Security Act (CARES Act). HUD designated those funds as CDBG-CV. Additionally included in that amendment was the reallocation of $50,000 of unspent 2019 CDBG funds from the down payment assistance program The amended plan included the following projects: • $27,000 for City CDBG planning and administrative activities • $58,695 to the Columbia Valley Housing Association down payment assistance program. Direct assistance for up to 3 households (funding reduced by $50,000). • $133,927 Microenterprise business grants – it is anticipated that up to 26 businesses could be provided with $5,000 grants. This was a new project to prepare, prevent, and respond to impacts associated with the coronavirus. Substantial Amendment #2 for 2019 Annual Action Plan This proposed amendment is in response to a second special allocation of $114,862 from the Coronavirus Aid, Relief and Economic Security Act (CARES Act). This allocation is designated by HUD as CDBG-CV3. Funded projects or programs must be designed to prepare, prevent, and respond to impacts associated with the coronavirus. The following projects are included in this second amendment to the 2019 Annual Action Plan: • $5,000 for City CDBG-CV3 planning and administrative activities • $15,000 for the Chelan & Douglas County COVID-19 Food Assistance Program. This program is administered by Serve Wenatchee, a private non- profit, faith-based organization and the Town Toyota Center. Chelan Douglas Health District, the City of Wenatchee, and the City of East Wenatchee will be participating in this program. Boxes of food are prepared and delivered to persons or families that are required to quarantine or isolate under the following provisions: 2/2/2021 City Council Agenda Packet Page 40 of 112 Amendment #2 - 2019 Annual Action Plan Page | 4 o The individual or family living in the home has tested positive for COVID- 19 or has been directly exposed to someone who has tested positive for COVID-19. o The individual(s) are isolating or quarantining at home to limit exposure of the virus to the community. o The individual(s) do not have secure access to food during the time of isolation and quarantine. o The home address is in East Wenatchee. This program is meeting an Urgent Need in accordance with HUD regulation §570.208(c). The program is meeting a need created by a serious and immediate threat to the health and welfare of the community as a result of the COVID-19 pandemic. Prior funding for the program has expired and other local or state funds are currently inadequate to support the program at a level that will serve the vulnerable members of the community. The allocated amount is based upon the number of boxes provided to East Wenatchee residents during the previous program period. The proposal will split costs between the jurisdictions based upon a proportionate share of the number of boxes delivered each month to the specific jurisdiction. This is an expanded project to prepare, prevent, and respond to impacts associated with the coronavirus. • $94,862 for emergency income payments for rent and utilities. This program provides funds to low- and moderate-income individuals and families who are impacted by COVID-19. The qualifying income limit is 80% of area median income. Funds will be available to pay up to six consecutive months of rental assistance or utility payments. The funds are paid directly to the landlord or the utility company on behalf of the qualifying tenant. This is a new project to prepare, prevent, and respond to impacts associated with the coronavirus. Citizen Participation: It should be noted that the City is utilizing the HUD waiver which permits a reduced public notice and comment period for amendments. On April 3, 2020, City staff contacted local service providers to determine the greatest need they are experiencing as a result of the coronavirus pandemic. On April 13, 2020, an email was received from the Community Action Council requesting funding for emergency rental assistance payments. At a public workshop on April 16, 2020, the City Council directed staff to reprogram $50,000 of unspent funds from the 2019 Program Year to address the COVID-19 pandemic and established their preferred distribution of those funds along with the CDBG-CV special allocation to: microenterprise business grants ($40,000), meal delivery services ($12,000), and emergency income payments for rent and mortgage payments ($81,927). 2/2/2021 City Council Agenda Packet Page 41 of 112 Amendment #2 - 2019 Annual Action Plan Page | 5 On April 30, 2020, the City notified HUD of the intention to utilize the waivers authorized in the March 31, 2020 memo for a reduced public comment period – 5-day minimum notice. On May 8, 2020, a public notice of substantial amendments to the 2019 Annual Action Plan, 2015 Consolidated Plan and Citizen Participation Plan regarding the special allocation of CDBG-CV fund to address coronavirus related impacts and a notice of the May 19, 2020 public hearing was published in the Wenatchee World, the City’s official newspaper, describing the proposed amendments. The notice was published in English and in Spanish. The comment period ended on May 18, 2020. No comments were received regarding the proposed amendments. At a workshop on May 14, 2020, Council discussed the proposed distribution of CDBG- CV funds. After concluding that there was a great unmet need for financial support for small businesses impacted by the pandemic, Council recommended that the funds be reallocated entirely to microenterprise grants. Preliminary results released on May 15, 2020 (351 respondents) from an on-line survey being conducted by Our Valley Our Future/Nuestro Valley Nuestro Futuro, a regional planning organization, indicated that respondents priorities for the use of government funds to assist with local economic recovery efforts should be used for food assistance, housing assistance, and small business loans. On May 19, 2020, the City Council held a public hearing to receive comments and consider adoption of the proposed amendments. No comments were received regarding the proposed amendments. Council approved Amendment #1 with the adoption of Resolutions 2020-16. On January 5, 2021, the City of Wenatchee contacted the Community Development Department with a request to partner with them in providing funding for the Chelan & Douglas County COVID-19 Food Assistance Program in an effort to continue and expand the program. On January 14, 2021, the City Council held a workshop to discuss the potential use of the CDBG-CV3 funds. They recommended using the funds for the Chelan & Douglas County COVID-19 Food Assistance Program and for emergency income payments for rent and utilities. On January 21, 2021, a notification describing the proposed Amendment #2 to the 2019 Annual Action Plan was published in the Wenatchee World providing a 10-day public comment period and Notice of Public Hearing. The notice was published in English and in Spanish. The comment period ended on February 1, 2021. On February 2, 2021, the City Council will hold a public hearing to receive comments and consider adoption of the proposed amendments. 2/2/2021 City Council Agenda Packet Page 42 of 112 Appendix 1 Community Development Block Grant Program 2019 Annual Action Plan Amendment #2 Citizen Participation & Consultation Process 2/2/2021 City Council Agenda Packet Page 43 of 112 01-14-2021 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) 886-6233 City Council Workshop Zoom Meeting East Wenatchee City Hall 271 9th St. NE East Wenatchee, WA 98802 Minutes Thursday, January 14, 2021 In attendance: Mayor Crawford Lori Barnett, Community Development Director Councilmember Sterk Devin Poulson, City Attorney Councilmember Tidd Tom Wachholder, Project Development Mngr. Councilmember Magdoff Mary Beth Phillips, Court Administrator Councilmember Sleiman Trina Elmes, Events Director / PIO Councilmember Johnson Maria Holman, City Clerk Councilmember Hepner 5:30 p.m. Council Workshop. Councilmember Magdoff opened the meeting. 1. Project Development Manager Tom Wachholder presented a conceptual SR 28 & 9th Street NE Intersection Improvements plan that provided the Council an option for a single and dual pedestrian crosswalk and bike lane. Comments provided by all Councilmembers, RH2 Engineer Erik Howe, Regional Bike Advisory Committee (RBAC) Chairman Mark Kacmarcik, and Community Development Director Lori Barnett. There was a consensus by the Council for a single pedestrian crosswalk. No action was taken by the Council. 2. Community Development Director Lori Barnett presented information regarding a second amendment to the 2019 CDBG Annual Action Plan to identify projects for use of the CDBG-CV3 grant award. Staff proposed the two projects and requested the Council’s direction to proceed. 1.) The Chelan & Douglas County COVID-19 Food Assistance Program operated from September through December. Staff proposed that $15,000 in funds be allocated for the Chelan & Douglas County COVID-19 Food Assistance Program to continue the program as the program is ending. 2.) Staff proposed that the remainder of the funds - 1/19/2021 City Council Agenda Packet Page 147 of 395 2/2/2021 City Council Agenda Packet Page 44 of 112 01-14-2021 Council Workshop Minutes Page 2 of 2 $99,862 - be allocated for income payments (rent and utilities). If that turns out to be too much for that program, amend the plan again at a later time. Comments provided by Councilmember Magdoff, Councilmember Tidd, Mayor Crawford, General Manager of the Town Toyota Center Mark Miller, Councilmember Sleiman, and Councilmember Hepner. There was a consensus by the council to support the proposed programs. No action was taken by the Council. 3. Mayor Crawford asked the Council what topics they want to have placed on 2021 Workshop Agendas? Second, the Mayor asked the Council if they were interested in adding feral cats to a 2021 Workshop? And possibly requiring licensing of cats? The Council did not ask to move cat licensing forward. Councilmember Tidd asked to have annexation, future city events, and also said that the Wenatchee Valley is the hub for technologies and we need to look at bringing technology business into our community. Councilmember Hepner would like to add the topic of the Riverfront property. Councilmember Sleiman would like to have outdoor recreation as a topic. Community Development Director Lori Barnett said we need to link up with organizations in our community and bring them to our meetings and educate the Council on what others are already doing. Councilmember Hepner asked to discuss electric vehicle charging stations and having stations in East Wenatchee. 