HomeMy WebLinkAboutFinal Agenda Packet
CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, February 24, 2025
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
For those wishing to attend by Zoom: Please (1) click this link
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-
8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the
day of the meeting to request an invite with a link to the meeting.
Registration for Audience Comment: Registration will be open at all times, but speakers must
register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who
registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and
will be required to re-register for the next Council meeting if they wish to speak at that next
meeting.
Request to Speak Registration Form:
o Click the link or copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
A sign-in sheet is also available for those who attend in person.
Video on Demand: Please click the following link to stream Council meetings live as they
occur, or to select previously recorded meetings:
Renton Channel 21 Video on Demand
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. SPECIAL PRESENTATION
a) King County Emergency Medical Services (KCEMS) Levy
4. ADMINISTRATIVE REPORT
a) Administrative Report
5. AUDIENCE COMMENTS
All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow-up.
Speakers must sign-up prior to the Council meeting.
Each speaker is allowed three minutes.
When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for or
against any ballot measure or candidate in City Hall and/or during any portion of the council
meeting, including the audience comment portion of the meeting, is PROHIBITED.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of February 10, 2025.
Council Concur
b) AB - 3756 Executive Services Department requests authorization to convert a Limited
Term Secretary 2 position to a full-time equivalent (FTE) Secretary 2 position.
Refer to Finance Committee
c) AB - 3766 Human Resources / Risk Management Department recommends confirmation
of Mayor Pavone's appointment of David Topaz as Administrator of the Human Resources
and Risk Management Department, effective March 24, 2025, at salary grade m49, Step
E.
Council Concur
d) AB - 3758 Municipal Court recommends execution of an agreement with the
Administrative Office of the Courts to accept an additional $11,000 in grant funds to
support the Therapeutic Courts/Community Court services.
Refer to Finance Committee
e) AB - 3755 Municipal Court recommends execution of an agreement with the
Administrative Office of the Courts to accept $5,000 in grant funds for the facilitation of
the Third Annual Regional Community Court Retreat.
Refer to Finance Committee
f) AB - 3754 Police Department recommends execution of an interlocal agreement with the
City of Black Diamond, in the amount of $36.00 per day or $252.00 minimum charge per
offender, for their utilization of Renton's electronic home monitoring program for eligible
offenders sentenced by Black Diamond's municipal court.
Refer to Finance Committee
g) AB - 3761 Public Works Administration recommends execution of the 2025 Waste
Reduction & Recycling Grant Program (GRA-25-005) agreement, with King County, to
accept $90,594 in non-matching grant funds to implement waste reduction and recycling
programs.
Refer to Finance Committee
h) AB - 3762 Public Works Administration requests execution of an agreement with King
County to accept $25,103.51 of non-matching grant funds to implement hazardous waste
education programs.
Refer to Finance Committee
i) AB - 3763 Public Works Administration requests authorization to purchase a new
Kenworth T480 GAPVAX MC511-3S3X Combination Jet/VAC truck in the amount of
$749,882.75. The vehicle will be used to repair surface water systems by suctioning storm
drain pipes, catch basins, and excavating dirt at repair sites. The funding for the purchase
was included in the 2025-2026 Biennium Budget.
Council Concur
j) AB - 3752 Public Works Airport requests execution of Addendum 8-25 to LAG-93-004,
lease with BHC Inc., to correct an error in Addendum 7-24 regarding insurance
requirements.
Refer to Transportation (Aviation) Committee
k) AB - 3753 Public Works Airport requests execution of Amendment 7-25 to LAG-12-004,
lease with Bosair, LLC, to adjust the lease rate and make clerical updates. This adjustment
increases the annual revenue to $111,520.39 plus leasehold excise tax.
Refer to Transportation (Aviation) Committee
l) AB - 3750 Public Works Transportation Systems Division recommends execution of a
professional services agreement with Perteet, Inc., in the amount of $1,243,483 for
preliminary and final design plus right-of-way services for the Sunset Trail project.
Refer to Transportation (Aviation) Committee
m) AB - 3751 Public Works Transportation Systems Division recommends execution of the
2025-2026 ORCA Business Cards and Business Passports Agreement with King County
Metro, in the amount of $117,949.20, for the purchase of public transit passes for 355
eligible employees in compliance with the state's Commute Trip Reduction law.
Refer to Transportation (Aviation) Committee
n) AB - 3759 Public Works Transportation Systems Division recommends execution of
Supplemental Agreement No. 2 to CAG-24-268, contractor Transpo Group, USA, Inc., in
the amount of $285,889.66, for additional engineering services for the Oakesdale Ave SW
Pavement Preservation project.
Refer to Transportation (Aviation) Committee
o) AB - 3760 Public Works Transportation Systems Division submits CAG-21-004, Highlands
to Landing Pedestrian Lighting Phase II project, contractor Colvico, Inc., and requests
acceptance of the project and release of retainage bond after 60 days after all state
releases are obtained and all liens have been legally cleared.
Council Concur
p) AB - 3764 Public Works Utility Systems Division requests execution of the Flood
Reduction Grant Agreement 4.24.08 with King County Flood Control District, to accept
$225,000 in grant funding for the Lind Ave SW Storm System Improvement project.
Refer to Finance Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: 1) Vouchers; 2) Transportation Improvement Board (TIB) Grant
Acceptance for the 116th Ave SE Sidewalk Project
8. LEGISLATION
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - Conferencing Center
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
2026 -2031
MEDIC ONE/EMS LEVY
PLANNING PROCESS
Renton City Council, February 24, 2025
Presented by:
Michele Plorde, EMS Division Director
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Overview
Current 6-year Medic One/EMS levy expires December 31, 2025
Hosted a regional 8-month process rooted in partnerships and
consensus-building
Developed recommendations for Strategic Plan and finance plan
(levy) for King County voters to renew in 2025
Next step: Legislative approval process
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What is Medic One/EMS?
Any time you call 9-1-1 for a medical emergency, you are using the Medic One/EMS system. Known worldwide for excellence and innovation.
•Serves over 2.3 million people throughout King County and provides lifesaving services on average every 2 minutes.
•In 2024, the Medic One/EMS system responded to over 255,000 calls in King County.
•In 2023 , the survival rate for cardiac arrest was 51% throughout the region.
•Because of our strong program, cardiac arrest patients are 2 to 3 times more likely to survive, compared to other cities.
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Renton Regional Fire Authority Statistics
Renton Regional Fire Authority serves the City of Renton, Fire District #25
and Fire District #40.
•Serves 138,000+ people.
•In 2024, Renton RFA responded to nearly 25,000 calls with an average
response time of 5.35 minutes.
•In 2023, the survival rate for cardiac arrest was 68%.
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Why does our system work so well?
Achieve high survival rates because of the unique configuration of our
system. It includes the following key components:
•Regional system based on partnerships.
•Uses a tiered response model founded on medicine and science.
•Equity-driven and committed to providing high-quality care.
•Uses innovative strategies to obtain superior medical outcomes and
continually improve.
•Funded by an EMS levy which has proven to be reliable and stable.
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Ventricular Fibrillation Survival
25%
50%
75%
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King County
National Sample
2005 2010 2015 2020 2024
Pandemic Resuscitation Challenges2.3 Million
2023 Population:
+18%2010-20
Source: Decennial Census
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Increasing Diversity
27%35%
46%
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
2000 2010 2020
BIPOC
100% of net population growth 2010-20
was in Communities of Color,
particularly Asian, Hispanic, and
Multiracial communities
White
15%20%
25%
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
2000 2010 2022
US
Born
King County Residents born outside
the US increased 48% 2010-22
Foreign
Born
Source: Decennial Census, ACS 2018-22
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Source: ACS 2015-
19
Over 574,000
King County residents speak a
language other than English at
home
11% Linguistically isolated
28%of people
over 5
Multilingual
Population
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Creating the next Strategic Plan
•Identify our programmatic needs.
•Develop our financial plan.
•Provide sufficient reserves.
•Recommend levy length, rate and ballot timing.
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2020 -2025 Medic One/EMS levy facts
6-year levy
Starting rate of 26.5 cents/$1,000 AV
Generate $1.115 billion over 6 years (Seattle/King County split)
KC programs funded by levy ($664.2m):
Advanced Life Support (ALS) - paramedic services
Basic Life Support (BLS) - FF/EMT services
Regional Services - core programs that support direct services
Strategic Initiatives - pilot projects
Reserves - unanticipated expenses
Cost to the homeowner (2020): $159*
* $600,000 King County median residence value in 2020 per King County Assessor.
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EMS
Advisory
Task Force
Governing body: 20 elected officials and
decision-makers
Representatives:
Cities with 50,000+ in population (11)
Sound Cities Assn (3)
Fire Commissioners (3)
King County Council (2)
Chaired by KC Executive Office (1)
Four Subcommittees (chaired by a TF member):
ALS, BLS, Regional Services, and Finance
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KEY TASK FORCE
RECOMMENDATIONS
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ALS Subcommittee
Recommendations
1. CONTINUE using the ALS allocation to determine ALS costs. Inflate annually using CPI-W +1%, and appropriate vehicle inflator.
2. INCLUDE a “place holder” in the Financial Plan to potentially fund a 12-hour unit in the 3rd (2028) and 5th (2030) years of the levy.
3. CONTINUE using reserves and contingencies to cover costs that fall outside the allocation.AG
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BLS Subcommittee
Recommendations
1. INCREASE total BLS funding by $5 million in the first year of the levy:
•a. $3 million to BLS Basic Allocation.
•b. $2 million to Mobile Integrated Healthcare (MIH).
2. INFLATE funding annually at CPI-W + 1%.
3. DISTRIBUTE NEW BLS funding and annual increases using a more equitable distribution methodology of 60% call volume/40% AV.
4. SUPPORT mental wellness and equity and inclusion efforts proposed by the King County Fire Chiefs Association. AG
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Regional Services/
Strategic Initiatives
Subcommittee
Recommendations
1. CONTINUE delivering programs that provide essential support to the system.
2. ENHANCE programs to meet regional needs, including - expanding Initial EMT Training - renewing the Telephone Referral Program.
3. MAINTAIN AND DEVELOP Strategic Initiatives that leverage previous investments made by the region to improve patient care and outcomes: - Continue ECHO (Community-based partnerships) - Continue PRIME (Data systems improvements) - New: Emergency Medical Dispatch (technical improvements)
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KC EMS Programs
DISTRIBUTION BY PROGRAM – KC EMS Fund
Advanced Life
Support (ALS)
56%
Basic Life
Support (BLS)
30%
Regional
Services
13%
Strategic
Initiatives
1%
Program $s in millions
ALS $511.8
BLS $273.9
Reg’l Svcs $124.9
SI $8.5
TOTAL $919.1
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Renton Regional Fire Authority Funding
Renton RFA received the following BLS funding:
In 2025:
•$2.75 million total
•($448K for Mobile Integrated Health)
Estimated in 2026:
•$3.37 million total
•($648K for Mobile Integrated Health)
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Finance
Subcommittee
Recommendations
1. CONDUCT a risk analysis to determine appropriate reserve funding to help safeguard the Medic One/EMS system from unforeseen financial risk.
2. INCORPORATE sufficient reserves and contingencies to mitigate financial risk and provide flexibility.
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MAIN DRIVERS – REVENUES
•Beginning Assessed Valuation (AV) determine starting level
of new levy
•New Construction levels
•Split between Seattle and King County (based on AV)
•Amount of reserves to carry forward from 2020-2025 levy
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MAIN DRIVERS – Expenditures & Reserves
•Number of ALS units and cost per unit
•Cost escalators (inflators)
•Adds of new or enhanced services and funding
•Reserves and Contingencies
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Risk Analysis / What-If Scenarios
King County Impact for 25.0 cent levy
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Financial Summary Total
(in millions)
Total Expenditures $1,438.0
Reserves (Programmatic & Rainy Day)$67.7
TOTAL Expenditures & Reserves $1,505.7
2026-2031 Property Tax Forecast (25 cent levy rate)$1,470.8
Other Revenues (KC EMS Fund)$17.5
Carryforward from 2020-2025 $64.4
TOTAL Available Revenues $1,552.7
Funds available for KC Supplemental/Economic Reserves $47.0
Recommended 2026-2031 EMS LevyFinancial Summary
Risk Analysis Range: Least = -$31.8 Million Worst = -$76.9 Million
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FINANCIAL PLAN Seattle KC EMS Total
Property Taxes $518.9 $951.9 $1,470.8
Other Revenues (KC EMS Fund)$17.5 $17.5
Carryforward from 2020-2025 $64.4 $64.4
TOTAL Revenue $518.9 $1,033.8 $1,552.7
Total Expenditures $518.9 $919.1 $1,438.0
Reserves $67.7 $67.7
TOTAL Expenditures with Reserves $518.9 $986.8 $1,505.7
KC Supplemental/Economic Reserves $47.0 $47.0
Recommended 2026-2031 EMS Levy
Risk Analysis Range: Least = -$31.8 Million Worst = -$76.9 Million
(in millions)
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Finance
Subcommittee
Recommendations
1. CONDUCT a risk analysis to determine appropriate reserve funding to help safeguard the Medic One/EMS system from unforeseen financial risk.
2. INCORPORATE sufficient reserves and contingencies to mitigate financial risk and provide flexibility.
3. SUPPORT forwarding a Financial Plan,with expenditures and reserves projected at $1.5 billion over the six-year span, and a 25-cent levy rate. AG
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Summary:
Supported subcommittee programmatic
recommendations
Levy Rate: 25.0 cents
Annual cost to the homeowner: $212 (average $850,000 home)
Length: 6 years (2026-2031)
Ballot Timing: General Election in Nov 2025
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QUESTIONS?
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Mayor’s Office
Memorandum
DATE: February 19, 2025
TO: James Alberson, Jr., Council President
Members of the Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• The City of Renton, Renton Police Department, and the Renton School District
are partnering to sponsor the Steered Straight Program on February 27-28 at
Renton, Hazen, Lindbergh, and Talley high schools as a regular assembly for
students. There will also be a no-cost, no-registration required
Parent/Community Academy presentation by Steered Straight on Friday evening
February 28 from 6-7:30 p.m. at the Lindbergh High School auditorium. We
hope to see a large turnout at this no-cost event!
The Steered Straight training is presented by speaker, Michael DeLeon who has
presented to 11,500 schools in all 50 states. The program provides a “message
to youth on the extreme dangers of drugs, gang involvement, and associated
criminal activity.” DeLeon’s message connects with youth and young adults
with a message of reality about life-choices and the importance of
consequential thinking, so they understand that there are consequences to their
actions. During the parent/community academy, the presentation will provide
education and awareness about the potential exposures to young people (such
as vaping, alcohol, marijuana, fentanyl) and how parents, guardians, family, or
friends can help support good life choices for their loved ones. More
information can be found at www.steeredstraight.org.
• The Renton Police Department is now accepting applications for the Spring
Community Police Academy. The Academy is hosted Wednesday evenings at
City Hall between April 16-June 4 from 6-8:30 p.m. Deadline to submit your
application is Monday, March 3. Visit www.Rentonwa.gov/CPA for more
information and to submit your application.
• Join Mayor Armondo Pavone for the City of Renton’s 2025 State of the City
Address, Wednesday, March 26, at 6:30 p.m. The event will take place at the
Hyatt Regency Lake Washington at Seattle's Southport, located at 1053 Lake
Washington Boulevard North. Doors will open at 5:30 p.m., and light
refreshments will be served.
AGENDA ITEM #4. a)
James Alberson, Jr., Council President
Members of the Renton City Council
Page 2 of 2
February 19, 2025
This is a chance to hear firsthand about the city's progress and get a look ahead
to our exciting future. Don't miss this opportunity to engage with local officials
and fellow community members and learn about what's in store for Renton in
the coming year. Please RSVP at rentonwa.gov/sotc.
• Information about preventative street maintenance, traffic impact projects, and
road closures happening this week can be found at http://rentonwa.gov/traffic.
All projects are weather permitting and unless otherwise noted, streets will
always remain open.
Monday, February 24 through Friday, February 28, 8:00am-3:00pm. Intermittent
lane closure on Rainier Ave N between Airport Way and S 3rd St for construction work.
Approved traffic control plans were issued for all work and will be followed.
Questions may be directed to Joe Nerlfi, 425-757-9657.
Monday, February 24 through Friday, February 28, 8:00am-3:00pm. Intermittent
lane closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for
construction work. Approved traffic control plans were issued for all work and will be
followed. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, February 24 through Friday, February 28, 8:00am-3:00pm. Shifting lane
closures both east and west on NE Sunset Blvd between Redmond Pl NE to Union
Ave NE for utility installation and frontage improvements. Approved traffic control
plans were issued for all work and will be followed. Questions may be directed to
Brad Stocco, 425-282-2373.
Monday, February 24 through Friday, February 28, 8:00am-3:00pm. Intermittent
lane closure on Wells Ave S north of S 2nd St for construction work. Approved traffic
control plans were issued for all work and will be followed. Questions may be
directed to Casey Grant, 206-532-4380.
Monday, February 24 through Friday, February 28, 8:00am-3:00pm. Williams Ave
S closed between S 2nd St and S Tobin St for construction work. Approved traffic
control plans were issued for all work, including a detour and flaggers. Questions
may be directed to Rob Blackburn, 206-379-1489.
On-going Street Closure January 21 through May 22, 2025 (City of Renton
Resolution No. 4545). FULL STREET CLOSURE on Houser Way N between Lake
Washington Blvd N and Lowe’s Business Access Road in support of WSDOT I-405
Renton to Bellevue Widening and Express Toll Lane project. Approved traffic control
plans were issued for all work and will be followed. Questions may be directed to
Justin Johnson, 425-902-7102.
AGENDA ITEM #4. a)
APRIL 16–JUNE 4, 2025
Wednesday Evenings 6-8:30
Apply at RENTONWA.GOV/CPA
Classes held at:
Renton City Hall
1055 S Grady Way
Join us for an in-depth,
behind-the-scenes look at
how the Renton Police
Department operates in our
8-week Community Police
Academy.
CLASS TOPICS
Patrol Operations
Use of Force
Defensive Tactics
Investigations
Violent Crimes Unit
SWAT
911 Dispatch
And More...
Ride Along
Firearms Training Simulations
Mock Scenes
Drones
K-9 Demo
Graduation Ceremony
GREAT
EXPERIENCES!
QUESTIONS? Contact Stephanie Hynes at shynes@rentonwa.gov or 425-430-7519.
AGENDA ITEM #4. a)
2025 RENTON
WITH MAYOR ARMONDO PAVONE
WEDNESDAY
MARCH 26
RECEPTION 5:30PM
PRESENTATION 6:30PM
Hyatt Regency Lake Washington
at Seattle’s Southport
RENTONWA.GOV/SOTC
Reserve Your Seat
AGENDA ITEM #4. a)
February 10, 2025 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, February 10, 2025
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Council President Alberson called the meeting of the Renton City Council to order at 7:00 PM
and led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
James Alberson, Jr., Council President
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Kristi Rowland, Deputy Chief Administrative Officer
Patrice Kent, Senior Assistant City Attorney
Jason Seth, City Clerk
Young Yoon, IT Director
Deb Needham, Emergency Management Director
Brianne Bannwarth, Development Engineering Director
Commander Steve Morris, Police Department
Attended Remotely:
Judith Subia, Chief of Staff
Kari Roller, Finance Administrator
Martin Pastucha, Public Works Administrator
Kim Gilman, Interim Human Resources / Risk Management Administrator
Ron Straka, Public Works Utility Systems Director
AGENDA ITEM #6. a)
February 10, 2025 REGULAR COUNCIL MEETING MINUTES
ADMINISTRATIVE REPORT
Deputy CAO Kristi Rowland reviewed an administrative report summarizing the city's recent
progress towards goals and work programs adopted as part of its business plan for 2025 and
beyond. Items noted were:
• Join us at the Be My Valentine Disco Dance hosted at the Don Persson Renton Senior
Activity Center, Thursday, February 13, from 5:30-7:30 p.m. Enjoy light refreshments
while our DJ spins your favorite Valentine classics. Admission is $5.00 per person.
Space is limited and we encourage you to register in advance to reserve your ticket.
Pre-registration may be done by visiting the Community Events tab at
rentonwa.gov/register or by calling 425-430-6633.
• Information about preventative street maintenance, traffic impact projects, and road
closures happening this week can be found at http://rentonwa.gov/traffic.
AUDIENCE COMMENTS
• John Houston, Renton, spoke about the issues surrounding the Renton School
District's use of eminent domain to take his family home back in the 1960s.
• Sheryl Friez, Renton, spoke about the Logan 6 development in the North Renton
neighborhood and urged Council to do more to engage residents about the issues
they have with this project.
• Merilyn Millikan, Renton, also spoke about the Logan 6 development and urged
Council to engage the community more about this project.
• Gabriel Jones, Renton, spoke about changes at the federal level of government he
believes are harmful to trans persons and the LGBTQIA+ community.
• Matt Hanbey, Renton, spoke about the lack of engagement surrounding the Logan 6
development. He also noted that the issues like traffic impacts and public safety are
not just related to that one project.
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 February 3, 2025. Council Concur.
b) AB - 3746 City Clerk submitted the quarterly list of fully executed contracts & leases between
10/1/2024 - 12/31/2024, and a report of agreements expiring between 1/1/2025– 6/30/2025.
None; Information Only.
c) AB - 3748 Executive Services Department submitted the City of Renton Disaster Recovery
Framework plan for review for future adoption. Refer to Committee of the Whole.
d) AB - 3747 Public Works Transportation Systems Division recommended execution of an
agreement with the Transportation Improvement Board (TIB) to accept $303,890 in grant
funds for the 116th Ave SE Sidewalk project (TIP #2405.1). Refer to Finance Committee.
MOVED BY PÉREZ, SECONDED BY PRINCE, COUNCIL ADOPT THE CONSENT
AGENDA AS PUBLISHED CARRIED.
AGENDA ITEM #6. a)
February 10, 2025 REGULAR COUNCIL MEETING MINUTES
UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics marked
with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if
further review is necessary.
a) Finance Committee: Chair Pérez presented a report recommending approval of the following
payments:
1. Accounts Payable – total payment of $18,266,557.91 for vouchers 10946-10947, 422293-
422336, 422346-422522, 422524-422684; payroll benefit withholding vouchers 7602-
7605, 7609-7615, 422338-422345 and 3 wire transfers.
2. Payroll – total payment of $1,964,687.01 for payroll vouchers that include 677 direct
deposits and 9 checks. (1/1/25-1/15/25 pay period).
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to approve the adjustment to customer account 004882-000 in the amount of
$2,170.17 for excess consumption caused by a qualified water line leak in accordance with RMC
8-4-46 and 8-5-23.
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to approve the adjustment to customer account 022765-000 in the amount of
$2,889.62 for excess consumption caused by a qualified water line leak in accordance with RMC
8-4-46 and 8-5-23.
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to approve the staff recommendation to authorize the Mayor and City Clerk to
execute Supplement No. 3 to CAG-22-381 with KPG Psomas, Inc. for $212,131 for Construction
Engineering Services and approve a budget adjustment for $400,000 on the Rainier Ave S
Corridor Improvements - Phase 4 project. The Committee further recommended that a $400,000
budget adjustment from Fund 305 be made to cover the supplement and additional construction
services.
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to authorize the Mayor and City Clerk to sign the State and Local Cybersecurity
Grant Program contract E25-279, grantee Washington State Military Department, to accept
$30,000 in grant funds to support email security enhancements. The Committee further
recommends that a budget adjustment be made to account for the grant funds.
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
February 10, 2025 REGULAR COUNCIL MEETING MINUTES
f) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff
recommendation to approve the conversion of the vacant Civil Engineer 2 position in the
Development Engineering Division to a Civil Engineer 3 position and authorize the hire of the
preferred candidate for the position at a salary up to Step E of the Salary table (depending on the
qualification of the applicant), with a start date of February 17, 2025, or later.
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
a) Planning & Development Committee: Chair Prince presented a report recommending
concurrence in the staff and Planning Commission recommendation to adopt the 2025 Title IV
Docket items. The Planning and Development Committee further recommends that ordinances
for the items listed below be prepared and presented for first reading when they are complete.
1. Co-Living
2. Planned Urban Development Regulations - Private Open Space
3. Rezones to Residential Multi Family 2 (RMF--2) and Commercial Neighborhood (CN)
4. Corner Stores and Neighborhood Retails
5. Code Interpretations
6. Comprehensive Plan 2025 Amendments
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Planning & Development Committee: Chair Prince presented a report recommending
concurrence with the staff and Planning Commission recommendation to streamline the land use
appeals process by removing the City Council from hearing appeals of land use decisions. The
Committee further recommends that Section 6.1.3 of Policy & Procedure 800-07 be waived and
that the related ordinance be presented for first and second and final reading and adopted at
tonight’s Council meeting.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Ordinance for first reading and advancement to second and final reading:
a) Ordinance No. 6157: An ordinance of the City of Renton, Washington, streamlining land use
appeals by removing City Council closed record appeal hearings from the review process and
clarifying references to the appeal process by amending Subsections 4-3-010.F.2.e, 4-7-230.P,
4-8-070.H.1, 4-8-070.I, 4-8-080.G, 4-8-110.C, 4-8-110.E.4 and 4-9-240.K.3.p of the Renton
Municipal Code and repealing 4-8-110.F of the Renton Municipal Code; authorizing
corrections, providing for severability; and establishing an effective date.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADVANCE THE ORDINANCE
FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED.
Following a second reading of the ordinance, it was
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
AGENDA ITEM #6. a)
February 10, 2025 REGULAR COUNCIL MEETING MINUTES
NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.)
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:36 PM
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
10 Feb 2025
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
February 10, 2025
February 17, 2025
Monday
Presidents Day Holiday – No Meetings
February 24, 2025
Monday
2:15 p.m. Public Safety Committee, Chair Rivera
Location: Council Conference Room/Videoconference
1. 6th and Park Building Update
2. Recruitment Update
3. RRFA Briefing
4. Emerging Issues in Public Safety
3:15 p.m. Community Services Committee, Chair O’Halloran
Location: Council Conference Room/Videoconference
1. Urban Forestry Update
2. Emerging Issues in Parks & Recreation
4:15 p.m. Finance Committee, Chair Perez
Location: Council Conference Room/Videoconference
1. Transportation Improvement Board (TIB) Grant Acceptance for the
116th Ave SE Sidewalk Project
2. Vouchers
3. Emerging Issues in Finance
5:00 p.m. Planning & Development Committee, Chair Prince
Location: Council Conference Room/Videoconference
1. HB 1042: Use of Existing Buildings for Residential Purposes
2. Economic Development Update on Downtown Renton Projects
3. Emerging Issues in CED
6:00 p.m. Committee of the Whole, Chair Alberson
Location: Conferencing Center
1. Disaster Recovery Framework
7:00 p.m. Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #6. a)
AB - 3756
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Limited Term City Hall Customer Service Position Conversion
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Executive Services Department
STAFF CONTACT: Ryan Spencer, Organizational Development Manager
EXT.: 6948
FISCAL IMPACT SUMMARY:
$121,579
The position is funded through August 31, 2025. The funds required to implement this position conversion
through December 31, 2026, are outlined below. The budget required would be included in the next quarterly
budget adjustment and added to the Organizational Development and Performance program from the
General Fund.
Note: The following salaries include pay and benefits.
2025 (through August) N/A (already budgeted)
2025 (September-December) $24,375
2026 (January-December) $97,204
Total: $121,579
SUMMARY OF ACTION:
The Organizational Development and Performance Division, as part of the Executive Services Department, is
recommending approval to convert the limited term Secretary 2 at salary grade a07 to a full-time equivalent (FTE)
Secretary 2 position. This conversion will assistall departmentsin fulfillment of providing high-quality service and
positive customer experiences in alignment with the Business Plan while allowing additional time to properly plan and
execute our future customer service delivery model here at Renton City Hall.This position will be invaluable in the
development and future operations of the customer service center.
BACKGROUND SUMMARY:
In July 2022, Executive Services Department contracted with AppleOne Employment Agency to provide a temporary
employee for the lobby of Renton City Hall. The purpose of the position was to collect data from visitors to city hall to
inform the direction of the lobby remodel and development of a comprehensive customer service center.
AGENDA ITEM #6. b)
On May 15, 2023, Council approved a two-year limited term Secretary 2 position (grade a07) to perform these data
collection tasks, produce and provide reports to city leadership on the findings, and perform other basic customer service
and clerical/administrative tasks.
As initial phases of the remodel have transpired, along with business model and procedural modifications to improve
customer service delivery, this position has assumed greater administrative responsibility and workload. Essential duties
performed now include administration of multiple general phone lines and email accounts, managing package deliveries,
responding to and providing general oversight of Renton Responds requests, Community and Economic Development
customer triage and queuing, logistical support for Organizational Development trainings, general administrative duties
for the Executive Services Department, and ensuring the lobby is a welcoming, efficient, and productive space for our
customers to seek and/or conduct city business or services by evaluating processes and recommending improvements.
We recommend this conversion as:
(1) The design, development, and deployment of the remodel will not be completed before the current limited term
expiration date of August 31, 2025.
(2) The procedural modifications and additional duties performed to better serve our community members require a
skilled and knowledgeable city employee to administer (the same level of service could not be accomplished by a
temporary employee through an outside agency).
