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Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, April 1, 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 25, 2024. Council Concur b) AB - 3541 Mayor Pavone recommends approval of Amendment #1 to CAG-19-024, contractor Valley Defenders PLLC, increasing the monthly fee to $75,903.72 and extending the agreement through December 31, 2024. Refer to Finance Committee c) AB - 3535 Executive Services Department recommends approval to execute an agreement with Avidex Industries, LLC, in the amount of $141,991.87, for audio/visual upgrades for the Community Center Audiovisual System Upgrade project. Council Concur d) AB - 3538 Parks & Recreation Department recommends approval to execute an Amendment 2 to CAG-21-174, contractor King County's Department of Community and Human Services, for the allocation of an additional $60,000 in grant funds to support the Recreation Division's outreach, programs, and services. Refer to Finance Committee e) AB - 3533 Parks & Recreation Department - PPNR recommends approval of a Professional Services Agreement with Moffat & Nichol, in the amount of $141,971, for engineering and permitting services for the Springbrook Trail Boardwalk Repairs project. Refer to Finance Committee f) AB - 3534 Police Department recommends approval of a proposal to increase the bonus offered to lateral police officers from $10,000 at hiring date and a second $10,000 payment upon completion of a one-year probation period to $20,000 at hiring date and an additional $20,000 upon completion of a one-year probation date. Refer to Finance Committee g) AB - 3539 Public Works Utility Systems Division submits CAG-21-261, Lift Station and Force Main Rehab Phase 2 project, contractor Gary Harper Construction, Inc., and requests acceptance of the project and approval to release retainage in the amount of $21,546.55 after 60 days once all required releases from the State are obtained and all other liens are legally cleared. Council Concur 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. 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) 5:15 p.m. - 7th Floor - Council Chambers/Videoconference Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Mayor’s Office Memorandum DATE: April 1, 2024 TO: Ed Prince, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Renton’s Urban Forester Ian Gray has been appointed as Vice Chair of the Washington Community Forestry Council, which advises WA Department of Natural Resource’s Urban & Community Forestry program. The program educates citizens and decision-makers about the economic, environmental, psychological, and aesthetic benefits of trees. The program also assists local governments, citizen groups, and volunteers in planting and sustaining healthy trees and vegetation wherever people live, work, and play in Washington state. • 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, April 1 through Friday, April 5, 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.  Monday, April 1 through Friday, April 5, 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, April 1 through Friday, April 5, 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, April 1 through Friday, April 5, 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, April 1 through Friday, April 5, 8:00 a.m. to 3:00 p.m. Intermittent land closure on Rainier Ave S between S 2nd St and Airport Way for construction work. Questions may be directed to Joe Nerlfi, 425-757-9657. AGENDA ITEM #3. a) Ed Prince, Council President Members of Renton City Council Page 2 of 2 April 1, 2024  Monday, April 1 through Friday, April 5, 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, April 1 through Friday, April 5, 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, April 1 through Friday, April 5, 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 25, 2024 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, March 25, 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 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: Ruth Pérez, Council Position No. 6 MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL EXCUSE ABSENT COUNCILMEMBER PEREZ. CARRIED. ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Alex Tuttle, Senior Assistant City Attorney Jason Seth, City Clerk Kristi Roland, Deputy Chief Administrative Officer Brianne Bannwarth, Interim Community & Economic Development Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Krista Kolaz, Risk Manager Chief Jon Schuldt, Police Department Administrator Deputy Chief Jeffery Hardin, Police Department Deputy Chief Ryan Rutledge, Police Department Commander Tracy Wilkinson, Police Department Attended Remotely: AGENDA ITEM #5. a) March 25, 2024 REGULAR COUNCIL MEETING MINUTES Judith Subia, Chief of Staff Kari Roller, Finance Administrator Martin Pastucha, Public Works Administrator Shane Moloney, City Attorney Ron Straka, Public Works Utility Systems Director April Alexander, Executive Assistant 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: • 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. AUDIENCE COMMENTS • Kayla Briele, Renton, spoke about public safety issues, car break-ins, and juvenile crime occurring in Renton. • Thomas Anderson, Seattle, spoke about the impacts a possible eviction of The Landing Gear Works from the Renton Airport would have on the business and its employees. • Joe Penaranda, Renton, also spoke about the impacts an eviction of The Landing Gear Works would have on the business and its employees. • Derek Anderson, Seattle, also spoke about the impacts an eviction of The Landing Gear Works would have on the business and its employees. • Sergio Núñez, Renton, spoke about the impacts an eviction of The Landing Gear Works would have on the business and its employees. AGENDA ITEM #5. a) March 25, 2024 REGULAR COUNCIL MEETING MINUTES • Sofia Farret, Renton, also spoke about the impacts an eviction of The Landing Gear Works from the Renton Airport would have on the business and its employees. • Thomas LaGrandeur, Renton, also spoke about the impacts an eviction of The Landing Gear Works would have on the business and its employees. • Zoe Dearing, Newcastle, requested that Council support a sustainability policy for the Issaquah School District. 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.c. for separate consideration. 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. 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. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADOPT THE CONSENT AGENDA, MINUS ITEM 6.C CARRIED. SEPARATE CONSIDERATION ITEM 6.c. 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 MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL REFER THIS ITEM TO THE ADMINISTRATION FOR FURTHER REVIEW. 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. a) Finance Committee: Chair O'Halloran presented a report recommending approval of the following payments: 1. Accounts Payable - total payment of $10,048,434.81 for vouchers 10785-10787, 10789- 10793, 10796, 414986-415335; payroll benefit withholding vouchers 7348-7359, 415328- 415335 and 0 wire transfers. AGENDA ITEM #5. a) March 25, 2024 REGULAR COUNCIL MEETING MINUTES 2. Payroll - total payment of $1,933,698.81 for payroll vouchers that include 672 direct deposits and 11 checks (2/16/24 - 2/29/24 pay period). 3. Kidder Mathews vouchers 1615-1631 totaling $39,237.94. 4. Municipal Court vouchers 018493-018507 totaling $3,831.50. MOVED BY O'HALLORAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to approve the 2020 Washington State Department of Health Supplemental Nutrition Assistant Program Incentive Agreement 5, to accept an additional $17,600 in funding at the Renton Farmers Market for January 1, 2024 through February 28, 2025. MOVED BY O'HALLORAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to approve the request to waive the rental fee for the Riverview Shelter of $150.00 (resident rate) for the April 28, 2024 Renton CROP Hunger Walk. The organizer will pay the Temporary Event Permit fee of $85.00. MOVED BY O'HALLORAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION . CARRIED. d) Community Services Committee: Chair Alberson presented a report recommending concurrence in the staff recommendation to confirm Mayor Pavone's appointment of Mr. Hemant Tanwar to the Equity Commission for a term expiring December 31, 2026. MOVED BY ALBERSON, SECONDED BY MCIRVIN, 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: 7:26 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 25 Mar 2024 AGENDA ITEM #5. a) Council Committee Meeting Calendar March 25, 2024 April 1, 2024 Monday CANCELED Utilities Committee, Chair Văn CANCELED Transportation Committee, Chair McIrvin 5:15 PM Committee of the Whole, Chair Prince Location: Council Chambers/Videoconference 1. Crime Update 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #5. a) AB - 3541 City Council Regular Meeting - 01 Apr 2024 SUBJECT/TITLE: Ratification of Amendment #1 to CAG-19-024 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Mayor Pavone STAFF CONTACT: Ed VanValey, Chief Administrative Officer EXT.: 6500 FISCAL IMPACT SUMMARY: Additional $4,152.53/month SUMMARY OF ACTION: Our contract with Valley Defenders PLLC for public defense services (CAG-19-024) ended March 31, 2024. We are extending the date of the contract through December 31, 2024 with an amendment to the contract. The monthly base compensation of $71,751.19 will be increased to $75,903.72; this is the 3% yearly increase stipulated in the original contract plus a monthly compensation of $2,000 for public defense services for the Renton Municipal Community Court. EXHIBITS: A. Amendment #1 to CAG-19-024 B. CAG-19-024 STAFF RECOMMENDATION: Approve and ratify Amendment #1 to CAG-19-024. AGENDA ITEM #5. b) AMENDMENT NO. _1_ TO AGREEMENT FOR PRIMARY PUBLIC DEFENSE SERVICES THIS AMENDMENT, dated for reference purposes only as March 12, 2024, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Valley Defenders, PLLC (“Public Defender”), a Washington Professional Limited Liability Company. The City and the Public Defender are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Public Defender under Agreement CAG-19-024, dated April 16, 2019, to provide necessary services for the primary public defense services (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to extend the term of the agreement in order to continue primary public defense services through 2024. NOW THEREFORE, It is mutually agreed upon that CAG-19-024 is amended as follows: 1. Time of Performance: Section 3.C, End of Term, is amended to continue appointments under the Agreement through December 31, 2024. This extension beyond April 2024 is subject to Council ratification. 2. Compensation: Section 4.A, Basic Compensation, is amended so that starting on April 1, 2024, the monthly compensation payable to the Public Defender will be $75,903.72 per month. 3. All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Shawn McCully Owner, Valley Defenders, PLLC _____________________________ _____________________________ AGENDA ITEM #5. b) PAGE 2 OF 2 Date Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 06/17/2021 AGENDA ITEM #5. b) CAG-19-024 AGREEMENT FOR PRIMARY PUBLIC DEFENSE SERVICES THIS AGREEMENT, dated March 1, 2019, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Valley Defenders, PLLC ("Public Defender"), a Washington professional limited liability corporation. The City and the Public Defender are referred to collectively in this Agreement as the "Parties."Once fully executed by the Parties,this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Public Defender agrees to act as the City's primary public defense law firm and to provide indigent defense services to all indigent criminal defendants and those individuals under the supervision of the Renton Municipal Court whom the City is legally required to provide indigent legal defense services. This Scope of Work, and exceptions to Public Defender's duty to provide indigent defense services, is further specified in Attachment A, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions,deletions or modifications.Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the compensation provided by this Agreement or as otherwise mutually agreed by the Parties. 3. Term: A. Commencement. Public Defender shall commence full performance of the Agreement starting on April 1, 2019. As of that date, Public Defender shall represent all indigent defendants seeking counsel who have not been previously assigned to another attorney, except as otherwise provided in the Work. Formal case appointments will be made by the Renton Municipal Court. Prior to formal appointment, Public Defender will provide limited representation as specified in the Work. B. Previously Assigned Defendants. i. It is anticipated that the prior public defender will continue to represent clients appointed prior to April 1, 2019, through the earlier of the conclusion of such cases, or June 30, 2019. AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC ii. For cases assigned to the previous public defender that remain active on July 1, 2019,the previous public defender may seek leave from the court for Public Defender to substitute, and Public Defender will accept such substitution except as provided for in the Work (e.g. Public Defender is not required to accept the substitution if doing so would violate the rules of professional conduct). C. End of Term. Unless terminated pursuant to Section 5, the term of this Agreement shall run for five (5) years through March 2024. The Agreement may be extended by written mutual agreement of the parties. After expiration of the term, as may be extended, the City will stop appointing new clients under this Agreement. Public Defender will continue to represent all clients appointed prior to expiration of the term through the earlier of(i)completion of the appointed cases, (ii)three (3) months after the City appoints a new primary public defender, or (iii) the court grants withdrawal due to a conflict of interest or a failure to appear finding by the court at a scheduled court date during the three (3) month period after the contract expires, or iv)other rule of professional conduct that mandates withdrawal.All applicable terms of this Agreement shall continue to apply to all Work performed after expiration of the term, including but not limited to conformance with the Defense Standards while representing clients appointed during the Term. Public Defender agrees to negotiate in good faith a short term extension to the end of the term if the City is delayed in reaching an agreement with a successor public defender. 4. Compensation: A. Base Compensation.The City shall pay Public Defender Base Compensation according to following schedule of monthly payments for its performance of the Work: Year 1: Months 1-12: 63,750.00 per month. Year 2: Months 13-24: 65,662.50 per month. Year 3: Months 25-36: 67,632.38 per month. Year 4: Months 27-48: 69,661.34 per month. Year 5: Months 49-60: 71,751.19 per month. Except as provided otherwise herein, the cost of all infrastructure, salaries, administrative support and systems, legal research and criminal database subscriptions, as well as standard overhead services necessary to perform the Work are included in this base compensation. The increases for each year represent an annual increase in Base Compensation of 3%. The Base Compensation set forth in this subsection is intended to fully compensate and prepay Public Defender for the completion of all new cases assigned within the 0 Page 2 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC month the compensation is earned. Because Base Compensation is a prepayment for completion of cases, it shall not continue to be paid after the term of this contract expires even though Public Defender will continue to represent clients appointed prior to the term's expiration. B. Adjustment to Base Compensation Due to Case Load. The Base Compensation presumes Public Defender will be assigned up to 1,700 cases annually, in addition to its provision of required limited representation services. For purposes of this subsection, the projected number of cases excludes cases for which Public Defender withdrawals prior to performing substantial services due to a conflict or other ground for withdrawal. While not limited to the following, the parties agree that substantial services are performed if Public Defender has prepared in advance and appeared for the client at a hearing other than the initial arraignment, an investigation of the case by Public Defender has begun, a motion has been made on behalf of the client, or if a witness has been interviewed. Public Defender agrees to do a conflict check upon intake and receipt of notice a client has been appointed and withdraw at a reasonable time as required by the Rules of Professional Conduct before substantial services are performed for the client. The City and the Public Defender agree to negotiate prospective adjustments to the Base Compensation if there is(or is reasonably anticipated to be)either(i)a significant increase in the cases assigned, such that Public Defender would be required to hire additional attorney staff to remain in compliance with the Defense Standards required by the Work, or (ii) a significant decrease in the number of cases assigned, such that Public Defender could reduce attorney staff and remain in compliance with the Standards. At the request of either party, the Parties will periodically review case assignment trends and any other matters needed to determine Agreement compliance or necessary Agreement modifications. Public Defender shall promptly notify the City when quarterly caseloads can reasonably be anticipated to require use of secondary or conflict counsel to assure that cases assigned to Public Defender remain within the limits adopted in this Agreement and comply with state and local standards. Upon receipt of such notification,the City will review the information provided and determine whether use of secondary counsel is necessary. Public Defender will provide any supplemental information reasonably requested by the City to make its determination. C. Payments in Addition to Base Compensation. The City shall pay for the following case expenses when reasonably incurred and approved by the Renton Municipal Court from funds available for that purpose: 0 Page 3 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC i. Discovery. Discovery shall be provided in accordance with law and court rule by the City Prosecutor. When practical, discovery will be provided in an electronic format. Public Defender shall establish reasonable technological capability to receive discovery electronically. ii. Preauthorized Non-Routine Expenses. Non-routine case expenses requested by the Public Defender and preauthorized by order of the Renton Municipal Court. Unless the services are performed by Public Defender's staff or subcontractors, non-routine expenses include, but are not limited to: a. Investigation expenses; b. Medical and psychiatric evaluations; c. Expert witness fees and expenses; d. Interpreters; e. Polygraph, forensic and other scientific tests; f. Unusually extensive computerized legal research; g. Any other non-routine expenses the Court finds necessary and proper for the investigation, preparation, and presentation of a case. In the event any expense is found by the Court to be outside of its authority to approve, the Public Defender may apply to the City's contract manager or his/her designee for approval, such approval not to be unreasonably withheld. iii. Lay Witness Fees. Statutorily required lay witness fees and mileage incurred in bringing defense witnesses to court, but not including salary or expenses of law enforcement officers required to accompany incarcerated witnesses; iv. Copying Clients' Files. The cost, if it exceeds $25, of providing one copy of a client's or former client's case file upon client's or client's appellate, post- conviction relief or habeas corpus attorney's request, or at the request of counsel appointed to represent the client when the client has been granted a new trial; v. Records. To the extent such materials are not provided through discovery, medical, school, birth, Department of Licensing, and other similar records, and 911 and emergency communication recordings and logs, when the cost of an individual item does not exceed $75; and vi. Process Service. The normal, reasonable cost for the service of a subpoena, subject to the requirements of CrRU 4.8(a). vii. Other Costs. Costs not identified within this Subsection 4.0 will be reimbursed by the City only upon preapproval by the City's contract manager. Public 0 Page 4 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC Defender shall apply for such preapproval in writing before incurring the costs sought to be reimbursed. D. Method of Payment. On a monthly basis, the Public Defender shall submit an invoice in a form specified by the City, including a list of cases assigned during the period for which compensation is sought,the name of the attorney(s)assigned to each case, and itemization of any reimbursable costs incurred. The Public Defender shall make good faith efforts to submit the invoice by the 5th of the month for the previous month's cases. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Public Defender's performance does not meet the requirements of this Agreement, the Public Defender will correct or modify its performance to comply with the Agreement.The City may withhold payment for work that does not meet the requirements of this Agreement. E. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Public Defender for failure of the Public Defender to perform the Work or for any breach of this Agreement by the Public Defender. F. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. Optional Shortening of Term. Either party may elect to shorten the term of this agreement,for any reason, by giving no less than a one (1)year advance notice of the date upon which the party wishes to end the term. In the event the term is shorted pursuant to this subsection, all other provisions of this agreement shall remain in place, including Public Defender's duty to continue performing the Work on cases assigned within the term for three (3) months after the end of the term. B. For Cause Termination. This Agreement may be terminated for good cause for violation of any material term of this Agreement. "Material term" shall include any violation indicating a willful failure to provide representation in accordance with the rules of court, the ethical obligations established by the Washington State Bar Association, the willful disregard of the rights and best interests of the client, a willful violation of the Defense Standards, the provisions of Section 12 relating to insurance, Page 5 of 14 AGENDA ITEM #5. b) 1 Agreement for Primary Public Defense Services with Valley Defenders,PLLC conviction of a criminal charge, and/or a finding that the license of an attorney providing service under this Agreement, has been suspended or revoked. Any violation of the other provisions of this Agreement shall be subject to cure. Written notice of Agreement violation shall be provided to the Public Defender who shall have thirty(30) business days to cure the violation. Failure to correct the violation will give rise to termination for cause at the City's discretion. In lieu of terminating this Agreement, the City may agree in writing to alternative corrective measures. 6. Record Maintenance: The Public Defender acknowledges that it is responsible for maintenance of records created in the performance of this agreement in compliance with applicable ethical obligations to clients and pursuant to applicable state public records retention schedules. The Public Defender agrees to provide access to and copies of any non-confidential records related to its compliance with the Defense Standards and/or with any records the City is required to provide in response to a Washington State Public Records Act (Chapter 42.56 RCW). To the extent Public Defender asserts attorney client privilege or other applicable exemption in response to a public records request, Public Defender agrees to redact such privileged information and prepare a privilege log as required by the Public Records Act. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Public Defender shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Public Defender believes said records need to be protected from disclosure, it may, at Public Defender's own expense,seek judicial protection. Public Defender shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Public Defender has responsive records and for which Public Defender has withheld records or information contained therein,or not provided them to the City in a timely manner. Public Defender shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Independent Contractor Relationship: A. The Public Defender is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Public Defender and the City during the period of the Work shall be that of an independent contractor, not employee. The Public Defender, not the City, shall have the power to 0 Page 6 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Public Defender shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Public Defender shall retain the right to designate the means of performing the Work covered by this agreement, and the Public Defender shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Public Defender is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Public Defender or any employee of the Public Defender. C. If the Public Defender is a sole proprietorship or if this Agreement is with an individual, the Public Defender agrees to notify the City and complete any required form if the Public Defender retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Public Defender's failure to do so. 9. Hold Harmless: The Public Defender agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts,errors or omissions of the Public Defender in its performance of this Agreement or a breach of this Agreement by Public Defender, except for that portion of the claims caused by the City's sole negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Public Defender's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Public Defender shall not give a gift of 0 Page 7 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC any kind to City employees or officials. Public Defender also confirms that Public Defender does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Public Defender, negotiating or administering this Agreement, or evaluating the Public Defender's performance of the Work. 11. City of Renton Business License: The Public Defender shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 12. Insurance: Public Defender shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned,leased,hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Public Defender's vehicles on the City's Premises by or on behalf of the City,beyond normal commutes. For purposes of meeting these limits, Public Defender may retain an umbrella policy above the coverage afforded by the automobile liability insurance to meet the $1,000,000 limit. E. Public Defender shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Public Defender liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit 0 Page 8 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC the liability of Public Defender to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Public Defender shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 13. Delays: Public Defender is not responsible for delays caused by factors beyond the Public Defender's reasonable control. When such delays beyond the Public Defender's reasonable control occur, the City agrees the Public Defender is not responsible for damages, nor shall the Public Defender be deemed to be in default of the Agreement. 14. Successors and Assigns: Neither the City nor the Public Defender shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 15. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service.Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON PUBLIC DEFENDER Chief Administrative Officer Valley Defenders, PLLC 1055 South Grady Way 1275 12th Ave NW, Suite 5 Renton, WA 98057 Issaquah, WA 98027 RHarrison@Rentonwa.gov Shawn@ValleyDefenders.com Phone: (425) 430-6524 Phone: (425) 657-0794 Fax: (425) 430-6523 Fax: (425) 677-7043 16. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Public Defender agrees as follows: A. Public Defender, and Public Defender's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement,shall not discriminate on the basis of race,color, sex, religion, nationality, 0 Page 9 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC creed, marital status, sexual orientation or preference,age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Public Defender will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Public Defender fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Public Defender is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 17. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Public Defender. B. Public Defender will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Public Defender shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Public Defender to provide Work he/she will acquire or maintain such at his/her own expense and, if Public Defender employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. 0 Page 10 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC E. This is a non-exclusive agreement and Public Defender is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Public Defender is responsible for his/her own insurance, including, but not limited to health insurance. G. Public Defender is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Public Defender. H. Except as specifically provided herein, the Public Defender shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. 18. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Public Defender represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Public Defender. B. General Administration and Management. The City's project manager is its Chief Administrative Officer. In providing Work, Public Defender shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Public Defender proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Public Defender prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Public Defender and all of the Public Defender's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. 0 Page 11 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC F. Joint Drafting Effort.This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Public Defender hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Public Defender is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Public Defender's performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Public Defender from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this 0 Page 12 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 0 Page 13 of 14 AGENDA ITEM #5. b) Agreement for Primary Public Defense Services with Valley Defenders,PLLC IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON PUBLIC DEF NDER By: ReA/t4d By Denis Law Shawn McCully Mayor Owner, Valley Defenders, PLLC Date Date Attest Ja n A. Set y Clerk Approved as to Legal Form Shane Moloney Renton City Attorney o1i111F111j!`: ! s R\`„ u Nrrlri l i stis SEAL - * = 150 R4TED se ss...••N‘ Iflllll t111t11 0- 0 Page 14 of 14 AGENDA ITEM #5. b) ATTACHMENT A Primary Public Defense Services Scope of Work Section 1. Duty of Representation 1.1 General Scope of Representation. Public Defender shall act as the City's primary public defense law firm,except as specified herein or precluded by applicable law or professional ethical standards, and provide indigent defense services to all indigent criminal defendants charged by the City of Renton with misdemeanors and/or gross misdemeanors and those individuals under the supervision of the Renton Municipal Court whom the City is legally required to provide indigent legal defense services. 1.2 Representation of Defendants at Critical Stages. The Public Defender is required to provide defense services at all critical stages of criminal proceedings, as such stages are interpreted through applicable case law. This includes, but is not limited to, representation of formally appointed clients from time of appointment through any appeal stages and post-conviction review hearings. Accordingly, in addition to representing clients who are formally assigned by the Renton Municipal Court, the Public Defender will provide limited, but effective, representation to those who self-identify as unable to retain a private attorney and request assistance of counsel during critical stages of criminal proceedings prior to indigency screening by the Renton Municipal Court. This limited representation may include, but is not limited to, advising defendants or suspects who have been arrested or are under police investigation/interrogation, defendants in custody awaiting arraignment, and defendants who are out of custody participating in an arraignment hearing. Public Defender shall provide the Renton Police Department a working phone number at which an attorney may be reached at all hours as necessary to comply with the limited representation requirement. Public Defender's representation of individuals prior to formal appointment shall not extend beyond indigency screening unless the Renton Municipal Court formally appoints Public Defender to continue representation. Public Defender shall advise all individuals, to whom it provides limited representation, the nature of the limited representation consistent with applicable rules of professional conduct. 1.3 Exceptions from Duty of Representation. Public Defender shall not be required to represent indigent clients under the following circumstances: 1.3.1 Representation of that client would create a conflict of interest or other violation of the rules of professional conduct, provided that withdrawal from representation or denial or an appointment is approved by the court consistent with applicable rules of professional conduct; or Primary Public Defense Services Attachment A—Scope of Work Page 1 of 6 AGENDA ITEM #5. b) 1.3.2 Public Defender and the City agree that the number of cases and/or amount of Work assigned to Public Defender under this Agreement materially exceeds the level of work or case load contemplated by the Parties and the City agrees that, rather than adjusting Contractor's compensation, the client may be assigned to a secondary/conflict public defender. If Public Defender wishes to invoke this subsection, it shall provide a request to the City as soon as practically possible and provide all documentation requested by the City to support Public Defender's request. Section 2. General Duties and Standards of Representation 2.1 Defense Standards. The Public Defender's primary and most fundamental responsibility is to promote and protect the interest of the client. The Public Defender shall provide effective representation to all clients in a professional, skilled manner and at all times comply with the Washington State Supreme Court Standards for Indigent Defense currently in place or as hereafter amended, the applicable Rules of Professional Conduct, applicable court rules, the most current Washington State Bar Association Standards for Indigent Defense Services approved by the Board of Governors, applicable standards adopted by the City in this contract or by policy, resolution, or ordinance, and all case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases, in particular the decision in Wilber v. Mt. Vernon, 989 F. Supp. 1122 (W.D. 2013) (collectively, "Defense Standards"). 2.2 Attorney Case Loads. Each attorney providing services under this Agreement shall maintain a case load which fully complies with the Defense Standards. This includes, but is not limited to, offsetting the maximum number of cases each attorney may be assigned by the amount of time such attorney spends representing private clients, providing limited representation services (including those services required to be provided by Section 1.2 above), or to account for the attorney's part time status. Unless separately authorized by the City, or required by the Defense Standards, a non-weighted caseload count shall be used. For purposes of this Agreement, "case" is defined to have the same meaning as defined in Standard 3.3 of CrRU 3.1 (Standards for Indigent Defense). Upon Public Defender's assignment of a defendant by the Renton Municipal Court, Public Defender shall assign an attorney to represent the defendant in the case. The assigned attorney shall sign, file, and serve a notice of appearance with the court and City prosecutor's office.The assigned attorney shall be responsible for establishing a relationship with the defendant consistent with the Defense Standards. If it becomes necessary for another attorney to substitute for the assigned attorney at any stage in the proceeding, Public Defender shall determine consistent with the Defense Standards whether each attorney should count the case as a Primary Public Defense Services Attachment A—Scope of Work Page 2 of 6 AGENDA ITEM #5. b) full case for purposes of calculating case load limits. Unless Public Defender withdraws prior to performing substantial services for the defendant, at least one of the attorneys providing services in the case shall count the case as a full case. If Public Defender determines the other attorney(s) do not need to count the case as a full case, such attorneys shall offset the maximum number of cases he/she may accept by the amount of time spent on the case. 2.3 Public Defender's Specific Duties. Without limiting Public Defender's duty to comply with all provisions of the Defense Standards, the Parties specifically recognize Public Defender's obligation to perform the following specific duties consistent with the Defense Standards: 2.3.1 Pay its Attorneys consistent with Standard One of the WSBA's Standards for Indigent Defense Services; 2.3.2 Budget for, provide, and pay for adequate administrative services and facilities using the base compensation provided for in this Agreement, including, but not limited to, having an office within a reasonable distance of the City that accommodates confidential meetings with clients and receipt of mail, and adequate telephone and email services to ensure prompt responses to clients; 2.3.3 Provide an adequate number of support services staff and contracted service providers to provide effective representation consistent with the Defense Standards; 2.3.4 Provide or require regular training to all attorneys providing public defense services under this Agreement consistent with Standard Nine of the WSBA's Standards for Indigent Defense Services; 2.3.5 Provide supervision, monitoring, and evaluation of attorneys performing services under this Agreement consistent with Standards Ten and Eleven of the WSBA's Standards for Indigent Defense Services; 2.3.6 Remain directly involved in the provision of representation services and provide the City with names and experience levels of all new attorneys providing services consistent with Standard Twelve of the WSBA's Standards for Indigent Defense Services; 2.3.7 Establish limits on the amount of private work Public Defender's attorneys can accept consistent with Standard Thirteen of the WSBA's Standards for Indigent Defense Services; and Primary Public Defense Services Attachment A—Scope of Work Page 3 of 6 AGENDA ITEM #5. b) 2.3.8 Ensure all attorneys and legal interns providing services under this Agreement meet the applicable qualifications set forth in Standard Fourteen of the WSBA's Standards for Indigent Defense Services; 2.3.9 Provide the Renton Police Department and applicable jail staff with telephone number(s) of attorney(s) who can be reached 24 hours 7 days a week for critical stage advice and be available to provide such advice as the needs for advise arise, including non-business hours; 2.3.10 Actively communicate with clients, promptly review all discovery provided by the City, research applicable legal issues, attempt to negotiate resolutions with City prosecutors, and otherwise prepare for all hearings in advance so as to avoid unnecessary continuances; 2.3.11 Meet with incarcerated clients awaiting trial and prioritize preparation for such cases; 2.3.12 Attend, in person or through approved teleconference, all scheduled hearings for all assigned cases, all arraignment calendars, and all jail calendars unless excused by the court. Attorneys should arrive far enough in advance to be sufficiently prepared and to meet with clients in advance of their hearings; 2.3.13 Attend meetings or roundtables with City representatives, including municipal court and/or prosecution representatives, at their request to discuss potential courtroom and other process improvements relating to Public Defender's services or the operation of the Municipal Court in general; 2.3.14 Cooperate with reasonable requests for meetings, information, and records made by the City for information relating to its duty to monitor Public Defender's performance of this Agreement; 2.3.15 Develop a method to receive and respond promptly to client complaints, consistent with Standards Fifteen of the WSBA's Standards for Indigent Defense Services; and 2.3.16 Maintain a system to screen for and avoid representation of clients that would cause a conflict of interest in violation of applicable rules of professional conduct. Section 3. City Assistance 3.1 City Assistance in Public Defender's Performance of its Duties. The City shall perform the following duties to accommodate Public Defender's performance of its duties: Primary Public Defense Services Attachment A—Scope of Work Page 4 of 6 AGENDA ITEM #5. b) 3.1.1 The City, through its prosecutors, shall provide timely production of all discoverable material to Public Defender,which will be provided primarily through electronic transmission where technically feasible. 