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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, April 24, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION a) StormReady Certification Renewal 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed three minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of April 17, 2023. Council Concur b) AB - 3337 Community & Economic Development Department recommends adoption of a resolution accepting the 2023 Bylaws of the Planning Commission, adopted at its regular meeting on April 5, 2023. Refer to Planning & Development Committee c) AB - 3342 Police Department recommends approval of an interagency agreement with the Washington Traffic Safety Commission, in order to accept $2,500 in grant funds for the King County Distracted Driving campaign. Refer to Finance Committee d) AB - 3331 Public Works Utility Systems Division recommends approval Water Quality Grant Agreement WQC-2023-Renton-00022, with the Washington State Department of Ecology, in order to accept $927,000 in grant funds for the Burnett Ave S and Williams Ave S Water Quality Retrofit project. Refer to Finance Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers; 2718 Duvall Avenue NE Property Acquisition; 2023 Carryforward / 1st Quarter Budget Amendment Ordinance and 2023/2024 Fee Schedule Resolution 8. LEGISLATION Ordinance for first reading: a) Ordinance No. 6110: 2023 Carry Forward/1st Qtr Budget Amendment Ordinance for second and final reading: a) Ordinance No. 6109: Adding Crime for Exposing Minor Child to Domestic Violence 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:45 p.m. - 7th Floor Council Chambers/Videoconference Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings gzoz JeqLueAoN q8noJqJ,Se uowea 40 /mg sq),sezguBo:>eJ /(qeJeq es)!/ueg J8L|1l2G/V\|euogJ,eN sq),SS8Up8JBd8Jd p 9 uop,e:>gunuJLuo:)peseenug ;o L|C)BOJC|dB9A!13BOJC|pue J,ue8mp 9 qBnoJqJ, s8uguJe/v\JeLn.eeMsnopmzeq ;o sseue/\p,3e,L;a pue sseug|eLup,em,Bug/\oJdLugJO;| / SZOZ ‘ZHGJQW ,to a1e3!,tp,Ja3 uoJ,BugqseM ‘ emeesea!/ues .IaqJ,ee/v\|BUO!1€N 93J€qQ-U|-1S!30|OJO919V \|uosuqorue?oj wmwya/‘W50 uoJ,8ugqse/v\‘emeeg ea;/ues J8L|I|.€3N\geuop,eN J,sg8o|oJoeJ,aw uop,eugpJoo3 Bugme/ V\ /(peaHLu.Io1sAGENDA ITEM #3. a) Mayor’s Office Memorandum DATE: April 24, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • A pop-up lunch will be held on Friday, April 28, 10 a.m.-2 p.m., 126 South Logan Avenue North, sponsored by SOS/Food Lifeline. Hygiene kits, socks, and food for dogs and cats will be available. • Under Renton Municipal Code landlords are required to register all residential housing properties within the city. Exceptions include room rentals by owner-occupied residential homes, commercial lodging, short-term rentals, state-licensed facilities, and housing owned by government groups or housing authorities. If you are a landlord who has not yet registered and qualifies for the Rental Registration Program, need more information about this program, or need instructions on how to register, visit www.rentonwa.gov/rentalregistration. • King County formally adopted City of Renton’s 2021 Long Range Wastewater Management Plan on April 13, 2023. This accomplishment culminates years of work and provides direction to the wastewater utility going forward. The plan has now completed all necessary approvals from the city, Department of Ecology and King County. A copy of the final document can be found on the city’s website, rentonwa.gov/wastewater. • Parks and Recreation Department’s Let’s Go, Renton! Summer Activity Guide is now online and will be available in print at the Renton Community Center, Don Persson Senior Activity Center, Highlands Neighborhood Center, and City Hall. The guide covers our city’s extensive recreation programs and events from May through August. • Information about preventative street maintenance, traffic impact projects, road closures, and I-405 work happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations: AGENDA ITEM #4. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 April 24, 2023  Monday, April 24 through Friday, April 28, 24 hours a day. Intermittent lane closures on Rainier Ave S between S 2nd St and Airport Way for construction work. Questions may be directed to Joe Nerlfi, 425-757-9657.  Monday, April 24 through Friday, April 28, 8:00 am to 3:30 pm. Road closure on NE 10th St from NE Sunset Blvd to Kirkland Ave NE. Detour route will be provided. Questions may be directed to Kip Braaten at 206-503-1746.  Monday, April 24 through Friday, April 28, 8:00 am to 3:30 pm. Intermittent lane closure on Duvall Ave NE between Sunset and NE 10th St for construction work. Questions may be directed to Joel McCann at 425-757-9595.  Monday, April 24 through Friday, April 28, 8:00 am to 3:30 pm. Intermittent lane closure on eastbound S Grady Way at Williams Ave S for construction work. Questions may be directed to Tom Main, 206-999-1833.  Monday, April 24 through Friday, April 28, 8:00 am to 3:30 pm. Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for construction work. Questions may be directed to Brad Stocco, 425-282-237  Monday, April 24 through Friday, April 28, 8:30am to 3:00 pm. Intermittent lane closure on southbound 116th Ave SE at SE 188th St for construction work. Questions may be directed to Tom Main, 206-999-1833.  Monday, April 24 through Friday, April 28, 8:30 am to 3:00 pm. Intermittent lane closure on Lincoln Ave NE at the 4100 block for utility work. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, April 24 through Friday, April 28, 8:30 am to 3:00 pm. Intermittent lane closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions may be directed to Brad Stocco at 425-282-2373.  Monday, April 24 through Friday, April 28, 8:30 am to 3:00 pm. Intermittent lane closure on southbound Williams Ave S at S Grady Way for construction work. Questions may be directed to Tom Main, 206-999-1833.  Tuesday, April 25 through Thursday, April 28, 7:00 am to 4:00 pm. Lane closures (southbound) on Oakesdale Ave SW between SW 19th St and SW 27th St for asphalt repairs.  FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) April 17, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, April 17, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Valerie O'Halloran, Council President Ed Prince, Council Position No. 5 James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Ryan McIrvin, Council Position No. 4 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Kristi Rowland, Deputy Chief Administrative Officer Cheryl Beyer, Senior Assistant City Attorney Jason Seth, City Clerk Kelly Beymer, Parks & Recreation Department Administrator Ian Gray, Urban Forestry & Natural Resources Manager Teresa Nishi, Volunteer Coordinator Commander Tracy Wilkinson, Police Department Attended Remotely: Ellen Bradley-Mak, Human Resources / Risk Management Administrator Martin Pastucha, Public Works Administrator Ron Straka, Public Works Utility Systems Director Chief Jon Schuldt, Police Department AGENDA ITEM #6. a) April 17, 2023 REGULAR COUNCIL MEETING MINUTES PROCLAMATION a) Arbor Day / Earth Day: A proclamation by Mayor Pavone was read declaring April 22, 2023 to be Arbor Day / Earth Day in the City of Renton, encouraging all residents to observe the occasion and join in and participate in their own way and consider planting trees where they live. Ian Gray, Urban Forestry & Natural Resources Manager, accepted the proclamation with appreciation. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT Deputy CAO Kristi Rowland reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2023 and beyond. Items noted were: • A Pop-up lunch will be held on Wednesday, April 19, 12-1:30 pm, 300 Rainier Avenue North, sponsored by the Emergency Feeding Program/SOS (will be held regularly on the second and fourth Wednesday through December 2023). Hygiene kits, socks, and food for dogs and cats will be available. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of April 10, 2023. Council Concur. b) AB - 3333 City Clerk submitted the quarterly list of fully executed contracts between 1/1/2023 - 3/31/2023, and a report of agreements expiring between 4/1/2023 – 9/30/2023. None; Information Only. c) AB - 3335 Finance Department recommended adoption of an ordinance amending the 2023/2024 biennial budget to increase revenues by $82,819,219, for an amended total revenues of $667,283,601 over the biennium, and increase expenditures by $205,500,724, for an amended total expenditures of $786,697,152 over the biennium; and amending the 2023 salary table; and adoption of a resolution amending the 2023/2024 Fee Schedule. Refer to Finance Committee. d) AB - 3325 Parks & Recreation Department - PPNR requested approval of a Purchase and Sale agreement, with Timothy and Jodi Miser, in the amount of $1,050,000, plus an additional $90,000 in related transaction costs, for the acquisition of a 1.7-acre parcel located at 2718 Duvall Ave NE. This acquisition will expand a key portion of the future May Creek Park located in northeast Renton. Refer to Finance Committee. e) AB - 3334 Public Works Administration recommended adoption of an ordinance amending Title VIII, Health and Sanitation, of the Renton Municipal code by adding a new Chapter 9, entitled Compost Procurement, regarding the purchasing, use, and reporting of compost as required by RCW 43.19A.150. Refer to Utilities Committee. AGENDA ITEM #6. a) April 17, 2023 REGULAR COUNCIL MEETING MINUTES f) AB - 3336 Public Works Airport recommended approval of an agreement with DOWL, LLC, in an amount not to exceed $209,368, for design services for security improvements and enhancements at the Renton Municipal Airport. Refer to Transportation (Aviation) Committee. g) AB - 3326 Public Works Transportation Systems Division recommended execution of Supplemental Agreement No. 17 to CAG-17-082, contract with Perteet, Inc., in the amount of $538,957 for construction management services for the Park Ave N Extension project. Refer to Transportation (Aviation) Committee. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation to award the construction contract for the West Hill Pump Station Improvements Project to Gary Harper Construction in the amount of $2,669,704.80, and to authorize the Mayor and City Clerk to execute the contract CAG-22-262. The Committee also recommended the approval of a budget transfer of $953,810 to cover the cost of the construction contract, services during construction, contingencies, and contract administration. Additional budget appropriation of $674,105 will be included in the 2023 carryforward 1st quarter budget adjustment (Fund 425), and the remaining $279,705 will come from the 2022 Water Operations unassigned ending fund balance (Fund 405). MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Public Safety Committee Chair Văn presented a report concurring in the staff recommendation to approve the amendment to the Renton Municipal Code, Title VI, Police Regulations, to add a new Chapter 6-33, which make it a crime to commit domestic violence witnessed by children. The Committee further recommended that the ordinance regarding this matter be placed for first reading at tonight’s Council meeting. MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Ordinance for first reading: a) Ordinance No. 6109: An ordinance was read amending Title VI of the Renton Municipal Code by adding Chapter 33, creating a new crime for exposing minor child to domestic violence, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. AGENDA ITEM #6. a) April 17, 2023 REGULAR COUNCIL MEETING MINUTES ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:12 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 17 Apr 2023 AGENDA ITEM #6. a) Council Committee Meeting Calendar  April 17, 2023  April 24, 2023  Monday  3:30 PM Finance Committee, Chair Pérez   Location: Council Conference Room/Videoconference  1. 2718 Duvall Avenue NE Property Acquisition 2. 2023 Carryforward / 1st Quarter Budget Amendment Ordinance and 2023/2024 Fee Schedule Resolution 3.Vouchers 4.Emerging Issues in Finance 4:45 PM Planning & Development Committee, Chair Prince  Location: Council Conference Room/Videoconference  1.Comprehensive Plan Update N 30th St Rezone 2.Docket 18, Group A Update D‐226: Home Occupation 3.Emerging Issues in CED 5:45 PM Committee of the Whole, Chair O’Halloran  Location: Council Chambers/Videoconference  1.Public Records Requests Program Update 7:00 PM Council Meeting  Location: Council Chambers/Videoconference  AGENDA ITEM #6. a) AB - 3337 City Council Regular Meeting - 24 Apr 2023 SUBJECT/TITLE: Council Acceptance of the Planning Commission 2023 Bylaws RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Vanessa Dolbee, Planning Director EXT.: 7314 FISCAL IMPACT SUMMARY: Not applicable SUMMARY OF ACTION: The Planning Commission Bylaws were last updated December 16, 2009. At this time, there was a need to update the Planning Commission Bylaws in order to ensure compliance with changes in the Washington Open Public Meetings Act (OPMA) as well as to generally update rules and regulations that affect how the Commission operates. Amendments and updates made are summarized as follows: 1. General structure- For consistency with other City Advisory groups, ease of reference by adding sections and sub-sections of the Bylaws and to address operational questions 2. Meetings- For differentiation of types of meeting: regular, special and emergency meetings; clarification on what happens when meetings cannot occur, possible means of attendance and provision on Commissioner absences 3. Membership and appointment- Provision on RMC 2-10, membership requirements, appointment procedures, terms and vacancies EXHIBITS: A. Resolution (including bylaws exhibit) STAFF RECOMMENDATION: Staff recommends Council acceptance of the 2023 Bylaws of the Planning Commission adopted by the Commission during its regular meeting held on April 5, 2023 AGENDA ITEM #6. b) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ACCEPTING THE PLANNING COMMISSION BYLAWS. WHEREAS, the Planning Commission (“Commission”) Bylaws were adopted by the Commission during its regular meeting, April 5, 2023, and will be used for governing operations of the Commission; and WHEREAS, the Commission may recommend amendments to the Bylaws in the future, which will be subsequently reviewed by City Administration; and WHEREAS, any proposed revisions to the Bylaws approved by the Commission will be submitted by staff to the City Council for acceptance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council hereby accepts the Bylaws of the Planning Commission, a copy of which is attached hereto as Exhibit “A” and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2023. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2022. ______________________________ Armondo Pavone, Mayor AGENDA ITEM #6. b) RESOLUTION NO. _______ 2 Approved as to form: ______________________________ Shane Moloney, City Attorney RES – CED – 1939 – 4.13.23 AGENDA ITEM #6. b) RESOLUTION NO. _______ 3 EXHIBIT “A” PLANNING COMMISSION BYLAWS AGENDA ITEM #6. b) Renton Planning Commission Bylaws (April 2023) Page 1 of 3 CITY OF RENTON BYLAWS OF THE PLANNING COMMISSION The City of Renton (“City”) Planning Commission (“Commission”) has adopted the following as its Bylaws setting forth the rules and procedures deemed necessary to carry out its duties as established in Chapter 2-10 of the Renton Municipal Code (“RMC”), and in compliance with the state’s Open Public Meetings Act (“OPMA” RCW 42.30). After these Bylaws have been provided to the Renton City Council for their awareness, the Commission will file a copy of these Bylaws with the City Clerk of Renton. 1. Appointment, Membership, Term, and Vacancies – shall be in accordance with RMC 2-10, and are currently: a. Appointment of nine (9) Commissioners by the Mayor, and confirmed by the City Council b. Members of the Commission must be a resident of, or own a small business in, the City of Renton, with additional rules as described in RMC 2-10-5. c. Term of appointment is three (3) years, with appointments in July and February of each year and d. Vacancies will be filled in the same way the initial appointments were made. 2. Election of Officers: a. Officers to be elected: the Commission shall elect a Chair, Vice-Chair, Secretary, and other officers as may be needed. b. Elections to occur: Elections shall be held annually at the first regular meeting in January. In the event other officers are needed, they will be elected and seated as the need arises. Elections for each officer when there is more than one candidate for a position shall be by roll call vote. c. Officers to be seated: Newly elected officers shall take office at the first regular meeting of each calendar year, after elections of all officers. 3. Meetings: a. The Commission shall operate in compliance with the OPMA to ensure a transparent process. This Article 2 will be interpreted to comply with Washington State open meetings requirements and may be subject to change to assure compliance. i. The Commission shall have a standard practice of meeting in person meetings at the Renton City Hall, City Council Chambers. If that location is not available, and a regular in-person meeting will still be held, the City will publish the new physical location in accordance with OPMA requirements. ii. In the event a regular meeting is canceled or re-scheduled prior to its regularly scheduled time and date, the City shall post that information in advance. iii. Any Commissioner may attend any meeting remotely at their discretion, if such attendance is: 1. By telephonic or other electronic, internet, or other means acceptable to, and arranged with, City staff prior to the meeting; AND AGENDA ITEM #6. b) Renton Planning Commission Bylaws (April 2023) Page 2 of 3 2. The remote means allows real-time verbal communication with the Commission without being in the same physical location, and is available for the members of the public to hear as well. iv. The Commission shall hold at least twelve (12) Regular Meetings throughout the year according to the following schedule: 1. January through December: first and third Wednesdays of the month at 6:00 pm or as otherwise published by City of Renton on their website and with advance notice and posting of the agenda; except: 2. August and December: first Wednesday of the month at 6:00 pm, or as otherwise published by City of Renton on their website and with advance notice and posting of the agenda. 3. In the event a regular meeting day falls on a holiday, or City operations are canceled for emergency or other reasons, the regular meeting will be postponed to the next available business day in the same location, and the public will be notified through posting on the City’s website and physical posting at the location. v. The Commission may hold Special Meetings at the request of the Chair, or in their absence by the Vice-Chair, or when approved during a regular meeting by a majority of the Commission. City staff shall notify Commissioners at least three (3) days in advance of such Special Meeting, and shall provide appropriate public notice. vi. The Commission may hold Emergency Meetings if there is a need for expedited action of the Commission to meet an emergency. Such emergency meeting may be called by the Chair at the regular meeting site, for a remote meeting without a physical location, or for a meeting at which attendance by members of the public is limited due to a declared emergency. vii. The Commission may hold fully Remote Meetings as a result of the declaration of an emergency and if the City determines it cannot hold a meeting in person or will limit physical attendance by some or all members of the public because of the emergency. Such remote meeting shall comply with OPMA rules governing remote meetings, including real-time verbal communications and the option for the public to listen. b. Absences: i. Failure to attend a meeting without providing City staff and/or the Chair twenty- four (24) hours’ notice may be considered an “unexcused” absence. ii. Three (3) “excused” absences is equal to one (1) “unexcused” absence. iii. Commissioners with 3 or more unexcused absences in one calendar year may be removed from the Commission by the Mayor. iv. Remote attendance at an in-person meeting is not an absence from the meeting. 4. Amendments: a. These Bylaws may be amended or repealed and new Bylaws may be adopted at any regular meeting or special meeting by a majority vote of the membership. A copy of the proposed Bylaws, or amendments thereto, shall be furnished to each member at least three (3) days prior to the date of the meeting. AGENDA ITEM #6. b) Renton Planning Commission Bylaws (April 2023) Page 3 of 3 b. All amendments to the Bylaws shall be submitted to the Mayor and City Council for their awareness. IT IS HEREBY UNDERSTOOD that the undersigned Chair of the Renton Planning Commission does hereby certify that the above and foregoing Bylaws were duly adopted by the members of the Commission as the Bylaws of the Commission on the ____ day of _______, 2023, and that they do now constitute the Bylaws of the City of Renton Planning Commission. ATTEST: ________________________________ Dana Rochex, Chair Renton Planning Commission AGENDA ITEM #6. b) AB - 3342 City Council Regular Meeting - 24 Apr 2023 SUBJECT/TITLE: Interagency Agreement with the Washington Traffic Safety Commission for the King County Distracted Driving Campaign RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Police Department STAFF CONTACT: Steve Morris, Commander EXT.: 7597 FISCAL IMPACT SUMMARY: The grant reimburses the Renton Police Department for costs related to Distracted Driving Campain during April-September 2023 up to $2500. Budget adjustments will be made quarterly. SUMMARY OF ACTION: The Washington Traffic Safety Commission (WTSC) has awarded $2,500 to the RENTON POLICE DEPARTMENT for the purpose of conducting coordinated overtime High Visibility Enforcement activities. EXHIBITS: A. 2022-2023 HVE King County Distracted Driving Campaign Agreement STAFF RECOMMENDATION: To authorize the Mayor and City Clerk to enter into an agreement with Washington Traffic Safety Commission to accept $2,500 for the King County Distracted Driving campaign. AGENDA ITEM #6. c) INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND RENTON POLICE DEPARTMENT THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as “WTSC,” and RENTON POLICE DEPARTMENT, hereinafter referred to as “SUB-RECIPIENT.” The Washington Traffic Safety Commission has delegated the management and oversight of this project to the Regions 7 and 8 (King County) Target Zero Managers (TZMs). The TZM will act as WTSC's agent in the management and oversight of this project. WTSC will establish agreements with all participating agencies before transferring responsibility to the TZM. WTSC reserves the right to contact participating agencies regarding any elements of this contract. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.616 for traffic safety grant project 2023-AG-4859-King County Distracted Driving Campaign, specifically to provide funding for the law enforcement agencies in WTSC Regions 7 and 8 to conduct straight time or overtime enforcement activities (traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of deterring distracted driving. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB-RECIPIENT with the goal of reducing traffic crashes caused by distracted driving and other high risk driving behaviors. Grant 2023-AG-4859-King County Distracted Driving Campaign was awarded to Regions 7/8 to support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB- RECIPIENT can seek reimbursement for straight time or overtime for approved law enforcement activity expenses incurred as a participant in the region’s HVE grant. AGENDA ITEM #6. c) 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than March 20, 2022, and remain in effect until September 30, 2023, unless terminated sooner, as provided herein. 3. SCOPE OF WORK Problem and Opportunity Statement The prevention of distracted driving is a Target Zero priority one objective. In 2021, 116 traffic fatalities involved a distracted driver or 21% of all Washington (WA) traffic fatalities. Distraction is often an under-reported crash variable yet the 2017-2021 5-year cumulative total of traffic fatalities involving distraction was 596. An increase in distracted drivers were observed on city streets (from 8.8% to 15.7%), county roads (from 7.3% to 9.1%), and state routes (from 6.4% to 8.2%) during the 2022 annual statewide WTSC distracted driving observation survey. King County is the most populated county in the State and therefore has a high potential for distracted drivers. Driving distracted is a choice and a risky behavior that can increase the probability of fatalities and serious injuries on the road. The 2022 annual WTSC distracted driving observation survey found that King County experienced an increase from 5.4% to 7.8% of drivers who were distracted. Aggregated data from four years of King County survey data about distracted driving behaviors and attitudes reveal troubling and persistent concerns relating to actual cell phone use behaviors, attitudes about cell phone use while driving, perception of threat to self by others using cell phones, and intentions to use cell phones while driving. Survey respondents indicated that the only deterrents to using their cell phones while driving were getting a ticket, being involved in a crash, or using an app that could auto-respond they were driving and/or block signals. Project Purpose and Strategy: This project will fund High Visibility Enforcement (HVE) patrols to prevent distracted driving. High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed to create deterrence by increasing the expectation of a citation/fine/arrest. Officers may also use these funds to address all high-risk driving behaviors when encountered while conducting distracted driving emphasis patrols. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still decide to engage in those behaviors. Funding and events will be organized by local TZMs, LELs, and their local Target Zero Task Force. Task forces will use local data and professional judgement to establish distracted driving emphasis patrols for their jurisdictions and will schedule and plan all enforcement and outreach activities. Regional participation in the following National Campaign is mandatory: AGENDA ITEM #6. c) • Distracted driving enforcement during the Distracted Driving campaign (April 3 – 10, 2023). Goal Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible, consistent, and targeted traffic law enforcement. Law enforcement can have a profound effect on traffic safety and this project aims to increase participation to accomplish that. Requirements for National Mobilization and Traffic Safety Enforcement Program (TSEP) 1. HVE events will be data informed; based on crash data, anecdotal evidence, and the professional judgement of task force members. WTSC strongly believes in the expertise of local officers to understand the highest priority areas in their communities to focus their efforts. 2. SUB-RECIPIENT shall ensure all participating personnel will use the WEMS system provided by the WTSC to record all activities in digital activity logs conducted by their commissioned officers pursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity log and use the comments field to provide details on an irregularities, challenges or other details that would help explain what was encountered during their shift. SUB-RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. Project Intent and Best Practice 1. SUB-RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to participate in the mandatory Distracted Driving campaign in April 2023 and all subsequent distracted driving patrols organized through this project. 2. SUB-RECIPIENT is strongly encouraged to participate in their task force to plan and execute enforcement events. 3. Regional task force will submit a quarterly operational plan and SUB-RECIPIENT is encouraged to participate to the fullest extent possible. The quarterly operational plan is due no later than June 15, 2023. 4. Participating officers should maximize their contacts during their patrols so that their activity contributes to the goals of the event. 5. SUB-RECIPIENT should promote patrol events through all earned, owned and, if funded, paid media that is available so that the public is made aware of the event before, during, and after the enforcement takes place. It is a best practice to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE will occur. 6. SUB-RECIPIENT should strive to actively enforce traffic safety laws focused on collision causing behaviors in priority areas throughout the year outside of HVE events. AGENDA ITEM #6. c) 3.1. NATIONAL AND STATE-WIDE MOBILIZATIONS The region has committed to participate as a region in this national mobilization. Additional local monthly distracted driving emphasis patrols will also be conducted in King County between April-September 2023. Mobilization Dates U Drive. U Text. U Pay. April 3 – 10, 2023 3.2. COMPENSATION 3.2.1. Compensation for the straight time or overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory performance shall not exceed this amount unless the WTSC and SUB-RECIPIENT mutually agree to a higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB-RECIPIENT. Comp-time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active members of the Region’s traffic safety task force with a fully executed grant agreement are eligible to participate in this grant. 