City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA January 27, 2021 6:00 p.m. (Virtual Meeting) The Mount Vernon City Councilmembers will be participating in this meeting via video/teleconference technology. To virtually attend the meeting, the public may: 1. Call the conference line: 1-888-924-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of December 30, 2020 Special Study Session Minutes B. Approval of January 6, 2021 Study Session Minutes C. Approval of January 13, 2021 Regular Council Meeting Minutes D. Approval of January 20, 2021 payroll checks numbered 110533 - 110553, direct deposit checks numbered 80465 – 80685 and wire transfers numbered 935 – 939 in the amount of $1,233,132.56 E. Approval of January 27, 2021 Claims numbered 12089 - 12343 in the amount of $1,506,593.83 III. REPORTS A. Review of Emails from the Public (All public comments must be sent via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. All comments must be received by 5 p.m. on January 27, 2021) B. Department Updates 1) Parks and Enrichment Service  Arts Commission 2021 Work Plan  Parks Focus for 2021 2) Finance Department  2020 Revenues  Recycle Contract Discussion C. Councilmember Comments D. Mayor’s Report E. Council/Committee Agenda Requests Mount Vernon City Council Agenda January 27, 2021 page 2 III. NEW BUSINESS A. Approval of Agreement with Western Display Fireworks (Staff is requesting that Council authorize the Mayor to enter into an agreement with Western Display Fireworks to provide a firework display for July 4, 2021. (required action – motion) (staff contact – Jennifer Berner) B. Contract for Public Defense Conflict Counsel Services (Staff is requesting that Council authorize the Mayor to enter into an agreement with Cara Lorenzo adding her to the list of available conflict counsel attorneys for public defense cases.) (required action – motion) (staff contact – Peter Donovan) C. Amendment to Contract with Community Action of Skagit County (Staff is requesting that Council authorize the Mayor to enter into an amended agreement with Community Action of Skagit County to extend the existing CDBG-CV1 Subrecipient agreement term to December 31, 2021.) (required action – motion) (staff contact – Peter Donovan) D. Amendment to Agreement with Transpo Group USA (Staff is requesting that Council authorize the Mayor to enter into an amended agreement with Transpo Group USA to provide construction management support for the Kulshan Trail Safety Lighting Project.) (required action – motion) (staff contact – William Bullock) E. For the Good of the Order:  COVID-19 pandemic response and discussion COMMITTEE MEETINGS Finance and Parks & Enrichment Services Cancelled Next Ordinance 3825 Next Resolution 987 AGENDA ITEM: A  AGENDA ITEM: B DATE: January 27, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: CONTRACT FOR PUBLIC DEFENSE CONFLICT COUNSEL SERVICES RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: In the normal course of events, conflicts will arise which prevent the City’s primary public defense provider (Mountain Law) from representing a particular client. The City maintains a roster of skilled, experienced criminal defense attorneys who can and will conform to the standards and practice for the provisions of public defense services developed by the City. FINDINGS/CONCLUSIONS: Cara Lorenzo has been identified as a highly competent, skilled and experienced criminal defense attorney; and staff believes she would make an excellent addition to the City’s “conflict counsel roster.” RECOMMENDATION: A motion to authorize the Mayor to enter into an agreement with Ms. Lorenzo for public defense conflict counsel services. ATTACHED: Draft Agreement CONTRACT FOR INDIGENT DEFENSE SERVICES CONFLICT COUNSEL WHEREAS, the Cities of Burlington and Mount Vernon, Washington (hereinafter “Cities”) provide public defense services pursuant to contract with Mountain Law (“Primary Public Defender”), and WHEREAS, the Cities were parties to a lawsuit in the Federal Court, Western District of Washington before the Honorable Robert Lasnik, who has rendered a decision (“Decision”) which directs the Cities to “…re-evaluate their existing contract for the provision of public defense in light of the Court’s findings and ensure that the document encourages and is in no way antithetical to a public defense system that allows for private attorney/client communications at the outset of the relationship and the ability to follow up as appropriate given the circumstances including the client status, input and goals,” and WHEREAS, such Decision also directs the Cities to engage the services of a Public Defense Supervisor to monitor the activities of Mount Law and the Cities, and WHEREAS, the Cities have engaged a Public Defense Supervisor pursuant to the Court’s direction who is charged with oversight of the activities of the Cities and its Primary Public Defender as they provide Public Defense Services; and WHEREAS, the Public Defense Supervisor pursuant to duties specified at pages 19 through 22 of Judge Lasnik’s decision in Wilbur v. Mt. Vernon, et al has begun a system for the supervision and evaluation of the delivery of Public Defense Services; and WHEREAS, in the normal course of events, conflicts will arise which prevent the Cities’ Primary Public Defender from representing a particular client; and WHEREAS, the Cities wish to engage the services of a skilled and experienced attorney with a criminal defense background to act as Conflict Counsel who can and will conform to the standards and practice developed by the Cities and the Public Defense Supervisor as well as the standards for the provision of public defense services adopted by the Cities pursuant to resolution of the City of Burlington and ordinance of the City of Mount Vernon, NOW THEREFORE, In consideration of the mutual benefits to be derived and the promises contained herein, the Cities of Mount Vernon and Burlington, Washington municipal corporations (“Cities”), and the individual Attorney who performs services as conflict counsel under this contract (the “Attorney”) have entered into this Agreement. 