4. Councilmember Hepner spoke about the Retail Academy training that he participated in and shared what he learned. Comments provided by Councilmember Tidd, and Councilmember Sleiman. Adjournment. With no further business, the meeting adjourned at 6:46 p.m. ____________________________ Attest: Jerrilea Crawford, Mayor _______________________________ Maria E. Holman, City Clerk 1/19/2021 City Council Agenda Packet Page 148 of 395 2/2/2021 City Council Agenda Packet Page 45 of 112 2/2/2021 City Council Agenda Packet Page 46 of 112 2/2/2021 City Council Agenda Packet Page 47 of 112 / Tools RSS Notify Me® View Archived Categories All Categories Home Events Community Development Public Works City Clerk Community Development Posted on: January 25, 2021 Notice of Public Hearing - 2019 CDBG Amendment The City is amending its CDBG 2019 Annual Action Plan for the second time in response to an additional allocation of $114,862 from the Coronavirus Aid, Relief and Economic Security Act (CDBG-CV3). The City will be allocating the funds for projects to prepare, prevent, and respond to impacts associated with the coronavirus. $15,000 to the Chelan & Douglas County COVID-19 Food Assistance Program, $5,000 for administration and planning, and $94,862 for emergency income payments for rent and utility payments. There is a 7-day public comment period, ending on February 1, 2021, and the East Wenatchee City Council will conduct a public hearing to consider final adoption of the amendment during the February 2, 2021 City Council Meeting. Due to the COVID-19 pandemic and the Governor’s orders, Council meetings and hearings are held remotely, including remote submission of public comments. The City encourages all persons to participate in the public hearing and provide written or oral comments for consideration by the Council. Written comments must be submitted by emailing the Community Development Department, via fax (509) 884-6233, or mailed to: City of East Wenatchee Community Development Department 271 9th Street NE East Wenatchee, WA 98802 Links for more information: 2019 CDBG Annual Action Plan Amendment 2 (1-15-2021) February 2, 2021 City Council Meeting It is the City’s policy to provide reasonable accommodations to persons with disabilities. Please contact the City Clerk, (509) 884-9515, at least 3 working days in advance of the meeting, if you need any language, hearing or other accommodations. Citizens with hearing impairment may call the TDD line at 800-833-6388. "A great place to land!" 2/2/2021 City Council Agenda Packet Page 48 of 112 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Public hearing regarding waiver of McGee St. SE street improvements for the Wenatchee Kennel Club Dog Sports Training Center at 200 1st St. SE. Date: February 2, 2021 I. Summary Title: Public hearing regarding the Wenatchee Kennel Club request to waive the required public street improvements for McGee St. SE associated with their training facility at 200 1st St. SE. II. Background/History: In accordance with the provisions of chapter 15.48 EWMC, the Applicant is required to widen the road and install curb, gutter, stormwater management facilities, a sidewalk, and a 5- foot landscape strip along the street frontage. On February 13, 2018, Council approved a deferral of the 1st St. SE frontage improvements. A concomitant agreement was recorded guaranteeing that the property owner would pay their fair share of the improvements if 1st Street SE is improved by the City within 15 years. When it is unlikely that the City would improve the street within a 15- year period, a waiver is appropriate. The Wenatchee Kennel Club is requesting that the City Council waive the public improvement requirements for the McGee St. SE frontage. Prior to acting on the waiver, the Council must hold a public hearing. III. Recommended Action: Hold the public hearing to obtain comments regarding the proposed waiver of required improvements on McGee St. SE for the Wenatchee Kennel Club. IV. Exhibits: Affidavit Notice of Public Hearing, Wenatchee World, 1/21/2021 Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $ 0 $ 0 2/2/2021 City Council Agenda Packet Page 49 of 112 2/2/2021 City Council Agenda Packet Page 50 of 112 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Waiver of McGee St. SE street improvements for the Wenatchee Kennel Club Dog Sports Training Center at 200 1st St. SE. Date: February 2, 2021 I. Summary Title: Consideration of a request by the Wenatchee Kennel Club to waive the design and installation of required public street improvements for McGee St. SE associated with Building Permit #2342 issued on September 27, 2018. II. Background/History: The Wenatchee Kennel Club built their new dog training facility at 200 1st St. SE. See Exhibit 1 for a Vicinity Map. The site has frontage on 1st St. SE and McGee St. SE. Lawn and an on-site stormwater pond abut the McGee St. SE frontage. On February 13, 2018, Council approved a deferral of the 1st St. SE frontage improvements. A concomitant agreement was recorded guaranteeing that the property owner would pay their fair share of the improvements if 1st Street SE is improved by the City within 15 years. At that time, it was noted in the Agenda Bill that no improvements on McGee St. SE would be required since they were not proposing access to that street. However, EWMC 15.48.160 requires the processing of a deferment or waiver for any streets that abut the property. A waiver for McGee St. SE should have been processed at the same time as the deferral for 1st St. SE. 15.48.160 Property abutting multiple rights-of-way. If the subject premises abuts two or more rights-of-way, then applications for modifications, deferments or waivers must be considered separately for each abutted right-of-way. If the subject property is a corner lot, the highest level of improvement required must be constructed around the angle formed by the intersecting streets. McGee St. SE is a short (750 feet in length), narrow east-west street, classified as local access. The street is paved with no curbs, gutters, or sidewalks within a right of way that varies from 40 to 50 feet in width. The street width varies from 22 feet to 32 feet. The street serves as the primary access for 5 dwelling units and 2 commercial buildings. Total average daily trips for the street is less than 200. The right of way and improvement level of the street is considered 2/2/2021 City Council Agenda Packet Page 51 of 112 substandard for a local access street. Photos of the property and vicinity are attached as Exhibit 2. Based upon the Comprehensive Street Standards, the Applicant is required to widen the roadway and install curb, gutter, storm water management facilities, and a sidewalk. In addition, EWMC 15.48.020 requires that all streets in a commercial zoning district be improved with a minimum 5-foot landscape strip on each side of the street. 15.48.020 Right-of-way designation map adopted. That certain map entitled “Functional Classification Map,” Figure 8.0 in the Greater East Wenatchee area comprehensive plan, is adopted and incorporated herein as if set forth in full. The functional classification map shall be available for inspection at the clerk’s office at City Hall during regular City Hall business hours. When any building permit application is granted for the improvement of property abutting any right-of-way designated on the functional classification map and as described in Chapter 12.51 EWMC, and the right-of-way abutted is unimproved or partially improved, the city engineer will identify the appropriate improvements to be made to the right-of-way in accordance with the standards and requirements of the comprehensive street standards, Chapters 12.50 through 12.60 EWMC, and any amendments. The specific right-of-way improvements to be made for the designated right-of-way are generally depicted in Figures 3-7a through 3-8 in Chapter 12.60 EWMC, Figures. All streets in a commercial zoning district require a minimum five- foot landscape strip on each side of the street.(Emphasis added.) When it is unlikely that the City would improve the street within a 15- year period, a waiver is appropriate. 15.48.150 Waiver – Criteria. The city council may waive the implementation of the required improvements if the city council determines that the current level and extent of the improvements in the right-of-way adjacent to the subject property are not likely to be changed in the next 15 years. In accordance with the provisions of chapter 15.48 EWMC, the WKC is requesting that the City Council waive the public improvement requirements for the McGee St. SE frontage including the provision of a 5-foot landscaping strip. III. Recommended Action: Motion to approve the waiver of required improvements on McGee St. SE for the Wenatchee Kennel Club. IV. Exhibits: 1. Vicinity Map 2. Photos of the subject property and vicinity Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $ 0 $ 0 2/2/2021 City Council Agenda Packet Page 52 of 112 S R 2 8S R 2 8 S i m o n S t S i m o n S t 1 s t S t S E 1 s t S t S ER o c k I s l a n d R dR o c k I s l a n d R d 2 n d S t S E 2 n d S t S ER i v e r v i e w D rR i v e r v i e w D r M c G e e S t S E M c G e e S t S E S D e a n A v eS D e a n A v e F 0 60 12030 Feet City of East Wenatchee This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.1/13/2021 Wenatchee Kennel Club200 1st St. SEVicinity MapExhibit 1 WKC Facility 2/2/2021 City Council Agenda Packet Page 53 of 112 Looking East along McGee St. SE frontage Stormwater pond – SW corner of site – looking North View of McGee St. SE looking East Exhibit 2Site and Vicinity Photos2/2/2021 City Council Agenda Packet Page 54 of 112 Front of building facing 1st St. SE Driveway entrance on 1st St. SE – Building to the right View of 1st St. SE looking East 2/2/2021 City Council Agenda Packet Page 55 of 112 1 of 5 Date: January 27, 2021 To: Mayor