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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, March 25, 2024 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. ADMINISTRATIVE REPORT a) Administrative Report 4. 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 or against 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. 5. 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 March 18, 2024. Council Concur b) AB - 3530 Mayor Pavone recommends confirmation of his reappointment of Mr. Seil to the Planning Commission for a term expiring June 30, 2027. Council Concur c) AB - 3532 City Attorney requests authorization to initiate further legal proceedings against The Landing Gear Works, LLC to enforce its lease with the Renton Municipal Airport. Refer to Transportation (Aviation) Committee d) AB - 3531 Community & Economic Development Department recommends approval of a grant agreement with the Washington State Department of Commerce to accept an additional $162,500 in grant funds in 2024 for the Renton Comprehensive Plan (GMA) Periodic Update-FY 2024 project. Refer to Finance Committee e) AB - 3509 Executive Services Department recommends execution of the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract E24-0248 in order to accept $58,285 in grant funds for to support emergency management programs. Refer to Finance Committee 6. 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: 1) Equity Commission Appointment b) Finance Committee: 1) Vouchers; 2) 2020 Washington State Department of Health SNAP Incentive Agreement Amendment 5; 3) Riverview Shelter Rental Fee Waiver for the 2024 Renton CROP Hunger Walk 7. LEGISLATION 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:45 p.m. - 7th Floor - Conferencing Center 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 Mayor’s Office Memorandum DATE: March 25, 2024 TO: Ed Prince, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Be sure and submit your application for the Renton Police Department’s Youth Academy a collaborative effort with the King County Sheriff’s Office, Newcastle PD and DEA’s Operation Engage. This FREE, one-of-a-kind, four-day program allows middle schoolers to explore public safety fields and establish meaningful connections with those who serve and protect our community. The academy will be held Monday, June 24 through Thursday, June 27, from 9 a.m. to 4 p.m. Students entering 6th through 8th grade in the fall of the 2024-2025 school year are eligible to apply. Register at Rentonwa.gov/PDYouthAcademy. • The City’s Urban Forestry program maintains and protects the city's urban forest— the public and private trees that add to our quality of life. The program’s efforts have been recognized with an Arbor Day Foundation Tree City USA designation for the 16th consecutive year, a Growth Award for a 13th year, a Tree Cities of the World Award for a 2nd year, and a grant from the Washington State Department of Natural Resources (DNR) to conduct a citywide canopy cover survey this year. These awards and the grant help ensure and preserve the safety, well-being, and sustainability of our urban forest. • 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, March 25 through Friday, March 29, 6:00 a.m. to 4:00 p.m. Full street closures at Nelson Pl NW and NW 3rd Pl, between Rainier Ave N and Hardie Ave NW. Streets will be opened on Saturdays and Sundays during this time.  Monday, March 25 through Friday, March 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th St and Jefferson Ave NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #3. a) Ed Prince, Council President Members of Renton City Council Page 2 of 2 March 25, 2024  Monday, March 25 through Friday, March 29, 8:00 a.m. to 3:00 p.m. Northbound lane closures on Burnett Ave S between S 5th St and S 4th St for construction work. Questions may be directed to Rob Blackburn, 206-379-1489.  Monday, March 25 through Friday, March 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closures on S. Grady Way at Williams Ave S for construction work. Questions may be directed to Tom Main, 206-999-1833.  Monday, March 25 through Friday, March 29, 8:00 a.m. to 3:00 p.m.. Road closure on Kirkland Ave NE between NE Sunset Blvd and NE 12th St for utility installation. A detour route will be provided. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, March 25 through Friday, March 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Lincoln Ave NE at NE 38th St for utility construction work. Questions may be directed to Pat DeCaro, 425-207-6013.  Monday, March 25 through Friday, March 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, March 25 through Friday, March 29, 8:00 a.m. to 3:00 p.m. Intermittent lane closures on Williams Ave S at Grady Way S for construction work. Questions may be directed to Tom Main, 206-999-1833.  Monday, March 25 through Friday, March 29, 8:00 a.m. to 3:00 p.m. Southbound travel and parking lane closures on Williams Ave S between S 2nd and S 3rd Streets for construction work. Questions may be directed to Sam Stolmeier, 425-430-7288.  Ongoing Street Closure (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #3. a) March 18, 2024 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, March 18, 2024 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: Ed Prince, Council President James Alberson, Jr., Council Position No. 1 (attended remotely) Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ruth Pérez, Council Position No. 6 Kim-Khánh Vڣn, Council Position No. 7 (attended remotely) Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Alex Tuttle, Senior Assistant City Attorney Jason Seth, City Clerk Maryjane Van Cleave, Equity, Housing, and Human Services Administrator Gina Estep, Economic Development Director Young Yoon, IT Director Jeff Minisci, Public Works Facilities Director Jennifer Spencer, Recreation Manager Steven Kurtz, Adaptive Recreation Specialist Commander Steve Morris, Police Department Attended Remotely: Judith Subia, Chief of Staff AGENDA ITEM #5. a) March 18, 2024 REGULAR COUNCIL MEETING MINUTES Kari Roller, Finance Administrator Martin Pastucha, Public Works Administrator Ellen Bradley-Mak, Human Resource / Risk Management Administrator Kristi Rowland, Deputy Chief Administrative Officer Ron Straka, Public Works Utility Systems Director Cailín Hunsaker, Parks & Trails Director PROCLAMATION Developmental Disabilities Month: A proclamation by Mayor Pavone was read declaring March 2024 to be Developmental Disabilities Month in the City of Renton and encouraging all members of the community, public and private institutions, businesses, and schools to join in this special month of observation and provide support to and recognition of the abilities of individuals with developmental disabilities all year long. Adaptive Recreation Specialist, Steven Kurtz, accepted the proclamation with appreciation. MOVED BY PRINCE, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. 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 2024 and beyond. Items noted were: x Starting Monday, March 18, a portion of the lawn area at Sunset Neighborhood Park will be fenced off through April 5 to perform irrigation maintenance. Contact Parks and Recreation Department at (425) 430-6600 or rentonwa.gov/parks for more information. x The 2024 State of the City address will be held Thursday, March 21, at 6 p.m. at the Renton IKEA Performing Arts Center, 400 South 2nd Street. Come hear firsthand about the progress made in Renton and t receive a glimpse of the exciting initiatives and plans for 2024. Doors will open at 5:15 p.m., and light refreshments will be served. Get your tickets at rentonwa.gov/sotc. x The Government Finance Officers Association of the United States and Canada (GFOA) has awarded the Certificate of Achievement for Excellence in Financial Reporting to the City of Renton for its annual comprehensive financial report for the fiscal year ending December 31, 2022. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. x 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. AUDIENCE COMMENTS x Diane Dobson, Renton, speaking on behalf of the Renton Chamber of Commerce, expressed concern about a dilapidated building on N 6th St and Park Ave N. She urged Council to take action to address the safety concerns with the building. AGENDA ITEM #5. a) March 18, 2024 REGULAR COUNCIL MEETING MINUTES x Sami Saad, Renton, complained that all five cannabis shops in Renton are owned by two white men. He also stated that he was upset about the lack of equity in the cannabis business. x Dephonda Clay, Renton, stated that she believes in equity and diversity and urged Council to create more opportunities for people to find better employment opportunities in Renton. x Moniqueka Throve, Renton, spoke positively about the Disabled Recreation program. She also requested assistance in approaching the Renton School District to promote a reading program for developmentally disabled adults. 