3.1.2 The City will provide meeting space within the Renton City Hall in which Public Defender may schedule to meet with clients that are unable to meet at its own offices and/or on the days of the client's scheduled hearings. This provisional, meeting space will be provided by prearranged agreement/scheduling and is not intended to replace the requirement that Public Defender have its own office and working space. 3.1.3 The Public Defender will establish regular office hours during which clients may contact Public Defender and speak with an attorney with or without making an appointment. Public Defender shall assign an attorney or combination of attorneys regular office with the Renton City Hall at least four (4) hours per week before and/or after regular court calendars. 3.1.4 The City will provide Public Defender City contact information for it to refer clients who are not satisfied by Public Defender's response to a previous complaint, consistent with Standard Fifteen of the WSBA's Standards for Indigent Defense Services; and 3.1.5 City representatives, including prosecutors, court staff, and/or administration representatives, will attend meetings or roundtables with Public Defender representatives, at their request, to discuss potential courtroom and other process improvements relating to Public Defender's services or the operation of the Municipal Court in general. Section 4. Reporting, Monitoring and Record Keeping 4.1 Public Defender Reporting. Public Defender shall comply with the following reporting obligations: 4.1.1 On a quarterly basis, each attorney providing services for Public Defender under this Agreement shall certify compliance with the Defense Standards on forms approved by the court or court rule. The certification shall include an approximation of the percent of full time work the attorney spends representing indigent defendants. A copy of every such filing shall be provided to the City's contract manager contemporaneously with the court filing. Primary Public Defense Services Attachment A—Scope of Work Page 5 of 6 AGENDA ITEM #5. b) 4.1.2 On a quarterly basis, Public Defender shall report to the City the total number of new cases assigned to Public Defender in the previous rolling year, broken down by quarter. 4.1.3 On a quarterly basis, Public Defender shall report to the City the total number of cases assigned to each attorney under this Agreement in the previous rolling year, broken out by quarter and the attorney's name. 4.1.4 On a quarterly basis, Public Defender shall report to the City the number of non- City public defense cases assigned to each attorney outside of this Agreement and the number of hours spent by each such attorney on non-public defense legal work and limited representational public defense work on cases to which he/she was not appointed. The reporting shall include cases and hours for each attorney over the previous rolling year, broken out by quarter and the attorney's name.The documentation of cases and hours required by this subsection shall include all legal services provided by the attorneys during the covered time period—including services performed outside of the employment of Public Defender. 4.1.5 On an annual basis, Public Defender shall provide the City with detailed reports documenting each of Public Defender's attorney's compliance with training requirements, hours spent on each assigned case,date of initial contact with client for each assigned case, and listing of all complaints received by clients, including the nature of the complaint and resolution thereto. 4.2 City Monitoring. Pursuant to the Defense Standards, the City is required to monitor Public Defender's Performance of its Duties. Such monitoring shall not interfere with Public Defender's status as an independent contractor. Nor will the City seek any attorney client privileged communications. In instances in which the City suspects either the Defense Standards or requirements of this Agreement are not being followed, the City may reasonably request additional records or reports in addition to the records specifically required by this Section. The City may also request meetings to discuss any concerns it has based upon concerns raised by defendants, victims, third parties, observations from the court or prosecutors, or information provided (or not provided) in the Public Defender's required reporting. The City may also hire an independent consultant to review Public Defender's performance with this contract. Public Defender agrees to reasonably cooperate with all such monitoring efforts. 4.3 Public Defender Record Keeping. Public Defender shall maintain documentation of its performance of this Agreement sufficient to demonstrate its full performance with the Defense Standards. Such information shall be recorded in a fashion in which it may be reasonably requested and provided to the City in its monitoring role. Primary Public Defense Services Attachment A—Scope of Work Page 6 of 6 AGENDA ITEM #5. b) AB - 3535 City Council Regular Meeting - 01 Apr 2024 SUBJECT/TITLE: City of Renton Community Center Audiovisual System Upgrade RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive Services Department STAFF CONTACT: Harpreet Singh, Client Technology Services & Support Supervisor EXT.: 6871 FISCAL IMPACT SUMMARY: Funding for this agreement with Avidex Industries, LLC., in the amount of $141,991.87, is available from the approved 2024 Facility A/V Upgrades budget (503.540024.003.594.18.64.000). There is sufficient funding in the budget to cover the agreement. This is an approved CIP project authorized by the 2023-2025 adopted budget. SUMMARY OF ACTION: The agreement between the City of Renton and Avidex Industries LLC, outlines a project to upgrade the audiovisual (AV) systems at the Renton Community Center. This comprehensive upgrade involves the provision of material and labor necessary to enhance various facilities within the center, including a banquet room, a dance studio, classrooms, and gym areas. Key aspects of the agreement include the scope of work detailed in Exhibit A, changes to which can be made via mutual agreement, a performance timeline with work commencing within 30 days of the agreement's effective date, and a project completion deadline set for December 31, 2024. The city has entered into the State Master Contracts Usage Agreement (MCUA) #21725 authorizing the use of State Contracts; and, through competitive bid process Washington State Department of Enterprise Services (DES) awarded Contract #03418 that provides for Audio Visual hardware, accessories or required peripherals and services including removal and installation services. Avidex is a listed and participating Contractor for Contract #03418. Our prior experience with Avidex, specifically the audiovisual upgrade of the Council Chambers, was highly successful. EXHIBITS: A. Agreement B. Exhibit A STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the agreement with Avidex Industries, LLC. in the amount of $141,991.87 for the City of Renton Community Center Audiovisual System Upgrade. AGENDA ITEM #5. c) CONTRACT AGREEMENT Using State Master Contract #03418 THIS AGREEMENT ("Agreement") is made as of the 14th day of March, 2024, (the "Effective Date") by and between the City of Renton, a Washington State municipal corporation ("City"), through its Executive Services Department and Avidex Industries LLC, ("Contractor") a Washington Liability Company, who are collectively referred to as the "Parties", to provide Renton Community Center Audiovisual System Upgrade. City and Contractor agree as set forth below: WHEREAS, the City has entered into the State Master Contracts Usage Agreement (MCUA) #21725 authorizing the use of State Contracts; and, WHEREAS, through competitive bid process Washington State Department of Enterprise Services (DES) awarded Contract #03418 that provides for Audio Visual hardware, accessories or required peripherals and services including removal and installation services; and, WHEREAS, Contractor is a listed and participating Contractor for Contract #03418. The City and Contractor agree as set forth below: 1. Scope of Work : Contractor will provide all material and labor necessary to perform all work described in the Scope of Work which is attached and fully incorporated into this Agreement by reference as Attachment “A.” 2. Changes in Scope of Work: City, without invalidating this Agreement, may order changes to the Scope of Work consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3. Time of Performance: Contractor shall commence performance of the Agreement no later than 30 calendar days after the Agreement’s Effective Date. 4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Work, on December 31, 2024. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of City and Contractor. 5. Agreement Sum: The total amount of this Agreement is the sum of $141,991.87 which includes Washington State Sales Tax, plus any additional sales tax due to possible rate increase. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work. AGENDA ITEM #5. c) PAGE 2 OF 10 6. Consideration: In exchange for Contractor’s performance of the items and responsibilities identified in the Scope of Work, City agrees to make payment of the amount identified as the Agreement Sum. 7. Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. A.Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the “Effective Date” identified at the top of the first page of this Agreement. Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 15 Notices of this agreement. B.For Agreements under $150,000 Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide either a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi- weekly). The remaining 5% will be retained for the purpose of completion of the AGENDA ITEM #5. c) PAGE 3 OF 10 project and fulfillment of claims and liens. (Unless the Contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one – if contractor does not pick one then the first option (5% retainage with contract bond) applies: _______ To provide a payment and performance bond (contract bond) in the amount of 100% of the estimate including taxes with a 5% retainage. or _______ To waive a payment and performance bond (contract bond) and instead the city will retain the remaining 10% will be retained for the purpose of completion of the project and fulfillment of claims and liens. C. City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. D. Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. E. Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor. If the City’s expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 8. Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to AGENDA ITEM #5. c) PAGE 4 OF 10 persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and City, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance: Contractor shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to City that are excluded in the commercial general liability insurance. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. It is agreed that on Contractor’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. City’s insurance policies shall not be a source for payment of any Contractor liability. E. Subject to City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to City before executing the work of this Agreement. F. Contractor shall provide City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. AGENDA ITEM #5. c) PAGE 5 OF 10 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: A. Contractor, and Contractor’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If Contractor fails to comply with any of this Agreement’s non-discrimination provisions, City shall have the right, at its option, to cancel the Agreement in whole or in part. D. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11. Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s Work under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to City shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of AGENDA ITEM #5. c) PAGE 6 OF 10 Contractor’s employees, while engaged in Work provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 14. Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 15. Other Provisions: A.Administration and Notices. Each individual executing this Agreement on behalf of City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of City or Contractor. AGENDA ITEM #5. c) PAGE 7 OF 10 Notice: Except for Service of Process in a legal proceeding, any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. Email notice will be deemed received the date of the email so long as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed received the next business day – a copy of email notice must be mailed as set forth above. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. CITY OF RENTON Jason Seth 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6502 E-mail Address: jseth@rentowa.gov Fax: (425) 430-6516 CONTRACTOR Avidex Attn: Contract Administrator 8509 154th Avenue NE Redmond, WA 98052 Phone: (425) 274-7916 E-mail Address: dcrace@avidex.com Fax: (425) 643-0330 And to: City Clerk cityclerk@rentonwa.gov B.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C.Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. D.Compliance with Laws. Contractor and all of the Contractor’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. E.Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. AGENDA ITEM #5. c) PAGE 8 OF 10 F.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. G.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Contractor hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Contractor is a foreign corporation not registered with the State of Washington. I.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. J.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either City or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #5. c) PAGE 9 OF 10 / / / / signatures on following page IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON _____________________________ Avidex ____________________________ Armondo Pavone, Mayor 1055 South Grady Way Renton, WA 98057 _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk ____________________________ Date Approved as to Legal Form _______________________________ Shane Moloney Renton City Attorney Small works Contract 3-16-23 Clb Non-standard 3/11/24 2943 AGENDA ITEM #5. c) PAGE 10 OF 10 AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 1 March 14, 2024 WA Limited Energy License AVIDEIL963CZ 230227 Confidential (FORM 16.5 Rev 221118--001) City of Renton Community Center (AV Audiovisual System Upgrade Exhibit A City of Renton Community Center (AV) Audiovisual System Upgrade ______________________________________________ AUDIOVISUAL SOLUTION PROPOSAL Washington State Department of Enterprise Services Master Contract No. 03418 Audio-Visual Solutions 230227 Version 4 Submitted by Dave Crace 425-274-7916 dave.crace@avidex.com ________________________________________________ 8509 154th Ave NE, Ste 100, Redmond, WA 98052 | 800.999.8590 AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 2 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade Table of Contents INTRODUCTION ........................................................................................................................ 3 OVERVIEW ................................................................................................................................ 3 SCOPE ....................................................................................................................................... 3 SCHEDULE ................................................................................................................................ 9 PRICING ................................................................................................................................... 10 COST BREAKDOWN ............................................................................................................... 11 DES WASHINGTON STATE CONTRACT # 03418 ...............................................................12 TECHNICAL SERVICES ........................................................................................................... 12 PROJECT MANAGEMENT ...................................................................................................12 ENGINEERING .....................................................................................................................13 CONTROL SYSTEM PROGRAMMING .................................................................................13 INTEGRATION LABOR .........................................................................................................13 TRAINING & DOCUMENTATION ..........................................................................................14 PROVISIONS ........................................................................................................................... 14 WORK & PRODUCTS PROVIDED BY OTHERS (EXCLUSIONS) ........................................16 NEW SYSTEM WARRANTY..................................................................................................... 17 360o SERVICETM MANAGED SERVICES & SUPPORT ............................................................ 18 PAYMENT TERMS ................................................................................................................... 19 AUTHORIZATION TO PROCEED – INTEGRATION SERVICES ..........................................19 TERMS & CONDITIONS .......................................................................................................20 APPENDIX A: 360o SERVICETM PLAN ..................................................................................... 21 APPENDIX B: EQUIPMENT LIST ............................................................................................. 