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Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, June 5, 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. PROCLAMATION a) LGBTQIA + Pride Month - June 2023 4. SPECIAL PRESENTATION a) Legislative Session Recap 5. ADMINISTRATIVE REPORT a) Administrative Report 6. 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. 7. 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 May 22, 2023. Council Concur b) AB - 3365 Equity, Housing, and Human Services Department recommends execution of an agreement with King County to accept $250,000 in funds from the King County Veterans, Seniors, and Human Services Levy (VSHSL) to supplement the City's Minor Home Repair Program. These funds are expected to serve an additional 20 low-income Renton seniors and/or veterans in 2023. Typical repairs include roof replacements, ventilation, electrical, and plumbing repairs or replacements. Refer to Finance Committee c) AB - 3360 Finance Department submits a utility bill leak adjustment request from RVA Center, LLC, owner of a commercial property at 601 S Grady Way, and recommends approval to adjust the account in the total amount of $3,608.17, for excess water usage caused by a qualified water line leak in accordance with RMC 8-4-46 and 8-5-23. Refer to Finance Committee d) AB - 3361 Human Resources / Risk Management Department recommends adoption of a procedural change to current policy related to Personal Holiday benefits for non- represented employees (and employees who transfer or promote into non-represented positions in certain circumstances), effective July 1, 2023. Refer to Finance Committee e) AB - 3363 Parks & Recreation Department recommends adoption of a resolution finding a Special Facility and Market Condition and authorizing the purchase of used artificial turf from Coast to Coast Turf, in the amount of $274,699.50, for the Maplewood Golf Course; and authorize additional budget appropriations in the amount of $274,699.50. Refer to Finance Committee f) AB - 3356 Parks & Recreation Department recommends approval of a fee waiver request from the Renton-King County Justice Alliance, in the amount of $1,675, for the Juneteenth Celebration event occurring on June 25, 2023 at Liberty Park. Refer to Finance Committee g) AB - 3358 Public Works Facilities Division recommends approval to execute a five-year lease with Dish Wireless, LLC, in the amount of $2,800 per month plus a three percent annual increase and a one-time $7,500 administrative fee, for use of a portion of the Highlands Reservoir site at 3410 NE 12th St. Refer to Finance Committee h) AB - 3366 Public Works Facilities Division recommends execution of Change Order 1 to CAG-21-212, contractor McKinstry Essention, LLC, in the amount of $1,877,666.01, for Phase 3 of the ESCO-City of Renton Energy Upgrades project. The upgrades include replacement for the cooling chiller at the Renton Community Center and Heating, Venting, and Air Conditioning (HVAC) and ventilation upgrades to the Public Works maintenance facilities. Refer to Finance Committee i) AB - 3364 Public Works Transportation Systems Division recommends execution of a Local Agency Agreement and Prospectus with the Washington State Department of Transportation, for the obligation of $1,378,810; and authorization to execute all subsequent agreements necessary to accomplish the Sunset Trail project. This project will install a multi-use trail on the north side of NE Sunset BLVD from Edmonds Ave NE to NE 10th St, planter between the trail and the street, street lighting, retaining walls, and ADA upgrades. Refer to Finance Committee 8. 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) Community Services Committee: Adoption of Renton Parks Commission Bylaws*; Adoption of Renton Senior Citizen Advisory Board Bylaws* b) Transportation Committee: Proposed Speed Limit Changes* c) Utilities Committee: Amendment No. 8 to Agreement CAG-16-103 with RH2 Engineering, Inc. for Replacement of Highlands 435-Zone Reservoirs and Mains - Final Design and Bidding 9. LEGISLATION Resolutions: a) Resolution No. 4497: Parks Commission Bylaws (See Item 8.a) b) Resolution No. 4498: Senior Citizen Advisory Board Bylaws (See Item 8.a) Ordinance for first reading: a) Ordinance No. 6113: Speed Limit Revisions (See Item 8.b) 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 4:45 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 ArmondoPavoneMayor‘14”hereas,themonthofJunewasdesignatedPrideMonthtohonortheStonewallRiots,andisgenerallyrecognizedasthecatalystoftheLesbian,Gay,Bisexual,Transgender,Queer,Intersex,andAsexual(LGBTQIA+)rightsmovement;and‘14”fiereas,WashingtonstateandKingCountyhaveledthenationinprotectingthecivilrightsofourlesbian,gay,bisexual,transgender,queer,intersex,andasexualneighbors,coworkers,friends,andfamilymembers;and‘14”hereas,whilefurtherprogressisneeded,itisimportanttorecognizeandcelebratethesubstantialgainsthathavebeenachieved;and‘Whereas,theCityofRenton,inpartnershipandcommunicationwithresidents,businesses,andschools,isdedicatedtobuildinganinclusivecitywithopportunitiesforall;and‘14/’hereas,lesbian,gay,bisexual,transgender,queer,intersex,andasexualresidentscontributetotheculturalfabricofourcommunity,.anddonatetheirtime,talent,laborandfinancialresourcestovariouscommunityorganizations;and‘Whereas,insolidaritywiththeLGBTQIA+community,theprideflagwillappearatRentonCityHallfromJune5-11,2023;Wow,therefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimJune2023tobeLffTqIA+fPrüIe91onthintheCityofRenton,andIencourageallresidentstojoinmeinthisspecialobservanceandrecognizethenumerouscontributionsofLGBTQIA+individualsinthecity.ProctamationInwitnesswhereof,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis5thdayofJune,2023.WashingtonRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) Monday, June 5, 2023 AGENDA ITEM #4. a) 2023 Legislative Session –105 days Began January 9, 2023 Sine Die April 23, 2023 Special Session May 16, 2023 Biennial Budget –July 1, 2023 through June 30, 2025 Operating Capital Transportation The session was back in person with options provided for virtual testimony. Legislators were in Olympia and hosted meetings. Allowances were made for virtual participation due to illness.AGENDA ITEM #4. a) House of Representatives 58 Democrats40 Republicans Senate29 Democrats20 Republicans -Governor Inslee has announced he will not seek a fourth term. -Insurance Commissioner Mike Kreidler has announced he will not run for a seventh term. -Attorney General Bob Ferguson and Commissioner of Public Lands Hilary Franz have announced they will run for Governor. Lots of open seats in 2024.AGENDA ITEM #4. a) Some of the top issues, in addition to the budgets, worked on during the session included: Blake Decision –Passed in special session Behavioral Health –988 line, 23 hour clinic, funding Firearms –Assault weapon ban, waiting period Housing –Zoning, funding AGENDA ITEM #4. a) Specific funding in Renton includes: Capital - $1,485,000 –Pavilion Building Public Square $206,000 –300 Rainier Ave $5000,000 –Sam Chastain Trail $350,000 -Talbot Hill Reservoir Park Sport Courts Transportation – $750,000 for the Grady Way/Rainier Avenue Delay Study AGENDA ITEM #4. a) Sen Bob Hasegawa Majority Caucus Chair Business, Financial Services & Trade Rules State Government & Elections Ways & Means Rep Steve Bergquist Appropriations (Vice Chair) Education Rules Rep David Hackney Capital Budget (Vice Chair) Consumer Protection & Business Transportation AGENDA ITEM #4. a) Any Questions?AGENDA ITEM #4. a) TO: Renton City Council FROM: David Foster, Lobbyist DATE: June 5, 2023 RE: 2023 Session Overview The 105 day legislaƟve session ended on April 23. Due to the surprising lack of passage of the “Blake ﬁx” legislaƟon during the regular session there was a six hour special session on May 16 to pass biparƟsan legislaƟon to address the issues created by the ﬁrst “Blake ﬁx” during the 2021 session. This was the ﬁrst special session in six years. During the session there were 1,674 pieces of legislaƟon introduced of which 488 were passed by both chambers. The governor signed all but two which were vetoed. There were twenty‐ one bills that had parƟal vetoes but were sƟll signed. The three biennial budgets – capital, operaƟng and transportaƟon – were all approved with biparƟsan support. These will be updated in the 2024 session based on caseload and revenue forecasts. The session began with 30 new legislators (although three had previously been in the legislature and 5 moved from the House to the Senate) and 10 new commiƩee chairs. That is sƟll a lot of change from one year to the next. AddiƟonal change will come with the 2024 elecƟon. So far Governor Inslee has announced that he won’t run for the fourth term and Insurance Commissioner Kreidler announced he won’t run for a seventh term. AƩorney General Bob Ferguson and Lands Commissioner Hilary Franz have announced they will both run for Governor seƫng off even more possible changes. Already, Sen Dhingra has announced that she is running for AƩorney General and Sen Kuderer announced that she is running for Insurance Commissioner. Sen Mullet is weighing a possible run for Governor. Sen Rolfes (Ways & Means Chair) is in the running for an appointment to the Kitsap County Council and will resign her legislaƟve posiƟon if appointed. This is all a full year before the ﬁling deadline for the 2024 elecƟon. Of course, the House seats will all be on the ballot and half of the Senate including the seats in 11th and 5th legislaƟve districts. Thank you to the Mayor, Council and staff for the help and support during the legislaƟve session including those that came to Olympia and/or tesƟﬁed. Finally, a big thank you to the legislators from the 11th and 5th districts who helped make the 2023 session a success for the City of Renton. Below is an overview of the session using the adopted City of Renton agenda and prioriƟes to provide a narraƟve of the legislaƟve outcomes. AGENDA ITEM #4. a) Quality of Life In the ﬁnal capital budget, there is $1,485,000 for the Pavilion Building Public Square and the $206,000 previously dedicated to the St Vincent DePaul site was reallocated to the 300 Rainier Avenue site. The capital budget also includes $500,000 for work related to the Sam Chastain Trail and $350,000 for the Talbot Hill Reservoir Park Sport Courts. There was no new funding for the Family First Community Center. Public Safety The “Blake ﬁx” was passed during the short special session. SB 5536 establishes a gross misdemeanor for knowing possession; and knowing use, for both a counterfeit substance and a controlled substance. This covers fentanyl and other opioids, methamphetamine, heroin, cocaine, and other “hard” drugs. “Use” is defined as introducing the substance into the human body by injection, inhalation, ingestion, or any other means. The bill retains the current misdemeanor for legend drugs, which are prescription medications that are not a controlled substance. The legislation limits the maximum penalty for an individual’s first two convictions to 180 days in jail and a $1,000 fine. Beginning with the third conviction, an individual may be sentenced up to 364 days in jail. Law enforcement and the prosecuting attorney are encouraged to offer a referral to treatment in lieu of prosecution with a pre‐trial diversion program that must be agreed to by the prosecuƟng aƩorney in each case. The bill does preempt local governments from adopting or enforcing drug paraphernalia ordinances, except that local governments retain the ability to enact laws and ordinances related to the establishment and regulation of harm reduction services. Harm reduction services are commonly called “needle exchange” though they provide many more services. Also, opioid use disorder treatment facilities, including mobile and fixed‐site locations, recovery residences, and harm reduction programs (except safe injection sites) are considered essential public facilities. Cities may only regulate siting of these facilities to the same extend that regulations are applied to other essential public health facilities and health care settings. The Basic Law Enforcement Classes BLEA) have been funded to include an increase of three at the main Burien campus bringing the total to 23. An additional six classes have been funded and will be split up for two each at the new regional training academies. Transportation Infrastructure The final transportation budget includes $750,000 to study the travel/BRT delay through the Grady Way/Rainier Ave intersection. Budget and Fiscal Changing the local property tax cap from 1% maximum to 3% per year was in discussion until the end. HB 1670 allows for this change while SB 5618 would have done the same although it was also tied to SB 5495 which provided a $250,000 property tax exemption on homes. None of these bills made it past some of the earlier cut‐offs. A new bill, SB 5770, was introduced late in the session and would have provided local and state governments the ability to increase the property tax to 3%. None of these bills were brought up for floor votes. AGENDA ITEM #4. a) Another revenue method being discussed was HB 1628 which would increase the state real estate excise tax (REET) and allow an additional .25% REET for local government. Funding would have to be used for construction and support of affordable housing. This bill was never brought up for a floor vote. A new “wealth tax” proposal was introduced with companion bills, HB 1473 and SB 5486. This state revenue only proposal would tax people on assessed value after the first $250 million. Neither bill passed this year. A bill, SB 5452, to add new impact fee revenue to fund improvements to bicycle and pedestrian facilities passed and was signed by the Governor. To help encourage annexations of unincorporated islands, HB 1425 would allow a state sales tax credit of 0.1% for annexations of over 2,000 people and 0.2% for annexations over 10,000. The funds would have to be spent in the newly annexed areas to offset the increased cost of services. This passed and was signed by the Governor. The cultural access legislation, HB 1575, allows county councilmanic authority for a 0.1% sales tax for arts and cultural organizations. After December 31, 2024, if a county authority has not used this revenue source a city may utilize it for its local programs. This bill passed and was signed by the Governor. Criminal Justice/Public Safety/Fire/Courts/Behavioral Health The pursuit bill, SB 5352, changes the threshold required for engaging in a vehicular pursuit by allowing an officer to conduct the vehicular pursuit if the officer has reasonable suspicion of a violent offense, a sex offense, a vehicular assault offense, an escape offense, a driving under the influence offense, or a domestic violence assault in the first, second, third, or fourth degree offense. Also, the pursuing officer must immediately notify a supervising officer upon initiating the pursuit. The pursuit must be done with supervisory oversight, and the pursuing officer, in consultation with the supervising officer, must consider alternatives to the pursuit, the justifications for the pursuit, and other safety considerations. Oddly this specific bill never had a public hearing. However, it passed and was signed by the Governor. HB 1134, implementing the 988 behavioral health crisis response and suicide prevention system, passed and was signed by the Governor. SB 5120 establishes a framework for 23 hour crisis relief centers. These centers are deﬁned as faciliƟes open 24 hours a day, seven days a week, which offer access to behavioral health care to adults for no more than 23 hours 59 minutes at a Ɵme per paƟent, and accept all behavioral health walk‐ins and drop‐offs from ambulance, ﬁre, police, designated crisis responders, mobile rapid response crisis teams, ﬁre department mobile integrated health and CARES teams, and individuals referred through the 988 system regardless of behavioral health acuity. This bill passed and was signed by the Governor. AGENDA ITEM #4. a) Legislation related to street racing, SB 5606, expands the crime of racing to include racing on any off‐street facility and drifting. It also establishes procedures for the impoundment, redemption, and forfeiture of vehicles used in the crime of racing. This bill passed and was signed by the Governor. Economic Development/ Infrastructure/Affordable Housing/Homelessness A bill, SB 5334, allowing new local revenue for cities in the form of authorizing an optional special excise tax on the sale or rental of short‐term vacation rentals. Revenue must be used for capital or operating expenses related to affordable housing. The bill did not pass off the House floor before the cut‐off. The capital budget contains $400 million in the Housing Trust Fund and another $170 million for affordable housing and shelter investments. Environmental Sustainability The Governor has offered HB 1181 to address the state's response to climate change by updating the state's planning framework and adding requirements to the Growth Management Act. This bill passed and was signed by the Governor. The large recycling/waste management/producer responsibility companion bills, HB 1131/SB 5154, did not move out of either chamber. It will likely be brought back for consideration in 2024. Land Use/GMA Legislation related to state imposed middle housing zoning requirements, HB 1110, requires a minimum of four units per lot and six within one‐quarter mile of a major transit stop in cities with a population over 75,000. These changes must go into effect after the city's next required comprehensive plan update. This bill passed and was signed by the Governor. SB 5466 is related to transit oriented development/housing planning. The bill did not pass off the House floor before the cut‐off. It will likely be brought back for consideration in 2024. HB 1337 requires accessory dwelling unit (ADU) zoning in cities while also imposing limitations on local requirements such as setbacks, off street parking, maximum floor space and height. This bill passed and was signed by the Governor. SB 5235 related to accessory dwelling units (ADU’s) will limit the type of restrictions or requirements allowed by local governments. The bill did not pass off the House floor before the cut‐off. It will likely be brought back for consideration in 2024. SB 5491 originally allowed cities to adopt plans that allow for residential buildings up to five stories with a single exit under certain conditions while authorizing other building codes for multi‐family buildings. The bill was changed to require the State Building Code Council to convene a technical advisory group to recommend changes to the International Building Code AGENDA ITEM #4. a) (IBC) that would allow a single exit stairway for multifamily residential structures up to six stories above grade. It also requires the technical advisory group to provide its recommendations to the Council in time for implementation in the 2024 IBC and requires the Council to take action to adopt changes by July 1, 2026. This bill passed and was signed by the Governor. Another bill related to residential housing, HB 1167, directs the State Building Code Council to convene a work group to recommend needed changes to apply the International Residential Code to multiplex housing. The bill also prohibits a city or county from imposing any regulations, reviews, or standards on multiplex housing that are not applied to detached single family residences, except when necessary for fire and life safety. The bill did not pass the Senate before the cut‐off. Parks and RecreaƟon, Arts & Culture The capital budget makes many investments in various programs including but not limited to Washington Wildlife & RecreaƟon Program (WWRP), Youth AthleƟc Facili Ɵes (YAF), AquaƟc Lands Enhancement Act (ALEA), Land and Water ConservaƟon Fund, Youth RecreaƟonal FaciliƟes (YRF), Building for the Arts and the Heritage grant programs. There is $2 million in the operaƟng budget for grants to the cultural sector grants to help with COVID pandemic recovery. AGENDA ITEM #4. a) MAYOR’S OFFICE M E M O R A N D U M DATE: June 5, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Help kick off Renton Farmers Market’s 22nd Market season by shopping next Tuesday, June 6, from 3:00 – 7:00 p.m. The Market returns to Piazza Park, at the corner of South 3rd Street and Logan Avenue South. o The Market runs each and every Tuesday, except July 4, through the end of September. o Vendors will have fresh flowers, fresh produce, honey, baked goods, ciders, wine and cheese, crafts, and delicious, ready-to-eat food. o There will be live entertainment from 4:30 to 6:30 p.m. and kids’ activities o We welcome back hot food vendors, so grab your dinner to go! o We are proud to offer the SNAP Market Match incentive program for SNAP and P-EBT shoppers, which offers a dollar-for-dollar match up to $25 per day for fresh produce. o 10 hours of free parking at the City Parking Garage, entrance located off South 2nd Street between Burnett and Logan Avenues, and just one block north of the Market. For the most up-to-date information, visit www.rentonfarmersmarket.com or find us on Facebook and Instagram. • Pop-up Lunch Schedule: In addition to lunch, each event will have hygiene kits, socks, and food for dogs and cats available. o Wednesday, June 7, 12:00 – 2:00 p.m., Liberty Park, 1101 Bronson Way North, sponsored by SOS Pop-up (will be held regularly on the first and third Wednesday through December 2023, location will be rotated throughout the city). o Friday, June 9, 10:00 a.m. – 2:00 p.m., 126 South Logan Avenue North, sponsored by SOS/Food Lifeline Pop-up (will be held regularly every Friday through December). o Wednesday, June 14, 12:00 – 1:30 p.m., 300 Rainier Avenue North, sponsored by the Emergency Feeding Program/SOS (will be held regularly on AGENDA ITEM #5. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 3 the second and fourth Wednesday through December 2023). • Rental Registration Program: 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. For more information about the program, instructions on how to register, or if you are a landlord who has not yet registered and qualify for this program, visit www.rentonwa.gov/rentalregistration. • The city’s next Recycle Event will be held Saturday, June 10 from 10:00 a.m. until 2:00 p.m. at Renton Technical College. This event will collect cardboard, tires, Styrofoam®, and mattresses or box springs (cash fee $30/unit). Non-perishable food will also be collected for The Salvation Army Rotary Food Bank. For more information, please contact the Renton Recycle Events Hotline at 425-430-7398. • Information about preventative street maintenance, traffic impact projects, and road closures 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:  Monday, June 5 through Friday, June 9, 8:00 a.m. to 3:00 p.m. Road closure on NE 10th Street between Kirkland Avenue NE and NE Sunset Blvd. Detour route will be provided. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, June 5 through Friday, June 9, 8:30 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, June 5 through Friday, June 9, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on SW 16th Street at Maple Avenue SW for construction work. Questions may be directed to Tom Main, 206-999-1833.  Monday, June 5 through Friday, June 9, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Lincoln Avenue NE at the 4100 block. Questions may be directed to Kip Braaten, 206-503-1749.  Monday, June 5 through Friday, June 9, 8:00 a.m. to 3:30 p.m. Intermittent lane closure on NE Sunset Blvd between Edmonds Avenue NE and Kirkland Avenue NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, June 5 through Friday, June 9, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Williams Avenue South at South Grady Way for construction work. Questions may be directed to Tom Main, 206-999-1833. AGENDA ITEM #5. a) Valerie O’Halloran, Council President Members of Renton City Council Page 3 of 3  Ongoing Street Closure through October 4, 2023. FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373.  Monday, June 5, 7:00 a.m., 24 hours/day. Upcoming street closure for remaining bridge maintenance work: • Bronson Way South between North Riverside Drive and Mill Avenue South will be closed for up to 60 calendar days starting on May 15. • The street closure will be 24 hours/day, 7 days/week. The contractor will be working Mondays through Fridays (and may work on Saturdays depending on the weather and work progress). • The primary northbound and southbound traffic detours will be signed and match the detours installed for the last street closure that occurred in fall 2022 for the bridge painting. All other bridges over the Cedar River will remain open to vehicles (subject to the vehicle weight limits posted on Williams Avenue Bridge and Houser Way Bridge). • The local adjacent streets (e.g. N 1st St, Wells Avenue South, etc.) will not be closed but will be signed “Local Access Only.” Visit the project information web page at https://rentonwa.gov/bronsonbridge for more information and to view the detour map. AGENDA ITEM #5. a) May 22, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, May 22, 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 (attended virtually) Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Ellen Bradley-Mak, Human Resources / Risk Management Administrator Martin Pastucha, Public Works Department Kelsey Urban, Risk Manager Brenda Garcia, Judicial Specialist 1 LaStacia Kinlow, Judicial Specialist 1 Commander Steve Morris, Police Department Attended Remotely: Julia Subia, Council Liaison Kelly Beymer, Parks & Recreation Administrator Kristi Rowland, Deputy Chief Administrative Officer AGENDA ITEM #7. a) May 22, 2023 REGULAR COUNCIL MEETING MINUTES Bonnie Woodrow, Judicial Administrative Officer Ron Straka, Public Works Utility Systems Director Rob Shuey, Development Services Director Cailín Hunsaker, Parks & Trails Director PROCLAMATIONS a) National Gun Violence Awareness Day: A proclamation by Mayor Pavone was read declaring June 2, 2023 to be National Gun Violence Awareness Day in the City of Renton, encouraging all residents to support efforts to prevent the tragic effects of gun violence and to honor and value human lives. Laura Meyer, representing Moms Demand Action for Gun Sense in America, accepted the proclamation with appreciation. