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HomeMy WebLinkAboutFinal Agenda Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, April 2, 2018 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Sexual Assault Awareness Month - April 2018 4. SPECIAL PRESENTATION a) Gary Kohlwes House Resolution 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENTS • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of March 26, 2018. Council Concur b) AB - 2110 Mayor Law reappoints the following individuals to the Renton Municipal Arts Commission for terms expiring on 12/31/2020: Sue Gow, Neil Sheesley, and Adrienne LaFaye. Council Concur c) AB - 2114 Administrative Services Department recommends approval of the 2018 Carry Forward and 2018 1st Quarter Budget adjustment, which amends the 2017/2018 Biennial Budget appropriations in the amount of $81,141,977 with the total amended budget to be $645,488,253 for the biennium. Refer to Finance Committee d) AB - 2116 Administrative Services Department requests authorization to overfill the Senior Network Systems Specialist position, at Step C of salary grade a25, for the period of November 1, 2018 through January 31, 2019 due to the incumbent's retirement. Refer to Finance Committee e) AB - 2084 Community Services Department recommends approval of a Federal Land and Water Conservation Fund (LWCF) grant agreement, to accept $470,760 (the grant agreement will be amended to the full $500,000 once the Federal budget is approved), for Phase II improvements of a three phase design and development project for the Sunset Neighborhood Park. Refer to Finance Committee f) AB - 2108 Community Services Department recommends approval of an King County Youth and Amateur Sports Fund grant agreement, to accept $175,000 in grant funds, for Phase II improvements at Sunset Neighborhood Park. Refer to Finance Committee g) AB - 2115 Community Services Department requests authorization to hire a Capital Project Coordinator/Parks at Step E of salary grade a28. Refer to Finance Committee h) AB - 2107 Human Resources / Risk Management Department recommends adoption of a resolution adopting the revised 457(b) Deferred Compensation Plan, effective as of November 1, 2017, and to adopt the 457 Deferred Compensation Plan Committee Operating Guidelines, effective as of February 21, 2018. Council Concur 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Transportation Committee: RAAC Appointments - Carlson & Nice 9. LEGISLATION Resolution: a) Resolution No. 4337: Adopting Revised 457(b) Plan Documents 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - 7th Floor - Council Chambers 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 DenisLawMayorProcCamationWñereas,SexualAssaultAwarenessMonthcallsattentiontothefactthatsexualviolenceiswidespreadandimpactseverypersoninthiscommunity;andWfiereas,inWashingtonState,45%ofwomenand22%ofmenreporthavingexperiencedsexualviolenceintheirlifetime;andWñereas,inKingCounty,6,657adultsandchildrenreceivedsexualassaultservicesataccreditedCommunitySexualAssaultProgramslastyear;andWhereas,nationally,oneinfivechildrenunder18aresexuallyabused;andinKingCountylastyear,2,000childrenandyouthwhohavebeensexuallyabusedreceivedservicesfromtheKingCountySexualAssaultResourceCenter;andWhereas,in2016,18%of10thgradersinWashingtonreportedthattheyhadbeenmadetoengageinunwantedkissingorsexualcontact;andWhereas,negativeimpactsofsexualviolencetraumaonwomen,men,children,andyouthincludefear,concernforsafety,symptomsofpost-traumaticstressdisorder,injury,andmissedworkorschool;andWhereas,workingtogethertoeducateourcommunityaboutsexualviolence,supportsurvivorswhentheycomeforward,speakoutagainstharmfulattitudesandactions,andengageinbest-practicesexualviolencepreventionworkhelpsendsexualviolence;Wow,therefore,I,DenisLaw,MayoroftheCityofRenton,doherebyproclaimApril2018tobeSeuaCAssauttlwarenessUVlontfiintheCityofRenton,andIencourageallcitizenstojoinmeinthisspecialobservance,andjoinadvocatesandcommunitiesacrossthecountryintakingactiontopreventsexualviolence.InwitnesswhereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis2nddayofApril,2018.DenisLaw,MayorCityofRenton,WashingtonRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) HOUSE RESOLUTION By Representative Bergquist WHEREAS, Dr. Gary Kohlwes was the superintendent for the Renton School District from 1974 to 1997 where his steadfast leadership and guidance was seen by many; and WHEREAS, Dr. Kohlwes empowered and encouraged countless teachers, students, and administrators that contributed to the strength and success of the Renton School District; and WHEREAS, Dr. Kohlwes attended Western Washington University for his bachelor’s and master’s degrees, and ultimately obtained his doctorate in educational psychology from the University of Washington; and WHEREAS, many of his academic colleagues describe him as a supportive and honest person, who is tough-minded, multifaceted, and hard-working; and WHEREAS, in his community, Dr. Kohlwes served as Director of First Financial Northwest Bank, a position which he held for 36 years and later served as Chairman of the Board for 4 years; and WHEREAS, Dr. Kohlwes was able to give back to his community as Executive Director and Trustee of the First Financial Northwest Foundation through various charitable causes, including a recent three million dollar donation to Doug Baldwin’s Family First Community Center in Renton’s Benson Hill/Cascade neighborhood; and WHEREAS, various Renton civic organizations have benefitted from the leadership of Dr. Kohlwes, including the Renton Rotary Club where he served as a past president and is still active; and WHEREAS, Dr. Kohlwes also took great pride as a college basketball coach and trainer at Western Washington University; and WHEREAS, he was a high school teacher, and as coach, once led the Arlington High School football team through an undefeated season; and WHEREAS, Dr. Kohlwes has dedicated an immeasurable amount of personal time to his community and has shown his devotion through acts of service and valuable contributions; and WHEREAS, Dr. Kohlwes and his wife, Elizabeth, have raised two boys and two girls, all graduates of Renton High School, during their marriage of over 60 years; NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize Dr. Gary Kohlwes for his long dedication as a teacher, superintendent and Director in Washington State, and, above all, wish him the best health and happiness in his retirement. AGENDA ITEM #4. a) March 26, 2018 REGULAR COUNCIL MEETING MINUTES  MINUTES  City Council Regular Meeting  7:00 PM ‐ Monday, March 26, 2018  Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way    CALL TO ORDER AND PLEDGE OF ALLEGIANCE     Mayor Law 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  Randy Corman  Ryan McIrvin  Ruth Pérez  Armondo Pavone  Carol Ann Witschi  Councilmembers Absent:  Don Persson                        MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL EXCUSE ABSENT  COUNCILMEMBER DON PERSSON. CARRIED.    ADMINISTRATIVE STAFF PRESENT    Denis Law, Mayor  Jay Covington, Chief Administrative Officer  Alex Tuttle, Assistant City Attorney   Jason Seth, City Clerk  Jan Hawn, Administrative Services Administrator  Gregg Zimmerman, Public Works Administrator  Preeti Shridhar, Deputy Public Affairs Administrator  Cliff Long, Economic Development Director  Commander Jeff Eddy, Police Department              AGENDA ITEM #7. a) March 26, 2018 REGULAR COUNCIL MEETING MINUTES  PROCLAMATION    Sikh Heritage Day:  A proclamation by Mayor Law was read declaring April 14, 2018 to be Sikh  Heritage Day in the City of Renton, and encouraging all citizens to join in this special  observance. Satwinder Kaur accepted the proclamation with appreciation and invited  everyone to attend a special event at the Showare Center in Kent on May 26, 2018  celebrating Sikh heritage.      MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR IN THE  PROCLAMATION. CARRIED.    ADMINISTRATIVE REPORT    Chief Administrative Officer Jay Covington reviewed a written administrative report  summarizing the City’s recent progress towards goals and work programs adopted as part of  its business plan for 2018 and beyond. Items noted were:      Beginning April 1, 2018, Medicare will start a year‐long project to replace all current  Medicare cards for beneficiaries to convert from using social security numbers to  using alphanumeric ID numbers. All new Medicare cards will come in the mail.  Nothing needs to be requested. There is a current scam whereby someone claiming  to be from Medicare will call to say a card is on the way but that a temporary card is  needed and a fee is required for the temporary card. They will ask for personal  information so they can process the temporary card. Remember: Medicare handles  all communications by mail unless you call them.   Sunday, April 1st through Wednesday, June 6th. The Solid Waste Utility is launching  the “Bring Your Own Bag (BYOB)” campaign in efforts to reduce plastic bag use and  litter throughout the city. The public is encouraged to bring reusable bags when  shopping and complete an online survey about plastic bag use. The survey is available  at surveymonkey.com/r/PlasticBagRenton through June 6th. Questions may be  directed to Solid Waste Senior Program Specialist Jina Kim at Jkim@rentonwa.gov or  by calling 425‐430‐7391.   Wednesday, March 28th, 7:30 a.m. Mayor Denis Law will give the State of the City  address at Renton Technical College. Tickets are $25 with all proceeds benefiting  Renton Technical College Foundation’s student scholarship fund.   Join Renton Police Officers at one of the Coffee with a Cop events. The mission of  Coffee with a Cop is to break down barriers between police officers and the citizens  they serve by removing agendas and allowing opportunities to ask questions, voice  concerns, and get to know the officers in your neighborhood. The next Coffee with a  Cop will take place on Wednesday, March 28th from 10:00 a.m. to 12:00 p.m. at  Starbucks, Benson Plaza, 17901 108th Avenue SE, Renton, WA 98055.   Preventative street maintenance will continue to impact traffic and result in  occasional street closures.             AGENDA ITEM #7. a) March 26, 2018 REGULAR COUNCIL MEETING MINUTES  AUDIENCE COMMENTS     Howard McOmber, Renton, remarked that REACH (Renton Ecumenical Association of  Churches) will be holding a sunrise service at Gene Coulon Memorial Beach Park on  Easter Sunday, April 1, 2018. He also encouraged everyone to donate to REACH at  reachrenton.org, noting the funds are used to support homeless programs.     CONSENT AGENDA  Items listed on the Consent Agenda were adopted with one motion, following the listing.   a) Approval of Council Meeting minutes of March 19, 2018. Council Concur.   b) AB ‐ 2106 Administrative Services Department requested approval to write off bad debt in the  total amount of $36,436.64. Refer to Finance Committee.    MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE  CONSENT AGENDA, AS PRESENTED. CARRIED.    UNFINISHED BUSINESS   a) Utilities Committee Chair Witschi presented a report concurring in the staff recommendation to  authorize the Mayor and City Clerk to execute the agreement with GeoEngineers, Inc. in the  amount of $963,864 for post‐construction documentation and mitigation monitoring for the  Cedar River Maintenance Dredge Project.     MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.   b) Utilities Committee Chair Witschi presented a report concurring in the staff recommendation to  approve the 2017 Update to the Water Resource Inventory Area (WRIA) 8 Chinook Salmon  Conservation Plan and adopt the resolution ratifying the Plan.     MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE  COMMITTEE RECOMMENDATION. CARRIED.   c) Finance Committee Vice Chair Pérez presented a report concurring in the staff recommendation  to approve the following claims and payroll vouchers:   1. Accounts Payable – total payment of $4,894,097.87 for vouchers 363968 ‐ 364358; payroll  benefit withholding vouchers 5761‐5771, 20218, 30918 and 363956‐363966; and three wire  transfers.  2. Payroll – total payment of $1,351,006.27 for payroll vouchers which includes 633 direct  deposits and 13 checks (February 16‐28 2018 pay period).  3. Kidder Mathews – total payment of $39,054.47 for vouchers 1327‐1328 and 5601‐5619.      MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE  RECOMMENDATION. CARRIED.   d) Finance Committee Vice Chair Pérez presented a report concurring in the staff recommendation  to authorize the Mayor to sign the purchase order for 25 COBANTech In‐Car Camera units to  equip the Renton Police Department new vehicles in the amount of $141,488.88.    MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE  RECOMMENDATION. CARRIED.   AGENDA ITEM #7. a) March 26, 2018 REGULAR COUNCIL MEETING MINUTES  e) Finance Committee Vice Chair Pérez presented a report concurring in the staff recommendation  to authorize the Mayor and City Clerk to enter into an agreement to join FileLocal as a principal  member for the purpose of providing an online business licensing system with an annual cost of  $40,000 and a one‐time implementation fee of $17,000. The Committee further recommended  adoption of the related resolution.    MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE  RECOMMENDATION. CARRIED.    LEGISLATION   Resolution(s):   a) Resolution No. 4335: A resolution was read authorizing the Mayor and City Clerk to enter into  an Interlocal Agreement with the Cities of Bellevue, Everett, Lake Forest Park, Seattle, and  Tacoma to join the Washington Multi‐City Business License and Tax Portal Agency, d/b/a  FileLocal, as a principal city.    MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION  AS READ. CARRIED.   b) Resolution No. 4336: A resolution was read ratifying the 2017 update to the Lake  Washington/Cedar/Sammamish Watershed (Water Resource Inventory Area (WRIA) 8)  Chinook Salmon Conservation Plan.    MOVED BY WITSCHI, SECONDED BY MCIRVIN, COUNCIL ADOPT THE RESOLUTION  AS READ. CARRIED.    NEW BUSINESS   Please see the attached Council Committee Meeting Calendar.    Councilmember Corman remarked that he would like to add the topic of modes of transit  such as light rail and bus rapid transit to the Transportation (Aviation) Committee.    MOVED BY CORMAN, SECONDED BY PÉREZ, COUNCIL REFER THE TOPIC OF A  NEAR TERM AND LONG TERM UNIFIED PLAN FOR MULTI‐MODAL TRANSIT  SERVICE IN RENTON TO THE TRANSPORTATION (AVIATION) COMMITTEE.  CARRIED.    ADJOURNMENT    MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL ADJOURN. CARRIED. TIME:  7:26 P.M.    Jason A. Seth, CMC, City Clerk  Jason Seth, Recorder  Monday, March 26, 2018  AGENDA ITEM #7. a) Council Committee Meeting Calendar March 26, 2018 April 2, 2018 Monday 4:30 PM Transportation Committee, Chair Corman – Council Conference Room 1. RAAC Appointments – Carlson & Nice 2. Emerging Issues in Transportation 5:00 PM Community Services Committee, Chair Pérez – Council Conference Room 1. Human Services Division Update 2. Sister Cities Update 3. Emerging Issues in Community Services 5:30 PM Committee of the Whole, Chair Prince – Conferencing Center 1. Affordable Housing Task Force Update 2. Insurance/Benefits Annual Report (including Deferred Comp Plan Update) AGENDA ITEM #7. a) AB - 2110 City Council Regular Meeting - 02 Apr 2018 SUBJECT/TITLE: Reappointments for Renton Municipal Arts Commission RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 FISCAL IMPACT SUMMARY: No fiscal impact. SUMMARY OF ACTION: Mayor Law reappoints the following to the Renton Municipal Arts Commission: Ms. Sue Gow, for a term expiring 12/31/20 Mr. Neil Sheesley, for a term expiring 12/31/20 Ms. Adrienne LaFaye, for a term expiring 12/31/20 EXHIBITS: A. Recommendation memo STAFF RECOMMENDATION: Confirm Mayor Law's reappointments of Ms. Gow, Mr. Sheesley and Ms. LaFaye to the Renton Municipal Arts Commission. AGENDA ITEM #7. b) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMO RAN D U M DATE:February 7,2018 TO:Denis Law,Mayor -/y FROM:C.E.“Chip”Vincent,CEO Administrator &1 SUBJECT:Request for Reappointments to the Renton Municipal Arts Commission This memorandum is to request reappointment of the following Renton Municipal Arts Commission members,whose terms expired at the end last year.If reappointed,their new terms will expire on December 31,2020. Su Gow,has served on the RMAC since last spring,filling a position vacated by a commissioner who resigned before the completion of the term.She has been fully engaged in the work of the Commission and has expressed the desire to continue serving her community.The RMAC has recommended she be reappointed for a full three year term. During his term as Commissioner,Neil Sheesley has been particularly active by representing the RMAC at a wide variety of community events.He has used is knowledge of the local music scene to organize free musical entertainment from the Friday evening “Yappy Hour”at the Chamber of Commerce to community concerts such as the New Years’Eve Party at the Renton Civic Theatre. The Renton Outdoor Art Gallery,a venue for changing art in Downtown Renton,was the idea of Adrienne LaFaye.Adrienne conceived the idea,secured the funding from several sources,and worked with contractors to ensure the success of the project.She will continue to work on this project so other artists in the community have the opportunity to display their work. I request that you forward the names of Su Gow,Neil Sheesley,and Adrienne LaFaye to the Renton City Council with your recommendation for their reappointment to the Renton Municipal Arts Commission. AGENDA ITEM #7. b) AB - 2114 City Council Regular Meeting - 02 Apr 2018 SUBJECT/TITLE: 2018 Carry Forward and 1st Quarter Budget Amendment Ordinance RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Administrative Services Department STAFF CONTACT: Jan Hawn, ASD Administrator EXT.: 6858 FISCAL IMPACT SUMMARY: Amend the 2017/2018 appropriations in the amount of $81,141,977 with the total amended budget to be $645,488,253 for the biennium. SUMMARY OF ACTION: The proposed 2018 carry forward budget amendments will primarily continue projects not yet completed in 2017, it will also: 1. Incorporate new grants awarded and associated expenditures during the period; 2. Make adjustments to 2017-2018 budget for unanticipated or new revenues and expenditures; 3. Adjust various capital investment program (CIP) projects as needed. Overall the proposed budget adjustment totals $81.1 million, $79.1 million in carry forward and $2.1 million in new items. EXHIBITS: A. Issue Paper B. 2018 Budget Amendment Detail C. Position Change Memo 2018 CF & 1st Qtr BA D. 2017-2018 Vehicle Replacement 2018 CF & 1st Qtr BA E. Ordinance STAFF RECOMMENDATION: Approve amendment and adopt ordinance amending 2017 -2018 Budget appropriations in the amount of $81,141,977 with the total amended budget to be $645,488,253 for the biennium and present for first reading. AGENDA ITEM #7. c) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:April 2, 2018 TO:Ed Prince, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Jan Hawn, ASD Administrator STAFF CONTACT:Hai Nguyen, Sr. Finance Analyst SUBJECT:2018 Carry Forward and 1st Quarter Budget Amendment Ordinance ISSUE Should the 2017/2018 Budget be amended to incorporate items as detailed below and should the 2017/2018 Fee Schedule be amended to incorporate changes? RECOMMENDATION Adopt the ordinance amending the 2017/2018 Biennial Budget. OVERVIEW At the end of 2017, the overall fund balance was $85.7M higher than budgeted, which is made up of $86.9M in unspent expenditure budgeted; and $1.3M in grants and other resources expected but not received at the end of 2017. Most of these unspent budgeted expenditures and revenues will be carried forward into 2018, which is the primary purpose of this budget adjustment. In addition to carry previously approved budgets forward, the proposed 2018 carry forward budget amendments will also 1) incorporate new grants awarded and associated expenditures during the period; 2) make adjustments to 2017/2018 budget for unanticipated or new revenues and expenditures; and 3) adjust various capital investment program (CIP) projects as needed. Overall the proposed budget adjustment totals $81.1M, $79.1M in carry forward and $2.1M in new items (of which $231K has already been approved by Council), as discussed in further detail below. I. PROPOSED GENERAL GOVERNMENTAL ADJUSTMENTS: The General Governmental operations ended 2017 with $12.3M in additional fund balance, made up of $7.4M in expenditure savings and a revenue surplus of $5M. The proposed budget amendment includes $739K in grants, donations, and other revenues that we expect to receive in 2018 and $3.2M in proposed expenditure adjustments that are described below. The majority of the expenditure adjustment are $2.9M in carry forward items and $286K in new appropriations. The adjustments will leave $32.8M in General Fund Balance, which represents 32% of expenditure budget. AGENDA ITEM #7. c) Ed Prince, Council President Page 2 of 6 March 26, 2018 1. Executive (EXE) $92K: Carry forward $69K for CAO recruitment, policy analyst contract, and various city-wide memberships. Remaining $22K new adjustment is to recognize the 2017 Emergency Management Performance Grant (EMPG). 2. Administrative Services (AS) $141K: Carry forward $88.5K for 2017 voter registration invoice. Remaining $52.5K is for additional B&O Tax software costs, Senior Executive Institute (SEI) training, 2018 GOVQA FOIA subscription, and Laserfiche upgrades. Also convert 1.0 FTE Sr Finance Analyst to Finance Analyst 1. 3. City-Wide (CW) $1.05M: Carry forward $1 million transfer to Municipal CIP Fund 316 for the funding of Fire Station 15 furniture and equipment. Remaining $58K new adjustment is for Laserfiche upgrades. 4. City Attorney (CA) $16K: New adjustment to recognize Council approved AFSCME salary review/adjustment. 5. Community and Economic Development (CED) $626K: Carry forward $644K for consulting contracts, Arts Commission projects, 4Culture grant, AARP grant, Port of Seattle grant, and 2016 CDBG grant Façade Program. Remaining net -$18K new adjustment is for recognizing Council approved AFSCME salary review/adjustment ($12K) and adjustment to 2018 CDBG grant Façade Program (-$30K). 6. Police (PD) $870K: Carry forward $742K for Youth Program, Seizure Funds, and CSAM Program. Remaining $128K new adjustment is for PD Take Home Car’s IT M&O costs, PERS retro payment, additional photo enforcement cameras, 2018 GOVQA FOIA subscription, and 2015 JAG grant. 7. Human Resources & Risk Management (HR) $25K: Carry forward arbitration/attorney services balance. 8. Community Services (CS) $259K: Carry forward $247K for Human Services supplies/travel/training/services, Senior Center donations, Recreation marketing contract, Parks/Trails/Community Facilities Initiative, 2017 King County Special Recreation grant, Knotweed Control grant, 2017 Neighborhood Program grant, 2017 Holiday Lights, and United Way grant. Remaining net $12K new adjustment is for Best Starts for Kids grant ($87K, includes adding Limited Term 0.5 FTE Recreation Specialist), move a vehicle’s M&O/Replacement costs from Facilities to Community Services Administration ($6K), recognize a Council approved department reorganization (-$80K) and 2018 CDBG grant ($479). 9. Public Works (PW) $64K: Carry forward $50K for property damage balance. Remaining $14K new adjustment is for recognizing Council approved AFSCME salary review/adjustment. II. OTHER FUNDS: Combined, all other City funds will require a carry forward/adjustment appropriation of $78 million, majority is capital in nature. 1. Leased Facilities Fund (108) $138K: New adjustments for moving 0.5 FTE Facilities Tech from Facilities Fund 504, moving 1.0 FTE Facilities Custodian to Facilities Fund 504, adjust 200 Mill building occupancy levels, replace fire control panel at 200 Mill building, and City Hall 4th floor lease termination. AGENDA ITEM #7. c) Ed Prince, Council President Page 3 of 6 March 26, 2018 2. Hotel/Motel Tax Fund (110) $45K: Carry forward $35K for Renton Marketing Campaign balance. Remaining $10K new adjustment is to recognize the allocation of the 2018 Lodging Tax Advisory Committee funds approved by Council. 3. One Percent for Arts Fund (125) $39K: Carry forward Dragon Art project contract balance. 4. Impact Mitigation Fee Funds (305): $500K new adjustment transfer to Transportation CIP Fund 317 for Park Ave Extension project. 5. Municipal CIP Fund (316) $15.4M: $14.8M carry forward for various capital projects previously approved and $624K new adjustment for the following projects: a. Fire Station 15 furniture and equipment ($1M) b. Parks Rec and Open Space Plan ($39K) c. Urban Forestry Program ($23K) d. 2013 King County Proposition 1 Levy Funds (-$438K) Funded by $1.7M in carry forward of proceeds of sale of capital assets, grants, donations and $1M in new General Fund transfer/contribution. Remaining amount is funded by existing fund balance. 6. Transportation CIP Fund (317) $17M: $16.1M carry forward for various capital projects previously approved and $945K new adjustment for the following projects: a. Bridge Inspection ($20K) b. Catch Basin Repair ($100K) c. Street Overlay ($275K) d. Park Ave Extension ($500K) e. Main Ave S/Downtown Circulation ($50K) Funded by $11.5M in carry forward of grants, contributions, interfund transfers and $1.1M in new grants, contributions and interfund transfers. Remaining amount is funded by existing fund balance. 7. New Family First Center Development Fund (346) $106K: New adjustment for architectural contact previously approved by Council. 8. Airport Fund (402 & 422) $1.7M net adjustment: Carry forward $3.4M in previously approved capital projects and -$1.8M new adjustments for the following item/projects: a. AFSCME salary review/adjustment ($32K) b. Surface Water System (-$100K) c. Taxiway Alpha Rehab (-$1.7M) Funded by $361K in carry forward of a grant, revised lease revenue projections and $1.5M grant reduction. Remaining amount is funded by existing fund balance. AGENDA ITEM #7. c) Ed Prince, Council President Page 4 of 6 March 26, 2018 9. Golf Course Fund (404 & 424) -$110K: New adjustment to move 0.25 FTE Golf Course Custodian to Facilities Fund 504 and to recognize a Council approved department reorganization. 10. Waterworks Utility Systems (combined Water, Wastewater & Surface Water utilities) $40M: $39.9M carry forward for various previously approved capital projects. Also carried forward are $4.1 million in grants for associated capital projects. Remaining amount is funded by existing fund balance. $38K new adjustment is for recognizing Council approved AFSCME salary review/adjustment. 11. Equipment Rental Fund (501) $1.1M: for carry forward of approved 2017 equipment replacement ($671K), 3 additional vehicle replacements ($297K), and add 3 new pickup trucks ($107K) for the Community Services/Facilities. 12. Information Services Fund (503) $1.8M: $1.6M to carry forward various capital projects and $207K new adjustment for the following items: a. AFSCME Salary Review ($25K) b. PD Take Home Cars IT M&O ($27K) c. New IT Equip for Highlands Neighborhood Ctr ($4K) d. 2018 GOVQA FOIA Subscription ($15K) e. Laserfiche Upgrade/Add 55 Licenses ($115K) f. Additional B&O Tax Costs ($22K) Funded by $137K transfer from Police, Community Services, Finance and City-Wide (all GF) and the remainder in fund balance. 13. Facilities Fund (504) $387K: $129K Carry forward in previously approved projects. $258K new adjustment for the following items: a. Transfer Pool Maintenance to Facilities ($42K) b. Move a vehicle’s M&O/Replacement costs from Facilities to Community Services Administration (-$6K) c. Move 0.5 FTE Facilities Tech from Facilities to Leased Facilities (-$25K) d. Move 0.25 FTE Golf Course Custodian to Facilities ($27K) e. Move 1.0 FTE Leased Facilities Custodian to Facilities ($81K) f. Convert 1 Lead Custodian to 1 Lead Maintenance Custodian ($10K) g. Convert 1 Custodian or Maint Custodian to 1 Lead Maintenance Custodian ($23K) h. Add 3 new pickup trucks ($107K) 14. Communications Fund (505) $10K: New adjustment for additional graphic design services. III. CHANGES TO AUTHORIZED POSITIONS: AGENDA ITEM #7. c) Ed Prince, Council President Page 5 of 6 March 26, 2018 In summary, this proposed budget amendment will add 0.5 FTE the current adopted 2017/18 positions. See attached Position Change Memos for details. AGENDA ITEM #7. c) Ed Prince, Council President Page 6 of 6 March 26, 2018 CONCLUSION The 2018 carry forward and 1st quarter budget amendments will incorporate grants and associated expenditures awarded to the city during the period; make adjustments to 2017/2018 budget due to updated projections; and adjust various capital investment program (CIP) projects. Staff recommends Council approve the proposed adjustments. Attachments: Budget Amendment Ordinance, Exhibit A, and Exhibit B 2018 Carry Forward and 1st Qtr Budget Amendment Detail 2017-2018 Vehicle Replacement 2018 CF & 1st Qtr BA Position Change Memos 2018 CF & 1st Qtr BA AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 1/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? GENERAL FUND (Fund 0XX)Adopted  2018 Adjustment Amended Beginning Fund Balance 20,936,323                          12,348,515 33,284,838         REVENUES 100,191,383        PD Additional Photo Enforcement camera(s) at Sierra Heights Elem                         65,333 NEW Y CED 4Culture Grant                         10,000 CF y CED Port of Seattle Grant                         65,000 CF Y PD FY15 JAG Grant                         26,587 NEW Y EXE 2017 EMPG Grant                         22,523 NEW Y CS 2017 King County Grant Special Recreation                         10,000 CF Y CS Best Starts for Kids Grant                         86,505 NEW y CS Knotweed Control Grant                         79,253 CF Y CED Adjust 2018 CDBG award to Estimate                       (29,660) NEW Y CED 2016 CDBG Grant Façade Program                       403,648 CF Y CS Adjust 2018 CDBG award to Estimate                             (479) NEW Y Total Revenue Adjustment 100,191,383                              738,710 100,930,093       EXPENDITURES 98,302,133          EXE CAO Recruitment                           4,041 CF Y EXE Policy Analyst Contract                         62,458 CF Y EXE Misc CW Memberships                           2,907 CF Y AS Convert 1.0 FTE Sr Finance Analyst to Finance Analyst 1                                  ‐   NEW N AS Additional B&O Tax Costs                         22,000 NEW N AS Senior Executive Institute Training                         10,000 NEW N CW FS 15 FURNITURE & EQUIPMENT                   1,000,000 CF Y CW Laserfiche Upgrade/Add 55 Licenses                         58,000 NEW N CA AFSCME Salary Review                         16,422 NEW Y CED Bal Markers Architecture CAG‐17‐047                         50,467 CF Y CED Bal BERK Consulting CAG‐17‐212                         14,780 CF Y CED AFSCME Salary Review                         11,569 NEW Y CED RMAC committed Art Projects                         16,379 CF Y CED RMAC South Renton Capital Project                         50,000 CF Y CED 4Culture Grant                         10,000 CF y CED AARP Grant                           1,395 CF Y CED Port of Seattle Grant                         97,500 CF Y PD PD Take Home Cars IT M&O                         26,500 NEW N PD Retro PERS payment to DRS for K.Young                         32,987 NEW N PD Youth Program Fund Balance                           5,943 CF Y PD Additional Photo Enforcement camera(s) at Sierra Heights Elem                         38,000 NEW Y PD 2018 GOVQA FOIA Subscription                           5,500 NEW N PD FY15 JAG Grant                         25,013 NEW Y PD Seizure Fund Balance                       698,170 CF Y PD CSAM Violations                         16,161 CF Y PD CSAM Advoc/Rehab Program                         21,643 CF Y EXE 2017 EMPG Grant                         22,121 NEW Y AS 2017 Voter Registration CF                         88,500 CF Y AS 2018 GOVQA FOIA Subscription                           5,500 NEW N AS Laserfiche Upgrade/Add 55 Licenses                         15,000 NEW N HR Arbitration/Attorney Services                         25,000 CF Y CS HS funding transferred from Fund 004 in 2017, not spent                           7,500 CF Y CS Sr Ctr donation received 2017 for 2018 pancake breakfast                           1,450 CF N CS Sr Ctr donation received 2017 for 2018 BINGO program                           2,000 CF N CS Sr Ctr Fitness Equipment & Supplies donation balance                           8,823 CF Y CS New IT Equip for Highlands Neighborhood Ctr                                  ‐   NEW N CS Best Starts for Kids Grant                         86,505 NEW Y CS Move B155 from Facilities to CS Admin                           6,440 NEW N CS CS Reorg Approved 12/2017                       (80,283) NEW Y CS Rec Marketing ‐ Blue Sky Communications Contract                         10,000 CF Y CS Transfer Pool Maintenance to Facilities                                  ‐   NEW N CS Parks, Trails & Community Facilities Initiative                         55,671 CF Y CS 2017 King County Grant Special Recreation                           2,264 CF Y CS Knotweed Control Grant                         51,954 CF Y CS 2017 Neighborhood Program Grant award not paid                         35,242 CF Y H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 2/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? GENERAL FUND (Fund 0XX) continued CS 2017 Holiday Lights                         70,057 CF Y CS United Way grant balance                           1,774 CF Y PW AFSCME Salary Review                         14,474 NEW Y PW Property Loss CF Balance                         50,000 CF Y CED Adjust 2018 CDBG award to Estimate                       (29,660) NEW Y CED 2016 CDBG Grant Façade Program                       403,649 CF Y CS Adjust 2018 CDBG award to Estimate                             (479) NEW Y Total Expenditure Adjustment 98,302,133                            3,151,337 101,453,470       Ending Fund Balance 22,825,573                            9,935,888 32,761,461         ARTERIAL STREET FUND (Fund 102) Adopted  2018 Adjustment Amended Beginning Fund Balance 63,480                                          44,958 108,438               REVENUES 670,000                Total Revenue Adjustment 670,000                                                 ‐   670,000               EXPENDITURES 670,000                Total Expenditure Adjustment 670,000                                                 ‐   670,000               Ending Fund Balance 63,480                                          44,958 108,438               LEASED FACILITIES FUND (Fund 108)Adopted  2018 Adjustment Amended Beginning Fund Balance 291,284                                      319,771 611,055               REVENUES 902,550                CS Adjust 200 Mill to current occupancy levels                       229,000 NEW N CS 4th Floor City Hall Lease Termination                     (164,000) NEW N Total Revenue Adjustment 902,550                                        65,000 967,550               EXPENDITURES 845,090                CS Move 0.5 FTE Facilities Tech from Facilities to Leased Facilities                         25,416 NEW N CS Move 1.0 FTE Leased Facilities Custodian to Facilities                       (81,450) NEW N CS Realign Leased Facilities line items                                  ‐   NEW N CS Adjust 200 Mill to current occupancy levels                       110,000 NEW N CS 200 Mill Fire Control Panel Replacement                         98,000 NEW N CS 4th Floor City Hall Lease Termination                       (13,650) NEW N Total Expenditure Adjustment 845,090                                      138,316 983,406               Ending Fund Balance 348,745                                      246,455 595,199               HOTEL/MOTEL TAX (Fund 110)Adopted  2018 Adjustment Amended Beginning Fund Balance 226,608                                      234,826 461,434               REVENUES 265,000                EXE Remove RMC 2018 Member Contributions                       (65,000) NEW N Total Revenue Adjustment 265,000                                      (65,000) 200,000               EXPENDITURES 265,000                EXE Adjust to LTAC Allocation                         10,000 NEW Y EXE RMC contribution balance                         34,629 CF Y Total Expenditure Adjustment 265,000                                        44,629 309,629               Ending Fund Balance 226,608                                      125,197 351,805               ONE PERCENT FOR ARTS (Fund 125) Adopted  2018 Adjustment Amended Beginning Fund Balance 35,044                                          68,065 103,109               REVENUES 15,000                  Total Revenue Adjustment 15,000                                                   ‐   15,000                 EXPENDITURES 15,000                  CED 1% for Art Dragon Art Contract Bal                         38,683 CF Y Total Expenditure Adjustment 15,000                                          38,683 53,683                 Ending Fund Balance 35,044                                          29,382 64,426                 H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 3/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? CABLE COMMUNICATIONS (Fund 127) Adopted  2018 Adjustment Amended Beginning Fund Balance 394,504                                        77,985 472,489               REVENUES 97,674                  Total Revenue Adjustment 97,674                                                   ‐   97,674                 EXPENDITURES 97,674                  Total Expenditure Adjustment 97,674                                                   ‐   97,674                 Ending Fund Balance 394,504                                        77,985 472,489               SPRINGBROOK WETLANDS BANK (Fund 135) Adopted  2018 Adjustment Amended Beginning Fund Balance 334,025                                          2,503 336,528               REVENUES ‐                         Total Revenue Adjustment ‐                                                         ‐    ‐                        EXPENDITURES ‐                         Total Expenditure Adjustment ‐                                                         ‐    ‐                        Ending Fund Balance 334,025                                          2,503 336,528               IMPACT MITIGATION FUNDS (Fund 303, 304, 305)Adopted  2018 Adjustment Amended Beginning Fund Balance 2,382,349                              1,274,940 3,657,289           REVENUES 817,900                Total Revenue Adjustment 817,900                                                 ‐   817,900               EXPENDITURES 147,975                PW Park Ave Ext ‐ Transfer from Mitigation                       500,000 NEW N Total Expenditure Adjustment 147,975                                      500,000 647,975               Ending Fund Balance 3,052,274                                  774,940 3,827,214           H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 4/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? MUNICIPAL CIP FUND (Fund 316)Adopted  2018 Adjustment Amended Beginning Fund Balance 5,541,529                            14,130,167 19,671,696         REVENUES 4,627,000            CS FS 15 FURNITURE & EQUIPMENT                   1,000,000 NEW N CS Old Library Sale down payment at Closing                         85,000 CF Y CS Conservation Futures Grant                       400,000 CF Y CS KC Youth Sports Grant for Boathouse                         67,500 CF Y CS Rowing Club contribution to Boathouse dock project                         11,000 CF Y CS WA Dept of Commerce grant ‐ Sunset EIS Park                   1,129,907 CF Y Total Revenue Adjustment 4,627,000                              2,693,407 7,320,407           EXPENDITURES 8,926,046            CED Downtown Wayfinding                       463,094 CF Y CED Downtown Civic Core Vision & Action Plan                         72,889 CF Y CS First Floor Lobby Remodel                       396,040 CF Y CS City Hall Elevators                   2,054,732 CF Y CS Sr Center Banquet Room, HVAC Replacement, Kitchen                       393,218 CF Y CS City Wide Security System Upgrades                       129,531 CF Y CS Community Services Maintenance Shop Rehab                         19,473 CF Y CS Comm Svc Maintenance Shops Rehab                         19,473 CF Y CS Sign Shop Improvements                       781,224 CF Y CS FS 15 FURNITURE & EQUIPMENT                   1,000,000 NEW N CS Fire Station 15                       892,280 CF Y CS Boathouse dock replacement                       114,717 CF Y CS Henry Moses Aquatic Center                       119,860 CF Y CS Disaster Repairs                       200,000 CF Y CS Parks Rec and Open Space Plan                       155,000 CF Y CS Shift funding from Landscape Renovation & Repair                         38,737 NEW N CS Regis Park Athletic Field Expansion                       521,943 CF Y CS Pathway Sidewalk Patio Boardwalk Replacement                       365,215 CF Y CS Irrigation Automation & Conservation                         13,680 CF Y CS Tree Maintenance                       124,310 CF Y CS Urban Forestry Program                         18,060 CF Y CS 2017 Fees in Lieu Received                         23,220 NEW N CS Park MM ‐ Playgrounds, Kiosks, & Int Signs                       275,000 CF Y CS Parks MM ‐ Light System Upgrades                                  ‐   CF Y CS Parks MM ‐ Shoreline and Bank Stabilization                       237,500 CF Y CS Parks MM ‐ Boundary, Topographic & Site Prof Svc                         93,886 CF Y CS Parks MM ‐ Landscape Renovation & Repair                                  ‐   CF Y CS Parks MM ‐ Structural Reviews                         53,024 CF Y CS Ballfield Renovation Program                                  ‐   CF Y CS Riverview Park Bridge Replacement                         71,233 CF Y CS Sunset EIS Park                   2,171,636 CF Y CS Trails and Bicycle Master Plan                         32,304 CF Y CS Coulon Park 5 Year Structural Review                   2,732,898 CF Y CS KENYON PROPERTY ‐ BUILDING                       274,022 CF Y CS 2013 KC PROPOSITION 1 CAP EXP LEVY FUND                       230,910 CF Y CS 2017 Prop 1 in Excess of Budget                         13,942 NEW N CS Shift Prop 1 to Coulon Structural Improvements                     (451,852) NEW N CS NORTH HIGHLANDS PARK COMMUNITY GARDEN                           2,483 CF Y CS LIBERTY PARK IMPROVEMENTS                       951,852 CF Y CS TRANSPORTATION LANDSCAPE                       150,000 CF Y CS PHILIP ARNOLD PARK IMPROVEMENTS                       650,000 CF Y Total Expenditure Adjustment 8,926,046                            15,405,534 24,331,580         Ending Fund Balance 1,242,484                              1,418,040 2,660,523           H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 5/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? TRANSPORTATION CIP FUND (Fund 317)Adopted  2018 Adjustment Amended Beginning Fund Balance 1,058,672                              4,749,867 5,808,539           REVENUES 3,965,500            PW Multimodal Transportation                         80,000 NEW N PW NE 31st Street Culvert repair ‐ FEMA/WA Military Dept grant                       198,524 CF Y PW Sunset Lane ‐ Franchise Reimbursement                       200,000 CF Y PW Renton Ave Ext Pres ‐ Fed Grant Thru Wsd                       165,200 NEW N PW Park Ave Ext ‐ Transfer from Mitigation                       500,000 NEW N PW Rainier Ave S/N Phase 4 ‐ Fed STP                   1,276,521 CF Y PW Logan Ave N Fed STP/TIB                       211,245 CF Y PW NE 31st St Bridge Replacement ‐ Fed BRAC                       870,260 CF Y PW Ne 31St St Bridge Replc ‐ Fed Brac Wsdot                       191,545 NEW N PW N 27th Pl Culvert Scour Repair ‐ Fed BRAC                       328,843 CF Y PW N 27Th Pl Culvert Scour ‐ Fed Brac Wsdot                       200,866 NEW N PW Duvall Ave NE ‐ NE 10th St to Sunset Blvd                   3,247,790 CF Y PW Lake Washington Loop Trail ‐ Fed/WSDOT Grant & Airport Transfer                   1,579,850 CF Y PW Sunset Boulevard Corridor ‐ Fed Grant WSDOT                       462,475 CF Y PW Main Ave TIB                        314,988 CF Y PW Williams and Wells Ave Conversion Fed/WSDOT                   2,564,931 CF Y PW Carr Road Improvements ‐ Fed Safety                       246,385 CF Y Total Revenue Adjustment 3,965,500                            12,639,423 16,604,923         EXPENDITURES 3,965,500            PW Walkway Program ‐ Construction                           5,000 CF Y PW 4th and Taylor Ave ADA Ramps ‐ Construction                           4,564 CF Y PW NE 31st Street Culvert Repair ‐ Construction  Services                         15,000 CF Y PW Arterial Circulation Program ‐ Planning                           1,546 CF Y PW Bridge Inspection ‐ Preliminary Eng.                        56,944 CF Y PW Bridge Inspection ‐ Preliminary Eng.                        20,056 NEW N PW Roadway Safety & Guardrail ‐ Construction                         14,286 CF Y PW Catch Basin Repair                       100,000 NEW N PW Street Overlay ‐ Construction                       444,827 CF Y PW Street Overlay ‐ Construction                       275,173 NEW N PW Sunset Lane ‐ Construction                       700,289 CF Y PW Duvall Ave NE ‐ Construction                         10,000 CF Y PW Project Dev. & Predesign ‐ Planning                           4,562 CF Y PW S 7th St ‐ Rainier