(3) A conversion would allow for the continued analysis and development of the customer service model that will be
established, to parallel the physical remodel, with this position providing the optimal first-hand knowledge and experience
to best inform the physical, logistical, and operational decisions to be made.
(4) Upon future completion of the customer service center, a dedicated customer service representative in the lobby will
still be required to achieve the city objectives of meeting service demands, providing high-quality customer service,
retaining a skilled workforce, and prioritizing continuous improvement when it comes to service delivery programs and
processes.
EXHIBITS:
A. Issue Paper
STAFF RECOMMENDATION:
Staff recommends approval to convert the Limited Term Secretary 2 position to a full-time equivalent (FTE) Secretary 2
position.
AGENDA ITEM #6. b)
DATE:January 28, 2025
TO:James Alberson, Jr., Council President
Members of Renton City Council
CC:Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
FROM:Kristi Rowland, Deputy Chief Administrative Officer
STAFF CONTACT:Ryan Spencer, Organizational Development Manager
SUBJECT:Limited Term City Hall Customer Service Position
Conversion
ISSUE:
Should the Organizational Development and Performance Division of the Executive Services
Department convert the Limited Term Secretary 2 position, responsible for administering
customer service programs and services that support all departments from the lobby of Renton
City Hall to a full-time equivalent (FTE) Secretary 2 position (a07).
RECOMMENDATION:
Staff recommends approval to convert the Limited Term Secretary 2 position to a full-time
equivalent (FTE) Secretary 2 position.
• Convert Limited Term Secretary 2, currently set to expire August 31, 2025, to a full-time
equivalent position, providing the knowledge and skills necessary to perform the current
essential duties and assist in future phases of designing, developing, and deploying a
comprehensive customer service center in the lobby of city hall.
BACKGROUND SUMMARY:
In July 2022, Executive Services Department contracted with AppleOne Employment Agency to
provide a temporary employee for the lobby of Renton City Hall. The purpose of the position
was to collect data from visitors to city hall to inform the direction of the lobby remodel and
development of a comprehensive customer service center.
On May 15, 2023, Council approved a two-year limited term Secretary 2 position (grade a07) to
perform these data collection tasks, produce and provide reports to city leadership on the
findings, and perform other basic customer service and clerical/administrative tasks.
As initial phases of the remodel have transpired, along with business model and procedural
modifications to improve customer service delivery, this position has assumed greater
AGENDA ITEM #6. b)
Addressee Name
Page 2 of 3
February 19, 2025
administrative responsibility and workload. Essential duties performed now include
administration of multiple general phone lines and email accounts, managing package
deliveries, responding to and providing general oversight of Renton Responds requests,
Community and Economic Development customer triage and queuing, logistical support for
Organizational Development trainings, general administrative duties for the Executive Services
Department, and ensuring the lobby is a welcoming, efficient, and productive space for our
customers to seek and/or conduct city business or services by evaluating processes and
recommending improvements.
We recommend this conversion as:
(1) The design, development, and deployment of the remodel will not be completed before the
current limited term expiration date of August 31, 2025.
(2) The procedural modifications and additional duties performed to better serve our community
members require a skilled and knowledgeable city employee to administer (the same level of
service could not be accomplished by a temporary employee through an outside agency).
(3) A conversion would allow for the continued analysis and development of the customer
service model that will be established, to parallel the physical remodel, with this position
providing the optimal first-hand knowledge and experience to best inform the physical, logistical,
and operational decisions to be made.
(4) Upon future completion of the customer service center, a dedicated customer service
representative in the lobby will still be required to achieve the city objectives of meeting service
demands, providing high-quality customer service, retaining a skilled workforce, and prioritizing
continuous improvement when it comes to service delivery programs and processes.
FISCAL IMPACT:
The position is funded through August 31, 2025. The funds required to implement this position
conversion through December 31, 2026, are outlined below.
The budget required would be included in the next quarterly budget adjustment and added to
the Organizational Development and Performance program from the General Fund.
Note: The following salaries include pay and benefits.
Position Salary Grade Time Period Fiscal Impact
Secretary 2 a07 2025 (through August)N/A (already budgeted)
a07 2025 (September-
December)
$24,375
a07 2026 (January-December)$97,204
Total:$121,579
The Organizational Development and Performance Division, as part of the Executive Services
Department, is recommending approval to convert the limited term Secretary 2 at salary grade
a07 to a full-time equivalent (FTE) Secretary 2 position. This conversion will assist all
departments in fulfillment of providing high-quality service and positive customer experiences in
alignment with the Business Plan while allowing additional time to properly plan and execute our
AGENDA ITEM #6. b)
Addressee Name
Page 3 of 3
February 19, 2025
future customer service delivery model here at Renton City Hall. This position will be invaluable
in the development and future operations of the customer service center.
AGENDA ITEM #6. b)
AB - 3766
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Appointment of David Topaz as Administrator of the Human
Resources & Risk Management Department
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management Department
STAFF CONTACT: Kim Gilman, Interim HRRM Administrator
EXT.: 7655
FISCAL IMPACT SUMMARY:
The HRRM Administrator position is included in the 2025 budget at Step E, therefore there is no additional
cost to the City.
SUMMARY OF ACTION:
The candidate selected, David Topaz, is highly qualified with over 25 years combined experience in public
sector operations, labor relations, and HR. As a labor consultant/negotiator, he has bargained union contracts
on behalf of both labor unions and employers in Washington, Nevada and California. His most recent
experience is as the Vice President over Employee Development and Engagement for the Sacramento Regional
Transit District, where he has served since 2020 and currently supervises a team of 23. Prior to that time, he
worked as a Labor Negotiator for both King County and the City of Tacoma.
Under RMC 1-4-3, this position is subject to confirmation by a majority of the members of Renton City Council.
EXHIBITS:
n/a
STAFF RECOMMENDATION:
Confirm the appointment of David Topaz as Administrator of the Human Resources & Risk Management
Department, effective March 24, 2025, at salary grade m49, step E.
AGENDA ITEM #6. c)
AB - 3758
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Grant Funding from the Administrative Office of the Courts for
Supplemental Community Court Funds
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Municipal Court
STAFF CONTACT: Yanna Filippidis, Judicial Administrative Officer
EXT.: 6531
FISCAL IMPACT SUMMARY:
This is a request to approve additional grant funding in the amount of $11,000 as part of the Interagency
Agreement IAA25085 between the Administrative Office of the Courts (AOC) and Municipal Court. Funding is
to cover anticipated personnel shortfall based on the Court's spending/needs in recovery supports.
Authorization is requested for additional budget appropriations in the amount of $11,000 offset by additional
revenues of the same amount and will be included in the Q1 2025 budget adjustment.
SUMMARY OF ACTION:
In August 2024, the Court entered into an interagency agreement with AOC (IAA25085) in the amount of
$260,865.60 to provide reimbursements to assist the Court with costs related to Therapeutic Courts
(Community Court). Section VI. of the agreements notes that AOC may initiate revenue sharing, notifying the
Court no later than May 1, 2025. After completing a cost revenue analysts as outlined in the contract
agreement, AOC awarded the Court an additional $11,000. This additional funding is based on the Court's
spending/need in Recovery Supports. In addition, AOC authorized the moving of funds from Treatment and
Staff Equipment to Recovery Supports.
EXHIBITS:
A. Interagency Agreement - IAA25085 between AOC and RMC-Community Court for Therapeutic Courts
B. Email from AOC Awarding Funds
STAFF RECOMMENDATION:
Approve the additional $11,000 in grant funding from AOC to support Renton Municipal Court's Therapeutic
Courts/Community Court.
AGENDA ITEM #6. d)
IAA25XXX Page 1 of 6
INTERAGENCY AGREEMENT – IAA25XXX
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
X COURT
FOR THERAPEUTIC COURTS
THIS AGREEMENT (Agreement) is entered into by and between the Washington State
Administrative Office of the Courts (AOC) and Federal Way Municipal Court XXXX
Court), (individually known as “Party” and collectively known as “Parties”).
The Parties hereby enter into this Agreement whereby Court will perform certain services
for, and provide product deliveries to AOC. The Court is subject to the terms and
conditions specified in Attachment A and agrees to the following terms and conditions.
I. PURPOSE
The purpose of this Agreement is to provide reimbursements to assist Courts with costs
related to Therapeutic Court and must use funding to identify individuals before their court
with substance use disorders or other behavioral health needs and engage those
individuals with community-based therapeutic interventions within the Court’s jurisdiction
in accordance with the Court’s application, and Statement of Work (Attachment A).
II. REIMBURSEMENT
A. The awarded amount is $100,000.00 . Court will use funds as described in the
Attachment A and Attachment B.
B. General. AOC shall provide reimbursement to the Court for approved and
completed reimbursements by warrant or account transfer within 30 days of receipt
of a properly completed A-19 invoice and the completed data report as required
below.
III. PERIOD OF PERFORMANCE
Performance under this Agreement begins July 1, 2024 regardless of the date of execution,
and ends on June 30, 2025.
IV. COMPENSATION AND PAYMENT
A. AOC will reimburse the Court up to a maximum/NTE/ of $100,000.00 for payments
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
Renton Municipal Community Court
260,865.60
RENTON MUNICIPAL COMMUNITY COURT
IAA25085
IAA25085
260,865.60
AGENDA ITEM #6. d)
IAA25XXX Page 2 of 6
made by the Court during the period from July 1, 2024 to June 30, 2025 related to
the Therapeutic Court Program.
B. The Court shall submit invoices to AOC for expenditures no more frequently than
monthly, and no less frequently than quarterly. Invoices shall be submitted on state
form A-19.
C. Before payment can be processed, properly-completed A-19 invoices must be
submitted to payables@courts.wa.gov with CC to
CLJTherapeuticCourtsApplications@courts.wa.gov
D. If this agreement is terminated, the Court shall only receive payment for
performance rendered or costs incurred in accordance with the terms of this
agreement prior to the effective date of termination.
E. The Court shall maintain sufficient backup documentation of expenses under this
agreement.
F. Payments made by AOC within 30 days of receipt of a properly-completed A-19
invoice shall be deemed timely.
G. This amount includes expenses necessary or incidental to performing the items
under the Statement of Work, including, but not limited to, travel, lodging and per
diem related expenses. Court will submit an invoice after the completion and
acceptance of each deliverable listed in the Attachment A.
The awarded amount is $100,000.00 . The Court will use the funds for the following cost
categories:
Cost Category Amount
Personnel Costs
Staff Equipment & Technology
Team Training/Travel
Treatment Services
Recovery supports
Other Direct Costs
Total Amount
Up to 10% of funds can be moved from one or more spending category to another, but
any adjustments beyond 10% require the explicit written consent of AOC’s Point of
Contact, and in no case may the total amount exceed the total amount listed above.
Funds cannot be used for:
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
5,000.00
9,800.00
260,865.60
260,865.60
0.00
IAA25085
238,544.96
5,000.00
2,520.64
AGENDA ITEM #6. d)
IAA25XXX Page 3 of 6
replacing or supplementing the salary of current employees of the Court
employees must be taking on additional work or be a new employee to be eligible
for funding),
program incentives that constitute a gift or reward
items and activities outside of the cost categories listed in the Court’s contract.
V. BILLING PROCEDURES
Court will submit properly prepared Form A-19s via email to AOC Financial Services at
payables@courts.wa.gov and include a CC to
CLJTherapeuticCourtsApplications@courts.wa.gov. Invoices shall be submitted no less
frequently than quarterly during the term of the contract. Incorrect or incomplete invoices
shall be returned by AOC to Court for correction and reissuance, and may result in delays
in funding. All Invoices shall provide and itemize, at a minimum, the following:
A. Contract Number;
B. Court name, address, phone number;
C. Court Federal Tax Identification Number;
D. Description of Services to be provided;
E. Date(s) Services will be provided;
F. Total Invoice Price.
Payment will be considered timely if made by the AOC within thirty (30) calendar days of
receipt of a properly prepared invoice. Payment shall be sent to the address designated
by the Court.
The AOC may, in its sole discretion, terminate the contract or withhold payments claimed
by the Court for services rendered if the Court fails to satisfactorily comply with any term
or condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under
this contract shall be made by the AOC.
VI. REVENUE SHARING
A. AOC in its sole discretion, may initiate the revenue sharing. AOC will notify the
Court no later than May 1, 2025 that AOC intends to reallocate funding among
courts. If AOC determines the Court may not spend all monies available under the
Agreement, then AOC may reduce the Agreement amount. If AOC determines the
Court may spend more money than is available under the Agreement and for its
scope, then the AOC may increase Agreement amount.
B. If the AOC initiates the revenue sharing process, then the Court must submit a
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #6. d)
IAA25XXX Page 4 of 6
final revenue sharing A19 to payables@courts.wa.gov and copy/cc to
CLJTherapeuticCourtsApplications@courts.wa.gov between July 11, 2025 and
August 1, 2025.
VII. APPROPRIATIONS
The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the Legislature of Washington State (Legislature) for the
performance of this Agreement. If sufficient appropriations and authorization are not
made or removed by the Legislature, this Agreement will terminate immediately upon
written notice being given by the AOC to the Court. The decision as to whether
appropriations are sufficient to perform the duties under this Agreement is within the sole
discretion of AOC.
VIII. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by agreement of the parties. Such amendments are
not binding unless they are in writing and signed by personnel authorized to bind each of
the parties.
IX. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this
Agreement shall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party.
X. RECORDS, DOCUMENTS, AND REPORTS
The Court shall maintain books, records, documents and other evidence of accounting
procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this agreement. These records shall
be subject at all reasonable times to inspection, review, or audit by personnel duly
authorized by the AOC and the Office of the State Auditor, or so authorized by law, rule,
regulation, or agreement. The Court will retain all books, records, documents, and other
material relevant to this agreement for six years after settlement, and make them
available for inspection by persons authorized by this provision.
XI. RIGHT OF INSPECTION
The Court shall provide right of access to its facilities to the AOC, or any of its officers, or
to any other authorized agent or official of the state of Washington at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance
under this agreement.
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #6. d)
IAA25XXX Page 5 of 6
XII. DISPUTES
Disputes arising under this Agreement shall be resolved by a panel consisting of one
representative from the AOC, one representative from the Court, and a mutually agreed
upon third party. The dispute panel shall thereafter decide the dispute with the majority
prevailing. Neither party shall have recourse to the courts unless there is a showing of
noncompliance or waiver of this section.
XIII. TERMINATION
Either party may terminate this Agreement upon thirty (30) days written notice to the other
party. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the
effective date of termination.
XIV. GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws
of the state of Washington and any applicable federal laws. The provisions of this
Agreement must be construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and
any applicable statute or rule, the inconsistency will be resolved by giving precedence in
the following order:
A. Applicable state and federal statutes and rules;
B. This Agreement; and
C. Any other provisions of the agreement, including materials incorporated by
reference.
XV. ASSIGNMENT
The work to be provided under this Agreement, and any claim arising hereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written
consent of the other party, which consent shall not be unreasonably withheld.
XVI. WAIVER
A failure by either party to exercise its rights under this Agreement does not preclude that
party from subsequent exercise of such rights and is not a waiver of any other rights under
this Agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original Agreement.
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AGENDA ITEM #6. d)
IAA25XXX Page 6 of 6
XVII.SEVERABILITY
If any provision of this Agreement, or any provision of any document incorporated by
reference is held invalid, such invalidity does not affect the other provisions of this
Agreement which can be given effect without the invalid provision and to this end the
provisions of this Agreement are declared to be severable.
XVIII.AGREEMENT MANAGEMENT
The program managers noted below are responsible for and are the contact people for all
communications and billings regarding the performance of this Agreement:
XIX.ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement are
considered to exist or to bind any of the parties to this agreement unless otherwise stated in
this Agreement.
AGREED:
Washington State Administrative
Office of the Courts
Court
Signature Date Signature Date
Dawn Marie Rubio
Name Name
State Court Administrator
Title Title
AOC Program Manager Court Point of Contact
Leah Niccolocci
PO Box 41170
Olympia, WA 98504-1170
Leah.niccolocci@courts.wa.gov
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
kmurphy@rentonwa.gov
Interim Judicial Administrative Officer
IAA25085
Renton, WA 98057
Sierra Simmons o/b/o Judge Kara Murphy Richards
6/25/2024
Stephanie Cantu
1055 South Grady Way
6/26/2024
AGENDA ITEM #6. d)
A-1
ATTACHMENT A: STATEMENT OF WORK
The Court must use funding to identify individuals before their Therapeutic Court with
behavioral health needs outlined in their application and engage those individuals with
community-based therapeutic interventions within the Therapeutic Court’s jurisdiction in
accordance with the Court’s funding application.
I. Use of Funds (including but not limited to – refer to budget and
allowable costs for):
Personnel Costs
Staff Equipment & Technology
Team Training/Travel
Treatment Services
Recovery Supports
Other Direct Costs
II. REPORTING
The Court shall submit quarterly reports to AOC documenting the progress of their
therapeutic court program and engage in technical assistance calls with the Behavioral
Health team quarterly. These reports shall provide:
The number of program participants (therapeutic court referrals, entries, opt in
agreements, active participants, terminations and graduations) for the
corresponding quarter,
the services provided to program participants for the corresponding quarter,
challenges faced by the Court in operating their therapeutic court program during
the corresponding quarter. On the following schedule:
Reporting schedule:
Period Quarter Report Due
07/01/24-09/30/24 1 10/15/24
10/01/24-12/31/24 2 01/15/25
01/01/25-03/31/25 3 04/15/25
04/01/25-06/30/25 4 7/15/25 (final report for the year)
Failure to submit a report by the due date will adversely affect the Court’s eligibility for
future funding.
Your AOC Program Manager will provide you with the link to the reporting portal via
email prior to the quarterly report due date. Other deliverables are required if
applicable to a specific Therapeutic Court. When there is any question about
deliverables, Court should communicate with the AOC Program Contact (refer to
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AGENDA ITEM #6. d)
A-2
section XIX of the agreement) to determine which deliverables are applicable to your
Court. When using these funds, other deliverables may include the following:
Planning
Therapeutic Court staff shall complete applicable Best Practice Standards
modules on-line courses/E-learning at https://allrise.org/trainings/online-courses/
Identify Target Population (e.g. eligibility and exclusion criteria, utilize valid Risk-
Needs-Responsivity tool – RNR).
Identify Team Roles and Responsibilities (judge, prosecutor, defense,
coordinator, case manager, etc.).
Equity and Inclusion (e.g. staff training, equity monitoring, equitable treatment,
equitable incentives, and sanctions).
Implementation
Develop guidelines, policies and procedures for therapeutic court structure,
including drug testing practices, incentive and response policies, phase structure,
and handbooks.
Hold stakeholder meetings (prosecution, defense, treatment, law enforcement,
probation, etc.)
Create Memorandum of Understanding (MOU’s) with stakeholders
Scale & Sustain
Begin evaluation of data to assess successes and areas of need by completing
the Washington Therapeutic Court Evaluation and Review (WATER) on an
annual basis, according to the period of performance of this award (Refer to
section III of the agreement). Process review/evaluation (after WATER).
Employ continuous quality improvement methods to refine the model, updating
model and adopted guidelines, policies and procedures as required, and as it
relates to Best Practice standards.
Develop system to track and evaluate performance of therapeutic court
programming.
Other
Attend regular meetings with the Administrative Office of the Court Behavioral
Health Program.
Attend trainings identified and/or provided by the Behavioral Health Program.
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
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AGENDA ITEM #6. d)
A-3
ATTACHMENT B: USE OF FUNDS
FY2025 Use of Funds
Allowable Expenses
Common allowable expenses listed below.
Supporting documents are required for all
allowable expenses. See what’s required
under each spending category.
Unallowable Expenses
The list of unallowable expenses is not
exhaustive. If you are unsure whether
your expense is allowable, please
contact
CLJTherapeuticCourtsApplications@cou
rts.wa.gov for clarification before making
a purchase.
Personnel Costs
Personnel salaries and benefits for staff
while working on therapeutic court duties
or procedures
Court Staff including:
Coordinator
Case Manager
Peer Support
Prosecution
Defense
Probation
Judicial Officers
o Judges
o Pro Tem Judges
o Commissioners
Supporting documents must list staff
member name, staff member title, pay
period
Payroll Ledgers
Pay Stubs
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
Personnel Costs
Court Staff including:
Security Personnel
Supporting the salary/benefits of any
staff member not related to the
therapeutic court
Indirect Cost
Staff Equipment & Technology Staff Equipment & Technology
Furniture
o Couches
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
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AGENDA ITEM #6. d)
A-4
Includes equipment, supplies,
software, and IT maintenance for staff
that support the programComputers
Cell Phones
Printers/Fax Machines
Staff Desk equipment and supplies
o Office Chairs for Staff
o Office Desk for Staff
o Desk Phone
o Keyboard/Mouse
o Monitor(s)
o Headsets
o Computer Webcams
o Desk Organizers/Storage
o Pens/Pencils
o Paper/Notebooks
o Paper Clips/Binders/Stapler
o A/V equipment for courtroom
o Other Office supplies
o Translation Services (program
materials)
IT Maintenance and Tech Support
Software Subscriptions
Supplies for community meetings and
staff retreats
Supporting documents must list name of
vendor, purchase date, amount paid, and
method of payment
Receipts
Invoices
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
o Beds
o Armoire
o Atelier
o Chaise longue
o Chifforobe
o Dresser
o TV Stands
o Bookcases
o Accent Chairs
o Conference Table
Software
o New subscriptions for case
management software
o OCourt Subscriptions
Other Technology
o A/V equipment for conference
rooms
Team Training/Travel
Training for program staff on the use of
Risk-Needs-Responsivity (RNR)
assessments and evidence-based
treatment modalities.
Team Training/Travel
Training and travel expenses not pre-
approved by AOC staff
Staff mileage to/from work site
Purchase of vehicles
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AGENDA ITEM #6. d)
A-5
Exceptions to below list can be submitted
for preapproval to
CLJTherapeuticCourtsApplications@court
s.wa.gov
Prioritized Trainings
WSADCP trainings/conferences
All Rise trainings/conferences
Other Eligible Training Suggestions upon
approval of contract team
NADCP trainings/conferences
Center for Justice Innovation (CJI)
trainings/conferences
Travel expenses related to training
Meals (per diem rate)
Air travel – travel insurance/refundable
tickets recommended
Lodging (per diem rate) – the AOC will
not reimburse until after checkout
Transportation
o Mileage
o Car rental
o Parking
o Other Transport
Ferries
Taxis
Uber/Lyft
Bus fare
Shuttle fare
Subway/Link/Railway
fare
Tips cover transportation and must not be
over 15% of purchase total.
Supporting documents must list names
and titles of therapeutic court staff
attending, name of vendor, purchase date,
amount paid, and method of payment
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AGENDA ITEM #6. d)
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Receipts (receipts not required for
meals, the AOC reimburses at the
per diem rate)
Invoices
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
Treatment Services
Treatment services not covered by
participants’ insurance or co-insurance,
costs that are deemed unaffordable to the
participants, and compliance monitoring.
Participants are encouraged to apply for
Apple Care.
Participant Medical Insurance
Deductibles and Spend Downs
Therapeutic Services not covered by
participant insurance but
recommended by treatment or
therapeutic court staff (i.e. DV
treatment)
Lab & Toxicology Testing
Treatment Staff/Peer Support
contracted by the court
o Mental Health Services
o Peer Support Services
o SUDP
o Veteran’s Support Services
Supporting documents must list name of
vendor, purchase date, amount paid, and
method of payment
Receipts
Invoices
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
Treatment Services
Professional Licensing Fees
Services that are eligible and
covered via participants medical
insurance (i.e. Ongoing treatment
for a participant with
Medicaid/private insurance in lieu
of local BHA)
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AGENDA ITEM #6. d)
A-7
Recovery Supports
Other services for participants that are not
accessible through other local, state, or
federal programs, services meant to
ensure participants’ success in program.
Not an exhaustive list
Participant Transportation
o Bus Passes
o Uber/Lyft Rides
o Car Services
o Other Transit Services
Food & Beverages - *Participants
o Meals (*Graduation or other
pre-approved event; must
have agenda & sign in sheet,
or other approved
documentation – no more
than $20.00 per person)
o Snacks
o Water
o Non-alcoholic Beverages
no mocktails allowed)
Food & Beverages *Staff
o Meals (*Must follow your
agency policy on meal
purchases for meetings.
Agenda and sign in sheet
required.)
o Non-alcoholic Beverages
no mocktails allowed)
Cell Phones through a checkout
program
Cell Minutes
Hygiene Products
Recovery Housing- when all other
supports have been exhausted
Education
o Parenting Classes
o Financial Literacy
Recovery Supports
Gas cards
Gift Cards
Gifts
Logoed apparel
Driver Educational Courses
License reinstatement fees (i.e.
Tickets, fines, etc.)
Advertising on radio stations,
newspapers, billboards, etc.
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
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AGENDA ITEM #6. d)
A-8
Graduation supplies
Driver’s license/ID replacement fee
Supporting documents must list name of
vendor, purchase date, amount paid, and
method of payment
Receipts
Invoices
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
Other Direct Costs
Miscellaneous expenses directly related to
program delivery or participant recovery
supports. Requires pre-approval. Submit
toCLJTherapeuticCourtsApplications@cou
rts.wa.gov
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
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AGENDA ITEM #6. d)
CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open
attachments unless you know the content is safe.
From:Kara Murphy
To:Yanna Filippidis
Subject:Fwd: Renton
Date:Wednesday, February 12, 2025 12:58:20 PM
Attachments:Outlook-cid_image0.png
Outlook-cid_image0.png
Judge Kara Murphy Richards
Renton Municipal Court, Presiding Judge
1055 S Grady Way #300
Renton, Wa 98057
Office: (425) 430-6550
Cell: (206) 947-3852
From: Niccolocci, Leah <Leah.Niccolocci@courts.wa.gov>
Sent: Wednesday, February 12, 2025 12:54 PM
To: Sierra Simmons <SSimmons@Rentonwa.gov>; Stephanie S. Cantu
<SSCantu@rentonwa.gov>
Cc: Grace, TJ <TJ.Grace@courts.wa.gov>; Kara Murphy <KMurphy@Rentonwa.gov>
Subject: Renton
We did our cost revenue analysis as outlined in the contract agreement. This below is as of
01/01/2025.
No pull back of funds are recommended. We will need to move funds from Treatment to
cover -491 in Recovery Supports. AOC recommends we re-allocate $3,000 from Treatment to
Recovery Supports, and $2,000 from Staff Equipment to Recovery Supports. AOC will be
allocating Renton an additional $11,000 to cover anticipated personnel short fall.
We chose those allocations based on your spending/need in recovery supports. If you have
desire to change something or something does not appear accurate, please let me know.
Thank you
Leah Niccolocci
Court Program Analyst | Office of Court Innovation
Treasurer | AOC Inclusion Team
leah.niccolocci@courts.wa.gov
www.courts.wa.gov/tc/
(360)704-1950
AGENDA ITEM #6. d)
AGENDA ITEM #6. d)
AB - 3755
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Interagency Agreement with the Administrative Office of the Courts
for Community Court Retreat Grant Funding
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Municipal Court
STAFF CONTACT: Yanna Filippidis, Judicial Administrative Officer
EXT.: 6531
FISCAL IMPACT SUMMARY:
Grant funding in amount of $5,000 via interagency agreement between the Administrative Office of the Courts
(AOC) and Municipal Court to reimburse costs related to the planning, logistics, and facilitation of the Third
Annual Regional Community Court Retreat. Total amount to be applied towards reimbursement of event
venue space, staffing for logistics and event coordination, AV equipment, two key note speakers, travel
expenses at per diem up to $2,500, mean/refreshments at per diem, registration efforts, travel, and lodging.
Authorization is requested for additional budget appropriations in the amount of $5,000 offset by additional
revenues of the same amount and will be included in the Q1 2025 budget adjustment.
SUMMARY OF ACTION:
Renton Municipal Court is hosting the Third Annual Regional Community Court Retreat on February 19-21, 2025. This
collaborative initiative designed to strengthen inter-court partnerships includes participants from Renton, Issaquah,
Monroe, Bothell, Pierce County, Sumner, Black Diamond, and Enumclaw. The Administrative Office of the Courts (AOC)
awarded Renton Municipal Court $5,000 in grant funding to facilitate the retreat. Grant funding is to be sure for event
space, equipment, travel and lodging expenses, keynote speakers, and retreat logistics.
The Court recommends that the Council approve the Interagency Reimbursement Agreement IAA25281
between the Administrative Office of the Courts (AOC) and the Renton Municipal Court in the amount of
$5,000 in support of facilitating the Third Annual Regional Community Court Retreat.
EXHIBITS:
A. Interagency Agreement IAA25683 AOC and Renton Municipal Court
STAFF RECOMMENDATION:
Approve the Court's acceptance of the $5,000 grand funds from the Administrative Office of the Courts for the Regional
Community Court retreat.
AGENDA ITEM #6. e)
IAA25683 Page 1 of 5
INTERAGENCY AGREEMENT IAA25683
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
RENTON MUNICIPAL COURT
THIS AGREEMENT (Agreement) is entered into by and between the Washington State
Administrative Office of the Courts (AOC) and Renton Municipal Court (Court),
(individually known as “party” and collectively as “parties”).
I. PURPOSE
Bring together therapeutic courts of limited jurisdiction from Renton, Issaquah,
Monroe, Bothell, Pierce County, Sumner, Black Diamond, and Enumclaw. The
retreat is a collaborative initiative designed to strengthen inter-court partnerships,
deepen understanding of the unique challenges faced by therapeutic court programs
and participants, and foster the development of innovative strategies to address
these challenges effectively.