3.2.2. WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the officer’s normal salary rate plus SUB-RECIPIENT’s contributions to employee benefits, limited to the following: 7. FICA 8. Medicare 9. Any portion of L & I that is paid by the employer (SUB-RECIPIENT) 10. Retirement contributions paid by the employer (SUB-RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB-RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable breath testers, etc.) to participate in the emphasis patrols. 3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the budget category amounts may be increased or decreased without amending this agreement, so long as the total grant award amount does not increase. HVE grant funds should be managed collaboratively by the SUB- RECIPIENT and the TZM. AGENDA ITEM #6. c) These alterations must be requested through email communication between the regional TZM and assigned WTSC Program Manager. This communication shall include details of the requested budget modifications and a description of why these changes are needed. The TZM will also send an updated quarterly Operations Plan to the WASPC representative monitoring the project if the budget modification will result in changes to the previously submitted plan. 3.2.4. These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required to maintain a law enforcement commission including recertification trainings like firearm qualification. 3.2.5. Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project providing SUB-RECIPIENT has received prior approval from their region’s TZM. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.2.6. The law enforcement agency involved will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. 3.2.7. The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 150 percent overtime rate. 3.3. SUMMARY OF PROJECT COSTS The WTSC has awarded $2,500 to the RENTON POLICE DEPARTMENT for the purpose of conducting coordinated overtime HVE activities. By signing this agreement, the SUB-RECIPIENT can seek reimbursement for approved straight time or overtime expenses incurred as a participant in this grant. All activity must be coordinated by the region’s traffic safety task force and TZM to be eligible for reimbursement. The funding (Section 402, CFDA 20.600) for the RENTON POLICE DEPARTMENT is as follows: AGENDA ITEM #6. c) EMPHASIS PATROL Distracted Driving Patrols $2,500 TOTAL $2,500 APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB-RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the “BILLING PROCEDURE” section. Use of the Officer Activity Log in the WTSC’s online grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB- RECIPIENT’S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 8. ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 34 through 42. AGENDA ITEM #6. c) 9. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE All invoices for reimbursement of HVE activities will be done using the WTSC’s grant management system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up documentation is required in most cases. Once submitted by the SUB-RECIPIENT, invoices are routed to the regional TZM for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2023, must be received by WTSC no later than August 10, 2023. All invoices for goods received or services performed between July 1, 2023 and September 30, 2023, must be received by WTSC no later than November 15, 2023. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB- RECIPIENT’s receipt of WTSC’s written decision, the SUB-RECIPIENT furnishes a written appeal AGENDA ITEM #6. c) to the WTSC Director. The SUB-RECIPIENT’s appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind (“claims”) brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT’s performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors. AGENDA ITEM #6. c) 17.2. The SUB-RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 19. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not disclose or make available this material to any third Parties without first giving notice to the furnishing Party and giving them a reasonable opportunity to respond. AGENDA ITEM #6. c) Each Party will utilize reasonable security procedures and protections to assure that records and documents provided by the other Party are not erroneously disclosed to third Parties. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR AGENDA ITEM #6. c) CONVENIENCE" clause, without the 30-day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation and may terminate this Agreement immediately. At the WTSC’s discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. If the SUB-RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. AGENDA ITEM #6. c) 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT, or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub-contractors. 31. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 32. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lower tier participant”) is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. AGENDA ITEM #6. c) 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled “Instructions for Lower Tier Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or AGENDA ITEM #6. c) terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB-RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT’s policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. AGENDA ITEM #6. c) 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly. 36.2. 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. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. AGENDA ITEM #6. c) 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub-contract or sub-agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACT) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the Parties for all communications, notices, and reimbursement regarding this Agreement: AGENDA ITEM #6. c) 42. AUTHORITY TO SIGN The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. ________________________________________ Signature ________________________________________ Printed Name ________________________________________ Title ________________________________________ Date WASHINGTON TRAFFIC SAFETY COMMISSION ________________________________________ Signature ________________________________________ Printed Name ________________________________________ Title ________________________________________ Date The Contact for the SUB- RECIPIENT is: The Target Zero Manager for Region 7/8 is: The Contact for WTSC is: Sgt. Craig Johnson Renton PD cojohnson@Rentonwa.gov 425-430-7561 Sara Wood Region 8 Target Zero Manager Kent Police Department swood@kentwa.gov 253-856-5856 Janine Koffel WTSC Program Manager jkoffel@wtsc.wa.gov 360-725-9871 AGENDA ITEM #6. c) AB - 3331 City Council Regular Meeting - 24 Apr 2023 SUBJECT/TITLE: Water Quality Grant Agreement No. WQC-2023-Renton-00022 with the State of Washington Department of Ecology for the Burnett Ave S and Williams Ave S Water Quality Retrofit Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Troy Solly, Surface Water Civil Engineer II EXT.: 7313 FISCAL IMPACT SUMMARY: The grant agreement provides $927,000.00 of funding to the adjusted 2023 surface Water Utility Capital Improvement Program budget for the construction of the Burnett Ave S and Williams Ave S Water Quality Retrofit Project (427.475517). The grant requires $309,000.00 in matching city funds. The 2023 adopted budget for the project is $2,000,000. There is sufficient funding in the project budget to meet the matching funds requirement. SUMMARY OF ACTION: The Burnett Ave S and Williams Ave S Water Quality Retrofit projects provide conveyance improvements and water quality treatment to the Burnett Avenue S and Williams Avenue S storm water system between S 2nd St and the Cedar River. The storm system in the project corridors discharges directly to the Cedar River. The Cedar River at the outfall from this system is listed in the Department of Ecology 303(d) list as severely impaired, under multiple categories. The project’s drainage area consists of approximat ely 14-acres of mixed, highly urbanized land use, and the existing storm water system does not provide water quality treatment. Stormwater will be treated by two Linear Modular Wetland units. Such treatment systems provide enhancement treatment of stormwater runoff for total suspended solids (TSS), dissolved copper, dissolved zinc, and total phosphorus. Additionally, stormwater conveyance will be improved by upsizing and replacing the existing storm system to meet the current standards in the Renton Surface Water Design Manual. The improved storm system will reduce the risk of flooding along Burnett Ave S and Williams Ave S, specifically for the 95 Burnett Ave S apartment complex which flooded in May 2017. The Surface Water Utility applied for a Water Quality Grant through the Department of Ecology fiscal year 2023 Stormwater Financial Assistance Program (SFAP) and was awarded $927,000.00 in grant funding for the construction of the project. In fiscal year 2020, the Surface Water Utility was awarded a des ign grant in the amount of $277,500 that is currently funding the design of the project. The construction grant provides funding for: grant and loan administration, cultural and environmental review and permitting, development of construction plans and specifications, construction management, project construction, and project close out. The project construction is planned to begin in September 2023,and estimated to be completed in September 2024 EXHIBITS: A. WQC-2023-Renton-00187 Agreement B. Project Area Map AGENDA ITEM #6. d) STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Water Quality Grant Agreement WQC-2023-Renton-00022 with the State of Washington Department of Ecology to accept $927,000 in grant funds for the Burnett Ave S and Williams Ave S Water Quality Retrofit Project. AGENDA ITEM #6. d) Agreement No. WQC-2023-Renton-00022 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF RENTON This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. Burnett and Williams Water Quality Retrofit GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project will improve water quality in the Cedar River through installation of stormwater best management practices (BMPs), to include two Linear Modular Wetland Systems along Tobin Street near the intersection of Williams Avenue South in the City of Renton. This project will provide treatment for total suspended solids (TSS), dissolved copper, dissolved zinc, and total phosphorus. Additional benefits of this project include reduced risk of flooding by conveying peak stormwater flows. Project Long Description: The RECIPIENT will install two Modular Wetland System units in the public right-of-way along Tobin Street near the intersection of Williams Avenue South in the City of Renton. The Burnett and Williams basin is approximately 15.61 acres of mixed urbanized land use. This project area is highly urbanized consisting of concrete sidewalks, planters, curbs and gutters with no water quality treatment facilities. Stormwater within the Burnett and Williams basin outfalls to the $3,119,000.00 $1,236,000.00 $927,000.00 $309,000.00 07/01/2022 06/30/2025 Stormwater Facility AGENDA ITEM #6. d) Page 2 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton Cedar River approximately 50-ft downstream of the Williams Avenue S bridge. The completed facility will provide water quality treatment for approximately 4.86 acres of pollution-generating impervious surfaces (PGIS) within the Burnett and Williams basin. The Burnett and Williams basin directly discharges into the Cedar River . At the location of discharge, the Cedar River is a Category 5 303(d) listed for pH, temperature, and dissolved oxygen (DO); and Category 2 303(d) for mercury. The Cedar River provides primary contact recreation and is a core summer salmonid habitat. The Design Report package was accepted by Ecology in project WQC -2020-Renton-00214 in January 2022. The project design evaluated multiple water quality treatment options and determined that Modular Wetland System units were the most feasible configuration for use in the public right-of-way. Modular Wetland System units will be installed in connection with stormwater conveyance improvements in accordance with Ecology guidelines and the City of Renton’s Surface Water Design Manual. Modular Wetland System units are a Technology Assessment Protocol - Ecology (TAPE) General Use Level Designation (GULD) approved technology for basic, enhanced, and phosphorus treatment of stormwater that is discharged into the Cedar River . Addressing these pollutants within the project area will promote overall water quality by reducing the local impact to the impaired downstream waterbody. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 3 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton RECIPIENT INFORMATION Organization Name: Federal Tax ID: UEI Number:UG2PSBS6UJJ3 Mailing Address: Physical Address: Contacts Organization Email: City of Renton 91-6001271 Renton City Hall, 5th Floor, 1055 South Grady Way Renton, WA 98057-3232 Renton City Hall, 5th Floor 1055 South Grady Way jfarah@rentonwa.gov Template Version 12/10/2020 AGENDA ITEM #6. d) Page 4 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton Troy Solly Civil Engineer II Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: tsolly@rentonwa.gov Phone: (425) 430-7248 Authorized Signatory Troy Solly Civil Engineer II Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: tsolly@rentonwa.gov Phone: (425) 430-7248 Billing Contact Project Manager Authorized Signatory Armondo Pavone Mayor Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: apavone@rentonwa.gov Phone: (425) 430-6500 Template Version 12/10/2020 AGENDA ITEM #6. d) Page 5 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton Contacts Project Manager Financial Manager Technical Advisor Julia Stinson Ebert Stormwater/Nonpoint Project Manager PO Box 330316 Shoreline, Washington 98133-9716 Email: JSEB461@ecy.wa.gov Phone: (425) 651-9046 Melissa Conger PO Box 47600 Olympia, Washington 98504-7600 Email: MECO461@ecy.wa.gov Phone: (360) 706-4204 Doug Howie Senior Stormwater Engineer PO Box 47600 Olympia, Washington 98504-7600 Email: doho461@ecy.wa.gov Phone: (360) 870-0983 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Template Version 12/10/2020 AGENDA ITEM #6. d) Page 6 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement . RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement . This Agreement contains the entire understanding between the parties , and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party . This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology Water Quality Date Date City of Renton Vincent McGowan, P.E. Mayor Armondo Pavone By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 12/10/2020 AGENDA ITEM #6. d) Page 7 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton City Clerk Date Jason Seth Senior Assistant City Attorney Date Cheryl Beyer Template Version 12/10/2020 AGENDA ITEM #6. d) Page 8 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton SCOPE OF WORK Task Number:1 Task Cost: $5,500.00 Task Title:Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement , contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Deliverables Grant and Loan Administration Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) Template Version 12/10/2020 AGENDA ITEM #6. d) Page 9 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton SCOPE OF WORK Task Number:2 Task Cost: $5,000.00 Task Title:Cultural and Environmental Review, and Permitting Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review . Property acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential affects to cultural resources. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. To initiate cultural resources review: 1.The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website. 2.The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. The IDP template may be found on the ECOLOGY website. B.The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review and notify the ECOLOGY project manager when the official comment period begins . The RECIPIENT will also upload the final SEPA determination. C.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and federal permits, licenses, easements, or property rights necessary for the project. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 10 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton Deliverables Cultural and Environmental Review, and Permitting Number Description Due Date 2.1 ECOLOGY Cultural Resources Review Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager. DO NOT upload the cultural resources form or documentation to EAGL. 2.2 Inadvertent Discovery Plan (IDP). Email the form directly to the ECOLOGY Project Manager for review. Upload to EAGL once review is complete. 2.3 SEPA Checklist. Upload the checklist, or other documentation for projects considered exempt from SEPA review, to EAGL and notify ECOLOGY when official comment period begins . 2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY when upload is complete. 2.5 List of permits acquired. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 11 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton SCOPE OF WORK Task Number:3 Task Cost: $24,000.00 Task Title:Design Plans and Specifications Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . The design submittals must conform to the Deliverables for Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington , Stormwater Management Manual for Western Washington, or equivalent manual. Refer to the ECOLOGY website for specific guidance . Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement . The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. A.The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed design using the methods outlined in the Design Deliverables Document. B.The RECIPIENT will submit a preliminary GIS compatible project area as a shapefile , geodatabase file, or ECOLOGY-approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. C.The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package Acceptance Letter prior to advertising the project. Task Goal Statement: The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 12 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton Deliverables Design Plans and Specifications Number Description Due Date 3.1 Contract documents (if contracting out for design). Upload to EAGL and notify ECOLOGY when upload is complete . 3.2 Design Report. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 ECOLOGY Design Report Acceptance Letter . Upload to EAGL and notify ECOLOGY when upload is complete. 3.4 90 Percent Design Package. Upload to EAGL and notify ECOLOGY when complete. 3.5 ECOLOGY 90 Percent Design Acceptance Letter . Upload to EAGL and notify ECOLOGY when upload is complete . 3.6 Preliminary equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete . 3.7 Preliminary project area shapefile, geodatabase file, or ECOLOGY-approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete . 3.8 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 3.9 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and notify ECOLOGY when upload is complete. 3.10 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 3.11 Bid documents (e.g. bid announcement, bid tabulations, and bid award). Upload to EAGL and notify ECOLOGY when upload is complete . Template Version 12/10/2020 AGENDA ITEM #6. d) Page 13 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton SCOPE OF WORK Task Number:4 Task Cost: $35,000.00 Task Title:Construction Management Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will provide construction oversight and management of the project . B.The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review . C.The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend . D.The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur . E.Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY-accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction , communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 14 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton Deliverables Construction Management Number Description Due Date 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 4.2 Pre-Construction Conference Meeting Minutes. Upload to EAGL and notify ECOLOGY when upload is complete . 4.3 Project Schedule. Submit prior to construction and when changes occur. Upload to EAGL and notify ECOLOGY when upload is complete . 4.4 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation . Template Version 12/10/2020 AGENDA ITEM #6. d) Page 15 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton SCOPE OF WORK Task Number:5 Task Cost: $1,161,500.00 Task Title:Construction Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will complete construction of the project in accordance with ECOLOGY -accepted plans and specifications. The construction project will include installation of Linear Modular Wetland Systems to mitigate runoff from approximately 4.86 acres of pollution-generating impervious surfaces. B.Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website . Task Goal Statement: Construction of the project in accordance with ECOLOGY-accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), dissolved copper, dissolved zinc, and total phosphorus. Deliverables Construction Number Description Due Date 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 16 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton SCOPE OF WORK Task Number:6 Task Cost: $5,000.00 Task Title:Project Close Out Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will operate and maintain the constructed facility for the design life of the facility . The RECIPIENT will develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and flow-control capability of the project in accordance with the design manual. O&M plan development guidance is located in the Design Deliverables Document available on the ECOLOGY website . Allow 15 calendar days for ECOLOGY review . B.The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Design Deliverables Document. C.The RECIPIENT will submit the final GIS compatible project area in shapefile , geodatabase file, or ECOLOGY-approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. D.The RECIPIENT will submit the Recipient Closeout Report (RCOR) in EAGL in accordance with Task 1. E.The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template . Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Two-page Outcome Summary Report. * Proper maintenance of the constructed facility to maintain water quality benefits. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 17 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton Deliverables Project Close Out Number Description Due Date 6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 6.2 Final, as constructed, equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete . 6.3 Final, as constructed, project area shapefile, geodatabase file, or ECOLOGY-approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation . 6.4 Outcomes Summary. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 18 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton BUDGET Funding Distribution EG230223 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State SFAP - SFY23 100% Model Toxics Control Capital Account(MTCCA) Stormwater Type: Funding Source %: Description: FDFund: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 0% 25% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SFAP 07/01/2022 06/30/2025 Grant SFAP Task Total Grant and Loan Administration 5,500.00$ Cultural and Environmental Review, and Permitting 5,000.00$ Design Plans and Specifications 24,000.00$ Construction Management 35,000.00$ Construction 1,161,500.00$ Project Close Out 5,000.00$ 1,236,000.00$Total: Template Version 12/10/2020 AGENDA ITEM #6. d) Page 19 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%927,000.00 1,236,000.00309,000.0025.00SFAP Total $$309,000.00 927,000.00 $1,236,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account . “Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Centennial Clean Water Program” means the state program funded from various state sources . “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 20 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred . “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge . “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT . “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. “Equivalency” means projects designated by ECOLOGY to meet additional federal requirements . “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued . “Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower . “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 21 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton “Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan . “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes . “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents . “Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed . This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project . Template Version 12/10/2020 AGENDA ITEM #6. d) Page 22 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement . “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. “Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for ECOLOGY grant or loan funding. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: Template Version 12/10/2020 AGENDA ITEM #6. d) Page 23 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY , on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance . 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 24 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring . f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section Template Version 12/10/2020 AGENDA ITEM #6. d) Page 25 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from ECOLOGY’s Financial Manager upon request . G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request . I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes , ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY : 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. (This form is used for Section 319 funds only) 2. “Section 319 Initial Data Reporting” form in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this Template Version 12/10/2020 AGENDA ITEM #6. d) Page 26 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton agreement can be signed by Ecology. This form is used to gather general information about the project for EPA . B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .” B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act . C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an Template Version 12/10/2020 AGENDA ITEM #6. d) Page 27 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Unique Entity Identifier (UEI) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a UEI number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration , and more frequently if information changes.? F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 28 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request . Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections . The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this Template Version 12/10/2020 AGENDA ITEM #6. d) Page 29 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences , meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective . This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY : 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT’s Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for SRF Equivalency projects only) 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL (Only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding) 8. State Environmental Review Process (SERP) Documentation (Required for facility projects only) A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which would cause a violation of any covenant, condition, or provision herein. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 30 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States . Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision . C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website . F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide . The signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility -project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of Template Version 12/10/2020 AGENDA ITEM #6. d) Page 31 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the term of this loan “Loan Term” as outlined in this agreement . J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants , agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT . 4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute Template Version 12/10/2020 AGENDA ITEM #6. d) Page 32 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever . 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it . 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default . 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan . Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies . Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager . No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement . 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this Template Version 12/10/2020 AGENDA ITEM #6. d) Page 33 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office . K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations . Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the Template Version 12/10/2020 AGENDA ITEM #6. d) Page 34 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verify that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of Ecology. This includes but is not limited to: - The Davis-Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 35 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment . Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system . 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient Template Version 12/10/2020 AGENDA ITEM #6. d) Page 36 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement . The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges . Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, Template Version 12/10/2020 AGENDA ITEM #6. d) Page 37 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property . Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined . T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user-charge system will include provisions for a connection charge . In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set Template Version 12/10/2020 AGENDA ITEM #6. d) Page 38 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form . ·Receives more than $30,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; Template Version 12/10/2020 AGENDA ITEM #6. d) Page 39 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities ). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 40 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered , disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 41 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 42 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 43 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 44 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING Template Version 12/10/2020 AGENDA ITEM #6. d) Page 45 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 46 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 AGENDA ITEM #6. d) Page 47 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no Template Version 12/10/2020 AGENDA ITEM #6. d) Page 48 of 48State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-Renton-00022 Burnett and Williams Water Quality Retrofit City of Renton event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 AGENDA ITEM #6. d) 2,400400 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. WGS_1984_Web_Mercator_Auxiliary_Sphere Notes 3/30/2023 Legend 272 136 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet2720 City and County Labels Parcels City and County Boundary <all other values> Renton Network Structures Access Riser Inlet Manhole Utility Vault Clean Out Unknown Control Structure Pump Station Discharge Point Water Quality Detention Facilities Pond Tank Vault Bioswale Wetland Other Surface Water Main Culvert Open Drains Virtual Drainline Facility Outline Private Network Structures Access Riser Inlet Manhole Clean Out Utility Vault Unknown Private Control Structure Private Pump Station Private Discharge Point Private Water Quality Private Detention Facilities Tank, No Stormwater Wetland, No; Natural Wetland, No Filter Strip, No Infiltration Trench, No Vault, No Pond, No; Pond, Unknown S 2nd StS 2nd St Burnett Ave SWilliams Ave SWells Ave SLogan Ave SS Tobin St S Tillicum St S Riverside DrN Riverside DrN 1st StProject Area Exhibit B - Project Map Burnett and Williams Water Quality Retrofit Project Parcels Project Area Existing City of Renton Surface Water Infrastructure Existing Private Surface Water Infrastructure Proposed City of Renton Surface Water Infrastructure -All linework is approximate and shown for reference only. -Only surface water infrastructure shown for clarity. -Proposed linework based on file provided by design consultant on 02/23/2023, final design may vary.Cedar RiverAGENDA ITEM #6. d) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEARS 2023/2024 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 6088, BY INCREASING THE BUDGETED REVENUES AND EXPENDITURES BY $82,819,219 AND $205,500,724 RESPECTIVELY, AMENDING THE 2023 SALARY TABLE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 14, 2022, the City Council adopted Ordinance No. 6088 adopting the City of Renton’s 2023/2024 Biennial Budget; and WHEREAS, funds appropriated in 2022, but not expended in 2022 due to capital project interruptions and delays in invoice payments, need to be carried forward and appropriated for expenditure in 2023 requiring an adjustment to the 2023/2024 Biennial Budget; and WHEREAS, minor corrections and the recognition of grants, contributions and associated costs, and new cost items not previously included in the budget require additional adjustments to the 2023/2024 Biennial Budget; and WHEREAS, it is necessary to adopt an amended 2023 City of Renton Salary Table to add longevity premium to Chief Administrative Officer, Deputy Chief Administrative Officer, Police Chief, Police Deputy Chief and Administrator positions, to add the Inspecting Arborist position previously approved by Council, and to make housekeeping changes to align AFSCME Local 2170 position titles with those included in the current collective bargaining agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The City of Renton’s 2023/2024 Biennial Budget, originally adopted by Ordinance No. 6088 is hereby amended to increase revenues by $82,819,219, for an amended AGENDA ITEM # 8. a) ORDINANCE NO. ________ 2 total revenues of $667,283,601 over the biennium, and increase expenditures by $205,500,724 for an amended total expenditures of $786,697,152 over the biennium. SECTION II. The City Council hereby adopts the amended 2023/2024 Biennial Budget. The 2023 Carry Forward/1st Quarter Budget Adjustment Summary by Fund is attached as Exhibit A and the 2024 Adjusted Budget Summary by Fund is attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. The City Council hereby amends the 2023 City of Renton Salary Table as set forth in Exhibit C with such amendments to take effect on May 16, 2023. The amended Salary Table is intended to be consistent with all applicable collective bargaining agreements. In the event of conflicts, applicable collective bargaining agreements control. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023. __________________________ Jason A. Seth, City Clerk AGENDA ITEM # 8. a) ORDINANCE NO. ________ 3 APPROVED BY THE MAYOR this _______ day of _____________________, 2023. __________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-FIN:2262:04.06.22 AGENDA ITEM # 8. a) ORDINANCE NO. ________ 4 EXHIBIT A 2023 CARRY FORWARD/ 1ST QUARTER BUDGET ADJUSTMENT SUMMARY BY FUND BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2023 Beg Fund Bal Changes 2023 Adj Fund Bal 2023 Budgeted Revenue Changes 2023 Adjusted Revenue 2023 Budgeted Expenditure Changes 2023 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND 62,921,276 20,684,702 83,605,978 125,712,830 5,968,708 131,681,538 128,494,420 8,767,568 137,261,989 78,025,527 (13,480,959) 64,544,568 110 SPECIAL HOTEL-MOTEL TAX 335,214 377,170 712,384 200,000 - 200,000 - 454,616 454,616 457,768 457,768 127 CABLE COMMUNICATIONS DEVELOPMENT 328,710 124,437 453,147 57,674 - 57,674 97,674 63,912 161,586 349,235 349,235 130 HOUSING AND SUPPORTIVE SERVICES 4,951,729 1,158,661 6,110,390 3,500,000 - 3,500,000 - 3,000,000 3,000,000 6,610,390 6,610,390 135 SPRINGBROOK WETLANDS BANK 414,630 39,998 454,628 - - - 40,000 - 40,000 414,628 414,628 140 POLICE SEIZURE - 339,814 339,814 - - - - 339,814 339,814 - - 141 POLICE CSAM SEIZURE - 172,804 172,804 - - - - 172,804 172,804 - - 215 GENERAL GOVERNMENT MISC DEBT SVC 5,410,174 (147,509) 5,262,665 3,660,280 2,094,742 5,755,022 3,465,948 2,099,742 5,565,690 5,451,997 (2,717,575) 2,734,422 303 COMMUNITY SERVICES IMPACT MITIGATION 1,439,298 156,091 1,595,389 86,500 - 86,500 50,000 900,000 950,000 731,889 731,889 305 TRANSPORTATION IMPACT MITIGATION 6,352,476 611,535 6,964,011 1,780,000 - 1,780,000 750,000 5,035,897 5,785,897 2,958,114 2,958,114 308 REET1 1,228,121 1,821,590 3,049,711 2,300,000 - 2,300,000 - 2,500,000 2,500,000 2,849,711 2,849,711 309 REET2 4,152,027 1,867,934 6,019,961 2,300,000 - 2,300,000 3,403,625 - 3,403,625 4,916,336 4,916,336 31X SCHOOL DISTRICT IMPACT MITIGATION 12 (12) - 995,000 - 995,000 995,000 - 995,000 - - - 316 MUNICIPAL FACILITIES CIP 7,874 24,663,510 24,671,384 1,390,000 10,227,871 11,617,871 1,390,000 34,801,473 36,191,473 97,782 97,782 317 CAPITAL IMPROVEMENT 1,182,366 11,379,609 12,561,975 2,962,000 39,532,135 42,494,135 2,962,000 51,297,973 54,259,973 796,138 796,138 346 NEW FAMILY FIRST CENTER DEVELOPMENT 3,303,320 (508,025) 2,795,295 - 3,337,000 3,337,000 - 2,733,827 2,733,827 3,398,468 3,398,468 402 AIRPORT OPERATIONS & CIP 1,805,109 7,120,581 8,925,690 3,051,767 1,479,233 4,531,000 2,387,494 7,143,686 9,531,180 3,925,510 (242,677) 3,682,833 403 SOLID WASTE UTILITY 2,601,354 1,349,837 3,951,191 25,173,583 360,168 25,533,751 25,764,434 211,535 25,975,969 3,508,974 (400,000) 3,108,974 404 GOLF COURSE SYSTEM & CAPITAL 996,675 613,252 1,609,927 3,230,125 - 3,230,125 2,956,476 348,098 3,304,574 1,535,478 (718,815) 816,663 405 WATER OPERATIONS & CAPITAL 13,358,184 34,849,892 48,208,076 19,317,468 1,472,037 20,789,505 17,876,995 34,361,133 52,238,128 16,759,453 (3,117,354) 13,642,099 406 WASTEWATER OPERATIONS & CAPITAL 7,157,569 15,693,301 22,850,870 12,064,965 - 12,064,965 10,911,188 14,533,914 25,445,102 9,470,734 (1,636,588) 7,834,146 407 SURFACE WATER OPERATIONS & CAPITAL 16,256,314 12,058,441 28,314,755 13,071,590 13,547,110 26,618,700 17,120,975 23,606,375 40,727,350 14,206,106 (2,000,081) 12,206,025 416 KING COUNTY METRO 3,764,012 2,473,130 6,237,142 19,358,929 - 19,358,929 19,358,929 814,882 20,173,811 5,422,260 (380,000) 5,042,260 501 EQUIPMENT RENTAL 9,328,855 3,948,780 13,277,635 6,738,394 3,022,000 9,760,394 5,296,129 3,954,762 9,250,890 13,787,139 (13,787,139) - 502 INSURANCE 22,166,075 1,054,945 23,221,020 4,997,328 - 4,997,328 5,850,375 1,074,639 6,925,014 21,293,334 (16,741,439) 4,551,896 503 INFORMATION SERVICES 2,909,609 6,111,734 9,021,343 8,480,026 324,240 8,804,266 8,088,332 5,609,067 13,697,399 4,128,211 (2,326,091) 1,802,120 504 FACILITIES 626,672 311,250 937,922 6,952,137 110,000 7,062,137 6,808,241 292,431 7,100,672 899,387 899,387 505 COMMUNICATIONS 134,168 294,556 428,724 1,593,402 - 1,593,402 1,610,237 54,813 1,665,050 357,076 357,076 512 HEALTHCARE INSURANCE 6,478,458 457,186 6,935,644 15,702,716 420,500 16,123,216 15,203,573 (6,412) 15,197,161 7,861,699 (4,559,148) 3,302,551 522 LEOFF1 RETIREES HEALTHCARE 19,446,038 482,754 19,928,792 1,885,000 150,000 2,035,000 1,369,791 43 1,369,834 20,593,958 (20,593,958) - 304 FIRE IMPACT MITIGATION 2,759,099 (34,912) 2,724,187 400,000 - 400,000 500,635 2,623,552 3,124,187 - - - 611 FIREMENS PENSION 8,460,708 273,083 8,733,791 400,000 - 400,000 253,475 - 253,475 8,880,316 (8,880,316) - Total Other Funds 147,354,850 129,115,417 276,470,267 161,648,884 76,077,037 237,725,921 154,511,525 198,022,576 352,534,100 161,662,088 (78,101,179) 83,560,909 TOTAL ALL FUNDS 210,276,126 149,800,120 360,076,246 287,361,714 82,045,744 369,407,459 283,005,945 206,790,144 489,796,089 239,687,615 (91,582,138) 148,105,477 CARRY FORWARD 59,783,338 CARRY FORWARD 167,021,192 NEW 22,262,407 NEW 39,748,952 AGENDA ITEM # 8. a) ORDINANCE NO. ________ 5 EXHIBIT B 2024 BUDGET ADJUSTMENT SUMMARY BY FUND BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2024 Beg Fund Bal Changes 2024 Adj. Fund Bal 2024 Budgeted Revenue Changes 2024 Adjusted Revenue 2024 Budgeted Expenditure Changes 2024 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND 60,139,686 17,885,841 78,025,527 129,222,613 1,060,198 130,282,811 131,892,633 1,196,835 133,089,468 75,218,870 (13,147,157) 62,071,712 110 SPECIAL HOTEL-MOTEL TAX 535,214 (77,446) 457,768 200,000 - 200,000 - - - 657,768 657,768 127 CABLE COMMUNICATIONS DEVELOPMENT 288,710 60,525 349,235 57,674 - 57,674 97,674 - 97,674 309,235 309,235 130 HOUSING AND SUPPORTIVE SERVICES 8,451,729 (1,841,339) 6,610,390 3,500,000 - 3,500,000 - - - 10,110,390 10,110,390 135 SPRINGBROOK WETLANDS BANK 374,630 39,998 414,628 - - - 40,000 - 40,000 374,628 374,628 140 POLICE SEIZURE - - - - - - - - - - - 141 POLICE CSAM SEIZURE - - - - - - - - - - - 215 GENERAL GOVERNMENT MISC DEBT SVC 5,604,506 (152,509) 5,451,997 3,654,052 (500,635) 3,153,417 3,461,325 (500,635) 2,960,690 5,644,724 (2,717,575) 2,927,149 303 COMMUNITY SERVICES IMPACT MITIGATION 1,475,798 (743,909) 731,889 86,500 - 86,500 450,000 - 450,000 368,389 368,389 305 TRANSPORTATION IMPACT MITIGATION 7,382,476 (4,424,362) 2,958,114 1,780,000 - 1,780,000 100,000 - 100,000 4,638,114 4,638,114 308 REET 1 3,528,121 (678,410) 2,849,711 2,300,000 - 2,300,000 2,000,000 (2,000,000) - 5,149,711 5,149,711 309 REET 2 3,048,402 1,867,934 4,916,336 2,300,000 - 2,300,000 4,183,425 - 4,183,425 3,032,911 3,032,911 31X SCHOOL DISTRICT IMPACT MITIGATION 12 (12) - 995,000 - 995,000 995,000 - 995,000 - - - 316 MUNICIPAL FACILITIES CIP 7,874 89,908 97,782 3,279,000 (1,700,000) 1,579,000 3,279,000 (1,700,000) 1,579,000 97,782 97,782 317 CAPITAL IMPROVEMENT 1,182,366 (386,228) 796,138 2,889,000 - 2,889,000 2,889,000 - 2,889,000 796,138 796,138 346 NEW FAMILY FIRST CENTER DEVELOPMENT 3,303,320 95,148 3,398,468 - - - - - - 3,398,468 3,398,468 402 AIRPORT OPERATIONS & CIP 2,469,382 1,456,128 3,925,510 3,051,767 1,307,522 4,359,289 2,717,688 28,236 2,745,924 5,538,875 (249,592) 5,289,282 403 SOLID WASTE UTILITY 2,010,503 1,498,471 3,508,974 25,653,540 - 25,653,540 26,533,964 - 26,533,964 2,628,550 (400,000) 2,228,550 404 GOLF COURSE SYSTEM & CAPITAL 1,270,324 265,154 1,535,478 3,393,390 - 3,393,390 3,219,586 - 3,219,586 1,709,282 (752,092) 957,190 405 WATER OPERATIONS & CAPITAL 14,798,657 1,960,796 16,759,453 19,426,094 - 19,426,094 18,379,101 3,508 18,382,609 17,802,937 (3,137,964) 14,664,973 406 WASTEWATER OPERATIONS & CAPITAL 8,311,346 1,159,388 9,470,734 12,482,929 - 12,482,929 13,527,035 3,508 13,530,543 8,423,119 (1,677,369) 6,745,751 407 SURFACE WATER OPERATIONS & CAPITAL 12,206,929 1,999,177 14,206,106 13,649,208 - 13,649,208 17,210,436 3,510 17,213,946 10,641,368 (2,018,942) 8,622,426 416 KING COUNTY METRO 3,764,012 1,658,248 5,422,260 20,574,428 - 20,574,428 20,574,428 814,882 21,389,310 4,607,378 (380,000) 4,227,378 501 EQUIPMENT RENTAL 10,771,120 3,016,019 13,787,139 6,488,938 - 6,488,938 5,268,801 - 5,268,801 15,007,276 (15,007,276) - 502 INSURANCE 21,313,028 (19,694) 21,293,334 4,982,048 - 4,982,048 5,781,370 