23 © Avidex Industries, LLC. This proposal is the property of Avidex. Avidex and the Avidex logo are the property of Avidex Indu stries, LLC. This document contains proprietary data and concepts that are the property of Avidex Industries, LLC. Information, details, and/or specific data may not be reproduced or duplicated. AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 3 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade For the purposes of this proposal, Avidex Industries, LLC will be referred to as “Avidex” and the City of Renton shall be referred to as “Client”. INTRODUCTION Our work will be completed at the City of Renton Community Center located at 1715 Maple Valley Hwy, Renton, WA 98057 t in the following /spaces: • Banquet Room – 3-Way Divisible • Dance Studio • Classroom A • Classroom B • Classroom C • Gym A/B OVERVIEW Based on the 8/21/2023 site walk, the following solutions are being provided to support audio visual requirements in each space. SCOPE Banquet Hall – 3-Way Divisible Room Display The proposed solution will retain usage of the client’s current projector and wall mounted electric screen in the near end room. The middle and far end rooms will have 86” wall mounted displays located on the wall above the coat closets. Video The system currently has a single HDMI wall plate in the nearest room to feed the projector. The proposed AV solution is based on an audio -visual over internet protocol (AVoIP) method of transporting audio/video/control on standard CAT6a network cabling. This allows the current wall plate to be replaced with an AV network jack that allows AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 4 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade connection to an AVoIP encoder. The encoder can be located within the room as events require and simply connected to the new AV plate via a standard CAT6a cable. This is the only wall plate provided in the proposed scope of work (SOW), but if required additional wall plates can be added in the future through the change order process. In addition to the wired HDMI connection, the system will employ a wireless presentation system (WPS) to allow users to connect their laptops, tablets, etc. to the projector / displays using Miracast, Airplay and Chromecast. As currently requested, the system will allow the users to display content from a single source to the projector and either/both of the wall mounted displays. As in the AV wall plate, the ability to allow separate content on each display, for when the air-walls are closed and supporting separate events, is possible under a future SOW and will require additional hardware and labor to implement. Audio The system currently has a number of wall and ceiling mounted speakers that will be decommissioned and turned over to the client. In the nearest room, a pair (2) of passive line array systems comprised of a full range and LFE extension will be installed on either side of the projection screen. These provide the necessary pattern control and “throw” to provide intelligible audio withi n the room when the air-walls are open for events in all three rooms. While suitable for background music, these systems are not intended for live music events. The system will employ a new audio digital signal processor (DSP) to allow equalization of the audio system based on the room’s acoustics. In order to provide the required amplification for the new speakers, the system will also include a new audio amplifier. Currently the system has three (3) wireless microphone receivers located in a closet off the far end room entry way. These systems are based on UHF frequencies and are likely in a spectrum that is no longer allowed. The proposed solution includes the replacement of these systems with a DECT based wireless mic system that operates in an FCC allocated spectrum specifically for personal devices. The system is frequency agile, meaning that like Wi-Fi the system will detect, and “hop” frequency channels based on system requirements. This eliminates the need for the client to manually scan / set frequencies based on interference. The system will include two (2) hand -held and one (1) belt pack/lavalier transmitter and be installed in the closet where the current wireless mics reside. Control The proposed system has increased functionality that supports the addition of a small wall mounted touch controller that will reside in the Banquet room AV closet. Control functions include: AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 5 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade • Projector on/off • Display on/off • Room combine • Source selection • Audio volume o Program audio o Microphone audio Note: the current wall mounted projection screen is controlled via a 120V keyed wall switch. This does not allow the AV system to control the screen. A low-voltage controller can be added to the SOW through the change order process if desired by implementation of additional hardware, installation wiring, and programming. As in the displays, the re - location of 120V power is to be provided by the client. AV Rack The proposed system includes a small wall mounted rack to house the new wireless microphone receivers and support hardware for the new AVoIP distribution system. As this room works independent of the other rooms / systems in the facility, locating the new system components at this location in the closet that currently holds the wireless receivers has certain benefits that will be outlined prior to installation. Dance Studio Display The proposed solution includes the installation of an 86” display on the wall currently occupied by a white board that will be removed and patched as needed by the client. The display will include service style mounts to allow the installation of AV support hardware behind the display while allowing service access. Control of the display is via the manufacturer provided remote control. Video The video system is a simplified solution to what is proposed for the Banquet Hall while still providing both wired and wireless presentation capabilities. A wall mounted HDMI connection will be located below the display. AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 6 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade Audio – Bluetooth To support music in the room, a Bluetooth receiver that will be located next to the HDMI wall plate is provisioned for audio from “bring your own devices” (BYOD) such as phones, tablets, etc. Audio – Speakers To support music in the room, a series of six (6) pendent style ceiling speakers will be installed. These will also be utilized for program audio in support of the new display. Audio – Mixer / Amplifier / Control The system includes a simple mixer / amplifier to combine the audio from program sources and the Bluetooth receiver and amplify it through the ceiling mounted pendent speakers. Volume control is by means of a simple wall mounted volume control. Classroom A Display The proposed solution includes the installation of a 75” display. The display will include service style mounts to allow the installation of AV support hardware behind the display while allowing service access. Control of the display is via the manufacture r provided remote control. Video The video system is a simplified solution to what is proposed for the Banquet Hall while still providing both wired and wireless presentation capabilities. A wall mounted HDMI connection will be located below the display. Audio Program audio is supported by display speakers with volume control via the display provided remote control. AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 7 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade Classroom B Display The proposed solution includes the installation of an 86” display. The display will include service style mounts to allow the installation of AV support hardware behind the display while allowing service access. Control of the display is via the manufactur er provided remote control. Video The video system is a simplified solution to what is proposed for the Banquet Hall while still providing both wired and wireless presentation capabilities. A wall mounted HDMI connection will be located below the display. Audio Program audio is supported by display speakers with volume control via the display provided remote control. Unified Collaboration (UC) i.e., Teams / Zoom Support The system includes support for BYOD Teams / Zoom meetings hosted on a client provided laptop. The solution is an all-in-one conference camera with an ultra- wide lens for small rooms and utilizes an integrated beamforming microphone array and full range speaker system. This all-in-one UC bar connects to the UC host via a USBA/B cable connected to a wall plate co-located with the display HDMI connection. Classroom C Display The proposed solution includes the installation of a 75” display. The display will include service style mounts to allow the installation of AV support hardware behind the display while allowing service access. Control of the display is via the manufacture r provided remote control. AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 8 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade Video The video system is a simplified solution to what is proposed for the Banquet Hall while still providing both wired and wireless presentation capabilities. A wall mounted HDMI connection will be located below the display. Audio Program audio is supported by a pair (2) of wall mounted speakers driven by a small amplifier located behind the display. Volume control is via the source device. Gym A/B Audio The gym currently has a pair (2) of horn speakers in conjunction with a single (1) 2-way box speaker mounted in each section of the gym. These are unsuitable and will be decommissioned as a part of the upgrades. The replacement is a pair (2) of passive line array systems comprised of a full range and LFE extension that will be installed in the same locations, one (1) in each section of the gym. These are supported by the installation of a new two (2) channel audio amplifier in the lobby/office AV rack. The speakers can be driven individually or together depending on the need to separate or combine the A/B sections of the gym. The system will utilize the existing four (4) microphone wall jacks, two (2) per section of the gym, to allow connection of a new single (1) channel hand-held wireless microphone receiver that is the same as deployed in the Banquet Room. A new audio DSP is installed in the lobby/office AV rack to allow equalization of the audio system based on the room’s acoustics, with source selection, routing, and volume control by means of a simple wall controller located in the lobby. AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 9 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade SCHEDULE Avidex will work with the City to finalize a schedule that meets the implementation requirements of the project. The chart below identifies various phases in the overall process. Please note that each job is unique and will have its own installation schedule that will be agreed upon between Avidex and the client. This project is anticipated to take approximately 10 week(s) from receipt of a valid Purchase Order or an executed contract referring to this proposal document. This is not a guarantee of delivery or installation time. Actual delivery and installation schedules will be finalized after receipt of the purchase order/contract. AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 10 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade PRICING Community Center (AV) Audiovisual System Upgrade EQUIPMENT AND MATERIALS $58,341.15 MANUFACTURER EQUIPMENT AND SOFTWARE MAINTENANCE $248.00 TECHNICAL SERVICES - includes audiovisual engineering, offsite and on-site installation and wiring, coordination and supervision, testing, checkout, training, G&A and New System Warranty. This proposal includes non-union labor for all activities. $64,322.13 360° SERVICE PLAN - 1 Year Essential Plan $6,055.00 PROJECT SUBTOTAL $128,966.28 SHIPPING – Ground shipping per DES contract included. $0.00 SALES TAX ESTIMATE Applicable sales tax will be added to invoices based on current tax rates on the invoice date as required by state law $13,025.59 PROJECT TOTAL $141,991.87 AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 11 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade COST BREAKDOWN Room Equipment Tech Services Mfg Software Maintenance G&A AVW SA Tax Room Total Qty Extended Banquet Hall 24,228.63 24,765.00 248.00 511.00 1,778.00 2,900.00 5,497.49 59,928.12 1 59,928.12 Dance Studio 8,465.61 9,396.39 184.00 469.00 800.00 1,950.82 21,265.82 1 21,265.82 Classroom A 3,981.50 3,698.24 80.00 221.00 425.00 848.98 9,254.72 1 9,254.72 Classroom B 8,181.90 4,043.12 127.00 453.00 725.00 1,366.53 14,896.55 1 14,896.55 Classroom C 4,623.17 3,698.24 86.00 256.00 410.00 916.41 9,989.82 1 9,989.82 Gym 8,860.34 13,833.14 232.00 491.00 795.00 2,445.36 26,656.84 1 26,656.84 Extended Totals 58,341.15 59,434.13 248.00 1,220.00 3,668.00 6,055.00 13,025.59 141,991.87 6 141,991.87 AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 12 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade DES WASHINGTON STATE CONTRACT # 03418 1. Equipment Pricing Equipment pricing will be calculated on a 13.00% cost plus mark-up based on the manufacturer’s current published dealer unit cost. • Shipping and Handling (Ground Delivery) included. • Avidex will accept returned equipment within 30 days of delivery in original factory sealed packaging and may be subject to manufacturer re-stocking fees. 2. Hourly Rates Hourly not to exceed service rates to be used to support design engineering, CAD drafting, project management, control system programming, wiring, cabling, installation, and training. Electronic Technician – 200% of Prevailing Wage Hourly Rate (Installation) TECHNICAL SERVICES The integration process incorporates everything needed to provide a complete, “turnkey” audiovisual solution and includes equipment, materials, labor, and the services required to complete the system integration as outlined within this document. Avidex follows industry-certified and documented processes which have been proven successful in assuring that each system is installed as intended. The following describes our scope of work and project deliverables for Integration Services. PROJECT MANAGEMENT • Responsible for client communication throughout the project duration • Coordinate all activities with designated client representative • Monitor project implementation • Provide scheduling for and oversight of the Avidex team • Coordinate project equipment ordering, staging and pre-installation fabrication of equipment for the project • Coordinate any site conditions that may necessitate audiovisual system changes • Coordinate with any general contractor and/or any specialty contractors related to the audiovisual system integration AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 13 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade • Coordinate audiovisual system connections and interfaces as they relate to any lighting, electrical, or mechanical systems • Verify project completion o Confirm completion of system testing o Assure completion of any punch list items ENGINEERING • Prepare all system documentation necessary for the installation of the project. • Provide and implement control systems programming • Test and debug system • Oversee final systems testing and commissioning • Adjust and balance system settings • Mark and record final system settings • Assure the finished system meets the design criteria and functions per the developed content CONTROL SYSTEM PROGRAMMING • Create AV control system code • Design and create user interface (UI) • Test and debug control system INTEGRATION LABOR • Pull, terminate, and label all low voltage cables • Install structural mounting systems for all audio-visual equipment • Mount and terminate all AV connection plates • Install all AV equipment • Site clean-up and trash disposal, etc. • Assure that all installed systems are operating as proposed • Assist engineering with systems testing and debugging • Provide or assist in providing end-user training AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 14 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade TRAINING & DOCUMENTATION Training will be provided to operational and maintenance personnel at the end of the project. This training will provide the users with an understanding of daily system use. The provided training will consist of instruction and hands-on experience with the system Maintenance manuals for most electronic components are only available to factory certified and trained personnel. Maintenance manuals are not included in final documentation. PROVISIONS • Rooms are to be made available for exclusive use on the day(s) of the scheduled installation. Unless specifically arranged in advance, the room(s) will be available during Normal Business Hours in eight (8) contiguous hour segments. “Normal Business Hours” are defined as Monday through Friday, 8:00am to 5:00pm. • Client will provide all electrical outlets floor boxes, conduits, and core drills in the area(s) where audiovisual equipment is to be installed as specified by Avidex prior to Avidex beginning on-site work. • Jobsite building structures including ceilings, walls, and floors used to support audiovisual equipment are assumed to be vibration free. • Client will provide adequate parking for vehicle(s) in a location conducive to access to the vehicle(s) for retrieval of tools and supplies throughout the workday. If such parking is within a secured facility, Client will validate the parking tickets for the vehicle(s). Parking fees will be added to invoices. • If installation occurs in any room in which suspended ceiling tiles are installed, Client will provide a reasonable number of spare tiles of the same pattern and batch number as those of the tiles already installed in the room. • Client accepts responsibility for all merchandise sold and provided for this installation, delivered to the job site. Client will provide secure storage for such merchandise. Avidex will not be responsible for any loss or damage, except loss or damage caused by an Avidex employee during the act of installation, which occurs after delivery and acceptance by the client. • Existing hardware, wiring, programming, or configuration files are anticipated to be in good working order. Client shall provide programming and configuration files in editable formats. If, during the installation process, existing hardware, wiring, programming or configuration are found to be defective, the completion date of the project may be affected, and a change order may be required to overcome the obstacle(s) created by such defects. • Client shall identify the presence of any pre- or post-tensioned ceilings or floors within the area of installation. If Avidex is to be held responsible for the integrity of such pre- or post- tensioned ceilings or floors, they shall obtain, at Client’s expense, one or more x-rays of the area(s) in which mounting hardware is to be attached to the structure of the building. Any expense incurred for x-rays shall be passed on to the Client, in the form of a change order or a line item on the purchase contract. • Any standard merchandise that has been ordered for the job and is not used as a result of any customer changes to the design, or refused by the client at the time of delivery will be subject to a minimum of 30% of the sales price restocking fees, plus any incurred freight AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 15 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade charges. Any custom merchandise will be subject to a 100% of the sales price restocking fee, plus any incurred freight. • The agreed upon completion date may be moved, and a change order with incurred costs may be provided if Avidex is delayed for any of the following reasons, including but not limited to, equipment/material changes initiated by the Client beyond the original approved design, labor disputes, delivery or construction delays, unavoidable casualties, or causes beyond Avidex’s control. • Avidex’s proposals for installation costs are based upon 8-hour days and 40-hour workweeks, Monday through Friday, between the hours of 8:00AM and 5:00PM. Installation costs for work outside of normal business hours or business days may be subject to overtime rates, when mutually agreed upon in writing. • Avidex shall make all reasonable efforts to inspect and review the existing project site physical and audiovisual infrastructure conditions. Existing site conditions needing to remain intact, along with the Client or End-User direction for the audiovisual design may result in other required audiovisual infrastructure requirements (raceways, conduit, AC power, structural backing-blocking, structural engineer stamped drawings, etc.) and/or changes to the audiovisual equipment and integration labor, leading to pricing adjustments. • Freight fees are estimated for ground freight service. Expedited freight, as required by the client, will be prepaid and added to invoices. • The pricing information provided in this proposal is solely