Crawford and City Council From: Tom Wachholder, Project Development Manager Subject: 2020 Year-End Public Works Report ______________________________________________________________________ In 2020, four City of East Wenatchee (City) capital projects were completed in addition to several stormwater related maintenance projects. These projects include the Highline Drive and 3rd Street SE Roundabout Project, Transportation Benefit District funded residential street overlay, stormwater improvement project along 4th Street SE, and the Transportation Improvement Board (TIB) Complete Streets Project . Five City capital projects were in the design phase: 10th St NE Improvements, 19th St Regional Stormwater Facility, 5th Street Safe Routes to School Projects (Kenroy and Sterling), and the City Hall Campus Improvements Project. In addition, progress was made on updating the City’s Stormwater Comprehensive Plan. Lastly, an update to the City’s pavement management program was initiated. Table 1. Budget Summary of 2020 Completed Capital Projects Project Budget Actual Delta Highline/3rd St Roundabout $905,421.00 $872,012.81 $33,408.19 TBD* Overlay $375,000.00 $152,180.82 $222,819.18 4th St Storm Project $266,205.00 $263,828.76 $2,376.24 TIB Complete Streets $492,533.00 $486,986.02 $5,566.98 *TBD = Transportation Benefit District 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 2/2/2021 City Council Agenda Packet Page 56 of 112 2 of 5 2021 PUBLIC WORKS DEPARTMENT PROJECTS 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 was initially a 5-year loan and was later converted to a 20-year loan with an interest rate of 1.56%. 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 scheduled for 2021; and - Project is in the final WSDOT review process. 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. 2/2/2021 City Council Agenda Packet Page 57 of 112 3 of 5 Status: Design Phase - Received direction from Ecology to move forward with a more in-depth cultural resources survey; and - Cultural resource subconsultant conducted a partial survey before winter weather set in. The cultural resource survey will be finalized late winter/early spring. 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. Status: 75% Complete - M2 Consulting, PLLC is under contract to develop a City Pavement Management Program. Stormwater Utility Projects - Finalize Stormwater Comprehensive Plan Update; - Update stormwater related municipal code; and - Routine maintenance 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. 2/2/2021 City Council Agenda Packet Page 58 of 112 4 of 5 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 - Now that a preferred SR 28 crosswalk concept is established, next steps include moving forward with the community outreach phase. 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 - KPG is working toward finalizing a 30% design for each project; and - Geotechnical and archeological work is scheduled for March 2021 . 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). ARC Architects (ARC) were selected for designing Phase 1. 2/2/2021 City Council Agenda Packet Page 59 of 112 5 of 5 Status: Design Phase - Design Development is 50% complete; and - A preliminary cost estimate will be finalized within the next few weeks . 2/2/2021 City Council Agenda Packet Page 60 of 112 CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL To: City Council and Mayor Crawford From: City Attorney Devin Poulson Date: Wednesday, January 27, 2021 Subject: Policy encouraging employee to voluntarily vaccinate Summary Title: Resolution No. 2021- 01. A Resolution of th e City of East Wenatchee, Washington establishing a policy that awards an employee who r eceives a COVID-19 vaccination an additional 4 hours of vacation leave. Background/History: Employers have the legal right to require that workers get the Covid-19 vaccine with some exceptions. However, the City understands that the decision to receive the Covid-19 vaccination is a p ersonal choice. The City desires t o have a 70 % - 100% vaccinati on rate amongst its employees to protect the public, employees, and employee’s family health and welfare. Another objective is to increase vaccine participation and boost vaccine rates in our City and community. The City has a long history of promoting healthy behaviors including exercise, tobacco cessation, healthy-eating and influenza vaccines. Encouraging an employee to voluntarily receive the Covid-19 vaccine will help employees who are neutral or positive about vaccinations to vaccinate and allow our community to reach “herd immunity”. Herd immunity is achieved when large percentages of a population become immune to a disease and therefore indirectly protect those who do not have immunity. In turn, allowing a safe return to the workplace, opening businesses, and drive economic recovery sooner. Recommended Action: Motion to approve the Resolution as presented. Exhibits: None. Financial Data: Expenditure Required Amount Budgeted Appropriation Required $8,000.00 $ 0 $ 0 2/2/2021 City Council Agenda Packet Page 61 of 112 City of East Wenatchee Resolution 2021-02 Page 1 of 2 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) City of East Wenatchee, Washington Resolution No. 2021-02 A Resolution of the City of East Wenatchee, Washington establishing a policy that awards an employee who receives a COVID-19 vaccination an additional 4 hours of vacation leave. 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. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Voluntary Vaccination Incentive. An employee will accrue 4 hours of vacation leave by exercising one of the following options: 3.1. Presenting a vaccination record to the HR Generalist that shows that the employee has received all required doses of a COVID-19 vaccination. 3.2. Presenting the HR Generalist with information that the employee has a sincerely held religious belief, practice, or observance that prevents the employee from receiving a COVID-19 vaccination. 3.3. Presenting the HR Generalist with a signed statement from a medical provider that states that the employee has a medical reason that prevents the employee from receiving a COVID-19 vaccination. 2/2/2021 City Council Agenda Packet Page 62 of 112 City of East Wenatchee Resolution 2021-02 Page 2 of 2 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 4. Use of accrued hours. To use the hours of vacation leave granted by this policy, an employee must use the same procedures to request time off that are outlined in the City’s Manual of Personnel Policies and Procedures or are outlined in the applicable collective bargaining agreements. 5. 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. 6. Effective date. This Resolution becomes effective immediately. 7. Termination date. This Resolution terminates on December 31, 2021. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2021. The City of East Wenatchee, Washington By _________________________________ Jerrilea A. 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: __________ 2/2/2021 City Council Agenda Packet Page 63 of 112 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor Crawford and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Regional Collaboration Agreement Among Wenatchee, East Wenatchee, Chelan Douglas Health District and Serve Wenatchee Valley for the Emergency Food Assistance Program (EFAP) using Community Development Block Grant-Coronavirus funds Date: February 2, 2021 I. Summary Title: Community Development Block Grant-Coronavirus (CDBG-CV3) Food Security Program - Regional Collaboration Agreement Among City of Wenatchee, City of East Wenatchee, Chelan Douglas Health District, and Serve Wenatchee Valley for the Emergency Food Assistance Program (EFAP). II. Background/History: On September 15, 2020, we were notified of a second round of CDBG-CV funding for East Wenatchee in the amount of $114,862 designated as “CDBG-CV3”. To accept the funds, it is necessary to amend the CDBG 2019 Annual Action Plan a second time. That amendment is the subject of Resolution 2021-03. One of the projects to be funded is the Emergency Food Assistance Program for delivery of food boxes to persons or families required to quarantine or isolate due to the pandemic. Serve Wenatchee Valley processes the applications and the Town Toyota Center purchases and sorts the food, fills the boxes and delivers them to the recipients. The City will be billed for boxes delivered to City residents. The total allocated for that program is $15,000. Wenatchee has taken the lead in organizing this program and drafting the agreements that are necessary. Two agreements are required for this program. The first agreement, and the subject of this Agenda Bill, will be with Serve Wenatchee Valley and the second agreement will be with the Town Toyota Center. It should be noted that the agreement that is attached to this Agenda Bill may change slightly as the legal counsel for the entities finalize the wording. However, the performance measures and general program will not change. Time is of the essence for this program since prior funding has been exhausted and the program will end on January 31, 2021. The 2/2/2021 City Council Agenda Packet Page 64 of 112 approval of the agreements will ensure continuity of the service. III. Recommended Action: Approve the Mayor to sign the Regional Collaboration Agreement for the Emergency Food Assistance Program (EFAP) with Serve Wenatchee Valley and other participating jurisdictions. IV. Exhibits: Community Development Block Grant-Coronavirus (CDBG-CV3) Food Security Program - Regional Collaboration Agreement Among City of Wenatchee, City of East Wenatchee, Chelan Douglas Health District, and Serve Wenatchee Valley for the Emergency Food Assistance Program (EFAP). Financial Data: Expenditure Required Amount Budgeted Appropriation Required $15,000 $0 $15,000 2/2/2021 City Council Agenda Packet Page 65 of 112 COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS (CDBG-CV) FOOD SECURITY PROGRAM REGIONAL COLLABORATION AGREEMENT AMONG City of Wenatchee AND City of East Wenatchee AND Chelan Douglas Health District AND Serve Wenatchee Valley FOR THE EMERGENCY FOOD ASSISTANCE PROGRAM (EFAP) THIS AGREEMENT, entered this 3rd day of February, 2021 by and among the City of Wenatchee (herein called “the Lead”), City of East Wenatchee (herein called “the City”), Chelan Douglas Health District (herein called “CDHD”) (sometimes collectively referred to as “the Funders”), and Serve Wenatchee Valley (herein called “Subrecipient”); sometimes collectively referred to as “the Parties”. WHEREAS, the Lead and the City have applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Funders are recipients of special allocation funding in order to prevent, prepare for and respond to the Coronavirus (COVID-19) under the authorization of the Coronavirus Aid, Relieve and Economic Security Act (CARES Act), Public Law 116 -136; and WHEREAS, in this Agreement, the Funders are providing reimbursement to the Subrecipient for coordinating the provision and delivery of products for the EFAP; and WHEREAS, the Parties wish to collaborate for the services of the Subrecipient to effectively and efficiently provide food boxes to residents in Chelan and Douglas counties eligible for the EFAP ; and WHEREAS, a separate Agreement is in place between the Funders identifying terms for the services of the Town Toyota Center to coordinate provision and delivery to households eligible f or EFAP clients; NOW, THEREFORE, it is agreed between the Parties hereto that; I. SCOPE OF SERVICE A. Activities 2/2/2021 City Council Agenda Packet Page 66 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 2 - The Subrecipient will be responsible for completing the following activities in compliance with all applicable Federal, State and local rules and regulations governing these funds, and in a manner satisfactory to the Funders and eligible under the Community Development Block Grant – Coronavirus (CDBG-CV) program, Program Delivery The focus of this Agreement is to utilize available resources of the Subrecipient to address the Urgent Need related to food security for households located in Chelan and Douglas counties affected by a positive COVID-19 test and needing to quarantine. As the program supports all households in Chelan and Douglas counties, the proportion of funding provided to the Subrecipient by the Funders will be a direct correlation to the quantity of boxes delivered to households in each respective service area. On behalf of the Parties, tasks to be performed by the Subrecipient include: 1. Contact medical providers and community organization and outreach through re gionally connected networks to inform the residents of Chelan and Douglas county of the EFAP 2. Promote the EFAP through no -cost channels including, but not limited to, newsprint, PSA radio announcements and social media outlets 3. Recommend to the Funders any paid advertising opportunities to increase awareness 4. Manage and monitor a referral system usable by medical provides and potentially eligible individuals 5. Assess referrals for level of need and communicate client and location details to the Town Toyota Center for delivery within 48 hours including, but not limited to: a. Client name and contact information b. Household size, age of residents and relation to head of household c. Physical address of residence (no PO Box) 6. Verify client eligibility based on the requiremen ts to meet EACH of the following: a. A household member has tested positive or been in direct contact with someone who has received a positive COVID-19 test; and b. The household is quarantining at the residence to limit exposure to the community; and c. The household does not have secure access to food during the quarantine; and d. The household is physically located in Chelan or Douglas county 7. Support the Town Toyota Center in maintaining adequate inventory for at least 425 boxes General Administration Establish and maintain administrative, financial, reporting, and record keeping systems consistent with the requirements of the federal Community Development Block Grant program. These activities generally consist of the following elements: 1. Establish adequate financ ial and record keeping systems for the project. 2. Comply with applicable civil rights requirements. 3. Maintain written procurement procedures. 4. Submit payment requests and supporting documentation to the appropriate funding entity. 5. Maintain service/delivery rec ords. 6. Resolve all monitoring issues , if identified. 7. Submit CDBG Performance Reports, when requested. B. National Objectives 2/2/2021 City Council Agenda Packet Page 67 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 3 - All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low - and moderate-income pers ons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: meet an Urgent Need. C. Levels of Accomplishment – Goals and Performance Measures The Subrecipient agrees to maintain adequate resources for coordinating 425 food box deliveries. Activity Units per Month Total Units/Year Coordinate Food Box Program N/A 425 The unit of measurement is the number of boxes available for distribution to eligible households. D. Staffing The Subreceipient shall commit to the following staffing for the CDBG 2020 Program Year: • Serve Wenatchee Valley 8:00 AM – 5:00 PM ~ 7 Days/week • Available staff to send client referrals to the Town Toyota Center by 3:00 pm daily Any procurement of professional service contracts shall meet the requirements of federal, state, and local laws, and this contract. E. Performance Monitoring The Funders will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance determined by the Funders , will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on the 3rd day of February, 2021 and end on the 30th day of April, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Operating the EFAP is a $2,000.00/month expense for the Subrecipient. In order to receive, document and communicate referrals to respond to food security needs in a timely man ner, the Funders are committed to proportionally supporting this cost. Included on the invoices provided by the Subrecipient shall be the following budget line items: Line Item Amount: Staffing ~ personnel providing direct program support N/A MONTHLY TOTAL $2,000.00/month TOTAL AGREEMENT $6,000.00 2/2/2021 City Council Agenda Packet Page 68 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 4 - There are no indirect costs expected to be included in billing. If applicable, any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this Agreement. In addition, the Funders may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Funders . Any amendments to the budget must be approved in writing by the Parties . IV. PAYMENT It is expressly agreed and understood that the total monthly amount to be paid to the Subrecipient under this Agreement shall not exceed $2,000.00 per month for an Agreement total of $6,000.00. The Subrecipient will provide a weekly report to the Funders identifying the following: • Number of program participants • Household size • Quantity of food provided • Number of boxes delivered in total • Proportion of boxes delivered for each Funder’s service area The percentage of requests each entity had within their service area of the total delivered boxes will equal the portion they are responsible for covering of the $2 ,000.00 monthly direct operating expense; cumulative total for each month is n ot to exceed a total $6,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. If applicable, expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21. V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: The City of Wenatchee The City of East Wenatchee Brooklyn Holton Lori Barnett, Community Development Director P.O. Box 519 271 – 9th Street NE Wenatchee, WA 98807 East Wenatchee, WA 98802 (509) 888-3258 509-884-5396 Email: bholton@wenatcheewa.gov Email: lbarnett@eastwenatcheewa.gov 2/2/2021 City Council Agenda Packet Page 69 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 5 - The Town Toyota Center Serve Wenatchee Valley Mark Miller, General Manager Thom Nees, Executive Director 1300 Walla Wall Str eet 12 Orondo Avenue Wenatchee, WA 98801 Wenatchee, WA 98801 (509) 888-7330 509-663-4673 Email: mmiller@towntoyotacenter.com Email: thom@servewenatchee.org The Chelan Douglas Health District Emelia Gutzwiler, Ehs li 200 Valley Mall Parkway East Wenatchee, WA 98802 (509) 886-6400 Imt.lofr@cdhd.wa.gov VI. SPECIAL CONDITIONS None VII. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the Funders’ environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the Funders’ responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. “Independent Contractor” Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the service s to be performed under this Agreement. The Funders shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Funders from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers’ Compensation 2/2/2021 City Council Agenda Packet Page 70 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 6 - The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Funders. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Funder Recognition The Subrecipient shall insure recognition of the role of the Funders in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The Funders or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by each governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Subrecipient from obligations under this Agreement. The Funders may, in their discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by all Parties . H. Suspension or Termination In accordance with 24 CFR 85.43, the Funders may suspend or terminate this Agreement if t he Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive or ders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Funders , reports that are incorrect or incomplete in any material respect. 2/2/2021 City Council Agenda Packet Page 71 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 7 - In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by any Party, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Funders will determine if any respective remaining portion of their funding will not accomplish the purpose for which the award was made, the Funders may terminate their respective award in its entirety. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrec ipient agrees to comply with 24 CFR 84.21−28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A- 122, “Cost Principles for Non-Profit Organizations,” or A-21, “Cost Principles for Educational Institutions,” as applicable. These principles shall be applied for all costs incurr ed whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with th e fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21 −28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the annual performance and 2/2/2021 City Council Agenda Packet Page 72 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 8 - evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and tha t have started before the expiration of the four -year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four - year period, whichever occurs later. 3. Client Data The Subrecipient shall maintain client data demonstrating services provided were supported by confirmed eligibility. Such data shall include, but not be limited to, client name, address, income level (if available) or other basis used to determine eligibility, and description of service provided. Such information shall be made a vailable to Monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of CDBG program responsibilities with respect to services provided under this contract, is prohibited by the Public Records Act as set forth in Chapter 42.56 RCW unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Subrecipient’s obligation shall not end until all close-out requirements are completed. Activities dur ing this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections All Subrecipient’s records with respect to any matters covered by this Agreement shall be made available to the Funders , grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current policy concerning audits and OMB Circular A-133. C. Reporting and Payment Procedures 1. Program Income 2/2/2021 City Council Agenda Packet Page 73 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 9 - The Subrecipient shall report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds mad e available under this Agreement. All program income shall be returned at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly. 2. Indirect Costs Indirect costs are not an eligible expense. 3. Payment Procedures The Subrecipient will receive payment by the appropriate Funders under this Agreement based upon information submitted by the Subrecipient and consistent with the approved budget proportion percentages and policy concerning payments. Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. The Funders reserve the right to liquidate funds available under this contract for costs incurred by the respective Funder on behalf of the Subrecipient. 4. Progress Reports The Subrecipient shall submit monthly invoices accompanied by supporting documents including program details and budgetary information as identified in IA-Program delivery and III – Budget. D. Procurement 1. Compliance The Subrecipient shall comply with current policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the appropriate Funder upon termination of this Agreement. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 −48. 3. Travel The Subrecipient shall obtain written approval from the Funders for any travel outside of Chelan or Douglas counties with funds provided under this Agreement. E. Use and Reversion of Assets 2/2/2021 City Council Agenda Packet Page 74 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 10 - The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the respective Parties any CDBG funds on hand and any accounts receivable attributable to the us e of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the appropriate Funder(s) an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to , the property. Such payment shall constitute program income. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten -year period. 3. In all cases in which equipment acquired, in whole or in p art, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the appropriate Funder(s) for the CDBG program or (b) retained after compensating the appropriate Funder(s) [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. I X. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Tit le VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination The Subrecipient agrees to comply with the non -discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non -discrimination provisions in Section 109 of the HCDA are still applicable. 2/2/2021 City Council Agenda Packet Page 75 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 11 - 3. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any impro vements erected or to be erected thereon, providing that the Funders and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to t ake such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Funders shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Funders’ specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Funders shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirm ative Action Program for approval prior to the award of funds. 2. Women- and Minority-Owned Businesses (W/MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the m aximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its 2/2/2021 City Council Agenda Packet Page 76 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 12 - books, records and accounts by the Funders , HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of worke rs with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employee s placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comp ly with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Funders for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal 2/2/2021 City Council Agenda Packet Page 77 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 13 - requirements adopted by the Funders pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecip ient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Funders , the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Funders , the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees th at no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under th is Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low - and very low -income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low - and very low -income persons residing in the metropolitan area in which the project is located.” The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low - and very low -income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low - and very low -income persons within the service area of the project or the neighborhood in which the project is located, and to low - and very low -income participants in other HUD programs; and award contracts for work undertaken in connection with a housing 2/2/2021 City Council Agenda Packet Page 78 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 14 - rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business co ncerns that provide economic opportunities for low - and very low -income persons residing within the metropolitan area in which the CDBG -funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low - and very low -income residents within the service area or the neighborhood in which the project is located, and to low - and very low -income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contra ct or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the granto r agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Funders thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Funders under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or trans fer shall be furnished promptly to the Funders . 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Funders prior to the execution of such agreement. b. Monitoring 2/2/2021 City Council Agenda Packet Page 79 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 15 - The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented ev idence of follow -up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Subrecipient shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Ex ecuted copies of all subcontracts shall be forwarded to the Funders along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not lim ited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons w ho exercise or have exercised any functions or responsibilities with respect to CDBG -assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during 2/2/2021 City Council Agenda Packet Page 80 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 16 - their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Funders , the Subrecipient, or any designated public agency. 5. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This c ertification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this contract results in any copyrightable material or in ventions, the Funders and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Ac tivities 2/2/2021 City Council Agenda Packet Page 81 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 17 - The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS The Subrecipient agrees to comply with the following requirements insofar as they may apply to any performance at any time of this Agreement. A. Air and Water - Clean Air Act, 42 U.S.C. , 7401, et seq.; - Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activ ities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisit ion or construction purposes (including rehabilitation). C. Lead-Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such proper ties may include lead-based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal fund s applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. 2/2/2021 City Council Agenda Packet Page 82 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 18 - In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI . SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XI I. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XI I I. WAIVER Failure of the Parties to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Parties to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 2/2/2021 City Council Agenda Packet Page 83 of 112 Sub Recipient Agreement: Commu nity Action Council – Literacy Council Program CDBG PY2017 - 19 - XIV. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Funders and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Funders and the Subrecipient with respect to this Agreement. Date IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF WENATCHEE CITY OF EAST WENATCHEE By: _____________________________________ By: ___________________________________ Frank Kuntz, MAYOR Jerrilea Crawford, MAYOR Attest: ___________________________________ Name: ________________________________ CITY CLERK First Name, POSITION CHELAN DOUGLAS HEALTH DISTRICT By: _____________________________________ First and Last, POSITION Attest: ___________________________________ POSITION SUBRECIPIENT – SERVE WENATCHEE VALLEY SIGNATURE: FIRST/LAST NAME: POSITION: TAX ID: 2/2/2021 City Council Agenda Packet Page 84 of 112 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor Crawford and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Regional Collaboration Agreement Among Wenatchee, East Wenatchee, Chelan Douglas Health District and Town Toyota Center for the Emergency Food Assistance Program (EFAP) using Community Development Block Grant-Coronavirus funds Date: February 2, 2021 I. Summary Title: Community Development Block Grant-Coronavirus (CDBG-CV3) Food Security Program - Regional Collaboration Agreement Among City of Wenatchee, City of East Wenatchee, Chelan Douglas Health District, and Town Toyota Center for the Emergency Food Assistance Program (EFAP). II. Background/History: This Agenda Bill relates to the Emergency Food Assistance Program for delivery of food boxes to persons or families required to quarantine or isolate due to the pandemic. This Agenda Bill is for the second agreement which is with the Town Toyota Center. Again, it should be noted that the agreement attached to this Agenda Bill may change slightly as the legal counsel for the entities finalize the wording. However, the performance measures and general program will not change. III. Recommended Action: Approve the Mayor to sign the Regional Collaboration Agreement for the Emergency Food Assistance Program (EFAP) with the Town Toyota Center and other participating jurisdictions. IV. Exhibits: Community Development Block Grant-Coronavirus (CDBG-CV3) Food Security Program - Regional Collaboration Agreement Among City of Wenatchee, City of East Wenatchee, Chelan Douglas Health District, and Serve Wenatchee Valley for the Emergency Food Assistance Program (EFAP). Financial Data: Expenditure Required Amount Budgeted Appropriation Required $15,000 $0 $15,000 2/2/2021 City Council Agenda Packet Page 85 of 112 COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS (CDBG-CV) FOOD SECURITY PROGRAM REGIONAL COLLABORATION AGREEMENT AMONG City of Wenatchee AND City of East Wenatchee AND Chelan Douglas Health District AND Town Toyota Center FOR THE EMERGENCY FOOD ASS ISTANCE PROGRAM (EFAP) THIS AGREEMENT, entered this 3rd day of February, 2021 by and among the City of Wenatchee (herein called “the Lead”), City of East Wenatchee (herein called “the City”), Chelan Douglas Health District (herein called “CDHD”) (sometimes collectively referred to as “the Funders”), and Town Toyota Center (herein called “Subrecipient”); sometimes collectively referred to as “the Parties”. WHEREAS, the Lead and the City have applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Funders are recipients of special allocation funding in order to prevent, prepare for and respond to the Coronavirus (COVID-19) under the authorization of the Coronavirus Aid, Relieve and Economic Security Act (CARES Act), Public Law 116 -136; and WHEREAS, in this Agreement, the Funders are providing reimbursement to the Subrecipient for coordinating the provision and delivery of products for the EFAP; and WHEREAS, the Parties wish to collaborate for the services of the Subrecipient to effectively and efficiently provide food boxes to residents in Chelan and Douglas counties eligible for the EFAP ; and WHEREAS, a separate Agreement is in place between the Funders identifying terms for the services of Serve Wenatchee Valley (SWV) to manage outreach, referrals and eligibility for EFAP clients; NOW, THEREFORE, it is agreed between the Parties hereto that; I. SCOPE OF SERVICE A. Ac tivities 2/2/2021 City Council Agenda Packet Page 86 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 2 - The Subrecipient will be responsible for completing the following activities in compliance with all applicable Federal, State and local rules and regulations governing these funds, and in a manner satisfactory to the Funders and eligible under the Community Development Block Grant – Coronavirus (CDBG-CV) program, Program Delivery The focus of this Agreement is to utilize available resources of the Subrecipient to address the Urgent Need related to food security for households located in Chelan and Douglas counties affected by a positive COVID-19 test and needing to quarantine. As the program supports all households in Chelan and Douglas counties, the proportion of funding provided to the Subrecipient by the Funders will be a direct correlation to the quantity of boxes delivered to households in each respective service area. On behalf of the Parties, tasks to be performed by the Subrecipient include: 1. Maintain adequate food inventory to fill all requests within 48 hours 2. Deliver boxes to each household within 48-hours of receipt of request from SWV 3. Document assistance information including: a. Cost of direct program operations b. Content included in boxes c. Number of total boxes delivered d. Confirmation of boxes delivered to residents in the respective jurisdictions i. City of Wenatchee ii. City of East Wenatchee iii. Chelan County iv. Douglas County General Administration Establish and maintain administrative, financial, reporting, and record keeping systems consistent with the requirements of the federal Community Development Block Grant program. These activities generally consist of the following elements: 1. Establish adequate financial and record keeping systems for the project. 2. Comply with applicable civil rights requirements. 3. Maintain written procurement procedures . 4. Submit payment requests and supporting documentation to the appropriate funding entity. 5. Maintain service/delivery records. 6. Resolve all monitoring issues , if identified. 7. Submit CDBG Performance Reports, when requested. B. National Objectives All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low - and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: meet an Urgent Need. C. Levels of Accomplishment – Goals and Performance Measures 2/2/2021 City Council Agenda Packet Page 87 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 3 - The Subrecipient agr ees to maintain adequate resources for coordinating 425 food box deliveries. Activity Units per Month Total Units/Year Coordinate Food Box Program N/A 425 The unit of measurement is the number of boxes available for distribution to eligible households. D. Staffing The Subreceipient shall commit to the following staffing for the CDBG 2020 Program Year: • Town Toyota Center 8:00 AM – 5:00 PM ~ 7 Days/week • Available staff to receive requests and delivery information daily from SWV provided by 3:00 pm. Any procurement of professional service contracts shall meet the requirements of federal, state, and local laws, and this contract. E. Performance Monitoring The Funders will monitor the performance of the Subrecipient against goals and perf ormance standards as stated above. Substandard performance determined by the Funders , will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on the 3rd day of February, 2021 and end on the 30th day of April, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Operating the EFAP is a $26,680.00/month expense for the Subrecipeint. In order to maintain adequate inventory, staffing and equipment to respond to food security needs in a timely manner, the Funders are committed to proportionally supporting this cost. Included on the invoices provided by the Subrecipient shall be the following budget line items: Line Item Amount: Staffing ~ personnel providing direct program support N/A Inventory ~ physical supplies for boxes N/A Operations ~ direct costs of facility or equipment N/A MONTHLY TOTAL $26,680.00/month TOTAL AGREEMENT $79,980.00 There are no indirect costs expected to be included in billing. If applicable, any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this Agreement. In addition, th e Funders may require a more detailed budget breakdown 2/2/2021 City Council Agenda Packet Page 88 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 4 - than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Funders . Any amendments to the budget must be approved in writing by the Parties . IV. PAYMENT It is expressly agreed and understood that the total monthly amount to be paid to the Subrecipient under this Agreement shall not exceed $26,680.00 per month for an Agreement total of $79,980.00. The Subrecipient will provide a monthly report to the Funders identifying the proportion of boxes that were delivered to their respective service areas. The percentage of requests each entity had within their service area of the total delivered boxes w ill equal the portion they are responsible for covering of the $26,680.00 monthly direct operating expense; cumulative total for each month is not to exceed a total $26,680.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. If applicable, expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21. V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prep aid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreemen t shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: The City of Wenatchee The City of East Wenatchee Brooklyn Holton Lori Barnett, Community Development Director P.O. Box 519 271 – 9th Street NE Wenatchee, WA 98807 East Wenatchee, WA 98802 (509) 888-3258 509-884-5396 Email: bholton@wenatcheewa.gov Email: lbarnett@eastwenatcheewa.gov The Town Toyota Center Serve Wenatchee Valley Mark Miller, General Manager Thom Nees, Executive Director 1300 Walla Wall Street 12 Orondo Avenue Wenatchee, WA 98801 Wenatchee, WA 98801 (509) 888-7330 509-663-4673 Email: mmiller@towntoyotacenter.com Email: thom@servewenatchee.org The Chelan Douglas Health District Emelia Gutzwiler, Ehs li 200 Valley Mall Parkway 2/2/2021 City Council Agenda Packet Page 89 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 5 - East Wenatchee, WA 98802 (509) 886-6400 Imt.lofr@cdhd.wa.gov VI. SPECIAL CONDITIONS None VII. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpa rt K of these regulations, except that (1) the Subrecipient does not assume the Funders’ environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the Funders’ responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. “Independent Contractor” Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Funders shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Funders from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers’ Compensation The Subrecipient shall provide Workers’ Compens ation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue phys ical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Funders. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. 2/2/2021 City Council Agenda Packet Page 90 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 6 - F. Funder Recognition The Subrecipient shall insure recognition of the role of the Funders in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The Funders or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by each governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Subrecipient from obligations under this Agreement. The Funders may, in their discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available fundin g amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by all Parties . H. Suspension or Termination In accordance with 24 CFR 85.43, the Funders may suspend or terminate this Agreement if t he Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Funders , reports that are incorrect or in complete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by any Party, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Funders will determine if any respective remaining portion of their funding will not accomplish the purpose for which the award was made, the Funders may terminate their respective award in its entirety. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 2/2/2021 City Council Agenda Packet Page 91 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 7 - 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21−28 and agrees to adhere to the accounting principles and procedures r equired therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A- 122, “Cost Principles for Non-Prof it Organizations,” or A-21, “Cost Principles for Educational Institutions,” as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document th e acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21−28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final tim e. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four -year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four - year period, whichever occurs later. 3. Client Data 2/2/2021 City Council Agenda Packet Page 92 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 8 - The Subrecipient shall maintain client data demonstrating services provided were supported by confirmed eligibility as provided by SWV. Such data shall include, but not be limited to, client name, address, income level or other basis SWV used to determine eligibility, and description of service provided. Such information shall be made a vailable to Monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of CDBG program responsibilities with respect to services provided under this contract, is prohibited by the Public Records Act as set forth in Chapter 42.56 RCW unless written consent is obtained from such person receiving service and, in the case of a minor, that of a res ponsible parent/guardian. 5. Close-outs The Subrecipient’s obligation shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of p rogram assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections All Subrecipient’s records with respect to any matters covered by this Agreement shall be made available to the Funders , grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current policy concerning audits and OMB Circular A-133. C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. All program income shall be returned at the end of the contract perio d. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly . 2. Indirect Costs 2/2/2021 City Council Agenda Packet Page 93 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 9 - Indirect costs are not an eligible expense. 3. Payment Procedures The Subrecipient will receive payment by the appropriate Funders under this Agreement based upon information submitted by the Subrecipient and consistent with the approved budget proportion percentages and policy concerning payments. Payments will be ma de for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. The Funders reserve the right to liquidate funds available under this contract for costs incurred by the respective Funder on behalf of the Subrecipient. 4. Progress Reports The Subrecipient shall submit monthly invoices accompanied by supporting documents including program details and budgetary information as identified in IA-Program delivery and III – Budget. D. Procurement 1. Compliance The Subrecipient shall comply with current policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the appropriate Funder upon termination of this Agreement. 2. OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40 −48. 3. Travel The Subrecipient shall obtain written approval from the Funders for any travel outside of Chelan or Douglas counties with funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient shall transfer to the respective Parties any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. If the Subrecipient fails to 2/2/2021 City Council Agenda Packet Page 94 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 10 - use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the appropriate Funder(s) an amount equal to the cur rent fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income. The Subrecipient may retain real proper ty acquired or improved under this Agreement after the expiration of the ten -year period. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the appropriate Funder(s) for the CDBG program or (b) retained after compensating the appropriate Funder(s) [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. I X. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Ho using and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination The Subrecipient agrees to comply with the non -discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non -discrimination provisions in Section 109 of the HCDA are still applicable. 3. Land Covenants This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or leas e for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Funders and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 2/2/2021 City Council Agenda Packet Page 95 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 11 - 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Funders shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the F unders ’ specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Funders shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority-Owned Busines ses (W/MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this con tract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Funders , HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain complianc e with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, t o be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment . 2/2/2021 City Council Agenda Packet Page 96 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 12 - 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Act ion employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be bind ing upon each of its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political ac tivities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Th e Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Funders for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less t han eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Funders pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance 2/2/2021 City Council Agenda Packet Page 97 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 13 - Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Funders , the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Funders , the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their su ccessors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for t raining and employment be given to low - and very low -income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low - and very low -income persons residing in the metropolitan area in which the project is located.” The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-bas ed paint hazards), housing construction, or other public construction project are given to low - and very low -income persons residing within the metropolitan area in which the CDBG -funded project is located; where feasible, priority should be given to low - and very low -income persons within the service area of the project or the neighborhood in which the project is located, and to low - and very low -income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low - and very low -income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low - and very low -income residents within the service area or the neighborhood in which the pr oject is located, and to low - and very low -income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 2/2/2021 City Council Agenda Packet Page 98 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 14 - b. Notifications T he Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontr act and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Funders thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Funders under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Funders . 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Funders prior to the execution of such agreement. b. Monitoring The Subrecipient will monitor all subcontracted servic es on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 2/2/2021 City Council Agenda Packet Page 99 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 15 - d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Funders along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG -assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Funders , the Subrecipient, or any designated public agency. 5. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or 2/2/2021 City Council Agenda Packet Page 100 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 16 - employee of Congres s, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contract s under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright If this contract results in any copyrightable material or inventions, the Funders and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for in herently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. X. ENVIRONMENTAL CONDITIONS The Subrecipient agrees to comply with the following requirements insofar as they may apply to any performance at any time of this Agreement. A. Air and Water - Clean Air Act, 42 U.S.C. , 7401, et seq.; 2/2/2021 City Council Agenda Packet Page 101 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 17 - - Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and in formation, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Co uncil on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI . SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XI I. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 2/2/2021 City Council Agenda Packet Page 102 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 18 - XI I I. WAIVER Failure of the Parties to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Parties to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 2/2/2021 City Council Agenda Packet Page 103 of 112 Sub Recipient Agreement: Community Action Council – Literacy Council Program CDBG PY2017 - 19 - XIV. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Funders and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Funders and the Subrecipient with respect to this Agreement. Date IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF WENATCHEE CITY OF EAST WENATCHEE By: _____________________________________ By: ___________________________________ Frank Kuntz, MAYOR Jerrilea Crawford, MAYOR Attest: ___________________________________ Name: ________________________________ CITY CLERK First Name, POSITION CHELAN DOUGLAS HEALTH DISTRICT By: _____________________________________ First and Last, POSITION Attest: ___________________________________ POSITION SUBRECIPIENT – TOWN TOYOTA CENTER SIGNATURE: FIRST/LAST NAME: POSITION: TAX ID: 2/2/2021 City Council Agenda Packet Page 104 of 112 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor Crawford and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Amendment to the Subrecipient Agreement with the Chelan Douglas Regional Port Authority for the Microenterprise Grant Program. Date: February 2, 2021 I. Summary Title: First amendment to the Subrecipient Agreement with the Chelan Douglas Regional Port Authority to extend the time of performance to December 31, 2021 for the Microenterprise Grant Program. II. Background/History: On May 19, 2020, the City Council amended the CDBG 2019 Annual Action Plan approving the establishment of a Microenterprise Grant Program using 2019 CDBG funds and the CDBG-CV funds and contracting with the Chelan Douglas Regional Port Authority for administration of that program. The Agreement terminated on January 25, 2021. Requirements of the program include that the business must be located in the City Limits, have no more than 5 employees including the owner, and the owner must be low-income. These requirements have disqualified many applicants. However, the community continues to suffer from the economic impacts of business closures due to the pandemic. Staff is recommending that the Agreement be extended to the end of the year to provide additional time for outreach. The Port Authority has agreed to the extension. III. Recommended Action: Approve amendment and authorize the Mayor to sign the Amendment. IV. Exhibits: First Amendment to the Agreement Between the City of East Wenatchee and the Chelan Douglas Regional Port Authority for the East Wenatchee CDBG-CV Microenterprise Grant Program. Financial Data: Expenditure Required Amount Budgeted Appropriation Required $123,970 $0 $123,970 2/2/2021 City Council Agenda Packet Page 105 of 112 First Amendment Subrecipient Agreement – CDBG/CDBG-CV Microenterprise Grant Program Chelan Douglas Regional Port Authority - 1 - FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF EAST WENATCHEE AND THE CHELAN DOUGLAS REGIONAL PORT AUTHORITY FOR THE EAST WENATCHEE CDBG-CV MICROENTERPRISE GRANT PROGRAM THIS AMENDMENT TO THE AGREEMENT, is made and entered into this 2nd day of February, 2021 between the City of East Wenatchee (“Grantee”) and the Chelan Douglas Regional Port Authority (“Subrecipient”). RECITALS 1. On May 19, 2020, the City Council approved establishing a Microenterprise Grant Program using CDBG funds from the 2019 Program Year and the CDBG-CV funds and entering into a Subrecipient Agreement with the Chelan Douglas Regional Port Authority for administration of that program. 2. The Agreement has a termination date of January 25, 2021. 3. The program was established to prevent, prepare for and respond to the coronavirus pandemic. 4. The community continues to suffer from the economic impacts of the pandemic. 5. To provide additional time for outreach to potential businesses, it is in the best interest of the community to extend the Agreement. 6. As provided in section VII(G) of the Agreement, it is agreed between the Parties hereto that the Agreement will be amended as described below. 7. Amendment: Amend section II to read: II. TIME OF PERFORMANCE Services of the Subrecipient must start on the 22nd day of September, 2020 and end on the 25th day of January31st day of December, 2021. The term of this Agreement and the provisions herein must be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 2/2/2021 City Council Agenda Packet Page 106 of 112 First Amendment Subrecipient Agreement – CDBG/CDBG-CV Microenterprise Grant Program Chelan Douglas Regional Port Authority - 2 - IN WITNESS WHEREOF, the Parties have executed this amendment to the Agreement as of the date first written above. Grantee City of East Wenatchee Subrecipient Chelan Douglas Regional Port Authority By By Jerrilea Crawford, Mayor Jim Kuntz, Chief Executive Officer Attest Maria Holman, City Clerk Approved as to form Devin Poulson, City Attorney 2/2/2021 City Council Agenda Packet Page 107 of 112 Number of Investigated Incidents 1006 Additional Information 1606 Number of Phone Calls Received 2022 $30,377 36 Investigations of Interest $390 Citations Issued 8 $630 Dangerous Dogs 0 $1,150 Potentially Dangerous Dogs 0 $410 Animal Bites 7 Number of Animals Received Dogs Cats Others 73 105 7 85 210 22 Seized 3 0 2 92 221 7 Return to Owner 73 12 33 19 2020 East Wenatchee Summary Licenses Issued License Fees Impounded Pets Impoud Fees Owner Surrender Stray Adoption Trap Neuter Release Boarding Fees Redemption Fees Vaccination Fees Intake/Outcome 2/2/2021 City Council Agenda Packet Page 108 of 112 Number of Investigated Incidents Additional Information January 87 362 February 129 $6,640 March 104 1 Total 320 $0 $210 $450 Number of Phone Calls Received:382 $175 Investigations of Interest 3 0 0 2 Number of Animals Received Dogs Cats Others 23 22 1 29 53 8 Seized 0 0 0 42 57 3 Return to Owner 23 7 0 8 Wenatchee Valley Animal Care & Control Fax: 509-662-7612 509-662-9577 Ext 1 Wenatchee WA 98801 1474 S Wenatchee Avenue City of East Wenatchee - Quarterly Reports 1st Quarter - 2020 Citations Issued Dangerous Dogs Potentially Dangerous Dogs Licenses Issued License Fees Impounded Pets Impoud Fees Boarding Fees Redemption Fees Vaccination Fees Animal Bites Trap Neuter Release Owner Surrender Stray Adoption Intake/Outcome 2/2/2021 City Council Agenda Packet Page 109 of 112 Number of Investigated Incidents Additional Information April 63 824 May 69 $14,937 June 63 0 Total 195 $0 $120 $300 Number of Phone Calls Received:429 $105 Investigations of Interest 3 0 0 1 Number of Animals Received Dogs Cats Others 10 10 3 14 29 2 Seized 0 0 0 11 25 0 Return to Owner 16 1 0 1 Fax: 509-662-7612 Wenatchee Valley Animal Care & Control Wenatchee WA 98801 509-662-9577 Ext 1 Vaccination Fees Animal Bites Trap Neuter Release Owner Surrender Stray Adoption Intake/Outcome Citations Issued Dangerous Dogs Potentially Dangerous Dogs Redemption Fees Licenses Issued License Fees Animals Impounded Impoud Fees Boarding Fees City of East Wenatchee - Quarterly Reports 2nd Quarter - 2020 1474 S Wenatchee Avenue 2/2/2021 City Council Agenda Packet Page 110 of 112 Number of Investigated Incidents Additional Information July 110 204 August 67 $4,290 September 111 30 Total 288 $110 $180 $200 $70 Number of Phone Calls Received: Investigations of Interest 0 0 0 2 Number of Animals Received Dogs Cats Others 18 47 0 22 74 4 Seized 0 0 0 21 65 3 Return to Owner 22 2 33 6 1474 S Wenatchee Avenue Wenatchee WA 98801 509-662-9577 Ext 1 Fax: 509-662-7612 Wenatchee Valley Animal Care & Control City of East Wenatchee - Quarterly Reports 3rd Quarter - 2020 Citations Issued Dangerous Dogs Potentially Dangerous Dogs Licenses Issued License Fees Animals Impounded Impoud Fees Boarding Fees Redemption Fees Vaccination Fees 721 Animal Bites Trap Neuter Release Owner Surrender Stray Adoption Intake/Outcome 2/2/2021 City Council Agenda Packet Page 111 of 112 Number of Investigated Incidents Additional Information October 93 216 November 66 $4,510 December 44 5 Total 203 $280 $120 $200 Number of Phone Calls Received:490 $60 Investigations of Interest 2 0 0 2 Number of Animals Received Dogs Cats Others 22 26 3 20 54 8 3 0 2 18 74 1 Return to Owner 12 2 0 4 Wenatchee Valley Animal Care & Control City of East Wenatchee - Quarterly Reports 4th Quarter - 2020 1474 S Wenatchee Avenue Wenatchee WA 98801 509-662-9577 Ext 1 Fax: 509-662-7612 Citations Issued Dangerous Dogs Potentially Dangerous Dogs Licenses Issued License Fees Animals Impounded Impoud Fees Boarding Fees Redemption Fees Vaccination Fees Animal Bites Trap Neuter Release Owner Surrender Stray Adoption Intake/Outcome Seized 2/2/2021 City Council Agenda Packet Page 112 of 112