II. SCOPE OF WORK
The Court shall:
A. Convene and manage the Third Annual Regional Community Court Retreat on
February 19–21, 2025. Conducting breakout sessions focused on:
• Stakeholder Engagement & Advocacy for Community Courts Eligibility
Criteria
• Addressing Drug-Related Cases with a Community Court Approach
Comparing Therapeutic Court Models: Identifying Transferable Best
Practices
• Participant Engagement
• Managing Participant Accountability
• Taking Care of Ourselves: Secondary Trauma
• Time for Action!
B. Funding will be used for:
• Event Venue Space that will allow for appropriate amount of breakout
rooms to accommodate attendees
• Event staffing for logistics and event coordination
• Audio Visual Equipment
• Two Key Note Speakers and Facilitators
• Travel Expenses at WA State Per Diem up to $2,500.00
• Meal/Refreshments at WA State Per Diem
• Provide all registration efforts to manage attendee registration and check-
in
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III. PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance under this Agreement shall be
in effect from February 3, 2025, and continue through June 30, 2025, unless terminated
sooner as provided herein or extended in writing by mutual agreement between the
parties.
IV. COMPENSATION AND PAYMENT
A. The AOC will reimburse the Court a total compensation not to exceed five
thousand dollars ($5,000.00) for payments made by the Court during the period
from February 3, 2025, through June 30, 2025, related to the purpose of this
agreement. If expenses exceed $5,000 the difference will be paid for by the court.
B. The Court shall maintain sufficient backup documentation of expenses under
this agreement.
C. This amount includes expenses necessary or incidental to performing the items
under the Statement of Work, including, but not limited to, travel, lodging and
per diem related expenses. Court will submit an invoice after the completion
and acceptance of each deliverable listed in the Scope of Work.
V. BILLING PROCEDURES
Court will submit invoices properly prepared State Form A-19s via email to AOC
Financial Services at payables@courts.wa.gov. Invoices shall be submitted to AOC
for expenditures monthly or quarterly. Incorrect or incomplete invoices shall be
returned by AOC to Court for correction and reissuance and may result in delays in
funding. Payments made by AOC within 30 days of receipt of a properly completed A-
19 invoice shall be deemed timely. All Invoices shall provide and itemize, at a
minimum, the following:
A. Contract Number; IAA25683
B. Court name, address, phone number.
C. Court Federal Tax Identification Number.
D. Description of Services provided.
E. Date(s) Services provided.
F. Total Invoice Price.
The AOC may, in its sole discretion, terminate the contract or withhold payments
claimed by the Court for services rendered if the Court fails to satisfactorily comply
with any term or condition of this contract. If this agreement is terminated, the Court
shall only receive payment for performance rendered or costs incurred in accordance
with the terms of this agreement prior to the effective date of termination.
No payments in advance or in anticipation of services or supplies to be provided under
this contract shall be made by the AOC.
VI. APPROPRIATIONS
The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the Legislature of Washington State (Legislature) for the
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performance of this Agreement. If sufficient appropriations and authorization are not
made or removed by the Legislature, this Agreement will terminate immediately upon
written notice being given by the AOC to the Court. The decision as to whether
appropriations are sufficient to perform the duties under this Agreement is within the
sole discretion of AOC.
VII. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by agreement of the parties. Such amendments
are not binding unless they are in writing and signed by personnel authorized to
bind each of the parties.
VIII. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this
Agreement shall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party.
IX. RECORDS, DOCUMENTS, AND REPORTS
The Court shall maintain books, records, documents and other evidence of
accounting procedures and practices which sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this agreement.
These records shall be subject at all reasonable times to inspection, review, or audit
by personnel duly authorized by the AOC and the Office of the State Auditor, or so
authorized by law, rule, regulation, or agreement. The Court will retain all books,
records, documents, and other material relevant to this agreement for six years after
settlement, and make them available for inspection by persons authorized by this
provision.
X. RIGHT OF INSPECTION
The Court shall provide right of access to its facilities to the AOC, or any of its
officers, or to any other authorized agent or official of the state of Washington at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or
quality assurance under this Agreement.
XI. DISPUTES
Disputes arising under this Agreement shall be resolved by a panel consisting of
one representative from the AOC, one representative from the Court, and a mutually
agreed upon third party. The dispute panel shall thereafter decide the dispute with
the majority prevailing. Neither party shall have recourse to the courts unless there
is a showing of noncompliance or waiver of this section.
XII. TERMINATION
Either party may terminate this Agreement upon thirty (30) days written notice to the
other party. If this Agreement is so terminated, the parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination.
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XIII. GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the
laws of the state of Washington and any applicable federal laws. The provisions of
this Agreement must be construed to conform to those laws. In the event of an
inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency will be resolved by giving precedence in the
following order:
A. Applicable state and federal statutes and rules;
B. This Agreement; and
C. Any other provisions of the agreement, including materials
incorporated by reference.
XIV. ASSIGNMENT
The work to be provided under this Agreement, and any claim arising hereunder, is
not assignable or delegable by either party in whole or in part, without the express
prior written consent of the other party, which consent shall not be unreasonably
withheld.
XV. WAIVER
A failure by either party to exercise its rights under this Agreement does not preclude
that party from subsequent exercise of such rights and is not a waiver of any other
rights under this Agreement unless stated to be such in a writing signed by an
authorized representative of the party and attached to the original Agreement.
XVI. SEVERABILITY
If any provision of this Agreement, or any provision of any document incorporated by
reference is held invalid, such invalidity does not affect the other provisions of this
Agreement which can be given effect without the invalid provision and to this end the
provisions of this Agreement are declared to be severable.
XVII. AGREEMENT MANAGEMENT
The program managers noted below are responsible for and are the contact people for
all communications and billings regarding the performance of this Agreement:
AOC Program Manager Court Point of Contact
Leah Niccolocci
PO Box 41170
Olympia, WA 98504-1170
leah.niccoloci@courts.wa.gov
(360) 704-1950
Yanna Filippidis
1055 S. Grady Way
Renton, WA 98057
YFilippidis@rentonwa.gov
(425) 430-6550
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XVIII. ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the parties. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement
are considered to exist or to bind any of the parties to this agreement unless otherwise
stated in this Agreement.
AGREED:
Washington State Administrative
Office of the Courts
Court
Signature Date Signature Date
Kerra Lynch Yanna Filippidis
Name Name
Associate Director / Management
Services Division
Administrator
Title Title
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2/10/20252/12/2025
AGENDA ITEM #6. e)
AB - 3754
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Interlocal Agreements with City of Black Diamond for Electronic
Home Monitoring Program and Related Services
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Police Department
STAFF CONTACT: Dan Figaro, Commander
EXT.: 7506
FISCAL IMPACT SUMMARY:
Participant shall compensate City of Renton for installation and monitoring of EHM offenders will be billed to
PARTICIPANT at a rate of $36.00 ($18.00 for equipment; $18.00 for administration services) per active day, or
$252.00 minimum charge (7 days or less) per offender. Installation and Alcohol-only monitoring of offenders
using TAD (Transdermal Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active
day per offender ($18.00 for equipment; $18.00 for administration services). Installation and monitoring of
EHM offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
SUMMARY OF ACTION:
King County District Court Judges for participants will have the discretion to place misdemeanor offenders into
the EHM program as an alternative to incarceration. The participant's court will establish the terms and
conditions of electronic monitoring for each offender; and communicate those terms and conditions to Renton
EHM. Renton EHM reserves the right to monitor an offender at a higher level of monitoring than order by the
court if deemed appropriate by Renton EHM. No additional cost will be incurred by participant or offender for a
higher level of monitoring.
EXHIBITS:
A. Renton-Black Diamond ILA EHM
B. Resolution
STAFF RECOMMENDATION:
To approve the interlocal agreement with the City Black Diamond for their utilization of Renton’s electronic
home monitoring program for eligible offenders sentenced by participant’s municipal court.
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of BLACK DIAMOND for
ELECTRONIC HOME MONITORING PROGRAM and Related Services
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies
to contract with other public agencies to perform governmental activities and deliver public
services; and
WHEREAS, the City of Renton (RENTON) and the City of Black Diamond (PARTICIPANT) are
public agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance
which can monitor the location, movement and specific behavior of persons within the framework
of the criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”);
and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring
program for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to
PARTICIPANT under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the
mutual promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with
EXHIBIT A, which is attached hereto and incorporated herein. Such services may be referred to
herein as the “Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible
offenders into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 2 of 7
manage resources within the RENTON EHM program and provide services to the Renton Municipal
Court, there may be instances when offenders from participating jurisdictions other than RENTON
(such as PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program,
despite the existence of this signed AGREEMENT. RENTON is under no obligation to accept every
offender referred to the program by PARTICIPANT. RENTON reserves the right to accept or deny
offenders based on limitations of resources, offender eligibility or any other reasonable criteria, as
determined solely by RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2025 and will expire on December
31, 2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT
shall apply until either party terminates the agreement in accordance with the terms herein (See
Section II.B “Termination”). Written notice of specific intent to terminate this Agreement will not be
valid and enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT
at the rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred
by RENTON change. However, the rates charged pursuant to Exhibit A will remain in effect for no less
than two years following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate
change after the first two years, PARTICIPANT and RENTON agree to work in good faith to enact all
necessary amendments to this Agreement to reflect those necessary changes. If the Parties do not
come to an agreement as to an amendment in accordance with this provision, RENTON reserves the
right to prohibit PARTICIPANT from enrolling any new offenders into the Program. RENTON shall
submit monthly invoices for services completed during the previous month. PARTICIPANT shall
make all necessary payments to RENTON (c/o The City of Renton Finance Department) within thirty
(30) days of PARTICIPANT’S receipt of a monthly invoice.
D. ADMINISTRATOR
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender
assigned to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost
to repair or replace such equipment. Depending upon which type of equipment is damaged, lost or
stolen, and the cost to repair or replace the equipment, RENTON will make a determination of
whether the equipment will be repaired or replaced at RENTON’S sole discretion. RENTON will give
PARTICIPANT a written invoice detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or
otherwise tamper with the equipment and PARTICIPANT agrees to assume financial responsibility
for any loss or damage to the equipment during its use by the PARTICIPANT.
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 3 of 7
F. NO WARRANTIES
RENTON makes no warranties, express or implied including warranties of fitness for a
particular purpose of merchantability in connection with this AGREEMENT. RENTON is not
responsible for any injuries, damages, or losses to any person or to any property, regardless of
owner, caused by the misuse, improper activation, or improper maintenance of the equipment, or
the failure to connect to, or the inability to access user interfaces to monitoring services, the failure
to follow any instructions or abide by any polices related thereto or to monitoring services or other
services, or the failure of the same to operate as anticipated, including, without limitation, as a result
of any defects in the manufacturing or programming of the same or any failure of equipment,
monitoring and other services, or any failure of user interfaces to monitoring services to operate for
any reason, other than any such injuries, damages or losses to the extent caused by the sole
negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the
amendment shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving
sixty (60) business days written notice to the other. In the event this AGREEMENT is terminated,
PARTICIPANT shall pay RENTON the amount due for actual work and services actually performed
under the AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a
force majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike,
lockout, civil or military authority, insurrection, acts of terrorism, war, embargo, public health
emergency, power outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent,
nor are intended to prevent any offender assigned to the EHM program by PARTICIPANT from
committing any harmful or illegal acts. The Parties further acknowledge that it may be possible for
an offender to remove the equipment by unauthorized means, and that the Parties each expressly
disclaim any liability for any harmful, tortious, or illegal acts committed by such offender while
using the equipment, as well as any liability for any acts committed by an offender who removes
the equipment and subsequently engages in any harmful, tortious, or illegal acts.
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 4 of 7
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and
all claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs
and expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to
property or bodily injury, including death, to the extent caused by a Party’s breach of this
AGREEMENT or the negligent actions or omissions of that Party, or its employees, servants, agents,
or officers elected or appointed. The foregoing indemnity specifically covers actions brought by
each Party’s own employees, and each Party agrees that the foregoing provision is specifically and
expressly intended to constitute a waiver of immunity under Washington’s Industrial Insurance Act,
RCW Title 51, but only as to the Party or Parties entitled to indemnity and only to the extent
necessary to provide a full and complete indemnity as required under this section. The
indemnification obligation provided in this section shall survive the expiration or earlier termination
of this AGREEMENT for the duration of any applicable statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with
Chapter 42.56 RCW, and will be retained by the Parties for as long as may be required under the
applicable Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the
authority given to agencies under Washington state law. This AGREEMENT shall be construed
according to its fair meaning and not strictly for or against RENTON or PARTICIPANT, as if each of
RENTON and PARTICIPANT had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State
of Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved
in the venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and
their respective permitted assigns and is not intended and shall not be construed as conferring any
benefit on any third-party or the general public.
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7
J.SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner
as to be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or
prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity
or prohibition without invalidating the remainder of such provision or the remaining provisions of
this AGREEMENT.
K.HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to
limit or construe the contents of any of the sections of this AGREEMENT.
L.NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly
delivered (1) when personally delivered, or (2) on the day following mailing, postage prepaid,
certified mail, return receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g.,
Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following
addresses:
City of RENTON
To: Dan Figaro, Admin Services Commander
PARTICIPANT
To:
Address: Renton Police Department 1055 S Grady Way
Renton, WA 98057
Address:
M.ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there
are no covenants, terms or conditions, expressed or implied, other than as set forth or referred to
herein. This AGREEMENT supersedes all prior agreements between the parties hereto relating to
all or part of the subject matter herein. No party has made any representations, oral or written,
modifying or contradicting the terms of this AGREEMENT. The parties may not amend, modify or
cancel this AGREEMENT except as provided herein or by a written agreement signed by all parties
to this AGREEMENT.
N.ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this
AGREEMENT and completely understand its terms, and that they approve the same including all of
the terms and conditions.
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 6 of 7
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all
proper authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or
other charter, ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the
date and year first set forth above.
CITY OF BLACK DIAMOND CITY OF RENTON
_________________________________
Carol Benson, Mayor
Date: ____________________________
__________________________________
Armondo Pavone, Mayor
Date: ____________________________
ATTEST:
_________________________________
Brenda L. Martinez, City Clerk
APPROVED AS TO FORM:
__________________________________
City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7
EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING PROGRAM
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to
place misdemeanor offenders into the EHM program as an alternative to incarceration. The
PARTICIPANT’S Court will establish the terms and conditions of electronic monitoring for each
offender; and communicate those terms and conditions to RENTON EHM. RENTON EHM reserves
the right to monitor an offender at a higher level of monitoring than ordered by the court if deemed
appropriate by RENTON EHM. No additional cost will be incurred by PARTICIPANT or offender for a
higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of
RENTON EHM Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will
be notified when an offender begins monitoring and when the offender successfully completes
serving a EHM commitment. All fees must be paid in full (if the commitment is paid for by the
offender) before the commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made
aware that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue
to be non-compliant with the conditions of monitoring through appropriate contacts at the Court
and/or Probation Department of PARTICIPANT. RENTON shall provide technical assistance for
issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide
assistance to and to update PARTICIPANT on any changes or updates to issued equipment and
operation of the EHM program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00
($18.00 for equipment; $18.00 for administration services) per active day, or $252.00 minimum
charge (7 days or less) per offender. Installation and Alcohol-only monitoring of offenders using
TAD (Transdermal Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per
active day per offender ($18.00 for equipment; $18.00 for administration services). Installation and
monitoring of EHM offenders with court ordered alcohol monitoring will be billed at a rate of $36.00
per active day per offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM #6. f)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE
CITY OF BLACK DIAMOND FOR THE PURPOSE OF PROVIDING ELECTRONIC HOME
MONITORING SERVICES TO THE CITY OF BLACK DIAMOND.
WHEREAS, the City of Renton and the City of Black Diamond are authorized, pursuant to
RCW Chapter 39.34, the Interlocal Cooperation Act, to enter an interlocal government
cooperative agreement; and
WHEREAS, Renton operates an electronic home monitoring (EHM) program for eligible
offenders; and
WHEREAS, Renton and Black Diamond desire to enter into an interlocal agreement that
sets forth the terms and conditions of Black Diamond’s use of Renton’s EHM services;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with the City of Black Diamond entitled Interlocal Agreement Between the City of
Renton and the City of Black Diamond for Electronic Home Monitoring Program and Related
Services, attached hereto as Exhibit “A” and incorporated by this reference.
PASSED BY THE CITY COUNCIL the day of , 2025.
Jason A. Seth, City Clerk
AGENDA ITEM #6. f)
RESOLUTION NO. _______
2
APPROVED BY THE MAYOR this day of , 2025.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- RPD:25RES006:02/20/2025
AGENDA ITEM #6. f)
RESOLUTION NO. _______
3
EXHIBIT “A”
Interlocal Agreement Between the City of Renton and the City
of Black Diamond for Electronic Home Monitoring Program
and Related Services
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of BLACK DIAMOND for
ELECTRONIC HOME MONITORING PROGRAM and Related Services
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies
to contract with other public agencies to perform governmental activities and deliver public
services; and
WHEREAS, the City of Renton (RENTON) and the City of Black Diamond (PARTICIPANT) are
public agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance
which can monitor the location, movement and specific behavior of persons within the framework
of the criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”);
and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring
program for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to
PARTICIPANT under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the
mutual promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with
EXHIBIT A, which is attached hereto and incorporated herein. Such services may be referred to
herein as the “Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible
offenders into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 2 of 7
manage resources within the RENTON EHM program and provide services to the Renton Municipal
Court, there may be instances when offenders from participating jurisdictions other than RENTON
(such as PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program,
despite the existence of this signed AGREEMENT. RENTON is under no obligation to accept every
offender referred to the program by PARTICIPANT. RENTON reserves the right to accept or deny
offenders based on limitations of resources, offender eligibility or any other reasonable criteria, as
determined solely by RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2025 and will expire on December
31, 2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT
shall apply until either party terminates the agreement in accordance with the terms herein (See
Section II.B “Termination”). Written notice of specific intent to terminate this Agreement will not be
valid and enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT
at the rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred
by RENTON change. However, the rates charged pursuant to Exhibit A will remain in effect for no less
than two years following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate
change after the first two years, PARTICIPANT and RENTON agree to work in good faith to enact all
necessary amendments to this Agreement to reflect those necessary changes. If the Parties do not
come to an agreement as to an amendment in accordance with this provision, RENTON reserves the
right to prohibit PARTICIPANT from enrolling any new offenders into the Program. RENTON shall
submit monthly invoices for services completed during the previous month. PARTICIPANT shall
make all necessary payments to RENTON (c/o The City of Renton Finance Department) within thirty
(30) days of PARTICIPANT’S receipt of a monthly invoice.
D. ADMINISTRATOR
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender
assigned to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost
to repair or replace such equipment. Depending upon which type of equipment is damaged, lost or
stolen, and the cost to repair or replace the equipment, RENTON will make a determination of
whether the equipment will be repaired or replaced at RENTON’S sole discretion. RENTON will give
PARTICIPANT a written invoice detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or
otherwise tamper with the equipment and PARTICIPANT agrees to assume financial responsibility
for any loss or damage to the equipment during its use by the PARTICIPANT.
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 3 of 7
F. NO WARRANTIES
RENTON makes no warranties, express or implied including warranties of fitness for a
particular purpose of merchantability in connection with this AGREEMENT. RENTON is not
responsible for any injuries, damages, or losses to any person or to any property, regardless of
owner, caused by the misuse, improper activation, or improper maintenance of the equipment, or
the failure to connect to, or the inability to access user interfaces to monitoring services, the failure
to follow any instructions or abide by any polices related thereto or to monitoring services or other
services, or the failure of the same to operate as anticipated, including, without limitation, as a result
of any defects in the manufacturing or programming of the same or any failure of equipment,
monitoring and other services, or any failure of user interfaces to monitoring services to operate for
any reason, other than any such injuries, damages or losses to the extent caused by the sole
negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the
amendment shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving
sixty (60) business days written notice to the other. In the event this AGREEMENT is terminated,
PARTICIPANT shall pay RENTON the amount due for actual work and services actually performed
under the AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a
force majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike,
lockout, civil or military authority, insurrection, acts of terrorism, war, embargo, public health
emergency, power outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent,
nor are intended to prevent any offender assigned to the EHM program by PARTICIPANT from
committing any harmful or illegal acts. The Parties further acknowledge that it may be possible for
an offender to remove the equipment by unauthorized means, and that the Parties each expressly
disclaim any liability for any harmful, tortious, or illegal acts committed by such offender while
using the equipment, as well as any liability for any acts committed by an offender who removes
the equipment and subsequently engages in any harmful, tortious, or illegal acts.
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 4 of 7
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and
all claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs
and expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to
property or bodily injury, including death, to the extent caused by a Party’s breach of this
AGREEMENT or the negligent actions or omissions of that Party, or its employees, servants, agents,
or officers elected or appointed. The foregoing indemnity specifically covers actions brought by
each Party’s own employees, and each Party agrees that the foregoing provision is specifically and
expressly intended to constitute a waiver of immunity under Washington’s Industrial Insurance Act,
RCW Title 51, but only as to the Party or Parties entitled to indemnity and only to the extent
necessary to provide a full and complete indemnity as required under this section. The
indemnification obligation provided in this section shall survive the expiration or earlier termination
of this AGREEMENT for the duration of any applicable statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with
Chapter 42.56 RCW, and will be retained by the Parties for as long as may be required under the
applicable Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the
authority given to agencies under Washington state law. This AGREEMENT shall be construed
according to its fair meaning and not strictly for or against RENTON or PARTICIPANT, as if each of
RENTON and PARTICIPANT had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State
of Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved
in the venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and
their respective permitted assigns and is not intended and shall not be construed as conferring any
benefit on any third-party or the general public.
AGENDA ITEM #6. f)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7
J.SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner
as to be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or
prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity
or prohibition without invalidating the remainder of such provision or the remaining provisions of
this AGREEMENT.
K.HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to
limit or construe the contents of any of the sections of this AGREEMENT.
L.NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly
delivered (1) when personally delivered, or (2) on the day following mailing, postage prepaid,
certified mail, return receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g.,
Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following
addresses:
City of RENTON
To: Dan Figaro, Admin Services Commander
PARTICIPANT
To:
Address: Renton Police Department 1055 S Grady Way
Renton, WA 98057
Address:
M.ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there
are no covenants, terms or conditions, expressed or implied, other than as set forth or referred to
herein. This AGREEMENT supersedes all prior agreements between the parties hereto relating to
all or part of the subject matter herein. No party has made any representations, oral or written,
modifying or contradicting the terms of this AGREEMENT. The parties may not amend, modify or
cancel this AGREEMENT except as provided herein or by a written agreement signed by all parties
to this AGREEMENT.
N.ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this
AGREEMENT and completely understand its terms, and that they approve the same including all of
the terms and conditions.
AGENDA ITEM #6. f)
AB - 3761
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Interagency Agreement with King County for 2025 Waste Reduction &
Recycling Grant
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Administration
STAFF CONTACT: Meara Heubach, Solid Waste Program Manager
EXT.: 7389
FISCAL IMPACT SUMMARY:
This interagency agreement provides $90,594.00 of grant funding into the 2025 Solid Waste Utility budget for
implementing waste reduction and recycling programs. This grant fully reimburses the city for expenditures
related to the agreement’s scope of work. Authorization is requested for additional budget appropriations in
the amount of $90,594 offset by additional revenues of the same amount and will be included in the Q1 2025
budget adjustment.
SUMMARY OF ACTION:
The Solid Waste Utility is eligible to receive $90,594.00 of non-matching grant funding in 2025 through the
King County Solid Waste Division’s Waste Reduction & Recycling Grant Program. Projects funded through this
grant include:
Recycling events – the city will host at least three events for residents to recycle bulky items such as
mattresses, scrap metal, and tires. At one event, the city will partner with local non-profits Furniture
Repair Bank and Seattle ReCreative to collect damaged furniture for repair and donated art supplies.
Commercial technical assistance – with the support of a consultant, the city will continue to provide
technical assistance to commercial customers to help them recycle more and separate food waste
from their garbage. Commercial customers such as restaurants will receive tailored support including
in-person staff training in multiple languages and free supplies such as bins and compostable bags. This
project will give commercial customers the knowledge and tools to comply with the state’s Organics
Management Laws, passed in 2022 and 2024, that require businesses to separate food and yard waste
from their garbage.
Bring Your Own Cup campaign – the city will partner with King County to promote the use of reusable
cups at coffee shops and drive-through coffee stands. City and county staff will visit cafes and coffee
stands to educate staff on accepting reusable cups and provide businesses with custom signs nudging
customers to use reusable cups.
General waste prevention and reduction education and outreach – this project helps support the city’s in-
house waste prevention program, Food Waste Prevention Week campaign, and general waste prevention
public education through social media and other communication channels.
EXHIBITS:
A. Interagency Agreement
STAFF RECOMMENDATION:
AGENDA ITEM #6. g)
Execute the interagency agreement with King County for the 2025 Waste Reduction & Recycling Grant
Program (GRA-25-005) to accept $90,594.00 of non-matching grant funds to implement waste reduction and
recycling programs.
AGENDA ITEM #6. g)
1
CPA # 6527281
GRA-25-005
INTERAGENCY AGREEMENT FOR THE 2025 WASTE REDUCTION & RECYCING GRANT
PROGRAM
Between
KING COUNTY and the City of Renton
This one-year Interagency Agreement “Agreement” is executed between King County, a Charter County
and political subdivision of the State of Washington, and the City of Renton a municipal corporation of
the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the
County and City will be referred to as “Party” or “Parties.”
PREAMBLE
King County and the City of Renton adopted the 2019 King County Comprehensive Solid Waste
Management Plan (Comp Plan), which includes waste reduction and recycling goals. In order to help
meet these goals, the King County Solid Waste Division has established a waste reduction and recycling
grant program for the cities that operate under the Comp Plan. This program provides funding to further
the development and/or enhancement of local waste reduction and recycling projects and for broader
resource conservation projects that integrate with waste reduction and recycling programs and services.
This grant program does not fund household hazardous waste collection activities. Program eligibility
and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as
Exhibit B and incorporated herein by reference. Grant funding for this program is subject to the budget
approval process of the King County Council.
Grant funding approved by the King County Council is available to all King County cities that operate
under the Comp Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in
the scope of work, which is attached hereto as Exhibit A and incorporated herein by reference. The
County expects that any information and/or experience gained through the grant program by the City will
be shared with the County and other King County cities.
I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the
City by the County for waste reduction and recycling programs and/or services as outlined in the scope of
work and budget attached as Exhibit A.
AGENDA ITEM #6. g)
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II. RESPONSIBILITIES OF THE PARTIES
The responsibilities of the Parties to this Agreement shall be as follows:
A. The City
1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide
waste reduction and recycling programs and/or services as outlined in Exhibit A. The total
amount of funds available from this grant in 2025 shall not exceed $90,594.00.
2. This Agreement provides for distribution of 2025 grant funds to the City. However, grant funds
are not available until January 1, 2025.
3. During this one-year grant program, the City will submit a minimum of one (1), but no more than
four (4), progress reports to the County in a form determined by the County. Reports must be
signed by a City official. These reports will include:
a. a description of each activity accomplished pertaining to the scope of work; and
b. reimbursement requests with both a Budget Summary Report Form, which is attached
hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form,
which is attached hereto as Exhibit E and incorporated herein by reference, unless the City
has a spreadsheet similar to the Expense Summary Form already in use, in which case the
City is free to use that spreadsheet instead of the Expense Summary Form. The City will
submit the form or similar spreadsheet and not submit backup documentation for grant
expenses. If backup documentation is submitted, SWD will not retain it. The City shall
maintain this documentation in its records.
If the City chooses to submit up to the maximum of four (4) progress reports and requests for
reimbursement during the one-year grant program, they shall be due to the County on the last day
of the month following the end of each quarter (April 30, July 31, October 31, January 31), except
for the final progress report and request for reimbursement, which shall be due by March 21,
2026.
If the City chooses to submit the minimum of one progress reports and requests for
reimbursement during the one-year grant program, they shall be due to the County by March 21,
2026.
Regardless of the number of progress reports the City chooses to submit, in order to secure
reimbursement, the City must provide in writing to the County by the 5th working day of January
2026, the dollar amount of outstanding expenditures for which the City has not yet submitted a
reimbursement request.
AGENDA ITEM #6. g)
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4. If the City accepts funding through this grant program for the provision of waste reduction and
recycling programs and projects for other incorporated areas of King County, the City shall
explain the relationship with the affected adjacent city or cities that allows for acceptance of this
funding and the specifics of the proposed programs and projects within the scope of work
document related thereto.
5. The City shall be responsible for following all applicable Federal, state, and local laws,
ordinances, rules, and regulations in the performance of work described herein. The City assures
that its procedures are consistent with laws relating to public contract bidding procedures, and the
County neither incurs nor assumes any responsibility for the City’s bid, award, or contracting
process.
6. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
7. During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and
local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
8. The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
9. The City shall maintain accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County, to ensure proper
accounting for all project funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and service
provided in the performance of this Agreement.
These records shall be maintained for a period of six (6) years after termination hereof unless
permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the
County and/or by federal or state officials as so authorized by law.
10. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is
purchased with grant funds from King County for a total period of three (3) years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King
County by March 31 of each year through the year 2028.
AGENDA ITEM #6. g)
4
11. The City agrees to credit King County on all printed materials provided by the County, which the
City is duplicating, for distribution. Either King County’s name and logo must appear on King
County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit
King County for artwork or text provided by the County as follows: “artwork provided courtesy
of King County Solid Waste Division” and/or “text provided courtesy of King County Solid
Waste Division.”
12. The City agrees to submit to the County copies of all written materials which it produces and/or
duplicates for local waste reduction and recycling projects which have been funded through the
waste reduction and recycling grant program. Upon request, the City agrees to provide the
County with a reproducible copy of any such written materials and authorizes the County to
duplicate and distribute any written materials so produced, provided that the County credits the
City for the materials.
13. The City will provide the King County Project Manager with the date and location of each
Recycling Collection Event provided by the City, as well as copies of any printed materials used
to publicize each event, as soon as they are available but no later than thirty (30) days prior to the
event. If there is any change in the date or the location of an event, the City will notify the
County a minimum of thirty (30) days prior to the event. If the event brochure is required for
admission to the City’s event, the City is exempt from having to provide the brochure to King
County.
14. If the City accepts funding through this grant program for the provision of recycling collection
events for adjacent areas of unincorporated King County, the City shall send announcements of
the events to all residences listed in the agreed upon areas listed in Exhibit A. The
announcements and all other printed materials related to these events shall acknowledge King
County as the funding source.
15. This project shall be administered by Meara Heubach, Solid Waste Program Manager, or
designee.
B. The County:
1. The County shall administer funding for the waste reduction and recycling grant program.
Funding is designated by the city and is subject to the King County Council’s budget approval
process. Provided that the funds are allocated through the King County Council’s budget
approval process, grant funding to the City will include a base allocation of $10,000 per year with
the balance of funds to be allocated according to the City's percentage of King County's
residential and employment population. However, if this population based allocation formula
calculation would result in a city receiving less than $10,000 per year, that city shall receive an
additional allocation that would raise their total grant funding to $10,000 per year.
AGENDA ITEM #6. g)
5
2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County
shall either notify the City of any exceptions to the request which have been identified or shall
process the request for payment. If any exceptions to the request are made, this shall be done by
written notification to the City providing the reason for such exception. The County will not
authorize payment for activities and/or expenditures which are not included in the scope of work
and budget attached as Exhibit A, unless the scope has been amended according to Section V of
this Agreement. King County retains the right to withhold all or partial payment if the City’s
report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation
of expenditures and/or adequate description of each activity described in the scope of work for
which reimbursement is being requested), and/or are not consistent with the scope of work and
budget attached as Exhibit A.
3. The County agrees to credit the City on all printed materials provided by the City to the County,
which the County duplicates, for distribution. Either the City’s name and logo will appear on
such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit
the City for artwork or text provided by the City as follows: “artwork provided courtesy of the
City of Renton and/or “text provided courtesy of the City of Renton.”
4. The County retains the right to share the written material(s) produced by the City which have
been funded through this program with other King County cities for them to duplicate and
distribute. In so doing, the County will encourage other cities to credit the City on any pieces that
were produced by the City.
5. The waste reduction and recycling grant program shall be administered by Annie DeCosta-Klipa,
Project Manager, King County Solid Waste Division, or designee.
III. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2025 or the date of execution of the
Agreement by both the County and the City, if executed after January 1, 2025, and shall terminate on
June 30, 2026. The City shall not incur any new charges after December 31, 2025. However, if
execution by either Party does not occur until after January 1, 2025, this Agreement allows for
disbursement of grant funds to the City for County-approved programs initiated between January 1, 2025
and the later execution of the Agreement provided that the City complies with the reporting requirements
of Section II.A of the Agreement.
AGENDA ITEM #6. g)
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IV. TERMINATION
A. This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section III, upon thirty (30) days advance written
notice.
B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the
termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for
termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or
failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section
II.A.4.
C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for
payment in accordance with the terms of this Agreement for services rendered prior to the effective
date of termination; and (2) the City shall be released from any obligation to provide further services
pursuant to this Agreement.
D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or
law that either Party may have in the event that the obligations, terms and conditions set forth in this
Agreement are breached by the other Party.
V. AMENDMENTS
This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of
work will only be approved if the proposed amendment is consistent with the most recently adopted King
County Comprehensive Solid Waste Management Plan. Amendments will only be approved if the
proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within
the activities described in the scope. Funds may be moved between tasks in the scope of work, attached
as Exhibit A, upon written notification by the City to King County.
VI. HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from
and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or
its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all
claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")
brought against the County arising out of or incident to the City’s execution of, performance of, or failure
to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer
of any software, book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
AGENDA ITEM #6. g)
7
VII. INSURANCE
A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum
limits of this insurance shall be $1,000,000 general liability insurance combined single limit per
occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate
limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole
responsibility of the City. Such insurance shall cover the County, its officers, officials, employees,
and agents as additional insureds against liability arising out of activities performed by or on behalf
of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured
endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies.
B. 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 written acknowledgement of self-insurance is attached
to this Agreement as Exhibit C.
C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of
the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of
current membership is attached to this Agreement as Exhibit C.
VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original Agreement.
IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
X. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
AGENDA ITEM #6. g)
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XI. NOTICE
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if
sent to the King County Solid Waste Division and the City at the addresses provided below:
Annie DeCosta-Klipa, Project Manager, or a provided designee
King County Solid Waste Division
Department of Natural Resources and Parks
adecostaklipa@kingcounty.gov
If to the City:
Meara Heubach, Solid Waste Program Manager, or a provided designee
City of Renton
1055 S Grady Way
Renton, WA 98057
IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:
City of Renton King County
BY______________________________________ BY___________________________________
Armondo Pavone, Mayor Christopher M. Stubbs, Deputy Division
Director
Solid Waste Division
______________________________________ _____________________________________
Date Date
ATTEST:
Jason A. Seth, MMC, City Clerk
Date
Approved as to Legal Form:
Cheryl Beyer, Senior Assistant City Attorney,
for Shane Moloney, City Attorney
1-23-25 (9 folder 5)
AGENDA ITEM #6. g)
Exhibit A
1 | Page
2025 Waste Reduction & Recycling Grant
Scope of Work
Applicant Information
City: Renton
Project Representative/Project Manager: Meara Heubach
Budget Overview
Task A: Recycling Collection Events $24,190
Task B: Commercial Technical Assistance $58,404
Task C: Bring Your Own Cup Campaign $2,500
Task D: General Waste Prevention and Reduction Education and Outreach $5,500
Total: $90,594
Task A: Recycling Collection Events
Task Description: Please provide an overview of your task, including target audience, key initiatives,
anticipated challenges, and strategies for addressing them. Describe how the program aligns with the
overall project goals and the expected impact on the community.
In 2025, the city will host three special collection events for recyclable materials not typically collected
through Renton’s curbside program. Residents of Renton and King County will be able to drop off select
materials at no cost (although there will be a $30 charge per mattress or box spring). Private contractors
may not drop off items. The city intends to collect art supplies, automotive tires, bubble wrap and
plastic wrap, cardboard, damaged furniture, mattresses and box springs, paper for shredding,
polystyrene peanuts and blocks, and non-perishable food. Potential challenges include long lines,
uncovered loads, bad weather, and commercial customers trying to drop off materials. To address these
issues, we will inform customers ahead of the event about which customers can attend, when the event
will close. Customers without covered loads or with loads that appear to come from a business may be
turned away.
Task Work Plan: Please include detailed information on the planned activities, timelines, responsible
parties, resources required, and expected outcomes. Ensure to outline the specific steps and strategies
that will be used to achieve the project's goals and objectives.
The events are set for May 17, June 7, and September 13. City staff will plan the events and manage
them the day of. In Q4 2024 and Q1 2025, the city will contract with collection vendors and the host site,
Renton Technical College. In Q1 2025, the project manager will work with city communications staff to
develop and distribute brochures, social media posts, and other media advertising the events. As
AGENDA ITEM #6. g)
Exhibit A
2 | Page
needed, the project manager will coordinate with the city’s litter crew to provide additional help setting
up and breaking down the events.
Task Performance Objectives: Please outline the specific performance objectives for the task, such as
measurable goals (i.e., recycling rates, participation rates, event success, materials distribution), key
performance indicators (KPIs), and the methods for tracking and evaluating progress. Additionally, this
can include items you will share with KC by the end of the grant period.
To track performance, the project manager will
• Count the number of vehicles that drop off items at each event, and
• Gather collection data from vendors to determine the tonnage, volume, and/or quantity of
materials that were donated.
Task Impact Objectives: Please describe the anticipated long-term impacts of the project, including
examples such as changes in behavior, environmental benefits, economic impact and/or community
engagement. Outline the broader goals, such as reducing overall waste, increasing recycling rates, and
fostering sustainable practices within the community.
The goals are to divert recoverable materials from Cedar Hills Regional Landfill and increase
opportunities for King County residents to recycle or donate materials not typically collected curbside.
The anticipated long-term impacts include extending the life of the regional landfill, keeping materials
with economic value in the economy, and providing quality refurbished furniture to local families in
need via a partnership with the Furniture Repair Bank.
Task Evaluation: Please outline the methods and criteria (e.g., interviews, surveys, recycling rates) that
will be used to assess the effectiveness of the task. Note that these elements should be included in your
final report.
To assess effectiveness, the project manager will
• Track the number of vehicles that drop off items at each event,
• Track the tonnage, volume, and/or quantity of materials that were donated, and
• Calculate the cost per vehicle to host these events.
AGENDA ITEM #6. g)
Exhibit A
3 | Page
Task B: Commercial Technical Assistance
Task Description: Please provide an overview of your task, including target audience, key initiatives,
anticipated challenges, and strategies for addressing them. Describe how the program aligns with the
overall project goals and the expected impact on the community.
This project will provide recycling and organic waste technical assistance to commercial customers.
Outreach will prioritize commercial customers that serve or are staffed or owned by Spanish or
Vietnamese speakers. Businesses receive customized waste prevention support from outreach staff who
provide interior waste containers, review with staff what can be composted or recycled, post
multilingual waste signage and stickers, and provide compostable bags and bag dispensers. In 2024, one
challenge was that some customers did not want to add organics collection because it was not yet
mandated by the Organics Management Law. Starting in 2025, commercial customers producing 4 or
more cubic yards of organic waste a week will need to start organics separation, so this new milestone
in the law will likely encourage more customers to accept the technical assistance offered by the city.
Task Work Plan: Please include detailed information on the planned activities, timelines, responsible
parties, resources required, and expected outcomes. Ensure to outline the specific steps and strategies
that will be used to achieve the project's goals and objectives.
The planning and mobilization phases of this project were completed in 2024, so work in 2025 will
consist of additional technical assistance that is tailored to commercial customers in Renton. The city
has contracted with Cascadia Consulting Group to conduct commercial technical assistance, and the city
intends to extend Cascadia’s contract so they can conduct additional outreach in 2025.
Task Performance Objectives: Please outline the specific performance objectives for the task, such as
measurable goals (i.e., recycling rates, participation rates, event success, materials distribution), key
performance indicators (KPIs), and the methods for tracking and evaluating progress. Additionally, this
can include items you will share with KC by the end of the grant period.
This project aims to increase the participation of commercial customers in recycling and organics
collection services and to improve the quality of the materials collected. The objectives are to
• Provide recycling and organics technical assistance to commercial customers,
• Expand commercial recycling and organics collection services, and
• Decrease contamination in commercial recycling and organics.
Task Impact Objectives: Please describe the anticipated long-term impacts of the project, including
examples such as changes in behavior, environmental benefits, economic impact and/or community
engagement. Outline the broader goals, such as reducing overall waste, increasing recycling rates, and
fostering sustainable practices within the community.
The main goals are to reduce the amount of recyclable and organic waste sent to the Cedar Hills
Regional Landfill, decrease contamination in commercial recycling and organics streams, and help
AGENDA ITEM #6. g)
Exhibit A
4 | Page
commercial customers comply with the state’s Organic Management Law. The project also seeks to help
commercial customers reduce their environmental impacts and decrease their waste collection bills.
Task Evaluation: Please outline the methods and criteria (e.g., interviews, surveys, recycling rates) that
will be used to assess the effectiveness of the task. Note that these elements should be included in your
final report.
To assess effectiveness, outreach staff will
• Track the number of commercial customers they contact,
• Track the number of commercial customers that receive technical assistance,
• Measure the increase in commercial recycling and organics capacity (measured in CY/week), and
• Conduct pre- and post-outreach lid lifts to measure the decrease in contamination at properties
receiving technical assistance.
Task C: Bring Your Own Cup Campaign
Task Description: Please provide an overview of your task, including target audience, key initiatives,
anticipated challenges, and strategies for addressing them. Describe how the program aligns with the
overall project goals and the expected impact on the community.
This task is a bring-your-own cup campaign that will promote the use of reusable cups at coffee shops
and drive-thru coffee stands in Renton. There are two target audiences: staff at coffee shops and drive-
thru coffee stands as well as their customers.
Task Work Plan: Please include detailed information on the planned activities, timelines, responsible
parties, resources required, and expected outcomes. Ensure to outline the specific steps and strategies
that will be used to achieve the project's goals and objectives.
The city will partner with King County to manage and deliver the project. Once King County and the city
have finalized the outreach plan, county and city staff will visit coffee shops and drive-thru coffee stands
to educate staff on accepting reusable cups and to recruit businesses to participate in the campaign.
Participating cafes will receive signage promoting the use of reusable cups. County and city staff will also
collaborate to create signs and print and digital media advertising the campaign. City staff will order and
purchase signs and promotional material as needed.
Task Performance Objectives: Please outline the specific performance objectives for the task, such as
measurable goals (i.e., recycling rates, participation rates, event success, materials distribution), key
performance indicators (KPIs), and the methods for tracking and evaluating progress. Additionally, this
can include items you will share with KC by the end of the grant period.
This task aims to increase the use of reusable cups at coffee shops and drive-thru stands and decrease
the use of single-use cups. To evaluate progress, project staff will track the number of participating
AGENDA ITEM #6. g)
Exhibit A
5 | Page
businesses, gather data on reusable cup usage at participating cafes, and track responses to campaign-
related social media posts.
Task Impact Objectives: Please describe the anticipated long-term impacts of the project, including
examples such as changes in behavior, environmental benefits, economic impact and/or community
engagement. Outline the broader goals, such as reducing overall waste, increasing recycling rates, and
fostering sustainable practices within the community.
This task aims to promote behavior changes related to reuse, thereby reducing overall waste generation
and fostering sustainable practices within the community.
Task Evaluation: Please outline the methods and criteria (e.g., interviews, surveys, recycling rates) that
will be used to assess the effectiveness of the task. Note that these elements should be included in your
final report.
To assess effectiveness, city staff will
• Report the number of cafes participating in the project,
• Gather point-of-sale data from participating cafes that tracks the number of customers using
reusable cups,
• Track the number of views to campaign-related social media posts.
Project staff may also do limited observational studies to assess how many dine-in customers use
reusable cups pre- and post-outreach.
Task D: General Waste Prevention and Reduction Education and
Outreach
Task Description: Please provide an overview of your task, including target audience, key initiatives,
anticipated challenges, and strategies for addressing them. Describe how the program aligns with the
overall project goals and the expected impact on the community.
This task promotes source reduction, reuse, recycling, and organics separation among Renton residents,
commercial customers, and city staff. Key initiatives include the city’s in-house waste prevention
program, Food Waste Prevention Week, and general waste prevention education that the city provides
to Renton community members.
Task Work Plan: Please include detailed information on the planned activities, timelines, responsible
parties, resources required, and expected outcomes. Ensure to outline the specific steps and strategies
that will be used to achieve the project's goals and objectives.
Support for the in-house waste prevention program includes activities that decrease garbage generation
from city operations. Some activities include purchasing on an as needed basis compostable bin liners
for all city facilities and compostable serviceware for some internal events. The city may also purchase
some reusable serviceware to further decrease waste generated from city operations. Staff from the
city’s Sustainability & Solid Waste Section will be responsible for making the purchases.
AGENDA ITEM #6. g)
Exhibit A
6 | Page
The city will also support Food Waste Prevention Week in April and will collaborate with partners such
as the King County Library System to provide information and small-scale events to support using food
well.
This task also includes general customer education via print and digital media. Sustainability & Solid
Waste staff will collaborate the city’s communications team to develop and publish print and/or digital
media that promote source reduction, recycling, and composting.
Task Performance Objectives: Please outline the specific performance objectives for the task, such as
measurable goals (i.e., recycling rates, participation rates, event success, materials distribution), key
performance indicators (KPIs), and the methods for tracking and evaluating progress. Additionally, this
can include items you will share with KC by the end of the grant period.
The objectives are to decrease garbage generation in city operations, educate people about using food
well and provide tools for them to do so, and inform community members about resources in their
community for reducing waste. To track progress, the Sustainability & Solid Waste Section will track
purchases of compostable or reusable items, record the number of attendees at any Food Waste
Prevention Week events, and track the number of people who receive or respond to print and digital
media promoting waste prevention and reduction.
Task Impact Objectives: Please describe the anticipated long-term impacts of the project, including
examples such as changes in behavior, environmental benefits, economic impact and/or community
engagement. Outline the broader goals, such as reducing overall waste, increasing recycling rates, and
fostering sustainable practices within the community.
The overarching goal is to prevent waste by encouraging reuse, recycling, and organics waste
separation.
Task Evaluation: Please outline the methods and criteria (e.g., interviews, surveys, recycling rates) that
will be used to assess the effectiveness of the task. Note that these elements should be included in your
final report.
To assess effectiveness, city staff will
• Report the quantity of compostable bin liners and serviceware purchased for city operations,
• Report attendance at Food Waste Prevention Week events sponsored by the city, and
• Report the number of recipients or viewers of print and digital media promoting waste
prevention and reduction.
AGENDA ITEM #6. g)
1
Exhibit B
2025 WRR Grant Guidelines
Program Eligibility:
The King County Solid Waste Division (SWD) has prepared a list of Re+ Action Ideas and a Plug &
Play Project Plans that expands on the WRR Case Studies shared in the past two grant cycles and that
includes new creative and innovative project ideas for WRR Grant proposals/scopes of work
(Attachment 3). The goal of this list is to offer ideas for innovative projects beyond current WRR
SOWs including, ideas for incorporating Equity and Social Justice into all of our work such as
transcreating materials and signage into top spoken languages in King County.
The list offers ideas for influencing waste prevention and recycling consistent with Title 10 of King
County Code, the King County Strategic Climate Action Plan, and the King County 2019
Comprehensive Solid Waste Management Plan (Comp Plan), all of which have policies to achieve
Zero Waste of Resources by 2030. SWD strongly encourages consideration of these projects in the
development of grant proposals and encourages Cities to leverage WRR grant funds with multi-city
projects.
Grant funds may be used for a variety of WRR related programs consistent with the Comp Plan. Cities
are encouraged to work together to leverage funds and have a greater influence on waste prevention
and recycling. Cities may choose to use their funding on one program or a combination of programs.
For WRR program ideas, please refer to the Re+ Action Ideas, which includes the examples below.
• Plug & Play Project Plans : Plug & Play Project Plans
• Food Waste – Food rescue infrastructure investment – supporting hunger relief organizations and
food banks with resources like food storage, trucks, etc.
• Community - Establishing tool and other equipment libraries or other sharing initiatives, e.g.,
borrow party packs for picnics and birthday parties.
• Paper/Plastic Recycling - Multi-family - Technical assistance and in-person outreach to increase
recycling in multifamily complexes, with an emphasis of a multicultural and multilingual approach
such as through Spanish speaking Facilitators and or use of other regularly spoken languages for a
particular housing community.
• Banning single-use items in dine-in restaurants and hotels, e.g., coffee cups, water bottles, mini
personal care items, etc.
• Conduct food waste audits and implement customized food waste recycling programs in
economically and culturally diverse communities.
Sample Re+ Actions
AGENDA ITEM #6. g)
2
Please contact Annie DeCosta-Klipa at (206) 477- 4563 / adecostaklipa@kingcounty.gov or reference
Attachment 6 if you have questions about specific program eligibility and/or consistency with the
Comp Plan.
The following are not eligible for funding:
Grant Administration
Requests for Reimbursement:
Cities may submit at least one request for reimbursement per year during the funding cycle, due no
later than March 31 2026. Alternately, Cities may submit requests for reimbursement as frequently as
quarterly. A Budget Summary Report Form and an Expense Summary Report Form must be used when
submitting requests for reimbursement and will be provided to Cities when the grant agreements are
executed.
Accrual Reporting:
By the 5th working days of January 2026, Cities must notify SWD of the amount of their total
expenditures for work that has been completed in the previous year but for which a request for
reimbursement has not yet been submitted so that SWD can accrue the amounts.
Progress Reports
Progress reports describing program activities, accomplishments, and evaluation results must
accompany each request for reimbursement. All progress reports must be signed by a City official and
be submitted via email.
Amendments
Amendments to grant Interagency Agreements (IAAs) are unnecessary unless the City wishes to
significantly change its scope of work. In general, a significant change would be one in which the City
wishes to add or delete a task from its scope of work. Amendments will only be approved if the
proposed change(s) is/are consistent with and/or achieves the goals stated in the scope and falls within
the activities described in the scope. A minor change, such as moving dollars between tasks, would
only require written notification, which may be submitted via e-mail. However, the City should
contact SWD when considering changes to their scopes to determine if an amendment is needed.
• Collection of garbage, except for residual garbage related to the collection of recyclables.
• Household Hazardous Waste (HHW) education programs.
• Collection of any household hazardous waste items including, but not limited to:
treated wood, paint, lead acid batteries, oil, gasoline, and antifreeze, fluorescent lights.
Cities should pursue funding for HHW collection or education programs through the King County
Hazardous Waste Management Program (Haz Waste) or the Washington State Department of Ecology
Local Solid Waste Financial Assistance (LSWFA) Program.
AGENDA ITEM #6. g)
Exhibit D
Contractor:
Invoice #:
Total amount requested this period:
Total amount previously invoiced:
Original contract amount:
Total amount charged to date:
Amount remaining for completion of interlocal:
Task
#
1
2
3
4
5
6
7
For King County Use
Contract #
Project Org Task
Purchase Order #Requisition #Receipt
Supplier #Supplier Pay Site Invoice #Payment Type
Total charges this period are approved for payment:
Project Manager:Date
-$
Phone:
-$
Report Period:
Preparer's Name:Contract #:
BUDGET SUMMARY REPORT FORM
2025 King County SWD Waste Reduction & Recycling Grant
Date:
Address:
Exp.Account
$
TOTALS -$
1126942 720122 54150 22.000'
Budget
(Task/title)Costs Invoiced Balance
-$
-$
Current Amount
Remaining
Scope of Work
Description Quarter Previously
-$
-$
-$
-$
-$
-$ -$ -$
AGENDA ITEM #6. g)
Exhibit E
King County SWD Waste Reduction & Recycling Grant Expense Summary Form
Contractor Name:
Reimbursement Request # _______
Date: _____________
Contract #
Task Title & No.Vendor Date of Service Item Description Invoice No.Amount Paid
Total 0
2025 Grant Cycle
AG
E
N
D
A
I
T
E
M
#
6
.
g
)
AB - 3762
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Interagency Agreement with King County for Local Hazardous Waste
Management Grant Funds for 2025
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Administration
STAFF CONTACT: Meara Heubach, Solid Waste Program Manager
EXT.: 7389
FISCAL IMPACT SUMMARY:
This interagency agreement provides $25,103.51 of grant funding into the 2025 Solid Waste Utility budget for
the implementation of hazardous waste education projects. This grant fully reimburses the city for
expenditures related to the agreement’s scope of work. Authorization is requested for additional budget
appropriations in the amount of $25,103.51 offset by additional revenues of the same amount and will be
included in the Q1 2025 budget adjustment.
SUMMARY OF ACTION:
The Solid Waste Utility is eligible to receive $25,103.51 of non-matching grant funding in 2025 through King
County’s Hazardous Waste Management Program. Projects funded through this grant include safer cleaning
education and general hazardous waste education.
Safer Cleaning
This project aims to increase the knowledge of Renton residents about potential chemical exposure risks from
common household cleaning products. In collaboration with a consultant, city staff will use feedback and
recommendations received through community engagement activities conducted in 2024 to develop and
implement safer cleaning programming that is tailored to the interests and concerns of Renton residents.
These activities may include hosting safer cleaning workshops at multifamily properties and tabling at the
Renton Farmer’s Market.
Hazardous Waste Education via Social Media
This project aims to educate customers in Renton via social media about hazardous material disposal and safer
product alternatives. Funding will be used to amplify social media messages that promote local disposal
options for household hazardous waste, customer services provided by the Hazardous Waste Management
Program, and safer home and garden products.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Execute the agreement with King County to accept $25,103.51 of non-matching grant funds available in 2025
to implement hazardous waste education programs.
AGENDA ITEM #6. h)
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AGREEMENT FOR AWARD OF
LOCAL HAZARDOUS WASTE MANAGEMENT GRANT FUNDS FOR 2025
Between
KING COUNTY and the CITY OF RENTON
This Agreement for Award of Local Hazardous Waste Management Grant Funds “Agreement” is made
by and between King County, a charter county and political subdivision of the State of Washington,
acting through its Department of Natural Resources, Water and Land Resources Division and the City of
Renton, a municipal corporation of the State of Washington, hereinafter referred to as the “County” and
the “City” respectively. The County and City may be referred to individually as a “Party” and
collectively as the “Parties.”
1. RECITALS
1.1 The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in
1997, 2010, and 2021, was adopted by the participating agencies (the King County Solid Waste
Division, the Seattle Public Utilities, the King County Water and Land Resources Division, and Public
Health – Seattle and King County) and the cities located in King County. The Washington State
Department of Ecology in accordance with RCW 70A.300.350 subsequently approved the Plan. The
City is an active and valued partner in the regional Local Hazardous Waste Management Program
(hereafter referred to as the “Program”).
1.2 The Plan authorizes Local Hazardous Waste Management Funds to be provided to partner cities
located in King County to help fund those cities’ activities associated with hazardous waste collection
and/or educational outreach and educational services.
1.3 King County has received a proposed scope of work and budget from the City and has
determined that the scope of work and budget, attached hereto and incorporated herein as Exhibit A
(“Scope of Work”) and Exhibit B (“Budget”), respectively, are consistent with the Plan’s and Program’s
policies, goals, and objectives.
1.4 King County and the City desire to enter into this Agreement for the purpose of establishing the
terms and conditions under which King County will provide an award of Local Hazardous Waste
Management Funds to the City.
NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the Parties
hereby agree to the terms and conditions as follows:
2.AWARD OF GRANT; CONDITIONS OF GRANT
2.1 The Recitals are an integral part of this Agreement and are incorporated herein by this reference.
Agreement No. HW 1054
City of Renton GRA-25-002
AGENDA ITEM #6. h)
Agreement No. HW 1054
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2.2 King County agrees to grant the City an award of Local Hazardous Waste Management Funds
not to exceed $25,103.51 (the “Award”) on a reimbursement basis as described in Section 2.5. The
Award shall be used by the City solely for the performance of the activities described in this Agreement.
2.3 The City shall use the grant of Local Hazardous Waste Management Funds to provide hazardous
waste collection and/or education services or programs as described in Exhibit A. The total amount of
funds available from this grant in 2025 shall not exceed $25,103.51.
2.4 This Agreement provides for distribution of 2025 grant funds to the City. Reimbursement for
activities carried out and expenses incurred by the City may predate the execution date of this
Agreement provided that (a) the activities have been identified by the City as being within the Scope of
Work and have been approved by King County as being within such Scope of Work; (b) the expenses
are incurred in carrying out the Scope of Work and are authorized by the Award; and (c) such activities
and expenses otherwise comply with all other terms of this Agreement. Reimbursements shall be paid to
the City only after this Agreement has been fully executed.
2.5. During this one-year grant program, the City will submit a minimum of two (2), but no more
than eight (8), progress reports, which include the City’s reimbursement requests, to the County in a
form determined by the County. Reports must be signed by a City official. These reports shall include
all of the following:
a.A description of each activity accomplished pertaining to the Scope of Work.
b.Copies of invoices for expenditures or a financial statement prepared by the City’s
finance department. The financial statement should include vendor names, a description
of services provided, date paid, and a check or warrant number.
c.Reimbursement requests with an Invoice Form and an Invoice Detail Form, which is
attached hereto as Exhibit C and incorporated herein by reference, unless the City has a
spreadsheet similar to the Invoice Detail Form already in use, in which case the City may
use that spreadsheet instead of the Invoice Detail Form. The City will submit the form or
similar spreadsheet and submit backup documentation for grant expenses.
d.If the City receives funding from sources other than the Local Hazardous Waste
Management Program for any of the activities set forth in Exhibit A, then the City’s
reimbursement request shall acknowledge these other sources and the reimbursement
request to the County shall include only a pro-rata share of the expenses.
2.5.1 If the City chooses to submit up to the maximum of eight (8) progress reports and
requests for reimbursement during the one-year grant program, the reports shall be due to the County
on the last day of the month following the end of each quarter (April 30, July 31, October 31,
January 30), except for the final progress report and request for reimbursement, which shall be due
by February 27, 2026.