for the benefit of the Client listed on the title page. Award of work to Avidex by a 3rd party will require a credit and contract term review, an approval and pricing confirmation for the new contract terms by Avidex. • The Client will furnish Avidex such financial information as Avidex may reasonably request to establish credit terms for the project. Such financial information shall be proprietary and confidential to the Client. Avidex agrees not to disclose this information to any other party or use the information other than for the internal credit check. Avidex may, at its sole discretion, cancel this agreement at any time if the Client fails to meet credit requirements established by Avidex. • The Americans with Disabilities Act (ADA) and California Building Code require the provision of Assistive Listening Systems in assembly areas, conference rooms, and meeting rooms. Hardware and services may be required for ADA-compliance. Client or its contractor should review project requirements for ALS with Avidex for each project to determine if portable or fixed systems are required. ALS hardware, if provided, will be identified in the Equipment List appendix. • Where applicable, Avidex Industries LLC provides the Client non-exclusive, royalty-free, non-transferable use of the ‘software’ included within the systems provided (if an integral component of the audiovisual system). Some software provided is Proprietary and deemed Confidential information of Avidex Industries LLC and may not be altered, reused, reverse- engineered or disseminated under any conditions. Tampering or misuse of any software resulting in audiovisual systems malfunction shall be the responsibility of the Client or End- User to remedy. • Changes in project scope and timeline may require additional hardware, equipment and labor that is necessary to complete the project. These additions will be considered change orders. Avidex will notify the Client in writing if Avidex determines that an increase or decrease in the project fees or change in timeline will be required. Change orders will include a change request number, reason for the change request, narrative description of AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 16 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade the modified scope of work, schedule, and cost impact. The Client will provide written approval to proceed with the change and any needed updated purchase order or signed agreement as a record for both organizations. Should the Client cancel the project in whole or in part prior to completion, the Client agrees to pay Avidex for all reasonable costs incurred to date and/or to bring the project to an acceptable close. WORK & PRODUCTS PROVIDED BY OTHERS (EXCLUSIONS) • All required architectural floor, reflected ceiling, building elevation, and section plans in an agreed upon AutoCAD format at no charge to Avidex. • Any and all related electrical work, including but not limited to 110VAC, conduit, raceway, and boxes. This includes all conduits, high voltage wiring panels, breakers, relays, boxes, receptacles, etc. • All network connectivity, routing, switching and port configuration necessary to support audiovisual equipment, unless specifically addressed elsewhere in this document. • Voice and data infrastructure and systems. • Necessary sheet rock replacement and or repair. • Necessary ceiling tile or T-bar modifications, replacement, and/or repair. • All millwork, moldings, trim, etc., or modifications to project millwork necessary to accommodate the installation of the audiovisual equipment unless otherwise noted in this proposal. • Rough-in, bracing, framing, or finish trim carpentry for installation. • Backing required to support wall mounted equipment including display, loudspeakers, camera, et cetera. • Painting, patching, or finishing architectural surfaces. • Core drilling and/or concrete saw cutting. • HVAC, plumbing, sprinkler head, and lighting fixture relocation. • Ceiling, roof, firewall, and/or floor penetration(s). • Removal or patching, of fire stopping. • Structural welding, cutting, or reinforcement of structural steel members required for support of assemblies. • Work in asbestos treated areas and asbestos abatement. If asbestos is discovered during our work, Avidex will notify Client and will stop work until asbestos abatement work is completed by Client or its contractor. • Any subscription services, cabling, and equipment. • Provision and configuration of client furnished computers and software. • Acquisition of permits. • All Union Labor unless specifically addressed separately in proposal pricing AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 17 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade NEW SYSTEM WARRANTY Avidex warrants the integrated system(s) furnished are free of defects in workmanship and materials for a period of one year from the date of acceptance or date of first beneficial use, whichever occurs first. Remedy for such defects during the warranty period shall be provided at no additional expense to the client and shall be handled as expeditiously as is feasible during normal business hours and days of operation. Under this warranty, Avidex will troubleshoot, uninstall, and reinstall any equipment that is part of the Avidex audiovisual system. The cost to service and/or repair Client Furnished Equipment or equipment out of the manufacturer’s warranty is not included. Avidex will broker and process the repair of that equipment at the standard Avidex rate. Avidex reserves the right to charge for a service visit at standard Avidex service time and material rates (minimum of 2 hours onsite plus travel) if a service call results in a No Fault Found (NFF) or No Trouble Found (NTF) during a dispatched site visit. Avidex Services Provided Under the New System Warranty • Avidex will respond to requests for assistance due to client-reported issues and, if warranted, dispatch a technician during normal business hours (8:00AM to 5:00PM Pacific Time, Monday – Friday, excluding Avidex holidays) to troubleshoot the AV system problem based on our available resources • Avidex will identify and uninstall the defective equipment and return such equipment to the manufacturer or authorized repair center for warranty processing • Avidex will reinstall the repaired or replaced equipment and test the system • Avidex will pay the shipping costs associated with the repair of the equipment, except for Client Furnished Equipment and/or equipment out of manufacturer warranty Avidex Services Not Provided Under the New System Warranty • Extend or provide additional repair services for manufacturer warranty coverage • Repair of Client Furnished Equipment • After hours 24x7 Helpdesk support • Guaranteed on-site response time • Remote system monitoring, management, and reporting • Before- or after-hours on-site response • Proactive support or preventive maintenance • Training • Spare or loaner equipment during equipment repair period • Warranty coverage for client acts of negligence or misuse AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 18 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade 360o SERVICETM MANAGED SERVICES & SUPPORT Avidex recommends the Essential 360o Service less remote monitoring for this project. Avidex 360o Service enhances the new systems warranty coverage with proactive support services for worry-free operation. See Appendix A for further details on the proposed 360° Service Plan. 360° Coverage Essential Advanced Elite Help Desk Support Availability 8x5* 24x7 24x7 Priority Call Response Time SLA 4 hours 2 hours 1 hour Priority On-Site Response Time SLA 2 business days 1 business day 4 business hours* RMA Management of OEM Hardware • • • Annual Preventive Maintenance & Reporting One One One Assigned Service Management with Escalation Access • • On-Site AV Service Assurance Technician Optional Optional Optional Emergency Loaners for Business-Critical Devices • The below items: Remote Monitoring, Fault Detection, Analytics & Reporting of Devices may require the implementation of hardware and software applications. Refer to the proposed scope of work to confirm if these features have been included. Remote Monitoring with Fault Detect & Reporting • • • Remote Monitoring with Fault Diagnoses & Troubleshooting • • AV Solution Analytics & Reporting • • Management of Device Firmware, Configurations & Changes • * Standard Business Hours in Pacific Time Initial Term and Automatic Renewal The initial term of the specified 360° Service Plan Agreement is identified in the pricing section. Unless written termination is requested by either party thirty (30) days in advance of the anniversary expiration date of the current 360° Service Plan term, the Agreement between the parties shall automatically renew for successive one (1) year periods. Written termination requests by the client should be sent to: Attn. Contract Admin 8509 154th Ave NE, Ste 100 Redmond, WA 98052 At any time within the current term or renewal period should adjustments in work responsibilities and/or price be deemed necessary, proposal and agreement revisions shall be exchanged between the parties, be mutually agreed upon in writing and once executed become part of the current Agreement or understanding between the parties. AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 19 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade PAYMENT TERMS This proposal is valid for 30 days from the date appearing on the cover page. • Monthly progress invoices will be issued with net 30-day terms. • The 360° Service Plan will be invoiced annually, in advance or at the date of commencement. • Freight – Ground shipping included per DES contract • Sales tax will be added to invoices based on current tax rates as required by state law on the invoice date. • Avidex reserves the right to charge for stored materials and/or equipment. • Avidex reserves the right to charge a 1.5% fee for late payment of invoices. AUTHORIZATION TO PROCEED – INTEGRATION SERVICES This document serves as a Notice to Proceed to Avidex in advance of a customary Purchase Order or Contract. Alternatively, this document may serve as a formal Purchase Order to Avidex only in the event the Customer does not or cannot generate a formal Purchase Order or Contract to Avidex. In either event, this agreement creates a binding contract between Avidex and the Customer. Avidex is acting in good faith that the individual signing this document on behalf of the Customer is duly authorized to enter into this binding agreement. I have reviewed the available post-installation 360° Service Plan offerings with my account executive. ☐ I, the client, elect to decline the 360° Service Plan offering. By checking this box, I understand that I am declining the proposed service and support coverage for my audiovisual system. Submitted by: Avidex Industries, LLC Dave Crace 03/14/2024 Name Signature Date Client Approval: Client Name/Title Signature Date Each party agrees that any electronic signatures above, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of an executed signature page to this Agreement by e- mail attachment, other means of electronic transmission with authorization to attach it to this Agreement, or any other means of electronic transmission used to obtain an electronic signature shall be deemed to have the same legal effect as delivery of an original signed copy. AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 20 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade Attachments: DES Terms & Conditions Appendix A – Support Agreement Appendix B – Equipment List TERMS & CONDITIONS The Terms & Conditions are based on State of Washington DES Master Contract No. 0318. https://apps.des.wa.gov/DESContracts/Home/ContractSummary/03418 AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 21 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade APPENDIX A: 360o SERVICETM PLAN ESSENTIAL (INCLUDED AND PRICED) Under Essential coverage, Avidex warrants the furnished integrated system(s) are free of defects for the priced term period from the date of acceptance or date of first beneficial use, whichever occurs first. This coverage includes the remote monitoring, troubleshooting, uninstallation, and reinstallation of the equipment integrated by Avidex. Remedy for such defects during the coverage period shall be provided at no additional expense to the client. The following services are included under this coverage: REACTIVE SUPPORT Avidex 360° Service Helpdesk will: • Provide a dedicated toll-free number to report and request technical support for the integrated equipment. • Operate during the standard Avidex business hours of Monday – Friday 8:00AM to 5:00PM Pacific Time except for Avidex holidays • Respond to the initial support request within 4 business hours • Contact the client to resolve the issue remotely to ensure the quickest possible resolution • Use the integrated remote monitoring equipment to assist with fault detection and reporting, dependent upon the specific scope of the proposed project. • Administer the repair process for defective or broken equipment including processing of any manufacturer RMA. On-Site Support will: • Provide a qualified Field Support Technician during standard Avidex working hours within two business days of the support request • Troubleshoot the system and make the best effort to resolve the issue(s) while at the client site. • Return defective equipment to an authorized repair center or directly to the manufacturer for warranty repair or exchange. All fees related to shipping are included. • Provide a suitable replacement for defective equipment to ensure full system operability if an item is no longer repairable. • Install the repaired or replacement equipment and test to ensure the system is operable per the original system intent. Lamp Replacement: • Labor (only) is covered under this support agreement. PROACTIVE SUPPORT Preventive Maintenance • Avidex will perform periodic maintenance for your integrated audiovisual system including system check, cleaning, and tweaking of all appropriate equipment. Avidex will also provide a summary report detailing the status of the audiovisual system and troubleshoot and repair any discovered audiovisual problems. AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 22 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade • This proposal includes one (1) preventive maintenance visit per year of the agreement. • Upon completion of each preventive maintenance visit, the Field Support Technician will conduct a system operations training session if requested. SERVICES NOT PROVIDED UNDER THIS COVERAGE • Repair to Client Furnished Equipment and/or components unless included in Appendix B • Before or after-hours on-site support • Repairs due to customer acts of negligence or misuse • Coverage for projection screen material, plasma glass assembly, lamps, bulbs, furniture, display panels, optical engines, batteries, and accessories. Such parts will be provided at a 10% discount off our list price • Image burn-in caused by static images displayed over an extended period of time on any display device AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 23 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade APPENDIX B: EQUIPMENT LIST BANQUET HALL Display Item Manufacturer Description Qty OFE Unit Price Ext. Total D1 PANASONIC OFE PROJECTOR 1 YES -$ -$ D2 DALITE OFE COSMO ELECTROL SCREEN 1 YES -$ -$ D3 VIEWSONICS 86" 4K 450nit Display 2 2,694.86$ 5,389.72$ D4 CHIEF Extra-Large Fusion® Micro-Adjustable Tilt 2 293.07$ 586.14$ D10 -$ -$ Display Total 5,975.86$ Video Item Manufacturer Description Qty OFE Unit Price Ext. Total V1 VSI A/V Encoder, 4K60 4:4:4 UHD over IP cinema quality ultra-low latency visually lossless switch matrix routable, with built-in video wall functionality, Expansion Ethernet Port; POE+; Upgradeable to AES67/Dante 2 898.35$ 1,796.70$ V2 VSI A/V Decoder, 4K60 4:4:4 UHD over IP cinema quality ultra-low latency visually lossless switch matrix routable, with built-in video wall functionality; Expansion Ethernet Port; POE+; Upgradeable to AES67/Dante 3 898.35$ 2,695.05$ V3 WOLFVISION Cynap Pure Mini 1 741.28$ 741.28$ Video Total 5,233.03$ Audio Item Manufacturer Description Qty OFE Unit Price Ext. Total A1 QSC Unified Core with 8 local audio I/O channels, 64x64 network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, VoIP telephony, 8x8 GPIO, 8 AEC processors, Half-size 1RU.1 1,986.54$ 1,986.54$ A2 QSC 400W FlexAmp technology Hi-Z / Lo-Z amplifier, 2 x 200W into 4Ω, 8Ω, 70V and 100V, Highpass filter per channel, GPIO for Remote Standby and Amp Status.1 769.53$ 769.53$ A3 JBL 70 cm J-Shaped Coaxial Line Array with 16 x 1” and 4 x 5” Drivers and Asymmetrical Coverage. Constant Beamwidth Technology, switchable 45° or 25° vertical coverage, music (flat)/speech switch, 8 ohms, 60 Hz – 20 kHz, 500W cont pink (2000W peak), wall bracket included. (priced and sold individually). New in -1 version: Included wall bracket adjusts for SWIVEL (pan) as well as tilt aiming, for increased aiming versatitlity. Thicker, stronger grille which is more robust for use in temporary special event applications.2 1,091.66$ 2,183.32$ A4 JBL 70 cm Extension for CBT 70J-1 Line Array, 4 x 5” Drivers. 500W continuous pink noise, 8 ohms, linking bracket included, 70 cm tall for 140 cm tall CBT 70J-1/JE-1 array, connect 70J-1 and 70JE-1 in parallel. (priced and sold individually). Combined with CBT 70J-1, system response is 45 Hz – 20 kHz with well controlled pattern to 250 Hz.2 618.80$ 1,237.60$ A5 AUDIO TECHNICA System 10 PRO Digital Wireless System includes: ATW-RC13 rack- mount receiver chassis, aTW-RU13 x2 receiver unit and ATW-T1002 x2 Handheld transmitter 1 710.77$ 710.77$ A6 AUDIO TECHNICA System 10 PRO Digital Wireless System includes: ATW-RC13 rack- mount receiver chassis, ATW-RU13 receiver unit, ATW-T1001 UniPak transmitter and MT830cW lavalier microphone 1 473.81$ 473.81$ Audio Total 7,361.57$ Control Item Manufacturer Description Qty OFE Unit Price Ext. Total C1 NETGEAR 10PTM4250-8G2XF-POE+MANAGEDSWCH; FULLY MANAGED DESKTOP SWITCH 1 945.92$ 945.92$ C2 QSC Q-SYS 7” PoE Touch Screen Controller for In-Wall Mounting. Color - Black only 1 1,291.59$ 1,291.59$ Control Total 2,237.51$ Rack & Accessories Item Manufacturer Description Qty OFE Unit Price Ext. Total R1 MIDDLE ATLANTIC 10 RU MMR Series Rack, 20 Inches Deep 1 242.55$ 242.55$ R2 MIDDLE ATLANTIC 10 RU Essex Series Pivoting Back Pan 1 134.24$ 134.24$ Rack & Accessories Total 376.79$ Misc. Materials Item Manufacturer Description Qty OFE Unit Price Ext. Total Misc. Materials Total 3,043.87$ Equipment Summary Display Total 5,975.86$ Video Total 5,233.03$ Audio Total 7,361.57$ Control Total 2,237.51$ Rack & Accessories Total 376.79$ Misc. Materials Total 3,043.87$ Equipment Subtotal 24,228.63$ AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 24 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade DANCE STUDIO Display Item Manufacturer Description Qty OFE Unit Price Ext. Total D1 VIEWSONICS 86" 4K 450nit Display 1 2,694.86$ 2,694.86$ D2 CHIEF Extra-Large Fusion® Micro-Adjustable Tilt 1 293.07$ 293.07$ D3 CHIEF Fusion® Pull Out Accessory Series 1 290.49$ 290.49$ Display Total 3,278.42$ Video Item Manufacturer Description Qty OFE Unit Price Ext. Total V1 CRESTRON DMPS Lite™ 4K Multiformat 2x1 AV Switch and Receiver 1 807.95$ 807.95$ V2 CRESTRON DM Lite® 4K60 4:4:4 Transmitter for HDMI® Signal Extension over CATx Cable, Wall Plate, White 1 254.25$ 254.25$ V3 CRESTRON Decorator Style Faceplate, 1-Gang, White Textured 1 6.78$ 6.78$ V4 WPS Cynap Pure Mini 1 741.28$ 741.28$ Video Total 1,810.26$ Audio Item Manufacturer Description Qty OFE Unit Price Ext. Total A1 RDL Wall-Mounted Bluetooth® Audio Format-A Interface 1 323.33$ 323.33$ A2 RDL Active Three-Pair Receiver - Twisted Pair Format-A - Balanced line outputs 1 171.26$ 171.26$ A3 RDL 24 Vdc Switching Power Supply, North American AC Plug, 500 mA, dc Plug 1 27.14$ 27.14$ A4 STEWART AUDIO 80w x 4 @ 70 / 100v - Digital Matrix Processor 4x4, Ethernet Control 1 897.22$ 897.22$ A5 SONANCE PS-P63T WHITE 6 192.10$ 1,152.60$ Audio Total 2,571.55$ Control Item Manufacturer Description Qty OFE Unit Price Ext. Total C1 STEWART AUDIO 10k Ohm Potentiometer aluminum wall plate in aluminum finish 1 33.90$ 33.90$ Control Total 