1. Scope of Services, Standards and Warranty. The Attorney will provide indigent defense services in accordance with the standards adopted by the Cities by Mount Vernon ordinance and Burlington by resolution contemporaneously with approval of this Agreement (hereinafter “Standards”) and the Decision. These Standards are incorporated by this reference as if herein set forth. In the event the Standards adopted by the Cities are amended in order to incorporate changes required to conform to changes in Washington Supreme Court Rules or Standards, the parties agree to reopen this Agreement in order to incorporate those changes and adjust the provisions of this Agreement including compensation as needed to conform this Agreement to the Standards. The Attorney individually warrants that he/she and every Attorney and/or intern employed by the Attorney to perform services under this contract has read and is fully familiar with the provisions of the Washington Supreme Court Rule, Washington State Bar Association Standards and the Standards adopted by the Cities (“Standards”). Compliance with these Standards and the Decision goes to the essence of this Agreement. 1.1 The Attorney, and every attorney and/or intern performing services under this Agreement, shall certify compliance quarterly with the Municipal Courts on the form established for that purpose by court rule. A copy of each and every such certification shall be provided to the Cities and with the Public Defense Supervisor contemporaneously with filing with the Municipal Courts. 1.2 The requirements of the Decision detail affirmative duties and obligations of the Attorney and, ultimately the Cities. By way of illustration and not limitation, the Attorney has proposed compensation levels, staffing and infrastructure that provide the capacity and resources to meet the Standards including affirmative efforts to contact a client who fails to appear for an appointment and document those efforts. 1.3 The Attorney will provide monthly and quarterly reports on a form provided by the Cities. Attorney will provide confirmation of continuing legal education courses in the area of criminal law and defense annually by December 10th. Attorneys will maintain and provide to the Public Defense Supervisor all data, information and case files referenced in the Decision and any and all other information reasonably requested by the Public Defense Supervisor or a successor, so long as consistent with the attorney/client privilege and the protective order entered in the underlying Decision. The Attorney shall promptly report a sustained disciplinary action by the Washington State Bar Association or a finding by a court of competent jurisdiction that the Attorney has been found to have provided ineffective assistance of counsel. 1.4 The Attorney agrees to provide for use by incarcerated indigent defendants a free, “do not record” phone line. 1.5 The Attorney shall, with respect to any jail or other incarceration facility in which an assigned defendant is incarcerated: 1.5.1 Review forms from the jail or other incarceration facility to assure that they accurately advise clients whether written communications are confidential; and 1.5.2 With reference to any indigent defendant client being held in an out-of- county jail or other incarceration facility, determine what arrangements have been made to allow clients to maintain confidential communications with their Attorney and timely notify the Cities if no such arrangements are in place. See the Decision p. 19, ll. 16-20. 1.6 The Attorney shall maintain client complaints received in a log as well as in the client’s file and shall follow up on complaints within three (3) court days. Copies of the complaint log shall be provided to the Cities on a quarterly basis or upon its request on the form developed by the Cities and its Public Defense Supervisor. The Attorney shall cooperate, to the full extent consistent with preservation of the attorney-client privilege with review of Complaints by the Cities, and the Public Defense Supervisor or her successor, with the Public Defense Program Administrator or other outside resource contracted with by the City. 1.7 The Attorney further warrants that his/her compensation, reflected in Section 2 Compensation, reflects all infrastructure, support, administrative services, routine investigation, and systems necessary to comply with the Standards and Decision.  1.8 Attorney agrees to cooperate and communicate with the Cities’ Public Defense Supervisor in the fulfillment of her duties as outlined in the Decision, court orders and her contract with the Cities or any successor employed by the Cities as its Public Defense Program Administrator. 