2.5.2 Regardless of the number of progress reports the City chooses to submit, in order to
secure reimbursement, the City must provide in writing to the County by the December 12, 2025, an
AGENDA ITEM #6. h)
Agreement No. HW 1054
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estimate or final invoice for activities completed in that calendar year for which the City has not yet
submitted a reimbursement request.
2.5.3 If the City accepts funding through this grant program for the provision of hazardous
waste collection or education programs and projects for other incorporated areas of King County, the
City shall explain the relationship with the affected adjacent city or cities that allows for acceptance
of this funding and the specifics of the proposed programs and projects within the Scope of Work
document related thereto.
2.5.4 Within forty-five (45) days of receiving a request for reimbursement from the City, the
Program’s contract administrator shall either notify the City of any exceptions to the request which
have been identified or shall process the request for payment. If any exceptions to the request are
made, this shall be done by written notification to the City providing the reason for such exception.
The contract administrator will not authorize payment for activities and/or expenditures which are
not included in the Scope of Work and Budget attached as Exhibits A and B unless the scope has
been amended according to Section 5 of this Agreement. The contract administrator retains the right
to withhold all or partial payment if the City’s report(s) and reimbursement request(s) are incomplete
(i.e., do not include proper documentation of expenditures and/or adequate description of each
activity described in the scope of work for which reimbursement is being requested), and/or are not
consistent with the Scope of Work and/or Budget attached as Exhibits A and B.
2.6 The City shall be responsible for following all applicable federal, state, and local laws,
ordinances, rules, and regulations in the performance of the Scope of Work described herein. The City
warrants and represents that its procedures are consistent with federal, state, and local laws relating to
public contract and bidding procedures. The County neither incurs nor assumes any responsibility for
the City’s bid, award, or contracting process.
2.7 The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying
and printing and shall use recycled/recyclable products wherever practical.
2.8 The City shall maintain accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County, to ensure proper accounting
for all project funds and compliance with this Agreement. All such records shall sufficiently and
properly reflect all direct and indirect costs of any nature expended and service provided in the
performance of this Agreement.
2.8.1 These records shall be maintained for a period of six (6) years after termination hereof
unless permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the County
and/or by federal or state officials as so authorized by law.
2.8.2 The City shall maintain a record of the use of any equipment that costs more than $1,000
and is purchased with grant funds from King County for a total period of three (3) years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County
by March 31 of each year through the year 2028.
AGENDA ITEM #6. h)
Agreement No. HW 1054
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2.9 The City agrees to appropriately acknowledge the Program in all media produced – in part or in
whole – with Program funds. Where feasible, the City will use the Program’s logo. The intent of this
provision is to further strengthen this regional partnership in the public’s mind.
2.9.1 The City agrees to provide the Program with copies of all media material produced for
local hazardous waste management events or activities that have been funded by the Program. The
City also agrees to allow the Program to reproduce media materials created with Program money
provided that the Program credits the City as the originator of that material.
2.9.2 The Program agrees to credit the City on all printed materials provided by the City to the
Program, which the Program duplicates, for distribution. Either the City’s name and logo will appear
on such materials (including fact sheets, case studies, etc.), or, at a minimum, the Program will credit
the City for artwork or text provided by the City as follows: “artwork provided courtesy of the City
of Renton” and/or “text provided courtesy of the City of Renton.”
2.9.3 The Program retains the right to share the written material(s) produced by the City, which
have been funded through this grant, with other King County cities for them to duplicate and
distribute. In so doing, the Program will encourage other cities to credit the City on any pieces that
were produced by the City.
2.10 The City designates Meara Heubach; Solid Waste Program Manager; 1055 S. Grady Way,
Renton, WA 98057; 425-430-7389; mheubach@rentonwa.gov or designee, as the administrator of this
Agreement for the City.
2.11 Questions or concerns regarding any issue associated with this agreement that cannot be handled
by the Program’s Contract Administrator should be referred to the Local Hazardous Waste Management
Program Director for resolution.
3.DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2025, or the date of execution of the
Agreement by both the County and the City and shall terminate on March 31, 2026. The City shall not
incur any new charges after December 31, 2025. However, if execution by either Party does not occur
until after January 1, 2025, this Agreement allows for disbursement of grant funds to the City for
County-approved programs initiated between January 1, 2025, and the later execution of the Agreement
provided that the City complies with the reporting requirements of Section 2.5 of the Agreement.
4.TERMINATION
4.1 King County may terminate this Agreement in whole or in part, for convenience, without cause
prior to the termination date specified in Section 3, upon thirty (30) days advance written notice.
4.2 King County may also terminate this Agreement, in whole or in part, for lack of appropriation,
upon thirty (30) days prior written notice to the City. In accordance with King County Code 4A.100.070,
if King County terminates this Agreement for non-appropriation, then King County’s costs associated
AGENDA ITEM #6. h)
Agreement No. HW 1054
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with such termination, if any, shall not exceed the appropriation for the biennium in which termination
occurs.
4.3 This Agreement may be terminated by either Party, in whole or in part, for cause prior to the
termination date specified in Section 3, upon thirty (30) days advance written notice. Reasons for
termination for cause may include but not be limited to nonperformance, misuse of funds, and/or failure
to provide grant related reports/invoices/statements as specified in Section 2.5.
4.4 If the Agreement is terminated as provided in this section: (a) the County will be responsible to
reimburse the City only for allowable expenses, in accordance with the terms of this Agreement for
expenses incurred prior to the effective date of termination; and (b) the City shall be released from any
obligation to provide further services pursuant to this Agreement.
4.5 Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or law that either Party may have in the event that the obligations, terms, and conditions set forth in this
Agreement are breached by the other Party.
5.AMENDMENTS
This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of
work will only be approved if the proposed amendment is consistent with the most recently adopted
Hazardous Waste Management Plan. Amendments will only be approved if the proposed change(s) is
(are) consistent with and/or achieves the goals stated in the scope and falls within the activities described
in the scope. Funds may be moved between tasks in the Scope of Work, attached as Exhibit A, upon
written notification by the City to King County and written approval by the County.
6.HOLD HARMLESS AND INDEMNIFICATION
6.1 The City agrees to indemnify, defend, and hold harmless King County, and its elected or
appointed officials, employees and agents, from all suits, claims, alleged liability, actions, losses, costs,
expenses (including reasonable attorney’s fees), penalties, settlements and damages of whatsoever kind
or nature arising out of, in connection with, or incident to any acts or omissions of the City, its
employees, agents, contractors or subcontractors in performing its obligations under this Agreement,
except of the County’s sole negligence.
6.2 The City’s obligations under this section shall include, but not be limited to all of the following:
(a) The duty to promptly accept tender of defense and provide defense to the County with legal counsel
acceptable to the County and at the City’s own expense; (b) Indemnification of claims made by the
City’s own employees or agents; and (c) Waiver of the City’s immunity under the industrial insurance
provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the 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 City. The provisions of this Section 6.2 shall survive
the expiration, abandonment, or termination of this Agreement.
AGENDA ITEM #6. h)
Agreement No. HW 1054
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7. INSURANCE
7.1 The City, at its own cost, or its contractor(s)/subcontractor(s) at their own cost, shall procure by
the date of execution of this Agreement and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damages to property which may arise from or in connection with
performance of work pursuant to this Agreement by the City, its agents, representatives, employees,
contractors, and/or subcontractors. The minimum limits of Commercial General Liability insurance shall
be $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and
advertising injury, and property damage. Such insurance shall include coverage for, but not be limited
to, premises liability, ongoing operations, products and completed operations, advertising injury, and
contractual liability. The minimum limit of Automobile Liability insurance shall be $1,000,000
combined single limit per accident for bodily injury and property damage. If the work involves the
transport of pollutants (as defined by the standard auto policy exclusion of pollution) the auto policy
shall be endorsed to include endorsement CA 9948 (or its equivalent) and MCS 90, or auto pollution
coverage. The minimum limit of Pollution Liability insurance shall be $1,000,000 per occurrence and in
the aggregate to cover sudden and non-sudden bodily injury and/or property damage to include the
destruction of tangible property, loss of use, clean-up costs and the loss of use of tangible property that
has not been physically injured or destroyed. Coverage shall include non-owned disposal sites. Any
deductible or self-insured retention(s) shall be the sole responsibility of the City or its
contractor(s)/subcontractor(s). Such insurance shall cover King County, its officials, employees, and
agents as additional insured for full coverage and policy limits against liability arising out of activities
performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and
additional insured endorsement is attached to this Agreement as Exhibit D unless Section 7.2 or Section
7.3 (below) apply. Evidence of required coverage maintained by the contractor(s)/subcontractor(s) must
be provided to the County prior to the commencement of any work.
7.2 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 written acknowledgement of self-insurance is
attached to this Agreement as Exhibit D.
7.3 If the Agency is a Municipal Corporation or an agency of the State of Washington and is a
member of the Washington Cities Insurance Authority (WCIA), a written
acknowledgement/certification of current membership is attached to this Agreement as Exhibit D.
8.ENTIRE CONTRACT; NO WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original Agreement.
9.TIME IS OF THE ESSENCE
AGENDA ITEM #6. h)
Agreement No. HW 1054
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The County and City recognize that time is of the essence in the performance of this Agreement. The
Scope of Work set forth in Exhibit A shall be completed by the City no later than December 31, 2025. In
the event that the Scope of Work is not completed by this date, then King County shall retain any
unexpended Award funds.
10.SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
11.NOTICE
Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant
to this Agreement shall be in electronic form and shall be deemed duly given when received at the
addresses first set forth below via electronic mail. A copy of any notice shall also be sent via first class
mail to the address listed below.
Keith Quinata, Contract Administrator, or a provided designee
King County Department of Natural Resources and Parks
Water and Land Resources Division
Hazardous Waste Management Program
201 S. Jackson Street, Suite 5600
Seattle, WA 98104
hazwastegovrelations@kingcounty.gov or kquinata@kingcounty.gov
If to the City:
Meara Heubach, Solid Waste Program Manager, or a provided designee
City of Renton
1055 S. Grady Way
Renton, WA 98057
mheubach@rentonwa.gov
Either Party hereto may, at any time, by giving ten (10) days written notice to the other Party, designate any
other address in substitution of the foregoing address to which such notice or communication shall be given.
12.GENERAL PROVISIONS
12.1 This Agreement shall be binding upon and inure to the benefit of the Parties and their respective
successors and assigns.
12.2 Each Party warrants and represents that such Party has full and complete authority to enter into this
Agreement and each person executing this Agreement on behalf of a Party warrants and represents that
he/she has been fully authorized to execute this Agreement on behalf of such Party and that such Party is
bound by the signature of such representative.
AGENDA ITEM #6. h)
Agreement No. HW 1054
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12.3 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.
12.4 This Agreement may be signed in multiple counterparts each of which shall be deemed an original,
and all counterparts together shall constitute but one and the same instrument.
12.5 This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other
person or entity, and no person or entity not a party to this Agreement shall have any third-party beneficiary
or other rights whatsoever hereunder.
12.6 This Agreement shall be governed by and construed according to the laws of the State of
Washington. Actions pertaining to this Agreement will be brought in King County Superior Court, King
County, Washington.
IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:
City of Renton King County
BY______________________________________ BY___________________________________
Armondo Pavone, Mayor Maythia Airhart,
Environmental Programs Section Manager
City of Renton Hazardous Waste Management Program
For Dow Constantine, King County Executive
_________________________________________ ______________________________________
Date Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
__________________________
Cheryl L. Beyer
Senior Assistant City Attorney
clb 1/9/25 (3275)
AGENDA ITEM #6. h)
HAZARDOUS WASTE MANAGEMENT PROGRAM
2025 GRANT SCOPE OF WORK
APPLICANT
City of Renton
1055 South Grady Way
Renton, WA 98056
PROJECT MANAGERS
Meara Heubach
Solid Waste Program Manager
425-430-7389
mheubach@rentonwa.gov
Emily Morton
Sustainability Specialist
425-430-7381
emorton@rentonwa.gov
FUNDING REQUESTED
$25,103.51
FUNDING SUMMARY
Task 1 Choosing Safer Household Products:
Engagement and Education Program
$24,603.51
Task 2 Social Media Hazardous Waste Education $500.00
__________________________
Meara Heubach
Solid Waste Program Manager
AGENDA ITEM #6. h)
2025 Hazardous Waste Grant - Renton
Page 2
TASK 1 Choosing Safer Household Products: Engagement and Education Program
BUDGET $24,603.51
SCOPE OF WORK
This project seeks to increase the knowledge of Renton residents about potential chemical
exposure risks from common household products and provide them with alternative strategies
to help reduce their exposure.
In collaboration with a consultant, city staff intend to build on feedback and recommendations
received through community engagement activities conducted in 2024 with Renton Housing
Authority (RHA) multifamily residents. City staff and the consultant will use this feedback to
develop and implement hazardous waste-related outreach and education programming that is
tailored to the interests and concerns of Renton residents.
Additionally, city staff will also work with the consultant to complete outreach activities while the
specific programming described above is being developed. These activities may include tabling at
the Renton Famer’s Market and other community events, hosting workshops at multifamily
properties with the HWMP Residential Services team, or sending communications related to
hazardous waste through social media and other channels.
PERFORMANCE OBJECTIVES
• Develop hazardous waste programming based on feedback received from Renton
residents through 2024 community engagement activities.
• Complete outreach activities with Renton residents through event tabling, workshops,
and social media communications.
IMPACT OBJECTIVES
• Help residents reduce their risk of chemical exposure by providing information about
safer cleaning product choices and strategies for alternative cleaning methods.
• Build on and learn from customer engagement conducted during safer cleaning
workshops at Renton Housing Authority properties in 2024.
BUDGET DETAIL
Contract $23,603.51
Supplies $500.00
City staff $500.00
AGENDA ITEM #6. h)
2025 Hazardous Waste Grant - Renton
Page 3
TASK 2 Social Media Hazardous Waste Education
BUDGET $500.00
SCOPE OF WORK
This task aims to educate customers in Renton via social media about hazardous material
disposal and safer product alternatives.
PERFORMANCE OBJECTIVES
Funding will be used to develop and publish social media messages that promote
• Wastemobile events in Renton,
• Services provided by the Hazardous Waste Management Program, such as the fixed
disposal locations and the home collection program for seniors and residents with
disabilities, and
• Safer home and garden products.
Funding will be used to boost social media posts related to these services and products so that
customers are more likely to see these posts in their social media feeds.
IMPACT OBJECTIVES
• Reduce community members’ risk of chemical exposure by increasing their knowledge
about safe disposal options for hazardous materials and safer alternatives to harmful
products.
BUDGET DETAILS
Boosting social
media posts $500.00
AGENDA ITEM #6. h)
AB - 3763
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Authorization to Purchase Fleet Vehicles
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works Administration
STAFF CONTACT: Ron Kahler, Fleet Manager
EXT.: 2660
FISCAL IMPACT SUMMARY:
The total cost of this vehicle is $749,882.75. The total amount allocated in the 2025-26 budget for the
replacement of this vehicle is $750,000.00.
SUMMARY OF ACTION:
The Public Works Maintenance Services Division has obtained a quote from One Point Seven, INC for for the
purchase of one GapVax MC1511-3S3X Combination Jet/Vac for Public Works Surface Water section. This
Public Works requested purchase will replace an existing vehicle E138, a 2015 Vactor truck. This Equipment is
used by Surface Water section for Maintenance and repair of the surface water system by suctioning storm
drain pipes, catch basins, and for excavating dirt at repair sites. This vehicle meets the required standard for
replacement in that it has high hours, concerns with reliability, future maintenance costs, as well as meeting
the minimum schedule for replacement. The vehicle replacement was approved in the 2025-26 biennium
budget. This vehicle is included in the Fund 501 Equipment Rental Vehicle Acquisition and Replacement
Schedule. The vehicle will be purchased from One Point Seven using State of Washington Bid Contract Award
00120.
Existing
Vehicle
Year
Purchased
Replacement Make
& Model
Replacement
Cost
Vendor & State
Contract Bid Number
E138 2015 Kenworth T480 $749,882.75
One point seven
Washington State Bid
Contract Award 00120
TOTAL $749,882.75
EXHIBITS:
A. One Point Seven quote
STAFF RECOMMENDATION:
Authorize the purchase of one Public Works Vehicle totaling 749,882.75. This Vehicle will be purchased from
One Point Seven using Washington State Bid Contract Award 00120.
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AGENDA ITEM #6. i)
AB - 3752
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Addendum 8-25 to LAG-93-004 with BHC Inc
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Airport
STAFF CONTACT: Joey Root, Business Coordinator
EXT.: x7478
FISCAL IMPACT SUMMARY:
The City will continue to receive the lease revenue on an annual basis of $58,534.21 plus leasehold excise tax.
There is no change in the lease rate that was last adjusted on September 23, 2024 via
Addendum No. 7-24.
SUMMARY OF ACTION:
The City and BHC Inc. entered into a lease agreement LAG-93-004 on October 28, 1993, for the ground lease of
850 W Perimeter Road at the Renton Airport, a 48,778.51 square foot parcel. BHC Inc. owns the hangar
building on the parcel which is used for aircraft storage.
The Lessee has fully and faithfully complied with all the terms and conditions of the lease which terminates on
December 31, 2029.
Addendum No. 7-24 included updates to the insurance requirements, Section 19 of LAG-93-004. This contract
corrects an error in Addendum No. 7-24.
EXHIBITS:
A. Addendum 8-25 to LAG-93-004
B. Map View of 850 Parcel
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Addendum8-25 with BHC Inc. to correct the insurance section
in Addendum 7-24.
AGENDA ITEM #6. j)
LAG 93-004
Addendum 08-25
Addendum to Lease Agreement LAG 93-004 1
City of Renton to BHC Inc.
ADDENDUM TO LEASE AGREEMENT
(City of Renton to BHC, Inc.)
THIS ADDENDUM to Lease Agreement LAG 93-004, is effective as of the date of
execution by the City of Renton, as indicated on the last page of this addendum.
RECITALS:
WHEREAS, BHC, Inc. (hereinafter “Lessee” or “Tenant”) has a Lease Agreement with
the City of Renton (hereinafter “Lessor” or “Landlord”), known to Landlord and Tenant
(collectively, the “Parties”) as LAG 93-004, executed on October 28, 1993 and subsequently
amended by and through its amendments: Addendum 01-98, Addendum 02-98, Addendum
03-04, Addendum 04-09, Addendum 05-13, Addendum 06-20 and Addendum 07-24;
(hereinafter, collectively, the “Lease”); and
WHEREAS, pursuant to Section 6.11.2 of Landlord’s Airport Leasing Policies, all leases
will be subject to periodic adjustments of insurance requirements as imposed by the Landlord;
and
WHEREAS, all other terms and conditions of the Lease and the addenda thereto shall
remain in full force and effect;
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF
RENTON AND BHC INC. AS FOLLOWS:
WITNESSETH:
1. Effective on the date of this addendum, Section 19. of LAG 93-004 is hereby amended to
read as follows:
19. INSURANCE:
19.1. Personal Property: Tenant, at its expense, shall maintain in force during the
Term a policy of special form – causes of loss or all risk property insurance on all of
Tenant’s alterations, improvements, trade fixtures, furniture and other personal property
in, on or about the Premises, in an amount equal to at least their full replacement cost.
Any proceeds of any such policy available to Tenant shall be used by Tenant for the
restoration of Tenant’s alterations, improvements and trade fixtures and the replacement
of Tenant’s furniture and other personal property. Any portion of such proceeds not used
for such restoration shall belong to Tenant. It is agreed that Landlord shall not be held
liable in any manner for, or on account of, any loss or damage to personal property of the
AGENDA ITEM #6. j)
LAG 93-004
Addendum 08-25
Addendum to Lease Agreement LAG 93-004 2
City of Renton to BHC Inc.
Tenant, Tenant's invitees or other persons, which may be sustained by fire or water or
other peril, or for the loss of any articles by burglary, theft or any other cause from or
upon the Premises. It is acknowledged that Landlord does not cover any of the personal
property of Tenant, Tenant's invitees or other persons upon the Premises through its
insurance. Tenant, its invitees and other persons upon the Premises are solely responsible
to obtain suitable personal property insurance.
19.2. Liability Insurance: Tenant, at its expense, shall maintain in force during the Term
the following types of insurance (or equivalents): a policy of commercial general liability
insurance (including premises liability), with the following minimum limits: $1,000,000 per
occurrence, $2,000,000 annual aggregate. Landlord shall be named as an additional
insured on Tenant’s liability insurance solely with respect to the operations of the named
insured (i.e., Tenant) and that coverage being primary and non-contributory with any
other policy(ies) carried by, or available to, the Landlord. The Tenant shall provide the
Landlord with written notice of any policy cancellation, within two business days of their
receipt of such notice.
19.3. Insurance Policies: Insurance required hereunder shall be written by a company
or companies acceptable to Landlord. Landlord reserves the right to establish and, from
time-to-time, to increase minimum insurance coverage amounts. Insurance required
herein shall provide coverage on an occurrence basis, not a claims-made basis. Notice of
increased minimum insurance coverage amounts shall be sent to the Tenant at least forty-
five (45) days prior to the annual renewal date of the Tenant’s insurance. Prior to
possession the Tenant shall deliver to Landlord documents, in a form acceptable to
Landlord, evidencing the existence and amounts of such insurance. Tenant shall, prior to
the expiration of such policies, furnish Landlord with evidence of renewal of such
insurance, in a form acceptable to Landlord. Tenant shall not do or permit to be done
anything which shall invalidate the insurance policies referred to above. Tenant shall
forthwith, upon Landlord’s demand, reimburse Landlord for any additional premiums for
insurance carried by Landlord attributable to any act or omission or operation of Tenant
causing such increase in the cost of insurance. If Tenant shall fail to procure and maintain
such insurance, then Landlord may, but shall not be required to, procure and maintain the
same, and Tenant shall promptly reimburse Landlord for the premiums and other costs
paid or incurred by Landlord to procure and maintain such insurance. Failure on the part
of the Tenant to maintain the insurance as required shall constitute a material breach of
the Lease, upon which the Landlord may, after giving five business days notice to the
Tenant to correct the breach, terminate the Lease or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the Landlord on demand.
AGENDA ITEM #6. j)
LAG 93-004
Addendum 08-25
Addendum to Lease Agreement LAG 93-004 3
City of Renton to BHC Inc.
19.4. Waiver of Subrogation: Tenant and Landlord each waives any and all rights of
recovery against the other, or against the officers, employees, agents and representatives
of the other, for loss of or damage to such waiving Party or its property or the property of
others under its control, where such loss or damage is insured against under any insurance
policy in force at the time of such loss or damage. Tenant shall, upon obtaining the policies
of insurance required hereunder, give notice to the insurance carriers that the foregoing
mutual waiver of subrogation is contained in this Lease.
2. All other terms and conditions of the original Lease Agreement and Addenda thereto,
insofar as they are not inconsistent herewith, shall remain in full force and effect.
BHC Inc. CITY OF RENTON
a Washington Corporation a Municipal Corporation
___________________________ ________________________
Douglas E. Norberg Armondo Pavone
Vice President Mayor
________________________
Attest: Jason Seth
City Clerk
____________________
Date
Approved as to legal form
____________________
City Attorney
AGENDA ITEM #6. j)
B. Map View of 850 Parcel
BHC, Inc.
AGENDA ITEM #6. j)
AB - 3753
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Amendment 7-25 to LAG-12-004 with Bosair, LLC
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Airport
STAFF CONTACT: Joey Root, Business Coordinator
EXT.: x7478
FISCAL IMPACT SUMMARY:
The City will receive the lease revenue on an annual basis of $111,520.39 plus leasehold excise tax. This is an
increase of $3,476.30 per month retroactive back to October 2024. This will result in an annual increase of
$41,715.60.
SUMMARY OF ACTION:
The City and Bosair, LLC entered into a lease agreement LAG-12-004 on October 1, 2012, for the ground lease
of 289 E Perimeter Road at the Renton Airport, an 80,811.88 square foot parcel. Bosair, LLC owns the hangar
building on the parcel which is used for aircraft storage, sale of aircraft and pilot supplies, aircraft servicing,
and flight instruction.
A CPI-U adjustment established a rental rate of $0.8637 per square foot for the period of October 1, 2021,
through September 30, 2024. On January 1, 2024, a new land rental rate was established to its fair market
value of $1.38 per square foot per year. This contract accounts for lease rate increases retroactive to October
1, 2024, and continuing until September30, 2027. Additionally, Section 23 of LAG-12-004, Notices, is updated
to reflect Landlord’s new address.
EXHIBITS:
A. Amendment 7-25 to LAG-12-004
B. Map View of 289 Parcel
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Amendment 7-25 with Bosair, LLCfor a lease rate adjustment
and update to the Landlord’s address.
AGENDA ITEM #6. k)
AGENDA ITEM #6. k)
AGENDA ITEM #6. k)
AGENDA ITEM #6. k)
B. Map View of 289 Parcel
Bosair, LLC
AGENDA ITEM #6. k)
AB - 3750
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Professional Services Agreement with Perteet, Inc, for Preliminary
and Final Design Services for the City of Renton Sunset Trail Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Hebe Bernarndo, Project Manager
EXT.: 7223
FISCAL IMPACT SUMMARY:
The Professional Services Agreement with Perteet, Inc., encompassing engineering design, right- of-way
(ROW) design/ property acquisition, and construction acquisition services. This contract will have a maximum
allowed payment of $1,243,483. The current budget for the design and right-of-way is $1,773,629, as shown in
the following table.
Project Phase Allocated Funding Total Funding by Phase
Design - PSRC Grant $960,150
Design -City Funds $329,819
$1,289,969
ROW - PSRC Grant* $418,660
ROW- City Funds $65,000
$483,660
TOTAL $1,773,629
*Grant awarded but not yet obligated
SUMMARY OF ACTION:
The Sunset Trail Project will install a 12-foot-widemulti-use trail on the north side of NE Sunset Boulevard,
including planters between the trail and the street, street lighting, and retaining walls, all in compliance with
Public Right-of-Way Accessibility Guidelines (PROWAG) Standards. The project islocatedadjacent to the King
County Library, HSIEH Investments 1 properties, and the Renton Housing Authority property, extending from
Edmonds Ave NE to NE 10th St.
This Professional Services Agreement retains Perteet, Inc. to provide engineering design to 100% plan
completion, Right-of-Way (ROW) designandacquisition services, and support through bidding and contract
award for the project. During the preliminary design phase, the consultant will perform project management,
surveying, base mapping, geotechnical investigation, stormwater analysis, structural engineering, Right-of-
Way (ROW) design and acquisition, and bid support. Public outreach and support during the environmental
review process will also be provided.
AGENDA ITEM #6. l)
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a professional services agreement with Perteet, Inc. for
preliminary and final design, plus right-of-way services totaling $1,243,483 for the Sunset Trail Project.
AGENDA ITEM #6. l)
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba’s):
Address Federal Aid Number
UBI Number Federal TIN or SSN Number
Execution Date Completion Date
1099 Form Required
Yes No
Federal Participation
Yes No
Project Title
Description of Work
Yes No DBE Participation
Yes No MBE Participation
Yes No WBE Participation
Yes No SBE Participation
Total Amount Authorized:
Management Reserve Fund:
Maximum Amount Payable:
Index of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Scope of Work
DBE Participation
Preparation and Delivery of Electronic Engineering and Other Data
Prime Consultant Cost Computations
Sub-consultant Cost Computations
Title VI Assurances
Certification Documents
Liability Insurance Increase
Alleged Consultant Design Error Procedures
Consultant Claim Procedures Agreement Number:
Page 1 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
AGENDA ITEM #6. l)
THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this
AGREEMENT, between the ,
hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this
AGREEMENT, hereinafter called the “CONSULTANT.”
WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime)
involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information
shall identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C –
Preparation and Delivery of Electronic Engineering and other Data.”
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: Name:
Agency: Agency:
Address: Address:
City: State: Zip: City: State: Zip:
Email: Email:
Phone: Phone:
Facsimile: Facsimile:
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
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V.Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
“D” and “E” and by this reference made part of this AGREEMENT.
A.Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non-salary costs.
1.Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2.Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and
“E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and
all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s
fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.)
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by
the ICR schedule. It shall also be used for the computation of progress payments during the following year
and for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.Agreement Number:
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4.Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D”
and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled “Termination of Agreement.”
5.Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
“Extra Work.”
6.Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
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D.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager.
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII.Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259)
through 2000d-4a) • American with Disabilities Act of 1990
•Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
(23 U.S.C. Chapter 3 § 324)• 23 CFR Part 200
•Rehabilitation Act of 1973 49 CFR Part 21(29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26•Age Discrimination Act of 1975 •RCW 49.60.180(42 U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F”
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in
every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10)days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to
perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII.Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees,
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or
the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their 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 CONSULTANT or the CONSULTANT’s
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT 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 STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that 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 STATE and/or AGENCY’s, their agents’, officers’ and employees’ failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name:
Agency:
Address:
City: State: Zip:
Email:
Phone:
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to
section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional
liability to third parties be limited in any way.
Agreement Number:
Page 10 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
AGENDA ITEM #6. l)
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII.Extra Work
A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,”
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV.Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit
“G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s
over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General
Requirements” prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number:
Page 11 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
AGENDA ITEM #6. l)
XVII.Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver’s license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence
and not to make use of the State’s Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State’s Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential
Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State’s Confidential Information was received; who received, maintained and used the State’s Confidential
Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number:
Page 12 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
AGENDA ITEM #6. l)
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii)is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
“documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents”
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, “documents” means every writing or record of every type and description,
including electronically stored information (“ESI”), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number:
Page 13 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
AGENDA ITEM #6. l)
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any
kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub-consultant at home.