33.90$ Misc. Materials Item Manufacturer Description Qty OFE Unit Price Ext. Total Misc. Materials Total 771.48$ Equipment Summary Display Total 3,278.42$ Video Total 1,810.26$ Audio Total 2,571.55$ Control Total 33.90$ Rack & Accessories Total -$ Misc. Materials Total 771.48$ Equipment Subtotal 8,465.61$ AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 25 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade CLASSROOM A Display Item Manufacturer Description Qty OFE Unit Price Ext. Total D1 VIEWSONICS 75" 4K 450nit Display 1 1,264.57$ 1,264.57$ D2 CHIEF Extra-Large Fusion® Micro-Adjustable Tilt 1 293.07$ 293.07$ D3 CHIEF Fusion® Pull Out Accessory Series 1 290.49$ 290.49$ Display Total 1,848.13$ Video Item Manufacturer Description Qty OFE Unit Price Ext. Total V1 CRESTRON DMPS Lite™ 4K Multiformat 2x1 AV Switch and Receiver 1 807.95$ 807.95$ V2 CRESTRON DM Lite® 4K60 4:4:4 Transmitter for HDMI® Signal Extension over CATx Cable, Wall Plate, White 1 254.25$ 254.25$ V3 CRESTRON Decorator Style Faceplate, 1-Gang, White Textured 1 6.78$ 6.78$ V4 WPS Cynap Pure Mini 1 741.28$ 741.28$ Video Total 1,810.26$ Misc. Materials Item Manufacturer Description Qty OFE Unit Price Ext. Total Misc. Materials Total 323.11$ Equipment Summary Display Total 1,848.13$ Video Total 1,810.26$ Misc. Materials Total 323.11$ Equipment Subtotal 3,981.50$ AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 26 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade CLASSROOM B Display Item Manufacturer Description Qty OFE Unit Price Ext. Total D1 VIEWSONICS 86" 4K 450nit Display 1 2,694.86$ 2,694.86$ D2 CHIEF Extra-Large Fusion® Micro-Adjustable Tilt 1 293.07$ 293.07$ D3 CHIEF Fusion® Pull Out Accessory Series 1 290.49$ 290.49$ D4 -$ -$ D5 -$ -$ Display Total 3,278.42$ Video Item Manufacturer Description Qty OFE Unit Price Ext. Total V1 CRESTRON DMPS Lite™ 4K Multiformat 2x1 AV Switch and Receiver 1 807.95$ 807.95$ V2 CRESTRON DM Lite® 4K60 4:4:4 Transmitter for HDMI® Signal Extension over CATx Cable, Wall Plate, White 1 254.25$ 254.25$ V3 CRESTRON Decorator Style Faceplate, 1-Gang, White Textured 1 6.78$ 6.78$ V4 WPS Cynap Pure Mini 1 741.28$ 741.28$ V5 LOGITECH Logitech Meet-Up 1 583.71$ 583.71$ V6 LOGITECH Logitech Meet-Up TV Mount 1 66.79$ 66.79$ V7 CRESTRON USB over Network Wall Plate with Routing, Local, White 1 528.84$ 528.84$ V8 CRESTRON USB over Network with Routing, Remote 1 372.90$ 372.90$ V9 NETGEAR NETGEAR AV Line M4250-8G2XF-PoE+ Fully M 1 945.92$ 945.92$ V10 -$ -$ Video Total 4,308.42$ Audio Item Manufacturer Description Qty OFE Unit Price Ext. Total Audio Total -$ Misc. Materials Item Manufacturer Description Qty OFE Unit Price Ext. Total Misc. Materials Total 595.06$ Equipment Summary Display Total 3,278.42$ Video Total 4,308.42$ Misc. Materials Total 595.06$ Equipment Subtotal 8,181.90$ AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 27 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade CLASSROOM C Display Item Manufacturer Description Qty OFE Unit Price Ext. Total D1 VIEWSONICS 75" 4K 450nit Display 1 1,264.57$ 1,264.57$ D2 CHIEF Extra-Large Fusion® Micro-Adjustable Tilt 1 293.07$ 293.07$ D3 CHIEF Fusion® Pull Out Accessory Series 1 290.49$ 290.49$ D4 -$ -$ D5 -$ -$ Display Total 1,848.13$ Video Item Manufacturer Description Qty OFE Unit Price Ext. Total V1 CRESTRON DMPS Lite™ 4K Multiformat 2x1 AV Switch and Receiver 1 807.95$ 807.95$ V2 CRESTRON DM Lite® 4K60 4:4:4 Transmitter for HDMI® Signal Extension over CATx Cable, Wall Plate, White 1 254.25$ 254.25$ V3 CRESTRON Decorator Style Faceplate, 1-Gang, White Textured 1 6.78$ 6.78$ V4 WPS Cynap Pure Mini 1 741.28$ 741.28$ V5 -$ -$ Video Total 1,810.26$ Audio Item Manufacturer Description Qty OFE Unit Price Ext. Total A1 STEWART AUDIO 2 Channel Subcompact Amplifier – 35/25W x 2 @ 4/8Ω1 155.94$ 155.94$ A2 SONANCE PS-S63T MKII BLACK 2 178.54$ 357.08$ Audio Total 513.02$ Misc. Materials Item Manufacturer Description Qty OFE Unit Price Ext. Total M1 Avidex Direct Materials 1 339.00$ 339.00$ M2 Avidex Indirect Materials 1 112.76$ 112.76$ M3 Avidex Misc Equipment Allowance -$ -$ Misc. Materials Total 451.76$ Equipment Summary Display Total 1,848.13$ Video Total 1,810.26$ Audio Total 513.02$ Misc. Materials Total 451.76$ Equipment Subtotal 4,623.17$ AGENDA ITEM #5. c) AVIDEX INDUSTRIES, LLC 28 March 14, 2024 Confidential 230227 City of Renton Community Center (AV Audiovisual System Upgrade GYM Audio Item Manufacturer Description Qty OFE Unit Price Ext. Total A1 QSC Unified Core with 8 local audio I/O channels, 64x64 network I/O channels with 8x8 Software-based Dante license included, USB AV bridging, dual LAN ports, VoIP telephony, 8x8 GPIO, 8 AEC processors, Half-size 1RU.1 1,986.54$ 1,986.54$ A2 QSC 400W FlexAmp technology Hi-Z / Lo-Z amplifier, 2 x 200W into 4Ω, 8Ω, 70V and 100V, Highpass filter per channel, GPIO for Remote Standby and Amp Status.1 769.53$ 769.53$ A3 JBL 70 cm J-Shaped Coaxial Line Array with 16 x 1” and 4 x 5” Drivers and Asymmetrical Coverage. Constant Beamwidth Technology, switchable 45° or 25° vertical coverage, music (flat)/speech switch, 8 ohms, 60 Hz – 20 kHz, 500W cont pink (2000W peak), wall bracket included. (priced and sold individually). New in -1 version: Included wall bracket adjusts for SWIVEL (pan) as well as tilt aiming, for increased aiming versatitlity. Thicker, stronger grille which is more robust for use in temporary special event applications.2 1,091.66$ 2,183.32$ A4 JBL 70 cm Extension for CBT 70J-1 Line Array, 4 x 5” Drivers. 500W continuous pink noise, 8 ohms, linking bracket included, 70 cm tall for 140 cm tall CBT 70J-1/JE-1 array, connect 70J-1 and 70JE-1 in parallel. (priced and sold individually). Combined with CBT 70J-1, system response is 45 Hz – 20 kHz with well controlled pattern to 250 Hz.2 618.80$ 1,237.60$ A5 AUDIO TECHNICA System 10 PRO Digital Wireless System includes: ATW-RC13 rack-mount receiver chassis, ATW-RU13 receiver unit and ATW-T1002 Handheld transmitter 1 434.26$ 434.26$ Audio Total 6,611.25$ Control Item Manufacturer Description Qty OFE Unit Price Ext. Total C1 QSC Single gang US, IP Wall Controller, PoE (includes white and black faceplates)1 522.06$ 522.06$ C2 NETGEAR NETGEAR AV Line M4250-8G2XF-PoE+ Fully M 1 945.92$ 945.92$ C3 -$ -$ C4 -$ -$ Control Total 1,467.98$ Misc. Materials Item Manufacturer Description Qty OFE Unit Price Ext. Total M1 Avidex Direct Materials 1 565.00$ 565.00$ M2 Avidex Indirect Materials 1 216.11$ 216.11$ M3 Avidex Misc Equipment Allowance -$ -$ Misc. Materials Total 781.11$ Equipment Summary Audio Total 6,611.25$ Control Total 1,467.98$ Misc. Materials Total 781.11$ Equipment Subtotal 8,860.34$ AGENDA ITEM #5. c) AB - 3538 City Council Regular Meeting - 01 Apr 2024 SUBJECT/TITLE: Receive King County VSHSL Funds in Contract Extension in CAG-21- 174 Amend 2 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Carrie Nass, Recreation Director EXT.: 6624 FISCAL IMPACT SUMMARY: Increase $60,000.00 to support Senior Center outreach, programs and services. SUMMARY OF ACTION: The Recreation division applied for and received a contract extension for CAG-21-174 with King County Veteran's, Seniors and Human Services (VSHSL) for $60,000 in additional funding to support expanding outreach, engagement, programs and services for seniors and veterans. Specifically, funds will be used for new technology classes, continuation of a Veteran’s Food Access program in partnership with the Renton Farmers Market, Age-Friendly Renton Resource Expo, quarterly cultural lunch events, Renton River Days Senior Picnic, new kitchen and program equipment and supplies. EXHIBITS: A. KCVSHSL Funding Contract STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to receive and execute a contract extension to CAG-21-174 in Amendment 2 with King County's Department of Community and Human Services to allocate $60,000 to the Recreation Division. AGENDA ITEM #5. d) City of Renton Page 1 of 6 Contract Amendment – 6204604 Department of Community and Human Services Adult Services Division CONTRACT AMENDMENT DCHS / Adult Services Division Contract No. 6204604 Project/Program Name City of Renton- Support Senior Centers - SE 1- VSHSL (2024 Ext.) Contractor City of Renton Amendment No. 2 Address 1055 South Grady Way, Renton, WA 98055, United States PURPOSE OF AMENDMENT The purpose of this amendment is to change the terms and conditions of the Contract following the renewal of the VSHSL in August 2023, and the procurement or re-procurement of community services implementing the strategies outlined in the renewed VSHSL Implementation Plan. 1)Extend contract end date from December 31, 2023, to the earlier of: December 31, 2024, or 60 calendar days following King County providing written notice. 2)Add $60,000 in 2024 funding. 3)Add specific 2024 milestones and reporting requirements. 4)Amend the payment model. A.FUNDING SOURCE/TABLE CHANGES FUNDING SOURCES NAME FUNDING SOURCES TYPE FUNDING LEVELS EFFECTIVE DATES Veterans, Seniors and Human Services Levy County $60,000.00 01/01/2024 - 12/31/2024 B.CONTRACT CHANGES 1.The termination date for the Contract is amended to be the earlier of (a) 12/31/2024, or (b) upon termination of all exhibits appended to this Contract. If this Contract expires pursuant to subsection (b), then all services, reporting, expenditure, and payment obligations of the parties shall be prorated through the expiration date and final payment shall be calculated as set forth in the Exhibit. C.EXHIBIT CHANGES 1.Exhibit I, Exhibit Period end date is amended to be the earlier of (a) 12/31/2024, or (b) sixty (60) calendar days following King County providing written notice that the re-procurement process for the renewed VSHSL strategy SE 1: Support Senior Centers has completed. If this Exhibit expires pursuant to subsection (b), then all services, reporting, expenditure, and payment CAG-21-174 Amendment 2AGENDA ITEM #5. d) City of Renton Page 2 of 6 Contract Amendment – 6204604 obligations of the parties shall be prorated through the expiration date and final payment shall be calculated as set forth in the Exhibit. 2.Add funding in Exhibit I by $60,000 and amend the second sentence in Section I., WORK STATEMENT to read: The total amount of reimbursement pursuant to this Exhibit shall not exceed $228,969 for the Exhibit Period noted above as shown in the funding table below. 3.Exhibit I, Section I., WORK STATEMENT, remove and replace the funding table as follows: ASD Result Area Alignment Funding Period Fund Source Funding Allocation Social Engagement 04/01/2021 – 12/31/2021 2021 VSHSL Fund - Seniors 2021 VSHSL Fund - Veterans $34,192 $23,500 01/01/2022 – 12/31/2022 2022 VSHSL Fund - Seniors 2022 VSHSL Fund - Veterans $27,777 $23,500 01/01/2023 – 12/31/2023 (Reallocated) 2023 VSHSL Fund – Seniors $60,000 1/1/2024 – 12/31/2024 2024 VSHSL Fund - Seniors $60,000 Not to Exceed $228,969 4.Exhibit I, Section II.E, Contract Milestones, a new subsection 4 is added as follows: 4. 2024 Milestones a. By March 31, 2024, develop a 2024 workplan with King County. 5.Exhibit I, Section IV.B, Reporting Requirements, subsection 4 is amended as follows: The Contractor shall submit an annual narrative progress report to King County on January 15 following each program year. The report shall cover the activities of the previous year (January – December). For 2024, the Contractor shall provide its final annual progress report (a) if the Contract ends on December 31, 2024, by January 15, 2025, or (b) if the Contract ends on any date prior to December 31, 2024, within thirty (30) calendar days of such end date. The format and questions for the annual narrative progress report shall be provided by King County. AGENDA ITEM #5. d) City of Renton Page 3 of 6 Contract Amendment – 6204604 6.Exhibit I, Section V., COMPENSATION AND METHOD OF PAYMENT, add new subsections B and C as follows: B.2024 Billing Invoice Package Every month: The Contractor shall submit a Billing Invoice Package (BIP) monthly that consists of a signed invoice statement and other reporting requirements as stated in Section IV., PARTNERSHIP AND REPORTING REQUIREMENTS of this Exhibit in a format approved by King County. Every quarter and upon the termination or expiration of this Contract: As outlined in the 2024 Payment Table below, the Contractor shall submit actual expenditures for allowable expenses from the previous quarter pursuant to services described in this Exhibit (Actual Expenditures) as part of the BIP. These actual expenditures shall be transmitted in the form of a detailed general ledger report from Contractor’s financial system, including a budget to actuals reconciliation related to activities outlined in this Exhibit (General Ledger). The BIP is due within ten (10) business days following the end of each payment period. The total amount of payments to the Contractor for each year of this Exhibit shall not exceed the yearly funding allocation as noted in the funding table in Section I., WORK STATEMENT, unless otherwise approved by King County in writing. The Contractor shall advise King County quarterly of any material changes in revenues from sources other than the County that are used to provide the services funded under this Exhibit. The Contractor agrees to re-negotiate, as needed, if the County determines that such changes are substantial. C.Quarterly Budget to Actuals Reconciliation and Payment Process 1.The County shall review, on a quarterly basis, Actual Expenditures compared to the actual payments made to the Contractor and scheduled payments (see 2024 Payment Table below) for such quarter (Quarterly Aggregate Payment). 2.If the County determines that Actual Expenditures equal or exceed the Quarterly Aggregate Payment, then the County shall pay the full amount listed in the 2024 Payment Table that are then currently due and owing (Current Payment). 3.If the County determines that Actual Expenditures are (a) less than the Quarterly Aggregate Payment and (b) that difference is less than or equal to the next scheduled payment to be made by the County (the Next Payment), then the Next Payment shall be reduced by such difference. 4.If Actual Expenditures are (a) less than the Quarterly Aggregate Payment and (b) that difference is more than the Next Payment, then the County shall be relieved from its obligation to make the Next Payment, and may: (c) lower the amount of future payments by the remaining difference (such as reducing, pausing or skipping payment) and/or (d) require that the Contractor submit a plan stating how excess payments will be applied to future program purposes as described in this Agreement (the plan must be approved in writing by the County). The County, in its sole discretion, will determine whether the Contractor’s actual reported expenditures are allowable. The County’s decisions regarding how excess payments by the County will be treated under this Section are final. The County reserves the right to recapture unspent funds. 5.If there is no Next Payment as a result of the expiration or termination of this Contract, then the Contractor shall return any difference between Actual Expenditures and the AGENDA ITEM #5. d) City of Renton Page 4 of 6 Contract Amendment – 6204604 final Quarterly Aggregate Payment within ten (10) calendar days of King County’s review and analysis of the final BIP. Payment instructions will be provided in writing by the County within three (3) business days of such final BIP analysis. 6.As mutually agreed to in writing by the parties, the aggregate amount of any and all reduced or withheld Next Payments described in Subsections 3 and 4 above may be carried forward into future Payment Periods to reimburse Contractor for Actual Expenditures in excess of the Quarterly Aggregate Payment. Unless otherwise agreed to by the parties, such reimbursement will be made with the Next Payment. 7.Exhibit I, Section V., COMPENSATION AND METHOD OF PAYMENT, add the following payment table: 2024 Payment Table Date Due Payment Period Payment / Fund Source Deliverable February 14, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Summary of progress towards 2024 workplan and/or milestones as applicable $5,000 Total March 14, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Summary of progress towards 2024 workplan and/or milestones as applicable $5,000 Total April 12, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Individual-level and/or aggregate level data 3.General Ledger & Updated Budget reflecting Quarterly Expenditures, due April 19, 2024 4.Summary of progress towards 2024 workplan and/or milestones as applicable $5,000 Total May 14, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Summary of progress towards 2024 workplan and/or milestones as applicable $5,000 Total June 14, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Summary of progress towards 2024 workplan and/or milestones as applicable AGENDA ITEM #5. d) City of Renton Page 5 of 6 Contract Amendment – 6204604 2024 Payment Table Date Due Payment Period Payment / Fund Source Deliverable $5,000 Total July 15, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Individual-level and/or aggregate level data 3.General Ledger & Updated Budget reflecting Quarterly Expenditures, due July 22, 2024 4.Summary of progress towards 2024 workplan and/or milestones as applicable $5,000 Total August 14, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Summary of progress towards 2024 workplan and/or milestones as applicable $5,000 Total September 16, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Summary of progress towards 2024 workplan and/or milestones as applicable $5,000 Total October 15, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Individual-level and/or aggregate level data 3.General Ledger & Updated Budget reflecting Quarterly Expenditures, due October 22, 2024 4.Summary of progress towards 2024 workplan and/or milestones as applicable $5,000 Total November 15, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Summary of progress towards 2024 workplan and/or milestones as applicable $5,000 Total December 13, 2024 Preceding month $5,000 VSHSL Fund -Seniors On-time completion / submission of: 1.Accurate invoice 2.Summary of progress towards 2024 workplan and/or milestones as applicable AGENDA ITEM #5. d) City of Renton Page 6 of 6 Contract Amendment – 6204604 2024 Payment Table Date Due Payment Period Payment / Fund Source Deliverable $5,000 Total January 15, 2025 Preceding month $5,000 _________ $5,000 VSHSL Fund -Seniors Total On-time completion or submission of: 1.Accurate invoice 2.Individual-level and/or aggregate level data 3.General Ledger & Updated Budget reflecting Quarterly Expenditures, due January 23, 2025 4.Annual narrative progress report 5.Summary of progress towards 2024 workplan and/or milestones as applicable All other terms and conditions of this Contract and the attached Exhibit(s) remain unchanged and in full force and effect. All capitalized terms not otherwise defined in this Amendment have the meaning ascribed to them in the Contract or Exhibit. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first above written. KING COUNTY $docusign:SignHere::InternalSigner1 City of Renton $docusign:SignHere::Customer1 King County Executive $docusign:DateSigned::InternalSigner1 Mayor Armondo Pavone Date: _________ Attest:cusign:FullName::Customer 1 Date Jason A. Seth, City Clerk Date: _________ Approved as to Legal form Alex Tuttle, Senior Assistant City Attorney d::Customer1$docusign:DateSigned::InternalSigner1 Date: ________ AGENDA ITEM #5. d) AB - 3533 City Council Regular Meeting - 01 Apr 2024 SUBJECT/TITLE: Agreement with Moffat & Nichol for Springbrook Trail Boardwalk Repairs Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department - PPNR STAFF CONTACT: Betsy Severtsen, Capital Projects Coordinator EXT.: 6611 FISCAL IMPACT SUMMARY: $141,971 from 001.000000.020.576.81.48.004 VANDALISM SUMMARY OF ACTION: The Springbrook Trail Boardwalk provides pedestrian access through the 110-acre Springbrook Creek Wetland and Habitat Mitigation Bank. In 2023, approximately 100 linear feet of the boardwalk was destroyed by fire. This damaged section of the boardwalk was demolished and removed; the original damage and/or demolition may have disturbed existing footings making them unsuitable to use in rebuilding. As this project was caused by arson, the funding source is 001.000000.020.576.81.48.004, which funds repairs due to vandalism. The City solicited a proposal from Moffat & Nichol to provide professional services to support the rebuilding of the boardwalk. Moffat & Nichol are familiar with this feature as they provided an assessment of the structure, as well as other park bridges, in early 2023. Their services will include a site investigation and review of existing documents, environmental services including State and Federal permitting, a geotechnical engineering investigation to determine footing needs, and engineering design needed for implementation of the repair. The PPNR project team is working closely with Public Works - Surface Water Utility staff to ensure the design, permitting, and repair of this feature meet all requirements necessary to comply with the Springbrook Creek Wetland and Habitat Mitigation Bank protections. EXHIBITS: A. Professional Services Agreement B. Map STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Moffat & Nichol in the amount of $141,971 to provide engineering and permitting services to support the Springbrook Trail Boardwalk Repairs Project. AGENDA ITEM #5. e) AGREEMENT FOR SPRINGBROOK BOARDWALK ENGINEERING AND PERMITTING SERVICES – CAG- THIS AGREEMENT, dated for reference purposes only as February 29, 2024, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Moffat & Nichol, Inc. (“Consultant”), a Foreign Profit Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide the City with the following services and work product (referred to hereafter as the “Work”): ☒ Exhibit Attached: See Exhibit A, which is incorporated herein by this reference, for a full description of the Work. The purpose of the Work is briefly summarized as: providing engineering and permitting services to support the Springbrook Trail Boardwalk Repairs project. ☐ Detailed Description of Work: N/A 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the method of compensation agreed to in Section 4. 3. Time of Performance: A. Schedule for Performance. Consultant shall promptly commence and diligently complete performance of the Work starting upon execution of this Agreement unless a separate schedule is agreed to in writing or specified in the Scope of Work in Section 1 of this Agreement. B. Deadline for Completion of all Work. All Work shall be completed by no later than March 15, 2025 unless this date is extended by written amendment to this Agreement. 4. Compensation: AGENDA ITEM #5. e) PAGE 2 OF 12 A. Maximum Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed One hundred forty-one thousand nine hundred and seventy-one dollars ($141,971.00), which amount shall include the rates specified in Section 4.B and reimbursable costs allowed pursuant to Section 4.C, but such maximum amount does not include any applicable state and local sales taxes that Consultant is required by law to collect from the City. B. Rate of Compensation. Compensation shall be paid for after all Work is actually performed as follows – applicable box checked: ☒ Rate(s), payment schedules, or amounts specified in Exhibit A, which is attached and incorporated herein. ☐ Hourly rates described as follows: N/A ☐ Fixed monthly rate described as follows: N/A ☐ Fixed rate for completion of all Work described as follows: N/A ☐ Other: N/A Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing. Except sales and use taxes required by state law to be collected by Consultant from the City, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. C. Reimbursable Costs. The Rate of Compensation described in Section 4.B is established to cover all direct and indirect costs for the Consultant to perform the Work, without separate reimbursement except to the extent expressly agreed to therein. If the Rate of Compensation expressly contemplates the City paying Consultant reimbursable costs, Consultant will not incur such costs until after first giving the City’s contract administrator an opportunity to object to the costs being incurred. Such opportunity shall be provided by emailing the contract administrator details of the costs to be incurred with a reasonable opportunity to respond. D. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form approved by the City, including as may be applicable a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon AGENDA ITEM #5. e) PAGE 3 OF 12 completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for Work that does not meet the requirements of this Agreement. E. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. F. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Notices and Contract Administration: Any notice required under this Agreement (e.g. notices of termination or insurance cancellation) shall be in writing, delivered by personal service or certified mail, with return receipt requested, to the Required Notice Contact(s) identified below. Required notices shall include a copy of the Agreement, the City’s CAG number assigned to the Agreement, and clearly identify the parties and the date referenced in the first paragraph of this Agreement. A copy of the required notice shall also be provided to all email addresses identified for both parties in this Section, including those listed as required notice contact and contract project manager. Required notices shall be deemed received upon the date of personal delivery, the date the USPS confirms delivery, or the date courtesy emailed notice is acknowledged as received by the required notice email contact address, whichever occurs first. If a Party first makes reasonable attempts to deliver a required notice by one of the alternative delivery methods without a successful confirmed delivery, the required notice will be deemed received three (3) days after it is mailed by regular first-class mail and emailed to all below-listed email addresses along with the last known email address used by the receiving party to communicate regarding the contract. Communication regarding contract administration that does not include a notice required by this Agreement may be done through the party’s Project Managers using the contact information provided below. AGENDA ITEM #5. e) PAGE 4 OF 12 CITY OF RENTON Required Notice Contact: City Clerk Attn: Formal Contract Notice 1055 South Grady Way Renton, WA 98057 Cityclerk@rentonwa.gov legaladmin@rentonwa.gov CONSULTANT Required Notice Contact: Shane Phillips, P.E. 501 S. 336th Street, Suite 510 Federal Way, WA 98003 sphillips@moffattnichol.com Communication regarding contract administration that does not include a required notice may be done through the party’s Project Managers using the contact information provided below. Contract Project Manager: Contract Project Manager: Betsy Severtsen, RLA bsevertsen@rentonwa.gov 425-757-6657 Matt Perry, Project Manager mperry@moffattnichol.com 253-237-5939 6. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City prior to completion of all Work, the Consultant shall be entitled to payment for all Work performed in accordance with this Agreement , less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement. Amounts owing to the City by Consultant pursuant to the terms of this Agreement shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in writing by the City. 7. Right To Use Work Product: Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and AGENDA ITEM #5. e) PAGE 5 OF 12 professional standards and laws for the type of work provided in Washington state. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. All final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six (6) years after the termination of this Agreement. The Consultant agrees, to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 9. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth AGENDA ITEM #5. e) PAGE 6 OF 12 in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, providing insurance benefits, provide training, tools, or materials, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide services to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. 11. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this AGENDA ITEM #5. e) PAGE 7 OF 12 Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 12. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 13. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 14. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. AGENDA ITEM #5. e) PAGE 8 OF 12 B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence claim/annual aggregate. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the Cit y’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 15. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 16. Assignment: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without a signed amendment to this Agreement. 17. Merger, Acquisition, or Name Change: If Consultant is merged with, acquired by another entity, or has a name change, such party shall provide written notice to the City within 20 days of the effective date of such merger, acquisition, or name change. The surviving or acquiring entity shall assume all rights and obligations of such party under AGENDA ITEM #5. e) PAGE 9 OF 12 this Agreement, unless otherwise agreed by the Parties in a signed amendment to this Agreement. The new or renamed entity will promptly sign an amendment upon request by the City to document its assumption of all obligations under this Agreement. 18. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative steps to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution No. 4085. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. AGENDA ITEM #5. e) PAGE 10 OF 12 B. Certification Regarding Federal Debarment and Suspension Status. Consultant affirms that neither it nor its principals nor its subcontractors and their principals: (1) are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from the award of contracts by any federal department or agency; (2) have within a 3-year period preceding any partially or wholly federally funded contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; been in violation of federal or state antitrust statutes, or been convicted of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in (2) above; and, (3) have within a 3-year period preceding an award of any partially or wholly federally funded contract, had one or more contracts terminated for cause or default by any federal or state agency. Consultant further promises that if it or its principals in the future are debarred or suspended from eligibility of award by the federal government that it shall within 3 days notify the City of such change in status. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. AGENDA ITEM #5. e) PAGE 11 OF 12 G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. AGENDA ITEM #5. e) PAGE 12 OF 12 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By: CONSULTANT By: Armondo Pavone Mayor Shane Phillips, P.E. Business Unit Leader Date Signed Date Signed Attest: Jason A. Seth City Clerk Approved as to Legal Form By: Shane Moloney City Attorney PSA Template 1023 RL SP Clb 3-1-24 2948 NS AGENDA ITEM #5. e) Page 1 505 South 336th St, Suite 510 Federal Way, WA 98003 (206) 622-0222 www.moffattnichol.com Exhibit A February 13, 2024 City of Renton 1055 S Grady Way 6th Floor Renton, WA 98057 Attention: Betsy Severtsen, RLA, ASLA Subject: Proposal for Partial Boardwalk Replacement Engineering Services Springbrook Trail Boardwalk Dear Ms. Severtsen: Moffatt & Nichol (M&N) is pleased to present this fee proposal to the City of Renton (City) to provide Partial Boardwalk Replacement Engineering services. The proposed scope of work is based on e-mail and phone correspondence with the City of Renton and has been divided into the tasks below. SCOPE OF WORK The proposed scope of work consists of a one-day site investigation at the site of approximately 100-linear feet of fire damaged boardwalk for the Springbrook Trail Boardwalk, followed by draft and final plans and specifications for replacement of the burned portion of the boardwalk. A rough order of magnitude opinion of probable construction costs for rebuilding the burned portion of the boardwalk is also included. TASK 1 – EXISTING DOCUMENT REVIEW & SITE INVESTIGATION Following review of any available existing design documents, a one-day site investigation will be performed in the vicinity of the fire damaged boardwalk to take various measurements, photos and record other pertinent observations. Deliverables: • N/A TASK 2 – ENVIRONMENTAL SERVICES M&N subconsultant Grette Associates will provide Wetland Delineation and Project Area Evaluation, Critical Areas Report and Mitigation Plan, Joint Aquatic Resources Permit Application (JARPA), Hydraulic Project Approval, Biological Evaluation, and Permit Application and Project Coordination. Deliverables: • Reports, Plans and Applications as related to the tasks above. TASK 3 –GEOTECHNICAL INVESTIGATION M&N subconsultant GeoEngineers will review existing subsurface information, perform a site visit to observe current conditions, provide an opinion on the use of footings similar to the previous structure that were removed, and provide recommended soil parameters. AGENDA ITEM #5. e) Page 2 Exhibit A Ms. Severtsen, City of Renton February 13, 2024 Deliverables: • Geotechnical Design Memorandum TASK 4 –90 PERCENT DESIGN AND JARPA FIGURES Using the results of the geotechnical design memo, and survey information provided by our subconsultant, 90% design plans and specifications will be developed for replacement of the approximately 100-linear feet of boardwalk. Measurements of the replacement length of the boardwalk will be taken during the Task 1 site visit to provide quantities for cost estimating. An opinion of probable construction costs will be provided based on current material costs and contractor rates from recent bid tabs, industry cost manuals and material suppliers. M&N will develop the detailed project description and JARPA drawings based on the design drawings. Inclusion of any key habitat features (nearby protected trees, wetlands, streams, or culverts) will depend on data as supplied by Task 2 and the COR. Deliverables: • 90-Percent Design: The 90-percent design submittal will include plans and details, draft specifications, and a cost estimate. Documents will be submitted electronically. • Rough order of magnitude opinion of probable construction costs • JARPA drawings in PDF format • Structural Calculations TASK 5 – FINAL DESIGN Preparation of the final design will consist mainly of updates to address comments. Final sealed documents will be submitted to COR for bidding. Deliverables: • Final Design: The final Washington State Professional Engineer stamped design submittal will include plans and details, specifications, and calculations. Documents will be submitted electronically. TASK 6 – PROJECT MANAGEMENT Project management will include staffing, budget tracking, and monthly invoice review specific to this modification. Coordination with City and any security access to the boardwalk inspection is also included in this effort. Deliverables: • Email/phone correspondence • Field safety plan(s) • Monthly invoicing (electronic deliverable, by email) AGENDA ITEM #5. e) Page 3 Exhibit A Ms. Severtsen, City of Renton February 13, 2024 ASSUMPTIONS & EXCLUSIONS 1. City of Renton will provide any pertinent design documents relative to the boardwalk structure. 2. Access to Springbrook Trail Boardwalk will be provided by the City of Renton 3. All meetings will be virtual or during the one-day site visit 4. All submittals will be electronic (Word, Excel, CAD, PDF) 5. Application and coordination for City building permits will be performed by the City of Renton SCHEDULE AND FEE Work can begin within four weeks after receiving a notice to proceed, pending weather and site conditions, and communications regarding site access. We propose to execute this work on a time-and-materials basis using the rates shown in the attached fee estimate worksheet. As shown in the detailed fee estimate worksheet (Attachment A), we propose to perform this work for a total not-to-exceed amount of $141,971 (One-Hundred Forty-One Thousand Nine Hundred and Seventy-One Dollars) as summarized in the table below. Task Fee Estimate Task 1. Site Investigation $6,740 Task 2. Environmental Services $30,491 Task 3. Geotechnical Investigation $8,090 Task 4. 90 Percent Design and JARPA Figures $83,075 Task 5. Final Design $9.940 Task 6. Project Management $3,360 Other Direct Costs1 $275 Total Project Estimate $141,971 Notes: 1. Includes equipment expenses. We look forward to continuing our work on this project. Please call me at (253) 237-5939 office, or (206) 245-6873 cell, if you have any questions regarding this proposal. Sincerely, MOFFATT & NICHOL Matt Perry Project Manager / Senior Field Technician / Diver AGENDA ITEM #5. e) Task 200 Estimated Fee - $6,403.00 PURPOSE Exhibit A Scope of Work Task Order 1 City of Renton Boardwalk Restoration Exhibit A - Sub Grette Associates, LLC (Grette) has prepared this scope of work for Moffatt & Nichol (M&N) to provide support for the City of Renton’s Springbrook Trail Boardwalk Replacement Project. The boardwalk is located at 800 SW 27th St. Between Oaksdale Ave. SW and Lind Ave. SW. Based on the information provided, a portion of the existing boardwalk (approx. 100 linear feet), which provides pedestrian access through the approximately 110-acre Springbrook Creek Wetland and Habitat Mitigation Bank, was destroyed by an arson fire and the City would like to replace it (in-kind) to reestablish access. At the time of the preparation of this scope of work it is unknown if the existing boardwalk footings are suitable to reuse. As such, Grette assumes that restoration of the boardwalk will require full replacement and would require coordination with local, state, and federal agencies to obtain the necessary environmental permits. This scope of work assumes the City will be responsible for addressing SEPA. SCOPE OF SERVICES Task 100 – Wetland Delineation and Project Area Evaluation Grette Associates will visit the project area and delineate the wetland boundary in the vicinity of the damaged boardwalk. The delineation will be performed in accordance with the U.S. Army Corps of Engineers (USACE) Federal Wetland Delineation Manual (1987) and the USACE’s Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (2010). The wetland will be evaluated and rated using Ecology’s Washington State Wetland Rating System for Western WA – 2014 Update: Version 2 (Hruby and Yahnke 2023). Surveying of boundary flags will be the responsibility of a separate contractor. Task 100 Estimated Fee - $1,787.00 Task 200 – Critical Areas Report and Mitigation Plan Grette Associates will prepare a critical areas report and mitigation plan based on the results of the field delineation and project design information. This report will also address the unavoidable wetland impacts associated with the proposed project and will be prepared according to Chapter 3 of the City of Renton Municipal Code (RMC) and the current version of Wetland Mitigation in Washington State Part 1: Agency Policies and Guidance prepared by Ecology, USACE, and EPA. The report will also include a map showing the location of the critical areas in relation to the project boundaries as well as a figure set showing the proposed restoration actions and project information. AGENDA ITEM #5. e) TOTAL ESTIMATED FEE – $25,628.00 Exhibit A - Sub Task 300 – Joint Aquatic Resources Permit Application Grette Associates staff will prepare a Joint Aquatic Resources Permit Application (JARPA) for submittal to local, state, and/or federal agencies. This task includes time for preparing the document and responding to one (1) round of comment from the project engineer/design team. This task assumes Grette Associates will be provided a detailed project description and the required JARPA figure set. Task 300 Estimated Fee - $3,505.00 Task 400 – Hydraulic Project Approval Grette Associates will prepare the application for the WDFW’s Hydraulic Project Approval (HPA). This application includes details about the proposed project as well as the aquatic resources in the vicinity of the project. Staff will also coordinate with the Area Habitat Biologist (as needed) in support of the application but does not include time for a site visit. Task 400 Estimated Fee - $1,915.00 Task 500 – Biological Evaluation In support of the USACE permit for work in Waters of the U.S., Grette Associates will prepare a Biological Evaluation (BE) for the project, including an Essential Fish Habitat (EFH) assessment, to evaluate the effects of the project on listed species and essential fish habitat. This task assumes that Grette Associates will be provided a complete set of design figures, construction narrative, and other supporting information needed to complete standard effects analyses. This task does not include post-submittal coordination with the USACE or the Services (NOAA Fisheries and USFWS), or the development of any monitoring plans that may be required. If it is determined during the initial coordination with the USACE that a No Effects Letter is sufficient to address ESA and EFH rather than a BE, Grette will only charge time needed to prepare the letter through this task. Task 500 Estimated Fee - $6,795.00 Task 600 – Permit Application and Project Coordination Grette Associates will coordinate with the USACE during review of the federal permit application for the project. This task includes submittal of the appliable application materials for the project, and subsequent coordination with the USACE project manager. This task assumes that any pre-submittal coordination with the USACE will be virtual. This task also includes time to coordinate with the project engineer regarding design requirements and time to attend any virtual meetings requested by local, state, and/or federal agencies as well as to provide any technical assistance during the permitting process. Task 600 Estimated Fee - $5,223.00 AGENDA ITEM #5. e) Exhibit A - Sub 1101 Fawcett Avenue Suite 200 Tacoma, Washington 98402 253.383.4940 January 5, 2024 Moffatt & Nichol 600 University Street, Suite 610 Seattle, Washington 98101 Attention: Matt Perry Subject: Proposal Geotechnical Evaluation Services Springbrook Trail Boardwalk Renton, Washington File No. 0693-094-00 INTRODUCTION AND PROJECT UNDERSTANDING We look forward to continuing our working relationship with Moffat & Nichol and the City of Renton. We understand that the Springbrook Trail Boardwalk for the City of Renton partially burned and that the City wants to replace the burned section as quickly as practical. We understand the original boardwalk was supported with Diamond Piers and that the City wants to replace the boardwalk with a similar foundation system. Our geotechnical scope of services in support of this project will include the following. SCOPE OF SERVICES 1. Review existing subsurface information including publicly available geologic maps, an October 2005 geotechnical report prepared by Hart Crowser and a design letter for Diamond Pier Foundations prepared April 2007 by Creative Engineering Options. 