2. Compensation. Effective January 1, 2018, the Cities shall pay to the Attorney for services rendered under this Contract the sum of Eighty-Five Dollars ($85) per hour. In addition, the Cities will pay to the Attorney upon execution of this contract the sum of Two Thousand Dollars ($2,000) as compensation for the establishment and maintenance of internal systems to compile and report the statistics, data and other reporting required under this Agreement. The compensation amount represents the salary and benefits necessary to provide public defense service as Conflict Counsel for the Cities and all infrastructure, support, and systems necessary to comply with the Standards. 2.1 Base Compensation. Except as expressly provided in Section 2.2 the cost of all infrastructure, administrative, support and systems as well as standard overhead services necessary to comply with the established standards is included in the base payment provided in Section 2 above. The hourly charge is also intended to conclude time spent reporting to the Cities under this contract. 2.2 Payments in Addition to the Base Compensation. The Cities shall pay for the following case expenses when approved by the Municipal Courts from funds available for that purpose: 2.2.1 Discovery. Discovery shall be provided in accordance with law and court rule by the Cities’ Prosecutor. 2.2.2 Preauthorized Non-Routine Expenses. Non-routine case expenses requested by Attorney and preauthorized by order of the Municipal Courts. Unless the services are performed by Contractor’s staff or paraprofessional subcontractors, such as translator(s) or investigator(s), non-routine expenses include, but are not limited to: (i) medical and psychiatric evaluations;  (ii) expert witness fees and expenses; (iii) interpreters; (iv) polygraph, forensic and other scientific tests; (v) a computerized or other legal research which is not typically maintained as a part of defense counsel legal libraries or research capabilities; (vi) extra ordinary investigation expenses; and (vii) any other non-routine expenses the Municipal Courts finds necessary and proper for the investigation, preparation, and presentation of a case. 2.2.3 The Cities will pay or reimburse the following: 2.2.3.1 Lay Witness Fees. Lay witness fees and mileage incurred in bringing defense witnesses to court, including salary or expenses of law enforcement officers required to accompany incarcerated witnesses; 2.2.3.2 Copying Clients’ Files. The actual cost of providing one copy of a client’s or former client’s case file upon client’s or client’s appellate, post-conviction relief or habeas corpus attorney’s request, or at the request of counsel appointed to represent the client when the client has been granted a new trial; 2.2.3.3 Appeal. The actual cost of preparing and printing trial transcripts for RALJ appeals. 2.2.3.4 Records. To the extent such materials are not provided through discovery, medical, school, birth, DMV, and other similar records, and 911 and emergency communication recordings and logs; and 2.2.3.5 Process Service. The normal, reasonable cost for the service of a subpoena.  2.3 Invoice for Payment. The Attorney shall submit invoices for payment for services rendered or costs incurred under this Contract to the City’s Public Defense Program Administrator for payment within sixty (60) days of the date services are rendered or costs incurred by the Attorney. Provided, however, that costs incurred due to preauthorized services by a third party under Section 2.2.2 of this Agreement may be submitted up to sixty (60) days following receipt of the invoice by the third party. 3. Term. The initial term of this agreement shall be from the date of execution through December 31, 2020, unless sooner terminated as provided herein. The Agreement may be extended for two (2) additional one (1) year terms at the mutual agreement of the parties in any event terminating on or before December 31, 2022. 3.1 For Cause. This agreement may be terminated for cause for violation of any material term of this agreement. “Material term” shall include any violation indicating a failure to provide representation in accordance with the rules of the court and the ethical obligations established by the Washington State Bar Association, a violation of the Standards or the Decision or the provisions of Section 6 relating to insurance, conviction of a criminal charge, and/or a finding that the license of the Attorney, or any Attorney providing service under this agreement, has been suspended or revoked. Any violation of the other provisions of this Contract shall be subject to cure. Written notice of contract violation shall be provided to the Attorney who shall have thirty (30) business days to correct the violation. Failure to correct the violation will give rise to termination for cause at the Cities’ discretion. In lieu of terminating this contract, the Cities may agree in writing to alternative corrective measures. 3.2 Termination on Mutual Agreement. The parties may agree in writing to terminate this agreement at any time. Unless otherwise agreed to in writing, termination or expiration of this contract does not affect any existing obligation or liability of either party. 