1,074,842 6,856,212 19,419,170 (17,770,736) 1,648,434 503 INFORMATION SERVICES 3,301,303 826,908 4,128,211 8,599,927 32,050 8,631,977 8,214,969 50,138 8,265,108 4,495,080 (2,326,091) 2,168,990 504 FACILITIES 770,568 128,819 899,387 7,140,274 3,840 7,144,114 7,048,260 (127,468) 6,920,791 1,122,710 1,122,710 505 COMMUNICATIONS 117,333 239,743 357,076 1,664,767 - 1,664,767 1,664,329 1,106 1,665,435 356,409 356,409 512 HEALTHCARE INSURANCE 6,977,601 884,098 7,861,699 16,941,518 420,500 17,362,018 16,438,962 (37,331) 16,401,631 8,822,086 (4,920,489) 3,901,596 522 LEOFF1 RETIREES HEALTHCARE 19,961,247 632,711 20,593,958 2,010,000 150,000 2,160,000 1,478,386 84 1,478,470 21,275,488 (21,275,488) - 304 FIRE IMPACT MITIGATION 2,658,464 (2,658,464) - 400,000 - 400,000 500,635 (100,635) 400,000 - - - 611 FIREMENS PENSION 8,607,233 273,083 8,880,316 380,000 - 380,000 244,475 - 244,475 9,015,841 (9,015,841) - Total Other Funds 154,492,208 7,169,880 161,662,088 167,880,055 (286,723) 167,593,331 166,297,851 (2,486,255) 163,811,595 165,443,825 (81,649,455) 83,794,370 TOTAL ALL FUNDS 214,631,894 25,055,721 239,687,615 297,102,667 773,475 297,876,142 298,190,483 (1,289,420) 296,901,063 240,662,694 (94,796,613) 145,866,082 2 year total 584,464,381 82,819,219 667,283,601 581,196,428 205,500,724 786,697,152 240,662,694 (94,796,613) 145,866,082 AGENDA ITEM # 8. a) ORDINANCE NO. ________ 6 EXHIBIT C 2023 CITY OF RENTON SALARY TABLE (AMENDED) AGENDA ITEM # 8. a) 4.5% Grade Code Position Title Monthly Annual Monthly Annual e10 1030 Mayor (1)16,681 200,172 16,681 200,172 e09 1005 City Council President (2)(7)2,050 24,600 e09 1000 City Council Members (2)1,750 21,000 e08 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 14,029 168,348 e11 1020 Municipal Court Judge (6) Salary established pursuant to RMC 3-10-2.E m53 1035 Chief Administrative Officer (3)15,110 181,320 15,880 190,560 16,681 200,172 17,523 210,276 18,401 220,812 m52 14,740 176,880 15,486 185,832 16,277 195,324 17,100 205,200 17,955 215,460 m51 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 17,523 210,276 m50 14,029 168,348 14,740 176,880 15,486 185,832 16,277 195,324 17,100 205,200 m49 1400 City Attorney (3)13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m49 1109 Parks & Recreation Administrator (3)13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m49 1105 Community & Economic Development Administrator (3)13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m49 1036 Deputy Chief Administrative Officer (3)13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m49 1108 Finance Administrator (3)13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m49 1107 Equity, Housing & Human Services Administrator (3)13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m49 1104 Human Resources & Risk Mgmt Administrator (3)13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m49 1110 Judicial Administrative Officer 13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m49 1103 Public Works Administrator (3)13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m49 1201 Police Chief (3)13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 16,681 200,172 m48 13,355 160,260 14,029 168,348 14,740 176,880 15,486 185,832 16,277 195,324 m47 13,031 156,372 13,692 164,304 14,381 172,572 15,110 181,320 15,880 190,560 m46 1535 Police Deputy Chief (4)12,712 152,544 13,355 160,260 14,029 168,348 14,740 176,880 15,486 185,832 m46 1405 Prosecution Director 12,712 152,544 13,355 160,260 14,029 168,348 14,740 176,880 15,486 185,832 m45 12,403 148,836 13,031 156,372 13,692 164,304 14,381 172,572 15,110 181,320 m44 12,102 145,224 12,712 152,544 13,355 160,260 14,029 168,348 14,740 176,880 m43 1501 Economic Development Director 11,803 141,636 12,403 148,836 13,031 156,372 13,692 164,304 14,381 172,572 m42 2031 Police Commander (5)11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 14,029 168,348 m42 1401 Sr Assistant City Attorney 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 14,029 168,348 m41 1210 Fiscal Services Director 11,238 134,856 11,803 141,636 12,403 148,836 13,031 156,372 13,692 164,304 m41 1212 Information Technology Director 11,238 134,856 11,803 141,636 12,403 148,836 13,031 156,372 13,692 164,304 m40 2178 Airport Director 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 m40 2373 Development Engineering Director 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 m40 1575 Development Services Director 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 m40 1207 Facilities Director 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 m40 1571 Maintenance Services Director 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 m40 1502 Planning Director 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 m40 1572 Transportation Systems Director 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 m40 1570 Utility Systems Director 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 m39 1208 Parks Planning and Natural Resources Director 10,697 128,364 11,238 134,856 11,803 141,636 12,403 148,836 13,031 156,372 m38 1215 City Clerk/Public Records Officer 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 m38 1204 Communications Director 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 m38 2044 Emergency Management Director 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 m38 2463 HR Labor Relations & Compensation Manager 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 m38 1406 Lead Prosecutor 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 m38 8084 Parks and Trails Director 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 m38 1214 Recreation Director 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 12,712 152,544 m37 2418 Application Support Manager 10,185 122,220 10,697 128,364 11,238 134,856 11,803 141,636 12,403 148,836 m37 2579 Equity Manager 10,185 122,220 10,697 128,364 11,238 134,856 11,803 141,636 12,403 148,836 Wage Adjustment 2023 CITY OF RENTON SALARY TABLE NON-REPRESENTED Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E ELECTED OFFICIALS MANAGEMENT & SUPERVISORY (NON-UNION) AGENDA ITEM # 8. a) 4.5% Grade Code Position Title Monthly Annual Monthly Annual Wage Adjustment 2023 CITY OF RENTON SALARY TABLE NON-REPRESENTED Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E m37 2175 ITS and Maintenance Manager 10,185 122,220 10,697 128,364 11,238 134,856 11,803 141,636 12,403 148,836 m37 2176 Transportation Design Manager 10,185 122,220 10,697 128,364 11,238 134,856 11,803 141,636 12,403 148,836 m37 2075 Transportation Operations Manager 10,185 122,220 10,697 128,364 11,238 134,856 11,803 141,636 12,403 148,836 m37 2177 Transportation Planning Manager 10,185 122,220 10,697 128,364 11,238 134,856 11,803 141,636 12,403 148,836 m37 2172 Utility Engineering Manager 10,185 122,220 10,697 128,364 11,238 134,856 11,803 141,636 12,403 148,836 m36 5015 Budget & Accounting Manager 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 m36 2024 Construction Engineering Manager 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 m36 2021 Current Planning Manager 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 m36 2073 Development Engineering Manager 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 m36 2501 Economic Development Assistant Director 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 m36 2020 Long Range Planning Manager 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 m36 1579 Redevelopment Manager 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 12,102 145,224 m35 1402 Assistant City Attorney 9,689 116,268 10,185 122,220 10,697 128,364 11,238 134,856 11,803 141,636 m34 2407 GIS Manager 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 m34 2462 Human Resources Benefits Manager 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 m34 2413 Network Systems Manager 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 m34 2460 Organizational Development Manager 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 m34 2409 Risk Manager 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 11,517 138,204 m33 1578 Community Development & Housing Manager 9,222 110,664 9,689 116,268 10,185 122,220 10,697 128,364 11,238 134,856 m33 2379 Sustainability & Solid Waste Manager 9,222 110,664 9,689 116,268 10,185 122,220 10,697 128,364 11,238 134,856 m33 3072 Water Maintenance Manager 9,222 110,664 9,689 116,268 10,185 122,220 10,697 128,364 11,238 134,856 m32 4480 Capital Projects Manager 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 m32 1577 Economic Development Manager 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 m32 3073 Fleet Manager 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 m32 1522 Human Services Manager 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 m32 4470 Parks Planning Manager 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 m32 3071 Street Maintenance Manager 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 m32 3083 Urban Forestry and Natural Resources Manager 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 m32 3070 Waste Water/Special Operations Manager 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 10,965 131,580 m31 3086 Facilities Manager 8,779 105,348 9,222 110,664 9,689 116,268 10,185 122,220 10,697 128,364 m31 8010 Parks Maintenance Manager 8,779 105,348 9,222 110,664 9,689 116,268 10,185 122,220 10,697 128,364 m30 4143 Comms & Community Engagement Manager 8,565 102,780 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 m30 2033 Police Manager 8,565 102,780 8,996 107,952 9,449 113,388 9,934 119,208 10,436 125,232 m29 2202 Communications Manager 8,350 100,200 8,779 105,348 9,222 110,664 9,689 116,268 10,185 122,220 m29 3084 Golf Course Manager 8,350 100,200 8,779 105,348 9,222 110,664 9,689 116,268 10,185 122,220 m29 1404 Prosecuting Attorney 8,350 100,200 8,779 105,348 9,222 110,664 9,689 116,268 10,185 122,220 m29 2087 Recreation Manager 8,350 100,200 8,779 105,348 9,222 110,664 9,689 116,268 10,185 122,220 m28 6031 Financial Operations Manager 8,154 97,848 8,565 102,780 8,996 107,952 9,449 113,388 9,934 119,208 m28 5254 Permit Services Manager 8,154 97,848 8,565 102,780 8,996 107,952 9,449 113,388 9,934 119,208 m28 1116 Tax & Licensing Manager 8,154 97,848 8,565 102,780 8,996 107,952 9,449 113,388 9,934 119,208 m27 3011 Enterprise Content Manager 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 9,689 116,268 m27 1310 Grants Program Manager 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 9,689 116,268 m27 2578 Housing Programs Manager 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 9,689 116,268 m27 2091 Museum Manager 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 9,689 116,268 m26 7,759 93,108 8,154 97,848 8,565 102,780 8,996 107,952 9,449 113,388 m25 2086 Head Golf Professional 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 m25 2562 Senior Benefits Analyst 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 m25 2563 Senior Employee Relations Analyst 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 m25 2410 Senior Finance Analyst 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 m25 2561 Senior Risk Management Analyst 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 m25 2380 Solid Waste Program Manager 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 9,222 110,664 m24 5112 Deputy City Clerk/Public Records Officer 7,389 88,668 7,759 93,108 8,154 97,848 8,565 102,780 8,996 107,952 m23 3562 Benefits Analyst 7,201 86,412 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 m23 3563 Employee Relations Analyst 7,201 86,412 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 m23 2080 Recreation Supervisor 7,201 86,412 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 m23 2461 Risk Management Analyst 7,201 86,412 7,570 90,840 7,953 95,436 8,350 100,200 8,779 105,348 m22 2400 Community Events Coordinator 7,032 84,384 7,389 88,668 7,759 93,108 8,154 97,848 8,565 102,780 AGENDA ITEM # 8. a) 4.5% Grade Code Position Title Monthly Annual Monthly Annual Wage Adjustment 2023 CITY OF RENTON SALARY TABLE NON-REPRESENTED Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E m22 1510 Court Services Supervisor 7,032 84,384 7,389 88,668 7,759 93,108 8,154 97,848 8,565 102,780 m22 3461 Employee Health & Safety Coordinator 7,032 84,384 7,389 88,668 7,759 93,108 8,154 97,848 8,565 102,780 m22 8007 Golf Course Supervisor 7,032 84,384 7,389 88,668 7,759 93,108 8,154 97,848 8,565 102,780 m21 6103 City Council Liaison 6,857 82,284 7,201 86,412 7,570 90,840 7,953 95,436 8,350 100,200 m21 6150 Executive Assistant 6,857 82,284 7,201 86,412 7,570 90,840 7,953 95,436 8,350 100,200 m21 2218 Senior Tax & Licensing Auditor 6,857 82,284 7,201 86,412 7,570 90,840 7,953 95,436 8,350 100,200 m20 3082 Inspecting Arborist 6,690 80,280 7,032 84,384 7,389 88,668 7,759 93,108 8,154 97,848 m19 6,530 78,360 6,857 82,284 7,201 86,412 7,570 90,840 7,953 95,436 m18 5416 Payroll Technician 3 6,366 76,392 6,690 80,280 7,032 84,384 7,389 88,668 7,759 93,108 m17 5000 Legal Analyst 6,215 74,580 6,530 78,360 6,857 82,284 7,201 86,412 7,570 90,840 n16 multiple Administrative Assistants (All Depts)6,038 72,456 6,343 76,116 6,654 79,848 6,996 83,952 7,345 88,140 n16 5118 Finance Analyst 3 6,038 72,456 6,343 76,116 6,654 79,848 6,996 83,952 7,345 88,140 n16 2217 Tax & Licensing Auditor 2 6,038 72,456 6,343 76,116 6,654 79,848 6,996 83,952 7,345 88,140 n15 5,881 70,572 6,185 74,220 6,496 77,952 6,826 81,912 7,175 86,100 n14 5,743 68,916 6,038 72,456 6,343 76,116 6,654 79,848 6,996 83,952 n13 5115 Finance Analyst 2 5,601 67,212 5,881 70,572 6,185 74,220 6,496 77,952 6,826 81,912 n13 2662 Human Resources Specialist 5,601 67,212 5,881 70,572 6,185 74,220 6,496 77,952 6,826 81,912 n13 5032 Payroll Technician 2 5,601 67,212 5,881 70,572 6,185 74,220 6,496 77,952 6,826 81,912 n13 2216 Tax & Licensing Auditor 1 5,601 67,212 5,881 70,572 6,185 74,220 6,496 77,952 6,826 81,912 n12 5,470 65,640 5,743 68,916 6,038 72,456 6,343 76,116 6,654 79,848 n11 2488 Assistant Golf Professional 5,332 63,984 5,601 67,212 5,881 70,572 6,185 74,220 6,496 77,952 n10 5114 Finance Analyst 1 5,204 62,448 5,470 65,640 5,743 68,916 6,038 72,456 6,343 76,116 n10 5216 Payroll Technician 1 5,204 62,448 5,470 65,640 5,743 68,916 6,038 72,456 6,343 76,116 n09 5,080 60,960 5,332 63,984 5,601 67,212 5,881 70,572 6,185 74,220 n08 4,952 59,424 5,204 62,448 5,470 65,640 5,743 68,916 6,038 72,456 n07 4,833 57,996 5,080 60,960 5,332 63,984 5,601 67,212 5,881 70,572 n06 4,713 56,556 4,952 59,424 5,204 62,448 5,470 65,640 5,743 68,916 n05 4,599 55,188 4,833 57,996 5,080 60,960 5,332 63,984 5,601 67,212 n04 4,489 53,868 4,713 56,556 4,952 59,424 5,204 62,448 5,470 65,640 n03 4,384 52,608 4,599 55,188 4,833 57,996 5,080 60,960 5,332 63,984 n02 4,277 51,324 4,489 53,868 4,713 56,556 4,952 59,424 5,204 62,448 n01 