to Talbot Rd ‐ Construction                         14,599 CF Y PW Intelligence Transportation System ‐ Construction                           1,985 CF Y PW Renton Ave Extension ‐ Construction                       601,890 CF Y PW SW Grady Way Preservation ‐ Construction Services                         38,541 CF Y PW Park Ave Extension ‐ Preliminary Engineering                       149,909 CF Y PW Park Ave Extension ‐ Preliminary Engineering                       500,000 NEW N PW Rainier Ave S/N Phase 4 ‐ Preliminary Engineering                   1,005,282 CF Y PW SW 27th St/ Strander Blvd ‐ Construction                         50,000 CF Y PW Logan Ave N Improvements ‐ Construction                       251,410 CF Y PW Intersection Safety and Mobility ‐ Construction                     (149,652) CF Y PW NE 31st St Bridge Replacement                   1,562,277 CF Y PW N 27th Pl Culvert Repair                       605,330 CF Y PW Duvall Ave NE                   4,638,535 CF Y PW Barrier Free Transition Plan ‐ Construction                         24,829 CF Y PW Main Ave Alley ‐ Preliminary Engineering                       100,000 CF Y PW Sidewalk Rehabilitation ‐ Construction                       141,858 CF Y PW Lake Washington Loop Trail                   1,541,082 CF Y PW Highlands to Landing ‐ Construction                         23,011 CF Y PW Sunset Blvd Corridor Improvements ‐ Preliminary Engineering                       990,002 CF Y PW Preservation of Traffic Operation Device ‐ Construction                         81,237 CF Y PW Main Ave S/Downtown Circ.                      195,468 CF Y PW Main Ave S/Downtown Circ. ‐ Construction                         50,000 NEW N PW Williams Ave S & Wells Ave S Conversion                   2,856,236 CF Y PW Carr Road Improvements ‐ Preliminary Engineering                       117,555 CF Y Total Expenditure Adjustment 3,965,500                            17,043,631 21,009,131         Ending Fund Balance 1,058,672                                  345,659 1,404,331           H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 6/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? HOUSING OPPORTUNITY FUND (Fund 326) Adopted  2018 Adjustment Amended Beginning Fund Balance 2,541,173                                      7,802 2,548,975           REVENUES ‐                         Total Revenue Adjustment ‐                                                         ‐    ‐                        EXPENDITURES ‐                         Total Expenditure Adjustment ‐                                                         ‐    ‐                        Ending Fund Balance 2,541,173                                      7,802 2,548,975           NEW LIBRARY DEVELOPMENT FUND (Fund 336)Adopted  2018 Adjustment Amended Beginning Fund Balance 97,374                                        353,719 451,093               REVENUES ‐                         Total Revenue Adjustment ‐                                                         ‐    ‐                        EXPENDITURES ‐                         Total Expenditure Adjustment ‐                                                         ‐    ‐                        Ending Fund Balance 97,374                                        353,719 451,093               NEW FAMILY FIRST CENTER DEVELOPMENT FUND (Fund 346)Adopted  2018 Adjustment Amended Beginning Fund Balance 4,000,000                                  157,891 4,157,891           REVENUES ‐                         Total Revenue Adjustment ‐                                                         ‐    ‐                        EXPENDITURES ‐                         CS Baylis Architects Contract ‐ Family First Center                       106,000 NEW Y Total Expenditure Adjustment ‐                                              106,000 106,000               Ending Fund Balance 4,000,000                                    51,891 4,051,891           AIRPORT FUND (Fund 402/422)Adopted  2018 Adjustment Amended Beginning Fund Balance 337,162                                  3,122,027 3,459,189           REVENUES 4,531,809            PW Revised Airport Lease Revenues                       274,958 NEW Y PW FAA Grant 026 ‐ Master Plan Update                       361,095 CF Y PW Taxiway Alpha Rehab                  (1,530,000) NEW N Total Revenue Adjustment 4,531,809                                (893,947) 3,637,862           EXPENDITURES 4,552,790            PW AFSCME Salary Review                         31,656 NEW Y PW Shoreline Mitigation                       563,563 CF Y PW Airport Office Rehab                   2,550,176 CF Y PW Major Facility Maintenance                       (45,000) CF Y PW Surface Water System                     (100,000) NEW N PW Pavement Management Program ‐ Apron Pavement                     (150,000) CF Y PW SE Corner Land Acquisition/Demo                         47,500 CF Y PW Master Plan Update ‐ FAA Grant                       399,077 CF Y PW Taxiway Alpha Rehab                  (1,700,000) NEW N PW Environmental Impact Statement ‐ FAA Grant                         60,000 CF Y Total Expenditure Adjustment 4,552,790                              1,656,972 6,209,762           Ending Fund Balance 316,182                                      571,108 887,289               SOLID WASTE UTILITY FUND (Fund 403)Adopted  2018 Adjustment Amended Beginning Fund Balance 2,914,493                                    85,819 3,000,312           REVENUES 19,505,718          Total Revenue Adjustment 19,505,718                                           ‐   19,505,718         EXPENDITURES 19,368,508          Total Expenditure Adjustment 19,368,508                                           ‐   19,368,508         Ending Fund Balance 3,051,702                                    85,819 3,137,522           H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 7/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? GOLF COURSE FUND (Fund 404/424)Adopted  2018 Adjustment Amended Beginning Fund Balance 299,844                                    (294,577) 5,267                   REVENUES 2,912,920            Total Revenue Adjustment 2,912,920                                             ‐   2,912,920           EXPENDITURES 2,728,654            CS Move .25 FTE Golf Course Custodian to Facilities                       (26,721) NEW N CS CS Reorg Approved 12/2017                       (83,458) NEW Y Total Expenditure Adjustment 2,728,654                                (110,179) 2,618,475           Ending Fund Balance 484,110                                    (184,398) 299,712               WATER UTILITY FUND (Fund 405/425 & etc)Adopted  2018 Adjustment Amended Beginning Fund Balance 10,361,602                          23,551,965 33,913,567         REVENUES 17,420,439          Total Revenue Adjustment 17,420,439                                           ‐   17,420,439         EXPENDITURES 21,538,687          PW AFSCME Salary Review                         14,403 NEW Y PW Water System Plan Update                       400,000 CF Y PW Watermain Rehabilitation                   1,500,000 CF Y PW Reservoir recoating                         83,000 CF Y PW Reservoir PRV Meters                       120,000 CF Y PW Duvall Ave NE Water Improvements.                      360,000 CF Y PW I‐405 Utilities Redevelopment                       200,000 CF Y PW Automatic Meter Reading Conv.                      260,000 CF Y PW Highlands 435‐Reservoir Replacement                 12,300,000 CF Y PW Sunset Lane NE Water Main Improvements                         50,000 CF Y PW Kennydale 320‐Reservoir                   6,000,000 CF Y Total Expenditure Adjustment 21,538,687                          21,287,403 42,826,090         Ending Fund Balance 6,243,354                              2,264,562 8,507,916           WASTEWATER UTILITY FUND (Fund 406/416/426)Adopted  2018 Adjustment Amended Beginning Fund Balance 11,514,078                          10,985,693 22,499,771         REVENUES 27,582,026          PW Sunset Lane Area Sewer ‐ KCLS Reimbursement                         27,244 NEW N Total Revenue Adjustment 27,582,026                                  27,244 27,609,270         EXPENDITURES 29,590,679          PW AFSCME Salary Review                           6,436 NEW Y PW Misc. Sewer Projects                       150,000 CF Y PW Long‐Range WW Man. Plan                       250,000 CF Y PW WW Operations Master Plan                       250,000 CF Y PW SS Rehab ‐ Renton Hill                   1,800,000 CF Y PW Falcon Ridge Lift Sta. Repl.                  1,000,000 CF Y PW Thunder Hills Interceptor                    2,800,000 CF Y PW Forcemain Rehab/Repl                   1,100,000 CF Y PW Kennydale Lakeline Sys Eval                   1,400,000 CF Y PW SS Rehab ‐ Sunset Lane                         50,000 CF Y PW Lift Station Rehab                       400,000 CF Y PW Downtown Sewer Repl.                      400,000 CF Y Total Expenditure Adjustment 29,590,679                            9,606,436 39,197,115         Ending Fund Balance 9,505,425                              1,406,501 10,911,926         H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 8/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? SURFACEWATER UTILITY FUND (Fund 407/427)Adopted  2018 Adjustment Amended Beginning Fund Balance 7,583,567                              6,351,138 13,934,705         REVENUES 11,699,686          PW Water Quality Stormwater Capacity Grant                         15,000 CF Y PW ACOE 205 Project (Monitoring ‐ O&M)                      149,075 CF Y PW Cedar River Gravel Removal (Maint. Dredge) Project                   2,741,081 CF Y PW Renton Stormwater Manual Update                         35,000 CF Y PW Harrington Ave NE Stormwater Retrofit Project PH 2                       648,389 CF Y PW Madsen Creek Improvement Project Phase 1‐KCFCD                       472,000 CF Y Total Revenue Adjustment 11,699,686                            4,060,545 15,760,231         EXPENDITURES 14,594,383          PW AFSCME Salary Review                         17,569 NEW Y PW Professional Services                         22,005 CF Y PW Surface Water Utility System Plan                       191,820 CF Y PW Small Drainage Projects Program                       262,725 CF Y PW Mosquito Abatement Program ‐ Talbot Hill Area                         11,789 CF Y PW Madsen Creek Sedimentation Basin Cleaning                           8,227 CF Y PW Maplewood Golf Course Sedimentation Basin Cleaning                         11,546 CF Y PW ACOE 205 Project (Monitoring ‐ O&M)                        90,888 CF Y PW Cedar River Gravel Removal (Maint. Dredge) Project                   2,692,816 CF Y PW Renton Stormwater Manual Update                       128,706 CF Y PW Green River Watershed Forum Ecosystem Restoration Project                         30,000 CF Y PW Miscellaneous/Emergency Storm Projects                       139,890 CF Y PW Surface Water Utility GIS                           9,238 CF Y PW Hardie Ave S Underpass ‐ SW 7th St Storm System Improvement Project                       335,568 CF Y PW Stormwater Facility Fencing Project                       208,160 CF Y PW Harrington Ave NE Stormwater Retrofit Project PH 2                       745,296 CF Y PW Cedar River 205 Levee Recertification                       261,361 CF Y PW Rainier Ave/Oakesdale Ave Stormwater Pump Stations Upgrade                         10,656 CF Y PW Sunset Lane NE Storm System Improvement Project                       116,262 CF Y PW Renton Hill Storm System Improvement Project                   1,623,320 CF Y PW Downtown Storm System Improvement Project                   1,568,536 CF Y PW Heather Downs Detention Pond Retrofit                             (308) CF Y PW Madsen Creek Improvement Project Phase 1‐KCFCD                       519,132 CF Y Total Expenditure Adjustment 14,594,383                            9,005,202 23,599,585         Ending Fund Balance 4,688,870                              1,406,481 6,095,351           H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 9/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? EQUIPMENT RENTAL FUND (Fund 501)Adopted  2018 Adjustment Amended Beginning Fund Balance 5,193,293                              1,689,327 6,882,620           REVENUES 6,026,729            PW Sweeper E134 (Pool 25) Sale Proceeds/Insurance                       172,893 CF Y PW 3 New Facilities Vehicles Purchase                       107,000 New N Total Revenue Adjustment 6,026,729                                  279,893 6,306,622           EXPENDITURES 6,989,962            PW 3 New Facilities Vehicles Purchase                       107,000 New N PW Van Passenger B096 (Pool 32)                        30,000 CF Y PW Pickup compact C184 (Pool 32)                        35,000 CF Y PW Pickup 1/2 ton C201 (Pool 32)                        30,000 CF Y PW Van Passenger B107 (Pool 35)                        42,000 NEW N PW Arc Welder P009 (Pool 31)                          5,500 CF Y PW Turf Cleaner P038 (Pool 31)                          6,000 CF Y PW Turf Cleaner P039 (Pool 31)                          6,000 CF Y PW Aerator P056 (Pool 31)                          3,000 CF Y PW Rake P059 (Pool 31)                        10,000 NEW N PW Rotary Mower P082 (Pool 31)                        25,000 CF Y PW Sweeper E126 (Pool 25)                      280,000 CF Y PW Sweeper E134 (Pool 25)                      245,000 NEW N PW Pickup C173 (Pool 27)                        35,000 CF Y PW Pickup C224 (Pool 27)                        35,000 CF Y PW 1 TON SVC BODY D075 (Pool 27)                        60,000 CF Y PW Service Body D093 (Pool 27)                      120,000 CF Y Total Expenditure Adjustment 6,989,962                              1,074,500 8,064,462           Ending Fund Balance 4,230,060                                  894,720 5,124,780           INSURANCE FUND (Fund 502)Adopted  2018 Adjustment Amended Beginning Fund Balance 16,673,711                            1,057,419 17,731,130         REVENUES 3,307,514            Total Revenue Adjustment 3,307,514                                             ‐   3,307,514           EXPENDITURES 3,315,116            Total Expenditure Adjustment 3,315,116                                             ‐   3,315,116           Ending Fund Balance 16,666,108                            1,057,419 17,723,528         H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 10/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? INFORMATION SERVICES FUND (Fund 503)Adopted  2018 Adjustment Amended Beginning Fund Balance 1,372,414                              2,364,646 3,737,060           REVENUES 5,510,230            AS PD Take Home Cars IT M&O                         26,500 NEW N AS New IT Equip for Highlands Neighborhood Ctr                           4,350 NEW N AS 2018 GOVQA FOIA Subscription                         11,000 NEW N AS Laserfiche Upgrade/Add 55 Licenses                         73,000 NEW N AS Additional B&O Tax Costs                         22,000 NEW N Total Revenue Adjustment 5,510,230                                  136,850 5,647,080           EXPENDITURES 5,563,704            AS AFSCME Salary Review                         24,746 NEW Y AS PD Take Home Cars IT M&O                         26,500 NEW N AS CF 2017 Eden Service Contract                       143,847 CF Y AS Service Contracts                         12,000 CF Y AS GIS Capital                          85,000 CF Y AS Ent. Edge Wks (DT/LT/Tb/...)                        30,000 CF Y AS New IT Equip for Highlands Neighborhood Ctr                           4,350 NEW N AS Enterprise Edge Equipment                         80,000 CF Y AS Core Systems                       177,000 CF Y AS Network Appliances                       101,000 CF Y AS Network Connectivity                         95,000 CF Y AS Communications Systems                         10,000 CF Y AS Power/Utilities ‐ Minor Equip.                          5,000 CF Y AS Misc. Systems ‐ Minor Equip                           9,500 CF Y AS 2018 GOVQA FOIA Subscription                         14,745 NEW N AS Enterprise Systems ‐ Capital                       150,000 CF Y AS Laserfiche Upgrade/Add 55 Licenses                       115,000 NEW N AS Municipal Court Systems ‐ Capital Equip                         53,000 CF Y AS ASD Systems                          91,000 CF Y AS Additional B&O Tax Costs                         22,000 NEW N AS City Attorney Systems ‐Minor Equip                           5,000 CF Y AS CED Systems ‐Minor Equip                         30,000 CF Y AS Police Systems ‐Capital Equip                         56,000 CF Y AS RRFA Systems ‐ Capital Fire ‐ Capital                         15,000 CF Y AS Human Resources Systems ‐ Minor Equip                         12,000 CF Y AS Public Works Systems                       105,000 CF Y AS Community Services Systems ‐ Capital                       324,000 CF Y Total Expenditure Adjustment 5,563,704                              1,796,688 7,360,392           Ending Fund Balance 1,318,940                                  704,808 2,023,748           H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 11/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? FACILITIES SERVICES FUND (Fund 504)Adopted  2018 Adjustment Amended Beginning Fund Balance 1,036,677                                  494,070 1,530,747           REVENUES 4,887,148            CS Transfer Pool Maintenance to Facilities                         41,841 NEW N CS RFA Capital Reimbursed                         72,000 NEW N CS RFA Capital Reimbursed                           3,813 CF Y Total Revenue Adjustment 4,887,148                                  117,654 5,004,802           EXPENDITURES 4,978,288            CS Transfer Pool Maintenance to Facilities                         41,841 NEW N CS Move B155 from Facilities to CS Admin                         (6,440) NEW N CS Move 0.5 FTE Facilities Tech from Facilities to Leased Facilities                       (25,417) NEW N CS Move .25 FTE Golf Course Custodian to Facilities                         26,720 NEW N CS Move 1.0 FTE Leased Facilities Custodian to Facilities                         81,450 NEW N CS Convert 1 Lead Custodian to 1 Lead Maintenance Custodian                         10,067 NEW N CS Convert 1 Custodian or Maint Custodian to 1 Lead Maintenance Custodian                         22,809 NEW N CS 3 New Facilities Vehicles Purchase                       107,000 NEW N CS RFA Capital Reimbursed                                  ‐   NEW N CS FS11 Generator Replacement                         38,954 CF Y CS FS16 Window Replacement                         48,545 CF Y CS Pump Replacement at Coulon                         27,000 CF Y CS City‐wide Fitness Equipment Replacement                         14,296 CF Y Total Expenditure Adjustment 4,978,288                                  386,825 5,365,113           Ending Fund Balance 945,536                                      224,899 1,170,436           COMMUNICATIONS FUND (Fund 505)Adopted  2018 Adjustment Amended Beginning Fund Balance 544,706                                        63,439 608,145               REVENUES 1,102,300            Total Revenue Adjustment 1,102,300                                             ‐   1,102,300           EXPENDITURES 1,096,329            EXE Additional Graphic Design Services                         10,000 NEW N Total Expenditure Adjustment 1,096,329                                    10,000 1,106,329           Ending Fund Balance 550,678                                        53,439 604,116               EMPLOYEE HEALTHCARE INSURANCE FUND (Fund 512)Adopted  2018 Adjustment Amended Beginning Fund Balance 3,780,456                                  837,032 4,617,488           REVENUES 8,191,708            Total Revenue Adjustment 8,191,708                                             ‐   8,191,708           EXPENDITURES 8,578,084            Total Expenditure Adjustment 8,578,084                                             ‐   8,578,084           Ending Fund Balance 3,394,079                                  837,032 4,231,112           RETIREE HEALTHCARE INSURANCE FUND (Fund 522)Adopted  2018 Adjustment Amended Beginning Fund Balance 10,294,986                            1,592,358 11,887,344         REVENUES 1,257,849            Total Revenue Adjustment 1,257,849                                             ‐   1,257,849           EXPENDITURES 1,094,727            Total Expenditure Adjustment 1,094,727                                             ‐   1,094,727           Ending Fund Balance 10,458,107                            1,592,358 12,050,466         H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) 2018 Carry Forward and 1st Quarter Amendment Detail 12/12 FUND Adopted  2018 Adjustment Amended CF or NEW Prior Council Approval? FIREMEN'S PENSION FUND (Fund 611) Adopted  2018 Adjustment Amended Beginning Fund Balance 5,835,570                                    (2,673) 5,832,897           REVENUES 468,000                Total Revenue Adjustment 468,000                                                 ‐   468,000               EXPENDITURES 200,475                Total Expenditure Adjustment 200,475                                                 ‐   200,475               Ending Fund Balance 6,103,095                                    (2,673) 6,100,422           H:\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\2018 Carry Forward 1st Quarter Budget Amendment.xlsx 3/22/2018 AGENDA ITEM #7. c) \\rv12rfps01\Depts\FIS\Finance\Budget\1CY\2.Budget Adjustments\2018 Carryforward\Backup  Documentation\Memo ‐ convert SFA to FAI.docx  ADMINISTRATIVE SERVICES    M   E   M   O   R   A   N   D   U   M       DATE: February 28, 2018     TO: Ed Prince, Council President  Members of Renton City Council     VIA: Denis Law, Mayor     FROM: Jamie Thomas, Fiscal Services Director     SUBJECT: Request to Convert a Senior Finance Analyst Position (m25) to  Finance Analyst I Position (n11)     ISSUE  Should Council retroactively authorize the conversion of a previously vacant Senior  Finance Analyst position (pay grade m25) to a Finance Analyst I position (pay grade n11)?   The fiscal impact creates a minimum budget savings of $35,487 in 2018.  BACKGROUND  A Senior Finance Analyst position became vacant in June 2017 as a result of a retirement.   The finance department took advantage of this retirement to reassess finance task  assignments.  During this assessment, the finance department determined it could  operate more efficiently by reassigning and consolidating some lower‐level  reconciliations and cost tracking to just one position.  These consolidated tasks didn’t  necessarily require as much professional experience as the Senior Finance Analyst job  description requires, so the finance department recruited for, and retained, a Finance  Analyst I.  By hiring a Finance Analyst I instead of a Senior Finance Analyst the finance  department was able to gain efficiencies, provide opportunities for future job growth for  staff, and save a minimum of $35,487 per year in salary and benefit costs.    RECOMMENDATION  Retroactively authorize the conversion of a Senior Finance Analyst (m25) to a Finance  Analyst I (n11), for a minimum budget savings of $35,487 in 2018.    AGENDA ITEM #7. c) COMMUNITY SERVICES DEPARTMENT      M   E   M   O   R   A   N   D   U   M       DATE: March 15, 2018    TO: Ed Prince, Council President  Members of Renton City Council    VIA:    STAFF CONTACT:  Denis Law, Mayor    Michael Kirk, Facilities Director     SUBJECT: Facilities Position Changes In Fund 504, Fund 404 and Fund  108 to Accommodate and Support Business Needs and  Changes       ISSUE  The Facilities Division is requesting budget adjustments to accommodate and support  changes to its business model that will address maintenance needs and respond to  changes in revenue. The fiscal impact of those changes are as follows:    Fund 108: ‐$56,034.63 (Savings)   Fund 404: ‐$26,720.17 (Savings)   Fund 504:  $115,630.31 (Increase)    BACKGROUND  The Facilities is requesting several budget adjustments as a result of custodial personnel  needs and the loss of lease revenue from the vacation of Iron Mountain from the Fourth  Floor of City Hall. Consequently, the following position changes and budget adjustments  are being requested to accommodate and support the aforementioned business needs  and changes:     Move 0.5 FTE for a Facilities Tech from Facilities to Leased Facilities, which would result  in $25,416.53 being transferred from Fund 504 to Fund 108.   Move 1.0 FTE for a Custodian from Leased Facilities to Facilities, which would result in  $81,451.16 being transferred from Fund 108 to Fund 504.   Move 0.25 FTE for a Maintenance Custodian from Golf Course to Facilities, which would  result in $26,720.17 being transferred from Fund 404 to Fund 504.   Convert 1.0 FTE for a Lead Custodian to 1.0 FTE for a Lead Maintenance Custodian,  which would result in $10,066.64 increase in cost to Fund 504.   Convert 1.0 FTE for a Custodian to 1.0 FTE for a Lead Maintenance Custodian, which  would result in $22,808.87 increase in cost to Fund 504.     AGENDA ITEM #7. c)      The Net Effect by Fund of the above transfers and increases is:  • Fund 108: $25,416.53 ‐ $81,451.16 = ‐$56,034.63  • Fund 404: ‐$26,720.17  • Fund 504: ‐$25,416.53 + $81,451.16 + $26,720.17 + $10,066.64 +  $22,808.87 = $115,630.31    RECOMMENDATION  Authorize the following position changes, budget transfers and budget increases:    • Move 0.5 FTE for a Facilities Tech from Facilities to Leased Facilities, which would  result in $25,416.53 being transferred from Fund 504 to Fund 108.  • Move 1.0 FTE for a Custodian from Leased Facilities to Facilities, which would  result in $81,451.16 being transferred from Fund 108 to Fund 504.  • Move 0.25 FTE for a Maintenance Custodian from Golf Course to Facilities, which  would result in $26,720.17 being transferred from Fund 404 to Fund 504.  • Convert 1.0 FTE for a Lead Custodian to 1.0 FTE for a Lead Maintenance  Custodian, which would result in $10,066.64 increase in cost to Fund 504.  • Convert 1.0 FTE for a Custodian to 1.0 FTE for a Lead Maintenance Custodian,  which would result in $22,808.87 increase in cost to Fund 504.    The result of these position changes does not increase total authorized FTEs.    AGENDA ITEM #7. c) \\rv12rfps01\depts\fis\finance\budget\1cy\2.budget adjustments\2018 carryforward\backup documentation\memo  ‐ lt .5fte bsk grant position.docx  COMMUNITY SERVICES   DEPARTMENT    M   E   M   O   R   A   N   D   U   M       DATE: March 6, 2018    TO:      VIA:  Ed Prince, Council President   Members of Renton City Council     Denis Law, Mayor     CC: Kelly Beymer, Community Services Administrator  Misty Baker, Senior Finance Analyst       FROM: Maryjane Van Cleave, Recreation & Neighborhoods Director        SUBJECT: Limited Term 0.50 FTE Best Starts for Kids Grant Funded  Position          In December 2017 the Recreation and Neighborhood Division received a three year grant  from King County’s Best Start for Kids and School’s Out Washington in the amount of  $259,515. The Performance period for this contact is January 2, 2018 – December 31,  2020.  Council approved acceptance of these funds on January 22, 2018.      Grant funding has been allocated to support hiring a limited term 0.50 FTE Recreation  Specialist to run the day‐to‐day functions of this grant.  Staff recommend authorizing this  limited term position, with an intent to post this position by May and hire no later than  July 1st, 2018, and a position end date of December 31, 2020.      AGENDA ITEM #7. c) Addressee Name  Page 2 of 2  Date of Memo      \\rv12rfps01\depts\fis\finance\budget\1cy\2.budget adjustments\2018 carryforward\backup documentation\memo  ‐ lt .5fte bsk grant position.docx    AGENDA ITEM #7. c) Fund 501 ‐ Equipment Rental Fund2017‐2018 Vehicle Acquisitions/ReplacementsDept AssignedEquipment NumberMake Model DescriptionOriginal CostYear PurchasedLife2018 Replacement Cost2018 Proposed Changes2018 Replacement Cost (Adjusted)NotesCED Building InspectionA441 Toyota Prius Gas/Elect Hybrid 22,760    2005 10 35,000            35,000           CED Building InspectionB117 Jeep Cherokee Utility Vehicle small 23,053    2006 10 35,000            35,000           CED Code Enforcement B093 Jeep Cherokee SUV 22,692    2000 10 35,000            35,000           CED Inspection/PermitsB125 Jeep Commander Utility Vehicle small 23,922    2007 10 35,000            35,000           CED Inspection/PermitsB126 Jeep Commander Utility Vehicle small 22,150    2007 10 35,000            35,000           CS AdminB088 GMC Safari Van Van Passenger 20,672    1999 10 30,000            30,000           CS FacilitiesB095 Chevy Express van Van Passenger 18,350    2001 10 30,000            30,000           CS FacilitiesB096 Chevy Van Van Passenger 18,350    2001 10‐                  30,000           30,000           Carry ForwardCS FacilitiesC184 Chevy S‐10 Pickup compact 16,907    1998 10‐                  35,000           35,000           Carry Forward plus revised costsCS FacilitiesC201 Chevy Silverado Pickup 1/2 ton 18,189    2001 10‐                  30,000           30,000           Carry ForwardCS FacilitiesC212 GMC Canyon Pickup compact 15,212    2002 10 30,000            30,000           CS FacilitiesC225 Chevy Colorado Pickup compact 15,480    2004 10 30,000            30,000           CS FacilitiesNEW NEW NEW Pickup compact‐          8‐                  37,000           37,000           New, additional truckCS FacilitiesNEW NEW NEW Pickup compact‐          8‐                  37,000           37,000           New, additional truckCS FacilitiesNEW NEW NEW Pickup compact‐          8‐                  33,000           33,000           New, additional truckCS Human ServicesB107 Chevy Express Van Van Passenger 16,038    2002 10‐                  42,000           42,000           Did not replace when life was upCS Parks C188 Ford F350 Pickup 26,749    1999 10 35,000            35,000           CS Parks C200 Dodge 2500 Pickup 18,891    2001 10 35,000            35,000           CS Parks C213 Dodge 3500 Flatbed dump 24,183    2002 15 50,000            50,000           CS Parks D092 Ford F550 Stakebed dump 31,532    1999 15 40,000            40,000           CS Parks D097 Ford F550 Flatbed   33,844    2000 15 50,000            50,000           CS Parks D106 Ford F450 Bucket truck 70,142    2001 15 170,000         170,000        CS Parks P015 HWRD ROTO TILLER Rototiller 2,649      1995 15 7,000              7,000             CS Parks P009 LNCN Welder Arc Welder 1,600      1995 10‐                  5,500             5,500             Carry ForwardCS Parks P038 MTRO Turf Cleaner Turf Cleaner 2,375      1995 5‐                  6,000             6,000             Carry ForwardCS Parks P039 MTRO Turf Cleaner Turf Cleaner 2,375      1995 5‐                  6,000             6,000             Carry ForwardCS Parks P056 JNDR Aerator Aerator 2,991      1995 10‐                  3,000             3,000             Carry ForwardCS Parks P059 York Rake Rake 2,054      1988 5‐                  10,000           10,000           Did not replace when life was upCS Parks P082 WOOD Mower Rotary Mower 6,120      1995 5‐                  25,000           25,000           Carry ForwardCS Parks P106 JNDR Gator Gator 6X4 7,462      1999 10 10,000            10,000           CS Parks P113 JNDR Gator Gator 6X4 8,226      2000 10 10,000            10,000           CS Parks P130 JNDR PROGator ProGator 16,439    2004 10 20,000            20,000           CS Senior CenterB103 Champ Challenger 14 pass bus with lift 61,028    2002 10 71,000            71,000           Police Patrol A443 Ford Crown Victoria Police pursuit 23,129    2006 4 60,000            60,000           Police Patrol A484 Ford Interceptor Sedan Police pursuit 36,405    2012 4 60,000            60,000           Police Patrol A485 Ford Interceptor Sedan Police pursuit 36,078    2012 4 60,000            60,000           Police Patrol NEW NEW NEW Police pursuit ‐          8 1,650,000      1,650,000     PW Street Maint D090 Dodge 3500 Flatbed dump 23,240    1999 15 50,000            50,000           PW Street Maint D104 Dodge 3500 Flatbed dump 29,372    2001 15 50,000            50,000           PW Street Maint E097 BOMG BW 100AD3 Vibrator 29,968    1998 5 40,000            40,000           PW Street Maint E104 CTPL 924G Loader 109,163  2000 15 175,000         175,000        PW Street Maint E113 NEHD TV145 Mower 108,540  2006 5 180,000         180,000        PW Street Maint E115 ASPH AZ550 Asphalt Zipper 106,570  2007 5 220,000         220,000        PW Street Maint E126 INTR Tymco Sweeper 204,976  2008 4‐                  280,000        280,000        Carry ForwardPW Street Maint E134 Elgin Crosswind Sweeper 248,821  2015‐                  245,000        245,000        TotaledPW Street Maint S183 CRAF Pavement cutter Pavement Saw 8,303      2001 5 20,000            20,000           PW Street Maint E129 Elgin Road Wizard Sweeper 261,838  2012 4 280,000         280,000        PW Surface Water Maint D101 Ford F450 Flatbed 30,307    2000 15 50,000            50,000           PW Surface Water Maint E122A INTE Vactor Vactor 311,073  2008 4 420,000         420,000        PW Water Engineering B082 Jeep Cherokee SUV 20,972    1999 10 29,000            29,000           H:\Finance\City Departments\Public Works\Fleet\2017‐2018 Vehicle Replacement.xlsx ‐ 2018 Carry ForwardPage 1 of 2AGENDA ITEM #7. c) Fund 501 ‐ Equipment Rental Fund2017‐2018 Vehicle Acquisitions/ReplacementsDept AssignedEquipment NumberMake Model DescriptionOriginal CostYear PurchasedLife2018 Replacement Cost2018 Proposed Changes2018 Replacement Cost (Adjusted)NotesPW Water Maint B148A Chevy Trailblazer SUV 22,186    2008 10 29,000            29,000           PW Water Maint C173 Chevy S‐10 Pickup 13,298    1995 10‐                  35,000           35,000           Carry Forward plus revised costsPW Water Maint C218 Ford Ranger Pickup 17,377    2002 10 30,000            30,000           PW Water Maint C224 Ford Ranger Pickup 17,511    2003 10‐                  35,000           35,000           Carry Forward plus revised costsPW Water Maint D075 Ford F450 1 TON SVC BODY 18,870    1994 10‐                  60,000           60,000           Carry ForwardPW Water Maint D093 Ford F550 Service Body 60,374    1999 15‐                  120,000        120,000        Carry ForwardTotal:4,196,000$    1,074,500$   5,270,500$   H:\Finance\City Departments\Public Works\Fleet\2017‐2018 Vehicle Replacement.xlsx ‐ 2018 Carry ForwardPage 2 of 2AGENDA ITEM #7. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEARS 2017/2018 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 5824 AND THEREAFTER AMENDED BY ORDINANCE NOS. 5835, 5850 AND 5864, IN THE AMOUNT OF $81,141,977. WHEREAS, on November 21, 2016, the City Council adopted Ordinance No. 5824 approving the City of Renton’s 2017/2018 Biennial Budget; and WHEREAS, on April 24, 2017, the Council adopted Ordinance No. 5835 carrying forward funds appropriated in 2016, but not expended in 2016 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2017; and WHEREAS, on July 17, 2017, the Council adopted Ordinance No. 5850 making minor corrections and recognizing grants, contributions and associated costs and new cost items not included in the budget, which required additional adjustments to the 2017/2018 Biennial Budget; and WHEREAS, on November 13, 2017, the Council adopted Ordinance No. 5864 providing a mid-biennial review pursuant to RCW 35A.34.130, creating a new Family First Center Development Fund 346 to better track the resources and costs related to this project, and otherwise updating and adjusting the 2017/2018 Biennial Budget ; and WHEREAS, funds appropriated in 2017, but not expended in 2017 due to capital project interruptions and delays in invoice payments, need to be carried forward and appropriated for expenditure in 2018; and AGENDA ITEM #7. c) ORDINANCE NO. _______ 2 WHEREAS, minor corrections and the recognition of grants, contributions and associated costs and new cost items not included in the budget require additional adjustments to the 2017/2018 Biennial Budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Ordinance Nos. 5824, 5835, 5850 and 5864 establishing the City of Renton’s 2017/2018 Biennial Budget are hereby amended in the total amount of $81,141,977 for an amended total of $645,488,253 over the biennium. SECTION II. The 2018 Carry Forward/1st Quarter Budget Adjustment Summary by Fund is hereby attached as Exhibit A and the 2017 Adjusted Budget Summary by Fund is hereby attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _______________________, 2018. Denis Law, Mayor Approved as to form: AGENDA ITEM #7. c) ORDINANCE NO. _______ 3 Shane Moloney, City Attorney Date of Publication: ORD:2012:3/20/18:scr AGENDA ITEM #7. c) ORDINANCE NO. _______ 4 Exhibit A: 2018 Carry Forward/1st Quarter Budget Adjustment Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2018 Beg Fund Bal Changes 2018 Adj. Fund Bal 2018 Budgeted Revenue Changes 2018 Adjusted Revenue 2018 Budgeted Expenditure Changes 2018 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 000 GENERAL 12,041,651 10,666,415 22,708,066 69,157,742 189,443 69,347,185 67,041,323 2,461,456 69,502,779 22,552,472 22,552,472 001 COMMUNITY SERVICES 3,740,257 1,100,736 4,840,993 13,425,796 175,758 13,601,554 13,443,212 251,897 13,695,109 4,747,438 4,747,438 003 STREETS 2,635,056 508,848 3,143,904 11,288,240 - 11,288,240 11,378,757 64,474 11,443,231 2,988,913 2,988,913 004 COMMUNITY DEVELOPMENT BLOCK GRANT 19,154 35,132 54,286 424,857 373,509 798,366 424,857 373,510 798,367 54,285 54,285 005 MUSEUM 70,033 959 70,992 239,129 - 239,129 241,246 - 241,246 68,875 68,875 009 FARMERS MARKET 94,608 10,715 105,323 59,400 - 59,400 69,494 - 69,494 95,229 (95,229) - 21X GENERAL GOVERNMENT MISC DEBT SVC 2,335,564 25,710 2,361,274 5,596,219 - 5,596,219 5,703,244 - 5,703,244 2,254,249 - 2,254,249 Total General Governmental Funds 20,936,323 12,348,515 33,284,838 100,191,383 738,710 100,930,093 98,302,133 3,151,337 101,453,470 32,761,461 (95,229) 32,666,232 - 102 ARTERIAL STREETS 63,480 44,958 108,438 670,000 - 670,000 670,000 - 670,000 108,438 108,438 108 LEASED CITY PROPERTIES 291,284 319,771 611,055 902,550 65,000 967,550 845,090 138,316 983,406 595,199 595,199 110 SPECIAL HOTEL-MOTEL TAX 226,608 234,826 461,434 265,000 (65,000) 200,000 265,000 44,629 309,629 351,805 351,805 125 ONE PERCENT FOR ART 35,044 68,065 103,109 15,000 - 15,000 15,000 38,683 53,683 64,426 64,426 127 CABLE COMMUNICATIONS DEVELOPMENT 394,504 77,985 472,489 97,674 - 97,674 97,674 - 97,674 472,489 472,489 135 SPRINGBROOK WETLANDS BANK 334,025 2,503 336,528 - - - - - - 336,528 336,528 303 COMMUNITY SERVICES IMPACT MITIGATION 1,607,134 302,221 1,909,355 86,500 - 86,500 - - - 1,995,855 1,995,855 304 FIRE IMPACT MITIGATION 547,467 389,505 936,972 99,000 - 99,000 142,975 - 142,975 892,997 892,997 305 TRANSPORTATION IMPACT MITIGATION 227,748 583,214 810,962 632,400 - 632,400 5,000 500,000 505,000 938,362 938,362 316 MUNICIPAL FACILITIES CIP 5,541,529 14,130,167 19,671,696 4,627,000 2,693,407 7,320,407 8,926,046 15,405,534 24,331,580 2,660,523 2,660,523 317 CAPITAL IMPROVEMENT 1,058,672 4,749,867 5,808,539 3,965,500 12,639,423 16,604,923 3,965,500 17,043,631 21,009,131 1,404,331 (440,000) 964,331 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING 2,541,173 7,802 2,548,975 - - - - - - 2,548,975 (2,500,000) 48,975 336 NEW LIBRARY DEVELOPMENT 97,374 353,719 451,093 - - - - - - 451,093 451,093 346 NEW FAMILY FIRST CENTER DEVELOPMENT 4,000,000 157,891 4,157,891 - - - - 106,000 106,000 4,051,891 4,051,891 402 AIRPORT OPERATIONS & CIP 337,162 3,122,027 3,459,189 4,531,809 (893,947) 3,637,862 4,552,790 1,656,972 6,209,762 887,289 (191,445) 695,845 403 SOLID WASTE UTILITY 2,914,493 85,819 3,000,312 19,505,718 - 19,505,718 19,368,508 - 19,368,508 3,137,522 (400,000) 2,737,522 404 GOLF COURSE SYSTEM & CAPITAL 299,844 (294,577) 5,267 2,912,920 - 2,912,920 2,728,654 (110,179) 2,618,475 299,712 (209,474) 90,238 405 WATER OPERATIONS & CAPITAL 10,361,602 23,551,965 33,913,567 17,420,439 - 17,420,439 21,538,687 21,287,403 42,826,090 8,507,916 (2,959,983) 5,547,933 406 WASTEWATER OPERATIONS & CAPITAL 11,514,078 10,985,693 22,499,771 27,582,026 27,244 27,609,270 29,590,679 9,606,436 39,197,115 10,911,926 (1,840,615) 9,071,310 407 SURFACE WATER OPERATIONS & CAPITAL 7,583,567 6,351,138 13,934,705 11,699,686 4,060,545 15,760,231 14,594,383 9,005,202 23,599,585 6,095,351 (1,195,736) 4,899,616 501 EQUIPMENT RENTAL 5,193,293 1,689,327 6,882,620 6,026,729 279,893 6,306,622 6,989,962 1,074,500 8,064,462 5,124,780 5,124,780 502 INSURANCE 16,673,711 1,057,419 17,731,130 3,307,514 - 3,307,514 3,315,116 - 3,315,116 17,723,528 (16,869,232) 854,295 503 INFORMATION SERVICES 1,372,414 2,364,646 3,737,060 5,510,230 136,850 5,647,080 5,563,704 1,796,688 7,360,392 2,023,748 2,023,748 504 FACILITIES 1,036,677 494,070 1,530,747 4,887,148 117,654 5,004,802 4,978,288 386,825 5,365,113 1,170,436 1,170,436 505 COMMUNICATIONS 544,706 63,439 608,145 1,102,300 - 1,102,300 1,096,329 10,000 1,106,329 604,116 604,116 512 HEALTHCARE INSURANCE 3,780,456 837,032 4,617,488 8,191,708 - 8,191,708 8,578,084 - 8,578,084 4,231,112 (2,573,425) 1,657,687 522 LEOFF1 RETIREES HEALTHCARE 10,294,986 1,592,358 11,887,344 1,257,849 - 1,257,849 1,094,727 - 1,094,727 12,050,466 (12,050,466) - 611 FIREMENS PENSION 5,835,570 (2,673) 5,832,897 468,000 - 468,000 200,475 - 200,475 6,100,422 (6,100,422) - Total Other Funds 94,708,602 73,320,177 168,028,778 125,764,700 19,061,069 144,825,769 139,122,672 77,990,640 217,113,312 95,741,235 (47,330,798) 48,410,437 TOTAL ALL FUNDS 115,644,924 85,668,692 201,313,616 225,956,083 19,799,779 245,755,862 237,424,805 81,141,977 318,566,782 128,502,695 (47,426,027) 81,076,669 2 year total 161,537,590 506,984,889 19,799,779 526,784,668 564,346,276 81,141,977 645,488,253 128,502,695 (47,426,027) 81,076,669 AGENDA ITEM #7. c) ORDINANCE NO. _______ 5 Exhibit B: 2017 Adjusted Budget Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2017 Beg Fund Bal Changes 2017 Adj Fund Bal 2017 Budgeted Changes 2017 Adjusted 2017 Budgeted Changes 2017 Adjusted Ending Fund Balance Reserved/ Designated Available Fund Balance 000 GENERAL 18,201,028 - 18,201,028 71,439,589 - 71,439,589 77,598,966 - 77,598,966 12,041,651 12,041,651 001 COMMUNITY SERVICES 3,769,766 - 3,769,766 13,857,754 - 13,857,754 13,887,263 - 13,887,263 3,740,257 3,740,257 003 STREETS 1,936,367 - 1,936,367 12,005,024 - 12,005,024 11,306,335 - 11,306,335 2,635,056 2,635,056 004 COMMUNITY DEVELOPMENT BLOCK GRANT 66,654 - 66,654 936,292 - 936,292 983,792 - 983,792 19,154 19,154 005 MUSEUM 72,372 - 72,372 233,936 - 233,936 236,275 - 236,275 70,033 70,033 009 FARMERS MARKET 90,730 - 90,730 114,844 - 114,844 110,966 - 110,966 94,608 (94,608) - 21X GENERAL GOVERNMENT MISC DEBT SVC 2,426,868 - 2,426,868 5,975,325 - 5,975,325 6,066,629 - 6,066,629 2,335,564 - 2,335,564 Total General Governmental Funds 26,563,785 - 26,563,785 104,562,763 - 104,562,763 110,190,225 - 110,190,225 20,936,323 (94,608) 20,841,715 102 ARTERIAL STREETS 63,480 - 63,480 660,000 - 660,000 660,000 - 660,000 63,480 63,480 108 LEASED CITY PROPERTIES 276,865 - 276,865 902,550 - 902,550 888,131 - 888,131 291,284 291,284 110 SPECIAL HOTEL-MOTEL TAX 402,602 - 402,602 225,000 - 225,000 400,994 - 400,994 226,608 226,608 125 ONE PERCENT FOR ART 128,489 - 128,489 24,505 - 24,505 117,950 - 117,950 35,044 35,044 127 CABLE COMMUNICATIONS DEVELOPMENT 394,504 - 394,504 122,674 - 122,674 122,674 - 122,674 394,504 394,504 135 SPRINGBROOK WETLANDS BANK 334,025 - 334,025 - - - - - - 334,025 334,025 303 COMMUNITY SERVICES IMPACT MITIGATION 1,255,194 - 1,255,194 406,014 - 406,014 54,074 - 54,074 1,607,134 1,607,134 304 FIRE IMPACT MITIGATION 607,163 - 607,163 99,000 - 99,000 158,696 - 158,696 547,467 547,467 305 TRANSPORTATION IMPACT MITIGATION 1,497,748 - 1,497,748 620,000 - 620,000 1,890,000 - 1,890,000 227,748 227,748 316 MUNICIPAL FACILITIES CIP 15,038,030 - 15,038,030 15,161,013 - 15,161,013 24,657,514 - 24,657,514 5,541,529 5,541,529 317 CAPITAL IMPROVEMENT 5,640,494 - 5,640,494 20,512,188 - 20,512,188 25,094,010 - 25,094,010 1,058,672 (440,000) 618,672 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING 1,041,173 - 1,041,173 1,500,000 - 1,500,000 - - - 2,541,173 (2,500,000) 41,173 336 NEW LIBRARY DEVELOPMENT 1,122,601 - 1,122,601 - - - 1,025,227 - 1,025,227 97,374 97,374 346 NEW FAMILY FIRST CENTER DEVELOPMENT - - - 4,000,000 - 4,000,000 - - - 4,000,000 4,000,000 402 AIRPORT OPERATIONS & CIP 2,619,343 - 2,619,343 3,405,842 - 3,405,842 5,688,023 - 5,688,023 337,162 (173,563) 163,599 403 SOLID WASTE UTILITY 2,751,417 - 2,751,417 19,187,851 - 19,187,851 19,024,775 - 19,024,775 2,914,493 (400,000) 2,514,493 404 GOLF COURSE SYSTEM & CAPITAL 37,088 - 37,088 2,893,044 - 2,893,044 2,630,288 - 2,630,288 299,844 (143,549) 156,295 405 WATER OPERATIONS & CAPITAL 28,528,934 - 28,528,934 20,636,268 - 20,636,268 38,803,600 - 38,803,600 10,361,602 (2,933,371) 7,428,230 406 WASTEWATER OPERATIONS & CAPITAL 18,854,320 - 18,854,320 32,404,253 - 32,404,253 39,744,495 - 39,744,495 11,514,078 (1,866,212) 9,647,867 407 SURFACE WATER OPERATIONS & CAPITAL 10,893,975 - 10,893,975 18,223,558 - 18,223,558 21,533,966 - 21,533,966 7,583,567 (1,172,200) 6,411,367 501 EQUIPMENT RENTAL 6,432,053 - 6,432,053 6,494,353 - 6,494,353 7,733,113 - 7,733,113 5,193,293 5,193,293 502 INSURANCE 12,852,509 - 12,852,509 7,392,368 - 7,392,368 3,571,166 - 3,571,166 16,673,711 (16,567,061) 106,650 503 INFORMATION SERVICES 2,570,374 - 2,570,374 5,928,485 - 5,928,485 7,126,445 - 7,126,445 1,372,414 1,372,414 504 FACILITIES 1,275,053 - 1,275,053 5,077,715 - 5,077,715 5,316,091 - 5,316,091 1,036,677 1,036,677 505 COMMUNICATIONS 542,927 - 542,927 1,078,253 - 1,078,253 1,076,474 - 1,076,474 544,706 544,706 512 HEALTHCARE INSURANCE 4,156,148 - 4,156,148 7,787,779 - 7,787,779 8,163,471 - 8,163,471 3,780,456 (2,449,041) 1,331,414 522 LEOFF1 RETIREES HEALTHCARE 10,079,251 - 10,079,251 1,255,329 - 1,255,329 1,039,594 - 1,039,594 10,294,986 (10,294,986) - 611 FIREMENS PENSION 5,578,045 - 5,578,045 468,000 - 468,000 210,475 - 210,475 5,835,570 (5,835,570) - Total Other Funds 134,973,805 - 134,973,805 176,466,042 - 176,466,042 216,731,246 - 216,731,246 94,708,602 (44,775,553) 49,933,048 TOTAL ALL FUNDS 161,537,590 - 161,537,590 281,028,806 - 281,028,806 326,921,471 - 326,921,471 115,644,924 (44,870,161) 70,774,763 AGENDA ITEM #7. c) AB - 2116 City Council Regular Meeting - 02 Apr 2018 SUBJECT/TITLE: Request to Overfill the Senior Network Systems Specialist (Grade A25, Step C, 1.0FTE) RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Administrative Services Department STAFF CONTACT: Mehdi Sadri, IT Director EXT.: 6886 FISCAL IMPACT SUMMARY: The cost to overfill the Network Systems Specialist, Sr. (GradeA25, Step C) for up to three month is approximately $34,008. Sufficient funds from 2017 salary savings are available in the IT Fund to cover the cost. SUMMARY OF ACTION: The Information Technology Division’s Sr. Network Systems Specialist will be retiring from the City on Jan 31, 2019. This is a highly skilled and specialized position which requires specific training and familiarity on systems that must operate 24x7 and require in-depth expertise to troubleshoot and maintain. The incumbent has 10 years of experience with the City’s IT Division and is responsible for managing the City’s data center systems, including the operations and performance of all servers, storage systems, network operating systems, email system, and other related core systems. The Division would like to overfill this position for up to three months so that the new hire so can shadow the incumbent and receive the specific training and knowledge needed to support these systems. EXHIBITS: A. IP B. Network Systems Specialist, Sr. job Description STAFF RECOMMENDATION: Authorize the Information Technology Division to overfill the Senior Network Systems Specialist position for the months of November 2018, December 2018, and January of 2019, prior to incumbent’s retirement. AGENDA ITEM #7. d) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:March 27, 2018 TO:Ed Prince, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Jan Hawn, Administrative Services Administrator, x-6858 STAFF CONTACT:Mehdi Sadri, IT Director, x-6886 SUBJECT:Request to Overfill the Senior Network Systems Specialist (Grade A25, Step C, 1.0FTE) ISSUE Should the Council approve the Information Technology Division to overfill the Senior Network Systems Specialist position for up to three months? FISCAL IMPACT The cost to overfill the Network Systems Specialist, Sr. (GradeA25, Step C) for up to three month is approximately $34,008. Sufficient funds from 2017 salary savings are available in the IT Fund to cover the cost. SUMMARY OF ACTION The Information Technology Division’s Sr. Network Systems Specialist will be retiring from the City on Jan 31, 2019. This is a highly skilled and specialized position which requires specific training and familiarity on systems that must operate 24x7 and require in-depth expertise to troubleshoot and maintain. The incumbent has 10 years of experience with the City’s IT Division and is responsible for managing the City’s data center systems, including the operations and performance of all servers, storage systems, network operating systems, email system, and other related core systems. The Division would like to overfill this position for up to three months so that the new hire so can shadow the incumbent and receive the specific training and knowledge needed to support these systems. RECOMMENDATION Authorize the Information Technology Division to overfill the Senior Network Systems Specialist position for the months of November 2018, December 2018, and January of 2019, prior to incumbent’s retirement. AGENDA ITEM #7. d) Network Systems Specialist, Senior Bargaining Unit: AFSCME - Local 2170 Class Code: 2416 CITY OF RENTON SALARY RANGE $6,276.00 - $7,649.00 Monthly $75,312.00 - $91,788.00 Annually JOB DESCRIPTION: JOB SUMMARY: Under the direction of an assigned supervisor, or designate, provides technical support for the City's voice/data Metropolitan Area Network systems (MAN) and servers. Incumbent shall be responsible for all administration and maintenance related activities necessary to the stability and performance of the City's network (voice/data) system and operating system platform for servers, including all hubs, switches, un-interruptible power supplies, enterprise backup systems, and phone/voice switches and related software. Provides technical advice and support to City staff in the appropriate use of technology. Distinguishing Characteristics: This position will diagnose and resolve system problems, test new technologies, and make system improvement recommendations. Work requires a detailed knowledge of network operations, network system design, implementation, security strategies, and ongoing maintenance best practices, concepts and methods. This position is part of a team and as such will work cooperatively to resolve problems that may fall into other areas of responsibility.. Contact is primarily with other members of the IT team and support vendors, although some system customers' contact is required. SUPERVISION: Reports To: Network Systems Manager Supervises: None JOB DUTIES/RESPONSIBILITIES: Essential Functions: • Analyze needs of customers, formulate solutions and design systems and procedures for implementation; make recommendations to the Director for cost effective, long-term solutions. • Maintains the city network management system to ensure optimal performance of the City's network (voice/data) and servers, including appropriate proactive maintenance tasks. • Assists as needed to insure daily error free operation of the City's network backup system is conducted by reviewing logs and weekly system tests. • Maintains network security consistent with the City's security policy. Reviews and analyzes the security and makes on going recommendations for any necessary changes. • Will help accomplish monthly maintenance tasks as assigned by the Manager. This usually includes working one Sunday per month. Page 1 of 3City of Renton - Class Specification Bulletin 3/27/2018https://agency.governmentjobs.com/rentonwa/default.cfm?action=specbulletin&ClassSpec... AGENDA ITEM #7. d) • May be required to carry on-call pager up to 12 weeks per year and be responsible for first response support 24 x 7 while on standby. Develop and maintain systems for communication between the City's servers and workstations; integrate department automated systems with other City-wide or department systems. • Installs, tests and evaluates patches; runs tests and diagnostics to identify system problems and takes appropriate corrective action. • Monitor and optimize the City's operating systems, analyzing system capacity and plan for future needs including participation in short and long-term technology planning. Standard Functions: • Evaluate new hardware and software; advise customers and City departmental management on hardware and software alternatives; set standards for selection of software/hardware and assist departments, in conjunction with the Director, with appropriate recommendations and budget considerations. • Respond to client request for service on problematic systems and/or equipment; troubleshoot problems in conjunction with the IS Help Desk staff to develop solutions; make minor repairs to equipment and arrange for other servicing needs. • Assist in the development of software delivery and maintenance contracts between the City and software vendors. • Communicate with vendors throughout a contract, including training, implementation and support phases of software projects; provide vendor with design specifications as needed to meet customer requirements and/or changes to existing systems. • Operate, adjust, modify and install a wide variety of computers, peripherals, software and communications equipment to facilitate repair, upgrade and installation of same. • Perform related duties as assigned. EDUCATION, EXPERIENCE, AND LICENSE REQUIREMENTS: • Any combination equivalent to: Bachelor's degree in Computer Science, Information Systems or related field and five years network industry work experience and associated industry certifications, e.g.: Network + CNA, CNE, MCP, MCSE, CCNA. • Position requires ongoing certifications to maintain effective and current technical skills and knowledge. • This position may have access to an area that is governed by Renton City Policy 250-16, "Electronic Data Security" and therefore a required check will be conducted to verify identification, state of residency and national fingerprint-based record checks within 30 days upon employment in the position. Employment in the position will continue based on a successful passing of this background check. KNOWLEDGE, SKILLS, AND ABILITIES REQUIREMENTS: • Ability to: ◦Work flexible hours to provide early morning coverage (6:30 am – 3:30pm) ◦Work one Sunday per month. ◦Work cooperatively within the division and within the City. ◦Provide technical expertise and assistance to the Director and user departments. ◦Operate, configure, troubleshoot, adjust and repair computer equipment and peripherals. ◦Write clear and concise user documentation. ◦Evaluate systems and procedures and develop cost-saving alternatives. ◦Learn and maintain telephone systems as cross training. ◦Maintain the City's electronic mail system. ◦Evaluate computer hardware and software and make appropriate recommendations for purchase, repair or replacement of equipment. ◦Lift and move computer equipment up to 40 pounds. ◦Communicate effectively both orally and in writing. ◦Establish and maintain cooperative and effective working relationships with others. Page 2 of 3City of Renton - Class Specification Bulletin 3/27/2018https://agency.governmentjobs.com/rentonwa/default.cfm?action=specbulletin&ClassSpec... AGENDA ITEM #7. d) ◦Analyze situations accurately and adopt an effective course of action. ◦Work independently with little direction. ◦Plan and organize work. ◦Meet schedules and time lines. ◦Learn new and emerging technologies. ◦Troubleshoot problems on a variety of computer, network and telephone systems. ◦Reliably work with a minimum of supervision while on-call. • Knowledge of: ◦Network Systems Protocols. Especially TCP/IP, IPX 802.2 and IPX 802.3. ◦Remote manipulation/configuration of computer peripherals (hubs, routers, switches, terminal adapters, etc.) To promote system dependability and up-time. ◦Principles of project management and the successful implementation of technology related projects. ◦Multi-system communication networks as demonstrated by possession of industry standard certifications.. ◦Computer hardware and software repair, installation and maintenance. ◦Operation of complex and technical computer equipment and peripherals. ◦Troubleshooting problem resolution industry best practices. ◦Network servers and sub-systems including, SCSI, RAID systems and multi-processor systems. ◦Technical aspects of field of specialty including local/wide area networks and telephony. ◦City organization, operations, policies and objectives. ◦Network security practices and procedures. WORK ENVIRONMENT/PHYSICAL DEMANDS: Work is performed in an office environment, but includes the ability to lift and move computer equipment weighing up to 40 pounds. CLASSIFICATION DETAILS: Established Date: January 2001 Revised: May 2007, November 2007 Original Title: Page 3 of 3City of Renton - Class Specification Bulletin 3/27/2018https://agency.governmentjobs.com/rentonwa/default.cfm?action=specbulletin&ClassSpec... AGENDA ITEM #7. d) AB - 2084 City Council Regular Meeting - 02 Apr 2018 SUBJECT/TITLE: Sunset Neighborhood Park Phase II - Federal Land and Water Conservation Fund Grant RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director EXT.: 6619 FISCAL IMPACT SUMMARY: The Land and Water Conservation Fund grant administered by the State Recreation and Conservation Funding Board (RCFB) and the Recreation and Conservation Office (RCO) will generate $470,760 in revenue. (Once the federal budget has passed, the grant agreement will be amended to the full grant application amount of $500,000). With this agreement, the City will fund 80.21%, or $1,908,059, of the project costs id entified in the Agreement ($2,378,819). $237,881, 10% of the Agreement total costs, is required to be funded with non - state/non-federal monies. The remaining $1,670,178, ($1,908,059 - $237,881) can be funded with city funds, RCO authorized prior City expenditures and if allowed, local and state grants totaling $3,175,000. The amount available in 316.332043.020.594.76.63.000, including a 2017 Carry Forward and 2018 budgeted funds is $4,321,636. Estimated costs to close-out Phase I construction ($1,249,177) and complete Phase II design ($493,355) will leave a remaining available balance of $2,579,104. SUMMARY OF ACTION: In 2016, City Council authorized staff, via Resolution 4285, to apply for a $500,000 Federal Land and Water Conservation Fund (LWCF) grant. The application was for Phase II improvements of a three phase design and development project for the Sunset Neighborhood Park. Elements included in the grant agreement: Node Property acquisition, two children's play areas, fitness area, picnic area, water feature, landscaping, irrigation, grass, site amenities, and walkways. In addition, prior to finalizing the park p roperty acquisitions, building demolitions, Phase I design and construction, and Phase II design, the City applied for and received, Waivers of Retroactivity which allowed the City to complete the work prior to entering into the grant agreement - while continuing to be eligible for reimbursement. The Node property acquisition, building demolitions, landscaping, irrigation, water feature, and walkway elements completed prior to executing this agreement are allowed for reimbursement under the Waiver of Retroactivity. In addition, the City will be agreeing to the following conditions of receiving this funding: The entire park area will be mapped and designated as 6(f)(3) of the LWCF Act and ensures the park is dedicated in perpetuity to public outdoor recreatio n. lf different fees are charged for residents and non-residents, the non-resident fee must not exceed twice that imposed on residents. If no resident fee is charged, then a non-resident fee must not be charged. EXHIBITS: A. Funding Board Project Agreement 16-1772C_REVISED Third Version B. LWCF-16-1772C_Grant Phase II STAFF RECOMMENDATION: Authorize the Mayor and the City Clerk to execute the Project Agreement with the State of Washington as per Resolution 4285. Adjust the budget to reflect the grant funding. AGENDA ITEM #7. e) Funding Board Project Agreement City of Renton 16-1772CProject Sponsor:Project Number: 9/27/2017Approval Date:Sunset Neighborhood Park, Ph. II-LProject Title: PARTIES OF THE AGREEMENTA. This Funding Board Project Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Renton (Sponsor, and primary Sponsor), 1055 S Grady Way, Renton, WA 98057, and shall be binding on the agents and all persons acting by or through the parties. The Sponsor's Data Universal Numbering System (DUNS) Number is 092278894. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Per the Applicant Resolution/Authorizations submitted by all sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project, including but not limited to, full authority to: (1) sign an application to the funding board for grant assistance, (2) enter into this project agreement on behalf of the Sponsor(s) (including indemnification and waiver of sovereign immunity as provided therein), (3) enter any amendments thereto on behalf of the Sponsors, and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative of all sponsors. If a Sponsor wishes to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization, the Sponsor has the obligation to provide to RCO in writing a new Applicant Resolution/Authorization signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, RCO will be entitled to rely upon the fact that the current Authorized Representative/Agent has the authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (see Section 11. PROJECT REIMBURSEMENTS). This Agreement sets out the terms and conditions by which a grant is made from the General Fund - Federal of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the Sponsor for the project named above per the director’s authority granted in RCW 79A.25.020. B. PURPOSE OF AGREEMENT C. DESCRIPTION OF PROJECT The City of Renton will use this grant to acquire 0.18 acre and integrate it into the existing 3.02 acres for the development of a neighborhood park, known as Sunset Neighborhood Park. This 3.2-acre park is located one block north of NE Sunset Blvd, along NE 10th Street and Sunset Lane NE in Renton, King County. The City of Renton will also use this grant to complete a portion of the final phase of development at the park; including construction of a playground and fitness area, water feature, picnic area, pedestrian pathways, and landscaping. The primary recreation opportunity provided by the project will be a city park. The period of performance begins on January 25, 2018 (project start date) and ends on September 30, 2019 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement or specifically provided for by WAC Titles 286, 420; or RCFB and/or SRFB policies published in RCO manuals as of the effective date of this agreement. The Sponsor must request extensions of the period of performance at least 60 days before the project end date. The Sponsor has obligations beyond this period of performance as described in Section F: Long-Term Obligations. D.PERIOD OF PERFORMANCE E. STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Project Agreement are hereby incorporated by reference as part of this Agreement. F. LONG-TERM OBLIGATIONS Page 1 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) For this acquisition, development, renovation and restoration project, the sponsor’s on-going obligations shall be in perpetuity and shall survive the completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding board. It is the intent of the funding board’s conversion policy (see Section 25: Long-Term Obligations Of The Project Sponsors) that all lands acquired and/or facilities and areas developed, renovated, or restored with funding assistance remain in the public domain in perpetuity. The total grant award provided by the funding board for this project shall not exceed $470,760.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board’s percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: G.PROJECT FUNDING Percentage Dollar Amount Source of Funding $470,760.00 19.79%RCFB - Land and Water Conservation Federal 80.21%Project Sponsor $1,908,059.00 Total Project Cost $2,378,819.00 100.00% H. FEDERAL FUND INFORMATION If federal funding information is included in this section, this project is funded by, matched by, and/or funded in part by the following federal award, or subaward: Federal Agency: US Dept of Interior Catalog of Federal Domestic Assistance Number and Name: 15.916 - Land & Water Conservation Federal Award Identification Number: P17AP00308 Federal Fiscal Year: 2017 Federal Award Date: 09/25/2017 Total Federal Award: $490,155 Federal Award Project Description: Sunset Neighborhood Park Phase 2 Sponsor's Indirect Cost Rate: 0.00% of all costs for this agreement This funding is not research and development (R&D). If the Sponsor's total federal expenditures are $750,000 or more during the Sponsor's fiscal-year, the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200, Sub Part FûAudit Requirements, Section 500 (2013). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured. All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor’s application and the project summary and eligible scope activities under which the Agreement has been approved as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are shown to be subject to an unintended error or omission. This “Agreement” as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. I.RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS Page 2 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) Except as provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of this Agreement will be effective unless provided in writing signed by all parties. Extensions of the period of performance and minor scope adjustments consented to in writing (including email) by the Sponsor need only be signed by RCO’s director or designee, unless otherwise provided for in another agreement a Sponsor has with the RCO. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so, and such signature shall be binding on the Sponsor if the representative/agent signing has been authorized to do so by Applicant Resolution/Authorization provided to the RCO and such Applicant Resolution/Authorization has not been withdrawn by the governing body in a subsequent resolution. Any amendment to this Agreement, unless otherwise expressly stated, shall be deemed to include all current federal, state, and local government laws and rules, and funding board policies applicable and active and published in RCO manuals or on the RCO Website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. J.AMENDMENTS TO AGREEMENT This agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including any applicable 43 C.F.R. Part 12, 2 C.F.R. Part 1402, RCW 79A.25, WAC 286 and RCFB and/or SRFB policies published in RCO manuals or on the RCO Website as exist on the effective date of this Agreement and any amendments to this Agreement. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. K.COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES L. SPECIAL CONDITIONS None AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to the mail address or the email address listed below if not both: Project Contact 1055 S Grady Way 5th FL Renton, WA 98055 Address: Pks Planning/Nat Resources DirTitle: Leslie BetlachName: Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 M. RCO - RCFB Karen Edwards Lbetlach@rentonwa.govEmail:karen.edwards@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. N.ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. O.EFFECTIVE DATE This Agreement, for project 16-1772C, shall be subject to the written approval of the RCO’s authorized representative and shall not be effective and binding until the date signed by both the Sponsor and the RCO, whichever is later (effective date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D: PERIOD OF PERFORMANCE are allowed only when this Agreement is fully executed and an original is received by RCO. Page 3 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) Title: Name: (printed) Date:By: City of Renton The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE PROJECT AGREEMENT. The signators listed below represent and warrant their authority to bind the parties to this Agreement. Assistant Attorney General Date:By: October 6, 2017 Pre-approved as to form: Kaleen Cottingham Director Recreation and Conservation Office Date:By: State of Washington, Recreation Conservation Office On behalf of the Recreation and Conservation Funding Board (RCFB or funding board) Page 4 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) Table of Contents Funding Board Project Agreement 1 Standard Terms and Conditions of the Project Agreement 5 CITATIONS, HEADINGS AND DEFINITIONSSECTION 1. 7 PERFORMANCE BY THE SPONSORSECTION 2. 11 ASSIGNMENTSECTION 3. 11 RESPONSIBILITY FOR PROJECTSECTION 4. 11 INDEMNIFICATIONSECTION 5. 11 INDEPENDENT CAPACITY OF THE SPONSORSECTION 6. 12 CONFLICT OF INTERESTSECTION 7. 12 COMPLIANCE WITH APPLICABLE LAWSECTION 8. 12 RECORDSSECTION 9. 14 PROJECT FUNDINGSECTION 10. 14 PROJECT REIMBURSEMENTSSECTION 11. 15 ADVANCE PAYMENTSSECTION 12. 17 RECOVERY OF PAYMENTSSECTION 13. 17 COVENANT AGAINST CONTINGENT FEESSECTION 14. 17 INCOME (AND FEES) AND USE OF INCOMESECTION 15. 17 PROCUREMENT REQUIREMENTSSECTION 16. 18 TREATMENT OF EQUIPMENT AND ASSETSSECTION 17. 19 RIGHT OF INSPECTIONSECTION 18. 20 STEWARDSHIP AND MONITORINGSECTION 19. 20 PREFERENCES FOR RESIDENTSSECTION 20. 20 ACKNOWLEDGMENT AND SIGNSSECTION 21. 20 PROVISIONS FOR BOATING PROJECT GRANTSSECTION 22. 21 PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS SECTION 23. 21 PROVISIONS APPLYING TO ACQUISITION PROJECTSSECTION 24. 22 LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORSSECTION 25. 23 CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS SECTION 26. 24 RECORDED NOTICE OF GRANTSECTION 27. 25 PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS SECTION 28. 25 PROVISIONS FOR FEDERAL SUBAWARDS ONLYSECTION 29. 25 Page 5 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) PROVISIONS FOR BOATING INFRASTRUCTURE GRANTSSECTION 30. 28 PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY SECTION 31. 28 PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY SECTION 32. 29 PROVISIONS FOR FARM AND FOREST ACCOUNT PROJECTS (FARMLAND AND FORESTLAND PRESERVATION PROJECTS ONLY) SECTION 33. 29 PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLYSECTION 34. 29 PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY SECTION 35. 30 ORDER OF PRECEDENCESECTION 36. 34 LIMITATION OF AUTHORITYSECTION 37. 34 WAIVER OF DEFAULTSECTION 38. 34 APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH SECTION 39. 34 SPECIFIC PERFORMANCESECTION 40. 35 TERMINATION AND SUSPENSIONSECTION 41. 35 DISPUTE HEARINGSECTION 42. 36 ATTORNEYS’ FEESSECTION 43. 37 GOVERNING LAW/VENUESECTION 44. 37 PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR SECTION 45. 37 SEVERABILITYSECTION 46. 38 Page 6 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) Project Number:Project Sponsor:16-1772CCity of Renton Standard Terms and Conditions of the Project Agreement 9/27/2017Approval Date:Sunset Neighborhood Park, Ph. II-LProject Title: CITATIONS, HEADINGS AND DEFINITIONSSECTION 1. A.Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto . B.Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement . C.Definitions. As used throughout this Agreement , the following terms shall have the meaning set forth below: acquisition project – A project that purchases or receives a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. Agreement or project agreement – The document entitled “Funding Board Project Agreement” accepted by all parties to the present transaction, including without limitation these Standard Terms and Conditions of the Project Agreement , all attachments, addendums, and amendments, and any intergovernmental agreements or other documents that are incorporated into the Funding Board Project Agreement subject to any limitations on their effect . applicant – Any party that meets the qualifying standards , including deadlines, for submission of an application soliciting a grant of funds from the funding board. application – The documents and other materials that an applicant submits to the RCO to support the applicant’s request for grant funds ; this includes materials required for the “Application” in the RCO’s automated project information system , and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement , grant, and project. Boating Infrastructure Grant (BIG) – A program administered through the United States Fish and Wildlife Service. C.F.R. – Code of Federal Regulations contractor – An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement . conversion – A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. Page 7 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) development project – A project that results in the construction of , or work resulting in, new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. director – The chief executive officer of the Recreation and Conservation Office or that person’s designee. education project – A project that provides information , education, and outreach programs for the benefit of outdoor recreationists. education and enforcement project – A project that provides information , education, and outreach programs; encourages responsible recreational behavior, and may provide law enforcement for the benefit of outdoor recreationists. effective date – The date when the signatures of all parties to this agreement are present in the agreement. enhancement project – 1) A project that brings a site back to its historic function as part of a natural ecosystem or that improves the ecological functionality of a site, or 2) a project that (i) supports hatchery reform to improve hatchery effectiveness to minimize impacts to wild fish populations , (ii) ensures compatibility between hatchery production and salmon recovery programs, or (iii) supports sustainable fisheries (WAC 420.04.010). equipment – Tangible personal property (including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. § 200.33 (2013)). funding board or board – The board that authorized the funds in this Agreement , either the Recreation and Conservation Funding Board (RCFB) created under RCW 79A.25.110, or the Salmon Recovery Funding Board (SRFB) created under RCW 77.85.110. grant program – The source of the grant funds received . May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost – Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)). long-term compliance period – The period of time after the project end date or end of the period of performance (depending on the project types and grant program). During this period, the Sponsor has continuing obligations under the Agreement . This period may have a nonspecific end date (in perpetuity) or an expressly specified number of years. long-term obligations – Sponsor’s obligations after the project end date , as specified in the Agreement and applicable regulations and policies. landowner agreement – An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. maintenance – A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreation or salmon recovery. maintenance and operation – A project that maintains and operates existing areas and facilities through repairs, upkeep, and routine services for the benefit of outdoor recreationists. match or matching share – The portion of the total project cost provided by the Sponsor . Page 8 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) milestone – An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. monitoring project – Means a project that tracks the effectiveness of salmon recovery restoration actions, or provides data on salmon populations or their habitat conditions. monitoring and research project – Means a project that tracks the effectiveness of salmon recovery restoration actions, or provides data on salmon populations or their habitat conditions. Office – Means the Recreation and Conservation Office or RCO . notice of grant – As required by RCO or another authority , a document that has been legally recorded in the county or counties where the project property is located that describes the grant funded project located on the property, the funding sources, and agencies responsible for awarding the grant. pass-through entity – A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward , RCO is the pass-through entity. period of performance – The period beginning on the project start date and ending on the project end date. planning (RCFB projects only) – A project that results in one or more of the following : a study, a plan, construction plans and specifications, and permits to increase the availability of outdoor recreational resources. planning (SRFB projects only) – A project that results in a study , assessment, project design, or inventory. pre-agreement cost – A project cost incurred before the period of performance . primary Sponsor – The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. This administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers , employees, agents and successors. project – An undertaking that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. project area, RCFB – A geographic area that delineates a grant assisted site which is subject to project agreement requirements (WAC 286.04.010). project area, SRFB – The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project (WAC 420.04.010). project cost – The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (2 C.F.R. § 200.83 (2013)). project end date – The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. Page 9 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) project start date – The specific date identified in the Agreement on which the period of performance starts. research project – Means a project that studies salmon and the effectiveness of recovery restoration efforts on the population or habitat condition . RCO – Recreation and Conservation Office – The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by RCW 79A.25.110 and 79A.25.150 and charged with administering this Agreement by RCW 77.85.110 and 79A.25.240. reimbursement – RCO’s payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement . renovation project – A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. restoration project – A project that brings a site back to its historic function as part of a natural ecosystem or improving the ecological functionality of a site. restoration and enhancement project – A project that brings a site back to its historic function as part of a natural ecosystem or that improves the ecological functionality of a site or a larger ecosystem which improvement may include benefiting fish stocks. RCFB – Recreation and Conservation Funding Board RCW – Revised Code of Washington Recreational Trails Program (RTP) – A Federal Highways Administration grant program . secondary Sponsor – One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor – A Sponsor is an organization that is listed in and has signed this Agreement . Sponsor Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement , grant, and project. SRFB – Salmon Recovery Funding Board subaward – Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement . Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. § 200.92 (2013). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. § 200.330 (2013)). If this Agreement is a federal subaward , the subaward amount is the grant program amount in Section G: Project Funding. Page 10 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) subrecipient – Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a federal subaward , the Sponsor is the subrecipient. useful service life – Period during which an asset or property is expected to be useable for the purpose it was acquired, developed, renovated, and/or restored per this Agreement . WAC – Washington Administrative Code . PERFORMANCE BY THE SPONSORSECTION 2. The Sponsor shall undertake the project as described in this Agreement , and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents , including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement , is a material breach of the Agreement . ASSIGNMENTSECTION 3. Neither this Agreement, nor any claim arising under this Agreement , shall be transferred or assigned by the Sponsor without prior written consent of the RCO. RESPONSIBILITY FOR PROJECTSECTION 4. While the funding board undertakes to assist the Sponsor with the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the Sponsor. The funding board undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement . The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is Sponsored by more than one entity, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement . The RCO has no responsibility for reviewing, approving, overseeing or supervising design or construction of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO will act only to confirm at a general, lay, and nontechnical level, solely for the purpose of compliance and payment and not for safety or suitability, that the project has apparently been completed as per the Agreement . INDEMNIFICATIONSECTION 5. The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor’s agents , employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Page 11 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor’s agents , employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its employees and agents for whom it is vicariously liable, the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor’s negligence or the negligence of the Sponsor’s agents , employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. This provision shall be included in any agreement between Sponsor and any contractors, subcontractor and vendor, of any tier. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor’s agents , employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement . Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State’s , its agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor , its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor’s own employees or its agents against the State and , solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. INDEPENDENT CAPACITY OF THE SPONSORSECTION 6. The Sponsor and its employees or agents performing under this Agreement are not officers , employees or agents of the funding board or RCO. The Sponsor will not hold itself out as nor claim to be an officer , employee or agent of RCO, a funding board or of the state of Washington , nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06 or Section 30B. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTERESTSECTION 7. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act , RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein , RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor . The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement . COMPLIANCE WITH APPLICABLE LAWSECTION 8. Page 12 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A.Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act ; Civil Rights Act; and the Age Discrimination Act . In the event of the Sponsor’s noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded , cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the funding board. The Sponsor is responsible for any and all costs or liability arising from the Sponsor’s failure to so comply with applicable law . B.Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C.Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries . 1.Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization affiliated with a national service organization established under the authority of the national and community service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's management and administrative headquarters must be located in Washington ; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. D.Archaeological and Cultural Resources. RCO facilitates the review of applicable projects for potential impacts to archaeological sites and state cultural resources. The Sponsor must assist RCO in compliance with Governor’s Executive Order 05-05 or the National Historic Preservation Act before and after initiating ground-disturbing activity or construction, repair, installation, rehabilitation, renovation, or maintenance work on lands, natural resources, or structures. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the Sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes’ cultural staff and cultural committees , RCO, and the State Department of Archaeology and Historic Preservation . If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe’s cultural staff and cultural committee, RCO, State Department of Archaeology , the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. Page 13 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) E.Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. F.Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries . Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries’ “Debarred Contractor List .” RECORDSSECTION 9. A.Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B.Maintenance. The Sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein , including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement . Sponsor shall retain such records for a period of six years from the date RCO deems the project complete, as defined in Section 11: PROJECT REIMBURSEMENTS. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C.Access to Records and Data. At no additional cost, the records relating to the Agreement , including materials generated under the Agreement , shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor , and federal and state officials so authorized by law , regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor’s reports , including computer models and methodology for those models. D.Public Records. Sponsor acknowledges that the funding board is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04. Additionally, in compliance with RCW 77.85.130(8), Sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state’s defense of such claims . PROJECT FUNDINGSECTION 10. Page 14 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) A.Authority. This Agreement is funded through a grant award from the recreation and conservation funding board per WAC 286 and/or the salmon recovery funding board per WAC 420. The director of RCO enters into this Agreement per delegated authority in RCW 79A.25.020 and 77.85.120. B.Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement , unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement . C.Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D.Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in Section H: FEDERAL FUND INFORMATION are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). E.After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement , the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTSSECTION 11. A.Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may only request reimbursement after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section G: PROJECT FUNDING. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B.Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. C.Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D.Retainage Held Until Project Complete. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the project has been completed. A project is considered "complete" when: 1.All approved or required activities outlined in the Agreement are done ; 2.On-site signs are in place (if applicable); 3.A final project report is submitted to and accepted by RCO ; 4.Any other required documents and media are complete and submitted to RCO; Page 15 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) 5.A final reimbursement request is submitted to RCO ; 6.The completed project has been accepted by RCO; 7.Final amendments have been processed; 8.Fiscal transactions are complete, and 9.RCO has accepted a final boundary map, if requested by RCO, for which the Agreement terms will apply in the future. 10.Notice of Grant (if applicable) filed with the county lands records office and a stamped copy received by RCO E.Requirements for Federal Subawards: Match. The Sponsor’s matching share must comply with 2 C.F.R. § 200.306 (2013). Any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, can be accepted as part of the Sponsor’s matching share when such contributions meet all of the following criteria: 1.Are verifiable from the non-Federal entity's (Sponsor’s) records; 2.Are not included as contributions for any other Federal award; 3.Are necessary and reasonable for accomplishment of project or program objectives; 4.Are allowable under 2 C.F.R. Part 200, Subpart E—Cost Principles (2013); 5.Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6.Are provided for in the approved budget when required by the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION of this Agreement; and 7.Conform to other provisions of 2 C.F.R. Part 200, Subpart D—Post Federal Award Requirements (2013), as applicable. F.Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non-Federal entity (Sponsor) must: 1.Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass-through entity (RCO) may approve extensions when requested by the Sponsor. 2.Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3.Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non-Federal entity (Sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. Page 16 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) 4.Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property rust relationship and 200.329 Reporting on real property (2013). ADVANCE PAYMENTSSECTION 12. Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements. See WAC 420-12. RECOVERY OF PAYMENTSSECTION 13. A.Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement , or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B.Overpayment Payments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement . Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. C.Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). COVENANT AGAINST CONTINGENT FEESSECTION 14. The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement without liability or , in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INCOME (AND FEES) AND USE OF INCOMESECTION 15. RCFB Projects. See WAC 286-13-110 for additional requirements for projects funded from the RCFB. A.Income. 1.Farm and Forest Account (Farmland and Forestland Preservation Grants). Excepted from this section is income generated and fees paid on/for properties which received funds from the Farm and Forest Account (RCW 79A.15.130). 2.Firearms and Archery Range Recreation Projects. Excepted from this section are safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (RCW 79A.25.210). 3.Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any policies adopted by the RCFB or SRFB. Page 17 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) B.Use of Income. Subject to any limitations contained in applicable state or federal law and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) during or after the reimbursement period cited in the Agreement, must be sed to offset: 1.The Sponsor’s matching resources ; 2.The project’s total cost ; 3.The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 4.The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor’s system ; 5.Capital expenses for similar acquisition and/or development and renovation; and/or 6.Other purposes explicitly approved by RCO C.Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored with funding board grants if the fees are consistent with the: 1.Grant program laws, rules, policies, and funding board policies; 2.Value of any service(s) furnished; 3.Value of any opportunities furnished ; and 4.Prevailing range of public fees in the state for the activity involved. D.Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307 Program income (2013). PROCUREMENT REQUIREMENTSSECTION 16. A.Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists the Sponsor must follow these minimum procedures: 1.Publish a notice to the public requesting bids/proposals for the project; 2.Specify in the notice the date for submittal of bids/proposals; 3.Specify in the notice the general procedure and criteria for selection; and 4.Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5.Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. Page 18 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B.Requirements for Federal Subawards. 1.For all Federal subawards except RTP projects , non-Federal entities (Sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.326 Contract Provisions (2013). 2.For RTP subawards, Sponsors follow such policies and procedures allowed by the State when procuring property and services under a Federal award (2 C.F.R § 1201.317 (2013)). State procurement policies are in subsection A of this section . TREATMENT OF EQUIPMENT AND ASSETSSECTION 17. Equipment shall be used and managed only for the purpose of this Agreement , unless otherwise provided herein or in published funding board policies, or approved by RCO in writing. A.Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B.Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. C.Requirements for Federal Subawards. Except in the RTP, procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, at a minimum, meet the following requirements (2 C.F.R § 200.313 (2013)): 1.Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the Federal Award Identification Number ), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2.A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3.A control system must be developed to ensure adequate safeguards to prevent loss , damage, or theft of the property. Any loss, damage, or theft must be investigated. 4.Adequate maintenance procedures must be developed to keep the property in good condition. 5.If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. D.Requirements for RTP Subawards. 1.The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and allowed by the State, as well as federal law and federal rules issued by the Federal Highways Administration and 2 CFR 200. Page 19 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) 2.Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon Act as amended. RIGHT OF INSPECTIONSECTION 18. The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government , at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure as described in Section 23.C: Control and Tenure has been executed, it will further stipulate and define the funding board and RCO’s right to inspect and access lands acquired or developed with funding board assistance. STEWARDSHIP AND MONITORINGSECTION 19. Sponsor agrees to perform monitoring and stewardship functions as stated in funding board policy, this Agreement, or as otherwise directed by RCO consistent with existing policies. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board. PREFERENCES FOR RESIDENTSSECTION 20. Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. ACKNOWLEDGMENT AND SIGNSSECTION 21. A.Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. B.Signs. 1.During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director; and 2.During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. C.Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program’s funding contribution at all dedication ceremonies. D.Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, Sponsors shall clearly state: 1.The fund source; 2.The percentage of the total costs of the project that is financed with federal money; Page 20 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) 3.The dollar amount of federal funds for the project; and 4.The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. PROVISIONS FOR BOATING PROJECT GRANTSSECTION 22. If requested by RCO, or required per state or federal law or rule with respect to any project or project element that supports recreational boating, Sponsor shall manage the project or project element per federal rules to include 2 C.F.R. Part 200, and place a United States Coast Guard (or other federal agency) logo and funding program information at the project site. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS SECTION 23. The following provisions shall be in force only if the project described in this Agreement is for construction of land or facilities in a development, maintenance, renovation or restoration project: A.Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted by the board and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration (WAC 286.13.130). It is the Sponsor’s sole responsibility to ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose . B.Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement . RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor’s responsibility to confirm that all legal requirements for accessibility are met even if the RCO guidance would not meet such requirements. 1.Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval of the board or RCO. C.Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure (such as landowner agreement, long-term lease, easement, or fee simple ownership) for the land proposed for construction. The documentation must meet current RCO requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement and determines the long-term compliance period unless otherwise approved by the board. D.Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies.” Page 21 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) E.Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include “Integrated Streambank Protection Guidelines”, 2002; “Land Use Planning for Salmon, Steelhead and Trout : A land use planner’s guide to salmonid habitat protection and recovery”, 2009”, “Protecting Nearshore Habitat and Functions in Puget Sound”, 2010; “Stream Habitat Restoration Guidelines”, 2012; “Water Crossing Design Guidelines”, 2013; and “Marine Shoreline Design Guidelines”, 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site . Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in “Reducing Accidental Introductions of Invasive Species” which is available on the WISC Web site. PROVISIONS APPLYING TO ACQUISITION PROJECTSSECTION 24. The following provisions shall be in force only if the project described in this Agreement is an acquisition project (including projects with any acquisition component): A.Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement , the Sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. B.Evidence of Title. The Sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C.Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this Agreement (and protected by a recorded conveyance of rights to the State of Washington ) shall be delivered to RCO before final payment. D.Conveyance of Rights to the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the Sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington . These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. The Sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the funding board project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1.Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, access, and/or use the property for public purposes consistent with the funding source and project agreement. See WAC 286 or 420. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the Sponsor has acquired a perpetual easement for public purposes. 2.Assignment of Rights. The Assignment of Rights document transfers certain rights to RCO and the state such as public access, access for compliance, and enforcement. Sponsors shall use this document when an easement or lease is being acquired under this Agreement . The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3.Easements and Leases. The Sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document , thereby eliminating the requirement for a separate document. Language will depend on the situation; Sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. Page 22 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) E.Real Property Acquisition and Relocation Assistance. 1.Federal Acquisition Policies. When federal funds are part of this Agreement , the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended, and applicable regulations and procedures of the federal agency implementing that Act. 2.State Acquisition Policies. When state funds are part of this Agreement , the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26 RCW, and Chapter 468-100 WAC. 3.Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the Sponsor agrees to provide any housing and relocation assistance required. F.Buildings and Structures. In general, grant funds are to be used for outdoor recreation, conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsor must consult with RCO regarding treatment of such structures and compliance with Section 8.D Archeological and Cultural Resources . G.Hazardous Substances. 1.Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(13), and certify: a.No hazardous substances were found on the site, or b.Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed “clean.” 2.Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3.Hold Harmless. The Sponsor will defend, protect and hold harmless the State and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the Sponsor is acquiring, except to the extent, if any, that the State, its officers and agents caused or contributed to the release . The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. H.Requirements for Federal Subawards. The non-federal entity (Sponsor) must submit reports at least annually on the status of real property in which the federal government retains an interest, unless the federal interest in the real property extends 15 years or longer. In those instances where the federal interest attached is for a period of 15 years or more, the federal awarding agency or the pass-through entity (RCO), at its option, may require the Sponsor to report at various multi-year frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or a federal awarding agency or RCO may require annual reporting for the first three years of a federal award and thereafter require reporting every five years) (2 C.F.R § 200.329 (2013)). LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORSSECTION 25. Page 23 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) A.Long-Term Obligations of RCFB Projects. Sponsor shall comply with WAC 286-13-160, 170, and 180. B.Long-Term Obligations of SRFB Projects. Sponsor shall comply with WAC 420. C.Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise allowed by policy, program rules, or this Agreement, or approved in writing by RCO or the funding board, RCO requires that the project area continue to function as intended after the period of performance in perpetuity. D.Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, renovated, and/or restored pursuant to this Agreement , unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. Also see WAC Title 286 or 420 and applicable policies. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless otherwise expressly provided in the Agreement or applicable policy or unless a transfer or change in use is approved by the funding board through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon this Agreement , applicable law and RCFB/SRFB policies. For acquisition projects that are expressly term limited in the Agreement , such as one involving a lease or a term-limited restoration, renovation or development project or easement, the restriction on conversion shall apply only for the length of the term, unless otherwise provided in this Agreement , by funding board policy, other RCO approved written documents, or required by applicable state or federal law. When a conversion has been determined to have occurred, the Sponsor is required to remedy the conversion per established funding board policies, and the board or RCO may pursue such remedies as are allowed by law and board policies, and/or this Agreement. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTSSECTION 26. The following provisions shall be in force only if the project described in this Agreement is an acquisition , development, maintenance, renovation, or restoration project: A.Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and maintained: 1.According to applicable federal, state, and local laws and regulations, including public health standards and building codes; 2.In a reasonably safe condition for the project’s intended use ; 3.Throughout its estimated useful service life so as to prevent undue deterioration; 4.In compliance with all federal and state nondiscrimination laws, regulations and policies. B.Open to the public. Unless otherwise specifically provided for in the Agreement of funding board policies, and in compliance with applicable statutes, rules, and funding board policies, facilities must be open and accessible to the general public, and must: Page 24 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) 1.Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards , guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act , as amended and updated. 2.Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 3.Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals, by a decision of the board, or by RCO in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. RECORDED NOTICE OF GRANTSECTION 27. At the request of RCO, Sponsor shall record a notice of grant on the property and shall submit to the RCO a recorded and registry stamped copy of such notice. The purpose of the notice of grant is to ensure that the present and future use of the facility is and shall remain subject to the terms and conditions described in this Agreement. The notice of grant shall be in a format specified by RCO. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORSSECTION 28. A corporate Sponsor, including any nonprofit Sponsor, shall: A.Maintain corporate status with the state, including registering with the Washington Secretary of State’ s office, throughout the Sponsor’s obligation to the project as identified in the Agreement . B.Notify RCO before corporate dissolution at any time during the period of performance or long-term obligations. Within 30 days of dissolution the Sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities, and transfer all property and assets to the successor. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement . RCO will process an amendment transferring the Sponsor’s obligation to the qualified successor if requirements are met . C.Maintain sites or facilities open to the public and may not limit access to members. PROVISIONS FOR FEDERAL SUBAWARDS ONLYSECTION 29. The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified in Section H: FEDERAL FUND Information: A.Sub-Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013). Unless otherwise indicated, the cost principles apply to the use of funds provided under this Agreement to include match and any in-kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. B.Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized staff, at the time of a request for reimbursement, the following: “To the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” Page 25 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) C.Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, paragraph C. 1.Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. 2.Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. D.Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities (Sponsors) must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity (Sponsor) must report all suspected or reported violations to the federal awarding agency identified in Section H: Federal Fund Information. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient (Sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity (Sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section H: Federal Fund Information. Page 26 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) E.Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity (Sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. F.Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 C.F.R § 401.2(a) and the recipient or subrecipient (Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient (Sponsor) must comply with the requirements of 37 C.F.R Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements ,” and any implementing regulations issued by the awarding agency. G.Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the Regional Office of the Environmental Protection Agency (EPA). H.Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement , the Sponsor certifies (per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directly or indirectly) received or will receive for this project from the United States or any agency thereof, have been used or shall be used to engage in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with this project. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency , a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Page 27 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) I.Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act . The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines . J.Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R § 200.310 (2013)). K.Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must not award a contract to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. L.Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding agency established pursuant to 2 C.F.R 200. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTSSECTION 30. A.Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must indemnify and defend the United States and hold it harmless from any claims, suits, losses, and damages from; any allegedly unauthorized use of any patent, process, idea, method, or device by the user in connection with its use of the logo, or any other alleged action of the user; and any claims, suits, losses, and damages arising from alleged defects in the articles or services associated with the logo. No one may use any part of the logo in any other manner unless the United States Fish and Wildlife Service’s Assistant Director for Wildlife and Sport Fish Restoration or Regional Director approves in writing. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLYSECTION 31. The following provisions shall be in force only if the project described in this Agreement is funded from the Firearms and Archery Range Recreation Account . A.Liability Insurance. The Sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it carries, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resources to pay successful claims of people who may be killed or injured, or suffer damage to property , while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. B.Insurance Endorsement. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. Page 28 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) C.Length of Insurance. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the Sponsor's obligation to the project as identified in this Agreement in Section F . LONG-TERM OBLIGATIONS. D.Notice of Cancellation. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the Sponsor. E.Government Agencies. The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. F.Sole Duty of the Sponsor. By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at , or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the Sponsor, or others, for any and all remedies that may be available by law. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLYSECTION 32. If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the “Project Agreement General Provisions” of the LWCF are made part of this Agreement and incorporated herein . The Sponsor shall abide by these LWCF General Provisions , in addition to this Agreement , as they now exist or are hereafter amended. Further, the Sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions . PROVISIONS FOR FARM AND FOREST ACCOUNT PROJECTS (FARMLAND AND FORESTLAND PRESERVATION PROJECTS ONLY) SECTION 33. The following sections will not apply to Farmland and Forestland Preservation Projects if covered separately in a recorded RCO approved Agricultural Conservation Easement, or Forest Conservation Easement (or other method): A.Section 15 - Income and Income Use; B.Section 19 - Stewardship and Monitoring; C.Section 21 - Acknowledgement and Signs; D.Section 24 -- Provisions Applying To Acquisition Projects , Sub-sections D, F, and G; E.Section 25C -Perpetuity; and F.Section 26 -- Construction, Operation, Use and Maintenance of Assisted Projects . PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLYSECTION 34. For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration . Violation of this requirement may be grounds for terminating this Agreement . This section shall not be the basis for any enforcement responsibility by RCO. Page 29 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLYSECTION 35. The following provisions shall be in force only if the project described in this Agreement is funded in part or wholly from the Puget Sound Acquisition and Restoration program . The Sponsor agrees to the following terms and conditions: A.Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US Environmental Protection Agency’s General Terms and Conditions “Indirect Cost Rate Agreements ,” if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. B.Credit and Acknowledgement. In addition to Section 21: Acknowledgement and Signs, materials produced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership (PSP) logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency . The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency , nor does mention of trade names or commercial products constitute endorsement or recommendation for use.” This requirement is for the life of the product, whether during or after the Agreement period of performance . C.Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act . D.Drug Free Workplace Certification. Sub-recipient (Sponsor) shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. E.Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term “management fees or similar charges” refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs that are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement , except for the extent authorized as a direct cost of carrying out the scope of work. F.Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provision applies only to a sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor), if any. Sub-recipient (Sponsor) shall include the following statement in all sub-awards made to any private entity under this Agreement . “You as the sub-recipient, your employees, sub-awardees under this award, and sub-awardees’ employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect ; procure a commercial sex act during the period of time that the award is in effect ; or use forced labor in the performance of the award or sub-awards under this Award .” The sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor) must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Page 30 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) The federal agency funding this Agreement may unilaterally terminate , without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. G.Lobbying. The chief executive officer of this recipient agency (Sponsor) shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States, unless authorized under existing law. The recipient (Sponsor) shall abide by its respective Cost Principles (OMB Circulars A-21, A-87, and A-122), which generally prohibits the use of federal grant funds for litigation against the United States, or for lobbying or other political activities. The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in award documents for all sub-awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any Sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure. All contracts awarded by Sponsor shall contain, when applicable, the anti-lobbying provisions as stipulated in the Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act , Sponsor affirms that it is not a non -profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of the code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act . H.Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO approved budget. I.Disadvantaged Business Enterprise Requirements. The Sponsor agrees to comply with the requirements of EPA’s Utilization of Small , Minority and Women’s Business Enterprises in procurements made under this award. J.Minority and Women’s Business Participation. Sponsor agrees to solicit and recruit, to the maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement . These goals are expressed as a percentage of the total dollars available for purchase or agreement and are as follows: Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE Meeting these goals is voluntary and no agreement award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and Sponsor and ALL prospective bidders or people submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement : 1.Include qualified minority and women’s businesses on solicitation lists . 2.Assure that qualified minority and women’s business are solicited whenever they are potential sources of services or supplies. Page 31 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) 3.Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women’s businesses . 4.Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women’s businesses . 5.Use the services and assistance of the State Office of Minority and Women’s Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U .S. Department of Commerce, as appropriate. K.MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: 1.There are any funds budgeted in the contractual/services, equipment or construction lines of the award; 2.$3,000 or more is included for supplies; or 3.There are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as 4.Described in items (a) and (b). When completing the form, recipients (Sponsors) should disregard the quarterly and semi-annual boxes in the reporting period Section 1B of the form. For annual submissions, the reports are due by October 30th of each year or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on planned procurements. Recipients (Sponsors) with funds budgeted for non-supply procurement and/or $3,000 or more in supplies are required to report annually whether the planned procurements take place during the reporting period or not. If no procurements take place during the reporting period, the recipient should check the box in Section 5B when completing the form. MBE/WBE reports should be sent to the DBE Coordinator in the Sponsor’s region . Contact information can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators also can answer any questions. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with regulations , the Sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program’s Home Page at http://www.epa.gov/osbp/dbe_reporting.htm. L.Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. § 33.301, the Sponsor agrees to make the following six good faith efforts whenever procuring construction , equipment, services and supplies under an EPA financial assistance agreement , and to require that sub-recipients (Sponsors), and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained : 1.Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government Sponsors, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. Page 32 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) 2.Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3.Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government Sponsors, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4.Encourage contracting with a consortium of DBEs when an agreement is too large for one of these firms to handle individually. 5.Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development of the Department of Commerce. 6.If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a) through (e) of this section. M.Lobbying & Litigation. By signing this Agreement , the Sponsor certifies that none of the funds received from this Agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200, which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms : 1.Certification Regarding Lobbying, EPA Form 6600-06: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf 2.Disclosure of Lobbying Activities , SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf 3.Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims against the Federal Government are unallowable. N.Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients (Sponsors) or by a recipients’ (Sponsor’s) contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with his/her normal travel reimbursement practices). Subagreements with firms for services that are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient (Sponsor) with responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. § 30.27(b) or 40 C.F.R. § 31.369(j), as applicable, for additional information. As of January 1, 2014, the limit is $602.24 per day $75.28 per hour. Page 33 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) O.Peer Review. Where appropriate, prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. P.International Travel (Including Canada). All International Travel must be approved by the US Environmental Protection Agency’s Office of International and Tribal Affairs (OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel . Q.Unliquidated Obligations (ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub-recipients and sub-awardees). ORDER OF PRECEDENCESECTION 36. This Agreement is entered into , pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws . In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute , rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: 1.Federal law and binding executive orders; 2.Code of federal regulations; 3.Terms and conditions of a grant award to the state from the federal government ; 4.Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; 5.State law (constitution, statute); 6.Washington Administrative Code ; 7.Funding board or RCO policies. LIMITATION OF AUTHORITYSECTION 37. Only RCO’s Director or RCO’s delegate by writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement ; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate . WAIVER OF DEFAULTSECTION 38. Waiver of any default shall not be deemed to be a waiver of any subsequent default . Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing , signed by the director, or the director’s designee , and attached as an amendment to the original Agreement . APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH SECTION 39. Page 34 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) The funding board and RCO rely on the Sponsor’s application in making its determinations as to eligibility for , selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement . SPECIFIC PERFORMANCESECTION 40. The funding board and RCO may enforce this Agreement by the remedy of specific performance , which usually will mean completion of the project as described in this Agreement and /or enforcement of long-term obligations. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement , or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSIONSECTION 41. The funding board and RCO will require strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by the funding board. For federal awards, notification of termination will comply with 2 C.F.R. § 200.340. A.For Cause. 1.The funding board or the director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement : a.If the Sponsor breaches any of the Sponsor's obligations under this Agreement ; b.If the Sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement . Included in progress is adherence to milestones and other defined deadlines; or c.If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2.Prior to termination, the RCO or the funding board shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director or board approves in writing, the Agreement may be terminated . In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3.RCO reserves the right to suspend all or part of the Agreement , withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B.For Convenience. Except as otherwise provided in this Agreement , RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated , RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination . A claimed termination for cause shall be deemed to be a "Termination for Convenience " if it is determined that: 1.The Sponsor was not in default; or 2.Failure to perform was outside Sponsor’s control , fault or negligence. Page 35 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) C.Rights of Remedies of the RCO. 1.The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2.In the event this Agreement is terminated by the funding board or director , after any portion of the grant amount has been paid to the Sponsor under this Agreement , the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent it would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D.Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period , RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor . 1.Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement , with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. DISPUTE HEARINGSECTION 42. Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state : A.The disputed issues; B.The relative positions of the parties; C.The Sponsor’s name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board’s chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes . The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Page 36 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS’ FEESSECTION 43. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. GOVERNING LAW/VENUESECTION 44. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington . In the event of a lawsuit involving this Agreement , venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington . PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR SECTION 45. In the cases where this Agreement is between the funding board (which includes the State of Washington for purposes of this Agreement ) and a federally recognized Indian Tribe , the following terms and conditions apply, but only between those parties: A.Notwithstanding the above venue provision, if the State of Washington intends to initiate legal action against a federally recognized Indian tribe relating to the performance, breach, or enforcement of this Agreement, it shall so notify the Tribe . If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such an action in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State , the State shall bring such action in federal court, otherwise the State may sue the Tribe in the Thurston County Superior Court, or such other superior court where venue is proper, if not proper in Thurston County. Interpretation of the Agreement shall be according to applicable State law , except to the extent preempted by federal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the State may bring suit in Thurston County Superior Court or such other superior court where venue is proper, if not proper in Thurston County . B.Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such actions under subsection A above , shall be binding and enforceable on the parties. Any money judgment or award against a Tribe , tribal officers, or employees, or the State of Washington, its agencies, or its officers and employees may exceed the amount of funding awarded under this Agreement . C.As requested by RCO, the Tribe shall provide to RCO its governing requirements and procedures for entering into Agreement with RCO and waiving its sovereign immunity . In addition, the tribe shall provide to RCO all authorizations the Tribe requires to authorize the person (s) signing the Agreement on the Tribe’s behalf to bind the Tribe and waive the Tribe’s sovereign immunity as provided herein . Page 37 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) D.The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purposes of allowing the State to bring and prosecute to completion such actions relating to the performance, breach, or enforcement of this Agreement as provided in subsection A above , and to bring actions to enforce any judgment arising from such actions. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys’ fees . For purposes of this provision, the State includes the funding board, the RCO, and any other state agencies as the term “agency” is broadly understood to include, but not be limited to, departments, commissions, boards, divisions, bureaus, committees, offices, councils, societies, etc. SEVERABILITYSECTION 46. The provisions of this Agreement are intended to be severable . If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. Page 38 of 38RCO 16-1772C Revision Date: 1/11/2018 AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 1 of 13 LAND AND WATER CONSERVATION FUND (LWCF) GRANT AGREEMENT GENERAL PROVISIONS ARTICLE XI – PRIOR APPROVAL The Recipient shall obtain prior approval for budget and program revisions in accordance with 2 CFR 200.308. ARTICLE XIV – MODIFICATION, REMEDIES FOR NONCOMPLIANCE, TERMINATION A. This Agreement may be modified only by a written instrument executed by the parties . Modifications will be requested in writing and approved by the NPS AO and the authorized representative of Recipient. B. Additional conditions may be imposed by NPS if it is determined that the Recipient is non-compliant to the terms and conditions of this agreement. Remedies for Noncompliance can be found in 2 CFR 200.338 and the LWCF Assistance Manual (https://www.nps.gov/subjects/lwcf/upload/lwcf_manual.pdf). C. This Agreement may be terminated consistent with applicable termination provisions for Agreements found in2 CFR 200.339 through 200.342 and the LWCF Assistance Manual. ARTICLE XV – GENERAL AND SPECIAL PROVISIONS A. General Provisions 1. OMB Circulars and Other Regulations. The following Federal regulations are incorporated by reference into this Agreement (full text can be found at http://www.ecfr.gov: a) Administrative Requirements: 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in its entirety; b) Determination of Allowable Costs: 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart E; and c) Audit Requirements: 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F. d) Code of Federal Regulations/Regulatory Requirements: 2 CFR Part 182 & 1401, “Government–wide Requirements for a Drug–Free Workplace”; 2 CFR 180 & 1400, “Non–Procurement Debarment and Suspension”, previously located at 43 CFR Part 42, “Governmentwide Debarment and Suspension (NonProcurement)”; 43 CFR 18, “New Restrictions on Lobbying”; 2 CFR Part 175, “Trafficking Victims Protection Act of 2000”; FAR Clause 52.203–12, Paragraphs (a) and (b), Limitation on Payments to Influence Certain Federal Transactions; 2 CFR Part 25, System for Award Management (www.SAM.gov) and Data Universal Numbering System (DUNS); and 2 CFR Part 170, “Reporting Subawards and Executive Compensation”. 2. Non–Discrimination. All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; Title VI of the Civil Righ ts Act of 1964, as AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 2 of 13 amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. 3. Lobbying Prohibition. 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as amended by Public Law 107–273, Nov. 2, 2002 – No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter–intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31. In addition to the above, the related restrictions on the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110–161) also apply. 4. Anti–Deficiency Act. Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations. 5. Business Enterprise Development. Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms . NPS is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order. 6. Assignment. No part of this Agreement shall be assigned to any other party without prior written approval of the NPS and the Assignee. 7. Member of Congress. Pursuant to 41 U.S.C. § 22, no Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or adopted by or on behalf of the United States, or to any benefit to arise thereupon. 8. Agency. The Recipient is not an agent or representative of the United States, the Department of the Interior, NPS, or the Park, nor will the Recipient represent its self as such to third parties. NPS employees are not agents of the Recipient and will not act on behalf of the Recipient. 9. Non–Exclusive Agreement. This Agreement in no way restricts the Recipient or NPS from entering into similar agreements, or participating in similar activities or arrangements, with other public or private agencies, organizations, or individuals. 10. Survival. Any and all provisions which, by themselves or their nature, are reasonably expected to be performed after the expiration or termination of this Agreement shall survive and be enforceable after the expiration or termination of this Agreement. Any and all liabilities, actual or contingent, which have arisen during the term of and in connection with this Agreement shall survive expiration or termination of this Agreement. 11. Partial Invalidity. If any provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the r emainder of this Agreement or the application of such provision to the parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 3 of 13 12. Captions and Headings. The captions, headings, article numbers and paragraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of the provision of this Agreement nor in any way affecting this Agreement. 13. No Employment Relationship. This Agreement is not intended to and shall not be construed to create an employment relationship between NPS and Recipient or its representatives. No representative of Recipient shall perform any function or make any decision properly reserved by law or policy to the Federal government. 14. No Third–Party Rights. This Agreement creates enforceable obligations between only NPS and Recipient. Except as expressly provided herein, it is not intended nor shall it be construed to create any right of enforcement by or any duties or obligation in favor of persons or entities not a party to this Agreement. 15. Foreign Travel. The Recipient shall comply with the provisions of the Fly America Act (49 U.S.C. 40118). The implanting regulations of the Fly America Act are found at 41 CFR 301 –10.131 through 301–10.143. B) Special Provisions 1) Public Information and Endorsements a) Recipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, man uscripts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a business, product, service, or position which the Recipient represents. No release of information relating to this award may state or imply that the Government approves of the Recipient’s work products, or considers the Recipient’s work product to be superior to other products or services. b) All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer. c) The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government . Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government. d) Recipient must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or employee (by name or title). The specific text, layout photographs, etc. of the proposed release must be submitted with the request for approval. e) Recipient further agrees to include this provision in a subaward to a subrecipient, except for a subaward to a State government, a local government, or to a federally recog nized Indian tribal government. 2) Publications of Results of Studies. No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publications of previously published technical matter. Publications pursuant to this Agreement may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties contribution to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion. 3) Rights in Data. The Recipient must grant the United States of America a royalty–free, non–exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this Agreement by the Recipient, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 4 of 13 4) Retention and Access Requirements for Records. All Recipient financial and programmatic records, supporting documents, statistical records, and other grants–related records shall be maintained and available for access in accordance with 2 CFR Part 200.333–200.337. With respect to 2 CFR 200.333(c), “final disposition” as it relates to real property acquired or developed with LWCF funds is considered to mean once the property is approved for conversion (i.e., as long as there is an LWCF interest in a property the records for it must be maintained). 