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. b) National Public Works Week: A proclamation by Mayor Pavone was read declaring May 21 - 27, 2023 to be National Public Works Week in the City of Renton, encouraging all residents to recognize the contributions public works professionals make every day to protect our health, safety, comfort, and quality of life. Martin Pastucha, Public Works Administrator, accepted the proclamation with appreciation. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. SPECIAL PRESENTATION a) Renton Employee Lifesaving Award: Ellen Bradley-Mak, Human Resources / Risk Management Administrator presented the City of Renton Employee Lifesaving Award to Brenda Garcia, Judicial Specialist 1, for performing the Heimlich maneuver to her co-worker, LaStacia Kinlow. Ms. Bradley-Mak reported that Ms. Garcia's actions saved Ms. Kinlow's life that day. ADMINISTRATIVE REPORT CAO Ed VanValey 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: • The first of Sustainability & Solid Waste’s three Recycle events was held on Saturday, May 13 at Renton Technical College. Materials collected at the May event included oversized metal and Styrofoam®. The event served over 411 participants and prevented over 12.26 tons of metal and 1,190 pounds of Styrofoam® from landfill disposal, thus keeping these materials circulating in the economy to provide green jobs and produce new products. For customers’ information and to promote recycling year-round, staff produced and distributed the Recycling Resource Guide, which provides a listing of local recyclers offering convenient recycling services for a variety of materials not collected at the curbside or at city events. The guide is available on our website. AGENDA ITEM #7. a) May 22, 2023 REGULAR COUNCIL MEETING MINUTES Partnering with The Salvation Army Rotary Food Bank resulted in 100 pounds of food donated by Recycle Event participants, helping to support emergency food assistance in our community. The next scheduled Recycle Event is June 10, 10:00 a.m. – 2:00 p.m. in the Renton Technical College North Parking Lot. Mattresses and box springs, cardboard, tires, and Styrofoam® will be collected. For more information, please contact the Renton Recycle Events Hotline at 425-430- 7398 or Julie Pursell at jpursell@rentonwa.gov • Pop-up Lunch Schedule: In addition to lunch, each event will have hygiene kits, socks, and food for dogs and cats available. o Wednesday, May 24, 12:00 - 1:30 p.m., 300 Rainier Avenue North, sponsored by the Emergency Feeding Program/SOS (will be held regularly on the second and fourth Wednesday through December 2023). o Friday, May 26, 10:00 a.m. - 2:00 p.m., 126 Logan Avenue North, sponsored by SOS/Food Lifeline Pop-up (will be held regularly every Friday through December). • Spanish-Speaking CPR Classes: In partnership with Centro Rendu, the Renton Regional Fire Authority will be conducting CPR courses in Spanish. Classes are scheduled for Saturday, June 3 and Saturday, November 4. The classes will be from 9:00 a.m. to 2:00 p.m. and held at the Renton Regional Fire Authority Station 13; 18002 108th Avenue SE, Renton 98055. Visit rentonrfa.com to view classes and register via Eventbrite. • The King County Flood Control District is considering developing a Flood Hazard Management Plan for the Lower Green River Corridor that would guide future investments to reduce flood hazard risks over the next 30 to 50 years and shape flood protection planning along the Green River in Auburn, Kent, Renton, SeaTac, Tukwila, and unincorporated King County. To inform the plan, the District prepared a draft programmatic environmental impact statement (PEIS) that is available for public review and comment through June 19, 2023. The draft PEIS analyzes three different approaches to reducing flood hazard risks in the Lower Green River Corridor while providing other important benefits. More information and the PEIS document can be found at LowerGreenSEPA.org. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Jacob Trieu, Renton, explained that he lives and works in Renton, and expressed support for Ordinance No. 6112 regarding the regulation of drugs and drug waste. He asked Council to adopt the ordinance. • Eric Tran, Mercer Island, stated that he does not live in Renton, but does operate a business in town. He urged Council to adopt Ordinance No. 6112 which regulates drug use and drug waste. He explained that this will improve safety for his employees and customers. • Joe Trieu, Renton, explained that he lives and operates a business in Renton. He urged Council to adopt Ordinance No. 6112 which regulates drug use and drug waste. He agreed that this ordinance would provide additional safety for his employees and customers. AGENDA ITEM #7. a) May 22, 2023 REGULAR COUNCIL MEETING MINUTES • David Malik, Renton, stated that he is also a resident and business owner in Renton. He shared stories of drug use occurring around his business and urged Council to adopt Ordinance No. 6112. He stated that he believed the ordinance will deter drug use in a compassionate way. • Hector Hernandez, Renton, expressed support for Ordinance No. 6112. He stated that he too is a business owner, and that he had suffered numerous instances of property damage to his business. He remarked that he believes this law will help his employees and customers to not live in fear. • Randy Corman, Renton, urged Council to pass Ordinance No. 6112 even though the State legislature passed a law regulating drugs last week. • Diane Dobson, Renton, expressed support for Ordinance No. 6112. She stated that although this new law will not fix all the issues surrounding drug use in the community, it is a good start. • David Smith, Seattle, stated that he operates a business in Renton, and supports the adoption of Ordinance No. 6112. He remarked that Council must pass deterrence measures, and this ordinance is a good start. • Marcus Olson, unknown, shared his familial background and noted that he owns and operates Burger Addict in Renton. He expressed support for Ordinance No. 6112. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of May 15, 2023. Council Concur. b) AB - 3359 Public Works Utility Systems Division recommended executing Amendment No. 8 to CAG-16-103, with RH2 Engineering, Inc., in the amount of $348,330 for the design of the replacement of the Highlands 435-Zone reservoirs and water mains. Refer to Utilities Committee. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Finance Committee Vice Chair Alberson presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $11,683,343.58 for vouchers 10635, 10639- 10646, 408093-408429; payroll benefit withholding vouchers 7122-7132, 408084- 408092 and 1 wire transfer. 2. Payroll – total payment of $1,884,889.77 for payroll vouchers that include 662 direct deposits and 21 checks. (04/15/2023-04/30/2023 pay period). 3. Kidder Mathews vouchers 1404-1422 totaling $32,044.24. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #7. a) May 22, 2023 REGULAR COUNCIL MEETING MINUTES b) Finance Committee Vice Chair Alberson presented a report concurring in the staff recommendation to approve the Supplement #7 to CAG-20-127 with Perteet, Inc. to provide additional construction management services totaling $51,316.16 for the Williams Avenue South and Wells Avenue South Conversion Project. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Vice Chair Alberson presented a report concurring in the staff recommendation to approve an interagency agreement with the Organized Crime Drug Enforcement Task Force Program, in order to accept $20,000 grant funds for the use of the State & Local Overtime and Authorized Expense/Strategic Initiative. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Vice Chair Alberson presented a report concurring in the staff recommendation to approve the creation of a limited-term Secretary II position in the Executive Services Department. MOVED BY ALBERSON, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Vice Chair Alberson presented a report concurring in the staff recommendation to authorize the Staff to accept the 4Culture Sustained Support Program award of $11,000 and sign the grant agreement. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Council President O'Halloran noted that a staff recommendation had been presented to Council regarding revisions made to Ordinance 6112 due to the passage of Second Engrossed Substitute Senate Bill 5539. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL APPROVE SECOND AND FINAL READING OF REVISED ORDINANCE 6112. CARRIED. Ordinance for second and final reading: a) Ordinance No. 6112: An ordinance was read repealing and replacing Title VI, Chapter 12 of the Renton Municipal Code to regulate dangerous drugs and drug waste, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. AGENDA ITEM #7. a) May 22, 2023 REGULAR COUNCIL MEETING MINUTES ADJOURNMENT MOVED BY PRINCE, SECONDED BY O'HALLORAN, COUNCIL ADJOURN. CARRIED. TIME: 7:49 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 22 May 2023 AGENDA ITEM #7. a) Council Committee Meeting Calendar May 22, 2023 May 29, 2023 Monday Memorial Day Holiday – No Meetings June 5, 2023 Monday 2:15 PM * Utilities Committee, Chair Alberson Location: Council Conference Room/Videoconference 1. Amendment No. 8 to Agreement CAG‐16‐103 with RH2 Engineering, Inc. for Replacement of Highlands 435‐Zone Reservoirs and Mains ‐ Final Design and Bidding 2. Emerging Issues in Utilities  2023 Drinking Water Quality Monitoring and proposed EPA PFAS Regulations 3:15 PM * Community Services Committee, Chair Rivera Location: Council Conference Room/Videoconference 1. Adoption of Renton Parks Commission Bylaws 2. Adoption of Renton Senior Citizen Advisory Board Bylaws 4:00 PM * Transportation Committee, Chair McIrvin Location: Council Conference Room/Videoconference 1. Proposed Speed Limit Changes 4:45 PM * Committee of the Whole, Chair O’Halloran Location: Council Chambers/Videoconference 1. Tenant Protections and Rental Registration Program Updates 7:00 PM Council Meeting Location: Council Chambers/Videoconference * revised 05/30/23 AGENDA ITEM #7. a) AB - 3365 City Council Regular Meeting - 05 Jun 2023 SUBJECT/TITLE: Acceptance of King County Veterans, Seniors, and Human Services Levy Funds for the Minor Home Repair Program RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Equity, Housing, and Human Services Department STAFF CONTACT: Guy Williams, Human Services Manager EXT.: 6652 FISCAL IMPACT SUMMARY: King County has allocated $250,000 in Veterans, Seniors, and Human Services Levy (VSHSL) funds to the City of Renton to supplement the Minor Home Repair Assistance Program (HRAP). These funds are reimbursement based and are to be expended by December 31, 2023. Requesting additional budget appropriations of $250,000 which will also be included with the Q2 2023 budget adjustment. SUMMARY OF ACTION: An opportunity to receive $250,000 in 2023 King County Veterans, Seniors, and Human Services Levy (VSHSL) funds was recently brought to the city's attention. This funding is for the city's Minor Home Repair Assistance Program (HRAP) and is expected to serve an additional 20 low-income Renton seniors and/or veterans in 2023. Typical repairs include roof replacements, ventilation, electrical, and plumbing repairs or replacements. Repairs are often done in conjunction with local contractors. Many HRAP clients are on fixed incomes with limited ability to coordinate home repairs on their own. These health and safety repairs allow them to remain in their homes. In 2022 the city's Minor Home Repair Program served over 400 homeowners. So far in 2023, they have served over 200 homeowners. Program brochures are currently available in English, Spanish, Vietnamese, Chinese, Korean, Russian, and Tagalong. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Accept the $250,000 in VSHSL funds from King County for the city's Minor Home Repair Program and authorize the Mayor and City Clerk to execute the agreement with King County. AGENDA ITEM #7. b) Department of Community and Human Services Adult Services Division 401 Fifth Avenue, Suite 500 Seattle, WA 98104 If you require accommodation to access this form, alternate formats are available upon request. KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES CONTRACT Contractor City of Renton Contract Title ASD Senior Home Repair Services Contract Amount $ 250,000 Services Period From: 03/01/2023 To 12/31/2023 UEI No. (if applicable) UG2PSBS6UJJ3 SAM No. (if applicable) 5DC63 THIS CONTRACT No. 6360257 is entered into by KING COUNTY (the “County”), and City of Renton (the “Contractor”) whose address is 1055 South Grady Way, Renton, WA 98055. FUNDING SOURCES FUNDING LEVELS FUNDING DATES COUNTY $250,000 03/01/2023 - 12/31/2023 TOTAL $250,000 03/01/2023 - 12/31/2023 WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and funding dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows. STANDARD TERMS AND CONDITIONS 1. Contract Services and Requirements, and Incorporated Exhibits. The Contractor shall provide services and meet the requirements included in these Standard Terms and Conditions and in the following attached Exhibits, each of which is incorporated herein by this reference: EXHIBIT NAME EXHIBIT NUMBER City of Renton - HS 3A Reallocations - VSHSL- HS 3.A Reallocation Exhibit I DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 2 of 20 Contract - 6360257 2. Contract Term This Contract shall be effective on the date of the last signature and shall terminate on 12/31/2023, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. 3. Compensation and Method of Payment A. Compensation: The County shall compensate the Contractor for satisfactory completion of the services and requirements as specified in this Contract and its attached Exhibit(s). B. Invoicing: The Contractor shall submit invoices and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports. The County shall endeavor to make payment not more than 30 days after a complete and accurate invoice is received. C. Final Invoice: The Contractor shall submit its final invoice and all outstanding reports as specified in this Contract and its attached Exhibit(s). If the Contractor’s final invoice and reports are not submitted as required, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in the final invoice or any later invoice. D. Reimbursement for Travel: The Contractor will not be reimbursed for travel unless otherwise specified within an Exhibit. 4. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls that complies with the generally accepted accounting principles issued by the Financial Accounting Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is applicable to the Contractor’s form of doing business. 5. Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not currently debarred, suspended, or proposed for debarment, by any Federal department or agency. The Contractor shall not enter into a subcontract with a person or entity that is debarred, suspended, or proposed for debarment. The Contractor shall notify King County if it, or a Subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or agency. Debarment status may be verified at https://www.sam.gov/. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 3 of 20 Contract - 6360257 6. Maintenance of Records A. Accounts and Records: The Contractor shall maintain the following for a period of six years after termination of this Contract: accounts and records, including personnel, property, financial, programmatic records, and other such records the County may deem necessary to ensure proper accounting and compliance with this Contract. B. Nondiscrimination and Equal Employment Records: In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section 17. below, the Contractor shall maintain the following for a period of six years after termination of this Contract: i. Records of employment, employment advertisements, application forms, other data, records, and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and ii. Records, including written quotes, bids, estimates or proposals, submitted to the Contractor by all entities seeking to participate in this Contract, and any other information necessary to document the actual use of and payments to Subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor’s office to review these records. The Contractor shall provide all help requested by the County during such visits and make the foregoing records available to the County for inspection and copying. At all reasonable times, the Contractor shall provide to the County, the state, and/or federal agencies or officials access to its facilities—including those of any Subcontractor assigned any portion of this Contract in order to monitor and evaluate the services provided under this Contract. The County will give reasonable advance notice to the Contractor in the case of audits to be conducted by the County. The Contractor shall comply with all record keeping requirements of any applicable federal rules, regulations, or statutes included or referenced in the Contract documents. If different from the Contractor’s address listed above, the Contractor shall inform the County in writing of the location of its books, records, documents, and other evidence for which review is sought, and shall notify the County in writing of any changes in location within 10 working days of any such relocation. 7. Evaluations and Inspections A. Subject to Inspection, Review, or Audit: The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials authorized by law during the performance of this Contract and for six years after termination hereof, unless a longer retention period is required by law. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 4 of 20 Contract - 6360257 B. Medical Records: If applicable, medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to Revised Code of Washington (RCW) 70.41.190, 70.02.160, and standard medical records practice. The Contractor shall also be responsible for the maintenance and disposal of such medical records. C. Contract Monitoring: The Contractor and the County shall engage in monitoring visits to assess the Contractor’s compliance with Contract requirements, quality, and practices. The County will execute monitoring visits in accordance with the applicable frequency, as prescribed by the controlling Exhibit(s) under this Contract. The Contractor shall cooperate with the County and its agents to assess the Contractor’s performance under this Contract. At the request of the County, the Contractor shall implement a plan to remedy any items of noncompliance identified during the monitoring process. The results and records of these processes shall be maintained and disclosed in accordance with RCW Chapter 42.56. D. Performance, Measurement and Evaluation The Contractor shall submit performance metrics and program data as set forth in Exhibit(s) to this Contract. The Contractor shall participate in evaluation activities as required by the County and shall make available all information required by any such performance measurement and evaluation processes. E. Unauthorized Disclosure: The Contractor shall protect from unauthorized disclosure all information, records, and data collected in connection with this Contract in accordance with applicable state and federal law. 8. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and maintain compliance with all HIPAA requirements, which can be found at https://www.kingcounty.gov/depts/community-human- services/contracts/requirements.aspx. 9. Financial Report Submission The Contractor is required to submit a financial reporting package as described in Subsections A through C below. All required documentation shall be submitted by email to DCHSContracts@kingcounty.gov by the stated due date. A. If the Contractor is a Non-Federal entity as defined in 2 Code of Federal Regulations (CFR) Part 200.69 and expends $750,000 or more in Federal awards during its fiscal year, then the Contractor shall meet the audit requirements in 2 CFR Part 200 Subpart F. Audit packages are due to the County within nine months after the close of the Contractor’s fiscal year. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 5 of 20 Contract - 6360257 B. If the Contractor is a local government in the State of Washington and is not subject to the requirements in Subsection A, the Contractor shall submit audited financial statements that are in accordance with the Washington State Auditor’s Office requirements. Financial statement audits are due to the County within 150 days after the close of the Contractor’s fiscal year end as required by RCW 43.09.230. C. If the Contractor is not subject to the requirements in Subsection A or B, the following apply: Entity Type Non-Profit For Profit Gross Revenue Gross Revenue Under $3M on average in the previous three fiscal years. Gross Revenue Over $3M on average in the previous three fiscal years. Gross Revenue Under $3M on average in the previous three fiscal years. Gross Revenue Over $3M on average in the previous three fiscal years. Required Documentation • Form 990 within 30 days of its being filed; and • A full set of annual internal financial statements Audited financial statements prepared by an independent Certified Public Accountant or Accounting Firm • Income tax return; and • A full set of annual internal financial statements Audited financial statements prepared by an independent Certified Public Accountant or Accounting Firm Due Date Within 30 calendar days from the forms being filed. Within nine months following the close of the Contractor’s fiscal year. Within 30 calendar days from the forms being filed. Within nine months following the close of the Contractor’s fiscal year. D. Waiver: A Contractor that is not subject to the requirements in Subsection A may, in extraordinary circumstances, request, and in the County’s sole discretion, be granted, a one-year waiver of the audit requirements. Such requests are made to the County at: DCHSContracts@kingcounty.gov for review. If approved by the County, the Contractor may substitute for the above requirements other forms of financial reporting or fiscal representation certified by the Contractor’s Board of Directors, provided the Contractor meets the following criteria: i. Financial reporting and any associated management letter show no reportable conditions or internal control issues; and ii. There has been no turnover in key staff since the beginning of the period for which the financial reporting was completed. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 6 of 20 Contract - 6360257 10. Corrective Action If the County determines that the Contractor has failed to comply with any terms or conditions of this Contract, or the Contractor has failed to provide in any manner the work or services (each a “breach”), and if the County determines that the breach warrants corrective action, the following procedure will apply: A. Written Notification: The County will notify the Contractor in writing of the nature of the breach. B. Contractor’s Corrective Action Plan: The Contractor shall respond with a written corrective action plan within ten working days of its receipt of such notification unless the County, at its sole discretion, extends in writing the response time. The plan shall indicate the steps being taken to correct the specified breach and shall specify the proposed completion date for curing the breach. This date shall not be more 30 days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension to complete the corrective actions. C. County’s Determination of Corrective Action Plan Sufficiency: The County will determine the sufficiency of the Contractor’s proposed corrective action plan, then notify the Contractor in writing of that determination. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County. D. Termination or Suspension: If the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may terminate or suspend this Contract in whole or in part pursuant to Section 12. E. Withholding Payment: In addition, the County may withhold any payment to the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed. F. Non-Waiver of Rights: Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 12, Subsections B, C, or D. 11. Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this Section. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 7 of 20 Contract - 6360257 12. Termination A. Termination for Convenience: This Contract may be terminated by the County without cause, in whole or in part, at any time during the term specified in Section 2. above, by providing the Contractor 30 calendar days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, at any time during the term specified in Section 2. above, by providing the Contractor 30 calendar days advance written notice of the suspension. B. Termination for Default: The County may terminate or suspend this Contract, in whole or in part, upon seven business days advance written notice if: (1) the Contractor breaches any duty, obligation, or service required pursuant to this Contract and either (a) the corrective action process described in Section 10. fails to cure the breach or (b) the County determines that requiring a corrective action plan is impractical or that the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection 12.B., the Contractor shall be liable for damages, including any additional costs of procuring similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, that have been paid to the Contractor by the County. C. Termination for Non-Appropriation: If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section 2., the County may, upon seven business days advance written notice to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Subsection 12.C.: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council and/or other identified funding source(s) of sufficient funds to support the activities described in the Contract. If such appropriation is not approved, this Contract will terminate at the close of the current appropriation year. The current funding sources associated with this Contract are specified on page one. If the Contract is suspended as provided in this Section, the County may provide written authorization to resume activities. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 8 of 20 Contract - 6360257 D. Non-Waiver of Rights: Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or by law or equity that either party may have if any of the obligations, terms, and conditions set forth in this Contract are breached by the other party. 13. Hold Harmless and Indemnification A. Duties as Independent Contractor: In providing services under this Contract, the Contractor is an independent contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall protect, indemnify, defend, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor’s failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. Contractor’s Duty to Repay County: The Contractor is financially responsible for and shall repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract, by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the termination of the Contract. C. Contractor Indemnifies County: To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, Subcontractors and/or agents, in its performance or non-performance of its obligations under this Contract. The Contractor’s obligations under this Subsection 13.C. shall extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Workers’ Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. In addition, the Contractor shall protect and assume the defense of the County and its officers, agents, and employees in all legal or claim proceedings arising out of, in connection with, or incidental DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 9 of 20 Contract - 6360257 to its indemnity obligation; and shall pay all defense expenses, including reasonable attorney's fees, expert fees, and costs incurred by the County on account of such litigation or claims. If the County incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. County Indemnifies Contractor: To the maximum extent permitted by law, the County shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The County’s obligations under this Subsection 13.D. extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Intellectual Property Infringement: For purposes of this Subsection 13.E., claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. The indemnification, protection, defense, and save harmless obligations contained herein shall survive the expiration, abandonment, or termination of this Contract. 14. Insurance Requirements Contractor shall provide evidence of the insurance required under this Contract, including a Certificate of Insurance and endorsements covering King County as additional insured for full coverage and policy limits within 30 calendar days of Contract execution. Evidence of insurance and endorsements shall be submitted by email to DCHSContracts@kingcounty.gov. The Contractor may request additional time to provide the required documents by emailing DCHSContracts@kingcounty.gov. Extensions will be granted at the sole discretion of the County. All evidence of insurance shall be signed by a properly authorized officer, agent, general agent, or qualified representative of the insurer(s), shall certify the name of the insured(s), the type and amount of insurance, the inception and expiration dates, contract number, and shall state that the County shall receive notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or material change in the policy. Similar documentation confirming renewal of required insurance shall be provided on each insurance renewal date. In the event of a loss, the County reserves the right to require complete, certified copies of all required insurance policies, including endorsements and riders, which may be redacted of any confidential or proprietary information. Contractor shall deliver such policies to the County within five (5) business days of County’s request. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 10 of 20 Contract - 6360257 County’s receipt or acceptance of Contractor’s evidence of insurance at any time without comment or objection, or County’s failure to request certified copies of such insurance, does not waive, alter, modify, or invalidate any of the insurance requirements set forth in this Section or, consequently, constitute County’s acceptance of the adequacy of Contractor’s insurance. Unless otherwise provided in an Exhibit to this Contract, the Contractor shall purchase and maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring such minimum insurance, County does not and shall not be deemed or construed to have assessed the risks that may be applicable to Contractor, or any Subcontractor, under this Contract, or in any way limit County’s potential recovery to insurance limits required hereunder. To the contrary, this Contract’s insurance requirements may not in any way be construed as limiting any potential liability to County or County’s potential recovery for Contractor. Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application, and/or limits of the coverage afforded, which coverage shall apply to each insured to the full extent provided by the terms and conditions of the policy(s). Each insurance policy shall be written on an “occurrence” basis/form; excepting insurance for Professional Liability (Errors and Omissions), and/or Cyber Liability (Technology Errors and Omissions) required by this Contract is acceptable on a “claims made” basis/form. If coverage is approved and purchased on a “claims made” basis/form, the coverage provided under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of the work which is subject to this Contractor or, if such renewals are unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years from the date of completion of the work which is subject of this Contract. All insurance written on a “claims made” basis/form must have its policy inception or retroactive date be no later than the effective date of the Contract, unless otherwise approved in writing by the County’s Risk Management Office. A. Minimum Scope and Limits of Insurance The Contractor shall maintain the following types of insurance and minimum insurance limits: i. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01 current edition, or its substantive equivalent. Such insurance shall include coverage for, but not limited to premises liability, products and completed operations, ongoing operations, and contractual liability. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status for the County with the use of an umbrella or excess liability policy, which is at least as broad as the underlying policy. If the scope of services involves activities with minors, such policy shall include sexual assault and misconduct coverage. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 11 of 20 Contract - 6360257 ii. Professional Liability (Errors and Omissions): $1,000,000 per claim and in the aggregate. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability (Errors and Omissions) coverage shall be provided. “Professional Services,” for the purpose of this Contract Section, shall mean any services provided by a licensed professional or those services that require professional standards of care. iii. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. In the event that services delivered pursuant to this Contract involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or non-owned vehicles, the limit shall be no less than $3,000,000 combined single limit per accident for bodily injury and property damage. Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 “any auto”; or the appropriate coverage provided by symbols 2, 7, 8, or 9. Limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy. iv. Workers Compensation: Statutory requirements of the State of residency. v. Employers Liability or “Stop Gap” coverage: $1,000,000 each occurrence and shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in monopolistic states, the protection provided by the “Stop Gap” endorsement to the Commercial General Liability policy. vi. Cyber Liability (Technology Errors and Omissions): For contracts involving software or technology where data breach or exposure to personal and/or confidential information could impact the Contractor or County, Contractor shall provide Cyber Liability (Technology Errors and Omissions) coverage with a limit no less than $1,000,000 per claim or occurrence and in the aggregate. Coverage shall include loss resulting from data security/privacy breach, or other unauthorized access or related violations including identity fraud and privacy law violations, denial of service attacks, introduction of virus and malicious code, extortion, dissemination or destruction of electronic data, business interruption, privacy law violations, disclosure of non-public, personal or confidential information, identity fraud, loss of income due to system crashes, breach of contract, and acts by rogue employees. Coverage shall include notification and other expenses incurred in remedying a privacy breach as well as costs to investigate and restore data. vii. Crime Insurance: Contractors handling County funds or assets, (i.e. Contractors providing rental assistance or distributing gift cards on behalf of the County), shall maintain Crime Insurance with limits to cover the maximum amount of risk at any one time; or a total of one year’s receipts or similar measure of exposure. Coverage for Fidelity, Theft, Disappearance, Destruction Liability, and Employee Dishonesty shall be included. Coverage shall include ‘Joint Loss Payable’ ISO form CR 20 15 10/10 or equivalent; and ‘Provide Required Notice of Cancellation to Another Entity’ ISO form CR 20 17 10/10. viii. Depending on the Contractor’s scope of work, other insurance types or limits may apply to this Contract. Specific coverage and limit requirements can be found by visiting Insurance Requirements - King County. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 12 of 20 Contract - 6360257 ix. Municipal or State Agencies: If the Contractor is a Municipal Corporation, an agency of the State of Washington, or any other Public Agency and is self-insured for any of the above insurance requirements, a letter of self-insurance shall be attached and be incorporated by reference and shall constitute compliance with all or a portion of this Section. B. Other Insurance Provisions and Requirements All insurance policies purchased and maintained by the Contractor required in this Contract shall contain, or be endorsed to contain the following provisions: With respect to all liability policies except Professional Liability (Errors and Omissions), and Workers’ Compensation: i. The County, its officials, employees, and agents shall be covered as additional insured for full coverage and policy limits as respects liability arising out of activities performed by or on behalf of the Contractor, its agents, representatives, employees, or Subcontractor(s) in connection with this Contract. Additional Insured status shall include products-completed operations CG 20 10 11/85 or its substantive equivalent. The County requires a copy of the additional insured endorsement(s). With respect to all liability policies (except Workers’ Compensation): i. Coverage shall be primary insurance as respects the County, its officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officials, employees, or agents shall not contribute with any Contractor’s or Subcontractor’s insurance or benefit the Contractor or any Subcontractor, or their respective insurers in any way. ii. Insurance shall expressly state that it applies separately to each insured and additional insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of insurer’s liability. C. Deductibles and Self-Insured Retentions: Any deductible and/or self-insured retention of the policies shall not apply to the Contractor’s liability to the County and shall be the sole responsibility of the Contractor or its Subcontractor. D. Acceptability of Insurers: Insurance coverage is to be placed with insurers with an A.M. Best rating of no less than A:VIII, or, if not rated with an A.M. Best, with minimum surplus equivalent of an A.M. Bests' surplus size VIII. Professional Liability (Errors and Omissions) insurance coverage may be placed with insurers with an A.M. Bests' rating of B+:VII. Any exception must be approved by the County. If at any time any of the foregoing policies fail to meet minimum requirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for approval. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 13 of 20 Contract - 6360257 E. Subcontractors: Contractor shall include all Subcontractors as insureds under its policies or, alternatively, the Contractor must require each of its Subcontractors to procure and maintain appropriate and reasonable insurance coverage and insurance limits to cover each of the Subcontractor’s liabilities given the Subcontractor’s scope of work and the services being provided herein. To the extent reasonably commercially available, insurance maintained by any Subcontractor must comply with the specified requirements of Sections 16 (inclusive) above, including the requirement that all liability insurance policies (except Professional Liability and Workers Compensation) provided by the Subcontractor(s) must include County, its officials, agents and employees as additional insured for full coverage and policy limits. Contractor is obligated to require and verify that each Subcontractor maintains the required insurance and ensure County is included as additional insured. Upon request by the County, and within five (5) business days, Contractor must provide evidence of each Subcontractor(s) insurance coverage, including endorsements. F. Waiver: A Contractor may request a waiver or reduction of one or more of the insurance requirements if the insurance requirement is not applicable to the Contractor’s scope of work. Such requests shall be made to the County at: DCHSContracts@kingcounty.gov for review. All waiver request approvals or denials are in the County’s sole discretion to be granted. If approved by the County, the Contractor shall still provide proof of and hold all other required provisions as stated above. 15. Assignment Contractor shall not assign any interest, obligation, or benefit under or in this Contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the County. If assignment is approved, this Contract shall be binding upon and inure to the benefit of the successors of the assigning party upon the written agreement by assignee to assume and be responsible for the obligations and liabilities of the Contract, known and unknown, and applicable law. 16. Subcontracting A. Written Consent of the County: The Contractor shall not subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. The County’s consent must be sought in writing by the Contractor not less than 15 days prior to the date of any proposed subcontract. The rejection or approval by the County of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Contract, nor be the basis for additional charges to the County. In no event will the existence of the subcontract operate to release or reduce the liability of Contractor to the County for any breach in the performance of Contractor’s duties. The County has no contractual obligations to any Subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its Subcontractors. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 14 of 20 Contract - 6360257 B. “Subcontract” Defined: “Subcontract” shall mean any agreement between the Contractor and a Subcontractor or between Subcontractors that is based on this Contract, provided that the term “subcontract” does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. C. Required Clauses for Subcontracts: The Contractor shall include Section 4, 5, 6, 7, 8, 10, 15, 16, 17, 18, 19, 20, 21, 22, 28, 29, and 30 in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. Required Language for Subcontracts: The Contractor shall include the following language verbatim in every subcontract for services which relate to the subject matter of this Contract: “Subcontractor shall protect, defend, indemnify, and hold harmless King County, its elected and appointed officials, officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of Subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third-party beneficiary to its Contract with Contractor and shall have the right to bring an action against Subcontractor to enforce the provisions of this paragraph.” 17. Nondiscrimination and Payment of a Living Wage A. The Contractor shall comply with all applicable federal, state, and local laws regarding discrimination, including those set forth in this Section. B. Nondiscrimination: During performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of the employee’s or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants and employees are treated equitably, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, age except by minimum age and retirement provisions, status as a family caregiver, military status or status as a veteran who was honorably discharged or who was discharged solely as a result of the person’s sexual orientation or gender identity or expression. Contractor shall additionally read and comply with all additional requirements set forth at: https://www.kingcounty.gov/depts/community-human- services/contracts/requirements.aspx. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 15 of 20 Contract - 6360257 C. Payment of a Living Wage: In accordance with King County Living Wage Ordinance 17909, for contracts for services with an initial or amended value of $100,000 or more, the Contractor shall pay, and require all Subcontractors to pay, a living wage to employees for each hour the employee performs a Measurable Amount of Work on this Contract. The requirements of the ordinance, including payment schedules, are detailed at https://www.kingcounty.gov/depts/finance-business-operations/procurement/about- us/Living-Wage.aspx. Violations of this requirement may result in disqualification of the Contractor from bidding on or being awarded a County contract for up to two years; contractual remedies including, but not limited to, liquidated damages and/or termination of the Contract; remedial action as set forth in public rule; and other civil remedies and sanctions allowed by law. 18. Code of Conduct DCHS is committed to providing an inclusive, welcoming, supportive, and safe environment for all to feel respected, valued, and empowered. The Contractor shall, while performing the work as described in the attached Exhibit(s), interact with the community being served and the County’s employees in a respectful manner. The County and Contractor shall refrain from engaging in any conduct that communicates a hostile, demeaning, or unwelcome message. Such prohibited conduct can be either verbal or nonverbal and includes, but is not limited to microaggressions, deliberate misgendering, slights, and other conduct that could cause harm. The Contract may be subject to termination under Subsection 12.B. as a result of any violation of this Section by providing the other party 30 calendar days advance written notice of the termination. 19. Conflict of Interest Entering into this Contract with the County requires that the Contractor agree to abide by certain provisions of the King County Employee Code of Ethics, including those relating to conflicts of interest and the employment of current or former County employees. A. Compliance with King County Code of Ethics: The Contractor shall comply with applicable provisions of King County Code (KCC) 3.04. Failure to comply with such requirements shall be a material breach of this Contract and may result in termination of this Contract and subject the Contractor to the remedies stated in this Contract, or otherwise available to the County at law or in equity. B. Penalties: The Contractor acknowledges and agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 16 of 20 Contract - 6360257 C. Former King County Employees: The Contractor acknowledges that, for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify, at the time of offer, current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County’s denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County’s Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. 20. Equipment Purchase, Maintenance, and Ownership A. Equipment Maintenance: The Contractor agrees that when Contract funds are used to pay for all or part of the purchase costs of any equipment that costs $5,000 or more per item, and the purchase of such equipment is identified in an Exhibit to this Contract, such equipment is, upon the purchase or receipt, the property of the County and/or federal/state government. The Contractor shall be responsible for all proper care and maintenance of the equipment, including securing and insuring such equipment. B. Equipment Ownership: The Contractor shall ensure that all such equipment is returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. 21. Proprietary Rights A. Ownership Rights of Materials Resulting from Contract: Except as indicated below or as described in an Exhibit, the parties to this Contract hereby agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. To the extent that any rights in such materials vest initially with the Contractor by operation of law or for any other reason, the Contractor hereby perpetually and irrevocably assigns, transfers, and quitclaims such rights to the County. The County agrees to and does hereby grant to the Contractor a perpetual, irrevocable, nonexclusive, and royalty-free license to use and create derivative works, according to law, any material or article and use any method that may be developed as part of the work under this Contract. B. Ownership Rights of Previously Existing Materials: The Contractor shall retain all ownership rights in any pre-existing patentable or copyrightable materials or articles that are delivered under this Contract, but do not originate from the work described herein. The Contractor agrees to and does hereby grant to the County a perpetual, irrevocable, nonexclusive, and royalty-free license to use and create derivative works, according to law, any pre-existing material or article and use any method that may be delivered as part of the work under this Contract. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 17 of 20 Contract - 6360257 C. Continued Ownership Rights: The Contractor shall sign all documents and perform other acts as the County deems necessary to secure, maintain, renew, or restore the rights granted to the County as set forth in this Section. 22. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 23. King County Recycled Product Procurement Policy If paper copies are required, in accordance with KCC 18.20, the Contractor shall use recycled paper, and both sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices. 24. Future Support The County makes no commitment to support contracted services and assumes no obligation for future support of the contracted activity(-ies), except as expressly set forth in this Contract. 25. Entire Contract The parties agree that this Contract is the complete expression of the described subject matter, and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of this Contract. 26. Contract Amendments Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated only by written amendments to this Contract. 27. Notices Whenever this Contract provides for notice by one party to another, such notice shall be in writing and directed to each party’s contact representative indicated within the Contract Exhibit(s). Any time within which a party must take some action shall be computed from the date that any associated required notice is received by that party. 28. Services Provided in Accordance with Law and Rule and Regulation The Contractor and any Subcontractor agree to abide by the laws of the State of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. If there is an irreconcilable conflict between any of the language contained in any Exhibit or attachment to this Contract, the language in the Contract shall control over the language contained in the Exhibit(s) or the attachment, unless the Exhibit(s) provision expressly indicates DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 18 of 20 Contract - 6360257 that it controls over inconsistent contract language. If there is conflict among requirements set forth in Exhibit(s), language contained in the lower numbered Exhibit shall control unless the higher numbered Exhibit provision expressly indicates that it controls over inconsistent lower numbered Exhibit language. 29. Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. 30. No Third-Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third-party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. 31. Non-Waiver of Breach Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action or failure to act by the County shall constitute a waiver of any right or duty afforded to the County under the Contract; nor shall any such action or failure to act by the County modify the terms of the Contract or constitute an approval of, or acquiescence in, any breach hereunder, except as may be specifically stated by the County in writing. 