3.3 Termination by the Attorney. The Attorney may terminate this Agreement by providing thirty (30) days written notice to the Cities. Notice shall specify whether the Attorney is physically or mentally incapable of performance in which case Section 3.5.2 shall not apply.  3.4 Termination on Cessation of the Municipal Court. In the event that the Cities acting jointly or either City individually chooses in its/their sole discretion to terminate its/their Municipal Court, this agreement shall expire following one (1) years written notice by the City or Cities to the Attorney. 3.5 Obligations survive Termination. In the event of termination of this agreement, the following obligations shall survive and continue: 3.5.1 Representation. The compensation established in this agreement compensates Attorney for services relating to each and every assigned case. Therefore, in the event this agreement is terminated pursuant to the expiration of the term, or pursuant to § 3.2, 3.3 or 3.4, Attorney will continue to represent clients on assigned cases until a case is concluded on the trial court level. Attorney will reasonably cooperate with newly appointed counsel on case reassignment in fulfillment of his/her ethical obligations. This subsection shall not apply in situations in which the Attorney is physically or mentally unable to perform or voluntarily suspends his/her license to practice law. 3.5.2 The provisions of sections 1 and 5, as well as this subsection 3.4 survive termination as to Attorney. The Cities shall remain bound by the provisions of section 2.2 with respect to additional costs incurred with respect to cases concluded after the termination of this contract. 4. Nondiscrimination. Neither the Attorney nor any person acting on behalf of the Attorney shall, by reason of race, creed, color, national origin, sex, sexual orientation, including gender identity, honorably discharged veterans or military status, or the presence of any sensory, mental, or physical disability, HIV/AIDS and Hepatitis C status or the use of a trained guide dog or service animal by a person with a disability, discriminate against any person who is qualified and available to perform the work to which the employment relates, or in the provision of services under this agreement. 5. Indemnification. 5.1 The Attorney agrees to hold harmless and indemnify the Cities, its officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including Attorney’s fees or awards, and including claims by Attorney’s own employees to which Attorney might otherwise be immune under Title 51 arising out of or in connection with any willful misconduct or negligent error, or omission of the Attorney, his/her officers or agents. 5.2 It is specifically and expressly understood that the indemnification provided herein constitutes the waiver of the Attorney’s waiver of immunity under Title 51 RCW solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. 5.3 The Cities agree to hold harmless and indemnify the Attorney, his/her officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including Attorney’s fees or awards, arising out of or in connection with any willful misconduct or negligent error or omission of the Cities, their officers or agents. 5.4 This section shall survive the termination or expiration of this agreement and shall continue to be in effect for any claims or causes of action arising hereunder. 6. Insurance. The Attorney shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or property which may arise from or in connection with the performance of work hereunder by the Attorney, or the agents, representatives, employees, or subcontractors of the Attorney. 6.1 Minimum Scope of Insurance. Attorney shall maintain Professional Liability (Errors and Omissions) with a minimum limit of liability of $1,000,000 each claim. 6.2 Verification of Coverage. Attorney shall furnish the Cities with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Service Provider before commencement of the work. Policies shall provide thirty (30) days written notice of cancellation to the cities. The Public Defender shall provide the Cities with proof of insurance for “tail coverage” no later than December 31 of the year of termination of the Contract. The purpose of “tail coverage” is to provide insurance coverage for all claims that might arise from occurrences during the term of the Contract or extension(s) thereof, but not filed during the term of the Contract.  7. Work Performed by Attorney. In addition to compliance with the Standards, in the performance of work under this Agreement, Attorney shall comply with all federal, state and municipal laws, ordinances, rules and regulations which are applicable to Attorney’s business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 8. Work Performed at Attorney’s Risk. Attorney shall be responsible for the safety of his/her employees, agents, and subcontractors in the performance of work hereunder, and shall take all protections reasonably necessary for that purpose. All work shall be done at the Attorney’s own risk, and the Attorney shall be responsible for any loss or damage to materials, tools, or other articles used or held in connection with the work. Attorney shall also pay its employees all wages, salaries and benefits required by law and provide for taxes, withholding and all other employment related charges, taxes or fees in accordance with law and IRS regulations. 