5) Audit Requirements a) Non–Federal entities that expend $750,000 or more during a year in Federal awards shall have a single or program–specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501–7507) and2 CFR Part 200, Subpart F , which is available at http://www.ecfr.gov/cgi–bin/text– idx?SID=fd6463a517ceea3fa13e665e525051f4&node=sp2.1.200.f&rgn=div6 b) Non–Federal entities that expend less than $750,000 for a fiscal year in Federal awards are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass–through entity, and General Accounting Office (GAO). c) Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR Part 200, Subpart F, as applicable. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/sac/ . 6) Procurement Procedures. It is a national policy to place a fair share of purchases with minority business firms. The Department of the Interior is strongly committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. Positive efforts shall be made by recipients to utilize small businesses, minority–owned firms, and women's business enterprises, whenever possible . Recipients of Federal awards shall take all of the following steps to further this goal: a) Ensure that small businesses, minority–owned firms, and women's business enterprises are used to the fullest extent practicable. b) Make information on forthcoming opportunities available and arrange time frames for purchases and contracts to encourage and facilitate partic ipation by small businesses, minority–owned firms, and women's business enterprises. c) Consider in the contract process whether firms competing for larger contracts intend to subcontract with small businesses, minority–owned firms, and women's business enterprises. d) Encourage contracting with consortiums of small businesses, minority–owned firms and women's business enterprises when a contract is too large for one of these firms to handle individually. e) Use the services and assistance, as appropriate, of such organizations as the Small Business Development Agency in the solicitation and utilization of small business, minority –owned firms and women's business enterprises. 7) Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving. Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was signed by President Barack Obama on October 1, 2009. This Executive Order introduces a Federal Government–wide prohibition on the use of text messaging while driving on official business or while using Government–supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company–owned or –rented vehicles, government–owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on behalf of the government. 8) Seat Belt Provision. The Recipient is encouraged to adopt and enforce on–the–job seat belt use policies and programs for their employees when operating company–owned, rented, or personally AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 5 of 13 owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. 9) Trafficking in Persons. This term of award is pursuant to paragraph (g) of Section 106 of the Trafficking Victims Protections Act of 2000, as amended (2 CFR §175.15). a) Provisions applicable to a recipient that is a private entity. 1. You as the Recipient, your employees, subrecipients under this award, and subrecipients’ employees may not– i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity– i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either: a. Associated with performance under this award: or b. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (NonProcurement),” as implemented by our agency at 2 CFR part 1400. b) Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity– 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (NonProcurement),” as implemented by our agency at 2 CFR part 1400. c) Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 6 of 13 ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d) Definitions. For purposes of this award term: 1. “Employee” means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this awards; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in–kind contribution toward cost sharing or matching requirements. 2. “Forced labor” means labor obtained by any of the following methods: The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. “Private entity” means: i. Any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25; and ii. Includes: a. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). b. A for–profit organization. 4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 10) Recipient Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights a. This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239). b. The Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712. c. The Award Recipient shall insert the substance of this clause, including this paragraph (c), in all subawards or subcontracts over the simplified acquisition threshold , 42 CFR § 52.203–17 (as referenced in 42 CFR § 3.908–9). 11) Reporting Subawards And Executive Compensation a) Reporting of first–tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph D. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery Act funds (as defined in section 1512(a)(2) of the American Recovery and AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 7 of 13 Reinvestment Act of 2009, Pub. L. 111–5) for a subaward to an entity (see definitions in paragraph E. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph A.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b) Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this award is $25,000 or more; ii. In the preceding fiscal year, you received— a. 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph A.1. of this award term: i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c) Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph D. of this award term, for each first–tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if— i. In the subrecipient’s preceding fiscal year, the subrecipient received— a. 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 8 of 13 b. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transp arency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensatio n described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d) Exemptions. 1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e) Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for–profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non– Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term includes your procurement of property and services needed to carry out the project or program. The term does not include procurement of incidental property and services needed to carry out the award project or program. iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 9 of 13 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non–equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above–market earnings on deferred compensation which is not tax–qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 12) Conflict of Interest a) The Recipient must establish safeguards to prohibit its employees and Sub –recipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Recipient is responsible for notifying the Awarding Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of interest include any relationship or matter which might place the Recipient or its employees in a position of conflict, real or apparent, between their responsibilities under the agreement and any other outside interests. Conflicts of interest may also include, bu t are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision–making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Recipient and/or Recipient's employees and Sub–recipients in the matter. b) The Awarding Officer and the servicing Ethics Counselor will determi ne if a conflict of interest exists. If a conflict of interest exists, the Awarding Officer will determine whether a mitigation plan is feasible. Mitigation plans must be approved by the Awarding Officer in writing. c) Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR § 200.338, Remedies/or Noncompliance, including suspension or debarment (see also 2 CFR Part 180). ARTICLE XVI – LWCF PROVISIONS Part I – Definitions A. The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior. AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 10 of 13 B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director. C. The term "Manual" as used herein means the Land and Water Conservation Fund State Assista nce Program Manual. D. The term "project" as used herein means a Land and Water Conservation Fund grant, which is subject to the project agreement and/or its subsequent amendments. E. The term "State" as used herein means the State or Territory that is a par ty to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition , obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. F. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. Part II - Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A. The State agrees, as recipient of this assistance, that it will meet the general, special, and LWCF provisions outlined in this award agreement and that it will further impose these provisions, and the terms of the project agreement, upon any political subdivision or public agency to which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B. The State agrees that the property described in the project agreement and the signed and dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary s hall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole d iscretion of the Secretary, or his/her designee. Prior to the completion of this project, the State and the Director may mutually alter the area described and shown in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the Service of the potential conversion as soon as possible and to seek approval of replacement property in accord with the AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 11 of 13 conditions set forth in these provisions and program regulations. The provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Service; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Service. C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under t his agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion - of-use request as described in Part II.B above. D. The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of sai d Manual are incorporated into and made a part of the project agreement. E. The State agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (Title 36 Part 59 of the Code of Federal Regulations). F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the project agreement and the signed and dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. G. Nondiscrimination 1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in the Civil Rights Assurance appearing at Article XV.A.2. 2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. Part III - Project Assurances A. Project Application 1. The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion, or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. B. Project Execution 1. The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 12 of 13 Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement. 2. The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence. 3. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 4. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 5. In the event the project covered by the project agreement, cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of rec reational usefulness agreed upon by the State and the Director or his designee. 6. The State will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require. 7. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 8. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or wat er pollution, and Executive Order 11990 relating to the protection of wetlands. 9. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, reba te, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or e ligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. C. Project Termination 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the Service. 2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mut ual agreement. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director AGENDA ITEM #7. e) LWCF Grant Agreement General Provisions September 22, 2017 Page 13 of 13 will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the non-cancelable obligations, properly incurred by the grantee prior to termination. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park Service be returned. D. Project Closeout 1. The State will determine that all applicable administrative actions, including financial, and all required work as described in the project agreement has been completed by the end of the project’s period of performance. 2. Within 90 calendar days after completing the project or after the end of the period of performance, whichever comes first, the State will submit all required documentation as outlined in the Manual and the Federal Financial Report (SF-425) as outlined in Article XII of this Agreement for approval by the Service prior to requesting final reimbursement. 3. After review, including any adjustments, and approval from the NPS, the State will request through ASAP the final allowable reimbursable costs. Upon completion of an electronic payment, the State will submit a completed “LWCF Record of Electronic Payment” form to the NPS. 4. The NPS retains the right to disallow costs and recover funds on the basis of later audit or other review within the record retention period. ARTICLE XVII – ATTACHMENTS INCORPORATED BY REFERENCE The following completed documents are made a part of this Agreement: Attachment A. LWCF Federal Financial Assistance Manual, Volume 69 Attachment B. Project Application and Attachments AGENDA ITEM #7. e) Eligible Scope Activities 16-1772 Sunset Neighborhood Park, Ph. II-L Acquisition & Development City of Renton 9/27/2017 Project Number: Project Type: Approval: Project Sponsor: Project Title: Program:Land and Water Conservation Project Metrics Sites Improved 3.20Project acres developed: 0.00Project acres renovated: Acquisition Metrics Property: Sunset Neighborhood Park (Worksite #1, Sunset Neighborhood Park) Real Property Acquisition Land Acres by Acreage Type (fee simple): 0.18 Uplands Structures to be demolishedExisting structures on site: Development Metrics Worksite #1, Sunset Neighborhood Park General Site Improvements Develop circulation paths or access routes ConcreteSelect the surface of the path/walkway: 1110Linear feet of path/walkway: YesLighting provided (yes/no): 0 new, 0 renovatedNumber of walkway bridges: Install lighting (general security) 10Number of general security lights installed: Install signs/kiosk 0 new, 0 renovatedNumber of kiosks: 0 new, 0 renovatedNumber of interpretive signs/displays: 1 new, 0 renovatedNumber of permanent entrance signs: 0 new, 0 renovatedNumber of electronic signs: NoProject involves installation of informational signs (yes/no): Install site furnishings Landscaping improvements 0.72Acres of landscaped area : Drainage, Grass/turf, Groundcover, Irrigation, Planters, Trees/shrubs, Water feature/fountain Select the landscape features: Play Areas Playground development 2 new, 0 renovatedNumber of play areas: 0 new, 0 renovatedNumber of climbing walls/rocks: OtherSelect the play area surface material type: Playground surface to be poured-in-place rubber. Site Preparation General site preparation ELIGREIM.RPT 1Page: March 20, 2018 AGENDA ITEM #7. e) Eligible Scope Activities Sports Facilities Install fitness course 1 new, 0 renovatedNumber of fitness courses: Fitness course type and size: 0.0 Fitness trail (miles) 0.1 Fitness center (acres) 8 new, 0 renovatedNumber of fitness/workout stations: Permits Obtain permits Architectural & Engineering Architectural & Engineering (A&E) ELIGREIM.RPT 2Page: March 20, 2018 AGENDA ITEM #7. e) Milestone Report By Project 16-1772 CProject Number: Project Name: Sponsor: Sunset Neighborhood Park, Ph. II-L Renton City of Project Manager:Karen Edwards Target DateMilestoneX Comments/Description! Cultural Resources Complete 11/30/2010X! SEPA/NEPA Completed 04/01/2011X Purchase Agreement Signed 01/11/2016X! Acquisition Closing 03/31/2016 Via waiver of retroactivity #14-36 dated 10/14/2014 and #15-54 dated 12/29/2015. X ! Survey Complete 06/02/2016X Recorded Acq Documents to RCO 07/05/2016X Demolition Complete 09/30/2016 Via waiver of retroactivity #15-54 dated 12/29/2015.X Order Appraisal(s)09/15/2017 Appraisal also completed on 10/21/2015.X Project Start 01/25/2018X Order Appraisal Review(s)01/31/2018X! Design Initiated 03/01/2018 60% Plans to RCO 05/15/2018 Progress Report Due 06/30/2018! Annual Project Billing Due 07/31/2018! Applied for Permits 09/01/2018 All Bid Docs/Plans to RCO 10/01/2018 Progress Report Due 12/31/2018! Bid Awarded/Contractor Hired 01/15/2019 Construction Started 03/01/2019! 50% Construction Complete 05/01/2019 Progress Report Due 06/30/2019! Annual Project Billing Due 07/31/2019! 90% Construction Complete 08/01/2019 Construction Complete 08/31/2019 RCO Final Inspection 09/15/2019 Funding Acknowl Sign Posted 09/15/2019 Agreement End Date 09/30/2019! Page:11MILESTO.RPT March 20, 2018 AGENDA ITEM #7. e) Milestone Report By Project Final Billing Due 10/01/2019 Submit prior to final report. Final Report Due 10/02/2019 Submit after final billing. X = Milestone Complete ! = Critical Milestone Page:21MILESTO.RPT March 20, 2018 AGENDA ITEM #7. e) Sunset Neighborhood Park –Phase II 4 –Project Design 26 Parcel 3 Acquisition & Phase II (2018) Development •Playgrounds (ages 2-5 & 5-12) •Fitness Area (Teen & Adult) •Picnic Area •Interactive Water Feature •Perimeter Loop Trail •Landscaping •Site Amenities Acquisition AGENDA ITEM #7. e) AB - 2108 City Council Regular Meeting - 02 Apr 2018 SUBJECT/TITLE: Sunset Neighborhood Park Phase II - King County Youth and Amateur Sports Fund Grant Agreement RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources EXT.: 6619 FISCAL IMPACT SUMMARY: The King County Youth and Amateur Sports Fund grant administered by the King County Natural Resources and Parks/Parks and Recreation Division will generate $175,000 in revenue for Phase II construction improvements. This funding can be used to leverage other grant funding sources for this project to include the $500,000 Federal Land and Water Conservation Fund grant, City funding, and the anticipated $3,000,000 State Legislative Direct Appropriation. Estimated project costs are $3,675,000. SUMMARY OF ACTION: In 2017, the City was notified of being awarded a $175,000 Youth and Amateur Sports Fund grant for Phase II improvements at Sunset Neighborhood Park. Phase II improvements for this grant award includes all amenities to complete the full park build-out (formerly phases II and III of park development). The following elements are included: Two children's play areas, fitness area, picnic area, water feature, landscaping, pergola, picnic gazebo, irrigation, grass, site amenities, and walkways. Grant funding is limited to construction only. EXHIBITS: A. KC YASF Grant Agreement Sunset Neighborhood Park Ph II-6004648 B. Sunset Neighborhood Park Phase II Improvements C. Draft Resolution STAFF RECOMMENDATION: Authorize acceptance of grant funding by adopting the Resolution, authorizing the Mayor and City Clerk to execute the grant agreement with King County and adjusting the budget to reflect the grant funding. AGENDA ITEM #7. f) Youth and Amateur Sports Grant Agreement Get Active / Stay Active Project Department/Division: Natural Resources and Parks / Parks and Recreation Division Agency: City of Renton Project: Sunset Neighborhood Pk Ph. II Amount: $ $175,000.00 Project: 1133467 Contract: 6004648 Term Period: January 1, 2018 To December 31, 2019 THIS CONTRACT is entered into by KING COUNTY (the “County”), and City of Renton (the “Agency”), whose address is: 1055 S. Grady Way Renton, WA 98057 WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or amateur sports opportunities or are acts as a fiscal sponsor for such project; WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports Fund (“YASF”) Grant award to assist in projects that provide increased athletic opportunities for the citizens of King County, Washington; WHEREAS, the Agency shall utilize the award to address an athletic need in King County; and WHEREAS, King County is authorized to administer the YASF grant project and enter into agreements for the use of King County funds by public agencies or not-for-profit organizations to provide a service to the public under King County Ordinance 18409; NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: Scope of Services Attached hereto as Exhibit I Budget Attached hereto as Exhibit II AGENDA ITEM #7. f) 2. TERM OF CONTRACT This Agreement shall commence on January 1, 2018, and shall expire on the December 31, 2019, unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement. 3. PREMISES This grant project is located at: 2680 Sunset Lane NE, 4. PARTIES All communication, notices, coordination, and other tenets of this Agreement shall be managed by: On behalf of County: Butch Lovelace, YSFG Project Manager King County Parks and Recreation Division 201 South Jackson Street, Suite 700 Seattle, WA 98104-3855 Email: butch.lovelace@kingcounty.gov Phone: 206.477.4577 On behalf of Agency: Leslie Betlach Planning and Natural Resources Director 1055 S. Grady Way Renton, WA 98057 Email: Lbetlach@Rentonwa.gov Phone: 425-430-6619 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Agreement after the Agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than thirty (30) days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15) days of the date this Agreement expires or is terminated. If the Agency’s final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. AGENDA ITEM #7. f) 6. OPERATING BUDGET When a budget is attached hereto as Exhibit II, the Agency shall apply the funds received from the County under this Agreement in accordance with said budget. If, at any time during the Term of this Agreement, the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the Agreement amount, then the Agency shall notify County to request approval. Supporting documents necessary to explain fully the nature and purpose of the change(s) and an amended budget must accompany each request for such approval. County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize County as a fiscal sponsor for the grant project in the following manner: A. Events: The Agency shall invite and recognize “King County Parks” at all events promoting the project, and at the final project dedication. B. Community Relations: The Agency shall recognize “King County Parks” as a fiscal sponsor in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 8. PRIORITY OF USE; PUBLIC ACCESS; SCHEDULING These funds are provided for the purpose of developing and/or project sports activities for, but not exclusively serving, persons under 21 years of age, and low and moderate income communities within King County. Fees for the project shall be no greater than those generally charged by public operators or project providers in King County. 9. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. 10. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and project records and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. AGENDA ITEM #7. f) 11. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to this Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding this Agreement and the Project upon reasonable notice during normal business hours. 12. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shall compl y with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to “public works,” payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 13. CORRECTIVE ACTION A. If the County determines that a breach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Agency. B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. 14. TERMINATION A. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. Any King County obligations under this Agreement beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation year. 15. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. The Agency understands, acknowledges, and agrees that the County AGENDA ITEM #7. f) shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 16. HOLD HARMLESS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or the Agency's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Agency's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents; and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Agency. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Agency in conjunction with this Agreement. The Agency's duties under this Section will survive the expiration or earlier termination of this Agreement. 17. INSURANCE A. Liability Insurance Requirements. Notwithstanding any other provision within this Agreement, the Agency and it subcontractors shall procure and maintain coverage and limits for no less than the following: 1. Commercial General Liability. Insurance Service “occurrence” form CG 00 01 (current edition), to include Products-Completed Operations, insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Agreement. The insurance coverage shall be no less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. AGENDA ITEM #7. f) 2. Automobile Liability. If activities require vehicle usage. Insurance Services form number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol 1 “any auto”. If the grant includes the use of automobiles, the Limit of Liability shall be no less than One Million Dollars ($1,000,000) per occurrence. 3. Workers Compensation/Stop Gap. If the recipient or its contractor(s) has/have employees. Statutory Workers Compensation coverage and Stop Gap Liability for a limit no less than One Million Dollars ($1,000,000) per occurrence. 4. Professional Liability. If the grant includes the use of Professional Services. Professional Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and in the aggregate. B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than Five Thousand ($5,000) in value, the Agency shall provide “All Risk” Builders Risk or Property coverage for the full replacement value of the project/property built/purchased. King County shall be listed as an additional Loss payee as our interests may appear. C. King County and its officers, officials, employees and agents shall be covered as additional insured on Agency’s and its contractor(s’) commercial general liability insurance and, if applicable, commercial auto liability insurance, with respect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products-Completed Operations. D. To the extent of the Agency's or its contractor’s negligence, their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractors insurance, and shall not benefit either in any way. The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best’s rating of no less than A-VIII. Within five (5) business days of County’s request, Agency must provide a Certificate of Insurance and Additional Insured Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a municipal corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. The Agency's duties under this Section shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that AGENDA ITEM #7. f) for the relevant period of public use set forth in Section 8, the Agency shall maintain insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this Section. 18. ANTI-DISCRIMINATION King County Code chapters 12.16, 12.17 through 12.18 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, religion, national origin, sexual orientation, gender identity or expression, marital status or the presence of any sensory, mental, or physical disability unless based upon a bonafide occupational qualification, or age except by minimum age and retirement provisions, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, religion, sexual orientation, gender identity or expression, age (except minimum age and retirement provisions), marital status, or the presence of any sensory, mental, or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part of this Agreement by King County and may result in ineligibility for further King County agreements. [Community Partner Name] shall also comply with all applicable anti-discrimination laws or requirements of any and all jurisdictions having authority. 19. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. 20. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 21. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in an y way. B. The Agency shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. AGENDA ITEM #7. f) C. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. The Agency's duties under this Section shall survive the expiration of this Agreement. 22. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any such notice shall be deemed to have been given on the date of delivery, if mailed, on the third (3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed to have been given on the date of transmission. Either party may change its address, fax number, email address, or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. 23. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 24. CONTRACT AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. Either party may request changes to this Agreement. No modifications or amendment of this Agreement shall be valid or effective unless evidenced by an Agreement in writing signed by the Parties. 25. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 26. TAXES The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. AGENDA ITEM #7. f) 27. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, K ing County, Washington. 28. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and are not intended to be a part of this Agreement or in any manner to define, limit, or describe the scope or intent of this Agreement or the particular paragraphs to which they refer. 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural will include the singular. 32. PERMITS AND LICENSES The Agency shall design, develop and construct the Project in accordance will all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Agency at its sole expense and liability. The Agency shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project, 33. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 34. POLICE POWERS OF THE COUNTY Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental or police powers of the County. 35. ENTIRE AGREEMENT AGENDA ITEM #7. f) This Agreement, including its attachments, constitutes the entire Agreement between the County and the Agency. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. KING COUNTY FOR City of Renton Parks and Recreation King County Executive Signature Date NAME Mayor Denis Law Date AGENDA ITEM #7. f) City of Renton - Sunset Neighborhood Pk Ph. II - Exhibit I 1 Scope of Work Project Description This 3.2-Acre park is being designed and constructed in two phases. Phase II (this application) completes the park and will add the following recreation amenities: Adult fitness equipment, 2 children’s play areas, completion of the pervious pavement looped trail system, trail mile markers, completion of the water feature (plumbing installed in Phase I), 2 picnic areas, picnic gazebo, pergola with benches defining the performance/open space lawn area, art, irrigation, and additional planting. Park funding partners include: Washington State Legislature ($3 Million Direct Appropriation) and the National Park Service ($500,000 LWCF grant). Both partners have sent funding award notifications. Organization Description City of Renton Mission The City of Renton, in partnership and communication with residents, business, and schools, is dedicated to: - Providing a safe, healthy, welcoming atmosphere where people choose to live through effective communication and service delivery, community involvement, developing quality housing choices for all ages and income levels, promoting a walkable community, and emergency preparedness. - Promoting economic vitality and strategically positioning Renton for the future by promoting Renton, capitalizing on bold and creative economic development strategies, recruiting and retaining businesses, nurturing entrepreneurship and fostering partnerships, and leveraging public/private resources. - Supporting planned growth and influencing decisions that impact the city by fostering development of vibrant, sustainable, attractive, mixed-use neighborhoods; upholding high design and property maintenance standards; advocating Renton's interests through lobbying efforts, regional partnerships and other organizations; pursuing transportation and other regional improvements and services that improve the quality of life; and balancing development with environmental protection. - Building an inclusive informed city with opportunities for all by improving access to city services and programs; building connections with all communities; promoting an understanding and appreciation of diversity; providing critical and relevant information and facilitating a two - way dialogue between city government and the community; and encouraging volunteerism, participation, and civic engagement - Meeting service demands through high quality customer service, innovation, a positive work environment, and a commitment to excellence by planning, developing and maintaining quality services, infrastructure, and amenities; prioritizing services at levels that can be sustained by revenue; retaining skilled workforce; developing and maintaining collaborative partnerships AGENDA ITEM #7. f) City of Renton - Sunset Neighborhood Pk Ph. II - Exhibit I 2 and investment strategies; and responding to growing service demands through partnerships, innovation and outcome management. This grant funding will help fund the completion of a neighborhood park that serves a highly diverse population. The park will serve as an anchor in the Sunset area and will be the catalyst for further transforming the neighborhood; parks are an integral part to a community’s economic, cultural, social and environmental infrastructure. The park will offer multiple opportunities for recreation, environmental education, social gathering and partnerships with the adjacent King County Library, the Renton School District and community members helping to build a stronger and healthier community. Community & Equity Impact This park is a gateway facility for the Sunset area and a catalyst for transforming a part of the City that was the site of World War II-era housing and is working to overcome academic, health care and obesity, public safety, and socio-economic challenges.The estimated 6,137 residents who live within a ½-mile park service radius are in an area where 70 percent of the housing is considered sub-standard. Fifty-one percent of the population is non-white, the area’s poverty rate is 27 percent, the unemployment rate is 6.6 percent, and violent crime rate is 2.5 times the city’s average. The obesity rate is 25 percent for grades 8-12 and adults, 43% of adults 18 and older have high cholesterol and screen time (grades 8 - 12) is 58 percent. Over thirteen percent (13.4 percent) do not have a high-school diploma. - The park will facilitate healthy lifestyles by providing opportunities for increased levels of physical activity, helping to diminish the risk of obesity-related chronic diseases. - The park will be an essential element in improved human and environmental health. In addition to multiple opportunities for physical activity people will have the opportunity to connect to nature, experience improved air quality, experience improved water quality and reduced storm water runoff with the co-located rain garden and regional storm water facility (Phase I) and participate in environmental education. - The park will foster community cohesion by offering opportunities for people of all ages to interact, communicate, compete, learn and grow, participate in Block Watch Programs, and volunteer. Numerous studies have shown that the more webs of human relationships a neighborhood has (termed “social capital”), the stronger, safer and more successful it is. (One of the best measurements for Community Cohesion is volunteerism). - The park will facilitate a healthy, vibrant neighborhood with increased sales tax revenue attributed to increased spending at new and expanded businesses and tourism. This park will be the venue for the multi-day International Festival, outdoor concerts, movies in the park and children’s shows. - The park will help to foster a walkable community. The park is centrally located and utilizing the "Complete Streets" approach will be linked to area residences, business and schools (three AGENDA ITEM #7. f) City of Renton - Sunset Neighborhood Pk Ph. II - Exhibit I 3 schools are within a 1/2 mile walking distance), thereb y encouraging residents and employees to exercise and use alternative modes of transportation. Project Management & Evaluation The City's Capital Project Coordinator will provide project management from design through construction contract administration, and the grant administration. During design, opportunities will be provided for staff to review the project. During construction, the Coordinator will preside over weekly Owner/Architect Contractor meetings to review project progress, and review all expenses and invoices. Project Substantial Completion and Final Acceptance will be completed after all the site work has been accomplished. A Building Permit and a Public Health Permit (water feature) will be acquired prior to the contractor receiving the Notice to Proceed. The City's Parks Maintenance team will implement the Landscape Management Plan developed for the park and follow best management practices. AGENDA ITEM #7. f) Exhibit II YASF Grant Project Costs Committed Pending Request $500,000 $500,000 $3,175,000 $3,000,000 $175,000 $3,675,000 Committed Pending*YASF Grant $0 $3,500,000 $175,000 PROJECT COSTS YASF Grant $3,675,000 $175,000 YASF Project Budget Project Tasks Project Funding Construction & Installation Design PROJECT MATCH PROVIDED $3,500,000 Totals: Administration Subtotals: Project Cost Total Materials Project Name: City of Renton - Sunset Neighborhood Park Phase II Additional Funding AGENDA ITEM #7. f) Adopted: November 3, 2014 Amended: November 15, 2016 0 20 40 80 feetN Sunset Neighborhood Park Master Plan Investing in Housing ● Jobs ● Education ● Health ● Environment ● Transportation PHASE I (substantial completion Mar. 2018) PHASE II LEGEND NE 10 T H S T SUNSET LN NESUNSET LN NESUN S E T LN N E G L ENWOO D A V E HARRINGTON AVEHARRINGTON AVERenton Highlands Library Market Rate Housing / Mixed UseMarket Rate Housing Market Rate Housing RHA HousingRHA Housing RHA Housing Teen / Adult Fitness Pervious Pavement with 6” Concrete Curb Edges Native Evergreen Tree, Typ. Street Tree, Typ. Pergola Structure with Curved Benches Performance Seating / Open Space Lawn Water Feature Bench with Planters Viewing / Picnic Gazebo “Stage Area” Load / Unload Playground (5-12 yr) Playground (2-5 yr)Curbs and Step-Off Pads Installed During Sunset Lane NE Construction Art Location Entry Sign Restroom with Pergola Structure over Breezeway Existing Raingardens Pergola with Free Library and Seating Curved Bench with Interpretive Sign Raingarden, Typ. Art Location Accent Tree, Typ. Picnic Area PHASE I (substantial completion, Mar. 2018) PHASE II Phase II Improvements AGENDA ITEM #7. f) 1  CITY OF RENTON, WASHINGTON    RESOLUTION NO. _______    A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE  MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF  RENTON AND KING COUNTY FOR A YOUTH AND AMATEUR SPORTS FUND  (“YASF”) GRANT IN THE AMOUNT OF $175,000 FOR THE SUNSET  NEIGHBORHOOD PARK PHASE II CONSTRUCTION IMPROVEMENTS.  WHEREAS, the City of Renton was recommended for a $175,000 YASF Grant to complete  the Phase II improvements at the Sunset Neighborhood Park; and   WHEREAS, development of the Phase II improvements for the Sunset Neighborhood Park  in Renton’s Highlands Community Planning Area is consistent with the City of Renton’s adopted  Parks, Recreation and Natural Areas Plan, and further, the City Council considers it in the best  public interest to complete the park improvements;   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  RESOLVE AS FOLLOWS:   SECTION I. The City Council of the City of Renton, Washington, authorizes the Mayor  and City Clerk to execute the King County YASF Grant Agreement, attached hereto as Exhibit A  and incorporated by this reference, to accept a grant in the amount of $175,000 for the Phase II  improvements at Sunset Neighborhood Park.   SECTION II. The City’s share of the project monies will be derived from a federal Land  and Water Conservation Fund grant, and a state legislative direct appropriation.       AGENDA ITEM #7. f) RESOLUTION NO. _______  2  SECTION III. YASF Grant funds received shall be used to complete the Sunset  Neighborhood Park Phase II construction improvements in the Highlands Community Planning  Area.  PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2018.        ______________________________  Jason A. Seth, City Clerk     APPROVED BY THE MAYOR this ______ day of _______________________, 2018.        ______________________________  Denis Law, Mayor            Approved as to form:      ______________________________  Shane Moloney, City Attorney    RES:1765:3/21/18:scr     AGENDA ITEM #7. f) RESOLUTION NO. _______  3                    EXHIBIT A    YOUTH AND AMATEUR SPORTS GRANT AGREEMENT  BETWEEN CITY OF RENTON AND KING COUNTY    AGENDA ITEM #7. f) Youth and Amateur Sports Grant Agreement Get Active / Stay Active Project Department/Division: Natural Resources and Parks / Parks and Recreation Division Agency: City of Renton Project: Sunset Neighborhood Pk Ph. II Amount: $ $175,000.00 Project: 1133467 Contract: 6004648 Term Period: January 1, 2018 To December 31, 2019 THIS CONTRACT is entered into by KING COUNTY (the “County”), and City of Renton (the “Agency”), whose address is: 1055 S. Grady Way Renton, WA 98057 WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or amateur sports opportunities or are acts as a fiscal sponsor for such project; WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports Fund (“YASF”) Grant award to assist in projects that provide increased athletic opportunities for the citizens of King County, Washington; WHEREAS, the Agency shall utilize the award to address an athletic need in King County; and WHEREAS, King County is authorized to administer the YASF grant project and enter into agreements for the use of King County funds by public agencies or not-for-profit organizations to provide a service to the public under King County Ordinance 18409; NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: Scope of Services Attached hereto as Exhibit I Budget Attached hereto as Exhibit II AGENDA ITEM #7. f) 2. TERM OF CONTRACT This Agreement shall commence on January 1, 2018, and shall expire on the December 31, 2019, unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement. 3. PREMISES This grant project is located at: 2680 Sunset Lane NE, 4. PARTIES All communication, notices, coordination, and other tenets of this Agreement shall be managed by: On behalf of County: Butch Lovelace, YSFG Project Manager King County Parks and Recreation Division 201 South Jackson Street, Suite 700 Seattle, WA 98104-3855 Email: butch.lovelace@kingcounty.gov Phone: 206.477.4577 On behalf of Agency: Leslie Betlach Planning and Natural Resources Director 1055 S. Grady Way Renton, WA 98057 Email: Lbetlach@Rentonwa.gov Phone: 425-430-6619 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Agreement after the Agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than thirty (30) days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15) days of the date this Agreement expires or is terminated. If the Agency’s final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. AGENDA ITEM #7. f) 6. OPERATING BUDGET When a budget is attached hereto as Exhibit II, the Agency shall apply the funds received from the County under this Agreement in accordance with said budget. If, at any time during the Term of this Agreement, the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the Agreement amount, then the Agency shall notify County to request approval. Supporting documents necessary to explain fully the nature and purpose of the change(s) and an amended budget must accompany each request for such approval. County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize County as a fiscal sponsor for the grant project in the following manner: A. Events: The Agency shall invite and recognize “King County Parks” at all events promoting the project, and at the final project dedication. B. Community Relations: The Agency shall recognize “King County Parks” as a fiscal sponsor in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 8. PRIORITY OF USE; PUBLIC ACCESS; SCHEDULING These funds are provided for the purpose of developing and/or project sports activities for, but not exclusively serving, persons under 21 years of age, and low and moderate income communities within King County. Fees for the project shall be no greater than those generally charged by public operators or project providers in King County. 9. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. 10. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and project records and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. AGENDA ITEM #7. f) 11. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to this Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding this Agreement and the Project upon reasonable notice during normal business hours. 12. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shall compl y with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to “public works,” payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 13. CORRECTIVE ACTION A. If the County determines that a breach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Agency. B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. 14. TERMINATION A. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. Any King County obligations under this Agreement beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation year. 15. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. The Agency understands, acknowledges, and agrees that the County AGENDA ITEM #7. f) shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 16. HOLD HARMLESS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or the Agency's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Agency's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents; and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Agency. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Agency in conjunction with this Agreement. The Agency's duties under this Section will survive the expiration or earlier termination of this Agreement. 17. INSURANCE A. Liability Insurance Requirements. Notwithstanding any other provision within this Agreement, the Agency and it subcontractors shall procure and maintain coverage and limits for no less than the following: 1. Commercial General Liability. Insurance Service “occurrence” form CG 00 01 (current edition), to include Products-Completed Operations, insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Agreement. The insurance coverage shall be no less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. AGENDA ITEM #7. f) 2. Automobile Liability. If activities require vehicle usage. Insurance Services form number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol 1 “any auto”. If the grant includes the use of automobiles, the Limit of Liability shall be no less than One Million Dollars ($1,000,000) per occurrence. 3. Workers Compensation/Stop Gap. If the recipient or its contractor(s) has/have employees. Statutory Workers Compensation coverage and Stop Gap Liability for a limit no less than One Million Dollars ($1,000,000) per occurrence. 4. Professional Liability. If the grant includes the use of Professional Services. Professional Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and in the aggregate. B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than Five Thousand ($5,000) in value, the Agency shall provide “All Risk” Builders Risk or Property coverage for the full replacement value of the project/property built/purchased. King County shall be listed as an additional Loss payee as our interests may appear. C. King County and its officers, officials, employees and agents shall be covered as additional insured on Agency’s and its contractor(s’) commercial general liability insurance and, if applicable, commercial auto liability insurance, with respect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products-Completed Operations. D. To the extent of the Agency's or its contractor’s negligence, their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractors insurance, and shall not benefit either in any way. The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best’s rating of no less than A-VIII. Within five (5) business days of County’s request, Agency must provide a Certificate of Insurance and Additional Insured Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a municipal corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. The Agency's duties under this Section shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that AGENDA ITEM #7. f) for the relevant period of public use set forth in Section 8, the Agency shall maintain insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this Section. 18. ANTI-DISCRIMINATION King County Code chapters 12.16, 12.17 through 12.18 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, religion, national origin, sexual orientation, gender identity or expression, marital status or the presence of any sensory, mental, or physical disability unless based upon a bonafide occupational qualification, or age except by minimum age and retirement provisions, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, religion, sexual orientation, gender identity or expression, age (except minimum age and retirement provisions), marital status, or the presence of any sensory, mental, or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part of this Agreement by King County and may result in ineligibility for further King County agreements. [Community Partner Name] shall also comply with all applicable anti-discrimination laws or requirements of any and all jurisdictions having authority. 19. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. 20. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 21. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in an y way. B. The Agency shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. AGENDA ITEM #7. f) C. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. The Agency's duties under this Section shall survive the expiration of this Agreement. 22. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any such notice shall be deemed to have been given on the date of delivery, if mailed, on the third (3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed to have been given on the date of transmission. Either party may change its address, fax number, email address, or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. 23. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 24. CONTRACT AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. Either party may request changes to this Agreement. No modifications or amendment of this Agreement shall be valid or effective unless evidenced by an Agreement in writing signed by the Parties. 25. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 26. TAXES The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. AGENDA ITEM #7. f) 27. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, K ing County, Washington. 28. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and are not intended to be a part of this Agreement or in any manner to define, limit, or describe the scope or intent of this Agreement or the particular paragraphs to which they refer. 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural will include the singular. 32. PERMITS AND LICENSES The Agency shall design, develop and construct the Project in accordance will all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Agency at its sole expense and liability. The Agency shall, at its sole cost and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project, 33. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 34. POLICE POWERS OF THE COUNTY Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental or police powers of the County. 35. ENTIRE AGREEMENT AGENDA ITEM #7. f) This Agreement, including its attachments, constitutes the entire Agreement between the County and the Agency. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. KING COUNTY FOR City of Renton Parks and Recreation King County Executive Signature Date NAME Mayor Denis Law Date AGENDA ITEM #7. f) City of Renton - Sunset Neighborhood Pk Ph. II - Exhibit I 1 Scope of Work Project Description This 3.2-Acre park is being designed and constructed in two phases. Phase II (this application) completes the park and will add the following recreation amenities: Adult fitness equipment, 2 children’s play areas, completion of the pervious pavement looped trail system, trail mile markers, completion of the water feature (plumbing installed in Phase I), 2 picnic areas, picnic gazebo, pergola with benches defining the performance/open space lawn area, art, irrigation, and additional planting. Park funding partners include: Washington State Legislature ($3 Million Direct Appropriation) and the National Park Service ($500,000 LWCF grant). Both partners have sent funding award notifications. Organization Description City of Renton Mission The City of Renton, in partnership and communication with residents, business, and schools, is dedicated to: - Providing a safe, healthy, welcoming atmosphere where people choose to live through effective communication and service delivery, community involvement, developing quality housing choices for all ages and income levels, promoting a walkable community, and emergency preparedness. - Promoting economic vitality and strategically positioning Renton for the future by promoting Renton, capitalizing on bold and creative economic development strategies, recruiting and retaining businesses, nurturing entrepreneurship and fostering partnerships, and leveraging public/private resources. - Supporting planned growth and influencing decisions that impact the city by fostering development of vibrant, sustainable, attractive, mixed-use neighborhoods; upholding high design and property maintenance standards; advocating Renton's interests through lobbying efforts, regional partnerships and other organizations; pursuing transportation and other regional improvements and services that improve the quality of life; and balancing development with environmental protection. - Building an inclusive informed city with opportunities for all by improving access to city services and programs; building connections with all communities; promoting an understanding and appreciation of diversity; providing critical and relevant information and facilitating a two - way dialogue between city government and the community; and encouraging volunteerism, participation, and civic engagement - Meeting service demands through high quality customer service, innovation, a positive work environment, and a commitment to excellence by planning, developing and maintaining quality services, infrastructure, and amenities; prioritizing services at levels that can be sustained by revenue; retaining skilled workforce; developing and maintaining collaborative partnerships AGENDA ITEM #7. f) City of Renton - Sunset Neighborhood Pk Ph. II - Exhibit I 2 and investment strategies; and responding to growing service demands through partnerships, innovation and outcome management. This grant funding will help fund the completion of a neighborhood park that serves a highly diverse population. The park will serve as an anchor in the Sunset area and will be the catalyst for further transforming the neighborhood; parks are an integral part to a community’s economic, cultural, social and environmental infrastructure. The park will offer multiple opportunities for recreation, environmental education, social gathering and partnerships with the adjacent King County Library, the Renton School District and community members helping to build a stronger and healthier community. Community & Equity Impact This park is a gateway facility for the Sunset area and a catalyst for transforming a part of the City that was the site of World War II-era housing and is working to overcome academic, health care and obesity, public safety, and socio-economic challenges.The estimated 6,137 residents who live within a ½-mile park service radius are in an area where 70 percent of the housing is considered sub-standard. Fifty-one percent of the population is non-white, the area’s poverty rate is 27 percent, the unemployment rate is 6.6 percent, and violent crime rate is 2.5 times the city’s average. The obesity rate is 25 percent for grades 8-12 and adults, 43% of adults 18 and older have high cholesterol and screen time (grades 8 - 12) is 58 percent. Over thirteen percent (13.4 percent) do not have a high-school diploma. - The park will facilitate healthy lifestyles by providing opportunities for increased levels of physical activity, helping to diminish the risk of obesity-related chronic diseases. - The park will be an essential element in improved human and environmental health. In addition to multiple opportunities for physical activity people will have the opportunity to connect to nature, experience improved air quality, experience improved water quality and reduced storm water runoff with the co-located rain garden and regional storm water facility (Phase I) and participate in environmental education. - The park will foster community cohesion by offering opportunities for people of all ages to interact, communicate, compete, learn and grow, participate in Block Watch Programs, and volunteer. Numerous studies have shown that the more webs of human relationships a neighborhood has (termed “social capital”), the stronger, safer and more successful it is. (One of the best measurements for Community Cohesion is volunteerism). - The park will facilitate a healthy, vibrant neighborhood with increased sales tax revenue attributed to increased spending at new and expanded businesses and tourism. This park will be the venue for the multi-day International Festival, outdoor concerts, movies in the park and children’s shows. - The park will help to foster a walkable community. The park is centrally located and utilizing the "Complete Streets" approach will be linked to area residences, business and schools (three AGENDA ITEM #7. f) City of Renton - Sunset Neighborhood Pk Ph. II - Exhibit I 3 schools are within a 1/2 mile walking distance), thereb y encouraging residents and employees to exercise and use alternative modes of transportation. Project Management & Evaluation The City's Capital Project Coordinator will provide project management from design through construction contract administration, and the grant administration. During design, opportunities will be provided for staff to review the project. During construction, the Coordinator will preside over weekly Owner/Architect Contractor meetings to review project progress, and review all expenses and invoices. Project Substantial Completion and Final Acceptance will be completed after all the site work has been accomplished. A Building Permit and a Public Health Permit (water feature) will be acquired prior to the contractor receiving the Notice to Proceed. The City's Parks Maintenance team will implement the Landscape Management Plan developed for the park and follow best management practices. AGENDA ITEM #7. f) Exhibit II YASF Grant Project Costs Committed Pending Request $500,000 $500,000 $3,175,000 $3,000,000 $175,000 $3,675,000 Committed Pending*YASF Grant $0 $3,500,000 $175,000 PROJECT COSTS YASF Grant $3,675,000 $175,000 YASF Project Budget Project Tasks Project Funding Construction & Installation Design PROJECT MATCH PROVIDED $3,500,000 Totals: Administration Subtotals: Project Cost Total Materials Project Name: City of Renton - Sunset Neighborhood Park Phase II Additional Funding AGENDA ITEM #7. f) AB - 2115 City Council Regular Meeting - 02 Apr 2018 SUBJECT/TITLE: Request to Hire Capital Project Coordinator/Parks at Pay Grade A28, Step E RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director EXT.: 6619 FISCAL IMPACT SUMMARY: Hiring the Capital Project Coordinator/Parks Planning Division at Pay Grade a28, Step E to replace retiring incumbent would have a fiscal impact of $13,528 in 2018 . The retiring incumbent is currently budgeted at Pay Grade a28, Step E in 2018. The difference would be due to a two week overlap in salaries and benefits costs, and one month of medical costs. SUMMARY OF ACTION: The Community Services Department, Parks Planning and Natural Resources Division will be losing to retirement a Capital Project Coordinator, who has been with the City for over 10 years. The Parks Planning and Natural Resources Division had to advertise the position on three different occasions and interviewed an approximate total of 18 applicants during the three recruitment processes. As a result of the recruitment process the Division held a second interview and one candidate met all of the qualificat ions of the position. This individual is a licensed landscape architect professional and project management professional with over 25 years of municipal and private project management experience. He has managed, planned, designed and provided construction management of over 3,000 projects, including Parks, Trails, Golf Courses, and Athletic Field and long-range planning projects. EXHIBITS: STAFF RECOMMENDATION: Authorize hiring a Capital Project Coordinator/Parks at Pay Grade a28, Step E. Thi s is an existing position, currently budgeted at Pay Grade a28, Step E in 2018. Fiscal impact will only be for the overlap for training. The Community Services budget will absorb these additional costs. AGENDA ITEM #7. g) AB - 2107 City Council Regular Meeting - 02 Apr 2018 SUBJECT/TITLE: Resolution to adopt revised 457(b) Deferred Compensation Plan Agreement and Committee Operating Guidelines RECOMMENDED ACTION: Council Concur DEPARTMENT: Human Resources / Risk Management STAFF CONTACT: Ellen Bradley-Mak, HRRM Administrator EXT.: 7657 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: On July 1, 2016, the Renton Regional Fire Authority (RRFA), formerly the Renton Fire Department, became a separate entity from the City of Renton, per the terms of the Interlocal Agreement. The RRFA has elected to continue to participate in the City of Renton 457(b) Deferred Compensation Plan with TIAA. Operating a multi- employer plan with the City of Renton and the RRFA benefits both entities in the form of lower fees and expenses. The multi-employer plan requires the adoption of a revised Plan Document and updated 457 Deferred Compensation Plan Committee Operating Guidelines, including designation of the Committee's administrative authority and fiduciary responsibilities. Participation in the Plan by both parties will continue until either the RRFA or the City of Renton decide to terminate joint participation in the Plan, with at least 90 days' notice to the other party. The Committee has reviewed and approved these documents. A Resolution is attached, for the City Council to adopt the multi-employer 457(b) Deferred Compensation Plan Documents and revised Committee Operating Guidelines, which are attached to the Resolution as Exhibits A and B. The Plan Documents include TIAA's Basic 457(b) Plan Document as well as the Adopted 457(b) Plan Agreement. EXHIBITS: A. Resolution, with two attachments: TIAA 457(b) Deferred Compensation Plan and Adopted Agreement, and 457 Deferred Compensation Committee Operating Guidelines STAFF RECOMMENDATION: Pass resolution to adopt the revised 457(b) Deferred Compensation Plan, effective as of November 1, 2017, and to adopt the 457 Deferred Compensation Plan Committee Operating Guidelines, effective as of February 21, 2018. AGENDA ITEM #7. h) 1  CITY OF RENTON, WASHINGTON    RESOLUTION NO. ________    A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING A REVISED  457(b) DEFERRED COMPENSATION PLAN AGREEMENT, TO BE A MULTI‐ EMPLOYER AGREEMENT AMONG THE CITY, THE RENTON REGIONAL FIRE  AUTHORITY (RRFA) AND TIAA; AND ADOPTING THE 457(B) INVESTMENT  COMMITTEE’S REVISED OPERATING GUIDELINES, WHICH FURTHER ESTABLISH  THE AUTHORITY AND FIDUCIARY RESPONSIBILITY OF THE COMMITTEE.     WHEREAS, in 2014 Council passed Resolution No. 4221, which established the Human  Resources and Risk Management Administrator as the coordinator of the City’s 457(b) Deferred  Compensation Plan; and    WHEREAS, Resolution No. 4221 also granted the HRRM Administrator the authority to  establish and maintain on behalf of the City, an Investment Committee for the City’s 457(b)  Deferred Compensation Plan (hereafter “457 Deferred Compensation Plan Committee”), and  WHEREAS, in 2015 Council passed Resolution No. 4269, which adopted the TIAA‐CREF  Financial Services Company 457(b) Deferred Compensation Plan for the City of Renton; and  WHEREAS, in 2016 Council passed Resolution No. 4291 authorizing an interlocal  agreement with the RRFA to implement the Regional Fire Authority Plan approved by voters on  April 26, 2016; and  WHEREAS, the RRFA interlocal agreement became effective as of July 1, 2016,  establishing the RRFA as a separate entity from the City of Renton, and separating the City’s Fire  Department from city employment, according to the terms of the agreement;  and  AGENDA ITEM #7. h) RESOLUTION NO. ________  2  WHEREAS, the RRFA elected to participate in the City of Renton 457(b) Deferred  Compensation Plan, effective upon July 1, 2016, its date of separation from the City, as  memorialized in an RRFA memorandum dated October 3, 2016; and    WHEREAS, on November 15, 2017, the 457 Deferred Compensation Plan Committee  reviewed and approved an amended and restated multi‐employer 457(b) Deferred  Compensation Plan (the “Plan”); and  WHEREAS, the 457 Deferred Compensation Plan Committee subsequently reviewed and  approved revised Operating Guidelines which establish in greater detail the scope of the  committee’s authority and fiduciary responsibilities; and  WHEREAS, on March 12, 2018, the RRFA passed a resolution approving the Plan as a  multi‐employer plan and providing that joint participation will continue until such date as the  RRFA or the City decides to terminate its participation in the Plan, with at least ninety days’  advance notice to the other entity;   NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  RESOLVE AS FOLLOWS:   SECTION I. The City Council hereby adopts the amended and restated 457(b) Deferred  Compensation Plan, consisting of the TIAA‐CREF basic plan document and the City’s and RRFA’s  Adoption Agreement, as a multi‐employer plan with the City and the RRFA, effective as of  November 1, 2017, and attached hereto as Exhibit A.   SECTION II. The City’s participation in the Plan jointly with the RRFA will continue until  such date as the City or the RRFA decides to terminate its participation in the Plan, with at least  ninety days’ advance notice to the other entity.   AGENDA ITEM #7. h) RESOLUTION NO. ________  3  SECTION III. The City Council hereby confirms the City’s and RRFA’s 457 Deferred  Compensation Plan Committee Operating Guidelines, effective as of February 21, 2018, attached  hereto as Exhibit B, and hereby authorizes the Committee to make such subsequent amendments  or updates to the Operating Guidelines as may be necessary or desired, provided that such  amendments or updates remain consistent with the Plan.   PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2018.      ______________________________  Jason A. Seth, City Clerk     APPROVED BY THE MAYOR this ______ day of _______________________, 2018.        ______________________________  Denis Law, Mayor          Approved as to form:      ______________________________  Shane Moloney, City Attorney    RES:1763:3/20/18:scr    AGENDA ITEM #7. h) RESOLUTION NO. ________    EXHIBIT A    457(b) DEFERRED COMPENSATION PLAN     AGENDA ITEM #7. h) 457(b) DEFERRED COMPENSATION PLAN OF CITY OF RENTON, A GOVERNMENTAL ORGANIZATION AGENDA ITEM #7. h) TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Contents ARTICLE I - DEFINITIONS ...........................................................................................................1 1.1 Account Balance ................................................................................................................1 1.2 Annual Deferral ..................................................................................................................1 1.3 Adoption Agreement ..........................................................................................................1 1.4 Beneficiary .........................................................................................................................1 1.5 Code ..................................................................................................................................1 1.6 Compensation ....................................................................................................................1 1.7 Deferred Compensation Agreement ..................................................................................2 1.8 Differential Wage Payment ................................................................................................2 1.9 Disabled or Disability .........................................................................................................2 1.10 Effective Date .....................................................................................................................2 1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan ................................2 1.12 Eligible Employee ..............................................................................................................2 1.13 Employee ...........................................................................................................................3 1.14 Employer ............................................................................................................................3 1.15 Includible Compensation ....................................................................................................3 1.16 Investment Options ............................................................................................................3 1.17 Investment Sponsors .........................................................................................................3 1.18 Normal Retirement Age .....................................................................................................3 1.19 Participant ..........................................................................................................................4 1.20 Plan ....................................................................................................................................4 1.21 Plan Administrator ..............................................................................................................4 1.22 Plan Year ...........................................................................................................................4 1.23 Restated Effective Date .....................................................................................................4 1.24 Severance from Employment .............................................................................................4 1.25 TIAA-CREF ........................................................................................................................4 1.26 Valuation Date ...................................................................................................................4 ARTICLE II - PARTICIPATION IN THE PLAN ..............................................................................4 2.1 Eligibility .............................................................................................................................4 2.2 Enrollment in the Plan ........................................................................................................5 2.3 Information Provided by the Participant .............................................................................5 2.4 Contributions Made Promptly .............................................................................................5 2.5 Leave of Absence ..............................................................................................................5 2.6 Disability.............................................................................................................................5 ARTICLE III - DEFERRAL OF COMPENSATION ........................................................................5 3.1 Annual Deferrals ................................................................................................................5 3.2 Modifications to Amount Deferred ......................................................................................6 3.3 Deferral of Special Pay ......................................................................................................6 3.4 Termination of Deferral ...................................................... Error! Bookmark not defined. 3.5 Employer Non-Elective Contributions ................................................................................6 3.6 Employer Matching Contributions ......................................................................................6 3.7 Maximum Deferral ..............................................................................................................6 3.8 Vesting ...............................................................................................................................8 3.9 Plan-to-Plan Transfers to the Plan .....................................................................................8 3.10 Acceptance of Rollover Contributions ................................................................................8 3.11 Qualified Military Service ...................................................................................................8 AGENDA ITEM #7. h) TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 ARTICLE IV - INVESTMENT OF CONTRIBUTIONS ...................................................................9 4.1 Direction of Investment ......................................................................................................9 4.2 Investment Changes ..........................................................................................................9 ARTICLE V - DISTRIBUTIONS ....................................................................................................9 5.1 Eligibility for Payment .........................................................................................................9 5.2 Small Balance In-Service Distributions ............................................................................ 11 5.3 In-service Distributions from a Rollover Account .............................................................. 11 5.4 Small Balance Distributions at Severance from Employment .......................................... 11 5.5 Distribution Due to an Unforeseeable Emergency ........................................................... 12 5.6 Commencement of Distributions ...................................................................................... 13 ARTICLE VI - FORM OF PAYMENT .......................................................................................... 13 6.1 Form of Payment ............................................................................................................. 13 6.2 Limits on Income Options Under an Annuity Contract ..................................................... 13 6.3 Minimum Amounts to be Distributed ................................................................................ 14 6.4 Minimum Distribution Requirements During Participant's Lifetime ................................... 14 6.5 Election ............................................................................................................................ 15 6.6 Failure to Make Election .................................................................................................. 15 ARTICLE VII - DEATH BENEFITS ............................................................................................. 15 7.1 Form of Payment ............................................................................................................. 15 7.2 Death Distribution Requirements ..................................................................................... 16 7.3 Death of Beneficiary Before Benefits Commence ............................................................ 17 ARTICLE VIII - TRANSFERS AND ROLLOVERS ...................................................................... 17 8.1 Plan-to-Plan Transfers from the Plan ............................................................................... 17 8.2 Permissive Service Credit Transfers ................................................................................ 17 8.3 Direct Rollovers ................................................................................................................ 18 ARTICLE IX - LOANS ................................................................................................................. 19 9.1 Availability ........................................................................................................................ 19 9.2 Maximum Loan Amount ................................................................................................... 19 9.3 Terms of Loan .................................................................................................................. 20 9.4 Extended Loan Term for Leaves of Absence due to Military Service ............................... 20 9.5 Loan Default ..................................................................................................................... 20 ARTICLE X - ROTH ELECTIVE DEFERRALS ........................................................................... 21 10.1 General Application ......................................................................................................... 21 10.2 Separate Accounting ....................................................................................................... 21 10.3 Direct Rollovers and Roth Elective Deferral Account ...................................................... 21 10.4 Definition of Roth Elective Deferrals ............................................................................... 22 ARTICLE XI - BENEFICIARY INFORMATION ........................................................................... 22 11.1 Designation ..................................................................................................................... 22 11.2 Failure to Designate a Beneficiary .................................................................................. 22 ARTICLE XII - PLAN ADMINISTRATION ................................................................................... 23 12.1 Plan Administration ......................................................................................................... 23 12.2 Accounts and Expenses ................................................................................................. 23 12.3 Mistaken Contribution ..................................................................................................... 23 12.4 Domestic Relations Orders ............................................................................................. 23 12.5 IRS Levy ......................................................................................................................... 24 AGENDA ITEM #7. h) TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 12.6 Procedure When Distributee Cannot be Located ............................................................ 24 12.7 Payments to Minors and Incompetents ........................................................................... 24 ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN .................................................... 25 13.1 Amendment of Plan ........................................................................................................ 25 13.2 Termination of Plan ......................................................................................................... 25 ARTICLE XIV - MISCELLANEOUS ............................................................................................ 25 14.1 Plan Non-Contractual ...................................................................................................... 25 14.2 Claims of Other Persons ................................................................................................. 25 14.3 Non-Assignability ............................................................................................................ 25 14.4 Contracts......................................................................................................................... 25 14.5 Pronouns......................................................................................................................... 26 14.6 Representations .............................................................................................................. 26 14.7 Severability ..................................................................................................................... 26 14.8 Applicable Law ................................................................................................................ 26 14.9 Trust Fund ....................................................................................................................... 26 AGENDA ITEM #7. h) 1 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 INTRODUCTION The purpose of the Plan is to provide deferred compensation for Eligible Employees covered under the Plan. The Plan document and the Adoption Agreement are designated as constituting parts of a plan intended to satisfy the requirements of an Eligible Governmental Deferred Compensation Plan within the meaning of Section 457(b) of the Code, the regulations issued thereunder, and other applicable law. ARTICLE I - DEFINITIONS 1.1 Account Balance means the book entry account maintained with respect to each Participant which reflects the value of the deferred Compensation credited to the Participant, including the Participant's Annual Deferrals, any Compensation deferred under the Plan by non-elective Employer contribution (either matching contributions or non-elective contributions), the earnings or loss of the investment options held in the Investment Options (net of investment option expenses) allocable to the Participant, any transfers for the Participant's benefit, and any distribution made to the Participant or the Participant's Beneficiary. Account Balance includes any account established under Article III for rollover contributions and plan-to-plan transfers made for a Participant, any account established under Article X for Roth Elective Deferrals, the account established for a Beneficiary after a Participant's death, and any account or accounts established for an alternate payee, as defined in Section 414(p)(8) of the Code. Subject to the terms of the Investment Option, if a Participant has more than one Beneficiary at the time of the Participant's death, then a separate Account Balance shall be maintained for each Beneficiary. 1.2 Annual Deferral means the annual amount of Compensation that a Participant elects to defer pursuant to a properly executed Deferred Compensation Agreement. Effective on and after January 1, 2011 and if elected in the Adoption Agreement, Annual Deferral includes a Roth Elective Deferral that is separately accounted for under the Plan. 1.3 Adoption Agreement means the separate agreement that is executed by the Employer which sets forth the elective and certain non-elective provisions of the Plan. The Adoption Agreement and this Plan document collectively constitute the Plan. 1.4 Beneficiary means the individual, trustee, estate, or legal entity entitled to receive benefits under this Plan which become payable in the event of the Participant's death. 1.5 Code means the Internal Revenue Code of 1986, as now in effect or as hereafter amended. All citations to sections of the Code are to such sections, as they may from time to time be amended or renumbered, to the Treasury regulations issued thereunder or to any applicable guidance issued by the IRS. 1.6 Compensation means, unless otherwise set forth in the Adoption Agreement, all cash remuneration for services rendered to the Employer, including salary, wages, fees, commissions, bonuses, overtime pay (collectively referred to as "regular pay") and that is includible in the Participant's gross income for the calendar year plus amounts that would AGENDA ITEM #7. h) 2 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 be cash remuneration for services to the Employer and includible in the Participant's gross income for the calendar year but for an election under Section 457(b), 403(b), 401(k), 125, 132(f)(4), 401(k), 403(b) or 457(b) of the Code (including an election to defer Compensation under Article III) or such other meaning as provided by Section 415(c)(3) of the Code. Such term also includes regular pay received after Severance from Employment if it is received within the later of two and one-half (2 1/2) months following Severance from Employment or the end of the limitation year that includes the date of Severance from Employment. To the extent elected in the Adoption Agreement, such term shall also include unused accrued bona fide sick, vacation, and/or other leave payments provided the Participant would have been entitled to use such leave had employment continued and such amounts are received by the Plan within the later of two and one-half (2 1/2) months after Severance from Employment or the end of the limitation year that includes the date of Severance from Employment. Effective January 1, 2009, the term Compensation includes Differential Wage Payments. 1.7 Deferred Compensation Agreement means the agreement between a Participant and the Employer to defer receipt by the Participant of Compensation not yet paid or otherwise made available. Such agreement shall state the Annual Deferral amount to be withheld from a Participant's Compensation and shall become effective no earlier than the first day of the month following execution of such agreement. Once executed and received by the Plan Administrator, or its designee, the Deferred Compensation Agreement shall be legally binding and irrevocable with regard to amounts paid or otherwise made available while the Agreement is in effect. 1.8 Differential Wage Payment means any payment which is made by the Employer to an Employee with respect to any period during which the Employee is performing service in the uniformed services (as defined in chapter 43 of title 38 of the Code) while on active duty for a period of more than thirty (30) days, and such payment represents all or a portion of the wages the Employee would have received from the Employer if the Employee were performing service for the Employer. 1.9 Disabled or Disability means the definition of disability in Section 72(m)(7) of the Code as determined by the Employer. 1.10 Effective Date means the date set forth in the Adoption Agreement if this is a new Plan. 1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan means a plan that constitutes an eligible governmental deferred compensation plan within the meaning of Section 457(b) of the Code that is established and maintained by an employer that is a Governmental employer and eligible to maintain a 457(b) deferred compensation plan. 1.12 Eligible Employee means any person who performs services for the Employer and who, pursuant to the terms of the Adoption Agreement, is eligible to participate in this Plan. Unless elected in Adoption Agreement, Eligible Employee shall not include any individual who is deemed to be an independent contractor, as determined by the Plan Administrator in its sole and absolute discretion. Eligible Employee shall not include any individual who AGENDA ITEM #7. h) 3 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 is performing services for the Employer pursuant to an agreement that provides that such individual shall not be eligible to participate in this Plan or other benefit plans of the Employer. If any individual is not classified as an Eligible Employee by the Employer and is subsequently reclassified as an Eligible Employee by any overriding governmental or regulatory authority, such individual shall nevertheless be deemed to have become an Eligible Employee prospectively only, effective as of the date of such reclassification (and not retroactive to the date on which he or she was found to have first become eligible for any other purposes), and then only if he or she otherwise satisfies the requirements of this Plan. 1.13 Employee means any person, whether appointed or elected, who is employed by the Employer as a common law employee, excluding any Employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan. The term Employee shall include any individual classified by the Employer as an independent contractor of the Employer, in accordance with its general administrative policies. 1.14 Employer means the entity that is a state, a political subdivision of a state, and any agency or instrumentality of a state which has adopted this Plan and is named in the Adoption Agreement. 1.15 Includible Compensation means with respect to a taxable year, the Participant's compensation as defined in Section 415(c)(3) of the Code and the Treasury regulations issued thereunder for services performed for the Employer. The amount of Includible Compensation is determined without regard to any community property laws. Such term shall include any amount that would be cash remuneration for services to the Employer and includible in the Participant's gross income for the calendar year but for an election under Section 457(b), 403(b), 401(k), 125, 132(f)(4), 401(k), 403(b) or 457(b) of the Code (including an election to defer Compensation under Article III). Effective January 1, 2009, Includible Compensation will include Differential Wage Payments made by the Employer to a Participant. 