32. Force Majeure “Force Majeure” means an event or events beyond the parties’ reasonable control, incurred not as a product or result of the negligence of the afflicted party, and which have a materially adverse effect on the ability of such party to perform its obligations as detailed in this Contract. Force Majeure events may include but are not limited to: Acts of God or Nature; war; civil, military, public, or industrial disturbances; acts or threats of terrorism; epidemics, fire, flood, or other casualty; labor difficulties, shortages of labor or materials or equipment; government regulations; delay by government or regulatory agencies; shutdowns for purpose of emergency repairs, and/or unusually severe weather. A. No Breach if Force Majeure Applies: Neither party shall be considered in breach of this Contract to the extent that performance of their respective obligations is prevented by a Force Majeure event upon giving notice and reasonably full particulars to the other party. B. Duty to Minimize Disruption and Give Notice: Parties maintain an express duty to minimize the disruption caused by Force Majeure, and shall, as soon as reasonably practicable, give notice to the other party of the nature and impact of the Force Majeure. Irrespective of any extension of time, if the effect of an event or series of events continues for a period of 180 days, either the County or the Contractor may give to the other a notice of suspension or termination. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 19 of 20 Contract - 6360257 C. Extension of Time: Should Force Majeure events delay the Contractor’s completion of the deliverables and performance commitments, the Contractor may be entitled to an extension for the time for completion. Any extension must be approved in writing by the County. D. Suspending Performance: Should a Force Majeure event prevent the Contractor from completing deliverables or performing commitments in this Contract, the completion or performance shall be suspended only for the time and to the extent commercially practicable to restore normal operations. Further, the Contractor and the County shall endeavor to continue to perform their contractual obligations to the extent reasonably practicable and will work to adjust deliverables or performance commitments as needed to continue the provision of services during the Force Majeure event. Contractor may be reimbursed for any costs incurred mitigating adverse impacts of the Force Majeure and may be compensated for any partial work that has been completed. 33. Emergency Response Requirements Within three months of the execution of this Contract, the Contractor shall prepare and make available to the County upon request, the necessary plans, procedures, and protocols to: A. Respond to and recover from a natural disaster or major disruption to Contractor operations such as a work stoppage. B. Continue operations during a prolonged event such as a pandemic. If the Contractor does not have any such plan as of the start of this Contract, the Contractor may request (1) an extension of the time needed to create a plan, and (2) for assistance from the County in preparing such a plan. At a minimum, any plans, procedures, or protocols described in this Section must include how the Contractor plans to continue to provide the services described in or funded by this Contract. 34. Contractor Certification By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and conditions provided herein, it has read and understands the contracting requirements on the DCHS website at https://www.kingcounty.gov/depts/community-human- services/contracts/requirements.aspx and shall comply with all of the contract terms and conditions detailed on that site, including, but not limited to, Equity and Social Justice, applicable Emergency Response, Equal Opportunity Employment (EEO)/Nondiscrimination, HIPAA, Insurance, and Credentialing requirements. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) City of Renton Page 20 of 20 Contract - 6360257 IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY CITY OF RENTON FOR King County Executive Mayor Armondo Pavone Date Date Jason A. Seth, City Clerk [Attests to Mayor’s signature] Shane Moloney, City Attorney [Approved as to Legal Form] Lori Fleming, Human Services Coordinator [Reviews] DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) CITY OF RENTON Page 1 of 8 2023 Contract 6360257 Exh I EXHIBIT I CITY OF RENTON VSHSL HOUSING STABILITY STRATEGY 3A: ADULT SERVICES DIVISION (ASD) SENIOR HOME REPAIR SERVICES SERVICES PERIOD: MARCH 1, 2023 – DECEMBER 31, 2023 I. WORK STATEMENT The Contractor shall provide oversight, coordination, and implementation of ADULT SERVICES DIVISION (ASD) SENIOR HOME REPAIR SERVICES (the Program). The total amount of reimbursement pursuant to this Exhibit shall not exceed $250,000 for the Services Period noted above as shown in the funding table below. Funding for investment in this program is provided by the King County Veterans, Seniors and Human Services Levy (VSHSL) and is managed by the ASD of the King County Department of Community and Human Services (DCHS), which has the responsibility for achieving and monitoring the overall outcomes. Ongoing funding for the full period of the Exhibit shall be contingent on the Contractor’s implementation of the program as described, timely achievement of the contract Milestones outlined below, continued funding availability and other contractual requirements contained in the Exhibit. ASD Result Area Alignment Services Period Fund Source Funding Allocation Housing Stability MARCH 1, 2023 – DECEMBER 31, 2023 2023 VSHSL Fund - Seniors 2023 VSHSL Fund - Veterans (Reallocated) $225,000 $25,000 Not to Exceed $250,000 II. PROGRAM DESCRIPTION King County’s overarching goal is to ensure that all people, regardless of who they are and where they live, have the opportunity to thrive, with full and equal access to opportunities, power and resources. ASD, in its partnership with CITY OF RENTON, shares a commitment to contributing to community-level change and individual-level impact in the division’s five result areas: • Financial Stability • Healthy Living • Housing Stability • Service System Access and Improvement • Social Engagement. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) CITY OF RENTON Page 2 of 8 2023 Contract 6360257 Exh I Accordingly, the parties will work together to perform and report the services funded under this Exhibit in a manner that contributes to the equity goals of the County described herein. Program Purpose and Equity Statement: The Contractor shall provide the Program to eligible participants in the Renton area to assist in exterior and/or interior home preservation and alleviate health and safety issues for low- and moderate-income Seniors, especially Senior Veterans, to safely reside in their homes following the repair. A. Program Activities The Contractor shall provide services in accordance with this Exhibit, which shall include: 1. Eligible projects under the Program may be minor or major repairs and include but are not limited to the following types of projects: painting to restore or maintain integrity of structure; repairing steps and porches; installation of accessibility ramps or other accessibility supports; repairing or replacing damaged roofs; sewer repair; weatherization; electrical and/or large appliance upgrades; ventilation improvements; purchase, distribution, and installation of heat mitigation equipment such as shades, awnings, window coverings, heat pumps and portable air conditioners; and any other similar structural or interior repairs that the Contractor has deemed appropriate and necessary for maintaining a safe home. 2. Projects identified for the Program shall include those where scope or amount allocated to each project exceed the limits within the Contractor’s existing Senior home repair program or are in addition to projects the existing Senior home repair program completes. 3. The Contractor shall maintain records of a written plan, approved by DCHS, that allows for fair and transparent access to the Program and includes the following elements: a. A line-item estimated budget that accounts for spending of the total funding allocation which may include an administrative rate not to exceed 10%; b. Expected number of projects completed within that budget; and c. A brief narrative to describe how the Program will prioritize projects. 4. The Contractor shall employ effective strategies to reach Seniors, especially Senior Veterans, who have not previously participated in the Contractor’s existing Senior home repair program, such as: a. Conduct outreach for Program referrals with the nearest VSHSL Senior Hub(s), for example distributing flyers, offering information sessions to staff and participants of the Senior Hub, etc., and; b. Provide outreach materials in several languages, reflective of the potential language needs of eligible participants in the area. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) CITY OF RENTON Page 3 of 8 2023 Contract 6360257 Exh I 5. The Contractor shall ensure Program eligibility of participants as described below in Section II. B., and include a process for written attestation of Family Income eligibility and expectation to reside in their serviced homes for the foreseeable future. 6. The Contractor shall ensure qualified and insured personnel, vendors and/or subcontractors provide repair services for eligible Program participants and verify repairs are completed based on professional standards. a. The Contractor shall oversee the coordination of the repair services provider(s) and the eligible Program participant(s). b. Upon completion of each repair project eligible under this Exhibit, the Contractor shall verify the participant’s satisfaction with the repair (in writing) and maintain documentation for reporting purposes. 7. If, by three months prior to the end of the Services Period, the Contractor and DCHS anticipate that funding available will exceed the number of the Program projects the Contractor is able to complete by the end of the Services Period, upon approval by DCHS, the Program may include the purchase of home repair or home modification equipment in preparation for future distribution and installation to Seniors. 8. Unless this Exhibit provides otherwise, all work performed and services delivered by the Contractor during the Services Period shall be in conformance with the requirements and descriptions of this Exhibit and be in compliance with all other terms and conditions of this Contract. B. Participant Eligibility Eligible Program participants are homeowners or renters who have approval of the homeowner in the Renton area with at least one Senior living in the home whose annual gross Family Income must be under 80% of the current HUD Median Family Income shown in the table below. The 2023 Guidelines Table will be furnished when available. 2022 HUD INCOME GUIDELINES Median Family Income = $129,400 for a family of 4 Effective June 15, 2022 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- MODERATE- SIZE LOW-INCOME INCOME INCOME 1 $27,200 $45,300 $66,750 2 $31,050 $51,800 $76,250 DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) CITY OF RENTON Page 4 of 8 2023 Contract 6360257 Exh I 3 $34,950 $58,250 $85,800 4 $38,800 $64,700 $95,300 5 $41,950 $69,900 $102,950 6 $45,050 $75,100 $110,550 7 $48,150 $80,250 $118,200 8 $51,250 $85,450 $125,800 C. Definitions 1. DCHS web-referenced definitions for the following terms used within this Exhibit can be found on King County’s website at https://kingcounty.gov/VSHSL-definitions. a. Senior b. Senior Hub c. Veteran 2. Definitions for the following terms used within this Exhibit can be found in the VSHSL Implementation Plan on King County’s website at https://kingcounty.gov/VSHSL-Implementation-Plan. a. Financial Stability b. Healthy Living c. Housing Stability d. Service System Access and Improvement e. Social Engagement 3. Definitions for other terms used within this Exhibit: a. “Deliverable” means the work product and other output of the services and program activities required to be delivered by the Contractor as part of the performance of this Exhibit, as specified in the relevant section below. b. "Family Income” means the combined gross income of all occupants (related or not) residing in the same house that are 18 years of age or older. c. “Milestone” means a scheduled event signifying the provision of a Deliverable or a set of related Deliverables, occurrence of an event, or completion of a task, activity, or service by the identified date as set forth in Section V.C., Milestones. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) CITY OF RENTON Page 5 of 8 2023 Contract 6360257 Exh I d. “Services Period” means the period of time during which Contractor will be paid, funded, or reimbursed according to the terms and conditions of this Contract. If no other date is listed in this Exhibit, the Services Period shall begin when this Exhibit becomes effective, which is upon execution. D. Contract Milestones The Contractor shall meet the following Milestones during the Services Period: 1. Within 30 days of contract execution, provide DCHS with the detailed budget and the plan for fair and transparent access to the Program and begin work with DCHS program staff to adjust the plan as needed. 2. By September 11, 2023: Meet with DCHS to review the status of anticipated projects and determine next steps for excess of fund, as appropriate. E. Subcontracted Services The Contractor shall invoice the County for due and payable invoices of the Subcontractor or for costs paid by the Contractor for goods, materials, or services already provided by the Subcontractor. The Contractor shall invoice the County only after the Subcontractor has invoiced the Contractor. The Contractor shall include a copy of the Subcontractor's invoice with its invoice submitted to the County. III. PARTNERSHIP AND REPORTING REQUIREMENTS A. Partnership Activities 1. The Contractor shall work with King County staff to coordinate and align services with other VSHSL-funded organizations and system partners in order to effectively and efficiently administer a set of services that participants may be seeking to access. 2. The Contractor shall include an attribution to the VSHSL with the use of the VSHSL logo and/or a statement such as “This program receives funding from the King County Veterans, Seniors and Human Services Levy” in all program marketing materials, digital or hardcopy, developed during this contract period. B. Reporting Activities 1. The Contractor shall participate in monthly check-ins with King County staff either in person or by phone. Check-ins may be reduced or increased in frequency based on program needs and King County needs to ensure program accountability and the provision of adequate support for the program. 2. Starting on July 17, 2023, Contractor shall submit an individual level demographic and project status report to the County on a quarterly basis. Reports are due within ten business days following the end of each quarter. The format and reporting mechanisms for this report shall be DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) CITY OF RENTON Page 6 of 8 2023 Contract 6360257 Exh I provided by the County. The report shall include at least the following information for each project funded but may include additional reporting fields: age, race, ethnicity, veteran status, income, gender identity of individual requesting assistance, zip code, date participant requested project, date project was started, project scope, date project was completed/or project status update, and cost of the project. 3. The Contractor shall submit a narrative report to King County on January 15, 2024. The report shall cover the activities of this Contract. The format and questions for the annual narrative progress report shall be provided by King County. 4. King County reserves the right to request additional supporting documentation or information, as needed, and between reporting periods. A minimum of three business days’ notice shall be provided to the Contractor. If the Contractor believes such notice is inadequate to prepare the report, it shall work with King County to adjust the due date for additional requested information. 5. The meeting and reporting requirements of this Section III. shall begin on the date this Exhibit becomes effective. 6. The Contractor must retain on file backup documentation for all costs paid for repair services including receipts, invoices, timesheets, and copies of checks for the duration of Contractor’s VSHSL award plus an additional six years. This documentation must be made available upon request. The County may conduct a site visit to the Contractor’s office to review and verify the foregoing records. Advance notice will be given to the Contractor in the case of fiscal audits to be conducted by the County. IV. COMPENSATION AND METHOD OF PAYMENT Regular payment for activities covered by this Exhibit shall be based on (1) meeting the program, Deliverables, and Milestone due dates outlined in this Exhibit, and (2) during the Services Period, the Contractor incurring periodic costs and expenses in performing such services as described in Section II.A., PROGRAM DESCRIPTION: Program Activities of this Exhibit greater than or equal to the periodic payment listed in the table below. Also, by entering into this Contract, the Contractor is agreeing to make concerted efforts to meet the program activities and contract Milestones as outlined in Section II., PROGRAM DESCRIPTION and program and reporting requirements as outlined in Section III., PARTNERSHIP AND REPORTING REQUIREMENTS. If, through analysis of the required reports and data or through conversations with the Contractor, it is determined that the program model, as described in this Exhibit, is not successfully or sufficiently serving the King County Senior community, the Contractor shall work with King County to re-envision the program model, and pivot, using learnings to improve service delivery. Such adjustments shall be documented in an amendment to this Exhibit signed by both parties. If the Contractor does not meet the agreed upon program activities, Deliverables and/or contract Milestones during two quarters of the Contract and/or if the Contractor fails to engage with the King County staff to re-envision the program model or make necessary DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) CITY OF RENTON Page 7 of 8 2023 Contract 6360257 Exh I adjustments in order to better serve King County Seniors, King County reserves the right to request specified corrective action in writing or, either before such a request is issued or if such a request is unheeded or does not produce improved engagement toward quality improvement, to reduce the contract amount, withhold payment, or terminate the contract in line with notice requirements in this Contract’s Standard Terms and Conditions. A. Compensation Upon the acceptance of the Contractor’s services, Deliverables, and/or achievement of Milestones, each as applicable and performed during the Services Period, and the delivery and acceptance of correct Billing Invoice Package (BIP), DCHS shall make a quarterly payment as stated in the payment table below. B. Unspent Funds If unspent funds remain at the end of the year, at King County’s sole discretion, such funds shall return to the fund source they originated in and be considered for reprogramming for other VSHSL priorities. C. Acceptance of Work To serve the best interests of King County, the delivery of each Deliverable shall be subject to acceptance by DCHS. DCHS may withhold payment if it rejects or fails to accept a Deliverable; payment on the Contract shall not be considered acceptance of Work. DCHS shall provide written notice to the Contractor of DCHS’ acceptance or rejection of a Deliverable within fourteen (14) calendar days from the date of DCHS’ receipt of such Deliverable. If DCHS does not accept a Deliverable, such notice shall include the reasons for such rejection, and the Contractor shall have fourteen (14) calendar days to cure the identified deficiency(-ies). D. Billing Invoice Package The Contractor shall submit a BIP quarterly for payment of actual expenditures pursuant to services as described in this Exhibit. The BIP shall consist of an expenditure report in a format approved by King County and other reporting requirements as stated in Section III., PARTNERSHIP AND REPORTING REQUIREMENTS of this Exhibit in a format approved by King County. The BIP is due within ten business days following the end of each payment period. The total amount of reimbursement each year of this Exhibit shall not exceed the yearly funding allocation as noted in the funding table in Section I., WORK STATEMENT, unless otherwise approved by King County in writing. The Contractor’s obligation to submit a BIP shall not begin until after the effective date of this Exhibit. The Contractor shall advise King County quarterly of any material changes in revenues from sources other than the County that are used to provide the services funded under this Exhibit. The Contractor agrees to re-negotiate, as needed, if the County determines that such changes are substantial. DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) CITY OF RENTON Page 8 of 8 2023 Contract 6360257 Exh I Date Due Payment Period Payment / Fund Source Deliverable July 17, 2023 March – June 2023 VSHSL Fund - Seniors 1. Accurate invoice 2. Individual-level and project status data 3. General ledger/expenditure detail, subcontractor invoices, receipts and/or other supporting documentation for Program reimbursement requests VSHSL Fund - Veterans October 13, 2023 July - September 2023 VSHSL Fund - Seniors 1. Accurate invoice 2. Individual-level and project status data 3. General ledger/expenditure detail, subcontractor invoices, receipts and/or other supporting documentation for Program reimbursement requests VSHSL Fund - Veterans January 15, 2024 October - December 2023 VSHSL Fund - Seniors On-time completion / submission of: 1. Accurate invoice 2. Individual-level and project status data 3. Annual narrative progress report 4. General ledger/expenditure detail, subcontractor invoices, receipts and/or other supporting documentation for Program reimbursement requests VSHSL Fund - Veterans DocuSign Envelope ID: 910D76A1-5E1C-4B7C-A812-9662FC99761A In Process AGENDA ITEM #7. b) AB - 3360 City Council Regular Meeting - 05 Jun 2023 SUBJECT/TITLE: Utility Bill Leak Adjustment Request for RVA Center, LLC 005270 -000 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Terri Weishaupt, Utility Accounts Supervisor EXT.: 6920 FISCAL IMPACT SUMMARY: This leak adjustment in the amount of $3,608.17 is broken down as follows: Feb-23 Mar-23 Total Water $261.07 $272.14 $533.21 Sewer $522.14 $544.28 $1,066.41 Metro $983.43 $1,025.13 $2,008.55 Total $1,766.63 $1,841.54 $3,608.17 SUMMARY OF ACTION: Per Renton Municipal Code 8-4-46 and 8-5-23 for water and wastewater billing adjustments for water leaks, the city will grant an adjustment of up to a maximum of two regular meter reading cycles during the billing period when the water leak occurred. The finance department received a formal leak adjustment request from RVA Center, LLC, a commercial property, for a leak that occurred at the service address 601 S Grady Way. The property owner has met the requirements outlined in the code to adequately qualify for the leak adjustment. The requested adjustment in the amount of $3,608.17 covers the billing periods for February 2023 and March 2023. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Staff recommends an adjustment to this customer’s account for a total of $3,608.17 for excess water usage caused by a qualified water line leak in accordance with RMC 8-4-46 and 8-5-23. AGENDA ITEM #7. c) Finance Department Memorandum DATE:Wednesday, May 31, 2023 TO:Valerie O’Halloran, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Administrator STAFF CONTACT:Terri Weishaupt, Utility Accounts Supervisor SUBJECT:Utility Bill Leak Adjustment Request Account: 005270-000 Owner: RVA Center, LLC ISSUE Should City Council grant the request for a reduction of increased water, city sewer, and King County metro charges resulting from a water leak at the service address of 601 S Grady Way? BACKGROUND In accordance with Renton Municipal Code (RMC) 8-4-46 and 8-5-23, water and wastewater billing adjustments for water leaks, the city will grant an adjustment of up to a maximum of two regular meter reading cycles during the billing period when the water leak occurred. Water will be adjusted by 50% of leaked consumption; sewer will be adjusted by 100% of all leaked water that did not enter the sanitary sewer system. The finance department received a formal leak adjustment request from RVA Center LLC, a commerial property, for a leak that occurred at the service address 601 S Grady Way. The water leak was located in the main water line and was repaired on 4/16/2023. The property owner has met the requirements outlined in the code, including submitting proof of repair, to adequately qualify for the leak adjustment. The requested adjustment in the amount of $3,608.17 covers the billing periods of February 2023 and March 2023 as follows: Feb-23 Mar-23 Total Water $261.07 $272.14 $533.21 Sewer $522.14 $544.28 $1,066.41 Metro $983.43 $1,025.13 $2,008.55 Total $1,766.63 $1,841.54 $3,608.17 RECOMMENDATION Staff recommends an adjustment to this customer’s account for a total of $3,608.17 for excess water usage caused by a qualified water line leak in accordance with RMC 8-4-46 and 8-5-23. AGENDA ITEM #7. c) AB - 3361 City Council Regular Meeting - 05 Jun 2023 SUBJECT/TITLE: Personal holiday policy and procedure changes for non-represented employees RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Human Resources / Risk Management Department STAFF CONTACT: Ellen Bradley-Mak, Administrator EXT.: 7657 FISCAL IMPACT SUMMARY: Estimated budget impact will be $30,000, based on approximately 20% of hours expected to be cashed out. SUMMARY OF ACTION: The interpretation of existing contract language regarding personal holidays for AFSCME represented employees was recently updated. This agenda bill proposes a similar policy change, for non-represented employees in regularly budgeted positions, and also allows non-represented employees to cash out unused personal holiday hours at the end of each year, which AFSCME represented employees currently may do. The proposed change in policy and procedure is as follows: Upon hire into a non-represented position (may also apply to employees who transfer or promote into non-represented positions in certain circumstances), non-represented employees will be eligible to receive one day (eight hours) of personal holiday; if the hire date is prior to July 1st, after six months of employment, the non-represented employee will receive a second personal holiday (eight hours). Starting in January of 2024, all non-represented employees hired anytime the previous year will receive two personal holidays, and continue to receive this Personal Holiday benefit each year thereafter during their employment. Furthermore, non-represented employees shall be able to cash out any unused personal holiday hours at the end of each year, starting in 2023. EXHIBITS: n/a STAFF RECOMMENDATION: Staff recommends that Council adopt the new Personal Holiday policy and procedural changes described in the Summary of Action, for non-represented employees, as of July 1, 2023. AGENDA ITEM #7. d) AB - 3363 City Council Regular Meeting - 05 Jun 2023 SUBJECT/TITLE: Maplewood Golf Course – Driving Range Used Artificial Turf Purchase RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Steve Meyers, Golf Course Manager EXT.: 6803 FISCAL IMPACT SUMMARY: The total cost of the used artificial field turf to be installed, at a later date, in the Maplewood Driving Range would be $274,699.50. This price would include tax and shipping from Pullman, Washington. Compared to the price of new turf, plus tax and shipping at approximately $897,315.00, this would be a savings of approximately $622,615.50. We worked with Legal and Finance teams to confir m that this is a Special Market Consideration as quality used field turf like this does not come up for sale very often. The funds for this purchase are available in the Golf Course 404 beginning fund balance reserve. Requesting additional budget appropriation of $274,699.50 as well as a transfer from the operating fund to the capital fund for the same amount. The additional budget will also be included with the Q2 2023 budget adjustment. SUMMARY OF ACTION: The Driving Range turf replacement has been in the long-range capital plan for eight years. The existing artificial turf installed in 1999 has significantly deteriorated causing damage to equipment and expenditure of additional replacement and repair funds. The City has the opportunity to immediately purchase at considerable cost savings – the used artificial turf currently being harvested by Coast to Coast Turf company, from a practice field at Washington State University as a special facility and special market condition. The available used turf is in excellent to good shape. It is anticipated to last for over ten years. Currently there are no other sources for excellent condition used turf at this cost. This is a great opportunity to recycle and reuse this used product at a significant cost savings to the City. However, this purchase opportunity is only available for a limited time and will be sold and unavailable before a competitive bidding process can be completed EXHIBITS: A. Invoice estimate #1014 for used artificial turf purchase B. Resolution STAFF RECOMMENDATION: Adoption of a resolution authorizing the purchase of artificial turf for the Maplewood Golf Course driving range and authorize an exception to the public works competitive bidding requirements for purchases involving special facilities or special market condition and authorize additional budget appropriations in the amount of $274,699.50 AGENDA ITEM #7. e) 3303 37th ave W Seattle WA, 98199 ESTIMATE #1014 (509) 413-6164 DATE 5/15/23 Maplewood Golf Course Project Name Details AMOUNT Used Turf 155000 Square Feet ($1.30 per square foot)$201,500.00 Trucking (24 trucks | $2000 per truck)$48,000.00 SUBTOTAL $249,500.00 TAX RATE 10.10% OTHER $0.00 TOTAL $274,699.50 THANK YOU FOR YOUR BUSINESS! GOLF RANGE TURF Estimate on turf is valid for 30 days.Trucking rates change on a daily basis. Trucking is quoted from Pullman to Renton, WA. AGENDA ITEM #7. e) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, FINDING A SPECIAL FACILITY AND MARKET CONDITION AND GRANTING AUTHORITY FOR MAPLEWOOD GOLF COURSE TO PURCHASE USED ARTIFICIAL TURF FOR THE DRIVING RANGE. WHEREAS, RCW 39.04.280(1)(b) authorizes an exception to the public works competitive bidding requirements for purchases involving special facilities or special market conditions; and WHEREAS, the Golf Course is in need of new turf for the driving range. The Golf Course driving range turf replacement has been in the golf course long range plan for eight years. The existing artificial turf installed in 1999 has significantly deteriorated causing damage to equipment and expenditure of additional replacement and repair funds; and WHEREAS, the City has the opportunity to immediately purchase at considerable cost savings – the used artificial turf currently being harvested by Coast to Coast Turf company, from a practice field at Washington State University as a special facility and special market condition. WHEREAS, the available used turf is in excellent to good shape. It is anticipated to last for over ten years. This field turf is all the same green color with no permanent lines. It has a protective underlayment that helps preserve the integrity of the field turf. Currently there are no other sources for excellent condition used turf this cost; and WHEREAS, the City driving range requires approximately 155,000 square feet of turf. The available used turf is currently priced at $1.30 per square foot which includes the infill, in comparison to new turf plus infill which is priced at approximately $5.00 per square foot. This results in a significant cost savings for the product alone. The cost of 155,000 square feet of this AGENDA ITEM #7. e) RESOLUTION NO. _______ 2 used turf with tax and shipping would be $274,699.50, compare that to the price of new turf, plus tax and shipping at approximately $897,315.00, this would be a savings of approximately $622,615.50. This is a great opportunity to recycle and reuse this used product at a significant cost savings to the City. However, this purchase opportunity is only available for a limited time and will be sold and unavailable before a competitive bidding process can be completed; and WHEREAS, the above information is consistent with a finding of Special Facility and Special Market Condition authorized by RCW 39.04.280(1)(b) and City Policy 250-02 section 5.3.1 as an exception to the public works competitive bid laws. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are adopted as findings. SECTION II. The Council hereby finds that a Special Facility and Special Market Condition exists and by these written recitals and findings, the City Council does hereby authorize the turf purchase and waives competitive bidding requirements for the attached turf purchase attached hereto as Exhibit A. PASSED BY THE CITY COUNCIL this day of , 2023. ______________________________ Jason A. Seth, City Clerk AGENDA ITEM #7. e) RESOLUTION NO. _______ 3 APPROVED BY THE MAYOR this day of , 2023. ______________________________ Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney RES- P&R:1943:5/25/2023 AGENDA ITEM #7. e) 3303 37th ave W Seattle WA, 98199 ESTIMATE #1014 (509) 413-6164 DATE 5/15/23 Maplewood Golf Course Project Name Details AMOUNT Used Turf 155000 Square Feet ($1.30 per square foot)$201,500.00 Trucking (24 trucks | $2000 per truck)$48,000.00 SUBTOTAL $249,500.00 TAX RATE 10.10% OTHER $0.00 TOTAL $274,699.50 THANK YOU FOR YOUR BUSINESS! GOLF RANGE TURF Estimate on turf is valid for 30 days.Trucking rates change on a daily basis. Trucking is quoted from Pullman to Renton, WA. EXHIBIT A to City of Renton Resolution No. ______AGENDA ITEM #7. e) AB - 3356 City Council Regular Meeting - 05 Jun 2023 SUBJECT/TITLE: 2023 Juneteenth Celebration Temporary Event Fee Waiver Request RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Carrie Nass, Recreation Director EXT.: x6624 FISCAL IMPACT SUMMARY: Waive $1,675.00 in temporary use and permit fees. SUMMARY OF ACTION: The City of Renton has numerous opportunities for the public to engage in the community, its culture, and its citizens through single, seasonal, and reoccurring programs and events. Fee waivers are provided to groups who provide these opportunities, who may not be able to put them on with the added burden of rental, use, and permit fees. The Renton-King County Justice Alliance is a local non-profit organization producing a Juneteenth Celebration at Liberty Park on June 25, 2023 and is expecting upwards of 6 00 attendees. The organizer has applied through the Temporary Event Permit process and is requesting the waiver of use and permit fees totaling $1,675 (Field Rental of Big Liberty, Little Liberty and basketball court=$1,190.00; Temporary Event Permit fee= $85; and 4 spider boxes ($100 each) = $400). EXHIBITS: A. 2023 Juneteenth Celebration Fee Waiver Request Form STAFF RECOMMENDATION: Approve the requested fee waiver of $1,675.00 in temporary use and permit fees by the Renton -King County Justice Alliance, for the Juneteenth Celebration event, on June 25, 2023, at Liberty Park. AGENDA ITEM #7. f) CITY OF RENTON PARKS AND RECREATION DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee waiver and/or reduction requests will be submitted for approval to the City Council via the Finance Committee. Request date: May 1, 2023 Name of group: Renton King County Justice Alliance Group contact/number: 425-970-0003 Address (Street, State, Zip): PO Box 3266 Email address: elev8prm@gmail.com, rentonjustice@gmail.com Date of event: June 25, 2023 Number in party: 600+ Location/Address: Liberty Park - 1101 Bronson Way N, Renton, WA 98057 Type of event: Festival Staff contact/number: Fancy - 425-970-0003 What is the total cost of the rental and applicable fees? What is the cost of the fee waiver or reduction requested? Describe event and explain why a reduction or waive of fees will benefit our Renton citizens: AGENDA ITEM #7. f) AB - 3358 City Council Regular Meeting - 05 Jun 2023 SUBJECT/TITLE: Dish Wireless, LLC Lease Agreement RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci, PW - Facilities Director EXT.: x6609 FISCAL IMPACT SUMMARY: The City will receive $7,500 one-time admin fee plus $2,800 monthly with annual increase of 3% generating approximately $186,000 in revenue over the five-year lease term. SUMMARY OF ACTION: A new Lease (LAG-23-) with Dish Wireless LLC, a Colorado limited liability company. The lessee is engaged in the operations of communications and desires to lease a 15' x 15' ground equipment pad of the Highlands Reservoir site at 3410 NE 12th St, Renton WA. Lessee will not affix or mount any antennas, devices, equipment or related material, in any manner or in any location which would cause degradation in the operation or use of communications systems at the Highlands Reservoir which serve the City or oth er public users. Terms of the lease: • Five-year lease effective July 1, 2023, to June 30, 2028 • One time administration fee of $7,500 for processing • Monthly fee pf $2,800 with 3% annual increase • Total revenue generated over contract term is estimated at $189,000 or more with 3% annual increase. EXHIBITS: A. Dish Wireless Highlands Lease STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the lease agreement with Dish Wireless, LLC for the use of space on or at the Highlands Reservoir Facility for a 5-year period effective July 1, 2023 to June 30, 2028 AGENDA ITEM #7. g) WIRELESSCOMMUNICATIONFACILITIESSITELEASEAGREEMENTTHISSITELEASEAGREEMENT(“Lease”,“Agreement”,or“LeaseAgreement”)ismadeasofthis________dayof_____________,2023,(the“EffectiveDate”)byandbetweentheCityofRenton,aWashingtonmunicipalcorporation(the“City”),andDISHWirelessL.L.C.,aColoradolimitedliabilitycompany,havinganofficeat9601S.MeridianBlvd.,Englewood,Colorado80112(“Lessee”).TheCityandLesseearesometimesreferredtocollectivelyinthisAgreementasthe“Parties”.Renton’sFacilitiesDivision(“Facilities”)isthecustodianoftheproperty.RECITALSWHEREAS,theCitysupportsincreasedavailabilityandimprovedcommunicationsservicesforitscitizensandbusinesses;andWHEREAS,theCity’sprimaryresponsibilityistoprovidemunicipalservicestoitscitizensandbusinessesandtoleaseCityfacilitiestoprivatecommunicationcompaniesifsuchleasewillnotinterferewiththedeliveryofthosemunicipalservices;andWHEREAS,opportunitiesfortheCitytoleaseCitypropertyshouldbemarketedtoaccomplishthegreatestexposureandtoachievethebestvaluefortheCityanditsresidents;andWHEREAS,City-ownedpropertymustbeleasedatnolessthanfairmarketvalue;andWHEREAS,theCityownscertainimprovedrealpropertyandfacilitiesincludingbutnotlimitedwaterreservoirs,pumpstation,emergencypowergeneratorandrelatedappurtenanceslocatedat3410NE12th1St,Renton,Washington,commonlyreferredtoasHighlandssite,whichislegallydescribedinExhibitA,attachedandfullyincorporatedbyreferenceintothisLease(“Property”);andWHEREAS,theLesseeisengagedintheoperationofcommunicationsfacilitiesanddesirestoleasefromtheCity,andtheCityiswillingtoleasethatportionofthePropertywhichismarkedas“Lessee’sEquipmentFacilityArea”describedinExhibitB,attachedandfullyincorporatedbyreferenceintothisLease;andTERMSOFNON-EXCLUSIVELEASENOWTHEREFORE,forvaluableconsiderationthesufficiencyofwhichisacknowledgedandinconsiderationoftheterms,conditions,covenantsandperformancescontainedinthisLease,thePartiesmutuallyagreetoincorporatetheabove-notedRecitalsandagreeasfollows:1of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) 1.TheCityRepresentstheFollowing:A.ItownsthePropertyandLessee’sEquipmentFacilityAreaandallappurtenancestothePropertyandEquipmentFacilityAreanotownedbyotherLessees;B.ItisfullyauthorizedtoenterintothisLease;C.TheindividualexecutingthisLeaseonbehalfoftheCityisauthorizedtobindtheCitytotheprovisionsofthisLease.2.AreasLeased/EquipmentFacilityArea:A.TheCityleasestoLesseeatLessee’ssoleresponsibilityandexpense,anon-exclusiveportionoftheProperty,identifiedinthisLeaseasLessee’sEquipmentFacilityArea,(ExhibitB),togetherwithnon-exclusiveaccessrightstotheCity’sconduitsiftheconduitsareavailableasdeterminedsolelybytheCity,asfurtherdescribedinExhibitC,attachedandfullyincorporatedbyreferenceintothisLease,andaccessrightstoandfromLessee’sEquipmentFacilityAreathroughthePropertytothepublicright-of-way,sufficientforLessee’suseofLessee’sEquipmentFacilityArea,asoutlinedinParagraph3ofthisLease.AnychangestothelocationofLessee’saccessright(describedinExhibitC)issubjecttotheCity’sapproval.B.LesseehasexaminedthePropertyandacceptsLessee’sEquipmentFacilityAreaandsurroundingProperty“asis”,initspresentconditionaspartoftheconsiderationofthisLease.3.PermittedUse:TheLesseemayuseLessee’sEquipmentFacilityAreaonlyfortheinstallation,operation,maintenance,replacement,modification,upgradeandremovalatLessee’ssoleresponsibilityandexpense,ofLessee’sun-staffedantennasiteequipment,tobereferredtoas“Lessee’sSiteEquipment”.TheSiteEquipmentonthePropertyshallcompriseonlythoseitemsdescribedonExhibitD,attachedandfullyincorporatedbyreferenceintothisLease.ThedefinitionofwhatisincludedasLessee’sSiteEquipmentinExhibitDmayonlybemodifiedbywrittenagreementoftheParties.LesseeshallnotusethePropertyforanyotherpurposewithouttheCity’spriorwrittenconsent,whichtheCitymaywithholdforanyreasonattheCity’ssolediscretion.4.EffectiveDate:AllreferencesinthisLeasetothe“EffectiveDate”,“AcceptanceDate”,“thedatehereof”,orsimilarreferencesshallbedeemedtorefertothedateonwhichthelastpartyhasexecutedandacknowledgedthisLease,asshownonthefirstpageofthisLease.5.Term:ThisLeaseshallcommenceonJuly1,2023(“CommencementDate”),andshallexpirefive(5)yearsfromsuchdateonJune30,2028(“InitialTerm”);providedthatthisLeasemaybeextendedforuptotwo(2)additionaltermsoffive(5)yearseach(“RenewalTerm”).2of36LesseeSiteNumber:SESEAOO378CHigh’ands/DishCQCAGENDA ITEM #7. g) SuchextensionshallbebywrittenagreementandaddendumtothisLease.TerminationprovisionsareprovidedinParagraph38.6.InitialStaffTime;Rent;SubsequentAdjustments;HoldoverRent&ChargesforLatePayment:A.InitialStaffTime:Lesseeshallpayaone-timefeeintheamountofSevenThousand-FiveHundredDollars($7,500)withinsixty(60)daysfollowingtheEffectiveDateforinitialstafftimeinpreparingthisAgreement.ThisfeeshallbedeliveredormailedtotheaddressinParagraph6.Cbelow.Lesseemayincuradditionalfees,theamounttobedeterminedbytheCity,ifLesseerequestssignificantrevisionstoLessee’sEquipmentFacilityAreaand/oradditionalareawithintheProperty.B.AttheCity’sdiscretion,alicensedengineeroftheCity’schoiceshallreview,inspect,andapprovetheoriginalinstallationandanyfuturemodificationsandadditionstotheSiteEquipment.Lesseeshallbearthereasonablecostofsuchapprovalandinspection.C.MonthlyRents:1.MonthlyRentistheamountsasdefinedinParagraph6.DbelowplusWashingtonLeaseholdExciseTax.LesseeisresponsibletopaytheLeaseholdExciseTaxeitherdirectlytotheStateandtoprovideproofofsuchpaymenttotheCityassetforthinParagraph7belowortopaytheLeaseholdExciseTaxdirectlytoCity.2.Rentpaymentsshallreference,“LAG--HighlandsReservoirWirelessCommunicationsLease”,andshallbedeliveredelectronicallyasapprovedbytheCityofRentonFinanceDepartmentormailedto:CityofRentonFinanceDepartment1055SouthGradyWayRenton,Washington980573.RentforanypartialmonthatthebeginningorendofthetermofthisLeaseshallbeprorated.4.AsaconditiontoLesseepayinganyMonthlyRentorotherfeesorsumsdueunderthisLease,CityshallprovideLesseewithacompletedIRSFormW-9andotherdocumentationreasonablyrequiredtoallowLesseetopayCitysuchrent,feesorsums.D.RentsDue:1.CommencingontheCommencementDate,MonthlyRentshallbeTwoThousand,EightHundredDollars,($2,800)eachmonthinvoicedmonthlybytheCity,plusWashingtonLeaseholdExciseTax,ifapplicable.3of36LesseeSiteNumber:SESEAOO378CHighlands/DishGQCAGENDA ITEM #7. g) 2.TheMonthlyRentamountshallincreasethreepercent(3%)peryearoneachanniversaryoftheCommencementDate.E.TheCityretainstherighttoidentifyadditionalcharges/rentinaproportionalamount,foranyadditionalrequestsbyLesseeforleasespaceoutsideLessee’sEquipmentFacilityArea.TheCitymay,initssolediscretion,denysucharequestforanyreason.F.ReceiptofanyRentbytheCity,withknowledgeofanybreachofthisLeasebyLessee,orofanydefaultonthepartofLesseeintheobservanceorperformanceofanyoftheconditionsorcovenantsofthisLeaseshallnotbedeemedawaiverofanyprovisionofthisLease.G.IfaftertheendoftheInitialTermoranyRenewalTerm,asthecasemaybe,LesseecontinuestousethePropertywithoutenteringintoanewleasewiththeCity,and/ortheCityhasnotprovidedwrittennoticetoLesseethattheLeasewillnotberenewed,theLesseeshallbecomeaTenantonamonth-to-monthbasisonthesametermsandconditionsofthisLease,andpaymonthlyRentequivalenttotheMonthlyRentatthetimetheTermendsincludingtheannualthreepercent(3%)increaseinParagraph6.D.3aboveH.IfanysumspayabletotheCityunderthisLeasearenotreceivedbytheCityonorbeforethefifth(5th)dayfollowingitsduedate,theLesseeagreestopayalatefeeofTwoHundredDollars($200)whichshallbedueandpayablewiththeRentpayment.ThereshallbeaTwenty-fiveDollars($25)feeassessedtotheLesseeifabankorotherfinancialinstitutionreturnsachecktotheCitywiththeindicationthatthecheckcannotbehonoredorindicatesinsufficientfundsforelectronicpaymentofRent.TheCityandLesseeagreethatsuchchargesrepresentafairandreasonableestimateofthecostsincurredbytheCitybyreasonoflatepaymentsanduncollectiblechecks,andthefailurebytheLesseetopayanysuchchargesbynolaterthanThirty(30)calendardaysafterLessee’sreceiptofwrittendemandforpaymentbytheCitytogetherwithreasonablesupportingdocumentationevidencingsuchchargesshallbeadefaultunderthisLease.TheCity’sacceptanceoflessthanthefullamountofanypaymentduefromtheLesseeshallnotbedeemedanaccordandsatisfaction,waiver,orcompromiseofsuchpaymentunlessspecificallyagreedtoinwritingbytheCity.7.Taxes,Assessments&Utilities:TheLesseeagreestopayalltaxesandassessmentswhicharetheresultofLessee’suseofthePropertyand/orwhichmaybecomealienontheinterestofLesseeinaccordancewithRCW79.44.010(Landssubjecttolocalassessments),asitexistsormaybeamended.Lesseeshallpayalltaxes,includingbutnotlimitedtoleaseholdexcisetaxes,whichmaybeleviedorimposedupontheinterestofLesseeorbyreasonofthisLease,unlessexemptunderRCW82.29A.130(Exemptions—Certainproperty),asitexistsormaybeamended,whichcopyofsuchexemptionrequiredtobeattachedtothisLeaseasExhibitE,orifsuchamountispaiddirectlytotheStateofWashington.WithinThirty(30)calendardaysofLessee’sreceiptoftheCity’swrittenrequest,LesseeshallprovidetotheCityevidenceofLessee’spaymentoftheWashingtonLeaseholdExciseTaxinwhichLesseehaspaid4of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) directlytotheStateofWashington.LesseeisresponsibleforandagreestopayforutilitiesthatserveLessee’sEquipmentFacilityAreaattheratechargedbytheservicingutilitycompany.8.Permits:PriortoperforminganyupgradesorconstructionworkwithintheProperty,Lesseeshallsecureallnecessaryfederal,stateand/orlocallicenses,proofofagencyandpermitsfortheconstructionandoperationoftheantennaandassociatedequipment(collectivelyreferredtohereinafteras“GovernmentApprovals”)atitssoleexpense.TheCityauthorizesLesseetomakeanyandallapplicationsand/orsubmissionsnecessarytoobtainallGovernmentApprovalsfromallapplicablegovernmentaland/orregulatoryentitiesrequiredforconstructionoroperationoftheSiteEquipmentwithinLessee’sEquipmentFacilityArea.Totheextentauthorizedbylaw,theCityagreestocooperatewithLessee,atnocosttotheCityotherthanadministrativecosts,inthesubmissionand/orprocessingofanysuchapplications.9.Non-InterferencetoProperty:A.MultipleOccupants(City,Lessee,lessees,tenantsorequivalents)(eachan“Occupant”)usethisEquipmentFacilityArea,Property,adjacentright-of-wayandaccessareas.TheCitydesiresthatallOccupantswillworktogetherandnotcauseunreasonableinterferencewiththeotherOccupants’uses.LesseeshallnotuseLessee’sEquipmentFacilityArea,Property,adjacentright-of-way,oraccessareasinanywaythatmateriallyinterfereswithanyuseofthePropertyforCitypurposesorotherOccupants,lessees,tenantsorequivalents.B.TheCitywillrequireotherOccupantsoutsideofthehistoricalusesofthePropertytoprovidethesameassurancesagainstinterferencewithanyOccupants’outsidethehistoricalusesoftheProperty,andwillworktoeliminateormitigateunreasonableinterferencewiththeoperationsofLesseecausedbyotherOccupants.10.RadioFrequencyInterferenceStudy(IfApplicable):A.Ifnecessaryforexistingwirelessfacilitiesandfuturewirelessfacilities-Lessee,atLessee’ssoleresponsibilityandexpense,shallperformallnecessarytestsorstudies,includingbutnotlimitedtoradiofrequencytest(s)todeterminethesuitabilityofLessee’sEquipmentFacilityAreaforitsintendeduse.Lesseeshall,inatimelymanner,providetheCitywithacompleteandaccuratecopyofanyandallsuchtestsorstudies.B.Ifnecessaryforexistingwirelessfacilitiesandfuturewirelessfacilities—aspartofthepermittingprocessalongwithstudiesandrequiredpermittingandpriortotheinstallationofSiteEquipment,Lessee,atLessee’ssoleresponsibility,shallconductaninterferencestudy.Pre-existingLessee(s)withcommunicationusescurrentlylocatedonthePropertyshallreviewtheresultsofthisstudy.IfasaresultoftheinterferencestudyitisdeterminedthatoperationofLessee’sSiteEquipmentwouldsignificantlyinterferewiththeoperationanduseofanyotherauthorizedcommunicationsfacilitiesontheSite,5of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) operatedbytheCity,otherpre-existingauthorizedcommunicationsfacilities,orotherpre-existingLessee(s),theLesseeortheCitymayterminatetheLeaseuponthirty(30)calendardays’noticetotheotherpartyandneitherpartyshallhaveanyfurtherobligationsorresponsibilitiesundertheLease,exceptforremovalofLessee’sSiteEquipmentandreturnofLessee’sEquipmentFacilityAreatoitsconditionpriortoinstallationofLessee’sSiteEquipment.C.IfafterLesseeinitiatesoperationofitsSiteEquipment,theCityhasreasontobelievethatLessee’soperationofitsSiteEquipmenthascausedoriscausinganyelectrical,electromagnetic,radiofrequency,orotherinterferencewiththeoperationanduseofanyotherauthorizedcommunicationsfacilitiesontheProperty,whetheroperatedbytheCity,Lessee,oranotherpre-existingLesseewithrightspriorintimetoLessee,Lesseeshallpromptlycommencecurativemeasuresuntiltheinterferencehasbeencorrectedtothereasonablesatisfactionoftheownerofthefacilitiessustaininginterference.Ifsuchinterferencehasnotbeencorrectedwithinsixty(60)calendardaysofLessee’sreceiptoftheinitialnoticefromtheCity,duringthesixty(60)daystheCitymayallowtheLesseetopowerdowntheequipmentcausingtheinterference(exceptforintermittenttesting)untilsuchinterferenceisremedied.IfLesseeisunabletoremedysuchinterferencewithinsuchsixty(60)dayperiod,LesseeortheCitymayterminatetheLeaseuponthirty(30)calendardays’noticetotheCityandLesseeshallnothaveanyfurtherobligationsorresponsibilitiesundertheLeaseexceptremovalofLessee’sSiteEquipmentandreturnofLessee’sEquipmentFacilityAreatoitsconditionpriortoinstallationofLessee’sSiteEquipment.D.Lesseeshallnotaffixormountanyantennas,devices,equipmentorrelatedmaterial,inanymannerorinanylocationwhichwouldcausedegradationintheoperationoruseofcommunicationssystemsatthePropertywhichservetheCityorotherpublicusers.ThiswouldincludebutnotbelimitedtoimpactingthereceivedortransmittedsignalstrengthorpatternsofanysystemsatthesiteservingtheneedsoftheCity.IfatanytimetheoperationofLessee’sSiteEquipmentinterfereswiththereceptionortransmissionofpublicsafetycommunications,followingreceiptofwrittennoticeofsuchinterference,Lesseeshallceaseoperationofthesite(exceptforintermittenttesting)untilsuchtimeastheinterferenceiscorrected.Intheeventtheinterferencecannotbecorrectedwithinthirty(30)daysfollowingreceiptofsuchnotice,partymayterminatetheLeaseuponthirty(30)calendardays’noticetotheotherpartyandneitherpartyshallhaveanyfurtherobligationsorresponsibilitiesundertheLease.Lessee’sSiteEquipmentshallincludeanemergencyoverrideswitchforusebytheCitythatwouldturnoffthebroadcastingsystemincaseofapublicsafetyemergency.E.IntheeventtheoperationoruseofcommunicationssystemsatthePropertywhichservetheCityorotherpublicuserscausesinterferencewithLessee’sequipment,CityagreestoreasonablycooperatewithLesseetoreducesuchinterference.IfsuchinterferencecannotbereducedtoLessee’ssatisfaction,LesseemayterminatethisLeaseimmediatelyuponwrittennoticetoCityandLesseeshallnothaveanyfurtherobligationsorresponsibilitiesundertheLease.6of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) 