9. Personal Services, No Subcontracting. This Agreement has been entered into in consideration of the Attorney’s particular skills, qualifications, experience, and ability to meet the Standards incorporated in this Agreement. Therefore, the Attorney has personally signed this Agreement below to indicate that he/she is bound by its terms. This Agreement shall not be subcontracted without the express written consent of the Cities and refusal to subcontract may be withheld at the Cities’ sole discretion. Any assignment of this Agreement by the Attorney without the express written consent of the Cities shall be void. 10. Modification. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the duly authorized representatives of the Cities and the Attorney. 11. Entire Agreement; Prior Agreement Superseded. The written provisions in terms of this Agreement, together with any exhibit attached hereto, shall supersede all prior verbal statements of any officer or other representative of the Cities, and such statement(s) shall not be effective or construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. Upon execution, this Agreement shall supersede any and all prior agreements between the parties. 12. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in the Agreement or such other address as may be hereinafter specified in writing: CITIES: ATTORNEY: Mayor Steve Sexton City of Burlington 833 South Spruce St. Burlington WA 98233 13. Nonwaiver of Breach. The failure of the Cities to insist upon strict performance of any of the covenants and agreements contained herein or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of such covenants, agreements, or options and the same shall be and remain in full force and effect. 14. Resolutions of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms or conditions contained in this Agreement, the matter shall be referred to the Contract Administrator, the Burlington City Manager, whose decision shall be final. Nothing herein shall be construed to obligate, require or permit the Cities, its officers, agents, or employees to inquire into any privileged communication between the Attorney and any indigent defendant. In the event of any litigation arising out of this Agreement, the prevailing party shall be reimbursed for reasonable Attorney’s fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the rules of the Washington Supreme Court as applicable. Venue for an action arising out of this Agreement shall be in Skagit County Superior Court. IN WITNESS WHEREOF, the parties have executed this Agreement on the ________ day of _______________, 20___.  AGENDA ITEM: C DATE: January 27, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: CONTRACT AMENDMENT WITH COMMUNITY ACTION RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: In July 2020, the City contracted with Community Action of Skagit County (CASC) for the distribution of CDBG-CV (COVID-relief) funding. This funding is directed toward eviction prevention, and totaled $100,000. To-date, CASC has distributed $42,300 of this funding. The original contract had an expiration date of December 31, 2020. FINDINGS/CONCLUSIONS: Extending the contract through 2021 will allow adequate time for Community Action to identify qualified recipients for this eviction prevention funding. RECOMMENDATION: A motion to amend the original contract with Community Action of Skagit County, extending the contract expiration date to December 31, 2021. ATTACHED: Existing Contract CITY OF MOUNT VERNON COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT WITH COMMUNITY ACTION OF SKAGIT COUNTY THIS AGREEMENT made and entered into by and between the City of Mount Vernon, a municipal corporation under the laws of the state of Washington (hereinafter referred to as the City) and Community Action of Skagit County, a Washington nonprofit corporation (hereafter referred to as Subrecipient.) WITNESSES THAT: WHEREAS, in the City of Mount Vernon, the COVID-19 pandemic has had adverse impacts on families and individuals with low- to moderate-income, and WHEREAS, the Subrecipient is a nonprofit corporation helping families and individuals low-income to improve their lives through education, support, and direct assistance while advocating for just and equitable communities, and WHEREAS, the United States Department of Housing and Urban Development (HUD) has offered the City a grant of Community Development Block Grant (CDBG) funding from the recently approved CARES Act to address the adverse impacts of the COVID-19 pandemic, and WHEREAS, the Subrecipient has agreed to administer and implement a CDBG emergency relief project that provides CDBG-eligible, COVID-19 families and individuals with financial assistance as allowed in the Housing and Community Development Act of 1974, as amended, and in compliance with applicable local, state and federal laws, regulations and policies for the use of CDBG funds, and WHEREAS, the City has agreed to provide the Subrecipient with one-hundred and ten thousand dollars ($110,000) to support the Subrecipient’s implementation of a CDBG-funded emergency relief project that provides assistance to COVID-19 impacted families and individuals, and WHEREAS, the City and the Subrecipient are desirous of entering into a contract to formalize their relationship. 