5138 Office Specialist 4,178 50,136 4,384 52,608 4,599 55,188 4,833 57,996 5,080 60,960 NON-UNION (CLERICAL, OTHER) AGENDA ITEM # 8. a) 4.5% Grade Code Position Title Monthly Annual Monthly Annual Wage Adjustment 2023 CITY OF RENTON SALARY TABLE NON-REPRESENTED Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E $6,937 Completion of 5 Yrs Completion of 10 Yrs Completion of 15 Yrs Completion of 20 Yrs Completion of 25 Yrs Completion of 30 Yrs (1)In addition to salary receives annual car allowance of $4800 or use of a city vehicle. Not eligible for longevity. (2) (3)Eligible for Longevity at the Non-Represented Longevity pay scale. Not eligible for Longevity/Education or Uniform Allowance. (4)Eligible for Longevity at the Non-Represented Longevity pay scale. Not eligible for Longevity/Education or Uniform Allowance. Eligible for 3% cash premium or 3% into deferred compensation per employee's discretion for passing physical fitness. (5)Receive Education/Longevity & Uniform Allowance based on Union Contract. Eligible for 3% deferred compensation for passing physical fitness. Eligible for P2 paid job injury leave based on Union Contract. (6)4 year term. Not eligible for longevity. (7) Council president to be paid $300/month above council members salary. for Management and Non-Represented employees; except for CAO receives 11% per year. 5% Step a14E $347 per month 6% Step a14E $416 per month 7% Step a14E $486 per month Council members salary set per Salary Commission effective 4/1/20. Council receives 2% of salary for deferred comp. If members are prohibited from participating in PERS, they receive an extra 1.4 % of salary for deferred compensation. Not eligible for longevity. The city contributes 4% of employee's base wage per year to a deferred compensation account Step a14, E = 3% Step a14E $208 per month 4% Step a14E $277 per month 2% Step a14E $139 per month NON-REPRESENTED LONGEVITY PAY as of 1/1/2023 AGENDA ITEM # 8. a) Wage Adjustment 4.5% Grade Code Position Title Monthly Annual Monthly Annual a40 10,796 129,552 11,335 136,020 11,910 142,920 12,515 150,180 13,146 157,752 a39 10,551 126,612 11,075 132,900 11,618 139,416 12,209 146,508 12,827 153,924 - a38 10,282 123,384 10,796 129,552 11,335 136,020 11,910 142,920 12,515 150,180 a37 10,046 120,552 10,551 126,612 11,075 132,900 11,618 139,416 12,209 146,508 a36 2428 Principal Civil Engineer 9,791 117,492 10,282 123,384 10,796 129,552 11,335 136,020 11,910 142,920 a35 9,557 114,684 10,046 120,552 10,551 126,612 11,075 132,900 11,618 139,416 a34 9,323 111,876 9,791 117,492 10,282 123,384 10,796 129,552 11,335 136,020 a33 2475 Civil Engineer 3 9,099 109,188 9,557 114,684 10,046 120,552 10,551 126,612 11,075 132,900 a32 2425 Utility/GIS Engineer 8,878 106,536 9,323 111,876 9,791 117,492 10,282 123,384 10,796 129,552 a31 2078 Assistant Airport Manager 8,655 103,860 9,099 109,188 9,557 114,684 10,046 120,552 10,551 126,612 a31 2022 Principal Planner 8,655 103,860 9,099 109,188 9,557 114,684 10,046 120,552 10,551 126,612 a31 2431 Structural Plans Examiner 8,655 103,860 9,099 109,188 9,557 114,684 10,046 120,552 10,551 126,612 a30 2512 Client Technology Sys & Support Super. 8,448 101,376 8,878 106,536 9,323 111,876 9,791 117,492 10,282 123,384 a30 2474 Civil Engineer 2 8,448 101,376 8,878 106,536 9,323 111,876 9,791 117,492 10,282 123,384 a29 2570 Program Development Coordinator 2 8,242 98,904 8,655 103,860 9,099 109,188 9,557 114,684 10,046 120,552 a29 2451 Senior Systems Analyst 8,242 98,904 8,655 103,860 9,099 109,188 9,557 114,684 10,046 120,552 a29 2179 ITS & Signal Maintenance Supervisor 8,242 98,904 8,655 103,860 9,099 109,188 9,557 114,684 10,046 120,552 a28 2422 Senior Planner 8,038 96,456 8,448 101,376 8,878 106,536 9,323 111,876 9,791 117,492 a28 2480 Capital Project Coordinator 8,038 96,456 8,448 101,376 8,878 106,536 9,323 111,876 9,791 117,492 a28 2416 Senior Network Systems Specialist 8,038 96,456 8,448 101,376 8,878 106,536 9,323 111,876 9,791 117,492 a27 2452 Senior Business Systems Analyst 7,844 94,128 8,242 98,904 8,655 103,860 9,099 109,188 9,557 114,684 a26 2473 Civil Engineer 1 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 9,323 111,876 a26 2506 GIS Analyst 3 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 9,323 111,876 a26 2417 Systems Analyst 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 9,323 111,876 a26 3473 Water Utility Maintenance Supervisor 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 9,323 111,876 a25 2481 Facilities Coordinator 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 9,099 109,188 a25 3484 Lead Electrical/Ctrl Systems Technician 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 9,099 109,188 a25 2470 Program Development Coordinator 1 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 9,099 109,188 a25 2170 Property Services Agent 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 9,099 109,188 a24 2420 Database Technician 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 a24 3450 Lead Building Inspector 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 a24 2430 Lead Code Compliance Inspector 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 a24 3468 Lead Construction Engineering Inspector 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 a24 2403 Senior Economic Development Specialist 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 a24 2419 Network Systems Specialist 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 a24 2476 Transportation Planner 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 8,878 106,536 a23 8475 Airport Ops & Maintenance Supervisor 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 2429 Building Plan Reviewer 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 2421 Business Systems Analyst 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 2472 Engineering Specialist 3 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 2505 GIS Analyst 2 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 8175 Pavement Management Technician 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 2450 Plan Reviewer 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 2484 Property Services Specialist 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 8001 Street Maintenance Services Supervisor 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 8002 Waste Water Maint. Services Supervisor 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a23 8000 Water Maintenance Services Supervisor 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 8,655 103,860 a22 5197 Neighborhood Program Coordinator 6,937 83,244 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 2023 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E AGENDA ITEM # 8. a) Wage Adjustment 4.5% Grade Code Position Title Monthly Annual Monthly Annual 2023 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E a22 5002 Senior Paralegal 6,937 83,244 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 a22 6129 Utility Accounts Supervisor 6,937 83,244 7,284 87,408 7,650 91,800 8,038 96,456 8,448 101,376 a21 2424 Associate Planner 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 3452 Building Inspector/Combination 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 3451 Building Inspector/Electrical 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 2016 Case Manager 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 2427 Code Compliance Inspector 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 2200 Communications Specialist 2 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 1924 Construction Engineering Inspector 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 8008 Custodial Maintenance Supervisor 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 5130 Emergency Management Coordinator 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 3089 Facilities Supervisor 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 5111 GIS Analyst 1 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 8006 Parks Maintenance Supervisor 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 3483 Signal/Electronics Systems Technician 3 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 8004 Traffic Signage & Marking Supervisor 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a21 8011 Water Meter Tech. Services Supervisor 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 8,242 98,904 a20 2079 Business Coordinator - Airport 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 8,038 96,456 a20 2402 Economic Development Specialist 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 8,038 96,456 a20 2487 Housing Repair Coordinator 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 8,038 96,456 a20 2489 Human Services Coordinator 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 8,038 96,456 a20 5013 Public Records Analyst 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 8,038 96,456 a19 6128 Accounting Supervisor 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 a19 2612 Client Technology Services Specialist 2 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 a19 7182 Electrical Technician 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 a19 3453 Energy Plans Reviewer 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 a19 2471 Engineering Specialist 2 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 a19 3485 HVAC Systems Technician 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 a19 7172 Lead Vehicle & Equipment Mechanic 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 a19 8178 Water Utility Instr./SCADA Technician 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 7,844 94,128 a18 3456 Development Services Representative 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 a18 5195 Farmers Market Coordinator 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 a18 2015 Probation Officer 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 a18 2083 Recreation Program Coordinator 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 a18 2381 Senior Sustainability Specialist 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 7,650 91,800 a17 2423 Assistant Planner 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 a17 8374 Maintenance Buyer 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 a17 5001 Paralegal 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 a17 5007 Public Records Specialist 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 a17 3482 Signal/Electronics Systems Technician 2 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 a17 3470 Water Quality/Treatment Plant Operator 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 a17 2205 Digital Communications Specialist 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 7,464 89,568 a16 8284 Lead Golf Course Maintenance Worker 5,984 71,808 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 a16 8074 Lead Maintenance Services Worker 5,984 71,808 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 a16 8080 Lead Parks Maintenance Worker 5,984 71,808 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 a16 5196 Program Assistant 5,984 71,808 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 a16 2382 Sustainability Specialist 5,984 71,808 6,284 75,408 6,597 79,164 6,937 83,244 7,284 87,408 a15 4014 City Clerk Specialist 2 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 2613 Client Technology Services Specialist 1 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 6167 Court Operations Specialist 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 7181 Facilities Technician 2 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 7184 Grounds Equipment Mechanic 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 8174 Lift Station Technician 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 5122 Planning Technician 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 5180 Senior Program Specialist 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 8574 Senior Traffic Maintenance Worker 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 7170 Vehicle & Equipment Mechanic 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 a15 3474 Water Utility Maintenance Technician 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 7,108 85,296 AGENDA ITEM # 8. a) Wage Adjustment 4.5% Grade Code Position Title Monthly Annual Monthly Annual 2023 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E a14 5161 Asset Management Systems Technician 5,692 68,304 5,984 71,808 6,284 75,408 6,597 79,164 6,937 83,244 a14 5160 Recreation Systems Technician 5,692 68,304 5,984 71,808 6,284 75,408 6,597 79,164 6,937 83,244 a13 8474 Airport Operations Specialist 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 a13 3471 Engineering Specialist 1 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 a13 7180 Facilities Technician 1 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 a13 3487 Housing Maintenance Technician 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 a13 5354 Permit Services Specialist 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 a13 7110 Print & Mail Supervisor 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 a13 5179 Program Specialist 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 a13 3481 Signal/Electronics Systems Technician 1 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 6,762 81,144 a12 2201 Communications Specialist 1 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 6,597 79,164 a12 8283 Golf Course Maintenance Worker 3 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 6,597 79,164 a12 6166 Judicial Specialist 2 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 6,597 79,164 a12 8173 Maintenance Services Worker 3 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 6,597 79,164 a12 8083 Parks Maintenance Worker 3 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 6,597 79,164 a12 8573 Traffic Maintenance Worker 2 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 6,597 79,164 a11 8473 Airport Maintenance Worker 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 a11 5014 City Clerk Specialist 1 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 a11 7173 Fleet Management Technician 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 a11 8183 Lead Maintenance Custodian 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 a11 6265 Payroll Analyst 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 a11 2486 Recreation Specialist 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 a11 8109 Water Meter System Specialist 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 6,435 77,220 a10 6164 Judicial Specialist/Trainer 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 a10 6165 Legal Assistant 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 a10 6263 Permit Technician 