11.AccessandSecurityforanEquipmentFacilityAreaonProperty:A.Lesseeisherebygrantedalimitedandnon-exclusivelicensetoenterthePropertyformaintenance,operationand/orrepairofLessee’sEquipmentFacilityatthelocationsindicatedontheaccessplan,describedinExhibitC,orasfurthermodifiedtoprovideanalternativeaccessmethodtobeapprovedbytheCity,whichapprovalmaybewithheldforanyreason.B.Lesseeshallmakeitsbestefforttomaintain,repair,orreplaceLessee’sgroundequipmentduringNormalBusinessHours(8:00a.m.to4:30p.m.).LesseeshallnotifytheCity’srepresentativeordesigneepriortoaccessingtheProperty.Facilitiesmaybereachedat(425)430-6605duringNormalBusinessHours.AccesstoLessee’sequipmentonPropertywillrequireforty-eight(48)hourspriornoticetotheCityforthemaintenance,repairorreplacementofsaidequipment.AccesstoPropertyshallbelimitedtoNormalBusinessHoursandworkshallbedoneinamannerthatwillnotinterferewiththeCity’sprimaryuseoftheProperty.ShouldLesseedetermine,outsideofNormalBusinessHours,thatemergencyaccessisneededtoeitherthegroundequipmentortotheequipmentonProperty,LesseeshallnotifytheCitybycontactingtheRentonPoliceDepartmentat911whowillreferthecallertotheCityFacilities’on-callstaff.LesseeshallreimburseFacilitiesforcostsincurredfortheon-calltimetorespondtoanafter-hoursaccessrequest.C.TheCityshall,uponrequestofLessee,providealistofemergencytelephonenumbersknowntotheCityoftheotherlesseesoftheProperty.D.IntheeventofapublicsafetyemergencyattheProperty,theCityshallhavetherighttoturnofftheLessee’sequipmentwithoutpriornotification.TheLesseeshallensurethatanyswitchesforturningofftheLessee’sequipmentareproperlylabeled,includeanemergencycontactphonenumber,andarereadilyaccessibletotheCity.TheCitywillendeavortonotifytheLesseeassoonaspossibleofanyemergencythatrequirestheCitytoturnoffLessee’sequipment.E.IntheeventofanyemergencyinwhichanyofLessee’stelecommunicationsfacilitieslocatedin,above,orunderanypublicwayorCity-ownedpropertybreaks,aredamaged,orifLessee’sconstructionareaisotherwiseinsuchaconditionastoimmediatelyendangertheproperty,life,health,orsafetyofanyindividual,Lesseeshallimmediatelyafterdiscoveringorreceivingnotificationofsuchemergency,taketheproperemergencymeasurestorepairitsfacilities,tocureorremedythedangerousconditionsfortheprotectionofproperty,life,health,orsafetyofindividualswithoutfirstapplyingforandobtaininganypermitasrequiredbythisLease.However,thisshallnotrelieveLesseefromtherequirementofimmediatelynotifyingtheCitybytelephoneuponlearningoftheemergencyandobtaininganypermitsnecessaryaftertheemergencywork.LesseeshallapplyforallrequiredpermitsnotlaterthanthesecondsucceedingdayduringwhichtheRentonCityHallisopenforbusiness.F.Intheeventofapublicemergency,suchas,butnotlimitedto,roadfailure,evacuation,naturaldisasters,hazardoussubstancespills,andfatalaccidentsduringpublic7of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) useattheProperty,Lessee’saccessmay,attheCity’sreasonablediscretion,betemporarilylimitedorrestricted;provided,thatanytemporarylimitationorrestrictioninLessee’saccessshallberestoredassoonasthecircumstancesshallallow,asdeterminedbytheCity.G.ForthesecurityoftheProperty,attheCity’sdiscretion,LesseemayberesponsibletoprovideseparatesecurityfencingandgatetoLessee’sEquipmentFacilityArea.LesseewillprovidetheCity’sdesignatedFacilitiesstaffwithtwo(2)keysforemergencyaccesstoLessee’sEquipmentFacilityArea.TheCitymayatanytimeduringtheTermofthisLeasedeterminethatadditionalsecuritymeasuresareneededattheProperty.LesseeshallreimbursetheCityfortheCity’scostsinimplementingrevisedsecuritymeasures,totheextentthatadditionalcostsareincurredduetothepresenceofLessee’sequipment.TheCityalsoretainstherighttoreviseaccessproceduresduringtheTermofthisLease.LesseeshallcomplywithrevisedaccessrequirementssolongasaccessismaintainedaccordingtoprovisionsoftheLease.12.Utilities&Services:A.Anytime,withtwenty-four(24)hourswrittennoticetotheCity,Lesseeoritssurveyororcontractormay,atLessee’ssoleexpense,enteruponandsurveyLessee’sEquipmentFacilityAreaandtheCity’sabuttingandsurroundingpropertytotakemeasurements,makecalculations,reviewanyandallexistingeasements,propertyrestrictions,ifany,andnoteallotherinformationrelevanttoLessee’sassessmentofthesuitabilityofLessee’sEquipmentFacilityAreaforitspurposes.SaidaccessshallbewithinNormalBusinessHours.B.TheCityshallnotfurnishLesseewithelectricalserviceforLessee’sEquipmentFacilityArea.Lesseehasormayinstall,atitssolecostandexpense,anelectricalmeterandrunsuchutilityandfiberlinesasmaybereasonablynecessarytoprovideelectrical,fiberandotherutilityservicetoLessee’sEquipmentFacilityArea,inalocationacceptabletotheCity,asdescribedinExhibitC.Theprovisionofsuchelectrical,fiberandotherutilitylinesandserviceshallnotmateriallyinterferewiththeCity’snormaluseoftheProperty.TheCitywillnotencumberitspropertyforthebenefitoftheLesseetoprovidetheseservices.C.TheCityshallnotbeliableforanydamagestoanypersonorproperty,norshallLesseeberelievedfromanyofitsobligationsunderthisLease,asadirectorindirectresultoftemporaryinterruptionintheelectricalpowerprovidedtoLessee’sEquipmentFacilityAreawheresuchinterruptioniscausedbyactsofnatureorotheractsbeyondtheCity’scontrol.UndernocircumstancesshalltheCitybeliableforindirectorconsequentialdamagesresultingfromsuchaninterruption.D.TheCityshallnotberesponsibleforprovidingLesseewithanyinformationrelatingtoencumbrancesontheProperty,including,butnotlimitedtosetbacks,utilitiesoreasementsofanynature.8of36LesseeSiteNumber:SESEAOO378CHighlands/DishCCAGENDA ITEM #7. g) E.Lesseemay,iffeasibleandatitssoleexpense,installabackupgeneratorinalocationacceptabletotheCity,inordertoprovideelectricalservicetoLessee’sEquipmentFacilityAreaduringemergencysituationswhereelectricalpowerisnototherwiseavailable.Anyback-upgeneratormustbesodesignedandoperatedastonotexceedlocalnoiselevelstandardsoftheapplicableCityofRentonordinanceorotherapplicablelaws.Back-upgeneratorandassociatedinfrastructure,shallbeidentifiedtoLessee’splansandincludedaspartoftheinitialdesignreview.13.CompliancewithLaws:A.Lesseeshall,atalltimesandatitssoleresponsibilityandexpense,complywithallapplicablestatutesandordinances,orders,guidelines,policies,directives,rulesandregulationsofmunicipal,county,stateandfederalgovernmentalauthoritiesorregulatoryagencies(“Laws”)relatingtotheconstruction,operationand/ormaintenanceofLessee’sEquipmentFacilityAreaandadjacentAntenna,includingFCCregulationsforcompliancewithlimitsonhumanexposuretoradiofrequency(RF)emissions.Lesseeshalldefend,indemnifyandholdharmlesstheCityanditsemployeesandagentsagainstanyclaimsarisingfromanyviolationsbyLessee,itsagentsoremployees,ofanysuchLaws.TheindemnityprovisionofthisparagraphshallsurvivetheterminationorexpirationofthisLease.B.LesseeshallnotuseLessee’sEquipmentFacilityAreaforanyillegalpurposesorviolateanyapplicableLaws,norcreateorallowanynuisanceorhazardousmaterials,nortrespassordoanyactonthePropertythatwouldincreasetheinsurancerates,nordeface,damageoroverloadtheProperty’sstructuralcomponents.14.AdvertisingDevices,Signs&Lighting:A.LesseeshallnotplaceanyadvertisingdevicesonorabouttheProperty.B.LesseeshallpostandmaintainonLessee’sEquipmentFacilityAreaappurtenanttheretoasignnolargerthaneighteeninches(18”)squaregivinganemergencytelephonenumber(unlessalargersignisrequiredbytheLaws).NoothersignsarepermittedonorabouttheProperty,excepttotheextentrequiredbytheLaws.ExcludedfromthisrestrictionaresignsrequiredbytheFCC.AtnotimeshallLesseepostanysignontheCity’sPropertywithouttheCity’spriorwrittenpermission,unlesssuchsignisrequiredbytheLaws.15.Installation,Maintenance,andStewardship:A.AtthetimeofinstallationofLessee’sequipment,Lesseeshallpainttheequipmenttomatchthecoloroftheexistingsurface.Whennewequipmentisaddedorexistingequipmentisreplaced,itshallbepaintedtomatch.B.TheLesseewillnotinterferewiththeCity’suseoftheProperty,norwillLesseeortheLessee’sequipmentcreateanelectricalcurrentorfieldthatwilldamagetheCity’sPropertyorcommunicationsequipmentorcapability.9of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) C.LesseewillnotweldtothePropertywithouttheCity’spriorwrittenconsent.D.WhentheCitydeterminesthatthePropertyisinneedofrepainting,theLesseeshallberesponsibleforallcostsassociatedwithpreparingandpaintingallcommunicationfacilities(conduit,mountingpoints,antennas,etc.),preparingandpaintingthePropertysurfacesundercommunicationfacilities,andpreparingandpaintingthesurfacesfromthepointofthelowestmountedequipmenttothetopoftheofwheretheequipmentismounted.TheLesseeshallpayforcostsincurredbytheCityincludingbutnotlimitedtoengineering,andcontractpreparationandadministration.Suchcostswillbepaidwithinthirty(30)daysfollowingreceiptofaninvoicetogetherwithreasonablesupportingdocumentationevidencingsuchcosts.E.Priortoanyoperationinwhichearth,rock,orothermaterialonorbelowthegroundismovedorotherwisedisplacedtoaverticaldepthoftwelveinches(12”)orgreater,Lesseemustcallanundergroundutilitylocatingservicetoascertaintheexistenceofundergroundutilities.F.LesseemustcomplywithallprovisionofRCW19.122(Undergroundutilities).G.Lesseeshall,atitsownexpenseandatalltimes,keepLessee’sEquipmentFacilityAreaneatandcleanandinasanitaryconditionandkeepanduseLessee’sEquipmentFacilityAreainaccordancewithallapplicableLaws.Lesseeshallpermitnowaste,damageorinjurytoLessee’sEquipmentFacilityArea.LesseeshallmakesuchrepairsasarenecessarytomaintainLessee’sEquipmentFacilityAreainasgoodaconditionasexistsonthedateconstructionofLessee’sEquipmentFacilityAreaiscompleted,subjecttoreasonablewearandtear.H.TheCityshallhavenoobligationtomaintainorsafeguardLessee’sEquipmentFacilityArea,exceptthattheCityshallnotintentionallypermitaccesstoLessee’sEquipmentFacilityAreatoanythird-partywithoutthepriorapprovaloftheLessee,exceptasotherwiseprovidedinthisLease.Ifapplicable,LesseeshallmaintainthesurroundingEquipmentFacilityArealandscapeinstalledbyLesseepursuanttoitspermitsforconstructionofLessee’sEquipmentFacilityArea,inamannerandfrequencyconsistentwiththebalanceoftheProperty.SuchtasksandfrequenciesshallbedeterminedbytheCityofRentonUtility,followingfinaldesignandlandscapeplanapprovalasrequiredbyanysuchpermits.16.HazardousSubstances:A.LesseeshallnotintroduceoruseanysuchsubstanceontheEquipmentFacilityAreainviolationofanyapplicablelaworregulation,norshallLesseeallowanyofitsagents,contractorsoranyotherpersonunderitscontroltodothesame.B.Lesseewillbesolelyresponsibleforandwilldefend,indemnify,andholdtheCity,itsagents,andemployeesharmlessfromandagainstanyandalldirectclaims,costs,andliabilitiesincludingreasonableattorneys’feesandcosts,arisingoutoforinconnectionwiththecleanuporrestorationofthepropertyassociatedwithLessee’suse,storage,ordisposal10of36LesseeSiteNumber:SESEA0O378CHighlands/DishCQCAGENDA ITEM #7. g) ofHazardousSubstancesortheuse,storage,ordisposalofsuchsubstancesbyLesseesagents,contractors,orotherpersonsactingunderLessee’scontrol.17.RepairsbytheCity;Inspection;IncreasedMaintenanceCosts:A.TheCityshallhavenodutytoLesseetomakeanyrepairsorimprovementstoLessee’sEquipmentFacilityAreaexceptthoserepairsnecessaryforthesafetyoftheLessee.TheCityoritsrepresentativesshallbeprovidedaccesstoLessee’sEquipmentFacilityAreauponnolessthantwenty-four(24)hours’noticetoLessee.B.IntheeventthatthepresenceofLessee’sSiteEquipmentonthePropertyorwithinLessee’sEquipmentFacilityArearesultsinincreasedmaintenanceorrepaircoststotheCity,Lesseeshall,withinthirty(30)calendardaysofwrittennotificationbytheCity,whichshallincludedocumentationevidencingsuchincreaseastheresultofLessee’suse,paytheCityfortheincrementalmaintenanceorrepaircostsincurredbytheCity.C.ImprovementsbytheCity-relocation,movingetc.TheCitywillfromtimetotimeneedtomakeadditionalimprovements,repairsandrevisionstotheutilitysiteandProperty.Exceptforemergenciesassetforthabove,theCitywillprovidetheLesseewithnotlessthan180days’noticeofmajorrevisionsandmajorimprovementstobemadebytheCity.Lesseeshallremoveand/orrelocateitsfacilitiesatLessee’scostandatnocosttotheCity.TheLesseemustrelocatebythedatesetintheNoticetoRelocateoranothermutuallyagreedupondateinwritingLessee’sfailuretotimelyrelocateperthenoticeoragreeddatecanresultinLesseepayingforanyandalldamageanddelayclaimsoftheCityorcontractorsoftheCity.Uponcompletionofsuchrevisionsand/orimprovements,theLesseemaybeallowedtowillrelocateitsequipmentbacktoLessee’sEquipmentFacilityArea.Iftheimprovements,repairsandrevisionsarenotcompatiblewiththeLessee’sEquipmentintheFacilityArea—thepartieswillworktowardsanagreedsolution,ifanagreedsolutioncannotbereachedLesseeortheCitymayterminatetheLeaseuponthirty(30)calendardays’noticetotheotherpartyandneitherpartyshallhaveanyfurtherobligationsorresponsibilitiesundertheLeaseexceptremovalofLessee’sSiteEquipmentandreturnofLessee’sEquipmentFacilityAreatoitsconditionpriortoinstallationofLessee’sSiteEquipmentorasotherwiseagreedbytheparties.18.Lessee’sSub-leasing&Assignment:A.Lesseemaynotsub-leaseorco-locateanyotherbroadcastequipmentwithinLessee’sEquipmentFacilityArea,withouttheCity’spriorexpresswrittenconsent.B.Assignment—NeitherthisLease,noranyrightscreatedbyit,maybeassigned,ortransferredwithouttheCity’spriorwrittenpermission.AnysuchassignmentshallbeinwritingonaformapprovedbytheCityandshallincludeanassumptionofthisLeasebytheassignee.11of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) C.Notwithstandingtheforegoing,LesseemayassignitsinterestinthisLease,withouttheCity’sconsent,toanyentitywhichcontrols,iscontrolledby,orisundercommoncontrolwithLessee,ortoanyentityresultingfromanymerger,consolidationwithLessee,orcorporatereorganization,ortoanypartnerormemberofLessee,ortoanypartnershipinwhichLesseeisageneralpartner,ortoanypersonorentitywhichacquiresfiftyonepercent(51%)ormoretheownershipofLesseeorfifty-onepercent(51%)ormoreoftheassetsofLesseeintheSeattle-Tacoma-EverettArea,ortoanyentitywhichobtainsasecurityinterestinasubstantialportionofLessee’sassets;provided,thattheassignmentincludesanassumptionofallobligationsofLesseeunderthisLeasebytheassignee;andprovidedfurther,thatLesseeshallprovidetheCitywithwrittennoticeoftheassignmentwithanupdatedcontactandbillingaddressalongwithacopyofsaidwrittenassignmentandacopyoftheCertificateofInsuranceintheformrequiredbyParagraph25.,withinten(10)calendardaysofthechange.AnysuchassignmentshallnotservetoreleaseLesseefromitsobligationsunderthisLease,whichshallremaininfullforceandeffectforthedurationoftheTerm.D.TheCity’sconsenttooneassignmentshallnotwaivetherequirementofobtainingtheCity’sconsenttoanysubsequentassignment.19.TheCity’sSub-leasing&Assignment:A.ShouldtheCitysell,lease,transfer,orotherwiseconveyalloranypartofthePropertythatisthesubjectofthisLeasetoanytransfereeotherthanLessee,suchtransfershallbesubjecttothisLease.B.SubjecttoParagraph9.A.andParagraph9.B.,theCityretainstherighttosubleaseorenterintoanytypeofagreementforanyportionofthePropertyforanyreason,includingbutnotlimitedto,co-locatingwirelessfacilities.C.SubjecttoParagraph9.A.andParagraph9.B.,theCityretainstherighttoenterintootherLeaseswithotherLessee’stoco-locatewithintheProperty,D.TheCitymaytransferandassignitsrightsandobligationsunderthisLeaseandnofurtherliabilityorobligationshallaccrueagainsttheCity,providedthattheassigneeortransfereeassumes,inwriting,alloftheCity’sobligationsunderthisLease,whichshallremaininfullforceandeffect.20.TheCity’sReservationofRighttoMaintain&GrantUtilityFranchises&Permits:A.SubjecttoParagraph9.AandParagraph9.B,theCityreservestherightforutilityfranchise,licenseeandpermitholderstoenteruponthePropertytomaintainfacilitiesand,foritself,tograntutilityfranchises,licensesand/orpermitsacrosstheProperty;provided,thatsuchfranchises,licenses,orpermitsdonotmateriallyinterferewithLessee’sauthorizeduseofLessee’sEquipmentFacilityArea.SuchinstallationwillbeaccomplishedinsuchamannerastominimizeanydisruptiontoLessee.Thefranchise,licenseorpermitholderwillberequiredtorestorepaving,gradingandimprovementsdamagedbytheinstallation.12of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) B.Lesseewillnotdisturbmarkersinstalledbyafranchise,license,orpermitholderandwillcontactthefranchise,license,orpermitholderpriortoanyexcavationinorderthatthefranchise,license,permitholdermaylocatetheutility.ItisLessee’sresponsibilitytoprotectlegallyinstalledundergroundutilitiesfromdamagecausedbyitself,itscontractors,agentsandinvitees.C.LesseemustcomplywithRCW19.122.030(Noticeofexcavationtoownersofundergroundfacilities--One-numberlocatorservice--Timefornotice--Markingofundergroundfacilities—Costs)andmustsubscribetotheone-calllocatorservicefortheareainwhichthePropertyresides.FailuretocomplyconstitutesmaterialbreachofthisLease.21.Improvements,FixturesandPersonalProperty:A.PriortoinstallinganynewequipmentorotherimprovementsinoronthePropertyaftertheAcceptanceDateotherthanmerelymaintainingtheAntennaconfigurationidentifiedonExhibitD,andpriortomakinganymaterialchangesinsuchequipmentorintheexteriorappearance,sizeordesignofanysuchequipmentortheimprovementsofthePropertythereafterduringthetermofthisLease,includinganyRenewalPeriod,LesseeshallsubmittotheCityforapprovalsuchinformationregardingtheproposedworkastheCitymayrequest,including,withoutlimitation,plansandspecificationsoftheplannedmodificationsandLessee’scriticalpathtimeschedule,fortheCity’swrittenapproval(attheCity’sdiscretion,theCitymayrequireanaddendumtothisagreementandmonthlyrentaladjustmentfortheproject).PriortocommencingconstructionactivitiesontheEquipmentFacilityArea,LesseeshallsecureapprovalofaworkschedulebytheCityandallnecessarypermitsandapprovals.DuringanyconstructionactivitiesbyLesseeattheProperty,representativesoftheCityshallhavetherighttoinspectanyandallimprovementsandtorequirereasonablerevisionstoensurethattherespectiveusesofthePropertyandEquipmentFacilityAreaarecompatible.Notwithstandingtheforegoing,maintenance,repairs,like-kindorsimilarreplacementsofequipmentandmodificationsmadewithintheinteriorofanysheltersorbasestationequipmentshallnotbeconsidered“materialchanges”.B.TheCitymayatanytime,gouponthePropertytoinspectanyworkdonebyLesseetoinsurecompliancewiththeapprovedplansandspecifications,torequirereasonablerevisionstoensurethattherespectiveusesofthePropertyarecompatibleorotherwise.Further,thisrightshallnotimposeanyobligationupontheCitytomakeinspectionstoascertainthesafetyofLessee’simprovementsortheconditionoftheLeasedProperty.22.DestructionoforDamagetoProperty,EquipmentFacilityAreaoranySiteStructures:A.IftheProperty,EquipmentFacilityArea,oranystructureonthePropertyisdestroyedordamagedbyfireorcasualtysoastorenderthePropertyand/orEquipmentFacilityAreawhollyunfitforusebytheLessee,andifinthereasonablejudgmentoftheCitythedamagecannotberepairedwithinninety(90)calendardaysfollowingthedateofsuchdamage,eitherpartymayterminatethisLeaseuponwrittennoticetotheother13of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) party,andthisLeaseshallterminateonthedateofsuchnoticeandLesseeshallsurrenderLessee’sEquipmentFacilityAreatotheCitywithinninety(90)calendardays.Withinfifteen(15)calendardaysaftersuchdamage,theCityshallnotifyLesseeastowhethertheCityexpectstocompletesuchrepairwithinninety(90)calendardays.IfLessee’sEquipmentFacilityAreaisdamagedbyfireorcasualty,butnotrenderedwhollyunfitforuse,Lesseemayelectpromptlytorepairsuchdamage.TheCityshallnotbeliabletoLesseeforanyindirectorconsequentialdamagesincludingbutnotlimitedtoinconvenience,annoyance,orlossofprofits,norforanyexpenses,oranyotherdamageresultingfromtherepairofsuchdamage,orfromanyrepair,modification,arranging,orrearrangingofanyportionofthePropertyorEquipmentFacilityAreafortheterminationofthisLeaseasprovidedherein.B.IntheeventthePropertyand/orEquipmentFacilityAreawillberebuiltand/orrepairedasoutlinedabove,theCityshallconsiderothertemporarylocationsonthePropertyattheCity’ssolediscretion.IfboththeCityandLesseeapproveanarea,Lesseemayconstruct,operateandmaintain,atitssoleexpense,asubstitutewirelesscommunicationfacilityonthePropertyuntiltheSiteEquipmentisfullyrestoredandoperational.Duringtheuseofthetemporarylocation,RentshallcontinueandbepayabletotheCity.23.Condemnation:IfalloranyportionofthePropertyorLessee’sEquipmentFacilityAreashallbetakenorcondemnedforanypublicpurposesuchthattheLesseecannotuseitsSiteEquipmentonLessee’sEquipmentFacilityArea,eitherpartymayterminatethisLease.AllproceedsfromanytakingorcondemnationoftheSiteorEquipmentFacilityAreashallbelongandbepaidtotheCity.LesseeshallhaveallrightstoitsSiteEquipmentandpersonalproperty,whichshallnotbeincludedinanytakingorcondemnation.LesseeshallalsohavetherighttoclaimandrecoverfromthecondemningauthorityanyamountsrecoverablebyLesseeonaccountofanyandalldamagetoTenant’sbusinessandanycostsorexpensesincurredbyTenantinmoving/removingitsequipment,personalproperty,equipment,andleaseholdimprovements.24.Fixtures:TheCityagreesthat,notwithstandinganyprovisionofstatutoryorcommonlaw,theSiteEquipmentandanyotherLesseeimprovementstoLessee’sEquipmentFacilityArea,includingbutnotlimitedtopersonalproperty,shallnotbecomeaffixedtoorapartofthePropertyoranystructureontheProperty,butshallremaintheexclusivepropertyoftheLessee.TheCityanditsemployeesandagents,shallnotbeliableinanymannerfor,oronaccountof,anylossordamagesustainedtoanypropertyofwhatsoeverkindstored,keptormaintainedinorabouttheProperty,exceptsuchclaimsorlossesthatmaybecausedbytheCityoritagentsoremployees.LesseeagreestosavetheCityanditsemployeesandagentsharmlessonaccountofanyclaimsorliensimposedupontheSiteor14of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) EquipmentFacilityAreainconnectionwithalterationsorimprovementsthereto,conductedbyLesseeoronbehalfofLessee.25.Insurance:A.Lesseeshallsecureandmaintain,atitssolecostandexpense,CommercialGeneralLiabilityinsurancewithminimumpolicylimitsof$1,000,000foreachoccurrence/$2,000,000aggregatefortheTermofthisAgreement.B.ItisagreedthatontheLessee’scommercialgeneralliabilitypolicy,theCitywillbenamedasanAdditionalInsuredonanon-contributoryprimarybasis.TheCity’sinsurancepoliciesandself-insuranceshallnotbeasourceforpaymentofanyLesseeliabilitynorLessee’spropertylossordamage.C.SubjecttotheCity’sreviewandacceptance,acurrentcertificateofinsurancewiththe“CityofRenton”namedasthecertificateholder,showingtheminimumproperendorsements,shallbedeliveredtoandacceptedbytheCitybeforeexecutingtheworkofthisAgreement.AnupdatedcertificateshallbepromptlyprovidedtotheCityuponanypolicyexpirationforthedurationofthework.D.LesseeshallprovidetheCitywithwrittennoticeofanypolicycancellation,withinten(10)businessdaysoftheirreceiptofsuchnotice.E.TheCitydoesnotrepresentthattheminimumrequiredinsuranceorinsurancelimitsareadequatetocoverallpotentialclaims,relatedclaimcosts,orpropertylosses.F.TheCitymayrequireincreasesinsaidcoverage’sbywrittennoticetoLessee,astheCitydeemsreasonablynecessary.G.TheCertificateofInsuranceattachedinExhibitGThecertificateholderandshouldread:CityofRentonATTN:{enteryourCitycontact’snamehereandDepartment)RE:LAG--1055SouthGradyWayRenton,WA.9805726.HoldHarmless:TheCityanditselectedofficials,officials,employees,agentsandvolunteersshallnotbeliableforinjuryordamagetoanypersonsorproperty,Lessee’sEquipmentFacilityArea,orforanyinjuryordamagetopersonsorpropertyresultingfromorconnectedtotheinstallation,operationormaintenanceoftheLessee’sequipmentontheProperty.TheLesseeshallprotect,defend,indemnifyandsaveharmlesstheCity,itselectedofficials,officers,employees,agentsandvolunteersfromanyandallcosts,claims,demands,causesofaction,judgments,liabilities,obligations,costsandexpenses(includingreasonableattorneys’fees)fordeathsorinjuriestopersonsorforlossofdamageto15of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) property,negligentactsoromissionsofLesseearisingoutof,orinanywayconnectedwith,theuseandoccupancyofthePropertybyLessee,itsofficers,employees,agents,volunteersandindependentcontractors,andinvitees,andassigns.ThisindemnityshallfurtherapplytotestorotheractionsofLesseeatthePropertyduringthetermofthisLease.Finally,allobligationsofLessee,underthisindemnityshallsurviveandremainenforceableaftertheexpirationorearlierterminationofthisLease.Notwithstandingtheforegoing,Lessee’sindemnitytotheCityanditsemployeesandagentsshallnotincludeinstanceswhereanyinjuryordamagetopersonsorpropertyand/oranyandallclaims,demands,causesofaction,judgments,liabilities,obligations,costsandexpenses(includingreasonableattorneys’fees)fordeathsorinjuriestopersonsorforthelossordamagetoproperty,aretheresultofthenegligenceorwillfulmisconductoftheCityoritsemployees,agents,independentcontractors,invitees,assignsandsubtenants27.PerformanceBond:A.Lesseeshallfurnishasuretybondorbonds,attachedtothisLeaseasExhibitF,attachedandfullyincorporatedinthisAgreementbyreference,coveringfaithfulperformanceofthisLeaseandpaymentofallobligationsarisingthereunder,includingbutnotlimitedtoproperconstruction,long-termfacilitymaintenance,rent,timelyremovalofequipmentandrestoration.ThebondshallbeintheamountofThirtyThousandDollars($30,000),andbein-forceduringtheentiretermorsubsequentextensions.ThebondshallbeinaformacceptabletotheCity.TheperformancebondforthisLeaseshallnotonlyindemnifytheCityfortheusualperformanceprovisionsofthisLease,butinadditionshallbeabondtoguaranteepaymentofanyandalltaxliabilityofanytype,kind,natureordescriptiondueasaresultofthisLease.ThebondshallalsoguaranteetheremovalofLessee’sSiteEquipmentandreturnofLessee’sEquipmentFacilityAreatoitsconditionpriortoinstallationofLessee’sSiteEquipmentshouldLesseefailtoremovesaidequipmentuponterminationoftheLease.SaidperformancebondshallbeissuedtotheCitypriortotheissuanceofanypermitsfortheconstructionofitsfacilitiesontheleasedpropertyandshallincludea90-calendardaycancellationclause.PriortoCityaccessingthebond,itshallfirstgiveLesseewrittennoticeofitsintentiontodosoandwiththatnoticeshallprovidetoLesseewrittendocumentationtoLesseeoftheloss,damageorexpenseforwhichCityseekscompensationfromthebond.IftheCitysousesorappliesanyportionoftheperformancebond,Lesseeshall,uponnotice,restoretheperformancebondtothefullamountabovespecified.B.IfLesseehasenteredintoaseparateleasewiththeCityforotherCityproperty,theCitywillconsiderpermittingLesseetoexpandLessee’sexistingperformancebondtoincludeallobligationsforaperformancebondunderthisLease,providedhowever,allrequirementsfortheperformancebondoutlinedinthisLeasearemet.28.Nondiscrimination:Lessee,foritself,itssuccessors,andassignsasapartoftheconsideration,doescovenantandagreetocomplywithallcivilrightsandanti-discriminationrequirementsoffederal,16of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) stateorlocallawsapplicabletotheProperty,including,withoutlimitation,RCW49.60(Discrimination—Humanrightscommission)29.PerformancebyLessee:IfLesseedefaultsintheperformanceorobservationofanycovenantoragreementcontainedinthisLeasebeyondallapplicablenoticeandcureperiods,theCity,withoutnoticeifdeemedbytheCitythatanemergencyexists,orifnoemergency,withthirty(30)calendardays’notice,maydirectLesseetostopworkandmayitselfperformorcausetobeperformedsuchcovenantoragreementandmayenteruponthePropertyforsuchpurpose.Suchanemergencyshallinclude,butnotbelimitedto,endangermentoflife,theProperty,orfailureofLesseetoobtaininatimelymanneranyinsurance.LesseeshallreimbursetheCitytheentirecostandexpenseofsuchperformancebytheCitywithinthirty(30)calendardaysofthedateoftheCity’sinvoicetogetherwithreasonablesupportingdocumentationevidencingsuchcostandexpense.AnyactorthingdonebytheCityundertheprovisionsofthisparagraphshallnotbeconstruedasawaiverofanyagreementorconditionorperformancerequiredunderthisLease.30.RestorationofSitebyLesseeandRemovalofEquipment:UpontheexpirationorpriorterminationofthisLease,LesseeshallrestoreLessee’sEquipmentFacilityAreatoequaltoorbetterthanitsconditionpriortoLessee’soccupancy,includingremovalofLessee’spersonalproperty/equipment,excludingreasonablewearandtearandinsuredcasualty.ThisworkistobedoneatLessee’ssoleexpenseandtotheCity’sreasonablesatisfaction.31.VacationofLeasedPremises:UponterminationofthisLease,Lesseeshallceaseitsoperationsonand/oruseofLessee’sEquipmentFacilityArea.IntheeventLesseefailstovacateLessee’sEquipmentFacilityAreafromthePropertywithinninety(90)calendardaysofthedateoftermination,itshallbeliableforanyandallcoststotheCityarisingfromsuchfailure.32.EquipmentDesign:A.TheSiteEquipment,describedinExhibitD,usedwithinthePropertyshallbedesigned,sitedandscreenedasdescribedinExhibitD.B.TheCityretainstherighttoreviewandapprovethedesignandtypeofmaterialsusedtoconstructthestructurewithinLessee’sEquipmentFacilityAreatoensureitmeetstheCity’sneedswithintheProperty.Lesseeshallprovideanas-builtdrawingofLessee’sEquipmentFacilityAreaandSiteEquipmenttotheCitywithinfourteen(14)calendardaysofcompletingtheinstallation.C.UponrequestbytheCity,Lesseeshallinstallallundergroundconduits,includingbutnotlimitedtopowerandtelephone.LesseeshallberesponsibleforcoordinationwithotherlesseesonthePropertytoaccommodateundergroundinstallation.17of36LesseeSiteNumber:SESEAOO378CHighlands/DishAGENDA