“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date” box on page one (1) of this AGREEMENT.
Signature Date
Crystal L. Donner, President Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number:
Page 14 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 02/01/2021
CITY OF RENTON
PERTEET, INC.
AGENDA ITEM #6. l)
Exhibit A
Scope of Work
Project No.
Agreement Number:
Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
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Exhibit B
DBE Participation
Agreement Number:
Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
AGENDA ITEM #6. l)
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I.Surveying, Roadway Design & Plans Preparation Section
A.Survey Data
B.Roadway Design Files
C.Computer Aided Drafting Files
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4
AGENDA ITEM #6. l)
D.Specify the Agency’s Right to Review Product with the Consultant
E.Specify the Electronic Deliverables to Be Provided to the Agency
F.Specify What Agency Furnished Services and Information Is to Be Provided
Agreement Number:
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4
AGENDA ITEM #6. l)
II.Any Other Electronic Files to Be Provided
III.Methods to Electronically Exchange Data
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4
AGENDA ITEM #6. l)
A.Agency Software Suite
B.Electronic Messaging System
C.File Transfers Format
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4
AGENDA ITEM #6. l)
Exhibit D
Prime Consultant Cost Computations
Agreement Number:
Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
AGENDA ITEM #6. l)
Project: Sunset Trail
Client: City of Renton
Consultant: Perteet
Perteet Project No. 20230108
Date: December 16, 2024
Classification Hours Rate Amount
Senior Associate 284 $84.00 $23,856.00
Senior Engineer/ Manager 401 $73.00 $29,273.00
Engineer III 551 $52.50 $28,927.50
Civil Designer II 773 $49.00 $37,877.00
Lead Engineer/ Manager 97 $58.00 $5,626.00
Civil Designer II 216 $45.75 $9,882.00
Lead Tech/ Designer 697 $46.25 $32,236.25
Principal 28 $136.56 $3,823.68
Senior Construction Manager 16 $80.00 $1,280.00
Accountant 28 $59.00 $1,652.00
Clerical 26 $37.75 $981.50
Director 38 $102.00 $3,876.00
Senior Planner/ Cultural Resources Manager 32 $60.97 $1,951.04
Planner III 14 $54.25 $759.50
Direct Salary Cost $182,001.47
ICR (Overhead Cost) 192.30%$349,988.83
Fixed Fee 30.00%$54,600.44
Labor Total 3201 $586,590.74
Expenses Cost Markup Amount
Potholing (APS)$25,000.00 1.0 $25,000
Mileage at IRS rate $300.00 1.0 $300
Reproduction $200.00 1.0 $200
Total Expenses $25,500
Subconsultants Amount
1 Alliance Geomatics $52,178
HWA GeoSciences Inc.$109,908
Chudgar Engineering Company, Inc $219,335
Exhibit D
2707 Colby Avenue, Suite 900, Everett, WA 98201 P 425-252-7700 F 425-339-6018
Consultant Fee Determination Summary
HOURLY COSTS
REIMBURSABLES
SUBCONSULTANTS
AGENDA ITEM #6. l)
Hough Beck & Baird Inc.$53,647
Commonstreet Consulting, LLC $146,324
Total Subconsultants $581,393
Management Reserve $50,000
Total Other Costs $50,000
CONTRACT TOTAL $1,243,483
Rates shown reflect the typical compensation rate of employees assigned to the billing
category listed. Each category may have multiple employees assigned to that billing
category and each employee may have a different hourly rate of pay. Employee
compensation is subject to adjustment in June of each calendar year.
OTHER
AGENDA ITEM #6. l)
June 28, 2024
Perteet, Inc.
2707 Colby Avenue, Suite 900
Everett, WA 98201
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Denice Moan:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 192.30% of direct labor
(rate includes 0.36% Facilities Capital Cost of Money) based on the “Independent CPA Report”
prepared by Stambaugh Ness. This rate will be applicable for WSDOT Agreements and Local
Agency Contracts in Washington only. This rate may be subject to additional review if
considered necessary by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: BJO
AGENDA ITEM #6. l)
Exhibit E
Sub-consultant Cost Computations
If no sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI “Sub-Contracting” of this AGREEMENT.
Agreement Number:
Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
AGENDA ITEM #6. l)
Subconsultant: 1 Alliance
Project: Sunset Trail
Client: City of Renton
Classification Hours Rate Amount
Principal 2 $111.06 $222.12
Sr. Project Manager 12 $69.07 $828.84
Quality Manager 11 $67.22 $739.42
Project Surveyor 111 $65.24 $7,241.64
CADD 5 62 $42.83 $2,655.46
Tech 5 32 $48.89 $1,564.48
Tech 3 32 $40.00 $1,280.00
Tech 3 16 $39.35 $629.60
Direct Salary Cost $15,161.56
ICR (Overhead Cost) 133.24%$20,201.26
Fixed Fee 30.00%$4,548.47
Total Labor Costs 278 $39,911.29
Mileage $108.00 1.0 $108.00
Utility Locates $12,159.00 1.0 $12,159.00
Total Expenses $12,267
CONTRACT TOTAL $52,178
HOURLY COSTS
REIMBURSABLES
Exhibit E-1
Subconsultant Fee Determination Summary
AGENDA ITEM #6. l)
August 8, 2024
Atlas Technical Consultants, LLC
13215 Bee Cave Parkway, Building B, Suite 230
Austin, TX 78738
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Andrew Kostas:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) based on the “Independent CPA
Report” prepared by Carr, Riggs & Ingram, LLC as follows:
Home Office: 133.24% of direct labor (rate includes 0.44% Facilities Capital Cost of
Money)
Field Office: 127.85% of direct labor (rate includes 0.28% Facilities Capital Cost of
Money)
This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington
only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR
must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: kb
Exhibit E-1 AGENDA ITEM #6. l)
Subconsultant: Chudgar Engineering Company, Inc
Project: Sunset Trail
Client: City of Renton
Classification Hours Rate Amount
Lead Structural Engineer 108 $146.00 $15,768.00
Senior Structural Engineer 292 $70.03 $20,448.76
Project Manager 254 $56.06 $14,239.24
Structural Design Engineer 52 $40.87 $2,125.24
Structural Design Engineer 268 $40.87 $10,953.16
Design Technician 320 $36.06 $11,539.20
Direct Salary Cost $75,073.60
ICR (Overhead Cost) 162.16%$121,739.35
Fixed Fee 30.00%$22,522.08
Total Labor Costs 1294 $219,335.03
CONTRACT TOTAL $219,335
HOURLY COSTS
Exhibit E-2
Subconsultant Fee Determination Summary
AGENDA ITEM #6. l)
May 29, 2024
Chudgar Engineering Company, Inc.
1510 140th Ave NE, Suite 203
Bellevue, WA 98005
Subject: Acceptance FYE 2023 ICR – Risk Assessment Review
Dear Janet Ito:
Based on Washington State Department of Transportation’s (WSDOT) Risk Assessment review
of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 162.16%.
This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington
only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR
must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:sms
Exhibit E-2 AGENDA ITEM #6. l)
Subconsultant: Commonstreet Consulting, LLC
Project: Sunset Trail
Client: City of Renton
Classification Hours Rate Amount
Principal 28 $121.00 $3,388.00
Sr Project Manager 90 $94.00 $8,460.00
Project Manager 30 $82.00 $2,460.00
Sr ROW Agent 190 $77.00 $14,630.00
ROW Agent 285 $47.00 $13,395.00
Sr Project Control Specialist 83 $64.00 $5,312.00
Project Control Specialist 40 $48.00 $1,920.00
Direct Salary Cost $49,565.00
ICR (Overhead Cost) 119.58%$59,269.83
Fixed Fee 30.00%$14,869.50
Total Labor Costs 746 $123,704.33
Appraisal $6,000.00 2.0 $12,000.00
Appraisal Review $1,500.00 2.0 $3,000.00
Appraisal Waivers $1,500.00 4.0 $6,000.00
Mileage $870.00 1.0 $870.00
Copies, Mailing, and Delivery $750.00 1.0 $750.00
Total Expenses $22,620
CONTRACT TOTAL $146,324
HOURLY COSTS
REIMBURSABLES
Exhibit E-3
Subconsultant Fee Determination Summary
AGENDA ITEM #6. l)
February 29, 2024
Commonstreet Consulting, LLC
100 S King Street, Ste. 100
Seattle, WA 98104
Subject: Acceptance FYE 2023 ICR – Risk Assessment Review
Dear Melinda Diaz:
Based on Washington State Department of Transportation’s (WSDOT) Risk Assessment review
of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 119.58% of
direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in
Washington only. This rate may be subject to additional review if considered necessary by
WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the
terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:HK
Exhibit E-3 AGENDA ITEM #6. l)
Subconsultant: Hough Beck & Baird Inc.
Project: Sunset Trail
Client: City of Renton
Classification Hours Rate Amount
Principal 12 $98.00 $1,176.00
Project Manager 62 $82.00 $5,084.00
Design Staff 90 $58.00 $5,220.00
Computer Tech 196 $40.00 $7,840.00
Direct Salary Cost $19,320.00
ICR (Overhead Cost) 116.62%$22,530.98
Fixed Fee 30.00%$5,796.00
Total Labor Costs 360 $47,646.98
Arborist $6,000.00 1.0 $6,000.00
Total Expenses $6,000
CONTRACT TOTAL $53,647
HOURLY COSTS
REIMBURSABLES
Exhibit E-4
Subconsultant Fee Determination Summary
AGENDA ITEM #6. l)
July 9, 2024
Hough Beck & Baird, Inc.
2101 4th Ave, Suite 1800
Seattle, WA 98121
Subject: Acceptance FYE 2023 ICR – Risk Assessment Review
Dear Pam Neuman:
Based on Washington State Department of Transportation’s (WSDOT) Risk Assessment review
of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 116.62%.
This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington
only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR
must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH:sms
Exhibit E-4 AGENDA ITEM #6. l)
Subconsultant: HWA Geosciences Inc.
Project: Sunset Trail
Client: City of Renton
Classification Hours Rate Amount
Administrative Support 2 $38.00 $76.00
CAD 16 $36.00 $576.00
Contracts Administrator 6 $36.00 $216.00
Contracts Administrator 6 $53.00 $318.00
Geotechnical Engineer VIII 72 $96.00 $6,912.00
Geotechnical Engineer V 121 $63.00 $7,623.00
Geotechnical Engineer II 36 $43.00 $1,548.00
Geologist III 96 $44.00 $4,224.00
Geologist V 18 $54.00 $972.00
Direct Salary Cost $22,465.00
ICR (Overhead Cost) 187.24%$42,063.47
Fixed Fee 30.00%$6,739.50
Total Labor Costs 373 $71,267.97
Mileage $290.00 1.0 $290.00
Geotechnical Lab Testing $6,500.00 1.0 $6,500.00
Phase 1 Concrete Coring Subcontract $1,000.00 1.0 $1,000.00
Phase 1 Drilling Subcontractor (Assum $14,000.00 1.0 $14,000.00
Phase 1 Traffic Control Rental and set $4,400.00 1.0 $4,400.00
Phase 2 Drilling Subcontractor (Assum $7,000.00 1.0 $7,000.00
Phase 2 Traffic Control Rental and set $2,200.00 1.0 $2,200.00
Phase 3 Geophysical Equipment Rent $1,000.00 0.0 $1,000.00
Groundwater Transducer Rental $1,200.00 0.0 $1,200.00
GPS Unit Rental ($75 Per Day)$150.00 0.0 $150.00
Water Level Rental ($30 Per Day)$150.00 0.0 $150.00
Private Utility Locator $750.00 1.0 $750.00
Total Expenses $38,640
CONTRACT TOTAL $109,908
HOURLY COSTS
REIMBURSABLES
Exhibit E-5
Subconsultant Fee Determination Summary
AGENDA ITEM #6. l)
July 16, 2024
HWA GeoSciences, Inc.
21312 30th Dr SE, Suite 110
Bothell, WA 98021
Subject: Acceptance FYE 2023 ICR – CPA Report
Dear Tracy Brodahl:
We have accepted your firm’s FYE 2023 Indirect Cost Rate (ICR) of 187.24% (rate includes
1.03% Facilities Capital Cost of Money) based on the “Independent CPA Report” prepared by T-
Max CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in
Washington only. This rate may be subject to additional review if considered necessary by
WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms
and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 704-6397 or via email
consultantrates@wsdot.wa.gov.
Regards,
SCHATZIE HARVEY, CPA
Contract Services Manager
SH: sms
Exhibit E-5 AGENDA ITEM #6. l)
Agreement Number ____________ Local Agency A&E Professional Services Cost
Plus Fixed Fee Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include
Modal Operating Administration specific program requirements.]
4.Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/or
b.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
AGENDA ITEM #6. l)
Local Agency A&E Professional Services Agreement Number ____________
Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
AGENDA ITEM #6. l)
Exhibit G
Certification Documents
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of __City of Renton (Agency)_____________________________
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
AGENDA ITEM #6. l)
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
whose address is
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
President
AGENDA ITEM #6. l)
Exhibit G-1(b) Certification of
I hereby certify that I am the:
Other
of the , and
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
AGENDA ITEM #6. l)
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D.Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II.Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
President
AGENDA ITEM #6. l)
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
President
AGENDA ITEM #6. l)
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s
representative in support of * are accurate, complete, and current
as of 12/20/2024 **.
This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing
rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm:
Signature Title
Date of Execution***:
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021
AGENDA ITEM #6. l)
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $ .
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ .
Such insurance coverage shall be evidenced by one of the following methods:
•Certificate of Insurance.
•Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $ .
Include all costs, fee increase, premiums.
This cost shall not be billed against an FHWA funded project.
•For final contracts, include this exhibit.
Agreement Number:
Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1
NOT APPLICABLE AGENDA ITEM #6. l)
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant’s agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
AGENDA ITEM #6. l)
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
AGENDA ITEM #6. l)
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
•Summation of hours by classification for each firm that is included in the claim;
Any correspondence that directed the consultant to perform the additional work;
Timeframe of the additional work that was outside of the project scope;
•Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency’s project manager. The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2
AGENDA ITEM #6. l)
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
•Agency’s summation of hours by classification for each firm that should be included in the claim;
Any correspondence that directed the consultant to perform the additional work;
•Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
•Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s); and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2
AGENDA ITEM #6. l)
AB - 3751
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: 2025-2026 ORCA Business Cards and Business Passport Products
Agreement
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Ellen Talbo, Transportation Planning Manager
EXT.: 7219
FISCAL IMPACT SUMMARY:
This agreement allows for the purchase of 380 ORCA passes for use by eligible City employees for a total cost
of $117,949.20. The cost of the agreement will be charged to the Commute Trip Reduction (CTR) Transit
account number 003.000000.016.595.92.43.005 in the Transportation Planning & Programming Operating
Fund. There are sufficient funds available to cover the cost of the agreement.
SUMMARY OF ACTION:
In order to reduce congestion and improve air quality, Washington State passed a Commute Trip Reduction
(CTR) Law in the early 1990s as part of the Clean Air Act. Under the CTR law, the City of Renton is classified as
a CTR affected employer.
To that end, historically the City has entered into annual agreements with transit agencies to purchase public
transit passes in bulk at a reduced rate. These passes are provided to each regular City employee as a core
fundamental piece of the City’s CTR Program. The ORCA Business Passport offers unlimited rides on Sound
Transit, King County Metro Transit, Pierce Transit and others. It covers travel on buses, light rail and
commuter rail. In addition, it features 100% subsidies for vanpool and vanshare participants of King County
Metro, Community, Kitsap and Pierce transit vehicles, as well as a Guaranteed Ride Home Program (free
emergency taxi service for employees). There is a significant savings over buying transit passes through other
means.
The cost for the time period of March 1,2025 to February 28,2026 is $332.04 per eligible employee. The cost
for the previous year was $300.94 per eligible employee. The price increased per employee this year due to
the per employee rate being calculated on our ORCA Business Passport customer’s employees’ actual usage in
2024-2025 plus administrative costs minus a discount. The total cost also reflects an increase to 355 Eligible
Employees this contract year (from 348 Eligible Employees in the 2023 – 2024 contract), plus 25 additional
passes at a cost of $3.00 each to be issued as replacements for old and expired cards that require a reissue.
EXHIBITS:
A. 2025-2026 ORCA Business Cards and Business Passports Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the 2025-2026 ORCA Business Cards and Business Passports
Agreement
AGENDA ITEM #6. m)
ORCA Business Passport Agreement Page 1 of 27
City of Renton - BAID : 2480
Program Term : 3/1/2025 - 2/28/2026
A GREEMENT FOR P URCHASE OF ORCA B USINESS CARDS AND
ORCA BUSINESS PASSPORT P RODUCTS
THIS AGREEMENT (hereinafter, “Agreement”) is made and entered into by and among City of
Renton ("Business Account") and King County Metro ("Lead Agency") on behalf of the following
agencies, individually referred to as the “Agency” and collectively as the "Agencies" in this
Agreement.
The Snohomish County Public Transportation Benefit Area (“Community Transit”)
The City of Everett (“Everett Transit”)
The King County Metro Transit Department (“King County Metro”)
The Kitsap County Public Transportation Benefit Area (“Kitsap Transit”)
Pierce County Public Transportation Benefit Area Corporation (“Pierce Transit”)
The Central Puget Sound Regional Transit Authority (“Sound Transit”)
The Washington State Department of Transportation, Ferries Division ("Washington
State Ferries")
IN CONSIDERATION of the mutual covenants contained herein, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1.0 PURPOSE
1.1 This Agreement establishes the terms under which certain fare payment -related services,
referred to herein as "ORCA Services," will be provided to the Business Account, including
but not limited to the prices and terms under which the Business Account may purchase
and distribute ORCA Business Cards loaded with a Business Passport Product to its
Eligible Business Cardholders. Such ORCA Business Cards may be used to access
certain Transportation Services of the Agencies. The specific ridership privileges
applicable to the Business Passport Product provided under this Agreement are specified
in Attachment 1, Products, Pricing and Terms, which is incorporated in this Agreement by
this reference, and are subject to Sections 6 and 18 below. Businesses must at a minimum
cover all benefits-eligible employees except those who work 100% remote. Additional
participants can be included. Eligibility is defined in Attachment 3 Eligible Participants.
1.2 Attachment 1 also establishes the terms under which specific optional products and
services (e.g. use of an ORCA Business Card on vanpool; a guaranteed ride home
program per Attachment 6 Guaranteed Ride Home, attached hereto), if any, shall be
provided by one or more individual Agencies.
1.3 This Agreement also enables the Business Account to purchase Business Choice
Products from the Agencies, via the myORCA.com website, at the prices and terms in
effect at the time of purchase.
1.4 The Business Account understands and agrees that this Agreement applies to its use of
ORCA Services including, but not limited to, its purchase of ORCA Business Cards and
ORCA Products. This Agreement does not constitute a contract for transportation
services. The Agencies have no obligation to the Business Account or any other entity or
person to provide any particular level, frequency or routing of transportation service.
AGENDA ITEM #6. m)
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City of Renton - BAID : 2480
Program Term : 3/1/2025 - 2/28/2026
2.0 TERM OF AGREEMENT AND CONTACT PERSONS
2.1 This Agreement shall take effect upon the effective date specified in Attachment 1. Unless
terminated in accordance with Section 14, this Agreement shall expire on the last day of
the Program Term specified in Attachment 1, or an Amended Attachment 1 that has been
signed by a person authorized to bind the Business Account.
2.2 The Business Account shall designate a Primary Contact Person in Attachment 2
Designated Representatives, which is incorporated in this Agreement by this reference.
This Primary Contact Person shall be responsible for managing the Business Account's
roles and responsibilities under this Agreement. A Secondary Contact Person shall also
be designated in Attachment 2. The Lead Agency may communicate with and rely upon
either the Primary or Secondary Contact Person on matters relating to this Agreement.
3.0 DEFINITIONS
3.1 Business Account. The organization, educational or human services institution,
government agency or other entity that has entered into this Agreement enabling it to
purchase ORCA Business Cards and ORCA Products for distribution to their employees,
students, clients or other constituency.
3.2 Business Choice Products. The ORCA Products that may be purchased at retail prices to
supplement the ORCA Business Passport Product for one or more Business Cardholders
(e.g. a WSF monthly pass).
3.3 Business Cardholder(s) or Cardholder(s). The individual(s) whose ORCA cards are loaded
by and/or may be provided by the Business Account.
3.4 Business Passport Product. The ORCA Product loaded on the Business Account's ORCA
Business Cards under this Agreement that provides the Business Cardholders an
unlimited right-to-ride the regularly scheduled Transportation Services of, or operated by,
certain Agencies to the extent specified in Attachment 1.
3.5 Card Close. An ORCA system action that permanently invalidates an ORCA Card. The
Business Account, Lead Agency or Cardholder with access may close cards.
3.6 Card Lock. An ORCA system action that prevents an ORCA Business Card from being
used until the action is reversed. The Business Account, Lead Agency or Cardholder with
access can lock and unlock cards.
3.7 Card Link: An ORCA system action that links or unlinks a card to the business account.
On the ORCA website , these actions are called “add card” and “remove card.”
3.8 Conversion. When a plastic ORCA Card is permanently turned into a digital card in a
Digital Wallet.
3.9 Digital Wallet. A software application owned and offered by a third -party provider that
stores a Customer’s ORCA Card as a fare payment credential.
3.10 Digital Wallet Provider. A third-party entity that provides digital wallet products and
services that enable Cardholders to store their ORCA Card in a Digital Wallet.
3.11 Lead Agency. The Agency that entered into this Agreement on behalf of itself and the
other Agencies and, except as otherwise provided in this Agreement, is responsible for
AGENDA ITEM #6. m)
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administration of this Agreement on behalf of the Agencies, including contract
modifications and renewals, and ORCA system support.
3.12 ORCA. The trademarked name of the system that enables use of a common fare card on
the public transportation services provided by any of the Agencies.
3.13 ORCA Business Card (or “Business Card” or “ORCA Card”). An ORCA fare card managed
by a Business Account to enable the loading of ORCA Products for use by a Cardholder
to whom it was distributed by the Business Account to access Transportation Services as
specified in Attachment 1. These cards must be purchased with the business card profile
of full access or the account must be set to have the global ownership flag. The fare card
may be a physical card or if approved by the Lead Agency, a virtual fare card application.
3.14 ORCA Website. The myORCA.com website used by the Business Account to manage its
account.
3.15 Load-Only ORCA Card. An ORCA fare card managed by an individual which can be linked
to a Business Account with load -only privileges. Load-only privileges allow the Business
Account to load products and/or E -purse value. The Business Account does not have the
ability to close the card, transfer card balances or check card balance
3.16 ORCA Products. Any transit fare payment mechanism offered for sale within the ORCA
system by any of the Agencies. Examples include, but are not limited to, monthly or period
pass, and E-purse.
3.17 ORCA Services. The materials and services that may be provided, from time to time, under
the ORCA program, including but not limited to the ORCA Business Cards, ORCA
Products, ORCA Websites, data, information, and any equipment, systems and services
related to the ORCA program.
3.18 Parties. The Business Account and the Agencies (which include the Lead Agency)
referred to herein collectively as the "Parties" and individually as a “Party.”
3.19 Replacement. An original ORCA Card has been replaced with a new one, so the original
ORCA Card is no longer usable.
3.20 Transportation Services. Those public transportation services provided by the Agencies
that are specified in Attachment 1.
4.0 PRICES AND PAYMENT TERMS
The prices and payment terms applicable to this Agreement are specified in Attachment 1. Such
terms shall include: (a) the amounts due for the Business Cards, Business Passport Product, and
any other products, services and fees and (b) the timing of paymen ts. Each order submitted by
the Business Account for ORCA Business Cards and/or any ORCA Products will be subject to
the provisions of this Agreement.
4.1 The Business Account's purchase of any Business Choice Products via the myORCA.com
website will be at the prices and terms in effect at the time of order. The Business Account
is responsible for reviewing the prices in effect before submitting each order a nd shall be
deemed to have agreed to the then -applicable prices by submitting the order.
4.2 Payment in full is due as specified in Attachment 1.
AGENDA ITEM #6. m)
ORCA Business Passport Agreement Page 4 of 27
City of Renton - BAID : 2480
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4.3 If for any reason payment in full is not received by the date due, if a payment is not honored
due to non-sufficient funds (NSF), or if for any reason a payment is negated or reversed,
Sound Transit, on behalf of the Lead Agency, will notify the Business A ccount of the
payment problem and if full and clear payment is not received within ten (10) days of such
notification, the Lead Agency may;
4.3.1. Refuse to process new orders for ORCA Business Cards and lock the loading of
new ORCA Products by or for the Business Account;
4.3.2 Assess any late payment, NSF and collection fees to the maximum amount
permitted by law;
4.3.3 Initiate a Card Lock on the Business Cards issued to the Business Account,
rendering them ineffective for use by the Cardholders, until such time as the
Business Account pays the full amount due, including any late payment, NSF and
fees, in a manner acceptable to the Lead Agency; and
4.3.4 Suspend or terminate access rights to the Business Account's secured area of the
website.
4.4 In addition to any other obligations it may have under this Agreement and at law, the
Business Account agrees to pay to the Lead Agency any reasonable court costs, attorney
fees and collection fees incurred in collecting amounts due from the Business Account.
4.5 Regardless of the payment terms, the entire contract value will be billed in a single invoice
number. The Business Account will not receive additional invoices for quarterly and bi -
annual payment terms.
4.6 Sound Transit, on behalf of the Lead Agencies, will be responsible for invoicing and
receiving amounts due per this Agreement, unless otherwise described in this Agreement.
Invoices will be available either through email or standard mail only. Invoices will
eventually be available via the ORCA website. Sound Transit (or the Lead Agent) will not
be able to accommodate requests to submit invoices through vendor payment portals.
Payments will be remitted to:
ORCA c/o Central Puget Sound Regional Transit
LB 1194
PO BOX 35146
Seattle, WA 98124 -5146
Wire /ACH instructions will also be available.
5.0 PURCHASE, OWNERSHIP, DISTRIBUTION AND REPLACEMENT OF ORCA
BUSINESS CARDS
5.1 Ordering ORCA Business Cards . The Business Account shall order ORCA Business
Cards via the ORCA Business Accounts Website, in accordance with the directions
provided on that website, and shall make payment as provided in Attachment 1. If
additional cards are required, the Business Ac count may be required to pay the standard
card fee and other applicable fees as specified in Attachment 1.
5.2 Receipt and Ownership of ORCA Business Cards . Upon actual or constructive receipt of
the ORCA Business Cards it has ordered, the Business Account shall be responsible for
the management of the ORCA Business Cards. The Business Account shall be deemed
AGENDA ITEM #6. m)
ORCA Business Passport Agreement Page 5 of 27
City of Renton - BAID : 2480
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to have constructively received all ordered ORCA Business Cards unless it notifies the
Lead Agency of any non-delivery or incorrect delivery within thirty (30) days after the order
was placed. If the Business Account notifies the Lead Agency that it has no t received the
ordered cards, the Lead Agency will ship a replacement order. If the Business Account
subsequently receives the cards reported as missing, the Business Account is responsible
for returning them to the Lead Agency.
5.3 Storage and Risk of Loss. The Business Account is responsible for the storage,
distribution and use of the ORCA Business Cards issued to it. The Business Account bears
the sole risk of any loss, damage, theft or unauthorized use of one of its cards, whether
such card is held in its inventory or has been distributed for use. The Business Account is
responsible for the cost of any use of its Business Cards until the effective date of a Card
Close or Card Lock that may be initiated as provided below.
5.4 Distance Based Transit Fare. The Business Account is responsible for communicating to
Cardholders that “distance based fares” are charged on some systems such as: Link light
rail, and Sounder commuter rail systems. On distance based fare modes, when the
Cardholder “taps on,” the ORC A system will record the trip to the last stop on the line.
When the Cardholder “taps off” at the end of the ride, ORCA will record the actual ride.
The Business Account then will be charged the correct fare for the actual ride t aken. If the
Cardholder fails to “tap off”, then ORCA will record a ride to the end of the line. The result
of not “tapping off” is that the Business Account will be charged the largest fare for the ride
even if a shorter ride was taken.
5.5 Distribution of ORCA Business Cards. The Business Account is responsible for distributing
its Business Cards for use by its Eligible Business Cardholders. The Business Account
manages all Business Cards it distributes but a cardholder may also purchase and load
individual ORCA products on a Business Card. The Business Account understands that a
Business Card it distributes to a Cardholder may be linked by the Cardholder to
his/her/their personal account on myorca.com as provided in Section 6. The Business
Account may not register the Business Cards that are issued under this Agreement to a
personal account. If the Business Account opts into Digital Cards, there are additional
terms and conditions below in section 5.11.
The Business Account shall require that the Cardholder, as a condition of receiving a
Business Card, be informed of the Cardholder Rules of Use, incorporated in this
Agreement as Attachment 4 ORCA Business Cardholder Rules of Use, through the
Business Account’s’ standard means of communicating policies.
The Business Account understands and agrees that it is solely responsible for
implementation and enforcement of the Cardholder Rules of Use.