1. Services to be Provided by the Parties: a. The Subrecipient shall complete in a satisfactory and proper manner as determined by the City the work activities described in the Scope of Work. b. The City will provide such assistance and guidance as may be required to support the objectives set forth in the Scope of Work and will provide funding for the services and activities as set forth below.  2. Scope of Work: a. Activities The Subrecipient will undertake and carry out a CDBG Eviction Prevention project in a manner satisfactory to the City and consistent with any standards required as a condition of the City providing these CDBG funds. The COVID-19 emergency relief project will include the activities described in Exhibit A, attached hereto and incorporated herein and made a part hereof. The major goal of the Subrecipient’s COVID-19 emergency relief project under this Agreement will be the provision of financial assistance to CDBG-eligible households. Changes to the project’s scope of work or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Subrecipient and City. b. National Objectives The Subrecipient certifies that the activities carried out under this agreement will meet the CDBG National Objectives, as outlined below: The activities meet the CDBG National Objective to principally benefit persons with low- to moderate- income (LMI). The activity meets the limited clientele criteria by principally serving persons with LMI who request emergency relief. The Subrecipient will verify that the limited clientele criteria is met, with the Subrecipient collecting documentation of data showing the size and annual income of the household receiving a benefit, confirming that the beneficiary is LMI at the time the applicant is determined to be eligible for CDBG assistance, in compliance with CDBG regulations and guidance. Note that after a households is confirmed to be eligible for CDBG emergency relief and begins to receive relief within 12 months, the household remains eligible for CDBG-funded assistance, whether on not the household’s income rises to exceed 80 percent of AMI. c. Activity Budgets and Potential Program Income Activity budget is outlined in Exhibit B “Proposed Project Budget” attached hereto and incorporated herein and made a part hereof. CDBG funds will be used for direct financial assistance to CDBG-eligible households and for the reimbursement of the Subrecipient’s direct costs of implementing the project. The project is not expected to produce any program income. d. Levels of Accomplishment – Goals and Performance Measures Activity goals and performance measures are outlined in Exhibit A. The number of households to be assisted is expected to be approximately forty.  e. Staffing Staff assigned to listed activities will be competent to perform assigned duties. f. Performance Monitoring The City will monitor the performance of the Subrecipient against activities and performance measures as stated above, on an annual basis if not more frequently. The Subrecipient shall submit a CDBG Beneficiary and Outcomes Report to the City on a semi-annual basis. Payments will be withheld if reports are missing or incomplete. Substandard performance as determined by the City will constitute non-compliance 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 by the City, Agreement suspension or termination procedures will be initiated. g. Compliance with Federal Regulations Administration of program and activities are subject to federal HUD regulations as described in Exhibit C, attached hereto and incorporated herein and made a part hereof. 3. Time of Performance: All activities described under the Scope of Work shall be conducted over the course of the current Year, beginning with a written notice to proceed from the City to the Subrecipient and ending on or before December 31, 2020. A written six-month extension to this ending date may be obtained from the City. 4. Consideration: The City shall contribute one hundred ten thousand dollars ($110,000.00) to accomplish the scope of work as detailed in Exhibit A. As allowed by CDBG regulations and guidance, the CDBG funds may be used to: a) Provide direct financial assistance and emergency relief for CDBG-eligible households, not to exceed a total of one-hundred thousand dollars ($100,000). b) Provide reimbursement to the Subrecipient for the direct costs of implementing the project, not to exceed ten thousand dollars ($10,000) 5. Administration The Subrecipient shall appoint a liaison who shall be responsible for the Subrecipient’s overall administration of the CDBG-funded activities and the overall coordination with the City. The Subrecipient shall also designate one or more representatives who shall be authorized to sign invoices. The names of the liaison and representatives shall be specified by letter to the City.  6. Payments with CDBG Funds a) The City shall use CDBG funds only for the activities specified in attached Exhibit A, and only after adequate documentation provided to the City by the Subrecipient. b) Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21. c) The City will make a timely payment to the Subrecipient after said payment request is received and approved by City personnel. d) The Subrecipient shall submit a CDBG Beneficiary and Outcomes Report to the City on a semi-annual basis. Payments will be withheld if reports are missing or incomplete. 