1.16 Investment Options means the annuity contracts, custodial accounts, and other investment options offered by TIAA-CREF and selected by the Plan Administrator as investment options to be offered to Participants and Beneficiaries under the Plan. Investment Options shall also include any other investment alternatives made available by any other Investment Sponsor and designated pursuant to the terms of this Plan document and the Adoption Agreement as being available for the purpose of allocating contributions, rollovers, and/or transfers under this Plan. 1.17 Investment Sponsors means TIAA-CREF, any other insurance company, regulated investment company, or other entity providing Investment Options under the Plan. 1.18 Normal Retirement Age means age 65 unless otherwise provided in the Adoption Agreement. AGENDA ITEM #7. h) 4 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 1.19 Participant means an Eligible Employee who becomes a Participant in the Plan in accordance with Article II hereof. An individual shall cease to become a Participant at such time as he or she no longer has any interest in contracts or accounts under the Plan. An "Active Participant" means a Participant who is currently an Employee. 1.20 Plan means the 457(b) Deferred Compensation Plan set forth herein and in the Adoption Agreement, as amended from time to time. 1.21 Plan Administrator means the individual(s) or committee appointed by the Employer to administer the Plan. If the Employer fails to make such appointment, the Employer shall be the Plan Administrator. 1.22 Plan Year means the twelve (12) consecutive month period designated by the Employer in the Adoption Agreement. 1.23 Restated Effective Date means the date set forth in the Adoption Agreement if the Plan is a restated plan. 1.24 Severance from Employment means the date the Participant dies, retires, or otherwise severs employment with the Employer as determined by the Plan Administrator or its designee (and taking into account guidance issued under the Code). To the extent elected in the Adoption Agreement, such term shall also include a deemed Severance from Employment during any period the Participant is performing services in the uniformed services for a period of more than thirty (30) days. 1.25 TIAA-CREF means Teachers Insurance and Annuity Association and College Retirement Equities Fund. 1.26 Valuation Date means any day that the New York Stock Exchange is open for trading. ARTICLE II - PARTICIPATION IN THE PLAN 2.1 Eligibility. (a) Eligible Employees. If this is a new plan, any Employee who is classified as an Eligible Employee under the terms of the Adoption Agreement as of the Effective Date shall be eligible to participate in the Plan on the Effective Date. If this is a restated plan, each present Participant shall continue to be a Participant in the Plan. Any other Employee who is classified as an Eligible Employee under the terms of the Adoption Agreement as of the Restated Effective Date shall be eligible to participate in the Plan on the Restated Effective Date. (b) Non-Eligible Employees. If this is a new plan, any Employee who is not eligible to participate in the Plan as of the Effective Date pursuant to paragraph (a) above, shall be eligible to participate in the Plan upon classification as an Eligible Employee. If this is a restated plan, any Employee who is not eligible to participate AGENDA ITEM #7. h) 5 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 in the Plan as of the Restated Effective Date pursuant to paragraph (a) above, shall be eligible to participate in the Plan upon classification as an Eligible Employee. 2.2 Enrollment in the Plan. To participate in the Plan, each Eligible Employee shall complete and remit the applicable enrollment forms, including a Deferred Compensation Agreement, to the Plan Administrator or its designee. Enrollment shall be effective on or after the first day of the month following the date the properly completed enrollment forms are remitted to and accepted by the Plan Administrator or its designee. A newly hired Eligible Employee may defer Compensation payable in the calendar month in which he or she becomes an Employee if a Deferred Compensation Agreement is entered into on or before the first day on which the Eligible Employee performs services for the Employer. 2.3 Information Provided by the Participant. Each Eligible Employee enrolling in the Plan should provide to the Investment Sponsor or the Plan Administrator, as required, at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Investment Sponsor or the Administrator, as appropriate, to administer the Plan, including, without limitation, whether the Eligible Employee is a participant in any other Eligible Plan. 2.4 Contributions Made Promptly. Annual Deferrals under the Plan shall be transferred to the applicable Investment Option within a period that is not longer than is reasonable for the proper administration of the Plan. In no event, shall any Annual Deferrals be transferred to the applicable Investment Option later than fifteen (15) days following the end of the month in which the amount would otherwise have been paid to the Participant. 2.5 Leave of Absence. Unless a Deferred Compensation Agreement is otherwise revised, if a Participant is absent from work by paid leave of absence, Annual Deferrals under the Plan shall continue to the extent Compensation continues. 2.6 Disability. A Disabled Participant may elect to make Annual Deferrals during any portion of the period of his or her Disability to the extent that he or she has actual Compensation (not imputed compensation and not disability benefits) from which to make deferrals to the Plan and has not had a Severance from Employment. ARTICLE III - DEFERRAL OF COMPENSATION 3.1 Annual Deferrals. If elected pursuant of the terms of the Adoption Agreement, an Eligible Employee may elect to make Annual Deferrals to the Plan pursuant to a Deferred Compensation Agreement with the Employer. Annual Deferrals may be made up to the applicable annual limits under the Code or, or if less, the amount set forth in the Adoption Agreement. Subject to the rules of the applicable Investment Sponsor, the Plan Administrator may establish a minimum Annual Deferral amount and may change such amount from time to time. The Deferred Compensation Agreement may also include a designation of Investment Options and a designation of a Beneficiary. Any such election shall remain in effect until a new election is filed. AGENDA ITEM #7. h) 6 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 3.2 Modifications to Amount Deferred. A Participant may elect to change the amount of his or her Annual Deferral with respect to future Compensation by submitting a new and properly executed Deferred Compensation Agreement to the Plan Administrator or its designee. Pursuant to the rules of the Investment Sponsor, if any, unless the new Deferred Compensation Agreement specifies a later effective date, a change in the amount of Annual Deferrals shall take effect as of the first day of the next following month or as soon as administratively practicable thereafter. 3.3 Deferral of Special Pay. If elected in the Adoption Agreement, a Participant may elect to defer accumulated bona fide sick, vacation, and/or other leave pay. These amounts may be deferred for any calendar month only if an agreement providing for the Annual Deferral is entered into before the beginning of the month in which the amounts would otherwise be paid or made available. 3.4 Termination of Deferral. A Participant may terminate his or her participation election by so notifying the Plan Administrator or its designee in using the administrative practices specified by the Plan Administrator or its designee. Such administrative practices may include electronic notice, if made available to Participants. Notwithstanding the provisions in Section 3.2 above, any such termination shall take effect as soon as administratively practicable following receipt by the Plan Administrator or its designee of satisfactory notice of such revocation. 3.5 Employer Non-Elective Contributions. If elected in the Adoption Agreement, the Employer shall make non-elective contributions (other than Employer matching contributions, if any, made pursuant to Section 3.6, below) to the Plan on behalf of Active Participants. No Participant shall have the right to elect to receive any amount contributed pursuant to this Section 3.5 as cash in lieu of a contribution. All such non-elective contributions shall be made at the rate or in the amount set forth in the Adoption Agreement. Any non-elective contribution will reduce, dollar for dollar, the annual amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. 3.6 Employer Matching Contributions. If elected in the Adoption Agreement, the Employer shall make matching contributions (other than Employer non-elective contributions, if any, made pursuant to Section 3.5, above) to the Plan on behalf of Active Participants who make Annual Deferrals to the Plan pursuant to a Deferred Compensation Agreement. No Participant shall have the right to elect to receive any amount contributed pursuant to this Section 3.6 as cash in lieu of a contribution. All such matching contributions shall be made at the rate or in the amount set forth in the Adoption Agreement and shall be based on the amount of Annual Deferrals made by an Active Participant to the Plan during the year. Any matching contribution will reduce, dollar for dollar, the annual amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. 3.7 Maximum Deferral. AGENDA ITEM #7. h) 7 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (a) Primary Limitation. The maximum amount that may be contributed to the Plan pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of any Participant, other than by means of a rollover or rollover or plan-to-plan transfer, shall not exceed the lesser of: (1) the annual applicable dollar amount, as set forth in Section 457(e)(15) of the Code, or (2) 100% of the Participant's Includible Compensation for the taxable year. (b) Special Section 457 Catch-Up Limitation. If elected in the Adoption Agreement, for one (1) or more of the last three (3) taxable years ending before the calendar year of a Participant's attainment of Normal Retirement Age ("NRA"), the Participant may utilize the catch-up provision under Section 457(b)(3) of the Code, When special Section 457 catch-up is utilized, the maximum amount that may be contributed to the Plan pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of a Participant, other than by means of a rollover or plan-to-plan transfer, shall be the lesser of X or Y. X shall be, for any taxable year beginning on or after January 1, 2002, twice (2 times) the applicable dollar amount in effect under Section 457(b)(2)(A) of the Code for such year. Y shall be the sum of (i) the primary limitation amount determined under Section 3.7(a), above, for the year, and (ii) underutilized amounts, which is that portion of the primary limitation amount determined under Section 3.7(a), above, that is not utilized by the Participant in prior taxable years (beginning after 1978) in which the Participant was eligible to participate in the Plan. The special Section 457 catch-up limitation is available to a Participant during one (1) three (3)-year period only. If the Participant uses the special Section 457 catch-up limitation and then postpones retirement or returns to work after retirement, the Participant cannot utilize special Section 457 catch-up again, even if he or she has underutilized amounts in the Plan or only utilized special Section 457 catch-up in less than all of the three (3) years prior to the year the Participant attained his or her NRA. (c) Catch-Up Limitation For Individuals Age 50 or Older. To the extent permitted by law and elected in the Adoption Agreement, the maximum Annual Deferral that may be contributed pursuant to Section 3.1 for any individual who has attained the age of 50, or older, before the close of a taxable year, shall be increased by the applicable amount set forth in Section 414(v) of the Code. Notwithstanding the immediately preceding sentence, contributions shall not be made in accordance with this Section 3.7(c) during any year in which special Section 457 catch-up, described in Section 3.7(b), provides a higher limitation. (d) Coordination with Other Code Section 457(b) Plans. If a Participant participates in more than one (1) Code Section 457(b) plan, all Code Section 457(b) plans are aggregated and the maximum deferral under all such plans shall not exceed the applicable limit described in Section 3.7(a), above, or if the special Section 457 or age 50 catch-up is utilized, the applicable limitation described in Section 3.7(b) or (c), above). AGENDA ITEM #7. h) 8 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (e) Distribution of Excess Deferrals. To the extent that any amount deferred under the Plan for any taxable year exceeds the limitations of this Section 3.7, any excess deferrals will be distributed pursuant to the applicable provisions of the Code, regulations, or other IRS guidance issued thereunder. 3.8 Vesting. A Participant shall be fully vested at all times in his or her accrued benefits under this Plan. Such accrued benefits shall be non-forfeitable at all times. 3.9 Plan-to-Plan Transfers to the Plan. To the extent provided in the Adoption Agreement and pursuant to the rules of each Investment Sponsor, a Participant, but not a Beneficiary, may elect to make contributions that are transferred directly from the Participant's prior employer's Eligible Governmental Deferred Compensation Plan under Section 457(b) of the Code. Notwithstanding the foregoing, transfers shall be permitted only to the extent (i) the transferor plan provides for such direct transfers, (ii) the receiving plan provides for the receipt of plan-to-plan transfers, and (iii) the Participant will have an amount deferred immediately after the transfer at least equal to the amount deferred with respect to that Participant immediately before the transfer, and (iv) the Participant gives written direction to the Employer or its designee in a satisfactory form to make such transfer. The Plan Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with Section 457(e)(10) of the Code and Section 1.457-10(b) of the Treasury regulations and to confirm that the other plan is an eligible governmental plan as defined in Section 1.457-2(f) of the Treasury regulations. The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered and otherwise treated in the same manner as an Annual Deferral by the Participant under the Plan, except that the transferred amount shall not be considered an Annual Deferral under the Plan in determining the maximum deferral limit under Section 3.7. Such funds and the accumulation generated from them shall be fully vested and nonforfeitable at all times. 3.10 Acceptance of Rollover Contributions. If so provided in the Adoption Agreement and if an Active Participant is entitled to receive, and elects to receive, an eligible rollover distribution from any eligible retirement plan within the meaning of Section 402(c)(8)(B) of the Code, each Investment Sponsor shall, subject to the rules of such Investment Sponsor, accept such amount under this Plan, provided that the rollover to this Plan is made either directly from another such plan or by the Active Participant within sixty (60) days of the receipt of the distribution. Any such amounts rolled over from any such plan shall be made in the form of cash only and accounted for separately upon acceptance as a rollover under this Plan. Such funds and the accumulation generated from them shall be fully vested and nonforfeitable at all times and shall not be considered when calculating the maximum deferral limit under Section 3.7. 3.11 Qualified Military Service. AGENDA ITEM #7. h) 9 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (a) Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Code. (b) A Participant whose employment is interrupted by qualified military service under Section 414(u) of the Code or who is on a leave of absence for qualified military service under Section 414(u) of the Code may elect to make additional Annual Deferrals upon resumption of employment with the Employer equal to the maximum Annual Deferrals that the Participant could have elected during that period if the Participant's employment with the Employer had continued (at the same level of Compensation) without the interruption or leave, reduced by the Annual Deferrals, if any, actually made for the Participant during the period of the interruption or leave. This right applies for five (5) years following the resumption of employment (or, if sooner, for a period equal to three (3) times the period of the interruption or leave). ARTICLE IV - INVESTMENT OF CONTRIBUTIONS 4.1 Direction of Investment. A Participant may request that amounts contributed to the Plan on his or her behalf be allocated among the available Investment Options available under the Plan. The Investment Options shall include the Investment Options made available by TIAA-CREF and any other approved Investment Sponsors. The initial allocation request may be made at the time of enrollment. Once made, an investment allocation request shall remain in effect for all subsequent contributions until changed by the Participant. 4.2 Investment Changes. A Participant may change any investment allocation made by such Participant hereunder, or transfer existing accumulations to another Investment Option available under the Plan, by submitting a written request to the Employer or its designee on such form as may be required by the Employer or its designee. Any such changes shall become effective as soon as administratively feasible after the Employer or its designee receives a satisfactory written request. ARTICLE V - DISTRIBUTIONS 5.1 Eligibility for Payment. (a) Subject to the terms of the Investment Options, distribution of benefits from the Plan shall be made no earlier than: (i) when the Participant has a Severance from Employment (other than due to death), (ii) Plan termination, (iii) the Participant has amounts separately held in a rollover account and, if elected in the Adoption Agreement: (iv) the calendar year in which the Participant attains age 70-1/2, (v) in the event of an approved financial hardship due to an Unforeseeable Emergency, or (vi) the Participant is eligible for an in-service distribution of his or her small Account Balance. AGENDA ITEM #7. h) 10 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (b) Notwithstanding the foregoing, if elected in the Adoption Agreement, with respect to amounts payable to a Participant who is classified as an independent contractor, as determined by the Plan Administrator in its sole and absolute discretion, no amount will be paid to the Participant before a date at least twelve (12) months after the day on which the contract expires under which services are performed for the Employer (or, in the case of more than one contract, all such contracts expire); and no amount payable to the Participant on that date will be paid to the Participant if, after expiration of the contract (or contracts) and before that date, the Participant performs services for the Employer as an independent contractor or an Employee. (c) "Severance from Employment" means the termination of a Participant's employment with the Employer for any reason including the Participant's death or retirement. (1) A Participant will be deemed to have incurred a Severance from Employment without regard to whether such Participant continues in the same job for a different employer following liquidation, merger, consolidation, or other similar transaction. (2) Pursuant to an election in the Adoption Agreement, "Severance from Employment" for a Participant classified as an independent contractor shall mean the cessation of services upon expiration of the contract (or in the case of more than one contract, all contracts) under which services are performed for the Employer provided the expiration constitutes a good-faith and complete termination of the contractual relationship. Expiration will not constitute a good-faith and complete termination of the contractual relationship if the Employer anticipates a renewal of the contractual relationship or the independent contractor becoming an Employee. For this purpose, an Employer is considered to anticipate the renewal of the contractual relationship with an independent contractor if it intends to contract again for the services provided under the expired contract, and neither the Employer nor the independent contractor has eliminated the independent contractor as a possible provider of services under any such new contract. Further, an Employer is considered to intend to contract again for the services provided under an expired contract if the Employer's doing so is conditioned only upon incurring a need for the services, the availability of funds, or both. (d) Special Considerations Relating to Military Service. (1) Unless otherwise elected in the Adoption Agreement, a Participant who dies (or becomes Disabled) on or after January 1, 2007, while performing qualified military service will be treated as if he/she had resumed employment with the Employer on the date preceding death (or Disability) and terminated employment on the actual date of death (or Disability). AGENDA ITEM #7. h) 11 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (2) If elected in the Adoption Agreement and notwithstanding anything herein to the contrary, a Participant shall be deemed as have had a Severance from Employment during any period the individual is performing service, for thirty (30) or more days, in the uniformed services described in Section 3401(h)(2)(A) of the Code, thereby enabling the Participant to take a distribution, but if the Participant elects such a distribution, the Participant may not make any Annual Deferrals to the Plan for a six-month period beginning on the date of distribution. (3) Unless otherwise elected in the Adoption Agreement, with respect to deaths occurring on and after January 1, 2007, and in accordance with Section 401(a)(37) of the Code, any additional benefits (other than benefit accruals relating to the period of qualified military service,) made available to the Beneficiary of a Participant who dies while in the active employment of the Employer shall be made available to the Beneficiary of an Active Participant who is on leave and dies while performing qualified military service (as defined in Section 414(u) of the Code). If the Employer elects to credit Participants who die while performing qualified military service with benefit accruals in the Adoption Agreement, any Employer contribution will comply with Section 401(a)(37) of the Code. 5.2 Small Balance In-Service Distributions. Subject to the terms of the Investment Options and if elected in the Adoption Agreement, a Participant may elect to receive an in-service distribution of the Participant's benefit under the Plan if the following requirements are met: (a) excluding rollover contributions held in a separate account, the total amount of the Participant's benefit under the Plan does not exceed $5,000 (or the dollar limit under Section 411(a)(11) of the Code), (b) the Participant has not previously received a distribution under this provision of the Plan, and (c) no amounts have been deferred under the Plan with respect to the Participant during the two (2)-year period ending on the date of the in-service distribution. 5.3 In-service Distributions from a Rollover Account. If a Participant has a separate account attributable to rollover contributions to the Plan, the Participant may at any time elect to receive a distribution of all or any portion of the amount held in the rollover account. 5.4 Small Balance Distributions at Severance from Employment. Subject to the terms of the Investment Option and if elected in the Adoption Agreement, the Employer may direct the Investment Sponsor to distribute the total amount payable to a Participant who has a Severance from Employment in the form of a lump sum payment within sixty (60) days of AGENDA ITEM #7. h) 12 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 the Participant's Severance from Employment, but only if the total amount does not exceed $1,000. Further, if a Participant's Account Balance does not exceed $5,000 (or the dollar limit under Section 411(a)(11) of the Code), the Employer may direct the Investment Sponsor to distribute the total amount payable to a Participant in a direct rollover to an individual retirement plan designated by the Employer or its designee. The determination of whether a Participant's Account Balance exceeds the small balance threshold shall be determined by including rollover contributions (and earnings attributable thereto) within the meaning of Sections 402(e), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the Code. 5.5 Distribution Due to an Unforeseeable Emergency. (a) If elected in the Adoption Agreement, a Participant, but not a Beneficiary after the Participant's death, may request a distribution due to an "Unforeseeable Emergency", as defined by Section 1.457-6(c)(2) of the Treasury regulations, by submitting a written request to the Plan Administrator or its designee, accompanied by evidence to demonstrate that the circumstances being experienced qualify as an Unforeseeable Emergency. The Plan Administrator or its designee shall have the authority to require such evidence, as it deems necessary to determine if a distribution shall be warranted. If an application for a distribution due to an Unforeseeable Emergency is approved, the distribution shall be limited to an amount sufficient to meet the Unforeseeable Emergency. (b) Unless defined otherwise by the Code or regulations, "Unforeseeable Emergency" generally means a severe financial hardship to the Participant resulting from an illness or accident of the Participant, the Participant's spouse, the Participant's dependent (as defined in Section 152 of the Code without regard to Section 152(b)(1), (b)(2), and (d)(1)(B)) or the Participant's primary beneficiary, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. The circumstances that will constitute an Unforeseeable Emergency will depend upon the facts of each case, but, in any case, payment may not be made to the extent that such emergency is or may be relieved: (1) through reimbursement or compensation by insurance or otherwise; (2) by liquidation of the Participant's assets, to the extent that liquidation of such assets would not itself cause severe financial hardship; or (3) by cessation of deferrals under the Plan. The purchase of a home and the payment of college tuition are not considered to be an Unforeseeable Emergency. Imminent foreclosure of or eviction from the Participant's primary residence, the need to pay for medical expenses, including AGENDA ITEM #7. h) 13 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 prescription drug medication, or the need to pay the funeral expenses of the Participant's spouse, the Participant's dependent, or the Participant's primary Beneficiary may constitute an Unforeseeable Emergency. 5.6 Commencement of Distributions. (a) Subject to the terms of the Investment Options, upon Severance from Employment (other than due to death), a Participant may commence distribution of benefits at any time following Severance from Employment by submitting a request to the Investment Sponsor. (b) Notwithstanding the provisions of Section 5.6(a) above, in no event shall distribution of benefits commence with respect to any Participant later than the April 1st of the calendar year following the calendar year in which the Participant attains age 701/2, or if later, the April 1st of the calendar year following the calendar year in which the Participant incurs a Severance from Employment. ARTICLE VI - FORM OF PAYMENT 6.1 Form of Payment. To the extent permitted by the Investment Options, distributions to Participants will be made in a single lump sum unless other distribution options are made available by any Investment Sponsor and selected for use under the Plan. These alternative distribution options may include: (a) Single Life Annuity. An annuity payable in equal installments for the life of the Participant that terminates upon the Participant's death. (b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of the Participant and his or her Beneficiary. (c) Fixed Period Payments. Payments for a fixed period subject to the terms or limitations of the applicable Investment Sponsor or Investment Options. (d) Any other annuity or withdrawal options as provided under the Investment Options available under this Plan. All forms of payments shall be subject to the limitations of the applicable Investment Sponsor and its Investment Options. 6.2 Limits on Income Options Under an Annuity Contract. Distributions from an annuity contract, if not made in a single lump sum, shall be made over a period that does not exceed: (a) the life of the Participant; AGENDA ITEM #7. h) 14 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (b) the lives of the Participant and his or her designated Beneficiary; (c) a period certain not extending beyond the life expectancy of the Participant; or (d) a period certain not extending beyond the life expectancies of the Participant and his or her designated Beneficiary. 6.3 Minimum Amounts to be Distributed. (a) If a Participant's retirement payments are to be distributed in a form other than a single lump sum, the amount to be distributed each year, and the times those amounts are paid, shall satisfy the requirements specified in Section 401(a)(9) of the Code and the regulations issued thereunder. (b) Notwithstanding the foregoing Section 6.3(a), a Participant or Beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of Section 401(a)(9)(h) of the Code ("2009 RMDs"), and who would have satisfied that requirement by receiving distributions that are (1) equal to the 2009 RMDs or (2) one or more payments in a series of substantially equal distributions (that include the 2009 RMDs) made at least annually and expected to last for the life (or life expectancy) of the Participant, the joint lives (or joint life expectancy) of the Participant and the Participant's designated Beneficiary, or for a period of at least ten (10) years ("Extended 2009 RMDs"), will receive those distributions for 2009 unless the Participant or Beneficiary chooses not to receive such distributions. Participants and Beneficiaries described in the preceding sentence will be given the opportunity to elect not to receive the distributions described in this Section 6.3(b). 6.4 Minimum Distribution Requirements During Participant's Lifetime. (a) Requirements of Code and Related Regulations Incorporated. All distributions required under this Section 6.4 will be determined and made in accordance with Section 401(a)(9) of the Code and the regulations issued thereunder. (b) Time and Manner of Distribution. (1) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the April 1st of the calendar year following the calendar year in which the Participant attains age 701/2, or if later, the April 1st of the calendar year following the calendar year in which the Participant incurs a Severance from Employment. (2) Amount of Required Minimum Distribution for Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year will be determined AGENDA ITEM #7. h) 15 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 under the applicable provisions of Section 401(a)(9) of the Code and the Treasury regulations issued thereunder. (3) Lifetime Required Minimum Distributions Continue through Year of Participant's Death. Required minimum distributions will be determined under this Section 6.4 beginning with the first (1st) distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. Any amount due but untaken in the year of death, must be received by the Beneficiary, even if the Beneficiary elects to delay payments under the five (5) year rule under Section 7.2(b). 6.5 Election. Subject to the rules of the Investment Sponsor and the form(s) of distribution available under the Plan, a Participant or Beneficiary may elect the form of distribution of his or her benefits and may revoke that election at any time at least thirty (30) days before his or her benefits begin, or such other time as permitted by the Plan Administrator or its designee, by notifying the Investment Sponsor in writing of his or her new election. Unless otherwise set forth in the Adoption Agreement, all distributions of benefits paid pursuant to the terms of this Plan shall be paid directly by the applicable Investment Sponsor to the Participant or Beneficiary. 6.6 Failure to Make Election. If a Participant or Beneficiary fails to elect a form of payment in a timely manner, to the extent permitted by the Investment Option, benefits shall be paid in a single lump sum. ARTICLE VII - DEATH BENEFITS 7.1 Form of Payment. Distributions to Beneficiaries will be made in a single lump sum to the designated Beneficiary as soon as administratively feasible following the death of the Participant unless the Beneficiary selects an alternative distribution option that is made available by any other Investment Sponsor and selected for use under the Plan. These alternative distribution options may include: (a) Single Life Annuity. An annuity payable in equal installments for the life of the Beneficiary that terminates upon the Beneficiary's death. (b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of the Beneficiary and his or her beneficiary. (c) Fixed Period Payments. Payments for a fixed period subject to the terms or limitations of the applicable Investment Sponsor or Investment Options. (d) Any other annuity or withdrawal options provided under the Investment Options. All forms of payments shall be subject to the limitations of the applicable Investment Sponsor and its Investment Options. AGENDA ITEM #7. h) 16 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 7.2 Death Distribution Requirements. Notwithstanding any other provisions in this Section, any distribution option selected by a Beneficiary must comply with the following distribution provisions: (a) Death After Distributions Begin. If the Participant dies after distribution of his or her interest has commenced, the remaining portion of such interest shall continue to be distributed at least as rapidly as the method of distribution being used prior to the Participant's death. (b) Death Before Distributions Begin. If the Participant dies before distribution of his or her interest has commenced, distribution of the Participant's entire interest shall be completed by the December 31st of the calendar year containing the fifth (5th) anniversary of the Participant's death, except to the extent that the recipient of such benefits elects to receive distributions in accordance with (1) or (2) below: (1) If any portion of the Participant's interest is payable to a designated Beneficiary, distributions may be made in substantially equal annual payments over the life of the designated Beneficiary, or over a period certain not extending beyond the life expectancy of the designated Beneficiary, and commencing no later than the December 31st of the calendar year immediately following the calendar year in which the Participant died; (2) If the designated Beneficiary is the Participant's surviving spouse, the date distributions are required to begin in accordance with (1) above shall be the December 31st immediately following the calendar year in which the Participant died or, if later, the December 31st of the calendar year in which the Participant would have attained age 701/2. (3) If the Participant has not made an election pursuant to this Section 7.2 by the time of his or her death, the Participant's designated Beneficiary must elect the method of distribution no later than the earlier of (a) the December 31st of the calendar year in which distributions would be required to begin under this Section 7.2, or (b) the December 31st of the calendar year which contains the fifth (5th) anniversary of the date of death of the Participant. If the Participant has no designated Beneficiary, or if the designated Beneficiary does not elect a method of distribution, distribution of the Participant's entire interest must be completed by the December 31st of the calendar year containing the fifth (5th) anniversary of the Participant's death. (c) For purposes of Section 7.2(b), if the surviving spouse dies after the Participant, but before payments to such spouse begins, the provisions of Section 7.2(b) with the exception of paragraph (2) shall be applied as if the surviving spouse were the Participant. AGENDA ITEM #7. h) 17 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (d) For purposes of this Section 7.2, any amount paid to a child of the Participant will be treated as if it had been paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority. (e) For the purposes of this Section 7.2, distribution of a Participant's interest is considered to begin on the Participant's required beginning date (or, if applicable, the date distribution is required to begin to the surviving spouse). If distribution in the form of an annuity irrevocably commences to the Participant before the required beginning date, the date distribution is considered to begin is the date distribution actually commences. 7.3 Death of Beneficiary Before Benefits Commence. In the event that a Beneficiary dies after becoming entitled to receive benefits under this Plan but before distributions to the Beneficiary have commenced, the benefits due such Beneficiary shall be paid to the estate of the Beneficiary in a single lump sum payment as soon as administratively feasible following the Beneficiary's death. No other distribution elections shall be permitted. ARTICLE VIII - TRANSFERS AND ROLLOVERS 8.1 Plan-to-Plan Transfers from the Plan. (a) If elected in the Adoption Agreement and subject to the terms of the Investment Option, any Participant (or Beneficiary upon the Participant's death) can elect to have his or her Account Balance transferred to another Eligible Governmental Deferred Compensation Plan (the "receiving plan") and the transfer satisfies the applicable requirements of Section 1.457-10(b) of the Treasury regulations. (b) Upon the transfer of assets under this Section 8.1, the Plan's liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Plan Administrator or its designee may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this Section 8.1 (for example, to confirm that the receiving plan is an eligible governmental plan under paragraph (a) of this Section 8.1, and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer. 8.2 Permissive Service Credit Transfers. (a) If elected in the Adoption Agreement, any Participant who participates in a tax- qualified defined benefit governmental plan (as defined in Code Section 414(d)) that provides for the acceptance of plan-to-plan transfers with respect to the Participant may elect to have any portion of the Participant's Account Balance transferred from this Plan to the defined benefit governmental plan. A transfer under this Section 8.2 may be made before the Participant has had a Severance from Employment. AGENDA ITEM #7. h) 18 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (b) A transfer may be made under this Section 8.2 only if the transfer is either for (i) the purchase of permissive service credit (as defined in Section 415(n)(3) of the Code) under the receiving defined benefit governmental plan; or (ii) the repayment of contributions and earnings related to a previous forfeiture of service credit under the defined benefit governmental plan. 8.3 Direct Rollovers.Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this provision, a "distributee" may elect, at the time and in the manner prescribed by the Employer, to have all, or any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. For purpose of implementing the requirements of this provision, certain terms contained in this Section 8.3 shall be defined as follows: (a) Eligible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the Account Balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and any other exception permitted by law or the Internal Revenue Service. Any amount that is distributed on account of Unforeseeable Emergency shall not be an eligible rollover distribution (and the distributee may not elect to have any portion of such a distribution paid directly to an eligible retirement plan). For 2009 only, the following shall also be treated as an eligible rollover distribution: 2009 RMDs and Extended 2009 RMDs as defined in Section 6.4(b) of the Plan. (b) Eligible Rollover Distribution to a Roth IRA. Effective January 1, 2008, a Participant or any designated Beneficiary of the Participant may elect to roll over amounts in accordance with Section 408A(e) of the Code directly to a Roth IRA, provided that for any taxable year prior to January 1, 2010, the provisions of Section 408A(c)(3)(B) of the Code are satisfied. (c) Eligible Retirement Plan. An eligible retirement plan is any plan within the meaning of Section 402(c)(8)(B) of the Code that accepts the distributee's eligible rollover distribution. An eligible retirement plan shall also mean an Eligible Plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, and which agrees to separately account for amounts transferred into such plan from this Plan. This definition of eligible retirement plan shall also apply in the case of a rollover request for a distribution to a surviving spouse, or to a spouse or AGENDA ITEM #7. h) 19 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 former spouse who is the alternate payee under a qualified domestic relation order, as defined in Section 414(p) of the Code. (d) Distributee. (1) A distributee includes a Participant, a Participant's surviving spouse, a Participant's former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. Effective beginning January 1, 2010, consistent with the provisions of Code Section 402(c)(11), in the case of a distribution to a designated Beneficiary for purposes of Code Section 401(a)(9) who at the time of the Participant's death was neither the spouse of the Participant nor the spouse or former spouse of the Participant who is an alternate payee under a domestic relations order, a direct rollover is payable only to an individual retirement account, Roth IRA or individual retirement annuity (IRA) that has been established on behalf of the Beneficiary as an inherited IRA (within the meaning of Section 408(d)(3)(C) of the Code). (2) Although a non-spouse Beneficiary may directly rollover a distribution as provided in this subsection (d), any distribution made before January 1, 2010, is not subject to the direct rollover requirements of Code Section 401(a)(31) (including Code Section 401(a)(31)(B), the notice requirements of Code Section 402(f), or the mandatory withholding requirements of Code Section 3405(c)). If a non-spouse Beneficiary receives a distribution from the Plan, the distribution is not eligible for a "60-day" rollover. ARTICLE IX - LOANS 9.1 Availability. If elected in the Adoption Agreement and subject to the terms of the Investment Options, a Participant who is an Active Participant may apply for and receive a loan from his or her Account Balance as provided in this Article IX. All loans must be subject to the terms of the Investment Options available under the Plan from which they are taken and subject to such rules and procedures as the Plan Administrator or its designee may adopt. Any such loan must be available to all Participants on a reasonably equivalent basis and may not be for an amount less than $1,000. All applications for a loan shall be made to the Investment Sponsor sponsoring the Investment Option from which the loan is taken. Absent any contrary provision in the loan agreement with the Investment Sponsor or under the Investment Option, the terms of this Article IX will apply. 9.2 Maximum Loan Amount. No loan to a Participant hereunder may exceed the lesser of: (a) $50,000, reduced by the greater of (i) the outstanding balance on any loan from the Plan to the Participant on the date the loan is made or (ii) the highest outstanding balance on loans from the Plan to the Participant during the one-year period ending on the day before the date the loan is approved by the Investment AGENDA ITEM #7. h) 20 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Sponsor (not taking into account any payments made during such one-year period), or (b) one-half of the value of the Participant's vested Account Balance (as of the Valuation Date immediately preceding the date on which such loan is approved by the Investment Sponsor). For purposes of this Section 9.2, any loan from any other plan maintained by the Employer shall be treated as if it were a loan made from the Plan, and the Participant's vested interest under any such other plan shall be considered a vested interest under this Plan; provided, however, that the provisions of this paragraph shall not be applied so as to allow the amount of a loan under this Section 9.2 to exceed the amount that would otherwise be permitted in the absence of this paragraph. 9.3 Terms of Loan. The terms of the loan shall: (a) require level amortization with payments not less frequently than quarterly throughout the repayment period. (b) require that the loan be repaid within five (5) years unless the Participant certifies in writing to the Plan Administrator that the loan is to be used to acquire any dwelling unit which, within a reasonable time, is to be used (determined at the time the loan is made) as a principal residence of the Participant, in which case the loan may be repaid over a period not greater than ten (10) years. (c) provide for interest at a rate to be determined under the terms of the Investment Option or the loan procedures of the Investment Sponsor. 