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 a10 6163 Probation Clerk 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 6,284 75,408 a09 6131 Accounting Assistant 4 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 a09 6151 Administrative Secretary 1 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 a09 8286 Golf Course Operations Assistant 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 a09 8070 Mechanic's Assistant 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 a09 2085 Recreation Assistant 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 6,127 73,524 a08 8282 Golf Course Maintenance Worker 2 4,908 58,896 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 a08 7126 Housing Repair Technician 4,908 58,896 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 a08 6162 Judicial Specialist 1 4,908 58,896 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 a08 6109 Lead Office Assistant 4,908 58,896 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 a08 8172 Maintenance Services Worker 2 4,908 58,896 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 a08 8082 Parks Maintenance Worker 2 4,908 58,896 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 a08 8375 Purchasing Assistant 4,908 58,896 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 a08 8572 Traffic Maintenance Worker 1 4,908 58,896 5,156 61,872 5,419 65,028 5,692 68,304 5,984 71,808 a07 6132 Accounting Assistant 3 4,789 57,468 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 a07 8184 Maintenance Custodian 4,789 57,468 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 a07 7112 Print & Mail Operator 4,789 57,468 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 a07 6142 Secretary 2 4,789 57,468 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 a07 8111 Water Meter Technician 4,789 57,468 5,030 60,360 5,285 63,420 5,551 66,612 5,830 69,960 a06 4,677 56,124 4,908 58,896 5,156 61,872 5,419 65,028 5,692 68,304 a05 6134 Accounting Assistant 2 4,560 54,720 4,789 57,468 5,030 60,360 5,285 63,420 5,551 66,612 a05 6130 Office Assistant 3 4,560 54,720 4,789 57,468 5,030 60,360 5,285 63,420 5,551 66,612 a05 6141 Secretary 1 4,560 54,720 4,789 57,468 5,030 60,360 5,285 63,420 5,551 66,612 a04 6160 Court Security Officer 4,451 53,412 4,677 56,124 4,908 58,896 5,156 61,872 5,419 65,028 a04 8281 Golf Course Maintenance Worker 1 4,451 53,412 4,677 56,124 4,908 58,896 5,156 61,872 5,419 65,028 a04 8181 Lead Custodian 4,451 53,412 4,677 56,124 4,908 58,896 5,156 61,872 5,419 65,028 a04 8171 Maintenance Services Worker 1 4,451 53,412 4,677 56,124 4,908 58,896 5,156 61,872 5,419 65,028 a04 8081 Parks Maintenance Worker 1 4,451 53,412 4,677 56,124 4,908 58,896 5,156 61,872 5,419 65,028 a04 6282 Pro Shop Assistant 4,451 53,412 4,677 56,124 4,908 58,896 5,156 61,872 5,419 65,028 a04 8576 Solid Waste Maintenance Worker 4,451 53,412 4,677 56,124 4,908 58,896 5,156 61,872 5,419 65,028 AGENDA ITEM # 8. a) Wage Adjustment 4.5% Grade Code Position Title Monthly Annual Monthly Annual 2023 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E a03 6136 Accounting Assistant 1 4,342 52,104 4,560 54,720 4,789 57,468 5,030 60,360 5,285 63,420 a03 6120 Office Assistant 2 4,342 52,104 4,560 54,720 4,789 57,468 5,030 60,360 5,285 63,420 a03 8079 Parks Maintenance Assistant 2 4,342 52,104 4,560 54,720 4,789 57,468 5,030 60,360 5,285 63,420 a03 7111 Print & Mail Assistant 4,342 52,104 4,560 54,720 4,789 57,468 5,030 60,360 5,285 63,420 a02 4,244 50,928 4,451 53,412 4,677 56,124 4,908 58,896 5,156 61,872 a01 8182 Custodian 4,133 49,596 4,342 52,104 4,560 54,720 4,789 57,468 5,030 60,360 a01 6281 Golf Course Associate 4,133 49,596 4,342 52,104 4,560 54,720 4,789 57,468 5,030 60,360 a01 6111 Office Assistant 1 4,133 49,596 4,342 52,104 4,560 54,720 4,789 57,468 5,030 60,360 a01 7079 Parks Maintenance Assistant 1 4,133 49,596 4,342 52,104 4,560 54,720 4,789 57,468 5,030 60,360 $6,937 Completion of 5 Yrs Completion of 10 Yrs Completion of 15 Yrs Completion of 20 Yrs Completion of 25 Yrs Completion of 30 Yrs The city contributes 1% of employee's base wage per year to a VEBA account. The city contributes 3% of employee's base wage per year to a deferred compensation account. (Article 14) 6% Step a14E $416 per month 7% Step a14E $486 per month per month LONGEVITY PAY Step a14, E = 2% Step a14E $139 per month 3% Step a14E $208 per month 4% Step a14E $277 per month 5% Step a14E $347 AGENDA ITEM # 8. a) POLICE DEPARTMENT - Commissioned Officers 5.0% Grade Code Monthly Annual Monthly Annual Police Chief See Management & Supervisory Matrix, Grade m49 Police Deputy Chief See Management & Supervisory Matrix, Grade m46 Police Commander See Management & Supervisory Matrix, Grade m42 pc61 3035 Sergeant*10,859 130,311 11,402 136,828 (15% over Police Officer)*Step increase at 24 months pc60 4131 Patrol Officer II 7,653 91,840 8,256 99,072 8,847 106,170 9,444 113,327 pc59 4130 Patrol Officer I 7,203 86,442 7,770 93,241 8,327 99,922 8,888 106,662 Percent Interpreters -------------------------------------------3% Detectives ------------------------------------------4% Traffic Assignment-------------------------------4% Motorcycle Assignment-----2% Canine Officer ------------------------------------4% Corporal Assignment --------------------------7.5% Field Training Officer ---------------------------4% Training Officer------------------------------------4% SWAT Assignment ---------------------------------4% SRO Assignment----------------------------------4% Civil Disturbance Unit ---------------------------Paid at rate of double time with 3 hrs minimum when called to emergency. Crisis Communication---------------------------Paid at rate of double time with 3 hrs Unit minimum when called to emergency. Percentage (of base wage) Percentage (of base wage) - - - - - Effective 1-1-18, Patrol Officer II and Sergeant had 6.25% added to their base pay to reflect the additional 109 hours worked in a calendar year. This is reflected in the ranges above. Effective January 1, 2008, Sergeants assigned to Investigation and Traffic Unit will not receive the 3% premium if they have been in the position of Sergeant for 24 months. NOTE: Please refer to the current labor agreement for specific information. AA Degree (90 credits)4% BA Degree/Masters Degree 6% The city contributes 2% of employee's wage base toward deferred compensation. (Appendix A.2.3) The city contributes 3% of employee's wage base toward deferred compensation for passing physical fitness. (Article 6.8.4, and Appendix A.2.4) Effective 1-1-2020, the city began contributing 1% of employee's wage base to a VEBA plan. (Article 14.11) Completion of 10 Yrs 4% Completion of 15 Yrs 6% Completion of 20 Yrs 10% Completion of 25 Yrs 12% Completion of 30 Yrs 14% MONTHLY EDUCATIONAL INCENTIVE PAY (Appendix B) Position Title HAZARD DUTY AND PREMIUM PAY (Article 6.7 and 6.8) MONTHLY LONGEVITY PAY (Appendix B) Years of Service Completion of 5 Yrs 2% Frozen Frozen 2023 CITY OF RENTON SALARY TABLE Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E Wage Adjustment AGENDA ITEM # 8. a) POLICE DEPARTMENT - Non-Commissioned Employees 5.0% Grade Code Position Title Monthly Annual Monthly Annual pn70 6,754 81,048 7,302 87,624 8,024 96,288 8,817 105,804 9,281 111,372 pn69 6,589 79,068 7,123 85,476 7,828 93,936 8,603 103,236 9,054 108,648 pn68 6,429 77,148 6,950 83,400 7,637 91,644 8,392 100,704 8,834 106,008 pn67 4140 Community Engagement Coord.6,272 75,264 6,781 81,372 7,451 89,412 8,187 98,244 8,618 103,416 pn66 6,118 73,416 6,615 79,380 7,269 87,228 7,988 95,856 8,407 100,884 pn65 5,969 71,628 6,453 77,436 7,092 85,104 7,793 93,516 8,203 98,436 pn64 5,823 69,876 6,296 75,552 6,918 83,016 7,603 91,236 8,002 96,024 pn63 5,682 68,184 6,143 73,716 6,749 80,988 7,417 89,004 7,808 93,696 pn62 6178 Police Services Specialist Supervisor 7,835 94,020 (15% above Specialist, Step E) pn61 4133 Electronic Home Detention Coord 5,538 66,456 5,976 71,712 6,581 78,972 7,235 86,820 7,595 91,140 pn60 4120 Crime Analyst 5,613 67,356 6,066 72,792 6,663 79,956 7,183 86,196 7,543 90,516 pn59 4121 Domestic Violence Victim Advocate 5,240 62,880 5,692 68,304 6,325 75,900 6,954 83,448 7,322 87,864 pn58 3432 Evidence Technician 5,284 63,408 5,703 68,436 6,276 75,312 6,904 82,848 7,260 87,120 pn57 6182 Police Services Specialist Lead 7,153 85,836 (5% above Specialist, Step E) pn56 4135 Animal Control Officer 4,983 59,796 5,388 64,656 5,924 71,088 6,514 78,168 6,842 82,104 pn54 6181 Police Services Specialist 4,963 59,556 5,361 64,332 5,901 70,812 6,490 77,880 6,813 81,756 pn53 6183 Police Secretary 4,304 51,648 4,645 55,740 5,116 61,392 5,629 67,548 5,906 70,872 pn53 4137 Parking Enforcement Officer 4,304 51,648 4,645 55,740 5,116 61,392 5,629 67,548 5,906 70,872 Interpreter Premium…………...……………………..…………….................….....……….…………….3% of base pay (Article 6.5.2) 2.5% of base pay (Article 6.5.3) 4% of base pay (Article 6.5.1) Double time with 3 hrs min (Article 6.4) NON- COMMISSIONED PREMIUM PAY (Articles 6.4 and 6.5) Public Records Act Premium……..…………………………………...............………………………… Field Training Officer, FTO (Police Service Specialist)…...............…………........… Crisis Communication Unit………..........…………………………..............…………..…...……… 2023 CITY OF RENTON SALARY TABLE Effective January 1, 2023 STEP A STEP B STEP C STEP D STEP E Wage Adjustment AGENDA ITEM # 8. a) POLICE DEPARTMENT - Non-Commissioned Employees 5.0% 2023 CITY OF RENTON SALARY TABLE Effective January 1, 2023 Wage Adjustment - Effective 1/1/2020, the city began contributing 1% of the employee's base wage to a VEBA plan. (Article 14.10) - The city contributes an additional 3% of employee's wage base toward deferred comp for passing physical fitness prior to beginning of each calendar year. (Article 6.8.3) Completion of 25 Yrs 12% Completion of 30 Yrs 14% MONTHLY EDUCATIONAL INCENTIVE PAY SCHEDULE (Appendix B.2) Percentage (of base wage) AA Degree (90 credits)4% BA/BS Degree or Masters Degree 6% - The city contributes 4.5% of the employee's base wage to a deferred comp account. (Appendix A.3) Completion of 10 Yrs 4% Completion of 15 Yrs 6% Completion of 20 Yrs 10% Completion of 5 Yrs 2% POLICE NON-COMMISSIONED- MONTHLY LONGEVITY INCENTIVE PAY SCHEDULE (Article 12, Appendix B.1) Years of Service Percentage (of base wage) AGENDA ITEM # 8. a) Grade STEP A STEP B STEP C STEP D STEP E h08 15.75 16.00 h09 16.25 16.50 16.75 17.00 17.25 h10 17.50 17.75 18.00 18.25 18.50 h11 18.75 19.00 19.25 19.50 19.75 h12 20.00 20.50 21.00 21.50 22.00 h13 22.50 23.00 23.50 24.00 24.50 h14 25.00 25.50 26.00 26.50 27.00 h15 27.50 28.00 28.50 29.00 29.50 h16 30.00 30.50 31.00 31.50 32.00 h17 32.50 33.00 33.50 34.00 34.50 h18 35.00 35.50 36.00 36.50 37.00 h19 37.50 38.00 38.50 39.00 39.50 h20 40.00 40.50 41.00 41.50 42.00 h21 42.25 42.50 42.75 43.00 43.25 h22 43.50 43.75 44.00 44.25 44.50 h23 45.00 45.50 46.00 46.50 47.00 h24 47.50 48.00 48.50 49.00 49.50 h25 50.00 51.00 52.00 53.00 54.00 h26 55.00 60.00 65.00 70.00 75.00 h27 80.00 85.00 90.00 95.00 100.00 h28 105.00 110.00 115.00 120.00 125.00 2023 CITY OF RENTON SALARY TABLE SUPPLEMENTAL EMPLOYEE WAGE TABLE AGENDA ITEM # 8. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI OF THE RENTON MUNICIPAL CODE BY ADDING CHAPTER 33, CREATING A NEW CRIME FOR EXPOSING MINOR CHILD TO DOMESTIC VIOLENCE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton recognizes that exposure to domestic violence can harm a child's emotional, psychological and even physical development; and WHEREAS, children exposed to violence are more likely to have difficulty in school, abuse drugs or alcohol, act aggressively, suffer from depression or other mental health problems and engage in criminal behavior as adults; and WHEREAS, in the City of Renton in 2022, one hundred ninety-four (194) children were exposed to domestic violence; and WHEREAS, the City of Renton seeks to reduce the impact of domestic violence incidents on all victims and witnesses, including minor children who are present when domestic violence occurs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Title VI of the Renton Municipal Code is amended to add chapter 33, entitled Exposing Minor Child to Domestic Violence, to read as follows: AGENDA ITEM # 8. a) ORDINANCE NO. ________ 2 CHAPTER 33 EXPOSING MINOR CHILD TO DOMESTIC VIOLENCE SECTION: 6-33-1: Purpose 6-33-2: Definitions 6-33-2: Exposing Minor Child to Domestic Violence 6-33-3: Nonmerger of Domestic Violence Crimes 6-33-1 PURPOSE: It is the intent of this chapter to acknowledge the detrimental effects that witnessing domestic violence has on minor children, and to punish those who perpetuate a cycle of domestic violence by committing acts of domestic violence that are witnessed by minor children. This chapter is intended to add additional punishment to violators who commit crimes of domestic violence if those crimes are witnessed by children. 6-33-2 DEFINITIONS A. “Domestic violence” shall have the same meaning set forth in Chapter 10.99 RCW or as may be amended. B. “Immediate presence” means within sight of, within earshot of, or within the same room or cavity of a building, dwelling, vehicle, or other property. C. “Minor child” means a person of less than eighteen (18) years of age at the time of the violation. 6-33-2 EXPOSING MINOR CHILD TO DOMESTIC VIOLENCE: AGENDA ITEM # 8. a) ORDINANCE NO. ________ 3 A. A person commits the crime of exposing a minor child to domestic violence when he or she commits a crime of domestic violence, as defined by RCW 10.99.020, while knowingly in the immediate presence of a minor child. B. Exposing a minor child to domestic violence is a gross misdemeanor. Any person convicted of this crime shall be sentenced to not less than thirty (30) days in jail. If the person convicted is sentenced to less than the maximum statutory sentence of three hundred and sixty-four (364) days in jail, the court shall place the defendant under court supervision and the court shall impose conditions of sentencing that include: successful completion of a Domestic Violence Victims Impact Panel, and an evidence-based treatment program, such as Domestic Violence Moral Recognition Treatment (DV-MRT). 6-33-3 NONMERGER OF DOMESTIC VIOLENCE CRIMES: Every person who, in the commission of a crime of domestic violence, shall commit any other crime(s), may be punished for the other crime(s) as well as for the crime of domestic violence, and may be prosecuted for each crime separately. SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 4 SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. This ordinance shall be in full force and effect June 1, 2023. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2023. __________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-PD:2255:3/13/23 AGENDA ITEM # 8. a)