7. Relationship: The City and Subrecipient intend that an independent contractual relationship be created by this contract. Subrecipient is not considered to be an employee of the City for any purpose, and neither the Subrecipient nor any employee of the Subrecipient shall be entitled to any of the benefits the City provides for the City’s employees, including but not limited to health insurance, sick or annual leave, or worker’s compensation. Subrecipient specifically represents and stipulates that the Subrecipient is engaged in the business of providing the services set forth in this contract, and that Subrecipient is fully registered and legally authorized to conduct such business, and pays all necessary taxes and assessments levied against such business. 8. Suspension, Termination, and Close Out: If the Subrecipient fails to comply with the terms and conditions of this contract, the City may pursue such remedies as are legally available, including, but not limited to, the suspension or termination of this contract. 9. Changes, Amendments, Modifications: The City may, from time to time, require changes or modifications in the Scope of Work to be performed hereunder. Such changes, including any decrease or increase in the amount of compensation therefore, which are mutually agreed upon by the City and the Subrecipient shall be incorporated in written amendments to this contract. 10. Assignability: The Subrecipient shall not assign any interest on this contract, and shall not transfer any interest on the contract (whether by assignment or novation), without prior written consent of the City. 11. Reports and Information: The Subrecipient, at such time as and in such form as the City may require, shall furnish the City such periodic reports and information as it may request pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. 12. Insurance: Prior to commencing work, Subrecipient shall procure and maintain at Subrecipient’s own cost and expense for the duration of the Agreement the following insurance placed with insurers against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Subrecipient, its agents, representatives, employees or subcontractors. Subrecipient shall maintain limits no less than: Commercial General Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, and two million dollars ($2,000,000) aggregate. Coverage shall be on an “occurrence” basis. The City of Mount Vernon shall be named, by endorsement, as an additional insured on the Subrecipient’s insurance policy as respects this contract. Such insurance as carried by the Subrecipient is primary over insurance carried by the City. Comprehensive Automobile Liability Insurance: One million dollars ($1,000,000) combined single limit per accident for bodily injury/property damage. Evidence of Subrecipient’s Insurance shall be presented to the City prior to the execution of the agreement. In the event of non-renewal, cancellation, or material change in coverage, thirty (30) days written notice will be furnished to the City prior to the date of cancellation, non-renewal or change. 13. Compliance with Local Laws: The Subrecipient shall comply with all applicable laws, ordinances, and codes of the state and local government and the Subrecipient shall hold and save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this contract. 14. Audits and Inspections: The City or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the contract by whatever legal and reasonable means are deemed expedient by the City. 15. Hold Harmless: The Subrecipient agrees to indemnify and hold harmless the City, its appointed and elective officers and employees, from and against all loss and expense, including attorney’s fees and costs by reason of any and all claims and demands upon the City, its elected and appointed officers and employees from damages sustained by any person or persons, arising out of or in consequence of the Subrecipient’s and its agents’ negligent performance of work associated with this agreement. This agreement contains all terms and conditions agreed to by the City and the Subrecipient. IN WITNESS WHEREOF, the City and the Subrecipient have executed this agreement as of the date and year last written below: CITY OF MOUNT VERNON COMMUNITY ACTION OF SKAGIT COUNTY _____________________________ ____ __________________________ Jill Boudreau, Mayor Bill Henkel, Executive Director Date:______________________ Date:______________________ Attest: __________________________ Doug Volesky, Finance Director Approved as to form: ____________________________ Kevin Rogerson, City Attorney EXHIBIT A Scope of Work To accomplish the goal of providing emergency relief financial assistance for CDBG-eligible households, the major tasks that the Subrecipient will perform include, but are not necessarily limited to, the following: Activity #1: Determining the CDBG-eligibility of potentially eligible households, based on (a) the household having an annual household income that does not exceed 80 percent of the area median income (AMI), adjusted for household size by HUD, and (b) a showing of adverse financial impacts as a result of the COVID-19 pandemic. Documentation will be collected and retained from each household that is considered eligible