9.4 Extended Loan Term for Leaves of Absence due to Military Service. The Plan may suspend the obligation to repay a loan for any period during which a Participant is performing military service in accordance with Section 414(u)(4) of the Code, even if the service is not qualified military service as defined under the Uniformed Services Employment and Reemployment Rights Act of 1994. Loan repayments must resume upon the completion of the military service, and the loan must be repaid in full (including interest that accrues during the period of military service) by amortization in substantially level payments over a period that ends not later than five (5) years after the origination date of the loan (unless the loan is for the purchase of a principal residence) plus the period of the military service. 9.5 Loan Default. In the event that a Participant fails to make a loan payment under this Article IX by the end of the calendar quarter following the calendar quarter in which the loan payment was due, a default on the loan shall occur. Loan defaults shall be administered in accordance with specific rules documented under the Investment Options and the Code. AGENDA ITEM #7. h) 21 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 ARTICLE X - ROTH ELECTIVE DEFERRALS 10.1 General Application. This Article X will apply to contributions beginning with the effective date specified in the Adoption Agreement but in no event, before the first day of the first taxable year beginning on or after January 1, 2011. (a) As of the effective date under Section 10.1, the Plan will accept Roth Elective Deferrals made on behalf of Participants. A Participant's Roth Elective Deferrals will be allocated to a separate account maintained for such deferrals as described in Section 10.2. (b) Unless specifically stated otherwise, Roth Elective Deferrals will be treated as Annual Deferrals for all purposes under the Plan. 10.2 Separate Accounting. (a) Contributions and withdrawals of Roth Elective Deferrals will be credited and debited to the Roth Elective Deferral account maintained for each Participant. (b) The Plan will maintain a record of the amount of Roth Elective Deferrals in each Participant's account. (c) Gains, losses, and other credits or charges must be separately allocated on a reasonable and consistent basis to each Participant's Roth Elective Deferral account and the Participant's other accounts under the Plan. (d) No contributions other than Roth Elective Deferrals and properly attributable earnings will be credited to each Participant's Roth Elective Deferral Account. 10.3 Direct Rollovers and Roth Elective Deferral account. (a) Notwithstanding Section 8.3, a direct rollover of a distribution from a Roth Elective Deferral account under the Plan will only be made to another Roth Elective Deferral account under an Eligible Governmental Deferred Compensation Plan and only to the extent the rollover is permitted under the rules of Section 402(c) of the Code or as otherwise permitted by law. (b) Notwithstanding Section 3.11, unless otherwise provided by the Employer in the Adoption Agreement, the Plan will accept a rollover contribution to a Roth Elective Deferral account only if it is a direct rollover from another Roth Elective Deferral account under an Eligible Governmental Deferred Compensation Plan and only to the extent the rollover is permitted under the rules of Section 402(c) of the Code or as otherwise permitted by law. (c) Notwithstanding Section 8.3, if elected in the Addendum to the Adoption Agreement and subject to the terms of the Investment Options, a Participant may AGENDA ITEM #7. h) 22 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 elect an In-Plan direct rollover contribution of Annual Deferrals to the Participant's designated Roth Elective Deferral account if the rollover contribution meets the following requirements: (1) the rollover is from a non-designated Roth account in the Plan; (2) the rollover is because of an event that triggered the availability of a distribution from the Plan; (3) meets the rollover requirements of Section 402(c)(4) of the Code; (d) Any eligible rollover distributions from a Participant's Roth Elective Deferral account are taken into account in determining whether the total amount of the Participant's Account Balances under the Plan exceeds the threshold amount for purposes of distributions from the Plan pursuant to Section 5.4. (e) If subject to any minimum threshold for distributions that are direct rollovers that are imposed by the Plan Administrator or under the Investment Options, any amount distributed from the Participant's Roth Elective Deferral account is treated as a separate distribution from any amount distributed from the Participant's other accounts in the Plan, even if the amounts are distributed at the same time. 10.4 Definition of Roth Elective Deferrals. A Roth Elective Deferral is an elective deferral that is: (a) Designated irrevocably by the Participant in the Deferred Compensation Agreement as a Roth Elective Deferral that is being made in lieu of all or a portion of the pre-tax Annual Deferrals the Participant is otherwise eligible to make under the Plan; and (b) Treated by the Employer as includible in the Participant's income at the time the Participant would have received that amount in cash if the Participant had not made an agreement to defer this Compensation. ARTICLE XI - BENEFICIARY INFORMATION 11.1 Designation. A Participant shall have the right to designate a Beneficiary, and amend or revoke such designation at any time prior to commencement of benefits, in writing and in a form approved by the Plan Administrator, its designee, or the Investment Sponsor. Such Beneficiary designations, amendments, or revocations will be maintained by the Investment Sponsor and shall be effective upon satisfactory receipt by the Investment Sponsor. 11.2 Failure to Designate a Beneficiary. Absent any procedures set forth by the Investment Sponsor, benefits shall be paid to the Participant's estate if, prior to the date a Participant AGENDA ITEM #7. h) 23 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 commences to receive payment of benefits under the Plan, the Participant has not designated a Beneficiary or no designated Beneficiary survives the Participant and benefits are payable following the Participant's death. ARTICLE XII - PLAN ADMINISTRATION 12.1 Plan Administration. The Employer shall be responsible for appointing a Plan Administrator to administer the Plan. The Plan Administrator may authorize a committee comprised (to the extent possible) of not less than three (3) persons, to act collectively with regard to administration of the Plan. The Plan Administrator shall have sole discretionary responsibility for the interpretation of the Plan, enrolling Participants in the Plan, sending contributions on behalf of each Participant to the applicable Investment Sponsor, and for performing other duties required for the operation of the Plan. Any action taken on any matter within the discretion of the Plan Administrator shall be made in its sole and absolute discretion based on this Plan document and the Adoption Agreement, and shall be final, conclusive, and binding on all parties. In order to discharge its duties hereunder, the Plan Administrator shall have the power and authority to delegate ministerial duties and to employ such outside professionals as may be required for prudent administration of the Plan. The Plan Administrator shall also have authority to enter into agreements on behalf of the Employer necessary to implement this Plan. 12.2 Accounts and Expenses. The Employer or the Investment Sponsor shall establish and maintain book entry accounts on behalf of each Participant and Beneficiary after the death of the Participant. Such accounts shall be valued in accordance with the rules of the Investment Option, in which the accounts are invested. Each Participant shall receive a written notice of his or her Account Balance following such valuation or valuations, provided that such notice shall not be required to be given more than one time per calendar quarter. Each Participant's Account Balance shall reflect the aggregate of his or her Annual Deferrals, Employer non-elective contributions, Employer matching contributions, and plan-to-plan transfers and rollovers, if any, and shall also reflect investment experience attributable to such Account Balance and expense charges applied to, and distributions made from, such Account Balance. 12.3 Mistaken Contribution. If any contribution (or any portion of a contribution) is made to the Plan by a good faith mistake of fact, then within one (1) year after the payment of the contribution, and upon receipt in good order of a proper request approved by the Plan Administrator, the amount of the mistaken contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the extent required or permitted by the Plan Administrator, to the Employer. 12.4 Domestic Relations Orders. Notwithstanding Sections 14.3 and 14.9, if a judgment, decree or order (including approval of a property settlement agreement) that relates to the provision of child support, alimony payments, or the marital property rights of a spouse or former spouse, child, or other dependent of a Participant is made pursuant to the domestic relations law of any State ("domestic relations order" or "DRO"), then, unless otherwise elected in the Adoption Agreement, the amount of the Participant's AGENDA ITEM #7. h) 24 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Account balance shall be paid in the manner and to the person or persons so directed in the domestic relations order provided such domestic relations order is found to be qualified under the provisions of Section 414(p) of the Code ("QDRO"). Payment shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. The Investment Sponsor shall establish reasonable procedures for determining the status of any such decree or order and for effectuating distribution pursuant to the domestic relations order. The Plan Administrator shall establish such procedures, in the absence of any procedures established by the Investment Sponsor. Effective April 6, 2007, a DRO that otherwise satisfies the requirements of a QDRO will not fail to be a QDRO solely because (a) the order is issued after or revises another DRO or QDRO, or (b) at the time the DRO is issued, including issuance after the starting date for the Participant's selected or defaulted form of distribution or the Participant's death. Any such DRO shall be subject to the same requirements and protections as any other QDRO. 12.5 IRS Levy. Notwithstanding Sections 14.3 and 14.9, the Plan Administrator may pay from a Participant's or Beneficiary's book entry account the amount that the Plan Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 12.6 Procedure When Distributee Cannot be Located. Absent any procedures from the Investment Sponsors, the Plan Administrator shall make all reasonable attempts to determine the identity and address of a Participant or a Participant's Beneficiary (the "distributee") entitled to benefits under the Plan. For this purpose a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address shown on the Employer's or Plan Administrator's records, (b) notification sent to the Social Security Administration or the Pension Benefit Guaranty Corporation (under their program to identify payees under retirement plans), and (c) the distributee has not responded within six (6) months. If the Plan Administrator is unable to locate such person entitled to benefits hereunder, or if there has been no claim has been made for such benefits, the Plan shall continue to hold the benefits due such person. 12.7 Payments to Minors and Incompetents. Absent any procedures from the Investment Sponsors, if a Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, or is deemed so by the Plan Administrator or the Investment Sponsor, the Investment Sponsor shall make the distribution of benefits to the Participant's or Beneficiary's guardian, conservator, custodian, attorney-in-fact, or to any other legal representative adjudged to be appropriate upon receiving satisfactory evidence of such status or a court order to that effect. AGENDA ITEM #7. h) 25 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN 13.1 Amendment of Plan. While it is expected that this Plan will continue indefinitely, the Employer reserves the right at any time to amend or otherwise modify the Plan without any liability for such action. No amendment shall increase the duties or responsibilities of any Investment Sponsor without its prior consent thereto in writing. 13.2 Termination of Plan. The Employer shall have the right at any time to terminate the Plan. No termination shall affect the amounts already deferred under the Plan. In order for the Plan to be considered terminated, funds deferred under the Plan must be distributed to all Plan Participants and Beneficiaries as soon as administratively practicable after termination of the Plan, in accordance with the terms of the Investment Option. ARTICLE XIV - MISCELLANEOUS 14.1 Plan Non-Contractual. Nothing contained in this Plan will be construed as a commitment or agreement on the part of any person to continue his or her employment with the Employer, and nothing contained in this Plan will be construed as a commitment on the part of the Employer to continue the employment or the rate of compensation of any person for any period, and all Employees of the Employer will remain subject to discharge to the same extent as if the Plan had never been put into effect. 14.2 Claims of Other Persons. The provisions of the Plan will in no event be construed as giving any Participant or any other person, firm, corporation or other legal entity, any legal or equitable right against the Employer, its officers, employees, directors or trustees, except the rights as are specifically provided for in this Plan or created in accordance with the terms and provisions of this Plan. 14.3 Non-Assignability. Except as otherwise provided in 12.4 and 12.5, the interest of each Participant or Beneficiary under the Plan is not subject to the claims of the Participant's or Beneficiary's creditors, and neither the Participant nor any Beneficiary shall have any right to sell, assign, transfer, or otherwise convey the right to receive payments hereunder or any interest under the Plan, which payments and interest are expressly declared to be non-assignable and non-transferable. 14.4 Contracts. The terms of each Investment Option offered to Participants as an investment option hereunder, the terms of a custodial agreement, or trust in which an Investment Option may be held, any contract issued on behalf of a Participant, certificate issued to a Participant, and any other written documents or instruments related to any such matters are a part of the Plan as if fully set forth in the Plan document and the provisions of which are hereby incorporated by reference into the Plan. In the case where there is any inconsistency or ambiguity between the terms of the Plan and those of any contract, certificate, custodial agreement, trust, or other such document or instrument if any, funding the Plan, the terms of the contract, certificate, custodial agreement, trust, or other AGENDA ITEM #7. h) 26 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 such document or instrument will control to the extent not inconsistent with the applicable provisions of the Code and any applicable regulations issued thereunder. 14.5 Pronouns. Whenever used herein, the masculine pronoun is deemed to include the feminine. The singular form, whenever used herein, shall mean or include the plural form where applicable, and vice versa. 14.6 Representations. The Employer does not represent or guarantee that any particular Federal or State income, payroll, personal property, or other tax consequence will result from participation in this Plan. A Participant should consult with professional tax advisors to determine the tax consequences of his or her participation. Furthermore, the Employer does not represent or guarantee investment returns with respect to any Investment Option and shall not be required to restore any loss which may result from such investment or lack of investment. 14.7 Severability. This Plan document is intended to comply with the applicable provisions of the Code, Treasury regulations, and other IRS guidance issued thereunder. To the extent not inconsistent with Section 14.4, if any provision in this Plan document is inconsistent therewith, the inconsistent provision shall be struck from the document and replaced with the applicable provision from the Code, Treasury regulation, or any other applicable IRS guidance. In addition, if a court of competent jurisdiction holds any provision of this Plan to be invalid or unenforceable, the remaining provisions of the Plan shall continue to be fully effective. 14.8 Applicable Law. This Plan shall be construed in accordance with applicable Federal law and, to the extent otherwise applicable, the laws of the State in which the Employer is located. 14.9 Trust Fund. To the extent the trust requirements of Section 457(g)(3) of the Code are not satisfied through one or more annuity contracts or custodial agreements satisfying the requirements of Section 401(f) of the Code, all amounts of deferrals and contributions to the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held and invested in the "Trust Fund" in accordance with this Plan and any trust agreement. The Trust Fund, and any subtrust established under the Plan, shall be established pursuant to a written agreement that constitutes a valid trust under the laws of the state in which the Employer is located. The trustee shall ensure that all investments, amounts, property, and rights held under the Trust Fund are held for the exclusive benefit of the Participants and their Beneficiaries. The Trust Fund shall be held in trust pursuant to a trust agreement for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. It shall be impossible prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and income of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries. AGENDA ITEM #7. h) INWITNESSWHEREOF,thisPlanDocumenthasbeenexecutedthisIIdayof________________2017CITYOFRENTONBy:__________PrintedName:c2oLJTitle:(‘1,J?1/thri,ijsi½27TIM-CREFFinancialServices©Governmental457(b)DeferredCompensationPlan6/2013AGENDA ITEM #7. h) Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement ADOPTION AGREEMENT FOR THE ELIGIBLE 457(b) DEFERRED COMPENSATION PLAN OF CITY OF RENTON & RENTON REGIONAL FIRE AUTHORITY, A GOVERNMENTAL EMPLOYER AGENDA ITEM #7. h) 1 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement 1. General Information (A) Name of Governmental Employer: City of Renton & Renton Regional Fire Authority (B) Address of Governmental Employer: 1055 S Grady Way Renton, WA 98057 (C) Name of Plan: City of Renton & Renton Regional Fire Authority Deferred Compensation Plan (D) Federal Tax ID Number of Governmental Employer: 91-6001271 (E) Plan Administrator's Name and Address: 457 Committee 1055 S. Grady Way, Renton, WA 98057 2. Effective Date / Restated Effective Date (Article I - Definitions) (Select one) (A) [ ] The Plan is a new plan. The Effective Date is __________ (B) [ X ] The Plan is a restated plan. The Restated Effective Date is ___11/01/2017_______ The Plan's initial Effective Date was 07/01/2013 3. Plan Year (Article I - Definitions) (Select all that apply) Plan Year means: (A) [ X ] The calendar year. (B) [ ] The Plan Year is a twelve (12) month period beginning on __________ and ending on the following __________. (C) [ ] The initial Plan Year is a short Plan Year beginning on __________ and ending on __________. Thereafter, the Plan Year will be the twelve (12) month period selected in Box 3(A) or Box 3(B) above. 4. Definition of Compensation (Article I - Definitions) (Please make a selection in (A) and (B)) (A) [ ] Compensation is defined as W -2 wages (including differential wage payments) [ ] Compensation will be defined as W-2 wages exclusive of the following: __________ [ X ] Compensation will be defined as follows: Base Pay AGENDA ITEM #7. h) 2 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (B) If so selected, this amount also includes pay for accrued bona fide sick, vacation or other leave pay (but not severance pay). (Note: Any such pay must be paid within the later of 2 ½ months following Severance from Employment or the end of the calendar year which includes the date of Severance from Employment.) [ X ] Yes, include. If yes, select which types of accrued leave pay will apply to the Plan. (1) [ X ] Accrued bona fide sick pay (2) [ X ] Accrued vacation pay (3) [ X ] Other accrued leave pay (describe): Differential wage payment by reason of qualified military service (within meaning of Code Section 404(u). [ ] No, do not include. 5. Eligible Employee (Article I - Definitions) (Select all that apply) (A) [ ] All Employees of the Employer. (B) [ X ] All Employees of the Employer, other than the following excluded Employees: (1) [ X ] Leased Employees (2) [ ] Salaried Employees (3) [ ] Hourly Employees (4) [ X ] Seasonal Employees (5) [ X ] Temporary Employees (6) [ X ] Independent Contractors (7) [ ] Employees whose employment is governed by the terms of a collective bargaining agreement between Employee representatives (within the meaning of Code Section 7701(a)(46)) and the Employer, under which retirement benefits were the subject of good faith bargaining. (8) [ ] Other: _____________________________________________ 6. Contract Selection and Alternate Investment Sponsors (Article I - Definitions) (A) Investment Options are any investments made available by either TIAA-CREF under its contracts (including the use of TIAA-CREF or non-proprietary mutual funds) or any other Investment Sponsor and selected for use under this Plan by the Employer, or its designee. AGENDA ITEM #7. h) 3 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement The contracts that will be offered by TIAA-CREF under the Plan are: (Select all that apply) [ X ] TIAA Retirement Choice Plus Annuity Contract ("TIAA RCP") and CREF Retirement Choice Plus Annuity Contract ("CREF RCP"). [ ] TIAA Retirement Choice Annuity Contract ("TIAA RC") and a CREF Retirement Choice Annuity Contract ("CREF RC"). [ ] TIAA Stable Value Annuity Contract ("TIAA Stable Value") in conjunction with an RC Contract. If this option is selected, the RC Contract will also be included in the selection. [ ] For plans in existence prior to January 1, 2013, TIAA Group Supplemental Retirement Annuity Contract (“TIAA GSRA”) and CREF Group Supplemental Retirement Annuity Contract ("CREF GSRA"). (B) Alternate Investment Sponsors. (Select one) [ X ] No, alternate Investment Sponsors are not available under the Plan. TIAA-CREF is the sole Investment Sponsor under the Plan. [ ] Yes, alternate Investment Sponsors are available under the Plan. (List alternate Investment Sponsors) __________ 7. Normal Retirement Age (Article I - Definitions) (Please make a selection in (A) and if applicable, (B)) (A) General Rule. Other than provided in (B), Normal Retirement Age (“NRA”) can be defined as any age that is on or after the earlier of age 65 or the age at which a Participant can retire and receive an unreduced benefit under the Employer’s defined benefit plan (or if there is no defined benefit plan or if Participants cannot participate in that plan, a money purchase pension plan in which Participants also participate), and that is not later than age 70 ½. Alternatively, an Eligible Plan may choose or permit participants to choose any NRA that is within those ages. (1) [ ] Normal Retirement Age will be age 65. (2) [ ] Normal Retirement Age will be age __________. (3) [ ] Normal Retirement Age will be the age selected by each Participant. (4) [ X ] Normal Retirement Age is defined as follows: The age selected by each Participant, which may not be earlier than the minimum age the participant has a right to retire under PERS without actuarial reduction (B) Special Rule for Participants who are Police or Firefighters. Those Participants may AGENDA ITEM #7. h) 4 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement substitute age 40 for age 65 for the rules in (A). (1) [ ] Normal Retirement Age will be age 40. (2) [ ] Normal Retirement Age will be age __________. (3) [ ] Normal Retirement Age will be the age selected by each Participant. (4) [ X ] Normal Retirement Age is defined as follows: The age selected by each Participant, which may not be earlier than the minimum age the participant has a right to retire under LEOFF without actuarial reduction 8. Annual Deferrals (Section 3.1) (Select one) (A) [ X ] Annual Deferrals may be made to the Plan up to the maximum amount permitted by law. (B) [ ] Annual Deferrals may be made to the Plan up to a maximum amount equal to __________ provided that in no event may such deferrals exceed the maximum amount permitted by law. (C) [ ] Annual Deferrals may only be made to this Plan up to the maximum permitted by law after maximizing Elective Deferrals to the Employer's 403(b) plan. (D) [ ] Annual Deferrals may not be made to the Plan. 9. Roth Elective Deferrals (Article X) (Select one) (A) [ X ] Roth Elective Deferrals may be made to the Plan up to the maximum amount permitted by law. (B) [ ] Roth Elective Deferrals may be made to the Plan up to a maximum amount equal to __________, provided that in no event may such deferrals exceed the maximum amount permitted by law. (C) [ ] Roth Elective Deferrals may only be made to this Plan up to the maximum permitted by law after maximizing Elective Deferrals to the Employer's 403(b) plan. (D) [ ] Roth Elective Deferrals may not be made to the Plan. 10. Deferral of Special Pay (Section 3.3) (Select one) If selected below, a Participant may elect to defer accumulated sick pay, accumulated vacation pay and other leave pay provided that in no event shall such deferrals to the Plan exceed the AGENDA ITEM #7. h) 5 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement maximum amount permitted by law. [ X ] Yes, apply. (Question 4.(B) must also be checked, Yes.) [ ] No, do not apply. 11. Age 50 Catch-up Contributions (Section 3.7(c)) (Select one) If selected below, age 50 catch-up contributions may be made to the Plan up to the maximum amount permitted by law. [ X ] Yes, apply. [ ] No, do not apply. 12. Special Section 457 Catch-up Limitation (Section 3.7(b)) (Select one) If selected below, the special Section 457 catch-up contributions may be made to the Plan up to the maximum amount permitted by law. [ X ] Yes, apply. [ ] No, do not apply. 13. Employer Non-Elective Contributions (Section 3.5) Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. (Select one) [ ] The Employer will make non-elective contributions to the Plan on behalf of all Active Participants in an amount equal to __________% of the Participant's Compensation. [ X ] The Employer will make non-elective contributions to the Plan as follows (include a description of the class(es) of Active Participants receiving the contribution and the amount or if the contribution will be discretionary and only made to certain Active Participants as designated by the Employer in its discretion): Discretionary amount declared by Employer [ ] The Employer will not make any non-elective contributions to the Plan. 14. Employer Matching Contributions (Section 3.6) Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. AGENDA ITEM #7. h) 6 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (Select one) (A) [ ] The Employer will make matching contributions to the Plan on behalf of Active Participants who make an Annual Deferral pursuant to a Deferred Compensation Agreement in an amount equal to ___ % of the Participant's Compensation that is contributed to the Plan for the Plan Year. (B) [ ] The Employer will make matching contributions to the Plan on behalf of Active Participants who make an Annual Deferral pursuant to a Deferred Compensation Agreement in an amount equal to ___% of the first ___% of the Participant's Compensation that is contributed to the Plan for the Plan Year. (C) [ ] The Employer will make matching contributions to the Plan as follows (include a description of the class(es) of Active Participants receiving the contribution and the amount or if the contribution will be discretionary and only made to certain Active Participants as designated by the Employer in its discretion): (D) [ X ] The Employer will not make any matching contributions to the Plan. 15. Plan-to-Plan Transfers to the Plan (Section 3.9) (Select one) Please note that, in general, direct plan-to-plan transfers to the Plan can only be made from another Eligible Governmental 457(b) Deferred Compensation Plan and if the Participant is an Eligible Employee of the Employer. No transfers to the Plan can be made by a Beneficiary. (A) [ X ] Direct transfers may be made to the Plan from another Eligible Governmental 457(b) Deferred Compensation Plan to the extent permitted by law. (B) [ ] Direct transfers may be made to the Plan from another Eligible Governmental 457(b) Deferred Compensation Plan, subject to the following limitations: __________ (C) [ ] Direct transfers may not be made to this Plan. 16. Plan-to-Plan Transfers from the Plan (Section 8.1) (Select one) Please note that, in general, direct plan-to-plan transfers from the Plan can only be made to another Eligible governmental 457(b) Deferred Compensation Plan following the Participant's Severance from Employment with the employer that maintained the transferor plan unless the transfer is with respect to a Participant's Beneficiary. (A) [ X ] Direct transfers from the Plan may be made to another Eligible Governmental 457(b) Deferred Compensation Plan to the extent permitted by law. (B) [ ] Direct transfers from the Plan may be made to another Eligible Governmental 457(b) Deferred Compensation Plan, subject to the following limitations: __________ AGENDA ITEM #7. h) 7 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (C) [ ] Direct transfers from the Plan may not be made. 17. Transfers to Purchase Service Credits (Section 8.2) (Select one) If selected below, a Participant may request a transfer from this Plan to a defined benefit governmental plan to purchase service credit. [ X ] Yes, apply. [ ] No, do not apply. 18. Rollover Contributions (Section 3.10) (Select one) Note: An Eligible Governmental 457(b) Deferred Compensation Plan cannot accept rollovers of after-tax funds from another plan. If Roth Elective Deferrals are elected, an Eligible Governmental 457(b) Deferred Compensation Plan can accept rollovers of Roth Elective Deferrals from another Eligible Governmental 457(b) Deferred Compensation Plan, or as otherwise permitted under the Code. (A) [ ] Rollovers to the Plan, including rollovers of Roth Elective Deferrals, are permitted to the extent permitted by law. (B) [ X ] Rollovers to the Plan, excluding rollovers of Roth Elective Deferrals, are permitted to the extent permitted by law. (C) [ ] Rollovers to the Plan are not permitted. 19. In-Service Distribution at Age 70 ½ (Section 5.1(a)) (Select one) If selected below, a Participant may receive a distribution of all or a portion of his or her benefit upon attainment of age 70 ½ prior to Severance from Employment. [ X ] Yes, apply. [ ] No, do not apply. 20. Unforeseeable Emergency (Section 5.5) (Select one) If selected below, a Participant may receive a distribution due to Unforeseeable Emergency prior to Severance from Employment. (A) [ X ] Yes, apply. If “Yes” is selected, please select who will be making the determination approving an Unforeseeable Emergency: AGENDA ITEM #7. h) 8 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (1) [ ] Employer/Plan Administrator (2) [ ] Other Investment Sponsor/Third Party Administrator (name): __________ (3) [ X ] TIAA-CREF (only Employers with prior approval may elect this option) (B) [ ] No, do not apply. 21. Small Balance In-service Distribution (Section 5.2) (Select one) If selected below, a Participant may receive an in-service distribution of all or a part of his or her benefit if the total amount of the Participant's benefit is less than $5,000 (or the dollar limit under Section 411(a)(11) of the Code) and the requirements of Section 5.2 of the Plan are satisfied. [ X ] Yes, apply. [ ] No, do not apply. 22. Small Balance Distributions (Section 5.4) (Please select an option from (A) and (B)) (A) If selected below, small balance distributions of Account Balances of $1,000 or less will be permitted. [ X ] Yes, apply. [ ] No, do not apply. (B) If selected below, small balance distributions of Account Balances of $5,000 or less will be distributed pursuant to Section 5.4, if permitted by an Investment Option. [ ] Yes, apply. [ X ] No, do not apply. If small balance distributions are permitted, the Account Balance threshold will be determined by including that portion of the Participant’s Account Balance that is attributable to rollover contributions (and earnings allocable thereto). 23. Special Severance from Employment Definition for Independent Contractors (Section 5.1(c)(2)) (Select one) The special definition of "Severance from Employment" contained in Section 5.1(c)(2) of the Plan will be applied to all Participants classified as independent contractors if selected below. AGENDA ITEM #7. h) 9 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement [ ] Yes, apply. [ X ] No, do not apply. 24. Special Payment Date Restrictions for Independent Contractors (Section 5.1(b)) (Select one) If selected below, the special payment date restrictions for independent contractors contained in Section 5.1(b) will be applied. [ ] Yes, apply. [ X ] No, do not apply. 25. Loans (Section 9.1) (Select one) If selected below, a Participant will be permitted to receive a loan from the Plan. [ ] Yes, apply. [ X ] No, do not apply. 26. Qualified Domestic Relations Orders (Section 12.4) (Select one) If selected below, distributions pursuant to Qualified Domestic Relations Orders will be permitted under the Plan. [ X ] Yes, apply. [ ] No, do not apply. 27. Special Considerations Relating to Military Service (Section 5.1(d)) (Please make a selection in (A), (B), and (C)) (A) Participants who have died or became Disabled while performing qualified military service shall be treated as if they returned to employment the day preceding the date of death or Disability and had a Severance from Employment on the date of death or Disability. (Select one) [ X ] Yes, apply to both deceased and Disabled Participants. [ ] Yes, apply to deceased Participants. [ ] No, do not apply. AGENDA ITEM #7. h) 10 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (B) Deemed Severance from Employment. If elected below, Participants who have been called to active duty for thirty (30) or more days will be deemed as having a Severance from Employment for purposes of receiving a distribution under the Plan. Any distribution under this Section 5.1(d) requires a suspension of Annual Deferrals under the Plan for six (6) months. (Select one) [ X ] Yes, apply. [ ] No, do not apply. (C) Credit for Benefit Accruals for Deceased Participants. If elected below, Participants who die while performing qualified military service will be credited with service to the Employer for the period of qualified military service. Any Employer contributions made to the Plan for these Participants will comply with Section 401(a)(37) of the Code. (Select one) [ X ] Yes, apply. [ ] No, do not apply. By executing this Adoption Agreement, the Employer adopts the 457(b) Deferred Compensation Plan described herein and in the Plan document. The selections and specifications contained in this Adoption Agreement together with the terms, provisions and conditions provided in the Plan document constitute the Plan. It is understood that TIAA-CREF is not a party to the Plan and shall not be responsible for any tax or legal aspects of the Plan. The Employer assumes responsibility for these matters. The Employer acknowledges that it has counseled, to the extent necessary, with its attorney or other tax advisor. The obligations of the Investment Sponsors shall be governed solely by the provisions of its contracts and policies. TIAA-CREF shall not be required to inquire into any action taken by the Employer or the Plan Administrator and shall be fully protected in taking, permitting or omitting any action on the basis of the actions of the Employer or the Plan Administrator. TIAA-CREF shall incur no liability or responsibility for carrying out actions as directed by the Employer or the Plan Administrator. The provisions you select in completing this Adoption Agreement will apply to your Plan as if they were set forth in the Plan document. In completing this Adoption Agreement, you are urged to consult with your attorney or tax advisor. TIAA-CREF does not and cannot provide legal or tax advice. Failure to properly fill out the Adoption Agreement may result in the failure of your Plan to satisfy the requirements of an eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code of 1986, as amended. AGENDA ITEM #7. h) INWITNESSWHEREOF,thisAdoptionAgreementhasbeenexecutedthis16th_____dayof_November,2017.Employer:CityofRentonBy:_________y/PrintedName:JayCovington____________Title:_ChiefAdministrativeOfficer_Rentoi-RejionaIFireAuthorityBy:______________________PrintedName:RickMarshall____________Title:_FireChief______________V4.02-4.0211TIAA-CREFFinancialServices©Governmental457(b)DeferredCompensationPlan6/2013AdoptionAgreementAGENDA ITEM #7. h) RESOLUTION NO. ________    EXHIBIT B    CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY   457 DEFERRED COMPENSATION PLAN COMMITTEE  OPERATING GUIDELINES    AGENDA ITEM #7. h) CityofRentonandRentonRegionalFireAuthority457DeferredCompensationPlanCommitteeOperatingGuidelinesIntroductionThe457DeferredCompensationPlanCommittee(“Committee”)isanadministrativecommitteedelegatedcertainauthoritywithrespecttotheCityofRentonandRentonRegionalFireAuthorityDeferredCompensationPlan(the“Plan”)bytheCityofRenton(City)andtheRentonRegionalFireAuthority(RFA).TheCommitteehasoversightresponsibilityforthePlan,primarilyrelatingto:(a)maintainingthePlan’sdesignandadministrationinamannerthatsatisfiesbusinessneedsandcomplieswithapplicablelaw;and(b)offeringacoresetofinvestmentsthatprovideanopportunityforparticipantstosaveincomethroughcontributionstoindividualparticipantaccountsandtheearningsthereononatax-advantagedbasisinaccordancewithSection457oftheInternalRevenueCode.TheseOperatingGuidelinesdescribethestructureandresponsibilitiesoftheCommittee.II.StructureandMembershipoftheCommitteeTheCommitteeiscomprisedoffour(4)members,threeofwhomoccupythepositionbyjobtitlewithintheCity,unlesstheCity’sMayorhasappointedanotherindividualtothatCommitteeposition,andoneofwhomisappointedbyRFA.1.City,ChiefAdministrativeOfficer,CommitteeChair(ortheMayor’sdesignee)2.RFA,FireChief(ortheRFA’sdesignee)3.City,HumanResourceandRiskManagementAdministrator(ortheMayor’sdesignee)4.City,AdministrativeServicesDepartmentAdministrator(ortheMayor’sdesignee)TheCommitteeshallappointaSecretarytoberesponsibleforschedulingCommitteeMeetings,collectingmaterialforthemeetinganddistributingtoallmembers,andtakingMeetingminutes.Thefollowingindividuals,whilenotCommitteemembers,areinvitedtoregularlyattendandparticipateinCommitteemeetingsinanon-votingcapacityasrepresentativesoftheiremployeegroupsandtoprovideadviceandinputtotheCommittee.Asrecognizedrepresentativesoftheplanmembers,theCommitteewillgivefullconsiderationstotheinputofthisgroup.1.RepresentativeofFireUnionLocal8642.RepresentativeofAFSCMELocal2170BargainingUnit3.RepresentativeofRentonPoliceGuildBargainingUnit4.RepresentativeofCityemployeeswithoutunionaffiliation,appointedbytheMayorIII.PlanFiduciariesRolesandResponsibilitiesTheCommitteeisthenamedfiduciaryandPlanAdministrator,andactswiththeauthorityanddiscretiontocontrolandmanagetheoperationsandadministrationofthePlan,andshallhaveallpowersnecessarytoaccomplishthesepurposes.TheCommitteewillperformitsfiduciarydutiesunderthePlansolelyintheinterestofparticipantsandtheirbeneficiaries.TheresponsibilityandauthorityoftheCommitteeshallinclude,butshallnotbelimitedto,thefollowing:•ConstruingthePlananddeterminingallquestionsthatariseastointerpretationsofPlanprovisions,includingdeterminationofeligibilityofemployees,methodofpayments,andparticipationandbenefitsunderthetermsofthePlan.AGENDA ITEM #7. h) 457DeferredCompensationPlanCommitteeOperatingGuidelinesPage2of3•EstablishingrulesandproceduresbywhichthePlanwilloperate.•AdoptingamendmentstothePlanwhicharedeemednecessaryordesirabletofacilitateadministrationofthePlanand/ortomaintainorbringthePlanintocompliancewithInternalRevenueCodeSection457andregulationsthereunder.•Maintainingorcompilingallrecordsitdeterminestobenecessary,appropriate,orconvenientregardingtheadministrationofthePlan.•SelectingandreviewinginvestmentoptionsunderthePlan.•MonitoringPlanfeesandexpenseswhicharechargedtoPlanassetsand/orpaidbyPlanparticipants,including,butnotlimitedto,investmentmanagementfees,trusteefeesandfeespaidtootherPlanserviceproviders.•EnsuringtheserviceprovidersofthePlanareprovidingeducationtoPlanparticipants.•EvaluatingtheperformanceofallserviceprovidersnecessaryordesirablefortheadministrationofthePlanincludingaconsultant,athird-partyadministrator,atrusteeortrustees,acustodian,insurancecompanies,regulatedinvestmentcompaniesandothersuchserviceprovidersasshallbenecessaryorappropriatefortheadministrationandoperationofthePlan.•Establishingproceduresforrequestsforproposals,criteriaforacceptanceandselection,andmakingrecommendationstotheCityCouncilrelatedtotheselectionandterminationofanyserviceprovider.•AdministeringthedeterminationofallappealsunderthePlan’sclaimprocedures.•DelegatinganyofitsadministrativeresponsibilitiesunderthePlan,includingtheday-to-dayoperationsofthePlan,tooneormoreemployeesortooneormorepersonsororganizationsthatithasemployedtoperformsuchadministrativeresponsibilities.IntheexerciseofitspowerandresponsibilitiesasthenamedfiduciarywithrespecttoselectionofinvestmentoptionsunderthePlan,theCommitteewillhavethepower,authorityandresponsibilityforthefollowing:•SelectingtheinvestmentdesignfeaturesofthePlan;thisincludesestablishing:oTheinvestmentpolicyandobjectives,oThenumberandtypesofinvestmentalternativesavailabletoPlanparticipants,andoParticipantinvestmentprocedures;•Appointing,monitoringandevaluatingallinvestmentfundoptionsinaccordancewithguidelinesandbenchmarksestablishedwithinthisdocumentandconsistentwithapplicablelaws.IV.StandardofCareWhenactingonbehalfofthePlan,theCommitteewillmeetthestandardofcareorconductofafiduciaryofthePlan,actingintheinterestofparticipantsandbeneficiaries,inamannerthatisconsistentwiththetermsofthePlanandapplicablelaw.V.IndemnificationTheCitywillindemnifyandholdharmlessthemembersoftheCommitteeappointedbytheCityfromandagainstanyandallliabilities,costsandexpenses,includingattorneys’fees,incurredbysuchpersonsasaresultofanyact,oromissiontoact,inconnectionwiththeperformanceoftheirduties,responsibilitiesandobligationsunderthePlanandundertheCode,otherthansuchliabilities,costsAGENDA ITEM #7. h) 457DeferredCompensationPlanCommitteeOperatingGuidelinesPage3of3andexpensesasmayresultfromthebadfaith,willfulmisconductorcriminalactsofsuchpersonsortotheextentsuchindemnificationisspecificallyprohibitedbythelaw.TheCitywillhavetheobligationtoconductthedefenseofsuchpersonsinanyproceedingtowhichthisparagraphapplies.TheCitymaysatisfyitsobligationunderthisparagraphinwholeorinpart,throughthepurchaseofapolicyorpoliciesofinsurance,butnoinsurerwillhaveanyrightsagainsttheCityarisingoutofthisparagraph.TheRFAwillindemnifyandholdharmlessthememberoftheCommitteeappointedbytheREAfromandagainstanyandallliabilities,costsandexpenses,includingattorneys’fees,incurredbysuchpersonsasaresultofanyact,oromissiontoact,inconnectionwiththeperformanceoftheirduties,responsibilitiesandobligationsunderthePlanandundertheCode,otherthansuchliabilities,costsandexpensesasmayresultfromthebadfaith,willfulmisconductorcriminalactsofsuchpersonsortotheextentsuchindemnificationisspecificallyprohibitedbythelaw.TheRFAwillhavetheobligationtoconductthedefenseofsuchpersoninanyproceedingtowhichthisparagraphapplies.TheRFAmaysatisfyitsobligationunderthisparagraphinwholeorinpart,throughthepurchaseofapolicyorpoliciesofinsurance,butnoinsurerwillhaveanyrightsagainsttheRFAarisingoutofthisparagraph.VI.BindingEffectofDecisionsTheCommitteewillconductbusinessbyamajorityvoteofthefour(4)CommitteeMembersatameetingforwhichaproperquorumhasbeenestablished.Aquorumwillbeestablishedifthree(3)ofthemembersarepresenteitherinpersonorbyproxy.AMemberwhoisunabletoattendmaygiveawrittenproxytoanothermember.Awrittenproxywillbeconsideredasanactivememberbeingpresentforpurposesofestablishingaquorum.DecisionsoftheCommitteemadeingoodfaithuponanymatterwithinthescopeofitsauthoritywillbefinal,conclusiveandbindinguponallpersons,includingparticipantsandtheirlegalrepresentativesorbeneficiaries;buttheCityandtheRFAwillatalltimes,ingivingeffecttoitsdecisions,actwithoutdiscriminationinfavoroforagainstanyparticipant,legalrepresentativeorbeneficiary.VII.MeetingsCommitteemeetingswillbeconductedatleastonetimeperyear,withtheobjectiveofmeetingquarterly,andarescheduledbytheSecretarybasedondirectionoftheCommitteeChair.TheCommitteeSecretaryshallberesponsibleforcollectingmaterialfromserviceprovidersnecessaryforthemeetinganddistributingtoallMembersnotlessthanoneweekpriortothemeeting.MeetingminuteswillbetakenbytheSecretaryanddistributedtotheCommitteenotlessthanoneweekpriortothenextCommitteeMeeting.MeetingMinutesaresubjecttothePublicRecordsActcriteriaandassuch,availableuponrequesttoPlanparticipantsandtotheGeneralPublic.Non-membersmayattendmeetings,inanon-votingcapacity,attheinvitationofaCommitteememberVIII.PlanDocumentsThePlanshallbegovernedbyandadministeredunderoneormoreplandocumentsandtrustagreements.ThesePlandocumentsandtrustagreements,togetherwithanyotherformaldocumentsmaintainedfortheoperationandadministrationofthePlan,shallbeonfileinthepermanentrecordsoftheCommitteeandshallbeavailableforinspectionbyPlanparticipantsduringbusinesshours.Approvedbythe457DeferredCompensationPlanCommitteeoni//By__________Chairofth’-nmitteeAGENDA ITEM #7. h)