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. Councilmember McIrvin removed Item 6.e for separate consideration. a) Approval of Council Meeting minutes of March 11, 2024. Council Concur. b) AB - 3527 Mayor Pavone recommended confirming his appointment of Mr. Hermant Tanwar to the Equity Commission for a term expiring December 31, 2026. Refer to Community Services Committee. c) AB - 3525 Executive Services Department requested approval to pay Ivoxy Consulting $347,891.60 for the city's second phase of the disaster recovery and business continuity (DR/BC) infrastructure upgrade and alignment between City Hall and Fire Station 12. Council Concur. d) AB - 3523 Parks & Recreation Department submitted a fee waiver request in the amount of $150 to waive the rental fee for the Riverview Shelter for the April 28, 2024, Renton CROP Walk. The event organizer will pay the $85 Temporary Event Permit fee. Refer to Finance Committee MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PRESENTED, MINUS ITEM 6.e. CARRIED. SEPARATE CONSIDERATION ITEM 6.E AB - 3526 Public Works Airport recommended approval to execute the Agreement and Consent to Leasehold Deed of Trust documents between the city, RNT 750 LLC, and Signature Bank, which provides protections for Signature Bank in the case of default by leaseholder RNT 750 LLC among other provisions. Refer to Transportation (Aviation) Committee MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 6.e. AS COUNCIL CONCUR. CARRIED. 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. AGENDA ITEM #5. a) March 18, 2024 REGULAR COUNCIL MEETING MINUTES a) Utilities Committee: ŚĂŝƌsĉŶƉƌĞƐĞŶƚĞĚĂ report recommending concurrence in the staff recommendation to execute the agreement with KLJ Financial Consulting in the amount of $141,648 for the 2024 Comprehensive Rate Study and Recommendation for System Development Charges for the Water, Wastewater and Surface Water Utilities. MOVED BY V׻N, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:28 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 18 Mar 2024 AGENDA ITEM #5. a) Council Committee Meeting Calendar March 18, 2024 March 25, 2024 Monday 3:00 PM Community Services Committee, Chair Alberson Location: Council Conference Room/Videoconference 1. Equity Commission Appointment 2. Updates to the Temporary Event Permit Process 3. Emerging Issues in Parks & Recreation 3:45 PM Finance Committee, Chair O’Halloran Location: Council Conference Room/Videoconference 1. 2020 Washington State Department of Health SNAP Incentive Agreement Amendment 5 2. Riverview Shelter Rental Fee Waiver for the 2024 Renton CROP Hunger Walk 3. Vouchers 4. Emerging Issues in Finance 4:30 PM Planning & Development Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Comprehensive Plan Update 2. Emerging Issues in CED 5:45 PM Committee of the Whole, Chair Prince Location: Conferencing Center 1. Retirement Savings and Health Insurance Plan Review 2. Risk Management Insurance Review 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #5. a) AB - 3530 City Council Regular Meeting - 25 Mar 2024 SUBJECT/TITLE: Reappointments to Planning Commission: Charles Seil RECOMMENDED ACTION: Council Concur DEPARTMENT: Mayor Pavone STAFF CONTACT: April Alexander, Executive Assistant EXT.: x6520 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: Mayor Pavone reappoints Mr. Charles Seil to the Planning Commission for a term expiring 6/30/27. EXHIBITS: A. Recommendation Memo STAFF RECOMMENDATION: Confirm Mayor Pavone's reappointment of Mr. Seil for a term expiring 6/30/27. AGENDA ITEM #5. b) C:\Users\abravo\OneDrive - City of Renton\Planning Division\Long Range Planning\Planning Commission\Appointments\2024 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: March 11, 2024 TO: Armondo Pavone, Mayor FROM: Brianne Bannwarth, Interim CED Administrator SUBJECT: Re-appointment of Commissioner Charles Seil to the Planning Commission Commissioner Charles Seil’s 2nd three-year-term is officially expiring this June 30, 2024. Commissioner Seil has been in remarkable service with the Planning Commission for almost 9 years since June 2015. He has exemplified consistent commitment and active participation during his entire tenure and he has served as Commission Chair last 2020 and is currently back at the leadership as the Commission Secretary for 2024. Over the years, he has demonstrated understanding and commitment to the City’s mission statement and Business Plan goals. He has the ability to review detailed information and to balance the sometimes competing objectives presented to the Commission. I recommend that Commissioner Seil be re-appointed to a new three-year-term expiring on June 30, 2027. AGENDA ITEM #5. b) AB - 3532 City Council Regular Meeting - 25 Mar 2024 SUBJECT/TITLE: Authorizing Legal Action against The Landing Gear Works LLC on behalf of the Renton Municipal Airport RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: City Attorney STAFF CONTACT: Alex Tuttle, Senior Assistant City Attorney EXT.: 6492 FISCAL IMPACT SUMMARY: An estimate of costs for attorney's fees will be available after March 25, 2024, following a meeting with the City's chosen outside counsel. The expenditures will be derived from the Airport Professional Services Fund if they cannot be recovered as part of future negotiations and proceedings. SUMMARY OF ACTION: The Landing Gear Works LLC is a tenant at the Renton Municipal Airport, subject to a lease (LAG-13-005), which is set to expire on June 22, 2024. The lease is for two buildings on the Southeast corner of the Airport property, and one of the buildings is being subleased, which subtenant is not a subject of the dispute. The Landing Gear Works LLC is additionally renting two city hangars that are subject to month-to-month leases (LAG-19-002 and LAG-19-003). Beginning in September 2022, The Landing Gear Works, LLC began to fall behind on payments on all three leases, which are invoiced jointly each month. No payment has been received for any of the three leases since November 2023 and Tenant is dramatically in arrears on all three leases at this time. On March 13, 2024, the City completed the process of terminating all three leases, to take effect on March 31, 2024. If the tenants have not vacated the premises on that date, further legal proceedings may be necessary to enforce the terms of the lease(s). The City Attorney's office is in the process of procuring outside counsel to handle any such legal proceedings to evict the tenant (known as an unlawful detainer) and/or to recover the unpaid rent and other damages, should it be determined that further action is required. The lease for the two buildings (LAG-13-005) includes a provision for attorney's fees to be awarded to the prevailing party in a dispute of this nature. Pursuant to RCW 35A.12.100, the commencement of legal proceedings to enforce a contract require Council approval. The administration is seeking advance authorization to commence legal proceedings, as it deems necessary, to enforce the lease judicially. Such action may include, but is not limited to: damages, recovery of the leased space, and attorney's fees. EXHIBITS: N/A STAFF RECOMMENDATION: Authorize the Mayor and City Attorney to initiate further legal proceedings against The Landing Gear Works LLC to enforce its lease with the Renton Municipal Airport. AGENDA ITEM #5. c) AB - 3531 City Council Regular Meeting - 25 Mar 2024 SUBJECT/TITLE: Comprehensive Plan (GMA) Periodic Update-FY 2024 Grant Acceptance RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Angie Mathias, Long Range Planning Manager EXT.: 6576 FISCAL IMPACT SUMMARY: The City of Renton was awarded by the Department of Commerce full grant amount of $325,000 over 2023 and 2024 for the Renton Comprehensive Plan (GMA) Periodic Update 2024. This funding was reserved for the City as a non-competitive formula grant. One-half of the said total amount, $162,500 (CAG-23-104 with expiration date of June 30, 2023) was accepted by the Council last March 13, 2023 (See AB 3296). The 2023 Agenda Bill implies acceptance of the grant in 2 parts, but the 2023 Finance Committee Report did not specify there would be 2 agreements to receive the full amount of funding. Since the FY 2023 Agenda Bill and Agreement were not explicit, CED is requesting Council approval of a new contract Agreement for FY 2024 funding in the amount of $162,500 to reimburse FY 2024 GMA updates. This amount has been included in the Q1 CED budget adjustment of 2024. SUMMARY OF ACTION: The City of Renton is conducting a periodic review of its Comprehensive Plan under the Growth Management Act. The review and any associated amendments are due by December 2024. The work will build upon Land Use and Housing Grant and Middle Housing Grant work that will set the stage for the Land Use Element future land use designation adjustments and Housing Element goals and policies and associated codes. The Periodic Review will evaluate and create a draft and final Comprehensive Plan, and vet the draft through an engagement and legislative process. The City of Renton requested BERK Consulting, Inc. (the Consultant) to provide this scope of services to help fulfill a Commerce Grant to conduct the Periodic Review. The Grant covers two phases: Phase I through June 2023 and Phase II through 2024. The full grant amount is $325,000 over 2023 and 2024, with $162,500 available in 2023 and the second half, $162,500 will be available for 2024. EXHIBITS: A. AWARD LETTER