for CDBG MEA. Activity #2: Determining which CDBG-eligible households will be offered CDBG-funded financial assistance based on criteria that the City and the Subrecipient agree are appropriate for the allocation of the limited amounts of CDBG funding available through this agreement. Activity #3 For each household to be assisted, determining with household how the CDBG-funded financial assistance will be used and confirming that there will be no “duplication of benefits;” that is, no assistance is being received from another source for the same purpose and the amount of assistance provided does not exceed the total identified need. Activity #4 For each household to be assisted and based on how the financial assistance will be used, documenting in an environmental review record (ERR) that considers whether the CDBG use will have any adverse environmental impacts. (If the CDBG use does not entail construction or ground disturbing activities, the ERR will usually confirm the use is categorically excluded and exempt from further environmental review.) Activity #5 For each household to be assisted, providing financial assistance to a third party on behalf of the household in a lump sum payment or payments and documenting the delivery and receipt of those funds. Activity #6 Providing adequate documentation to the City along with a request for reimbursement of funding that will be used for emergency relief financial assistance payments and for the reimbursement of the Subrecipient’s direct costs of the project’s implementation. Exhibit B Proposed Project Budget Direct financial assistance on behalf of households $100,000.00 Subrecipient direct expenses for implementation $ 10,000.00 Total budget and compensation not to exceed $110,000.00  AGENDA ITEM: D DATE: January 27, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: TRANSPO GROUP USA CONTRACT AMENDMENT – KULSHANTRAIL SAFETY LIGHTING PROJECT CONTRACT INCREASE COVERING ADDITIONAL CONSTRUCTION SUPPORT ENGINEERING COSTS RECOMMENDED ACTION: Staff recommends a contract increase with Transpo Group USA (Transpo) for Construction Management services on the Kulshan Trail Safety Lighting Project to cover construction support engineering costs in the amount of an additional $3,262. This level of construction support was anticipated as part of the construction estimate submitted for project funding. INTRODUCTION/BACKGROUND: The Kulshan Trail Safety Lighting Project involves installing LED lighting on the trail between 18th Street and the parking lot behind Habitat for Humanity (connection to Riverside Drive). Construction is underway and the primary trenching is nearly complete. PSE will be installing and energizing the LED lighting in February/March. FINDINGS/CONCLUSIONS: The project has encountered a few issues that required some minor redesign requiring support from Transpo. These changes are minor and not expected to escalate construction costs above the grant funding levels. RECOMMENDATION: Motion to authorize the Mayor to approve and sign the attached contract amendment (Supplemental Agreement) with Transpo for an increase of $3,262 for a new “not to exceed” contract amount of $27,323. ATTACHED: 1. Supplemental Agreement 001  Supplemental Agreement Organization and Address Number 001 Transpo Group USA, Inc. 12131 113th Ave NE, Ste 203 Original Agreement Number Kirkland, WA 98034 LA-9772 Phone: Project Number Execution Date Completion Date TAP-0820(013) 6/30/2021 Project Title New Maximum Amount Payable Kulshan Trail Safety Lighting Project 27,323.00 Description of Work Supplements 001 is for Construction Management Services as outlined in Exhibit A. The Local Agency of City of Mount Vernon desires to supplement the agreement entered in to with Transpo Group USA and executed on 4/20/2020 and identified as Agreement No. LA-9772 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: See attached Exhibit A II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Completion Date shall be extended to 06/30/2021 III Section V, PAYMENT, shall be amended as follows: Supplement shall increase the contract amount by $3,262.00 for a new total of $27,323.00. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005  Exhibit “A” Summary of Payments Basic Supplement #1 Total Agreement Direct Salary Cost $8,340.06 $1,135.13 $9,475.19 Overhead $13,118.91 $1,785.56 $14,904.47 (Including Payroll Additives) Direct Non-Salary Costs $100.00 $100 Fixed Fee $2,502.02 $340.54 $2,842.56 Total $24,061.00 3262.00 $27,323.00 DOT Form 140-063 Revised 09/2005  Exhibit A—Scope of Services Client Name: City of Mount Vernon Project Name: Kulshan Trail Safety Lighting Exhibit Dated: 01/21/21 TG: 20072.00 Scope of Services The following services were required in addition to those included in the original scope of work: Task 02—Trail Lighting Design and CCTV Integration The level of effort for this task exceeded what was assumed in the original scope of work due to multiple revisions requested as a result of coordination with PSE and WSDOT review. These revisions included revisions to specifications due to an updated version of WSDOT Standard Specifications for Road, Bridge, and Municipal Construction. The original contract also included electrical special provisions only but Transpo prepared the entire bid package including specifications, bid forms, and bid proposal.