5.6 Proof of payment. The Business Account is responsible for notifying Cardholders that
proof of payment must be made by tapping the ORCA Card on the card reader in the
manner required by each Agency; otherwise, the Cardholder may be subject to a fine if
the ORCA Card is not tapped, and the Cardholder will be personally responsible for any
fines that may be imposed.
5.7 Business Account Access to Personally Identifying Information . If an individual Cardholder
opts to register one of the Business Cards issued to the Business Account, any personally
identifying information provided to the ORCA System (e.g. name, address, telephone
number, and credit card number) will not be accessibl e by the Business Account. If the
Business Account collects any personally identifying information about individuals to
whom it has distributed Business Cards, the Business Account is solely resp onsible for its
collection, use, storage and disclosure of such information.
AGENDA ITEM #6. m)
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City of Renton - BAID : 2480
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5.8 Card Locks and Card Close. In the event a Business Card is determined to be lost or
stolen or if a Cardholder is determined by the Business Account to be no longer eligible to
use the card, the Business Account may initiate a Card Lock, which is reversible action,
or a Card Close, which is a permanent action, via the myORCA.com website to invalidate
the subject Business Card. The Lead Agency may also initiate a Card Lock or Card Close
to any of the Business Account’s Business Cards at the request of the Bus iness Account,
or at the sole discretion of the Lead Agency in accordance with Section 4.3, or if it is
suspected that a card has been altered, duplicated, counterfeited, stolen or used by an
ineligible Cardholder.
5.9 Restoration of Value After Card is Locked or Closed. Following a Card Lock, a Business
Account can transfer remaining funds and products onto a replacement card. Business
Account will be responsible for card replacement fee.
5.10 Card Replacement. The Business Account is responsible for ordering and paying for any
new plastic cards needed to replace Business Cards that for any reason cease to be
available or suitable for use by the Cardholders under the program of the Business
Account, including but not limited to, if the unavailability or unsuitability is caused by
damage, abuse, loss, theft, Card Close, and end of useful life. Provided, however, and
notwithstanding the exclusion of warranties in Section 15, if a Business Card malfunctions
within twelve (12) months after it was delivered to the Business Account, it shall be
replaced by the Lead Agency without additional charge to the Business Account if the
malfunction was caused by a defect in design, material or workmanship and was not
caused by misuse, an intentional act, negligence or damage, reasonable wear and tear
excepted. The Business Account understands and agrees that to avoid the disruption and
inconvenience caused by sporadic failures as its cards are used, it must plan for
replacement of its Business Cards on a regular basis . As a condition of continuing under
the Business Passport program, the Business Account agrees that it will purchase
replacement Business Cards at the then -applicable rate.
5.11 Digital ORCA Cards. The Business Account may choose to participate in allowing
Cardholders under the Business Account to use digital ORCA Cards. This section 5.11
only applies if a Business Account has opted in and worked with the Lead Agency to
enable the account for Digital Cards.
When an ORCA Card is Converted from a plastic ORCA Card to a Digital Card, permanent
possession of the card transfers from the Business Account to the Cardholder; however,
the Business Account retains ownership of the products, funds, and full control over the
digital ORCA Card until it is unlinked or closed by the Business Account. The ORCA Card
number assigned to the plastic card will change to a new number that is generated by the
Digital Wallet Provider. Business Accounts can track card changes on the ORCA website.
There is no cost or fee to Convert a plastic ORCA Card to a Digital Card.
When a Digital Card needs to be Replaced due to the Cardholder losing access to their
Digital Wallet, the Business Account must purchase a new plastic card, link it to the
Cardholder, and the Cardholder may then Convert it to a new Digital Card .. Once the
capability to directly issue Cardholders to new Digital Cards becomes available in the
system, purchasing a new plastic card will not be necessary or required.
Business Accounts are required to monitor and manage changes to ORCA Card numbers
during Conversion and Replacement.
AGENDA ITEM #6. m)
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Unlike plastic cards, it is not technically feasible for Digital Cards to show specific business
logos.
6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS
Cardholder Privileges. The Business Account understands and agrees that the Cardholder has
the following privileges in connection with the use of an ORCA Business Card.
6.1 The Cardholder may present an ORCA Business Card, loaded with a valid, applicable
Business Passport or Business Choice Product, to an ORCA fare transaction processor
as proof of payment of all or a portion of a required fare on a regular transportation service
operated by one or more of the Agencies. (Provided, however, an ORCA Product that is
not sufficient to fully pay a fare will not be accepted as partial payment by the Washington
State Ferries.) In all cases, a Cardholder will be required to make other payment to the
extent a fare is not covered by an ORCA Product.
6.2 The Cardholder may individually purchase ORCA Products and load them on the Business
Card in addition to any ORCA Product loaded by the Business Account. Individual ORCA
Products may be used to pay all or a portion of a required fare on a transportation se rvice
not covered by a Business Passport Product or Business Choice Product. (Provided,
however, an ORCA Product that is not sufficient to fully pay a fare will not be accepted as
partial payment by the Washington State Ferries.) In all cases, a Cardholder will be
required to make other payment to the extent a fare is not covered by an ORCA Product.
6.3 The Cardholder may link his/her/their name and other contact information with the ORCA
system and link such personal information to the serial number of the Business Card
provided to him/her. Such registration does not give the Cardholder full access to th e card
but may give the Cardholder the right to access the myORCA.com website to view the
card's transaction history and current stored value, and to add retail products. See
additional terms in Section 5.11 above for Digital Cards.
6.4 The Cardholder’s personally identifying information is generally exempt from disclosure
under the Washington Public Records Act (Chapter 42.56 RCW) as more specifically
outlined in RCW 42.56.330(5).
7.0 BUSINESS RESPONSIBILITIES AND PRIVILEGES RELATING TO LOAD -ONLY
CARDS
7.1 The Business Account understands that if it links an individual’s ORCA card to their
Business Account with load -only privileges the Business Account will have limited access.
The Business Account will be able to load products and/or E -purse on the account and
unlink the card from its account. The Business Account will not be able to close the card,
transfer products and/or E -purse value, or view card balance. See additional terms in
Section 5.11 above for Digital Cards .
7.2 When the load -only card holder is no longer eligible for a transit benefit, the Business
Account is responsible for unlinking the card from their account.
8.0 NO RETURNS OR REFUNDS
Except as otherwise provided herein or in Section 14.2, the Business Account understands and
agrees that its purchases of Business Cards, and Business Passport or Business Choice products
purchased for such cards, are final and it is not entitled to any re funds. However, the Business
Account may request a refund of the E -purse value remaining on a Business Card if the card is
closed. The Lead Agency shall initiate a Card Close and the refund will be processed
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approximately ten (10) days after the Card Close was initiated. A processing fee of ten dollars
($10) may be payable by the Business Account to the Lead Agency for each refund that is
processed, regardless of number of cards refunded. The Business Account, not the Lead Agency,
is responsible for the refunding of such E -purse value, if any, to the individual Cardholder to whom
the Business Card had been distributed.
9.0 BUSINESS ACCOUNT WEBSITE
9.1. The myORCA.com website is the primary means by which the Business Account shall
purchase ORCA Business Cards, Business Passport and Business Choice Products,
manage its Business Cards and obtain information about the use of said cards. As a
condition of participation in the Business Passport program, the Business Account agrees
that it will use the myORCA.com website when it is available and that each access and
use of said website shall be subject to the ORCA Terms of Use and ORCA Privacy
Statement that ar e in effect and posted on the myORCA.com website at the time of such
access and use.
9.2. The Business Account understands and agrees that uninterrupted access to and use of
the myORCA.com website is not guaranteed and agrees that it will contact its
representative at the Lead Agency by email or telephone if the website is not available.
9.3. At the time the Business Account enters into the ORCA program, the Business Account’s
Primary Contact (Super Admin) will be provided a password to access myorca.com. The
Super Admin will be responsible for adding additional admins to the Business Account.
The Business Account is solely responsible for managing their account’s users. The
Business Account is also solely responsible for complying with the security standards
specified in Attachment 5 ORCA Business Account Security Standards , which is
incorporated in this Agreement by this reference.
10.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM
10.1 The Business Account understands and agrees that the data, reports or any information
provided to it via the myORCA.com website or otherwise, is and remains the sole property
of the Agencies and nothing shall be construed as a transfer or grant of any copy right or
other property interest in such data, reports or information. The Agencies hereby grant to
the Business Account a non -exclusive license to use any data, reports or information
provided by the Agencies, via the myORCA.com website or otherwise, for any lawful
purpose related to the administration of the transportation benefits program of the
Business Account.
10.2 The ORCA System will record data each time an ORCA Business Card is presented to an
ORCA device for fare payment and to load a product. Such transaction data includes, but
is not limited to, the date, time, and location (or route) of the transaction. The B usiness
Account may routinely access such transaction data related to its Business Cards to the
extent provided via the myORCA.com website. Said website and its reports do not provide
the Business Account Business Card transaction data linked to card seria l numbers. All
data provided to the Business Account is subject to the ORCA privacy policy posted on
the ORCA website. For the purpose of preventing fraud, the Primary Contact Person of
the Business Account may submit a written request to the Lead Agency for transaction
data related to a specific card number or for a card number linked to a specific transaction.
Fraud is defined as intentional deception or misrepresentation by a person with knowledge
that it will result in an unauthorized benefit to him, her, or some other person. The submittal
is not intended to be used to request data for multiple cards or all cards managed by the
Business Account. The written request shall include the following:
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10.2.1 Card number or the date, time and other known details about the specific
transaction for which a card serial number is being requested;
10.2.2 Detailed statement as to why the information is germane to the prevention of fraud;
and
10.2.3 The signature of the Primary Contact Person.
If the Lead Agency determines that the subject transaction(s) is linked to a
Business Card issued to the Business Account, the Lead Agency will provide the
Business Account with the card serial number linked to the requested
transaction(s). The Business Ac count agrees that it will use such card serial
number information only for purposes of enforcing the Rules of Use, as provided
to the Cardholder. The Business Account must maintain its own records if it wishes
to identify the card serial number issued to an individual.
11.0 PUBLIC RECORDS
The Business Account understands and agrees that all records related to its participation in the
ORCA System are public records under the Washington Public Records Act (Chapter 42.56
RCW) ("Act"), including but not limited to: (a) this Agreement and the sa les activity hereunder; (b)
the orders, communications, and any other information provided by the Business Account to the
Lead Agency, the other Agencies or the ORCA System, whether provided via this website or
otherwise and whether provided in hard copy o r electronic form; (c) any communications,
responses, requests, reports or information of any kind provided to the Business Account from
the Lead Agency, the other Agencies or the ORCA System; and (d) all data, reports and
information of any kind related to the loading of products on, and the use of, the Business Cards
issued to the Business Account. As public records, these records will be made available for public
inspection and copying upon request, unless the Lead Agency determines they are exempt from
disclosure.
12.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT
The Business Account is encouraged to collect Business Cards from Cardholders who are no
longer eligible for the Business Account's transportation benefits program. In any case, the
Business Account is solely responsible for initiating a Card Lock or Closing a Card in accordance
with this Agreement to prevent any continued use of, and financial liability for, a card that had
been distributed to a person who is no longer eligible.
13.0 ORCA SERVICES SUBJECT TO CHANGE
The Agencies seek to continually improve and enhance the ORCA Services. With thousands of
organizations, schools, and other entities entering into business account agreements at varying
dates in the year, the Agencies are unable to guarantee to each business account that the ORCA
Services will not change during the term of its agreement. The Business Account understands
and agrees that one or more ORCA Services may be changed, suspended or terminated from
time to time without prior notice to, or agreement by, the Business Account, including but not
limited to changes in the look, feel, content and functions of the myORCA.com website. If the
Business Account is dissatisfied with a change in the ORCA Services, however, it may terminate
this Agreement for its convenience in accordance with the provisions of Section 14.2.
14.0 TERMINATION OR SUSPENSION
14.1 The Lead Agency may at any time terminate this Agreement if the Business Account fails
to make timely and effective payment of all amounts due, or otherwise materially breaches
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the Agreement, or acts in manner indicating that it intends to not comply, or is unable to
comply, with the Agreement. Prior to termination, the Lead Agency may suspend the
Business Account website access privileges, lock the Business Cards issued to the
Business Account, and/or decline to accept and fulfill any pending or new orders from the
Business Account. Suspension can be reversed without terminating the contract, if the
Business Account makes outstanding payments or comes into compliance.To effect such
a termination or suspension for cause, the Lead Agency shall send email notice to the last
known email address for the last known Primary Contact Person of the Busin ess Account
describing the manner in which the Business Account is in default and the effective date
of termination or suspension. If the basis for termination or suspension is a failure to
perform that can be cured, the termination shall not take effect so long as the Business
Account cures the default within ten (10) days of the sending of the email notice. Upon the
effective date of such termination or suspension, the Lead Agency may immediately
terminate or suspend the website access privileges of the B usiness Account,Lock or
Unlink the Business Cards issued to the Business Account and decline to accept and fulfill
any pending or new orders from the Business Account. In the event of such a termination
or suspension for cause, the Business Account shall not be entitled to any refund of any
amounts paid.
14.2 Either the Business Account or the Lead Agency may terminate the Agreement without
cause and for its own convenience by sending the other Party written or email notice at
least thirty (30) days in advance of the effective date of the termination. Upon rece ipt of a
notice of termination for convenience from the Business Account, the Lead Agency may,
in its sole discretion, waive the advance notice period and immediately terminate the
website access privileges of the Business Account, initiate a Card Lock or Card Unlink on
the Business Cards issued to the Business Account, and decline to accept and fulfill any
pending or new orders from the Business Account. In the event of such a termination for
convenience and not cause, the amounts due under this Agreement shall be calculated
by the Lead Agency. (The amounts due for the ORCA Passport Product and any optional
products listed in Attachment 1 shall be the annual amounts due prorated for the number
of months during which the Passport Product and optional product s were valid for at least
one day.) If the Business Account has not paid in full all of the amounts due under this
Agreement as of the termination date, the Business Account shall immediately pay the
remaining amount due. If the Business Account has paid more than all of the amounts due
under this Agreement as of the termination date, the Business Account shall be entitled to
a refund of the excess it has paid.
14.3 Notwithstanding any termination of the Agreement, the Business Account shall remain
liable to satisfy and comply with all of its obligations under this Agreement and at law with
regard to, or arising out of, any orders submitted or any of its acts or omiss ions occurring
prior to the effective date of the termination, including but not limited to paying all amounts
due or incurred prior to the effective date of the termination and any fees, charges,
collection costs or other costs arising from a failure to make timely and effective payment.
15.0 EXCLUSION OF WARRANTIES
15.1 ALL ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE” BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS
ACCOUNT'S SOLE DISCRETION AND RISK.
15.2 BY WAY OF EXAMPLE, AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF
THE OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT
THAT:
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A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE
UNINTERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE
MEETING ITS REQUIREMENTS;
B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT
OF USING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND
C. ANY USE OF THE ORCA WEBSITE, INCLUDING BUT NOT LIMITED TO THE
CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITE, WILL BE
FREE OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY
HARMFUL INTRUSIONS.
15.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND EACH OF THE
OTHER AGENCIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY
WARRANTIES OF QUIET ENJOYMENT OR NON -INFRINGEMENT; AND ANY
WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE
OF PERFORMANCE.
15.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
THE AGENCIES OR THE ORCA SYSTEM SHALL REVISE OR CREATE ANY
WARRANTY.
16.0 NOTICES
16.1 Any notice required to be given under the terms of this Agreement shall be directed either
by email or regular mail to the Parties’ Designated Representatives, as specified in
Attachment 2, or to the last person and address provided by a Party in accordance with
Section 16.2.
16.2 Each Party shall immediately notify the other Parties of any changes to its Designated
Representatives' contact information. The Business Account shall also immediately notify
the Lead Agency of any changes in any other information provided in its application.
17.0 FORCE MAJEURE
The Agencies and each of them shall be relieved of any obligations under this Agreement to the
extent they are rendered unable to perform, or comply with such obligations as a direct or indirect
result of a force majeure event, or any other circumstance not within such party’s control,
including, but not limited to, acts of nature, pandemics, acts o f civil or military authorities, terrorism,
fire or water damage, accidents, labor disputes or actions, shutdowns for purpose of emergency
repairs, or industrial, civil or public disturbances.
18.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES
The purchase, distribution and use of Business Cards and ORCA Products by the Business
Account and its Cardholders, and access to and use of the ORCA website, shall be subject to all
applicable federal, state and local law, regulations, ordinances, codes and policies, i ncluding but
not limited to the ORCA Cardholder Terms of Use and ORCA Privacy Statement (posted on the
ORCA website and available in printed form upon request to the Lead Agency), and the Agencies'
respective fares, transfer rules, codes of conduct and oth er operating policies and procedures.
19.0 PROHIBITED DISCRIMINATION
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The Business Account shall not discriminate on the basis of race, color, sex, religion, nationality,
creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical
handicap in the administration of its transportation benefi ts program, the provision of ORCA
Business Cards and ORCA Products, or the performance of any acts under this Agreement. The
Business Account shall comply fully with all applicable federal, state and local laws, ordinances,
executive orders and regulations which prohibit such discrimination.
20.0 COMPLIANCE WITH APPLICABLE LAW
The Business Account shall be solely responsible for compliance with all applicable federal, state
and local laws, regulations, resolutions and ordinances, including, but not limited to, any
provisions relating to the Business Account's provision of compen sation, benefits or services to
employees or others (e.g. including, but not limited to, transportation fringe benefits) and any
reporting, tax withholding, or other obligations related thereto. The Business Account expressly
acknowledges and agrees that i t has not relied on any representations or statements by the
Agencies and will not rely on them to provide any legal, accounting, tax or other advice with regard
to the Business Account's provision of compensation, benefits or services to employees or othe rs
(e.g. including, but not limited to, transportation fringe benefits) and any reporting, withholding or
other obligations related thereto.
21.0 LEGAL RELATIONS
21.1 No Partnership, Agency or Employment Relationship Formed . The Business Account and
the Agencies are independent parties and nothing in this Agreement shall be construed
as creating any joint venture, partnership, agency or employment relationship between
and among them or their respective employees. Without lim iting the foregoing, the
Business Account understands and agrees that none of its employees or agents shall be
deemed employees or agent, for any purpose, of any of the Agencies and the Business
Account is solely responsible for the acts of its agents and employees and their
compensation, wages, withholdings and benefits.
21.2 LIMITATION ON LIABILITY
A. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE
LIABLE FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY
HARMLESS FROM, ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED
TO:
1. ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
INFORMATION PROVIDED TO THE BUSINESS ACCOUNT BY OR
THROUGH THE ORCA SERVICES;
2. ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR
PERMANENT CESSATION OF ANY SUCH SERVICES (OR FEATURES
WITHIN A SERVICE);
3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
INFORMATION MADE AVAILABLE TO THE BUSINESS ACCOUNT, OR
GENERATED BY THE USE OF THE ORCA SERVICES UNDER THIS
AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE USE OF THE
ORCA BUSINESS CARDS ISSUED UNDER THIS AGREEMENT;
4. THE BUSINESS ACCOUNT'S FAILURE TO PROVIDE THE LEAD
AGENCY WITH ACCURATE ACCOUNT INFORMATION; AND
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5. THE BUSINESS ACCOUNT’S FAILURE TO KEEP INFORMATION
SECURE AND CONFIDENTIAL.
B. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE
LIABLE FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY
HARMLESS FROM, ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCURRED BY THE
BUSINESS ACCOUNT UNDER ANY THEORY OF LIAIBILITY, INCLUDING BUT
NOT LIMITED TO LOSS OF USE, LOSS OF TIME , LOSS OF PROFITS, LOSS
OF PRIVACY, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS
REPUTATION, WHEN SUCH DAMAGES ARISE OUT OF, OR ARE RELATED
TO, THIS AGREEMENT OR THE ORCA SERVICES, WHETHER OR NOT ONE
OR MORE AGENCIES HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN
AWARE OF, THE POSSIBILITY OF ANY SUCH DAMAGES ARISING.
C. TO THE EXTENT ONE OR MORE OF THE AGENCIES INCURS ANY LIABILITY
FOR A BREACH OF THIS AGREEMENT, OR ANY DUTY RELATED TO THE
ORCA SERVICES, AND SUCH LIABILITY THAT IS NOT EXCLUDED UNDER
THE TERMS OF THIS AGREEMENT, THE EXCLUSIVE, AGGREGATE REMEDY
AGAINST THE LEAD AGENCY AND EACH OTHER AGENCY WILL BE, AT THE
OPTION OF THE APPLICABLE AGENCIES: (A) THE CORRECTION,
SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE ORCA
SERVICES GIVING RISE TO THE BREACH, OR (B) A REFUND OF THE
AMOUNT PAID BY THE BUSINESS ACCOUN T FOR THE ORCA SERVICE
CAUSING THE DAMAGE, THE AMOUNT OF WHICH WILL NOT EXCEED THE
DAMAGES (OTHER THAN THOSE EXCLUDED ABOVE) ACTUALLY
INCURRED BY THE BUSINESS ACCOUNT IN REASONABLE RELIANCE.
THE DAMAGE EXCLUSIONS AND LIMITATIONS ON LIABILITY IN
THE AGREEMENT SHALL APPLY EVEN IF ANY REMEDY FAILS
FOR ITS ESSENTIAL PURPOSE.
21.3 No Waiver. The Business Account agrees that if the Lead Agency does not exercise or
enforce any legal right or remedy which is contained in the Agreement or under applicable
law, this will not be taken to be deemed to be a waiver or modification of the Lea d Agency’s
rights and remedies, and that those rights or remedies will still be available to the Lead
Agency.
21.4 Governing Law and Forum. This Agreement and all provisions hereof shall be interpreted
and enforced in accordance with, and governed by, the applicable law of the State of
Washington and of the United States of America without regard to its conflict of law s
provisions. The exclusive jurisdiction and venue for conducting any legal actions arising
under this Agreement shall reside in either the Federal District Court or the State of
Washington Superior Court, as applicable, that is located in the county in wh ich the Lead
Agency's primary administrative office is located. The Business Account hereby consents
to personal jurisdiction and venue in said courts and waives any right which it might have
to conduct legal actions involving the Agencies in other forums.
21.5 Attorneys' Fees and Costs. In the event of litigation between the parties related to this
Agreement, the Court is authorized to award the substantially prevailing party its costs,
fees and expenses including reasonable attorney fees to the extent authorize d by the
Court and permitted by applicable law.
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21.6 Survival. Sections 4, 5, 10, 15 and 21 shall survive and remain effective notwithstanding
any termination of this Agreement.
21.7 Use of ORCA name and logos. The Business Account understands and agrees that the
"ORCA" name and logos are trademarked and that it will not copy or use them and any
other trade names, trademarks, service marks, logos, domain names, and other distinctive
features or intellectual property of the Agencies without written permission. The Agencies
understand and agree the Business Account name and logo may be trademarked and that
it will not copy or use them and any other trade names, trademarks, service marks, logos,
domain names, and other distinctive features or intellectual property of the Business
Account without written permission.
22.0 SUCCESSORS AND ASSIGNS
This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon
the parties hereto, and their respective successors and assigns; provided, however, no Party may
assign or delegate the duties performed under this Agreement wi thout the written agreement by
the Lead Agency, the Business Account and the assignee.
23.0 ENTIRE AGREEMENT AND WRITTEN AMENDMENTS
This Agreement constitutes the entire agreement between the Business Account and the Lead
Agency, on behalf of all Agencies, related to the Business Account's use of and access to ORCA
Services (but excluding any services which Lead Agency may provide unde r a separate written
agreement), and completely replaces and supersedes any prior oral or written representations or
agreements in relation to fare media consignment and sales or to ORCA Services. No oral
agreements or modifications will be binding on the parties and any changes shall be effective only
upon a written amendment being signed by the parties.
24.0 SEVERABILITY
In the event any provision of this Agreement is determined by a court of competent jurisdiction to
be unenforceable or invalid, then the meaning of that provision shall be construed, to the extent
feasible, to render the provision enforceable, and if no fe asible interpretation would save such
provision, it shall be severed from the remainder of the Agreement which shall remain in full force
and effect unless the provisions that are invalid and unenforceable substantially impair the value
of the entire Agreement to any party.
25.0 AUTHORITY TO EXECUTE
Each party to this Agreement represents and warrants that: (i) it has the legal power and authority
to execute and perform this Agreement and to grant the rights and assume its obligations herein;
and (ii) the person(s) executing this Agreement below on the party’s behalf is/are duly authorized
to do so, and that the signatures of such person(s) is/are legally sufficient to bind the party
hereunder.
26.0 COUNTERPARTS
This Agreement may be executed in two (2) counterparts, each one of which shall be regarded
for all purposes as one original.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
executed this Agreement as of the Effective Date.
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City of Renton - BAID : 2480
Program Term : 3/1/2025 - 2/28/2026
BUSINESS ACCOUNT
City of Renton
BY: \s1\
Name: Armondo Parvone
Title: Mayor
Date: \d1\
LEAD TRANSPORTATION AGENCY
King County Metro
BY: \s2\
Name: Ina Percival
Title: Supervisor, Market & Business
Development
Date: \d2\
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City of Renton - BAID : 2480
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ATTACHMENT 1
ORCA BUSINESS PASSPORT - PRODUCTS, PRICING AND TERMS
Business Account: City of Renton
Business Account Federal Tax ID #: 91-6001271
ORCA Business Account ID#: 2480
Agreement Type: Area -Based Passport Contract
Program Term: 3/1/2025 - 2/28/2026
Business Passport Flat Rate Products
• Valid for full and unlimited rides on:
o Bus: King County Metro, Sound Transit, Community Transit, Everett Transit,
Kitsap Transit, Pierce Transit
o Ferry: King County Water Taxi, Kitsap Local Ferries and Fast Ferries
o Monorail
o Seattle Streetcar
o Rail: Sound Transit Link light rail and Sound Transit Sounder (including Rail Plus
partnership with Amtrak Cascades)
o ParaTransit Transportation: King County Metro Access, Kitsap Transit Access,
and Pierce Transit SHUTTLE, Community Transit DART (Dial -A-Ride
Transportation)
o On-Demand Services: Metro Flex, Pierce Transit RUNNER, Community Transit
Zip Shuttle, Kitsap Transit Dial -A-Ride
• Vanpool: 100% monthly fare subsidy on Pierce Transit, King County Metro, Community
Transit, Kitsap Transit vans
• Vanshare: 100% monthly subsidy on Pierce Transit, King County Metro, Community
Transit, Kitsap Transit vans
• Guaranteed Ride Home : For details, see Attachment 6 Emergency Guaranteed Ride
Home.
Passport Zone and Worksite Location Employees
Annual Rate
per
Employee Cost
King County Suburbs –
1055 S Grady Way, Renton, WA
355 $332.04
$ 117,874.20
New Card(s) 25
X $ 3.00 $ 75.00
Subtotal $ 117,949.20
Total $ 117,949.20
Card Logo Permission
The Business Account hereby grants permission for the Agencies to print the Business
Account's name and logo on the Business Account's plastic ORCA Business Cards and no
further permission is required. If the Business Account does not provide a logo to the Lead
Agent, no logo will be printed.
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City of Renton - BAID : 2480
Program Term : 3/1/2025 - 2/28/2026
Business Passport Flat Rate Payment Terms
• Net 60 days
Additional Information
Additional Card Orders
During the agreement term additional cards can be ordered at the standard card fee only.
Amount of Eligible Participant contribution
(Note: employees may contribute up to 50% of the Annual Rate per Employee)
King County Suburbs –
1055 S Grady Way, Renton, WA
= 0%
Business Choice Products
Choice Products purchased by the Business Account will be prepaid by invoice, credit card or
ACH, at prevailing retail rates.
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City of Renton - BAID : 2480
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ATTACHMENT 2
DESIGNATED REPRESENTATIVES
BUSINESS ACCOUNT - Primary LEAD AGENCY - Primary
Name Ellen Tarbo Kay Mennie
Title Transportation Planning Manager Customer Relationship Manager
Address 1055 S Grady Way
Renton, WA 98057-3232
201 S. Jackson St
Seattle, WA 98104
Telephone (253) 766 -2233 (206) 477 -4883
E-Mail etalbo@rentonwa.gov kay.mennie@kingcounty.gov
BUSINESS ACCOUNT - Secondary LEAD AGENCY - Secondary
Name
Title
Address
Telephone
E-Mail
BUSINESS ACCOUNT - Billing LEAD AGENCY - Billing
Name Kelsy Marshall ORCA c/o Central Puget Sound
Regional Transit
Title Administrative Secretary
Address 1055 S Grady Way Renton
WA 98057-3232
LB 1194
PO Box 35146
Seattle, WA 98124 -5146
Telephone (000) 000 -0000
E-Mail
kmarshall@rentonwa.gov finance@myorca.com
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ATTACHMENT 3
ELIGIBLE PARTICIPANTS
Definition and Number of Eligible Participants
Eligible Participant - Businesses must, at a minimum, cover all benefits-eligible employees except
those who work 100% remote. Additional participants can be included.
Definition of
Eligible
Participants
All benefit-eligible employees
Number of
Eligible
Participants
355
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ATTACHMENT 4
SAMPLE - ORCA BUSINESS CARDHOLDER RULES OF USE
(Note: business account can customize content for means of communicating with employees.)
As a Business Account Cardholder, I agree to the following:
1. I understand that the ORCA Business Card is owned by the employer that provided it to
me and it has been provided to me for my personal use only. I agree that I will not sell or
transfer my assigned ORCA Card to another person. If I violate these terms of use, my
ORCA Card may be blocked from further use.