B. CONTRACT STAFF RECOMMENDATION: Staff recommends authority for the Mayor and City Clerk to execute a grant agreement with the Department of Commerce in the amount of $162,500, second half of the full grant funding of $325,000, specifically for Renton Comprehensive Plan (GMA) Periodic Update-FY 2024. AGENDA ITEM #5. d) AGENDA ITEM #5. d) STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  (360) 725-4000 www.commerce.wa.gov July 18, 2022 The Honorable Armondo Pavone Mayor of Renton 1055 S Grady Way Renton, Washington 98057 RE: 2024 Growth Management Act Periodic Update Grants Dear Mayor Pavone: The City of Renton is required by RCW 36.70A.130(5)(a) to review and, if needed, revise its comprehensive plan and development regulations by June 30, 2024, to ensure they comply with the Growth Management Act (GMA). We are pleased to inform you that, based on your population size, that $325,000 has been reserved for the City of Renton as a grant to assist in completing your update work. This funding is reserved for the city as a non-competitive formula grant. Due to the state biennial split, one- half of this funding, or $162,500 is available to reimburse related periodic update project costs from July 1, 2022 to June 30, 2023. Commerce will sign a grant agreement with you by this fall. All related GMA update project costs incurred by your jurisdiction, beginning July 1, 2022, will be eligible for reimbursement. Therefore, you will not need to delay work on the update grant until the contract is signed. In addition to this financial assistance, Growth Management Services will continue to provide technical assistance for you during this periodic update process, until your scheduled update deadline, and our professional senior planners are ready to assist you with any questions. Please feel free to contact your assigned senior planner with any questions. Your first grant deliverable will be the completion and submittal of the periodic update checklist, which we provide for review for your comprehensive plan and development regulation. You may find a copy of the checklist and instructions on our webpage here: https://www.commerce.wa.gov/serving-communities/growth-management/periodic-update/ In order to receive this funding, please complete the GMA Update Grant Application materials. These materials are located on the Growth Management Services grants webpage located at AGENDA ITEM #5. d) Note: as per Department of Commerce email dated 03/13/2024, this is the only award letter for City of Renton https://www.commerce.wa.gov/serving-communities/growth-management/growth-management- grants/ We request application materials please be returned by September 30, 2022. As soon we receive your submitted application, we will begin preparing your contract and negotiate your final scopes of work. If you have questions regarding this grant program or receiving technical assistance regarding your update, please contact Catherine McCoy, at (360) 725-2910, or catherine.mccoy@commerce.wa.gov. Sincerely, Dave Andersen, AICP Managing Director, Growth Management Services cc: Chip Vincent AGENDA ITEM #5. d) Interagency Agreement with City of Renton through Growth Management Services Contract Number: 24-63335-224 For GMA Periodic Update Grant – FY2024 Dated: Date of Execution AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 2 of 14 Table of Contents TABLE OF CONTENTS .............................................................................................................................................. 2 FACE SHEET ............................................................................................................................................................ 3 SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 4 1. AUTHORITY ...................................................................................................................................................... 4 2. CONTRACT MANAGEMENT ............................................................................................................................. 4 3. COMPENSATION .............................................................................................................................................. 4 4. BILLING PROCEDURES AND PAYMENT ............................................................................................................. 4 5. SUBCONTRACTOR DATA COLLECTION ............................................................................................................. 5 6. INSURANCE ...................................................................................................................................................... 5 7. FRAUD AND OTHER LOSS REPORTING ............................................................................................................. 5 8. ORDER OF PRECEDENCE .................................................................................................................................. 5 GENERAL TERMS AND CONDITIONS ....................................................................................................................... 6 1. DEFINITIONS .................................................................................................................................................... 6 2. ALL WRITINGS CONTAINED HEREIN ................................................................................................................. 6 3. AMENDMENTS ................................................................................................................................................ 6 4. ASSIGNMENT ................................................................................................................................................... 6 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ........................................................................... 6 6. COPYRIGHT ...................................................................................................................................................... 7 7. DISPUTES ......................................................................................................................................................... 7 8. GOVERNING LAW AND VENUE ........................................................................................................................ 8 9. INDEMNIFICATION .......................................................................................................................................... 8 10. LICENSING, ACCREDITATION AND REGISTRATION ........................................................................................... 8 11. RECAPTURE...................................................................................................................................................... 8 12. RECORDS MAINTENANCE ................................................................................................................................ 8 13. SAVINGS .......................................................................................................................................................... 8 14. SEVERABILITY ................................................................................................................................................... 8 15. SUBCONTRACTING .......................................................................................................................................... 8 16. SURVIVAL ......................................................................................................................................................... 9 17. TERMINATION FOR CAUSE............................................................................................................................... 9 18. TERMINATION FOR CONVENIENCE .................................................................................................................. 9 19. TERMINATION PROCEDURES ........................................................................................................................... 9 20. TREATMENT OF ASSETS ................................................................................................................................. 10 21. WAIVER ......................................................................................................................................................... 11 ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 12 ATTACHMENT B: BUDGET .................................................................................................................................... 