ITEM #7. g) 33.EquipmentModification:IfatanytimeduringthetermofthisLease,eitherpartybelievesthattechnologyhaschangedsuchthatmodificationstoorreplacementoftheSiteEquipmentwouldresultinbettercommunicationsfacilitiesforLessee,lessinterferencewithothercommunicationsfacilitiesontheProperty,orlessphysicallyoraestheticallyobtrusiveequipment,thepartiesshallmakereasonableefforttocooperatetoeffectuatesuchmodificationsorreplacement.34.UtilityReviewofPlans&ApprovalofContractors:Lesseeacknowledgesthefollowing:A.TheexecutionofthisLeasebytheCityshallinnowayconstitutereviewand/orapprovalbyotherapplicablejurisdictionsandpermittingauthorities.B.TheCityretainsauthorityforfurtherreview,modification,andapprovaloftheSiteEquipmentthroughouttheCity’spermitprocess.C.ThisLeaseshallbeexecutedafteranyright-of-way,and/orfranchiseagreementbutpriortoapplicationforanyothercitypermitsforwirelesscommunicationsfacilitiesplacement.D.AfullyexecutedLeasebetweentheCityandLessee,andanyrequiredpermitsarerequiredpriortoconstructionorinstallationoftheSiteEquipmentontheProperty.E.LesseeshallsubmitplansandspecificationsandstructuralanalysisoftheplannedinstallationfortheCity’sevaluationandapproval.F.LesseeexpresslyacknowledgesandagreesthattheCity’srightsunderthisLeasetoreview,commenton,disapproveand/oracceptdesigns,plans,specifications,workplans,construction,equipment,and/orinstallation,(i)existsolelyforthebenefitandprotectionoftheCityanditsemployeesandagents,(ii)donotcreateorimposeupontheCity,anditsemployeesandagentsanystandardordutyofcaretowardLessee,allofwhicharedisclaimed,(iii)maynotberelieduponbyLesseeindeterminingwhetherLesseehassatisfiedanyandallapplicablestandardsandrequirements,and(iv)maynotbeasserted,normaytheexerciseorfailuretoexerciseanysuchrightsbytheCityanditsemployeesandagents,beasserted,againsttheCityanditselectedofficials,officers,employees,agents,andvolunteersbyLesseeasadefense,legalorequitable,toLessee’sobligationtofulfillsuchstandardsandrequirements,notwithstandinganyacceptanceofworkbytheCityanditsemployeesandagents.35.Modifications:ThisinstrumentcontainsalltheagreementsandconditionsmadebetweenthePartiesandmaynotbemodifiedorallyorinanymannerotherthanbyanagreementinwritingsignedbytheParties.Nofailureonthepartofeitherpartytoenforceanycovenantorprovisionhereincontained,noranywaiverofanyrightunderthisLease,unlessinwriting,18of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) shalldischargeorinvalidatesuchcovenantorprovisionoraffecttherightoftheeitherpartytoenforcethesameintheeventofanysubsequentbreachordefault.36.Broker’sFeeBornesolelybyLessee:IfLesseeisrepresentedbyarealestatebrokerorotheragencyinthistransaction,Lesseeshallbefullyresponsibleforanyfeeduesuchbroker,andshallholdtheCityanditsemployeesandagents,harmlessfromanyclaimsforacommission.37.CooperationinExecutionofSubsequentDocuments:TheCityandLesseeagreetocooperateinexecutinganydocuments(notincludingaMemorandumofLease)necessarytoprotecttherightsgrantedbythisLeasetotheCityandLessee.38.Termination:A.Waiveroracceptancebythenon-defaultingpartyofanydefaultbythedefaultingpartyofthetermsofthisLeaseshallnotoperateasareleaseofthedefaultingparty’sresponsibilityforanypriororsubsequentdefault.B.TheCityshallhavetherighttoterminatethisLeaseimmediately,uponwrittennotice,ifareceiverisappointedtotakepossessionofLessee’sassets,Lesseemakesageneralassignmentforthebenefitofcreditors,orLesseebecomesinsolventortakesactionundertheBankruptcyAct.C.TheCityshallhavetherighttoterminatethisLease,uponthirty(30)calendardays’writtennoticetoLessee,withoutpenaltyorfurtherliabilitytoCity,upontheoccurrenceofanyofthefollowingevents:1.TheCitydeterminesthatLessee’sexerciseofitsrightsunderthisLeaseinterfereswiththeCity’suseofthePropertyand/orthestructuresonthePropertyforthelawfulmunicipalpurposesforwhichtheCityownsandadministerssuchstructures/site.2.TheCitydeterminesthatLessee’sexerciseofitsrightsunderthisLeaseinterfereswiththeuseofthePropertybyagovernmentalagencywithwhichtheCityhasanagreementtoprovideservicestotheCity,e.g.ValleyCommunications(911).CitywillnotexercisethisrightuntilitprovidesnoticeofinterferenceandprovidesLesseewiththeopportunitytocuresuchinterferencepursuanttothetermssetforthinParagraph10above.3.LesseedefaultsintheperformanceofanymaterialtermorprovisionofthisLeasethatisnotcuredwithinthirty(30)daysfollowingreceiptofwrittennoticeofsuchdefault.Ifanon-monetarydefaultcannotreasonablybecuredwithina30-dayperiod,thisAgreementmaynotbeterminatedifLesseecommencesactiontocurethedefaultwithinthe30-dayperiodandproceedswithduediligencetofullycurethedefault.19of36LesseeSiteNumber:SESEAOO378CHighlands/DishGQCAGENDA ITEM #7. g) 4.ThePropertyisdestroyedordamagedsoastosubstantiallyandadverselyaffecttheeffectiveusebyLesseeforLessee’sequipment,subjecttotheLessee’sdetermination(withinten(10)calendardays)ofwhethertheequipmentcanberestoredorrebuilt.Lesseeshallhavetheoptionofinstallingatemporaryfacilitywhiletheabovedeterminationismade.SuchfacilityshallbesubjecttopriorreviewbytheCityandshallconformtoallcodes,facilityreview,andLawsimposedbyanyregulatoryagencywithjurisdictioninthematter.Paymentofthemonthlyrentshallcontinuethroughouttheevaluationandtemporaryinstallationperiod.D.LesseemayterminatethisLeaseuponthirty(30)calendarday’swrittennoticetotheCity,withoutpenaltyorfurtherliabilitytoCity,withoutpenaltyoffurtherliabilityasfollows:1.Theapprovalorconsentofanygovernmentalauthoritynecessaryfortheconstructionand/oroperationoftheSiteEquipmentiswithheld,revokedorterminated,orLesseedetermines,initssolediscretion,thatthecostofobtainingorretainingsuchapprovaliscostprohibitive;or2.LesseeatanytimedeterminesinitssolediscretionthatitdesirestodiscontinueuseofLessee’sEquipmentFacilityAreaforanyreason;or3.TheCitydefaultsintheperformanceofanymaterialtermorprovisionofthisLeasethatisnotcuredwithinthirty(30)daysfollowingreceiptofwrittennoticeofsuchdefault.Ifanon-monetarydefaultcannotreasonablybecuredwithina30-dayperiod,thisAgreementmaynotbeterminatedifCitycommencesactiontocurethedefaultwithinthe30-dayperiodandproceedswithduediligencetofullycurethedefault.E.Eitherpartymayterminatethisleasewith180days’writtennoticetotheotherpartywithoutcauseandforanyreason.F.Uponterminationunderparagraph38,neitherpartywilloweanyfurtherobligationtotheotherpartyprovidedthatLesseeisnotinarrearsinmakingitsMonthlyRentpayments;providedhoweverthatLesseeshallremoveitsSiteEquipmentandrestorethesite,andprovidedthat,ifLesseeterminatesthisLeasepursuanttoParagraph38.D.2.,LesseeshallpaytheCityasumequaltosix(6)months’rentastheCity’ssoleremedyforsuchtermination;andprovidediftheCityterminatesthisLeasepursuanttoParagraph38.C.1orC.2,theCitymay,atLessee’soption,attempttofindalternativesitesonothercitypropertyinordertoallowLesseetocontinuetoprovideservicewithintheCity.39.Non-applicabilityofRelocationBenefits:LesseeacknowledgesthatthesigningofthisLeasedoesnotentitletheLesseetoassistanceunderRCW8.26(RelocationAssistance—RealPropertyAcquisitionPolicy).20of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) 40.RemovalofSiteEquipmentuponTerminationofLease:UpontheexpirationoftheTermofthisLeaseorupontheterminationofthisLeasepursuanttoParagraph38,LesseeshallremovealltheSiteEquipmentfromLessee’sEquipmentFacilityArea,unlessotherwiseagreedbytheParties;providedthat,attheCity’ssoleoption,suchSiteEquipmentshallbecomethepropertyoftheCity.41.Titles:ThetitlestosectionsandparagraphsofthisLeaseareforconvenienceonly,andshallhavenoeffectontheconstructionorinterpretationofanysectionorparagraph.42.NoticesandEmergencyContactInformation:A.ExceptasotherwisedesignatedinthisLease,allnoticesmustbeinwritingandshallbedeemedvalidgivenifsentbycertifiedmail,return-receiptrequested,orovernightdelivery,addressedasfollowsorasotherwisespecifiedbytheCityduringthedurationofthisLease:Lessor:CityofRentonFacilitiesDivision—PublicWorksRE:LAG--____1055SouthGradyWayRenton,Washington98057Attn:FacilitiesDirectorLessee:DISHWirelessL.L.C.Site#SESEAOO378CAttn:LeaseAdministration5701SouthSantaFeDriveLittleton,Colorado80120B.EmergencyContactinformation:ThisinformationistobekeptuptodatebythepartiesforEmergencyuseandnotforofficialnotice:Lessor:CityofRentonName:GeorgeStahl,WaterMaintenanceManagerAddress:3555NE2ndStreetRentonWA98056PhoneNumber:OnCallNumber425-766-3838425-430-7400(office)422-766-6180(cell)Email:Gstahl@rentonwa.gov21of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) Lessee:DISHWirelessL.L.C.PhoneNumber:(833)347-460243.CompleteAgreement:ThisLeaseandanyattachedexhibitsconstitutetheentireagreementbetweentheCityandLessee;nopriorwrittenorprior,contemporaneousorsubsequentoralpromisesorrepresentationsshallbebindingexceptthatanysubsequentlyadoptedcitypoliciesandproceduresfortelecommunications/communicationsleaseagreementsandfinalpermitsshallbebindingontheParties.44.AmendmentsExceptasotherwisebeprovided,thisLeaseshallnotbeamendedorchangedexceptbywritteninstrumentsignedbybothParties.45.ExecutedinCounterparts:ThisLeasemaybeexecutedinanynumberofcounterparts,eachofwhichshallbeanoriginal,butallofwhichtogethershallconstitutebutoneinstrument.46.GovernedbyLawsofStateofWashington;InvalidityofProvisions:ThisLeaseshallbegovernedbythelawsoftheStateofWashington.IfanytermorprovisionofthisLease,orapplicationthereofshalltoanyextentbeinvalidorunenforceable,theremainderofthisLeaseshallnotbeaffectedthereby,butshallbevalidandenforcedtothefullestextentpermittedbylaw.47.JurisdictionandVenue:AnylawsuitorlegalactionbroughtbyanypartytoenforceorinterpretthisAgreementoranyofitstermsorcovenantsshallbebroughtintheKingCountySuperiorCourtfortheStateofWashingtonattheMalengRegionalJusticeCenterinKent,Washington.48.BindingonSuccessors:ThisLeaseshallbebindinguponandinuretothebenefitsoftheParties’heirs,executors,administrators,successorsandassigns,subjecttotheconditionssetforthinParagraph18herein.49.FailuretoInsistuponStrictPerformance:ThefailureofeitherpartytoinsistuponstrictperformanceofanyofthetermsorconditionsofthisLeaseshallnotconstituteawaiver.50.MemorandumofLeaseAgreement:NoRecordationWithoutConsentofLandlord:LesseeshallnotrecordthisLeaseoranymemorandumofthisLeasewithoutLandlord’spriorwrittenconsent.22of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) IfAgreedtheCityandLesseemayenterintoashortformmemorandumofthisLease,inaformsuitableforrecordingunderthelawsoftheStateofWashington,referencingthisLease,andalloptions,whichLesseemay,atitsexpense,fileinKingCounty,Washington.SeeEXHIBITH—sampleINWITNESSWHEREOF,thePartieshaveenteredintothisAgreementeffectiveasofthedatelastwrittenabove.***sIGNATupJsONFOLLOWINGPAGE***23of36LesseeSiteNumber:SESEAOO378CHighlands/DishCQCAGENDA ITEM #7. g) CITYOFRENTONAttest:Name:ArmondoPavoneJasonSeth,CityClerkTitle:MayorDate :______________Approvedastoform:ShaneMoloney,CityAttorneyCIb2-21-23(2237)LESSEE:DISHWiZZLEavay2%%%%%)By:__________________________________Printed___________________________xecut,yr’Title:DISHDate:________________24of36LesseeSiteNumber:SESEAOO378CHighlands/DishAGENDA ITEM #7. g) CityofRentonSTATEOFWASHINGTONSSCOUNTYOF________)Onthis_______dayof_____________________,20,beforeme,theundersigned,aNotaryPublicinandfortheStateofWashington,dulycommissionedandsworn,personallyappeared______________________tomeknowntobethe___________________of____________________________,andacknowledgedthesaidinstrumenttobethefreeandvoluntaryactanddeedofsaidfortheusesandpurposesthereinmentioned,andonoathstatedthats/hewasauthorizedtoexecutesaidinstrumentonbehalfofsaidINWITNESSWHEREOFIhavehereuntosetmyhandandofficialsealthedayandyearfirstabovewritten.(SignatureofNotary)(PrintorstampnameofNotary)NOTARYPUBLICinandfortheStateofWashington,residingat______________MyAppointmentExpires:____________25of36LesseeSiteNumber:SESEAOO378CHighlands/DishAGENDA ITEM #7. g) DISHWirelessL.L.C.STATEOF(D)ccCOUNTYOFA2t94/2o.Onthisdayof_____________________,20beforeme,theundersigned,aNotaryPublicinandfortheStatof(tO\r)d(Z,dulycommissionedandsworn,personi!yappeared’\QI_-{aAi)tomeknowntobetheof\ZS\c\\Dci._SL.(_.4)acknowledgedthesaidinstrumenttobethefreeandvoluntaryactanddeedofsaid.,_______________,fortheusesandpurposesthereinmentioned,andonoathstatedthats/hewasauthorizedtoexecutesaidinstrumentonbehalfofsaidDISHWirelessL.L.C.,aColoradolimitedliabilitycompany.INWITNESSWHEREOFIhavehereuntosetmyhandandofficialsealthedayandyearfirstabovewrittenNTAYPUBLiCinandfortheStateofLQ24residingat—OQJIL•MyAppointmentExpires:fl)8cE2/26of36(PrintorstampnameofLesseeSiteNumber:SESEAOO378CHighlands/DishAGENDA ITEM #7. g) EXHIBITS•EXHIBITA—LEGALDESCRIPTIONOFHIGHLANDSRESERVOIRSITEPROPERTY.•EXHIBITB—LESSEE’SEQUIPMENTFACILITYAREA•EXHIBITC—NON-EXCLUSIVEACCESSRIGHTSTOPROPERTYDESCRIPTION•EXHIBITD—LESSEE’SSITEEQUIPMENT•EXHIBITE—LEASEHOLDEXCISETAXEXEMPTIONIFAPPLICABLE•EXHIBITF—PERFORMANCEBOND•EXHIBITG—INSURANCECERTIFICATE•EXHIBITH—SAMPLESHORTFORMMEMORANDUM.27of36LesseeSiteNumber:SESEAOO378CHighlands/DishAGENDA ITEM #7. g) EXHIBIT“A”LEGALDESCRIPTIONCITYOFRENTONHIGHLANDSRESERVOIRSITETHEEASTHALFOFTHESOUTHWESTQUARTEROFTHESOUTHWESTQUARTEROFTHESOUTHEASTQUARTEROFSECTION4.TOWNSHIP23NORTH,RANGE5EAST,W.M.INKINGCOUNTY,WASHINGTON;EXCEPTTHESOUTH30FEETTHEREOFFORSTREETRIGHT-OF-WAY;SITUATEINTHECITYOFRENTON.COUNTYOFKING,STATEOFWASHINGTONKINGCOUNTYASSESSOR’STAXPARCELNO.0423059186FormWirelessLeaseAgreement—ExhibitA28of36AGENDA ITEM #7. g) CDa,4-.UCD4-.LU0LUIna,a,InIna,-Itom‘4-00,NAGENDA ITEM #7. g) EXHIBIT“C”Non-ExclusiveAccessRightsDescriptionCITYOFRENTONHIGHLANDSRESERVOIRSITEIngeneral:TheaccesstotheLessee’sgroundequipmentpad(15’x15’)willrequireaccessintotheCity’sreservoirsitethroughagatedandlockeddrivewayalongNEl2ISt.Toaccesstheequipmentpadandtheantennas,Lessee’sauthorizedpersonnelmustcontacttheCity’sWaterMaintenanceDepartmentat425-430-7400duringnormalbusinesshoursandonweekdays.CitypersonnelwillopenthegateforLesseetoaccesstotheequipmentpadandwillprovideaccesstothereservoirladder.Pleasenotethereisnoworkallowedonthereservoirduringnon-businesshoursandweekendsandholidays,unlessthereisanemergency.Inanemergency,Lesseewillhavetocall911andaskthattheCityofRentonWaterUtility’son-callpersonnelrespondtotheemergencyinordertoprovideaccesstothereservoirladder.formWirelessLeaseAgreement—ExhibitC30of36AGENDA ITEM #7. g) EXHIBITDLESSEE’SSITEEQUIPMENTSECTORQTY.EQUIPMENT4JMAMXOBFRO665-21ALPHASECTOR4FujitsuTA08025-B6054FujitsuTA08025-66041RaycapRDIDC-9181-PF-48BETASECTOR4JMAMX08FR0665-214FujitsuTA08025-B6O54FujitsuTA08025-B6041RaycapRDIDC-9181-PF-48GAMMASECTOR4JMAMX08FR0665-214FujitsuTA08025-B6054FujitsuTA08025-B6041RaycapRDIDC-9181-PF-481CharlesIndustryHexCubePM639155N4EquipmentCabinet1BatteryString1MeterSocketEQUIPMENTONPAD1200APPC1Disconnect1GeneratorPlug1FiberTelcoEnclosure1FiberNiDTRANSMISSIONCABLE3High-CapcityHybridCablesFormWirelessLeaseAgreement—ExhibitE31of36AGENDA ITEM #7. g) EXHIBITELEASEHOLDEXCISETAXEXEMPTIONIFAPPLICABLELesseeagreestopayLeaseholdExciseTax(LET)directlytotheStateofWashingtonandnotthroughtheCity.NotApplicableLETpaidbyLesseetoCity.FormWirelessLeaseAgreement—ExhibitE32of36AGENDA ITEM #7. g) AGENDA ITEM #7. g) AGENDA ITEM #7. g) AGENDA ITEM #7. g) EXHIBITGINSURANCECERTIFICATEACRDCERTIFICATEOFLIABILITYINSURANCEThisCERTIFICATEISISSUEDASAMAilEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONThECERTIFICATEHOLDER.ThISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYThEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENThEISSUINGINSURER(S),AUThORIZEDREPRESENTATIVEORPRODUCER,ANDThECERTIFICATEHOLDER.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepo&y(ies)musthaveADDITIONALINSUREDprovisionsorbeendorsed.IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s).CONTACTPRODUCERLocktonCompaniesNUdE:8ll0EUnionAvenuePHONESuite100Eel):I(AIC.No)DenverCO80237AOOREIS:(303)414-6000IdSUtS1AFFORDWGCBiAGENAIC#INSURERA:ACEAmericanInsuranceCompany22667INSUREDDISHNetwotkCorporationINSURERB:1033161DISHNeIwoikLLCINWRERC:9601S.MeridianBlvd.Englewood,CO80112INIURERE:INSUltERF:COVERAGESCERTIFICATENUMBER:19447500REVISIONNUMBER:X30000CXTHISISTOCERTIFYTHATTHEPOUCIESOFINSURANCEUSTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOlICYPERIODINDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDONOFANYCONTRACTOROTHERDOCIW4TWITHRESPECTTOWHICHThISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOAllTHETERMS,EXCLUSIONSANDCONDITIONSOFSUCHPOIJCIES.UMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.ADDLJunPoucv5FFPOUCYEXPiRIRTYPEOFiNSURANCEPOUCFNUMBERIMWDDIYYYY’‘MMYYYYILIMES_______________COREIERCIALGENEIALLIABILITYyN3(3L(3473321758/1/20228/1/2023EACH0cCURREHcE$2.000,000DAMAGETOIitTROACLAWS-MADEOCCURPRENSSES(Eaccmasonce)$300,000XIStandardIBIDE)O’(kiyonepmscn)SXXXXXXXIContractualLiab.PERSONALsnvmuunv$2.000,000GEIILAGGREGATEUMrrAPPLIESPERC3RE1ERALAGGREGATEs4,000,0001cucvE][]i.ocPRODUCTS-CDEW/OPAGO$4,000,000L!!ER.SIR$500,000—$AUTOMOBILELIABILITYNOTAPPLICABLECCINEDSINGLELIhET—(EsaotTji$3(XXXANYAuToBODILYINJURY(Perperson)$)C3J300(JCOWNEDr1SCHEDULEDAUTOSONLYIIAUTOSBODILYINJURY(Peraedderd)3CXXXXXHIREDt1NON-O)MiEI)PROPERTYDAMAGE$acoocxAUTOSOiLYAUTOSOFLY——pecd—UMBRELLAhASUOCcURNOTAPPLICABLEIHEXCESSLIABICLAIMS-SLIDEAGGREGATE$XXDEDIIRErENTION$S300000CCO..TERSCOMPENSATION——NOTAPPLICABLEIII0TH-ISTATuTEIenANDEMPLOYERS’LIABSJTYYINANYPROPNETORJPARTPanIEXEOJTIVEr—tEl.EACHACCEBINTs3000000COFF)CERAEUBEREXCUIOED?LINIA(Usnihecey‘III)ELDISEASE-EAESLOYR$300000CCIfycudesotbeurelurDESCRIP’nONCFOPEHAT)ONSbelow——ELDISEASE-PDIJCYisa-is300000CCDERCRPTIONOFOPERATIONS1LOCATIOUSIVEHICLES(ACORD101,AdditionalReinaksSchedule.maybeiftaohedEmotespeisrequwed)RBSESEAOO3ThC-CityofRsoUcesiiiclndedsoAdditionalInsmedssrespectsGeneralLiabilityifrequisedbywrittencontract.CERTIFICATEHOLDERCANCELLATIONSHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELlEDBEFORE19447500THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDINACCORDANCEWiTHTHEPOLICYPROVISIONS.CityofRentonATI”N:LoriLobman,PublicWorks/Facilities1055SouthGradyWayAUTHORIZEDREPRESRenton,WA98057DATE(UMIODIYYYY)8/1/2023-3/27/2023©1988-20.5ACORDCORP(NA11ON.Allrightsreserved.ACORD25(2016103)TheACORDnameandlogoareregIsteredmarksofACORDFormWirelessLeaseAgreement—ExhibitG35of36AGENDA ITEM #7. g) EXHIBITH—SAMPLESHORTFORMMEMORANDUM.IfagreedtobeusedbytheParties.MEMORANDUMOFWIRELESSCOMMUNICATIONFACILITIESSITELEASEAGREEMENTThisMemorandumofWirelessCommunicationFacilitiesSiteLeaseAgreement(“Memorandum”)ismadethis—dayof__________________,2Q_,byandbetweenCityofRenton,aWashingtonmunicipalcorporation(“City”),andDISHWirelessL.L.C.,aColoradolimitedliabilitycompany(“Lessee”),havingaplaceofbusinessat9601SouthMeridianBoulevard,Englewood,Colorado80112.LesseeandCityareattimescollectivelyreferredtohereinafterasthe“Parties”orindividuallyasthe“Party.”ThisMemorandumissummarizedasfollows:1.LesseeandCityenteredintoaWirelessCommunicationFacilitiesSiteLeaseAgreement(“Agreement”)withaneffectivedateof___________________________,2Q_,forthepurposeofinstallation,operation,maintenance,andmanagementofawirelesscommunicationsfacility.Alloftheforegoing,inadditiontotheprovisionssetforthintheAgreementbetweentheParties,areincorporatedbyreferenceandmadeapartherein.2.City,oroneofitsaffiliates,istheownerofacertainportionofrealpropertylocatedat3410NE12thSt.,Renton,WA98056beingmoreparticularlydescribedinExhibitA,attachedheretoandmadeapartherein(the“Property”).3.CityhasleasedtoLesseeandLesseehasleasedfromCity,spaceforLessee’sequipmentinstallationonthePropertyinthelocationsasdescribedordepictedinExhibitB,attachedheretoandmadeaparthereof(the“Premises”),thatincludescertainrightofwaysorgrantsofeasementsforaccessandutilitiesasprovidedintheAgreement(whichmayormaynotbedescribedordepictedinExhibitB)whicheasementsareineffect,ormaybeacquired,orgranted,throughoutthetermoftheAgreementasrenewedorextendedsubjecttothetermsandconditionsassetforthintheAgreement.4.TheAgreementhasanInitialTermoffive(5)yearscommencingontheCommencementDate,asdefinedintheAgreement.Lesseeshallhavetheright,atitselection,toextendthetermoftheAgreement,bytwo(2)additionaltermsoffive(5)yearseachorinanyothersuchmannerasprescribedintheAgreement.Ifalloptionstorenewareexercised,theAgreementwillhaveatermoffifteen(15)yearsfromtheCommencementDate.5.CityandLesseepossessduplicatecopiesoftheoriginalsoftheAgreementattheaddressessetforthaboveandreferenceshouldbemadetheretoforamoredetaileddescriptionthereofandforresolutionofanyquestionspertainingthereto.6.ItisexpresslyunderstoodandagreedbyallPartiesthatthesolepurposeofthisMemorandumistogiverecordnoticeoftheAgreement;itbeingdistinctlyunderstoodandagreedthatsaidAgreementconstitutestheentireagreementbetweenCityandLesseewithrespecttothePremisesandisherebyincorporatedbyreference.TheAgreementcontainsandsetsforthadditionalrights,terms,conditions,andobligationsnotenumeratedwithinthisMemorandumwhichgoverntheAgreement.ThisMemorandumisforinformationpurposesonlyandnothingcontainedhereinmaybedeemedinanywaytomodifyorvaryanyofthetermsorconditionsoftheAgreement.IntheeventofanyinconsistencybetweenthetermsoftheAgreementandthisMemorandum,thetermsoftheAgreementshallcontrol.TherightsandobligationssetforthintheAgreementshallbebindinguponandinuretothebenefitofthePartiesandtheirrespectiveheirs,representatives,successors,andassigns.FormWirelessLeaseAgreement—ExhibitG36of36AGENDA ITEM #7. g) AB - 3366 City Council Regular Meeting - 05 Jun 2023 SUBJECT/TITLE: Agreement with McKinstry Essention LLC for City of Renton Energy Upgrades Phase 3 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Russ Woodruff, Capital Project Coordinator EXT.: 6602 FISCAL IMPACT SUMMARY: Funding for this Change Order 1 agreement between the City of Renton and McKinstry Essention in the amount of $1,877,666.01 is available from the approved 2023 budget. There is sufficient funding in the budget to cover the agreement. SUMMARY OF ACTION: This work will be Phase 3 of the ESCO - City of Renton Energy Upgrades performed by Mckinstry Essention LLC. The ESCO contract is administered through the Washington State Department of Enterprise Services. The upgrades include replacement for the cooling chiller at the Renton Community Center and HVAC and ventilation upgrades to the Public Works maintenance facilities. The existing equipment has reached the end of its useful life and is failing. The upgrades will provide new equipment that will allow these critical facilities to continue to provide their essential services to the public and city staff. EXHIBITS: A. CAG 21-212 Change Order 1 B. CAG 21-212 Exhibit 1A C. DES Funding Approval D. McKinstry Scope of Work and Fees STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Change Order 1 to the agreement between McKinstry Essention LLC and City for Energy Upgrades at City Facilities. AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AGENDA ITEM #7. h) AB - 3364 City Council Regular Meeting - 05 Jun 2023 SUBJECT/TITLE: Local Agency Agreement with the Washington State Department of Transportation for the Sunset Trail Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Heather Gregersen, Program Development Coordinator EXT.: 7393 FISCAL IMPACT SUMMARY: The Transportation Systems Division was awarded funding through the Puget Sound Regional Council (PSRC) for the Sunset Trail project (TIP #22 -20) in the amount of $1,378,810 for Design and Right of Row (ROW). The City is obligating the Design portion of the grant funds ($960,150) and the required local match of $182,8 50 for a total project phase cost of $1,143,000. All funds are programmed in the City’s adopted Capital Improvement Program (CIP) budget. SUMMARY OF ACTION: The Sunset Trail project was selected for a countywide grant in the amount of $1,378,810 for fiscal year’s (FY) 2025 (Design - $960,150) and 2026 (ROW - $418,660). The City has the opportunity to advance the Design funds to FY 2023 as the region works towards meeting federal obligation targets. This grant will provide necessary funds to complete the preliminary engineering phase of the project. The project will install a multi-use trail on the north side of NE Sunset Boulevard from Edmonds Avenue Northea st to Northeast 10th Street, planter between the trail and the street, street lighting, retaining walls, and ADA upgrades. The attached Local Agency Agreement and Prospectus with the Washington State Department of Transportation (WSDOT) are required to obligate the grant funding. The scope of this project was previously included in the NE Sunset Boulevard (SR 900) Corridor Improvements project but was extracted in an effort to segment the project so that it became more financially feasible for the City to complete within a reasonable timeframe. The previously awarded funds for the NE Sunset Boulevard (SR 900) project have been de-obligated and returned so that the City could move forward with this revised scope and work towards phasing the other parts of the original project EXHIBITS: A. Local Agency Agreement B. Project Prospectus STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Local Agency Agreement and Prospectus with the Washington State Department of Transportation for the obligation of grant funding and all subsequent agreements necessary to accomplish the Sunset Trail Project. AGENDA ITEM #7. i) Washington State Department of Transportation Local Agency Agreement Agency Address CFDA No. 20.205 - Highway Planning and Construction (Catalog of Federal Domestic Assistance) Project No. Agreement No. For WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Length Termini Description of Work Project Agreement End Date Proposed Advertisement Date Claiming Indirect Cost Rate Yes No Type of Work PE % Federal Aid Participation Ratio for PE a. Agency b. Other c. Other d. State Services e. Total PE Cost Estimate (a+b+c+d) Estimate of Funding(1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds Right of Way % Federal Aid Participation Ratio for RW f. Agency g. Other h. Other i. State Services j. Total R/W Cost Estimate (f+g+h+i)Construction % Federal Aid Participation Ratio for CN k. Contract l. Other m. Other n. Other o. Agency p. State Services q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) Agency Official By Title Agency Date Washington State Department of Transportation By Director, Local Programs Date Executed DOT Form 140-039 Revised 04/2022 Page 1 AGENDA ITEM #7. i) Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of $ at $ per month for months. Local Force or Local Ad and Award Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on , , Resolution/Ordinance No. Provisions I. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the “Project Description” and “Type of Work.” When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal DOT Form 140-039 Revised 04/2022 Page 2 AGENDA ITEM #7. i) funds paid to the Agency under the terms of this agreement (see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted DOT Form 140-039 Revised 04/2022 Page 3 AGENDA ITEM #7. i) promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and DOT Form 140-039 Revised 04/2022 Page 4 AGENDA ITEM #7. i) (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary is notified by the Federal Highway Administration that the project is inactive. (5) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (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 federal 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. (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 federal 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 the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. 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 as 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. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions DOT Form 140-039 Revised 04/2022 Page 5 AGENDA ITEM #7. i) WashingtonStateVJDepartmentofTransportationFederalAidjctNumberDate05/10/2023DUNSNumber092278894FederalEmployer91-6001271TaxIDNumberAgencyCAAgencyFederalProgramTitleCityofRentonjYesENo7_120.205DOtherProjectTitleStartLatitudeN47.50083333StartLongitudeW-122.1855556SunsetTrailEndLatitudeN47.49972222EndLongitudew-122.1805558ProjectTerminiFrom-ToNearestCityNameProjectZipCode(+4)EdmondsAveNENE10thStreetRenton98056-3024BeginMilePostEndMilePostLengthofProjectAwardType13.0912.890.32milesLocalLocalForcesStateRailroadRouteIDBeginMilePointEndMilePointCityNumberCountyNumberCountyName900N/AN/A107017King—__________WSDOTRegionLegislativeDistrict(s)CongressionalDistrict(s)UrbanAreaNumberNorthwestRegion11980389Total—LocalAgencyPhaseStart..FederalFundsrrnaseEstimatedCostFundingDate(NearestHundredDollar)(NearestHundredDollar)(NearestHundredDollar)MonthYearP.E.$1,143,000$182,800$960,20007/2023R/W$484,000$65,400$418,60007/2024Const.$7,000,000$7,000,00006/2026Total$8,627,000$7,248,200$1,378,800DescriptionofExistingFacility(ExistingDesignandPresentCondition)RoadwayWidthJNumberofLanesvaries-56to60varies-4+two-way-left-tumlaneNESunsetBlvdisaprincipalarterialcarrying30,000vehicles/day&isfrontedbysurfaceparkinglots&narrowsidewalksdirectlynexttovehiculartraffic.DescriptionofProposedWorkDescriptionofProposedWork(Attachadditionalsheet(s)ifnecessary)Thisprojectwillinstallamulti-usetrailonthenorthsideofNESunsetBlvdfromEdmondsAveNEtoNE10thStreet,planterbetweenthetrailandthestreet,streetlighting,retainingwalls,andADAupgrades.LocalAgencyContactPersonTitlePhoneHeatherGregersen-jProgramDevelopmentCoordinator425-430-7393MailingAddressJityStateZipCode1055SouthGradyWayRentonWA98057ProjectProspectus-—ApprovingAuthorityTitleTransportationDesignManagerDatePrefixLocalAgencyProjectNumberRouteLocalAgencyFederalAidProjectProspectus(WSDOTUseOnlyDOTForm140-101Revised01/2022PreviousEditionsObsolete‘‘PagelAGENDA ITEM #7. i) AgencyProjectTitleDateCityofRentonSunsetTrail05/10/2023TypeofProposedWorkGeometricDesignDataTerrainProjectType(CheckallthatApply)NewConstructionEJPath/TrailLI3-RLIReconstructionPedestrianIFacilitiesLI2-RLIRailroadLIParkingLIOtherLIBridgePreliminaryEngineeringWillBePerformedByOthersConsultant$5%ConstructionWillBePerformedByContractContractor100DescriptionFederalFunctionalClassificationPostedSpeedDesignSpeedExistingADTDesignYearADTDesignYearDesignHourlyVolume(DHV)PerformanceofWorkEnvironmentalClassificationLIClassI-EnvironmentalImpactStatement(EIS)ClassII-CategoricallyExcluded(CE)LIProjectInvolvesNEPNSEPASection404ProjectsRequiringDocumentationInteragencyAgreement(DocumentedCE)LIClassIll-EnvironmentalAssessment(EA)LIProjectInvolvesNEPNSEPASection404InteragencyAgreementsThroughRouteRoadwayWidth56-60NumberofLanes5CrossroadPrincipalArterialLIPrincipalArterialLIMinorArterialLIMinorArterial[]UrbanLIurbanLICollectorCollectorRuralRuralLILIMajorCollectorLIMajorCollectorLIMinorCollectorLIMinorCollectorLILocalAccessLILocalAccessLIFlat[]RolILIMountain35mphN/A30,000N/AN/AN/ALIFlatLIRollLIMountainAgency15Agency%%EnvironmentalConsiderationsDOTForm140-101Revised01/2022PreviousEditionsObsoletePage2AGENDA ITEM #7. i) LINoRightofWayNeeded*Allconstructionrequiredbythecontractcanbeaccomplishedwithintheexistingrightofway.UtilitiesNoutilityworkrequiredDAlIutilityworkwillbecompletedpriortothestartoftheconstructioncontractLIAllutilityworkwillbecompletedincoordinationwiththeconstructioncontractRailroadDescriptionofUtilityRelocationorAdjustmentsandExistingMajorStructuresInvolvedintheProjectN/ADateAgencyByMayor/ChairpersonAgencyProjectTitleDateCityofRentonSunsetTrail05/10/2023RightofWayRightofWayNeededNoRelocationLIRelocationRequiredZ1NorailroadworkrequiredLIAllrailroadworkwillbecompletedpriortothestartoftheconstructioncontractDAlItherailroadworkwillbecompletedincoordinationwiththeconstructioncontractFAAInvolvementIsanyairportlocatedwithin3.2kilometers(2miles)oftheproposedproject?LIYesNoRemarksThisprojectwillhavenoaffectontheairportoperations.Thisprojecthasbeenreviewedbythelegislativebodyoftheadministrationagencyoragencies,orit’sdesignee,andisnotinconsistentwiththeagency’scomprehensiveplanforcommunitydevelopment.DOTForm140-101Revised01/2022PreviousEditionsObsoletePage3AGENDA ITEM #7. i) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ACCEPTING THE PARKS COMMISSION BYLAWS WHEREAS, the Parks Commission (“Commission”) Bylaws were adopted by the Commission during its regular meeting, March 14, 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 Parks 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 AGENDA ITEM # 9. a) RESOLUTION NO. _______ 2 APPROVED BY THE MAYOR this ______ day of _____________________, 2023. ___________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES- P&R:1940:5/2/23 AGENDA ITEM # 9. a) Page 1 of 5 Rev. 3/14/2023 City of Renton Parks Commission Bylaws The City of Renton Parks Commission (the “Commission”) has adopted the following as its Bylaws setting forth the rules and procedures deemed necessary to carry out its duties established in chapter 2-9 of the Renton Municipal Code (“RMC”). The Commission will file a copy of these Bylaws with the City Clerk of the City of Renton. I.Membership A.Membership on the Commission will be as established in RMC 2-9-4. B.Procedures for filling Commission vacancies, including term expirations. 1.Pursuant to RMC 2-9-5, upon the expiration of a Commissioner’s term, the Mayor will reappoint the incumbent or appoint a successor, subject to City Council confirmation. The following provisions establish the Commission’s process in making recommendations to the Mayor’s Office regarding such reappointments or appointments. The following also applies to Commission vacancies for reasons other than expiration of a Commissioner’s term. 2.Identification of candidates to fill a vacancy. a.Upon a vacancy or pending vacancy, the Commission chairperson or a City staff member will check with the Mayor’s Office to obtain any existing applications on file for membership to the Commission. b.The Commission may advertise to fill a vacancy. c.In the case of a pending term expiration, the Commission chairperson will contact a Commission member whose term is about to expire to inquire whether he or she would like to be considered for reappointment. 3.Any person interested in being interviewed for Commission membership must complete the City’s application for boards/commissions/committees (available online or by request). Applications are retained by the City as required by law per the State Retention Schedule. Applications are available for review for vacancies by the Commission for one year from the date submitted. The Commission maintains an objective of having a broad and inclusive membership (e.g., age, gender, ethnicity), and candidates should have a passion for parks. Candidates are invited to attend one or more Commission meetings to hear subject matters discussed. 4.The Commission chairperson will appoint a nominating committee that may consist of Commission members and others to review applications and set up interviews to fill vacancies. The nominating committee will interview candidates and formulate recommendations to bring to the full board to approve recommendations to forward to the PARKS COMMISSION BYLAWS RESOLUTION ________ - EXHIBIT “A” AGENDA ITEM # 9. a) Bylaws Parks Commission Page 2 of 5 Rev. 3/14/2023 Mayor. The full list of candidates, with Commission recommendations, will be referred to the Mayor for action. II.Attendance A.Any member may attend a meeting remotely if 1.by telephonic access, or by other electronic, internet or other means of remote access acceptable to and arranged with City staff, and 2.if all persons attending the meeting can hear and be heard by the member attending remotely. This paragraph will be interpreted to comply with Washington State requirements for the OPMA and may be subject to change to comply with those requirements. B.There is no limit to the number of board meetings that Commissioners may attend virtually. C.The Chairperson may call special meetings, work sessions and Commission meetings when proper and as necessary with notice to Commission members and the public. Work sessions shall be noticed as public meetings and all Commission members may participate III.Term A.The length of term of Commissioners is set forth in RMC 2-9-5.A. The expiration date of Commissioners’ terms will be staggered so that not more than four (4) positions expire in the same year. B.Any newly appointed Commissioner will attend an orientation with the Commission chairperson and the Parks and Recreation Administrator or his/her designee. C.Persons appointed to Commission membership during the pendency of the term for that position will serve until the end of the term unless circumstances warrant otherwise. D.The Commission shall comply with the Open Public Meetings Act (OPMA) and the Public Records Act (collectively the “Acts”). In accordance with RCW 42.30.205, RCW 42.56.150, and RCW 42.56.152, members are required to complete OPMA and Public Records Act training within 90 days of their appointment. These trainings will be conducted during the Commission’s inaugural meeting. Each board member will receive Open Public Meetings Act Training from the City Clerk’s office within Ninety (90) of appointment and then every four years per the Open Public Meetings Act. IV.Chairperson and Officers A.Chairperson AGENDA ITEM # 9. a) Bylaws Parks Commission Page 3 of 5 Rev. 3/14/2023 1.Biennially, the Commission will elect a chairperson, by a majority vote, and such officers, as the Commission deems necessary. 2.The duties of the chairperson are as follows: a.Preside over the Commission and exercise all powers incidental to the office and may propose motions or second motions. b.Establish special committees and appoint a committee lead to carry out assigned tasks. c.Call special Commission meetings as needed. d.Determine the agenda. e.Coordinate Commission appointments for vacant positions. f.In the absence of the chairperson from any meeting, the chairperson will designate a member to perform all the duties incumbent upon the chairperson, and, while performing the chairperson’s duties, may propose motions or second motions. 3.Chairperson appointments will follow in sequence of term seniority so that every member has the opportunity to serve. The Chairperson is elected to a two (2)-year term to begin serving at the June meeting. There is no limit to the number of terms to which a Chairperson may serve. Vacancies occurring for reasons other than the expiration of a term will be filled, by majority vote, for the remainder of the unexpired portion of the term. B.Officers 1.The Commission may appoint officers, if any, to begin serving at the June meeting. Officers hold office for a two (2)-year term. There is no limit on the number of terms to which officers may be approved. All officers will be elected biennially. Vacancies occurring for reasons other than the expiration of a term will be filled, by majority vote, for the remainder of the unexpired portion of the term. V.Rules of Procedure A.Quorum 1.The Commission has 7 voting members. More than 50% of the seated voting members shall constitute a quorum at any given meeting. 2.If less than a quorum is present at any meeting, the meeting may continue, however no action can be taken, only informational items may be presented. Current items will be carried over to the next regular meeting. AGENDA ITEM # 9. a) Bylaws Parks Commission Page 4 of 5 Rev. 3/14/2023 3.A meeting may be canceled if needed (e.g., weather, local, state, or national emergency). Current items will be carried over to the next meeting. B.Voting When a quorum is present, a simple majority vote suffices for all action unless otherwise expressly provided by law or these Bylaws. No vote may be made by proxy. C.Meetings 1.The Commission meets on the second Tuesday of each month from 4:30 p.m. to 6:00 p.m. To continue past this time of adjournment, a majority vote is required. Additional meetings may be held upon the call of the chairperson or at the written request of at least three (3) Commissioners. All members will be given notice of additional meetings. No less than twenty-four (24) hours’ notice will be given for the posting, publication, or cancellation of any meeting of the Commission. 2.A physical meeting location is required where members of the commission can hear and be heard by those attending the meeting at the physical location. The Parks and Recreation department will have a staff person present at all meetings held at a physical location. 3.Public/Oral/Audience Comment a.Public comment may be received in person during a board meeting either in-person, virtually, or by telephone or may be submitted in writing to parksandrec@rentonwa.gov before noon of the day of the meeting. Comments received via email will be noted on the record and read into the record for up to three (3) minutes per comment email during the appropriate section of the agenda. b.Live public comment will be limited to three (3) minutes per speaker unless an exception is granted by the Chair. 4.In compliance with the OPMA, serial meetings, emails, or conversations between 50% or more of the Commission members, that stimulate dialogue, and /or discussion of pending action items are prohibited; such interaction should be made during the next Commission meeting during which a quorum is present.” VI.Agendas and Minutes Minutes of Commission meetings may be kept. A copy of the next meeting’s agenda, prior meeting draft minutes, if any, and handouts for each Commission meeting may be sent to each Commission member in advance of the next meeting. VII.Code of Ethics AGENDA ITEM # 9. a) Bylaws Parks Commission All members of the Commission must abide by the City of Renton Code of Ethics established in Renton Municipal Code Chapter 1-6 and the City Code of Ethics Policy 100-07. VIII.Amendment Proposed amendments to these Bylaws must be presented in writing and distributed to the membership at least three (3) days before the meeting at which the amendments are to be considered. These Bylaws may be amended by majority vote at any Commission meeting when a quorum is in attendance. IX.Adoption The undersigned chairperson of the City of Renton Parks Commission does hereby attest that the foregoing Bylaws have been duly adopted by a majority vote of the members of the Commission. These Bylaws supersede any previously passed bylaws of the Commission. :�EST , Ar 12,�J(h--oe- AI Dieckman, Chairperson, Parks Commission Date Page 5 of 5 Rev. 3/14/2023 AGENDA ITEM # 9. a) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING THE RENTON SENIOR CITIZEN ADVISORY BOARD BYLAWS. WHEREAS, the Renton Senior Citizen Advisory Board (“Board”) Bylaws were adopted by the Senior Advisory Board during its regular meeting, March 6, 2023 and will be used for governing operations of the Board; and WHEREAS, the Board 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 Board 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 Renton Senior Citizen Advisory Board, 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 AGENDA ITEM # 9. b) RESOLUTION NO. _______ 2 APPROVED BY THE MAYOR this ______ day of _____________________, 2023. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney RES- P&R:1941:5/5/23 AGENDA ITEM # 9. b) CITY OF RENTON RENTON SENIOR CITIZENS ADVISORY BOARD BYLAWS March 6, 2023 As authorized by Renton Municipal Code ("RMC") 2-11-4, the Renton Senior Citizens Advisory Board (the Board") has adopted the following as its Bylaws setting forth the rules and procedures deemed necessary to carry out its duties. The Board shall file a copy of these Bylaws with the City Clerk of the City of Renton. Article I Membership a)Membership on the Board shall be as established in RMC 2-11-3. b)Any person interested in serving as a member of the Board must attend at least one Board meeting prior to submitting an application and submit a letter indicating his/her interest in serving on the Board. c)The Nomination Committee established under these Bylaws shall conduct interviews of all applicants for a Board member position, then submit to the mayor the entire list of persons considered together with the No mination Committee's recommendations. Article II Officers a)The Board's officersshall consist of a Chairperson and a Co-Chairperson, each appointed as set forth in Article Ill of these Bylaws. b)Chairperson 1.Shall preside at all meetings of the Board. 2.May call additional special meetings of the Board as needed. 3.May establish subcommittees of the Board as needed. c)Co-Chairperson 1. Article Ill Shall perform the duties of the Chairperson in his/her absence. Officer Appointments a)Officers (Chairperson and Co-Chairperson) shall serve for a one-year term, from January 1 through December 31. EXHIBIT A AGENDA ITEM # 9. b) Bylaws of the Renton Senior Citizens Advisory Board 3/6/2023 Page 2 b) Officer appointments shall be offered to each member via board position, and they have the opportunity to accept or decline the position. Appointments will occur at the first regularly scheduled meeting in December of each year, for the following year. Article IV Role a) The Board shall carry out its function established in RMC 2-11-2. b) The Board shall consult with the mayor or designee, elected and appointed officials, staff of various City departments, and other stakeholders during any update of the Older Adult Business Plan to assist in inclusion of the City’s visions and goals as they relate to older adults. Article V Meetings a) Meetings shall be held on the first Monday of each month at 9:30am at the Don Persson Renton Senior Activity Center and telephonically/virtually, unless otherwise posted and announced. No meetings will be held on City recognized holidays. b) Notice of meetings shall be posted on the Senior Citizens Advisory Board bulletin board at the Don Persson Renton Senior Activity Center and the City of Renton website. c) All meetings shall be open to the public; however, the public will have no vote. The public may be recognized during any public comment period and may communicate in writing or verbally with a 3-minute time limit. d) The proceedings of meetings shall be governed by the most current edition of Robert’s Rules of Order. Article VI Meeting Attendance a) A Board member must contact a City of Renton Senior Center staff person prior to a meeting to receive an excused absence. b) Board members may attend only three meetings via telephonically/virtually per year. c) A Board member may be dismissed by a majority vote of the Board members after three unexcused absences and/or attending more than three meetings virtually in a calendar year. AGENDA ITEM # 9. b) AGENDA ITEM # 9. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 10-11-1 OF THE RENTON MUNICIPAL CODE REGULATIONS BY REDUCING THE SPEED LIMIT IN THE VICINITY OF ABERDEEN AVENUE NORTHEAST FROM NORTHEAST 27TH STREET TO NORTHEAST 28TH PLACE, NORTHEAST 28TH PLACE FROM ABERDEEN AVENUE NORTHEAST TO ITS WESTERN END, NORTHEAST 28TH STREET FROM ABERDEEN AVENUE NORTHEAST TO ITS WESTERN END, NORTHEAST 28TH STREET FROM ABERDEEN AVENUE NORTHEAST TO ITS EASTERN END, AND BLAINE AVENUE NORTHEAST FROM NORTHEAST 28TH STREET TO ITS EASTERN END, FROM TWENTY-FIVE (25) TO TWENTY (20) MILES PER HOUR, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 46.61.415(3)(b) a city may establish a maximum speed of twenty (20) miles per hour on nonarterial highways within a residential or business district without an engineering and traffic study so long as it has an established procedure for doing so; and WHEREAS, on October 25, 2019, the City Council passed Ordinance No. 5955 codifying RMC 10-11-2, which section adopted procedures for establishing speed limits of twenty (20) miles per hour on nonarterial streets; and WHEREAS, pursuant to RMC 10-11-2, a petition was received on or about March 19, 2023, requesting that the speed limit in the neighborhood generally located north of Northeast 27th Street and Aberdeen Avenue Northeast be reduced to twenty (20) miles per hour; and WHEREAS, in compliance with RMC 10-11-2.B.3, more than sixty percent (60%) of the property owners or residents in the neighborhood approved the speed limit change to twenty (20) miles per hour; and AGENDA ITEM # 9. a) ORDINANCE NO. ________ 2 WHEREAS, the City of Renton Transportation Operations conducted a traffic study and recommends that the speed limit be reduced from twenty-five (25) miles per hour to twenty (20) miles per hour for Aberdeen Avenue Northeast from Northeast 27th Street to Northeast 28th Place, Northeast 28th Place from Aberdeen Avenue Northeast to its western end, Northeast 28th Street from Aberdeen Avenue Northeast to its western end, Northeast 28th Street from Aberdeen Avenue Northeast to its eastern end, and Blaine Avenue Northeast from Northeast 28th Street to its eastern end; 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 remain in effect and unchanged. SECTION II. Section 10-11-1.F of the Renton Municipal Code is amended as follows: F. The speed limit on the following designated streets is hereby established to be twenty (20) miles per hour: 1. Northeast 32nd Street from Monterey Court Northeast to its eastern end. 2. Northeast 33rd Street from Northeast 33rd Place to its eastern end. 3. Northeast 33rd Place from Lincoln Avenue Northeast to Aberdeen Avenue Northeast. 4. Northeast 34th Place from Lincoln Avenue Northeast to its eastern end. AGENDA ITEM # 9. a) ORDINANCE NO. ________ 3 5. Northeast 34th Place from Monterey Court Northeast to Monterey Lane Northeast. 6. Northeast 35th Street from Aberdeen Avenue Northeast to 112th Place Southeast. 7. Northeast 35th Place from Lincoln Avenue Northeast to Aberdeen Avenue Northeast. 8. Lincoln Avenue Northeast from Northeast 36th Street to its south end. 9. Monterey Court Northeast from Northeast 32nd Street to Northeast 36th Street. 10. Monterey Lane Northeast from Northeast 33rd Place to Northeast 34th Place. 11. Aberdeen Avenue Northeast from Northeast 33rd Place to Northeast 35th Place. 12. Aberdeen Avenue Northeast from Northeast 27th Street to Northeast 28th Place. 13. Northeast 28th Place from Aberdeen Avenue Northeast to its western end. 14. Northeast 28th Street from Aberdeen Avenue Northeast to its western end. 15. Northeast 28th Street from Aberdeen Avenue Northeast to its eastern end. 16. Blaine Avenue Northeast from Northeast 28th Street to its eastern end. AGENDA ITEM # 9. a) ORDINANCE NO. ________ 4 SECTION III. If any section, subsection, sentence, clause, phrase or work 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 IV. 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 APPROVED BY THE MAYOR this _______ day of _____________________, 2023. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:PW:2263:04/26/2023 AGENDA ITEM # 9. a)