2. Perform one brief site reconnaissance to observe current site conditions. 3. Provide our opinion on the suitability of Diamond Pier or similar small diameter driven pile systems for foundation support. 4. Provide recommended soil parameters for use in design of Diamond Pier or similar driven pin-pile foundations. We anticipate providing design parameters for soil unit weight, friction angle, and cohesion as appropriate. 5. Present our conclusions and design recommendations in a brief geotechnical design memorandum. AGENDA ITEM #5. e) Exhibit A - Sub City of Renton | January 5, 2024 Page 2 SCHEDULE, TERMS, AND FEE ESTIMATE We are in a position to begin work promptly after receiving authorization to proceed. We propose our services be completed in accordance with the terms described in our General Conditions, which are attached and form a part of this proposal. Please review our General Conditions carefully and advise us if you have any questions or desire to modify the terms of our agreement. We can also review terms proposed by Moffatt & Nichol. The fee for our services will be based on our standard schedule of charges which is attached as part of this proposal. We estimate the fee for our services will be $6,500. We will endeavor to keep you apprised of project status and conditions that may significantly affect our scope and estimate. We will not exceed this fee without a modification in the scope. We will not proceed with a change in scope without first notifying you of the circumstances, discussing alternatives, and receiving your authorization. There are no intended third-party beneficiaries arising from the services described in this proposal and no party other than the party executing this proposal shall have the right to legally rely on the product of our services without prior written permission of GeoEngineers. File No. 0693-094-00 AGENDA ITEM #5. e) Agreement and Authorization for Professional Services PROJECT INFORMATION Date: 02/13/2024 Job Number: Within Metro jurisdiction:  Yes  No Job Name: Renton Boardwalk - WA Project Manager: Jason Magalen Principal (Director) : Blair Carlson Site Address: 27th Street and Lind Ave SW City: Renton County: King State: WA Zip: 98057 Tax Lot/Parcel: 1253810090 Map: n/a Lat: 47°27'18.74"N Long: 122°13'37.96"W Scope of Work/ Notes: Topographic survey will extend 25-ft past the burned section, 50 feet outward from the boardwalk perimeter, and back across the roadway right of way to the top back of curb. Deliverables: Standard CAD charting with contours and labeling as appropriate. CLIENT INFORMATION Client/Name: Moffatt & Nichol Address: 505 S 336th St, Suite 510 | Federal Way, WA 98003 OfficePhone:--2-5-3-.2-3-7-.5-9-3-9-------------------------- Office Fax:--------------------------------------- Primary Contact: Matt Perry Phone: 253.237.5939 Mobile: 206.245.6873 Email: mperry@moffattnichol.com BILLING INFORMATION Billing Contact: Matt Perry Phone: 253.237.5939 Mobile: 206.245.6873 Email: mperry@moffattnichol.com Invoice Delivery:  Email  USPS address: Fee Type:  Hourly: Estimate: -----------------------------  Deposit/Retainer:  Lump Sum: Amount:_$3,950  Retainage: % This agreement includes General Client Approval: Date: Provisions. Please review prior to (Client Signature) signing this agreement. (Print Name) AKS Approval: Date: 02/13/2024 (Principal [Director] Signature) Blair Carlson (Print Name) BEND, OR KEIZER, OR THE DALLES, OR TUALATIN, OR TRI-CITIES, WA Exhibit A - Sub VANCOUVER, WA WHITE SALMON, WA 2777 NW Lolo Drive 3700 River Road N 3775 Crates Way 12965 SW Herman 723 The Parkway 9600 NE 126th Avenue 107 W Jewett, Ste 100 Ste 150 Ste 1 The Dalles, OR 97058 Road, Ste 100 Richland, WA 99352 Ste 2520 White Salmon, WA Bend, OR 97703 Keizer, OR 97303 (541) 296-9177 Tualatin, OR 97062 (509) 905-0219 Vancouver, WA 98682 98672 (541) 317-8429 (503) 400-6028 (503) 563-6151 (360) 882-0419 (509) 281-3227 www.aks-eng.com AGENDA ITEM #5. e) Exhibit A- Sub Limits of Work AGENDA ITEM #5. e) III. SUBCONSULTANT COSTS Cost Markup Cost Subtotal 1 Grette Associates $25,628.00 $2,562.80 $28,190.80 2 GeoEngineers $6,500.00 $650.00 $7,150.00 3 AKS $3,950.00 $395.00 $4,345.00 4 5 6 7 8 9 10 Subconsultants Totals: $36,078.00 $3,607.80 $39,685.80 IV. OTHER DIRECT COSTS Cost Markup Cost Subtotal Airfare N/A Lodging N/A Meals N/A Mileage/Rental Car N/A Outside Reproduction Postage/Delivery Telephone/Fax I&R/Diving Equipment $275.00 N/A $275.00 Other: Misc Costs N/A Other: Other Direct Costs Totals: $275.00 $275.00 V. PROJECT SUMMARY Total M&N Labor Cost $102,010 Total Subconsultant Cost: $36,078 Total Other Direct Costs: $275 Mark-up on Subconsultants: $3,608 Mark-up on ODCs: Total Project Estimate $141,971 Project Number: Project Manager: Matt Perry Project Director: Bruce Ostbo Subconsultant Markup: Other Direct Costs Markup: 10% 10% Moffatt & Nichol Fee Proposal Detail City of Renton Springbrook Trail Boardwalk Fire Damage Repalcement 13/Feb/2024 Exhibit A I. STAFF-HOUR BUDGET LABOR CLASSIFICATIONS & CONTRACT RATES Phase Task Principal Eng./Sci P-9, P-8 Supervisory Eng./Sci P-7 Senior Eng./Sci P-6 Eng./Sci III P-5 Eng./Sci II P-4 Eng./Sci I P-3 Staff Eng. P-1, P-2 Sr Tech 4 T-4 Designer T-4 CADD II T-3 CADD I T-2, T-1 Project Controls A-4 Word Processor A-4, A-3 General Clerical A-1, A-2 STAFF-HOUR SUBTOTALS LABOR COST SUBTOTALS $320.00 $310.00 $265.00 $235.00 $200.00 $170.00 $160.00 $220.00 $165.00 $135.00 $115.00 $155.00 $140.00 $100.00 1 1 Site Investigation Existing Document Review 8.0 12.0 20.0 $3,920.00 Site investigation 12.0 12.0 $2,820.00 2 Environmental Services 4.0 8.0 12.0 $2,300.00 3 Geotechnical Investigation 4.0 4.0 $940.00 4 90 Percent Design and JARPA Basis of Design 16.0 4.0 20.0 $4,440.00 Load Develpoment 8.0 20.0 28.0 $5,280.00 Superstructure design (girder, joist, decking) 12.0 40.0 52.0 $9,620.00 Substructure design (posts, footings) 8.0 24.0 32.0 $5,960.00 Design of misc components (handrails, etc) 8.0 12.0 20.0 $3,920.00 90 Percent Plan Set 60.0 40.0 100.0 $17,400.00 90 Percent Specifications 50.0 50.0 $10,000.00 Opinion of Probable Construction Costs 8.0 8.0 $1,880.00 JARPA 8.0 8.0 24.0 16.0 56.0 $10,960.00 QA/QC 24.0 2.0 8.0 34.0 $9,270.00 5 Final Design Final Plan Set 20.0 20.0 40.0 $6,700.00 Final Specifications 10.0 10.0 $2,000.00 QA/QC 4.0 4.0 $1,240.00 6 Project Management Project Setup, Invoicing, Coordination 4.0 2.0 6.0 $1,250.00 QA/QC Plan 1.0 1.0 2.0 $545.00 Safety Documents 0.5 2.0 2.5 $625.00 Meetings 4.0 4.0 $940.00 I. TOTAL STAFF HOURS 29.5 8.0 109.0 164.0 128.0 76.0 2.0 516.5 II. M&N LABOR COST $9,145.00 $2,120.00 $25,615.00 $32,800.00 $21,760.00 $10,260.00 $310.00 $102,010.00 AGENDA ITEM #5. e) Project Area: Springbrook Trail Boardwalk Repairs This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 3/18/2024 Legend 136 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet136 0 68 Wetlands Project Area Springbrook Creek Wetland and Habitat Mitigation Bank SW 27th Street Lind Avenue SWAGENDA ITEM #5. e) AB - 3534 City Council Regular Meeting - 01 Apr 2024 SUBJECT/TITLE: Increased Bonus Pay for Lateral Officers RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Police Department STAFF CONTACT: Jon Schuldt, Chief EXT.: 7555 FISCAL IMPACT SUMMARY: Increase the hiring bonus for lateral officers to a $20,000 payment upon hire date and a second $20,000 payment upon completion of their one-year probation. SUMMARY OF ACTION: The Department has two options for filling officer vacancies. One of them is to hire entry level officers and send them to the academy. The other option is to hire experienced officers from within Washington or from out of state. These experienced officers are called “Lateral Officers” and require a substantial less amount of time to be deployed as a fully functional officer to solo patrol. In the State of Washington, an entry level officer attends the Basic Law Enforcement Academy for eighteen weeks upon initial hire date. The Department typically assigns a hire date four weeks prior to the start of the academy. Once the candidate successfully completes the basic academy, they begin a two week post academy training at the Department. The post-academy training is then followed by an additional eighteen weeks of field training before the officer can be on his/her own. In a perfect scenario, it takes approximately forty-two weeks upon the initial hire date until the officer is filling a position in patrol as a fully functional officer. The typical training required of a lateral officer consists of the two-week orientation followed by twelve to eighteen weeks of field training. This allows us to deploy an officer within fourteen to twenty weeks upon hire date. As of today, the Department has:  Six unfilled commissioned officer positions;  Five entry level officers are currently in the academy, with three more pending to start employment is scheduled to start in June. The Department currently has a bonus program for lateral officers consisting of a $10,000 payment upon hire date and a second $10,000 payment upon completion of their one-year probation. I am proposing increasing the bonus to a $20,000 payment upon hire date and a second $20,000 payment upon completion of their one-year probation. They would then be obligated to a 3-year contract with the department, if they leave to another agency within those three years, they are responsible to pay back the entirety of the payment. Our proposal is to use this as a temporary incentive through the end of the year, the incentive would then revert back to the previous approved amount. AGENDA ITEM #5. f) The Department is saving at least twenty-two weeks of compensation by hiring a lateral officer in exchange for $40,000. The yearly pay for an entry level officer (with benefits) is $140,000. Adjust that to a twenty-two- week schedule and it equates to a savings of $59,200. The department will also save on registration fees paid to CJTC for each student officer while at the academy, $5,000 per student. We would have a $25,000 savings, while also getting an experienced officer. The $40,000 bonus would come from salary savings from unfilled positions, a budget adjustment would not be necessary. By implementing this proposal, we are looking to increase our applicant pool and allow us to deploy officers at a much faster rate. This shall expire on December 31, 2024, and will revert back to the current incentives. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Approve the proposed change in compensation for lateral officers AGENDA ITEM #5. f) POLICE DEPARTMENT M E M O R A N D U M DATE:March 19, 2024 TO:Ed Prince, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Jon Schuldt, Chief of Police STAFF CONTACT:Jon Schuldt X7555 SUBJECT:Increased Bonus Pay for Experienced Officer Applicants ISSUE Should the Police Department increase the compensation to attract experienced commissioned officers to fill current vacancies? RECOMMENDATION Approve the recommendation of the Department to increase compensation to attract experienced officers to fill vacancies. OVERVIEW The Department has two options for filling officer vacancies. One of them is to hire entry level officers and send them to the academy. The other option is to hire experienced officers from within Washington or from out of state. These experienced officers are called “Lateral Officers” and require a substantial less amount of time to be deployed as a fully functional officer to solo patrol. In the State of Washington, an entry level officer attends the Basic Law Enforcement Academy for eighteen weeks upon initial hire date. The Department typically assigns a hire date four weeks prior to the start of the academy. Once the candidate successfully completes the basic academy, they begin a two week post academy training at the Department. The post-academy training is then followed by an additional eighteen weeks of field training before the officer can be on his/her own. In a perfect scenario, it takes approximately forty-two weeks upon the initial hire date until the officer is filling a position in patrol as a fully functional officer. The typical training required of a lateral officer consists of the two-week orientation followed by twelve to eighteen weeks of field training. This allows us to deploy an officer within fourteen to twenty weeks upon hire date. AGENDA ITEM #5. f) As of today, the Department has: •Six unfilled commissioned officer positions; •Five entry level officers are currently in the academy, with three more pending to start employment is scheduled to start in June. The Department currently has a bonus program for lateral officers consisting of a $10,000 payment upon hire date and a second $10,000 payment upon completion of their one-year probation. I am proposing increasing the bonus to a $20,000 payment upon hire date and a second $20,000 payment upon completion of their one-year probation. They would then be obligated to a 3-year contract with the department, if they leave to another agency within those three years, they are responsible to pay back the entirety of the payment. Our proposal is to use this as a temporary incentive through the end of the year, the incentive would then revert back to the previous approved amount. The Department is saving at least twenty-two weeks of compensation by hiring a lateral officer in exchange for $40,000. The yearly pay for an entry level officer (with benefits) is $140,000. Adjust that to a twenty-two-week schedule and it equates to a savings of $59,200. The department will also save on registration fees paid to CJTC for each student officer while at the academy, $5,000 per student. We would have a $25,000 savings, while also getting an experienced officer. The $40,000 bonus would come from salary savings from unfilled positions, a budget adjustment would not be necessary. By implementing this proposal, we are looking to increase our applicant pool and allow us to deploy officers at a much faster rate. CONCLUSION Staff recommends Council approve the proposed change in compensation and benefits for lateral officers. AGENDA ITEM #5. f) AB - 3539 City Council Regular Meeting - 01 Apr 2024 SUBJECT/TITLE: Project Acceptance: CAG-21-261 with Gary Harper Construction, Inc for the Lift Station and Force Main Rehab Phase 2 Project RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Mike Benoit, Wastewater Utility Project Manager EXT.: 7206 FISCAL IMPACT SUMMARY: The original contract amount was $518,571.00 and the final amount is $474,455.12, a decrease of $44,115.88 due to a decrease in quantities under the existing scope of work. The contract was fully funded through the Wastewater Utility Capitol budget (426.465508 & 426.465516). There is sufficient funding in the approved Wastewater Utility Capital Improvement Fund budgets to cover the project costs. SUMMARY OF ACTION: The Lift Station and Force Main Rehab Phase 2 Project contract was awarded to Gary Harper Construction, Inc. on January 25, 2021. The contractor began construction on February 26, 2021 and completed construction on August 31, 2023. The last of the paperwork needed to closeout the project has been received. The project consisted of Work at Baxter, Devil’s Elbow, and East Valley lift stations:  (Mechanical Improvements) Installation of pigging port access assemblies, vactor piping installation inside wet wells, pump impeller replacement.  (Structural Improvements) Removal of existing wet well coating.  (Electrical Improvements) Rerouting secondary conductors, emergency engine generator installation and its ancillary equipment, modifying and replacing existing control panels.  (Force Main Improvements) Installation of magnetic markers along force main alignment. (Site Improvements at Devil’s Elbow Lift Station) Slope stabilization, storm drainage improvements to protect our access road. EXHIBITS: A. Notice of Completion of Public Works Contract B. Final Contract Voucher Certificate STAFF RECOMMENDATION: Accept the Lift Station and Force Main Rehab Phase 2 Project and authorize release of retainage after 60 days once all the required releases from the Washington State Labor & Industries and Dept of Finance have been obtained. AGENDA ITEM #5. g) F215-038-000 Notice of Completion of Public Works Contract 05-2020 Notice of Completion of Public Works Contract Department Use Only Assigned to Date Assigned Date Form Version Revision Reason Awarding Agency Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Prime Contractor Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Project Information Project Name Contract Number Affidavit ID Number Jobsite Address City State Zip Code Date Awarded Date Work Commenced Date Work Completed Date Work Accepted Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement Have Subcontractors been used? Yes No If yes, complete Addendum A Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No Detailed Description of Work Completed DOR Tax Information Calculated Amount Liquidated Damages Additions (+) Amount Disbursed Reductions (-) Amount Retained Sub-Total Other Sales Tax Amount Sales Tax Rate Total Total Both totals must to be equal - If multiple sales tax rates, attach a list Apprentice Utilization Information Was apprentice utilization required? Yes No Engineer’s Estimate: Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No payment shall be made from the retained funds until receipt of all release certificates and affidavits. Complete and submit for by email to all three agencies below Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 890-3499 publicworks@esd.wa.gov AGENDA ITEM #5. g) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020 AGENDA ITEM #5. g) AGENDA ITEM #5. g)