14 AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 3 of 14 Face Sheet Contract Number: 24-63335-224 Local Government Division Growth Management Services GMA Periodic Update Grant (PUG) 1. Contractor 2. Contractor Doing Business As (as applicable) City of Renton 1055 South Grady Way Renton, WA, 98057 N/A 3. Contractor Representative 4. COMMERCE Representative Angie Mathias Long Range Planning Manager (425)430-6576 amathias@rentonwa.gov <Insert name> <Insert title> <Insert phone> <Insert FAX> <Insert e-mail> PO Box 42525 1011 Plum St. SE Olympia, WA 98504 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $162,500 Federal: State: Other: N/A: Date of Execution June 30, 2024 9. Federal Funds (as applicable) N/A Federal Agency: N/A ALN N/A 10. Tax ID #11. SWV #12. UBI #13. UEI # N/A SWV0012200-11 177-000-094 N/A 14. Contract Purpose Grant funding to assist the City of Renton with planning work for the completion the Growth Management Act (GMA) requirement to review and revise the comprehensive plan and development regulations under RCW 36.70A.130(5). COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget. FOR CONTRACTOR FOR COMMERCE Hon. Armondo Pavone, Mayor City of Renton Date Mark K. Barkley, Assistant Director Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 4 of 14 Special Terms and Conditions 1.AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2.CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3.COMPENSATION COMMERCE shall pay an amount not to exceed one hundred and sixty-two thousand, five hundred dollars ($162,500), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4.BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice sh all include the Contract Number 24- 63335-224. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Grant Start Date COMMERCE will pay the Contractor for costs incurred beginning July 1, 2023, for services and deliverables described under this Agreement. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 5 of 14 COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). Line Item Modification of Budget A.Notwithstanding any other provision of this contract, the Contractor may, at its discretion, make modifications to line items in the Budget (Attachment B) that will not increase the line item by more than fifteen percent (15%). B.The Contractor shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item of the Budget (Attachment B) that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%) threshold increase described above. C.Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D.Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 3 of this contract, nor does this section allow any proposed changes to the Scope of Work, including Tasks/Work Items and Deliverables under Attachment A, without specific written approval from COMMERCE by amendment to this contract. 5.SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 6.INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7.FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8.ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions Attachment A – Scope of Work Attachment B – Budget AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 6 of 14 General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Washington Department of Commerce. C. “Contract” or “Agreement” or “Grant” means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. “State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 7 of 14 iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confi dential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Cop yright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to ot hers) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights , moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 8 of 14 an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers , and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to r ecapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 9 of 14 If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and rec ords related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or ter mination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days ’ written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provision s of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contracto r and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 10 of 14 (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contrac t. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the tim es, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated b y the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of C OMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 11 of 14 damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of an y subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authori zed Representative of COMMERCE. AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 12 of 14 Attachment A: Scope of Work Tasks / Actions / Deliverables Description End Date Task 1 Draft Comprehensive Plan elements November 2023 Action 1.1 Community profile; element audits. Draft policy revisions to the Comprehensive Plan needed to comply with amendments needed identified in Task 1. October 31, 2023 Action 1.1.1 Draft Housing element October 31, 2023 Action 1.2 Draft revisions to the Comprehensive Plan with amendments identified by city staff. October 31, 2023 Deliverable 1 Draft Comprehensive Plan and staff report(s) November 30, 2023 Deliverable 1.1 Draft Housing element November 30, 2023 Task 2 Conduct Outreach and Public Engagement for the update to the Comprehensive Plan February 28, 2024 Action 2.1 Engage Renton community in a variety of ways with specific outreach to populations historically not represented. September 31, 2023 Deliverable 2 Summary of results of public engagement and recommended revisions to draft Comprehensive Plan elements. January 31, 2024 Deliverable 3 Presentations to Planning Commission and Council about outreach and results. February 28, 2024 Task 3 Draft Plan Evaluation and Sharing March 31, 2024 3.1 Planning Commission Recommendations February 28, 2024 AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 13 of 14 3.2 SEPA Review March 31, 2024 Deliverable 4 Amended Elements with Planning Commission Recommendations March 2023 Deliverable(s) 5 SEPA Checklist and Determination March 31, 2024 Task 4 Final Draft Comprehensive Plan Submittals April 30, 2024 Action 4.1 Prepare submittal materials for review by Department of Commerce April 30, 2024 Action 4.2 Prepare submittal materials for review by Puget Sound Regional Council April 30, 2024 Action 4.3 Prepare submittal materials for review by King County April 30, 2024 Deliverable 6 Completed materials for review by outside agencies. May 31, 2024 AGENDA ITEM #5. d) ________________________________________________________________________________________________________ Page 14 of 14 Attachment B: Budget SFY 2024 Task/Deliverable SFY 2024 Amount Deliverable 1 - Draft Comprehensive Plan and staff report(s) Regulations and Overall Comp Plan -$10,000 Vision - $1,500 Land Use - $4,000 Transportation - $4,000 Housing and Human Services - $4,500 Economic Development - $2,000 Parks, Recreation, Natural Areas, and Trails - $1,500 Community Planning - $1,500 Utilities - $2,000 Capital Facilities - $2,000 Climate - $2,000 Staff Reports - $5,000 $40,000 Deliverable 2 - Summary of results of public engagement and recommended revisions to draft Comprehensive Plan elements. $40,000 Deliverable 3- Presentations to Planning Commission and Council about outreach and results. $6,000 Deliverable 4 - Amended Elements with Planning Commission Recommendations $15,000 Deliverable 5 - SEPA Checklist and Determination $15,000 Deliverable 6 - Completed materials for review by outside agencies. $46,500 Total Grant (SFY 2024 only) $ 162,500 AGENDA ITEM #5. d) AB - 3509 City Council Regular Meeting - 25 Mar 2024 SUBJECT/TITLE: 2023 Emergency Management Performance Grant (EMPG) Contract E24-248 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Executive Services Department STAFF CONTACT: Deborah Needham , Emergency Management Director EXT.: 7725 FISCAL IMPACT SUMMARY: Amount budgeted: 0 Revenue generated: $58,285 The Executive Services Department was awarded funding from the Emergency Management Performance Grant (EMPG) in the amount of $58,285. SUMMARY OF ACTION: The Emergency Management Performance Grant (EMPG) provides supplemental funding to support key components of a comprehensive national emergency management system for disasters and emergencies. Although EMPG funding is relatively stable, the amount cannot be guaranteed. The city was awarded $58,285 from EMPG funding. As a performance grant, the award will be expended entirely on the approved grant projects specified in the contract. Council approved acceptance of the award on October 23 to allow work to begin during the grant period while awaiting the contract from the state. Grant funds will be expended during 2024. Therefore, a 2024 budget adjustment of $58,285 in revenue is needed to reflect the grant amount awarded. The work plan in the contract specifies uses of the funds for cyber incident response planning and testing; emergency management training for city staff, volunteers, and community partners; maintenance of amateur radio and other communication systems; community outreach and translation of emergency preparedness materials; and project assistance in documenting city processes and institutional knowledge to enhance continuity of operations. EXHIBITS: A. EMPG Contract E24-248 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract E24-248 and approve the 2024 budget adjustment of $58,285. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 1 of 45 City of Renton, E24-248 Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: City of Renton-Office of Emergency Management 1055 S Grady Way Renton, WA 98057-3232 2. Grant Agreement Amount: $58,285 3. Grant Agreement Number: E24-248 4. Subrecipient Contact, phone/email: Hannah Miller, 425-430-6546 hlmiller@rentonwa.gov 5. Grant Agreement Start Date: June 1, 2023 6. Grant Agreement End Date: September 30, 2024 7. Department Contact, phone/email: Deborah Henderson, 253-512-7470 deborah.henderson@mil.wa.gov 8. Unique Entity Identifier (UEI): UG2PSBS6UJJ3 9. UBI # (state revenue): 177-000-094 10. Funding Authority: Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS) 11. Federal Award ID # (FAIN): EMS-2023-EP-00002 12. Federal Award Date: 9/21/2023 13. Assistance Listings # & Title: 97.042 (23EMPG) 14. Total Federal Amount: $7,585,716 15. Program Index # & OBJ/SUB-OBJ: 733PT NZ 16. EIN: 91-6001271 17. Service Districts: (BY LEGISLATIVE DISTRICT): 11, 33, 37, 41 (BY CONGRESSIONAL DISTRICT): 8, 9 18. Service Area by County(ies): King 19. Women/Minority-Owned, State Certified: ☒ N/A ☐ NO ☐ YES, OMWBE #_________ 20. Agreement Classification: ☐ Personal Services ☐ Client Services ☒ Public/Local Gov’t ☐ Research/Development ☐ A/E ☐ Other_______ 21. Contract Type (check all that apply): ☐ Contract ☒ Grant ☒ Agreement ☐ Intergovernmental (RCW 39.34) ☐ Interagency 22. Subrecipient Selection Process: ☒ “To all who apply & qualify” ☐ Competitive Bidding ☐ Sole Source ☐ A/E RCW ☐ N/A ☐ Filed w/OFM? ☐ Advertised? ☐ YES ☐ NO 23. Subrecipient Type (check all that apply): ☐ Private Organization/Individual ☐ For-Profit ☒ Public Organization/Jurisdiction ☐ Non-Profit ☐ CONTRACTOR ☒ SUBRECIPIENT ☐ OTHER 24. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2023 Emergency Management Performance Grant (23EMPG) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 23EMPG DHS Award Letter for Grant No. EMS-2023-EP-00002 (“Grant”), which is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); 23EMPG Award Letter EMS-2023-EP- 00002 (Attachment C); Work Plan (Attachment D); Timeline (Attachment E); Budget (Attachment F); Build America, Buy America Act Self- Certification (Attachment G); and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: _____________________________________________ Signature Date Regan Anne Hesse, Chief Financial Officer Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Dierk Meierbachtol August 1, 2023 Assistant Attorney General FOR THE SUBRECIPIENT: _____________________________________________ Signature Date Armondo Pavone, Mayor City of Renton _____________________________________________ Signature Date (Attest:) Jason A. Seth, City Clerk City of Renton APPROVED AS TO FORM (if applicable): _____________________________________________ Signature Date AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 2 of 45 City of Renton, E24-248 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Hannah Miller Name Deborah Henderson Title Administrative Assistant Title Program Coordinator Email hlmiller@rentonwa.gov Email deborah.henderson@mil.wa.gov Phone 425-430-6546 Phone 253-512-7470 Name Deborah Needham Name Peter Drance Title EM Director Title Program Manager Email dneedham@rentonwa.gov; em@rentonwa.gov Email peter.drance@mil.wa.gov Phone 425-430-7725 Phone 253-512-7322 Name MJ (Emily) Jorgensen Name Grant Miller Title Emergency Management Coordinator Title Program Assistant Email mjorgensen@rentonwa.gov; em@rentonwa.gov Email grant.miller@mil.wa.gov Phone 425-430-7727 Phone 253-512-7061 Name Name Sierra Wardell Title Title Financial Operations Section Manager Email Email sierra.wardell@mil.wa.gov Phone Phone 253-512-7121 ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 23EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2023 Emergency Management Performance Grant (EMPG) Program document, the Fiscal Year 2023 Preparedness Grants Manual, FEMA Manual (FM) 207-22-0001 Version 4, 2023 (the Manual), the DHS Award Letter for the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 23EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 3 of 45 City of Renton, E24-248 i. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 23EMPG funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 23EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2023 Emergency Management Performance Grant (EMPG) Program document, the Manual, the DHS Award Letter for the Grant in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 23EMPG federal award funds provided to its subrecipients, and associated matching funds, are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VII to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements. ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements@mil.wa.gov no later than the due dates listed within the Timeline (Attachment E). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 4 of 45 City of Renton, E24-248 f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment E). For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency’s level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department’s sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within the time period notated in the Timeline (Attachment E) except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient’s project(s). i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline (Attachment E) will prohibit the Subrecipient from being reimbursed until such reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. l. A written amendment will be required if the Subrecipient expects cumulative transfers to approved, direct budget categories, as identified in the Budget (Attachment F), to exceed ten percent (10%) of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. m. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report (in the format provided by the Department) describing all completed activities under this Agreement, status of training course completion by individual personnel, how the match was met and documented, and progress made with NQS implementation. c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 5 of 45 City of Renton, E24-248 return to the Department an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. d. To document compliance with the National Incident Management System (NIMS), the Subrecipient shall complete the annual NIMS survey conducted by EMD staff. 4. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. In order to receive federal preparedness funding from the Department, the Subrecipient must ensure and maintain adoption and implementation of NIMS. See Agreement Attachment A, Article II section 3.c. for associated reporting requirements. The list of objectives used for progress and achievement reporting can be found at https://www.fema.gov/emergency-managers/nims/implementation-training. d. Beginning with 23EMPG, FEMA is requiring phased implementation of the National Qualification System (NQS) for EMPG subrecipients. The NQS Implementation Objectives reflect the concepts and principles contained in NQS doctrine and aim to promote consistency in NQS implementation nationwide. Subrecipients will be considered in compliance with NQS requirements as long as they are working towards implementing the NQS Implementation Objectives can be found at https://www.fema.gov/sites/default/files/documents/fema_nims-nqs-implementation- objectives_fact-sheet.pdf. Only EMPG-funded deployable personnel (determined by the Subrecipient) will be required to meet NQS certification requirements. For 23EMPG NQS Phase I of implementation, Subrecipients must: i. Document the plan for implementation of NQS to include a timeline and an analysis of which positions are subject to the requirement. FEMA has created an optional template which can be found at https://www.fema.gov/sites/default/files/documents/fema_nqs-sample- implemetation-plan.pptx. All plans should be kept with Agreement documents. ii. Describe the status of implementation as a part of the annual NIMS survey conducted by EMD staff at the end of the calendar year. iii. Note within the EMPG final report which EMPG funded personnel are categorized as deployable and status of implementation, as applicable. 5. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 6 of 45 City of Renton, E24-248 i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient’s inventory system. iii. Inventory system records shall include: A. Description of the property B. Manufacturer’s serial number, or other identification number C. Funding source for the property, including the Federal Award Identification Number (FAIN) (Face Sheet, Box 11) D. Assistance Listings Number (Face Sheet, Box 13) E. Who holds the title F. Acquisition date G. Cost of the property and the percentage of federal participation in the cost H. Location, use, and condition of the property at the date the information was reported I. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of the equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department’s Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 7 of 45 City of Renton, E24-248 award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per-unit fair-market value of $5,000 or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department’s Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable equipment categories for the grant program are listed on the Authorized Equipment List (AEL) located on the FEMA website at https://www.fema.gov/grants/guidance-tools/authorized-equipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program; the AEL includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under the grant program, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Equipment purchases (those with a current per-unit fair market value in excess of $5,000) must be identified and explained to the Department. Use, management, and disposition of such equipment is subject to requirements outlined in 2 CFR 200.313. Before making such purchases, the Subrecipient should analyze the cost benefits of purchasing versus leasing equipment, especially those subject to rapid technical advances. e. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory state and DHS/FEMA adopted standards to be eligible for purchase using federal award funds. f. If funding is allocated to support emergency communications activities, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants, located at https://www.cisa.gov/safecom/funding, including provisions on technical standards that ensure and enhance interoperable communications. g. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 8 of 45 City of Renton, E24-248 ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 CFR 200.216, 200.327, 200.471, and Appendix II to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and the NOFO. Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: iv. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); v. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); vi. Telecommunications or video surveillance services provided by such entities or using such equipment; or vii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. h. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 6. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 9 of 45 City of Renton, E24-248 d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 7. PROCUREMENT The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). a. For all contracts expected to exceed the simplified acquisition threshold, per 2 CFR 200.1, the Subrecipient must notify the Department. The Department may request pre- procurement documents, such as request for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for requesting and reviewing pre-procurement documents. b. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR 200.1, the Subrecipient must submit justification to the Department for review and approval. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications to any non-federal entity to which Subrecipient makes any award. c. The Subrecipient as well as its contractors and subcontractors must comply with the Build America, Buy America Act (BABAA), which was enacted as a part of the Infrastructure Investment and Jobs Act §§ 70901-70297, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers. BABAA requires any infrastructure project receiving federal funding must ensure: i. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from initial melting stage through the application of coatings, occurred in the United States. ii. All manufactured products must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States must be greater than 55% of the total cost of all minimum amount of domestic content of manufactured product, unless subject to another standard. iii. All construction materials are manufactured in the United States. This means that all manufacturing processes for construction material occurred in the United States. Additionally, applicable infrastructure projects are subject to domestic preference requirements. A domestic preference does not apply to non-infrastructure spending under an award that also includes a covered project. A domestic preference applies to an entire infrastructure project, even if it is funded by both federal and non-federal funds under one or more awards. i. Domestic preferences under BABAA only apply to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a domestic preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of or permanently affixed to the structure. ii. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways and bridges; AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 10 of 45 City of Renton, E24-248 public transportation; dams, ports, harbors and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. iii. The Subrecipient’s contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the BABAA shall file a required certification to the Subrecipient with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors must certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirement. Such disclosures shall be forwarded to the Subrecipient who will forward them to the Department who, in turn, will forward the disclosures to FEMA. The Build America, Buy America Act Self-Certification form is included herein as Attachment G. If the Subrecipient is interested in applying for a waiver, the Subrecipient should contact the Department Key Personnel to determine the requirements. All waiver requests must include a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States and a certification that there was a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers. 8. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department’s monitoring activities is to ensure that subrecipients receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. Reporting requirements are referenced in section 3.c. c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports ii. Monitoring and documenting the completion of Agreement deliverables iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), e-mails and correspondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements v. Observation and documentation of Agreement related activities, such as exercises, training, events, and equipment demonstrations vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 11 of 45 City of Renton, E24-248 d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 9. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide- meaningful-access-people-limited and additional resources on https://www.lep.gov. B. EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). A portion of the grant program is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan (Attachment D) and the Subrecipient’s approved application for funding, incorporated into this Agreement. b. Funding may not be used to replace or supplant non-federal funding of emergency management programs. c. The Subrecipient shall provide a fifty percent (50%) cash match from non-federal source(s). The Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted and approved in the application and documented in the Budget (Attachment F). To meet matching requirements, the Subrecipient’s cash matching contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all state and Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. d. The Subrecipient shall participate in the State’s Stakeholder Preparedness Review (SPR), Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data calls. Non-participation may result in withholding of funding under future grant years. e. Subrecipients shall participate in the State’s Integrated Preparedness Planning Workshop (IPPW). Non-participation may result in withholding of funding under future grant years. f. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior written approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 12 of 45 City of Renton, E24-248 Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/files/2020- 04/Training_Course_Review_and_Approval_IB_Final_7_19_18.pdf, the training must fall within the FEMA mission scope and be in alignment with the Subrecipient’s Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. g. All personnel funded in any part through federal award or matching funds under this Agreement shall complete and record proof of completion of: i. NIMS training Independent Study (IS): IS-100, IS-200, IS-700, and IS-800, and ii. Either the FEMA Professional Development Series (PDS) IS-120, IS-230, IS-235, IS-240, IS-241, IS-242, and IS-244, or (2) the Emergency Management Professionals Program (EMPP) Basic Academy IS-230, E/L101, E/L 102, E/L103, E/L104 and E/L105. C. DHS TERMS AND CONDITIONS As a Subrecipient of 23EMPG funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 23EMPG Award Letter and its incorporated documents for the Grant, which are incorporated and made a part of this Agreement as Attachment C. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 13 of 45 City of Renton, E24-248 Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. “Agreement” means this Grant Agreement. b. “Department” means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. c. “Investment” means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d. “Monitoring Activities” means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities, and policies. e. “Stakeholders Preparedness Report (SPR)” The SPR is an annual three-step self-assessment of a community’s capability levels based on the capability targets identified in the THIRA. f. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.1 for all other purposes. g. “Threat and Hazard Identification and Risk Assessment (THIRA)” The THIRA is a three-step risk assessment. The THIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community’s capability gaps during the SPR process. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient’s project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 14 of 45 City of Renton, E24-248 A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered transactions” by any federal department or agency. “Covered transactions” include procurement contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries’ “Debarred Contractor List” (https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services’ Debarred Vendor List (https://www.des.wa.gov/services/contracting- purchasing/doing-business-state/vendor-debarment). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an 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) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all 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 and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 15 of 45 City of Renton, E24-248 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318, General procurement standards, through 200.327, Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 16 of 45 City of Renton, E24-248 Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 17 of 45 City of Renton, E24-248 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six (6) years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for Infrastructure Projects,” and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department reserves the right to review the Subrecipient’s procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient, and a third party mutually agreed upon by both parties. The determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 18 of 45 City of Renton, E24-248 A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department’s Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties’ Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION During the performance of this agreement, the Subrecipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 19 of 45 City of Renton, E24-248 mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subrecipient shall take action to ensure that employees are employed and treated during employment without discrimination because of their race, color, sex, sexual orientation religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify, and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department’s name is mentioned, or language used from which the connection of the Department’s name may, in the Department’s judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 20 of 45 City of Renton, E24-248 of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the “records”). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity” AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 21 of 45 City of Renton, E24-248 means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient’s fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 OR Contracts.Office@mil.wa.gov The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Workers’ Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the State of Washington in their own right. If the Subrecipient is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution before entering into this contract. A statement of "no conflict of interest" shall be submitted to the Department. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 22 of 45 City of Renton, E24-248 expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 23 of 45 City of Renton, E24-248 If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and encourage minority-owned and women-owned business enterprises who are certified by the OMWBE under the state of Washington certification program to apply and compete for work under this contract. Voluntary numerical MWBE participation goals have been established, and are indicated herein: Minority Business Enterprises: (MBE’s): 10% and Woman’s Business Enterprises (WBE’s): 6%. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 24 of 45 City of Renton, E24-248 A.37 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 25 of 45 City of Renton, E24-248 Attachment C 23EMPG Award Letter EMS-2023-EP-00002 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 26 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 27 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 28 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 29 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 30 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 31 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 32 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 33 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 34 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 35 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 36 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 37 of 45 City of Renton, E24-248 AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 38 of 45 City of Renton, E24-248 Attachment D WORK PLAN FY 2023 Emergency Management Performance Grant Emergency Management Organization: City of Renton Office of Emergency Management (OEM) The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five mission areas of the national preparedness goal of prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include EMPG grant and local funds). Priority Area #1 4.5 Operational Planning and Procedures Primary Core Capability Cybersecurity Secondary Core Capability Operational Coordination Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Cyber Incident Response Plan: City of Renton will work with a 3rd party vendor to create a customized Incident Response Plan applicable to the city's environment and the specific steps to take in the event of a cyber incident. The final Disaster Recovery Assessment and Planning Report from 2021-2022, which was developed subsequent to a cyber incident in 2020, identified several significant prevention/mitigation measures which would greatly enhance the city’s cybersecurity, including development of an operational plan, and testing through an exercise. Additionally, this falls in line with current disaster recovery/business continuity initiatives (active revision and expansion of the citywide Continuity of Operations Plan is underway) and planning for proper creation/updating of applicable policies. Overall, city IT staff and other stakeholders involved in a cyber incident response will be better trained to respond should an incident occur. • The desired outcome is to deliver a more efficient response during a cyber incident, aiding in the protection and integrity of the city's systems, infrastructure and data, and preserving continuity of government operations in continued service to the residents and businesses of Renton. • Budget expansion has already been requested to continue onboarding of a managed SIEM solution, which is part of our roadmap for cybersecurity improvements. Funding for these projects will allow the IT team to address these gaps immediately rather than postponing them due to lack of funds. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 39 of 45 City of Renton, E24-248 Cyber Incident Tabletop Exercise: A Table Top Exercise will be developed by a consultant to do a dry-run of the plan to train and ensure familiarity with the plan for all stakeholders. After the cyber incident in 2020, the city's cyberinsurance company required that the city increase its planning and preparedness, including the development of an Incident Response Plan. In order to test the plan it will also be necessary to conduct an exercise. This will be a new addition to our overall cybersecurity program and will improve our ability to respond in the event of a major cyber event. Overall, city IT staff and other stakeholders involved in a cyber incident response will be better trained to respond should an incident occur. • The desired outcome is to deliver a more efficient response during a cyber incident, aiding in the protection and integrity of the city's systems, infrastructure and data, and preserving continuity of government operations in continued service to the residents and businesses of Renton. • Budget expansion has already been requested to continue onboarding of a managed SIEM solution, which is part of our roadmap for cybersecurity improvements. Funding for these projects will allow the IT team to address these gaps immediately rather than postponing them due to lack of funds. Priority Area #2 4.12 Emergency Public Information and Education Primary Core Capability Public Information and Warning Secondary Core Capability Community Resilience Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Annual outreach: Conduct an annual outreach campaign, translating outreach materials into additional language(s). Without a regular outreach campaign and ongoing training programs, our residents will not have access to essential information that will allow them to protect themselves and their loved ones. Our community is made up of residents from different origins/ethnicities who speak different languages. There is a great need to be able to effectively communicate essential information before and after a disaster with the appropriate outreach materials. Community outreach as a whole will allow our community to be better prepared for any disaster by teaching preparedness skills and spreading awareness with multilingual materials/resources. Providing emergency public information in multiple languages creates equitable access to emergency messaging for our diverse community. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 40 of 45 City of Renton, E24-248 Renton Emergency Preparedness Academy: Promote and conduct emergency preparedness classes through the Renton Emergency Preparedness Academy (REPA). In the 2022 5-year Emergency Management Strategic Plan Goal #1 is "A prepared and resilient community", where "Everyone can receive emergency information", "Individuals take responsibility for their own household and business preparedness", and "Those with Limited English Proficiency or Access and Functional Needs receive equitable assistance in an emergency." The provision of emergency information in multiple languages is also mandated by state law. Community outreach as a whole will allow our community to be better prepared for any disaster by teaching preparedness skills and spreading awareness with multilingual materials/resources. Providing emergency public information in multiple languages creates equitable access to emergency messaging for our diverse community. Translation of hazard warnings: Translate additional hazard warning information into multiple languages. Additional outreach needs have been identified to communicate new hazard information to populations that speak English less than very well. This need was identified mid-budget cycle, and federal funds will close that gap. Community outreach as a whole will allow our community to be better prepared for any disaster by teaching preparedness skills and spreading awareness with multilingual materials/resources. Providing emergency public information in multiple languages creates equitable access to emergency messaging for our diverse community. Priority Area #3 4.10 Training Primary Core Capability Operational Coordination Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Emergency management training: Send emergency management and city staff and volunteers and community partners through training for emergency planning, response, recovery or mitigation. • Emergency Management staff alone cannot provide a comprehensive response and recovery in a disaster. It is necessary to train other response partners to play a role in the disaster. • However, other departments and agencies lack sufficient training budget and schedule flexibility to send their personnel to the necessary trainings. This results in people who are poorly prepared for their roles in a disaster. • In the 2022 5-year Emergency Management Strategic Plan Goal #2 is "Prepared and responsive city teams", where "All employees are prepared for emergencies, can be reached, and report to work promptly" and "City teams A smoother response resulting in better utilization of resources and less duplication of effort while protecting lives, property, the environment, and the economy. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 41 of 45 City of Renton, E24-248 contribute to, train on, exercise and learn from emergency plans and incidents." • Having properly trained and prepared EOC workers is a NIMS requirement. Other departments lack sufficient or targeted training dollars to do the extra training requested of them by emergency management. Priority Area #4 4.8 Communications and Warning Primary Core Capability Operational Communications Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Communications equipment: Continuing the replacement cycle for existing aging equipment used for emergency communications, including adding new portable radios (on amateur radio and public safety radio systems), replacing dead battery packs and damaged antennae for amateur radio equipment, and instituting a regular replacement cycle. (Batteries: 10BC-00-BATT; Radios and antenna: 06CP-03-TOWR, 06CP-01-PORT, 06CP- 01-MOBL, and 06CP-01-BASE) • Without operational communications equipment, responders, the EOC, and other partners are unable to communicate and coordinate during a disaster. • The draft AAR/IP for Cascadia Rising 2022 notes that "amateur radio equipment deficiencies were identified". • The PSERN radio replacement project did not include one public safety portable radio replacement (as it had been borrowed from another agency) and did not include a mobile public safety radio for the Mobile Communication Response Unit. • Equipment failures were discovered in 2022, therefore had not been budgeted for in the biennial budget. Thus grant funds will be needed for replacement costs. • Operational Communications, and interoperable communications (which are supported by our Communications are operational, facilitating emergency response coordination. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 42 of 45 City of Renton, E24-248 amateur radio volunteers and equipment) are a NIMS requirement. Priority Area #5 4.4 Continuity Planning and Procedures Primary Core Capability Operational Coordination Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Emergency management continuity plan: Utilize a contractor to conduct interviews and document and organize institutional knowledge related to city essential functions, particularly emergency management processes, that are not currently in writing. • Participant comments from the 2022 IEMC identified the need to "get things out of people's heads and onto paper" • The city's COOP mandates that all divisions must document essential information and processes in the COOP, and the 2022 5 year strategic plan for emergency management identifies continuity planning as a priority. • The result will be an indexed manual of processes and resources for emergency management that will guide new personnel, or non emergency management personnel, in carrying out the essential functions of emergency management in the event EM or other mission critical personnel are incapacitated or absent during an incident. • This will provide continuity of operations in the emergency management division, and allow the city to continue to serve the community with disaster services. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 43 of 45 City of Renton, E24-248 Attachment E TIMELINE FY 2023 Emergency Management Performance Grant DATE TASK June 1, 2023 Grant Agreement Start Date April 30, 2024 Submit reimbursement request September 30, 2024 Grant Agreement End Date November 15, 2024 Submit final reimbursement request, final report, training requirement report, and/or other deliverables. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the above Timeline. For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the above Timeline. AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 44 of 45 City of Renton, E24-248 Attachment F BUDGET FY 2023 Emergency Management Performance Grant 23EMPG AWARD 58,285.00$ SOLUTION AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts 24,785$ -$ Other -$ -$ Subtotal 24,785$ -$ Personnel & Fringe Benefits -$ 58,285$ Travel/Per Diem 4,000$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal 4,000$ 58,285$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts 13,500$ -$ Other -$ -$ Subtotal 13,500$ -$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies 2,000$ -$ Consultants/Contracts 10,000$ -$ Other -$ -$ Subtotal 12,000$ -$ Equipment 4,000$ -$ Subtotal 4,000$ -$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ -$ Indirect -$ -$ Indirect Cost Rate on file 0.00%N/A TOTAL Grant Agreement AMOUNT:58,285$ 58,285$ for Time Period of:M&APLANNINGORGANIZATION EXERCISETRAININGEQUIP The Subrecipient will provide a match of $58,285 of non-federal origin, 50% of the total project cost local budget plus EMPG award. Cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount will not be reimbursed without prior written approval from the Department. Funding Source: U.S. Department of Homeland Security - PI# 733PT – EMPG AGENDA ITEM #5. e) DHS-FEMA-EMPG-FY23 Page 45 of 45 City of Renton, E24-248 Attachment G BUILD AMERICA, BUY AMERICA ACT SELF-CERTIFICATION The undersigned certifies, to the best of their knowledge and belief, that: The Build America, Buy America Act (BABAA) requires that no federal financial assistance for “infrastructure” projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” Section 70914 of Public Law No. 117-58, §§ 70901-52. The undersigned certifies that for the Insert Project Name and Location that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. “The [Contractor or Subcontractor], ______________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or Subcontractor] understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.” _______________________________________________________ Signature of [Contractor’s or Subcontractor’s] Authorized Official Enter Name and Title Name and Title of [Contractor’s or Subcontractor’s] Authorized Official Date AGENDA ITEM #5. e)