2. I will keep my assigned ORCA Business Card secure and in good condition, and I will
immediately report a lost, stolen, or damaged ORCA Business Card to my company’s
Transportation Coordinator. I understand an ORCA Business Card will be replaced at the
fee charged by my company.
3. I will return my assigned plastic ORCA Business Card upon request or when I leave my
employment or otherwise do not meet the eligibility requirements of my company. If I do
not return my plastic ORCA Business Card, I understand that it may be blocked for further
use.
4. I will read and comply with the ORCA Cardholder Terms of Use (myorca.com/terms) and
Privacy Statement (myorca.com/privacy).
5. I understand that my ORCA Business Card is valid for the following provided by the listed
transportation Agencies.
a. 100% of fares on regularly scheduled transportation service on Community
Transit, Everett Transit, King County Metro, King County Water Taxi, Kitsap
Transit and Kitsap Ferries, Monorail, Pierce Transit, Sound Transit, and Seattle
Streetcar.
b. 100% of vanpool and vanshare fares on vanpool services provided by Community
Transit, King County Metro, Kitsap Transit, and Pierce Transit.
6. I understand and will comply with policies of my employer or other institution that provided
my ORCA Business Card.
7. I understand that the ORCA Business Card is not valid for fare payment on transportation
services not specified in Section 4 and I am responsible for paying any additional fares
required for services not covered, or not fully covered, by my assigned ORCA B usiness
Card.
8. I understand that any additional ORCA Products I load onto my assigned ORCA Card will
become the property of the company that owns my ORCA Business Card and the refund,
if any, of such products will be made by the company according to its refund policy.
9. I understand in the event any ORCA Products I load onto my assigned ORCA Card must
be replaced, I am responsible for any fares required during the replacement period.
10. I understand the ORCA system will record data each time I use my assigned ORCA
Business Card. Data will include the date, time and location of the card when it is
presented. I understand this data is owned by the transit Agencies and is accessible to
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the company, consistent with the terms of the Agreement, that owns my ORCA Business
Card.
11. I understand that the ORCA Card must be “tapped” on a card reader to show proof of fare
payment or issuance of a valid fare. Merely showing the ORCA Card on a bus, train, ferry
or light rail vehicle does not constitute proof of fare payment or issuance of a valid fare. I
will be subject to a fine if the ORCA Card is not "tapped," and I understand I will be
personally responsible for any fines that may be imposed.
12. I understand that for the correct fare to be recorded, I must “tap” off on a card reader when
exiting some transit systems. For example, I must "tap" off when exiting from a Sounder
train.
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ATTACHMENT 5
ORCA BUSINESS ACCOUNT SECURITY STANDARDS
1.0 Application Security
1.1 At the time the Business Account enters into the ORCA program, a unique password will
be used by each Business Account authorized to enable access to myORCA.com.
1.2 The Business Account shall use a strong password that meets the following criteria:
a. Length - At least eight (8) characters in length or the maximum length permitted by
the ORCA system, whichever is shorter.
b. Elements - Contains one each of at least one character from each of the following
four (4) groups.
1. English upper case letters (A, B, C...)
2. English lower case letters (a, b, c...)
3. Westernized Arabic numbers: 0, 1, 2...9
4. Special characters: #%&$*!@^()[]{}<>\|?/'"+=.,
1.3 The Business Account shall restrict access to the myORCA.com website by providing its
user id and password to only the employee(s) who have a business "need to know" and
who are authorized by the Business Account as "system user(s)". If the password is
updated for reasons listed in (a) or (b), then the security questions for that same account
shall be updated as well.
1.4 Access to the ORCA myORCA.com website is restricted to the purpose of authorized
administrative support for the ORCA Business Account program
1.5 The Business Account's password shall be changed at least quarterly but also immediately
upon (a) a system user leaving the Business Account's employment or otherwise losing
his/her status as an authorized user; and (b) the Business Account learning that t he
password has been obtained by unauthorized persons or entities.
1.6 The Business Account’s Primary Contact will review security policies and guidelines with
system users at least quarterly.
2.0 Physical Security
2.1 The Business Account shall require system users, when not at their workstations, to log
off the myORCA.com website, or lock their screen using a password protected screen -
saver in order to prevent unauthorized access.
2.2 ORCA card stock shall be kept in a secure/locked location with access limited to those
administering the program.
2.3 The Business Account shall require its employees to keep printed reports containing
account information in a secure location.
3.0 Incident Management
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3.1 The Business Account shall report any security incident or suspected incident immediately
to the Lead Agency. Examples of possible security incidents would be: introduction of
computer viruses, unauthorized transactions or blocked cards, or lost or sto len card stock.
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ATTACHMENT 6
GUARANTEED RIDE HOME PROGRAM
1.0 PURPOSE
The purpose of this agreement is to define responsibilities of the Agency and the Business
Account under the Guaranteed Ride Home program (hereinafter, “GRH.”) GRH guarantees
payment for fees incurred by eligible employees who meet the eligible criteria, a s set forth below,
and have taken rides taken in accordance with the terms set forth below.
This Agreement sets forth all the rights and duties of the parties with respect to the subject matter
thereof, and replaces any and all previous agreements or understandings, whether written or oral,
relating thereto.
2.0 DEFINITIONS
2.1 Eligible Employees
Eligible Employees are individuals included in the Eligible Participant definition on
Attachment 3 who traveled to work using an approved commute option on the day they
wish to use GRH.
2.2 Program Coordinator
The Program Coordinator is the Business Account’s designated staff person(s) or office
responsible for administering GRH for each shift.
2.3 Approved Commute Options
Eligible Employees must have commuted from their principal residence, transit center, or
park & ride lot to the Business Account’s worksite by one of the following Approved
Commute Options: bus, train, carpool, vanpool, walk -on or bicycle-on ferry, bicycle, walk
or other non-drive alone commute option.
2.4 Eligible Reasons
Eligible Reasons for using GRH are:
a. Eligible Employee’s or family member’s unexpected illness or emergency.
b. Unexpected schedule change such that the normal commute mode is not available
for the return commute to the starting place of their commute. Unexpected means
the employee learns of the schedule change that day.
c. Missing the employee’s normal return commute to the starting place of their
commute for reasons, other than weather or acts of nature, which are beyond the
employee’s control and of which they had no prior knowledge. For example, the
employee’s carpool driver left work or worked late unexpectedly.
2.5 Non-Eligible Reasons
Non-Eligible Reasons for which GRH may not be used include, but are not limited to:
a. Pre-scheduled medical or other appointments.
b. To transport individuals who have incurred injury or illness related to their
occupation. A GRH ride should NEVER be used where an ambulance is
appropriate, nor should a GRH ride replace Business Account’s legal
responsibility under workers’ compensation laws and regulations.
AGENDA ITEM #6. m)
ORCA Business Passport Agreement Page 25 of 27
City of Renton - BAID : 2480
Program Term : 3/1/2025 - 2/28/2026
c. Employee termination or reductions in force.
d. Other situations where, in the opinion of the Business Account’s Program
Coordinator, alternate transportation could have been arranged ahead of time.
e. Non-emergency side trips.
f. Inclement weather.
g. The individual has already met their trip limits for the year.
h. To take ferry commuters any farther than the ferry dock.
2.6 Eligible Destinations
Eligible Destinations for a ride under GRH from the Business Account’s work site are to:
a. Eligible Employee’s principal place of residence.
b. Eligible Employee’s personal vehicle, e.g. vehicle located at a transit center or
park & ride lot.
c. Eligible Employee’s usual commute ferry terminal on the east side of Puget
Sound.
d. To a medical provider in an unexpected situation.
e. To an intermediate stop if it meets the criteria set forth below.
2.7 Intermediate Stops
An Intermediate Stop is a stop from the work site at an intermediate location before going
on to an Eligible Destination that is directly related to an emergency (i.e. pick up a
necessary prescription at a pharmacy; pick up a sick child at school), is requ ested in
advance by the Eligible Employee and is authorized in advance by the Business Account’s
Program Coordinator.
3.0 BUSINESS ACCOUNT RESPONSIBILITIES
3.1 Program Coordinator
Business Account shall designate as many Program Coordinators as necessary to
administer and perform the necessary GRH program tasks as set forth in this
Attachment.
3.2 Number of GRH Rides per Eligible Employee
Business Account shall ensure that each Eligible Employee does not exceed eight (8) GRH
rides per twelve (12) month period. There is a 60 mile trip limitation one way (employee will pay
the remainder of the fare beyond 60 miles). King County shall not pay any taxi driver gratuity.
Taxi driver gratuity will be at the sole discretion of Business Account or the Eligible Employee
taking the GRH ride.
3.3 Access to Service
Business Account shall make information about how to access GRH rides available to all
Eligible Employees.
4.0 GRH PROGRAM TASKS
4.1 Process
To access GRH rides, Eligible Employees shall contact the Program Coordinator. The Program
Coordinator shall call an answering service provider directly, contracted by King County. The
phone number is 425-450-4555. Program Coordinator shall screen and obtain the following
AGENDA ITEM #6. m)
ORCA Business Passport Agreement Page 26 of 27
City of Renton - BAID : 2480
Program Term : 3/1/2025 - 2/28/2026
information from the Eligible Employee and provide the information to the answering service
provider as part of arranging the taxi ride for the Eligible Employee.
1. Verify the Eligible Employee has commuted to the worksite by an eligible mode.
2. Verify the Eligible Employee has an Eligible Reason and Eligible Destination for a
GRH ride.
4.2 Reporting
1. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible
Employee a completed receipt of the taxi trip.
2. Business Account’s Program Coordinator shall forward copies of such receipts to King
County at the end of each month for record keeping and accounting purposes.
5.0 AGENCY RESPONSIBILITIES
5.1 Agency shall provide Business Account Program Coordinator with procedures, guidelines
and all documents needed to facilitate the program. Agencies will conduct evaluations of
program’s effectiveness.
5.2 Indemnification
Business Account agrees the Agency is not responsible for providing transportation
services under the GRH program. Business Account further agrees that the Agency
makes no guarantee or warranty as to the availability, quality or reliability of transportation
service, and that the Agency’s sole obligation under the program is to make payment of
the transportation provider for trips actually taken in accordance with the terms of this
Agreement. Business Account agrees it shall make no claims of any kind or bring any suits
of any kind against the Agency for damages or injuries of any kind arising out of or in any
way related to the GRH program. Without limiting the foregoing and by way of example
only, the Business Account agrees that the Agency shall not be liable for any injuries or
damages caused by negligence or intentional acts occurring before, during or after a ride
or for any injuries or damages caused by failure of a transportation company to provide a
ride due to negligence, intentional acts or causes beyond their control, includ ing but not
limited to incidence of fire, flood, snow, earthquake or other acts of nature, riots,
insurrection, accident, order of any court or civil authority, and strikes or other labor
actions.
5.3 Payment of Authorized GRH Fares
King County shall pay the metered fare amount of a Business Account’s Program Coordinator -
authorized GRH ride, as defined in the DEFINITIONS section above. Business Account’s
payment for GRH services is accounted for in the base price of the ORCA Passport Agreement,
as indicated in Attachment 1.
5.4 Reporting
The Agency shall keep a complete record of all authorized GRH ride requests and
provide a copy of this record to Business Account's designated Program Coordinator if
requested.
5.5 Program Abuse
The Agency reserves the right to investigate and recover costs from and/or disqualify the
Business Account for intentional abuse of the GRH program by Eligible Employees.
Program abuse is defined as, but not limited to, taking more than the maximum rides p er
AGENDA ITEM #6. m)
ORCA Business Passport Agreement Page 27 of 27
City of Renton - BAID : 2480
Program Term : 3/1/2025 - 2/28/2026
agreement period, taking trips for inappropriate reasons, unauthorized destinations and
Intermediate Stops, and pre -scheduled appointments not defined in the DEFINITIONS
section above. The Agency shall also have the right to recover costs from and/or disqu alify
a Business Account who knowingly, willingly or intentionally violates the terms of this
Agreement by authorizing ineligible or inappropriate trips or failing to fulfill their
responsibilities as described in this Agreement.
5.6 Amendment and Termination
This Agreement and any of its terms or provisions may be amended by written agreement
of the parties. All amendments to this Agreement shall be in writing and signed by the
persons authorized to bind the parties to this Agreement and as provided herein.
The Agreement may be terminated by either the Agency or the Business Account for
convenience and without cause by giving written notice of such termination to the other
party at least thirty (30) days prior to the effective date of such termination. This Agreement
shall continue in force until terminated by either party or until the Business Account’s
ORCA Business Passport Agreement is terminated, whichever comes first.
The Agency shall have the right to terminate the Agreement immediately if the Business
Account places the Agency or the public at undue risk as determined by Agencies, or if
the Business Account’s ORCA Business Passport Agreement is suspended or terminated .
AGENDA ITEM #6. m)
AB - 3759
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Supplemental Agreement #2 to CAG-24-268 Professional Services
Agreement with Transpo Group USA, Inc. for Engineering Design
Services for the Oakesdale Avenue SW Pavement Preservation Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Bob Hanson, Transportation Design Manager
EXT.: 7223
FISCAL IMPACT SUMMARY:
This professional services supplemental agreement No.2 for engineering design services with Transpo Group
USA, Inc. totals $285,889.66. The total Oakesdale Avenue SW Pavement Preservation Project budget is
$2,458,000. After this supplemental agreement No.#2, a project budget balance of $1,960,000 remains.
SUMMARY OF ACTION:
The Oakesdale Ave SW Pavement Preservation will resurface the roadway along Oakesdale Ave SW from SW
34th St to SW 16th St, install bike lanes, update channelization through restriping, upgrade intersection ramps
to current Public Right Of Way Accessibility Guidelines standards, adjust or evaluate replacement of existing
features affected by resurfacing such as monuments, catch basins, or drainage grates.
This supplemental agreement No.#2 retains the services of Transpo Group USA, Inc. for complete engineering
design services for the project. The Consultant will lead the project and work in coordination with
subconsultant, LDC, Inc, to provide a consistent overall project design across engineering disciplines. The
scope of work includes an alternatives analysis and design tasks up to the delivery of 100% bid-ready plans,
specifications, and estimate.
This project is funded in part by a $1,300,000 FHWA grant.
EXHIBITS:
A. Supplemental Agreement No. 2
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a supplement agreement No. 2 to CAG-24-268 professional
services agreement with Transpo Group USA, Inc. to provide design engineering services totaling $285,889.66
for the Oakesdale Avenue SW Pavement Preservation Project.
AGENDA ITEM #6. n)
Kevin Collins
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AGENDA ITEM #6. n)
AB - 3760
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Project Acceptance: Highlands to Landing Pedestrian Lighting Phase II
Project, CAG-21-004 with Colvico, Inc.
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Emily Logan, Project Manager
EXT.: 7224
FISCAL IMPACT SUMMARY:
The original contract amount was $330,490.83 and the final contract amount is $346,163.96. There was
$48,298.03 in added work and -$32,624.90 in deleted work for a net increase of $15,673.13. The major
changes that contributed to this increase were added work for the illumination pole foundations and
additional sales tax per WAC 458-20-171.
SUMMARY OF ACTION:
The Highlands to Landing Pedestrian Lighting Phase II project was awarded on January 24, 2022 to Colvico, Inc.
The project construction began on August 8, 2022. The project went into suspension September 21, 2022 for
(1) procurement of material; and (2) design, permitting, and installation of the power source for the
illumination system. The work suspension ended January 9, 2023 and substantial completion was reached on
August 10, 2023. The project was physically completed on May 23, 2024 with the completion of outstanding
punch list items.
The project constructed pedestrian lighting and miscellaneous improvements along N Southport Dr/NE Sunset
Blvd from Lake Washington Blvd/Garden Ave N to the northbound I-405 off-ramp. The work included but is
not limited to fence repair, temporary erosion control, restoration of landscaping and irrigation, and
temporary traffic control.
EXHIBITS:
A. Final Contract Voucher Certificate
B. Notice of Completion
STAFF RECOMMENDATION:
Accept the Highlands to Landing Pedestrian Lighting Phase II Project with Colvico, Inc.
AGENDA ITEM #6. o)
FINAL CONTRACT VOUCHER CERTIFICATE
CONTRACTOR’S CERTIFICATION
I,The undersigned,having first been duly sworn,certify that I am authorized to sign for the claimant;that in connection with the work
performed and to the best of my knowledge no loan,gratuity or gift in any form whatsoever has been extended to any employee of
the City of Renton nor have I rented or purchased any equipment or materials from any employee of the City of Renton;I further
certify that the attached final estimate is a true and correct statement showing all the monies due me from the City of Renton for
work performed and material furnished under this contract;that I have carefully examined said final estimate and understand the
same and that I release the City of Renton from any and all claims of whatsoever nature which I may have,aØJtlItj
performan said cont ct,which are not set forth in said estimate.‘L/
(_.‘0 CommiSsion Number ,-
24022833 C
Contra r Authorized Signature (Requited)CI)Nicholas Allen Pecha
My Appointment Expires 27/31)2028
Printed Signature Name wsS
IIIIlIIili’,’
______________
dayof 20Subscribedandsworntobeforemethis
residing at -
CITY OF RENTON CERTIFICATION
I,certify the attached final estimate to be based upon actual measurements,and to be true and correct.
Pro ect Managers at fublic War s Dept.,Sr!tion Manager
CITY OF RENTON ACCEPTANCE
The City of Renton hereby accepts the completed contract,pursuant to Section 1-05.12 of the Contract Provisions.
Public Works Administrator Date of Council Acceptance
Contractor
Colvico,Inc.
Street Address
P.O.Box 2682
City State Zip Date
Spokane WA 99220
______
]_i0/22/2024
______
City Contract Number City Project Number Federal-Aid Number (if applicable)
CAG-21-004 TED4003981 N/A
Contract Title
Highlands to Landing Pedestrian Lighting Phase II
Date Work Physically Compte Final Amount
6/17/2024 j$346,163.96
___________________________
Notary Public in and for the State of 4’,%)-_
Ajprovd Date
Contractors claims,if any,must be included and the Contractor’s Certification must be labeled indicotliw a claim is attached.
AGENDA ITEM #6. o)
Revised #
Assigned to:
UBI Number:
Yes No
Yes
Telephone #
Bond Number:
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
Date Work Commenced Date Work Completed
Contractor Address
Date Contract Awarded
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Federally funded transportation project?
Contractor's Name
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
Name & Mailing Address of Public Agency
E-mail Address
Contract Number
Notice is hereby given relative to the completion of contract or project described below
Date:Contractor's UBI Number:
Date Work Accepted
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
%
$
$$
Contact Name:Title:
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Amount Disbursed
p
Sales Tax Rate
Contract Amount
NOTE: These two totals must be equal
TOTAL
Comments:
Sales Tax Amount
Reductions ( - )
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
TOTAL
Liquidated Damages
Email Address: Phone Number:
p
Sub-Total
Additions ( + )
Amount Retained
(If various rates apply, please send a breakdown)
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publicworks@esd.wa.gov
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
F215-038-000 10-2014REV 31 0020e (10/26/15)
p@g
AGENDA ITEM #6. o)
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014
AGENDA ITEM #6. o)
AB - 3764
City Council Regular Meeting - 24 Feb 2025
SUBJECT/TITLE: Agreement with King County Flood Control District for Award of
Flood Reduction Grant Funds
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Troy Solly, Surface Water Utility Civil Engineer III
EXT.: 7313
FISCAL IMPACT SUMMARY:
Grant agreement GRA-25-003 adds $225,000 of King County Flood Control District Flood Reduction grant
funding to the Surface Water Utility Capital Improvement Program budget for the Lind Ave SW Storm System
Improvement project (427.475523.015.594.31.63.000). No matching funds are required. Authorization is
requested for additional budget appropriations in the amount of $225,000 offset by additional revenues of the
same amount and will be included in the Q1 2025 budget adjustment.
SUMMARY OF ACTION:
The Lind Ave SW Storm System Improvement Project will construct approximately 3,500 feet of new storm
system trunk line along Lind Ave SW, from SW 43rd St to SW 39th St, and then along SW 39th St from Lind Ave
to a new or upgraded storm system outfall into Springbrook Creek. The proposed improvements will reduce
flood risk by increasing the conveyance capacity of the storm system and adding an additional flow path for
stormwater to drain from SW 43rd Street and the upstream tributary areas to Springbrook Creek. A recurring
flooding problem exists on SW 43rd St between East Valley Road and Springbrook Creek, notably at the
intersection of SW 43rd St and Lind Ave SW. Significant amounts of standing water in the right-of-way at this
intersection have resulted in the closure of SW 43rd St twice in the past 5 years, with the most recent flood
event resulting road closure occurring in March 2022. Flooding and standing water on properties adjacent to
the right-of-way were documented during these flood events.
Under Flood Reduction Grant number 4.24.08 (Renton GRA-25-003) proposed for execution, the King County
Flood Control District would award the city $225,000 to partially fund the planning and design of the Lind Ave
SW Storm System Improvement Project. The design of the project started in 2024 upon the execution of a
professional services agreement with WSP USA in the amount of $549,954. Similar to the grant received in
2023 (4.23.07) in the amount of $250,000, this grant will partially fund the WSP USA professional services
contract for the design of the project.
EXHIBITS:
A. Lind Ave SW Project Area Map
B. Lind Ave SW Flood Reduction Grant Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Flood Reduction Grant Agreement 4.24.08 with the King
County Flood Control District in the amount of $225,000 for Lind Ave SW Storm System Improvement Project
AGENDA ITEM #6. p)
72,224
6,019
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
5/24/2023
Legend
4,09302,046
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
4,093
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Labels
City and County Boundary
<all other values>
Renton
Streets
Waterbodies
2021.sid
Red: Band_1
Green: Band_2
Blue: Band_3
AGENDA ITEM #6. p)
9,028
752
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
5/23/2023
Legend
5120256
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
512
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
Pump Station
Public Pump Station
Private Pump Station
Discharge Point
Public Discharge Point
Private Discharge Point
Pipe
Public Pipe
Private Pipe
Public Culvert
Private Culvert
Public Roofdrain
Private Roofdrain
Open Drains
Facility Outline
Facility Transfer
Inactive Pipe
Inactive Discharge Point
City and County Labels
Parcels
City and County Boundary
<all other values>
Renton
Streets
Parks
Waterbodies
AGENDA ITEM #6. p)
Project Name: Lind Avenue SW Storm System Improvement Award Number: 4.24.08
GRA-25-003
Page 1 of 9
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN THE CITY OF RENTON AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Renton (“Recipient”) (collectively referred to as the “parties” and in the singular “party”), for
the purposes set forth herein. This Agreement shall be in effect from the date of execution to
December 31, 2027.
Project Contacts:
Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Contact for Recipient: Troy Solly, Civil Engineer III, 425-430-7313, tsolly@rentonwa.gov
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for flood control
and stormwater protection projects and activities;
1.2 Whereas, King County is the service provider to the District under the terms of an
interlocal agreement (“ILA”) by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District’s annual
work program and budget;
1.3 Whereas, on November 12, 2013, the Board of Supervisors of the District (the “Board”)
passed Resolution FCD 2013-14 which established a Flood Reduction Grant Program
and criteria for awarding grant funding for projects;
1.4 Whereas, on November 7, 2023, the Board passed Resolution FCD 2023-10, which
authorized an allocation of $13,415,191 from the District’s 2024 budget to fund flood
reduction projects;
1.5 Whereas, on October 8, 2024, the Board passed Resolution FCD 2024-11, which
approved the flood reduction projects described in Attachment A to that Resolution;
1.6 Whereas, in accordance with the terms of these Resolutions, and in its capacity as
service provider to the District, King County has established policies and procedures for
administering the flood reduction grant program, a copy of which has been furnished to
Recipient and which is incorporated herein by this reference (hereinafter “Grant Policies
and Procedures”);
AGENDA ITEM #6. p)
Project Name: Lind Avenue SW Storm System Improvement Award Number: 4.24.08
GRA-25-003
Page 2 of 9
1.7 Whereas, the Recipient submitted an application to receive funds for a project to be
funded by the Flood Reduction Grant Program;
1.8 Whereas, the Board approved funding of Recipient’s application for the project
(“Project”), as described in Attachment A to Resolution FCD 2024-11 in the amount of
$225,000 (“Award”)
1.9 Whereas, Exhibit A, attached hereto and incorporated herein by this reference, contains a
description of the Project as described in Attachment A to Resolution FCD 2024-11;
1.10 Whereas, King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto and
incorporated herein as Exhibit C (“Budget”), are consistent with the Grant Policies and
Procedures, the Recipient’s application for the Project, and the Resolution approving
funding for the Project; and
1.11 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with Resolution FCD 2024-11 and the Grant
Policies and Procedures, and under which the Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to pay the Award amount to the Recipient in the total amount of
$225,000 from District funds. The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A to this Agreement. King County
shall pay the Recipient in accordance with the terms of the Grant Policies and
Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
AGENDA ITEM #6. p)
Project Name: Lind Avenue SW Storm System Improvement Award Number: 4.24.08
GRA-25-003
Page 3 of 9
approved by King County as being within such scopes; 2) the activities are specified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) such activities and expenses otherwise comply with all other terms of this
Agreement; 5) such activities and expenses do not occur prior to the date the grants were
approved by the District; and 6) reimbursements shall be paid to the Recipient only after
this Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form, or online equivalents to these forms upon the
County’s implementation of an online reporting database, for those documented and
allowable expenses identified in the Budget and according to the rules set forth in the
Grant Policies and Procedures. A request for payment shall be made no less frequently
than every six months after the effective date of this Agreement nor more frequently than
every three months after the aforementioned date. A Progress Report form and backup
documentation of claimed expenses shall be submitted with all payment requests. A one-
time advance may be allowed, in the discretion of King County, for expenses anticipated
to be incurred in the three months following the date of submission of the advance
Request for Payment only for work that is included in the Scope of Work of this
Agreement, and identified as such in the Request for Payment. The amount of the
advance may not exceed 25% of the total award amount. Documentation of payments
made from advances shall be submitted to King County prior to any further requests for
payment.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient’s completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work. The final report may be
submitted on the Close-out Report form, or online equivalent to this form upon the
County’s implementation of an online reporting database. The final report shall include a
summary of the Project’s successes and shall address the flood reduction benefits
accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington (“BARS”) or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
AGENDA ITEM #6. p)
Project Name: Lind Avenue SW Storm System Improvement Award Number: 4.24.08
GRA-25-003
Page 4 of 9
2.9. King County or its representative, and the District or its representative, shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors,
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources, and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all suits, claims,
alleged liability, actions, losses, costs, expenses (including reasonable attorney’s fees),
penalties, settlements and damages of whatsoever kind or nature, arising out of, in
connection with, or incident to any acts or omissions of the Recipient, its employees,
agents, contractors, or subcontractors in performing its obligations under the terms of this
Agreement, except to the extent of the County’s or the District’s sole negligence.
The Recipient’s obligations under this provision shall include, but not be limited to, the
duty to promptly accept tender of defense and provide defense to the County and the
District with legal counsel acceptable to the County and the District at Recipient’s own
expense. Recipient, by mutual negotiation, hereby waives, as respects the County and the
District only, any immunity that would otherwise be available against such claims under
the Industrial Insurance provisions of Title 51 RCW. In the event it is necessary for the
County or the District 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
Recipient. The provisions of this section shall survive the expiration, abandonment, or
termination of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project
on all literature, signage or press releases related to the Project. The Recipient may
obtain from King County a District logo that may be used in the acknowledgement.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns. The Recipient shall not assign this Agreement to a
third party.
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3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses set forth below via electronic mail and transmittal is
demonstrated by an electronic delivery receipt or similar confirmation.
King County Recipient
Kim Harper Troy Solly
Grant Administrator Civil Engineer III
King County WLRD City of Renton
kim.harper@kingcounty.gov tsolly@rentonwa.gov
Either party hereto may, at any time, by giving ten (10) days written notice to the other
party to designate any other address in substitution of the foregoing address to which
such notice or communication shall be given.
3.5. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.6. The Project shall be completed by no later than December 31, 2027. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation, to terminate this Agreement and retain any unexpended Award funds.
3.7. The Agreement will be terminated if the Recipient is unable or unwilling to expend the
Award as specified in Section 2.2 and Exhibits B and C. In the event of termination
under this section, the County shall be released from any obligation to fund the Project
and Recipient shall forfeit all rights to the unexpended portion of the Award.
3.8. If the County determines that a breach of contract has occurred or does not approve of the
Recipient’s performance, it will give the Recipient written notification of unacceptable
performance. Recipient 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
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Recipient. King County may withhold any payment owed Recipient until the County is
satisfied that corrective action has been taken or completed.
3.9. Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any 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. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
3.10. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the
requirements in these code sections shall specifically apply to this Agreement. In its
performance under this Agreement the Recipient shall not discriminate against any
person on the basis of race, color, age, gender, marital status, sexual orientation, gender
identity or expression, religion, ancestry, national origin, disability or use of a service or
assistive animal by an individual with a disability, unless based upon a bona fide
occupational qualification, and the Recipient shall not violate any of the terms of chapter
49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal,
state, or local law or regulation regarding nondiscrimination in employment.
3.11. 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.
3.12. This Agreement may be signed in multiple counterparts.
3.13. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
3.14. This Agreement shall be governed by and construed according to the laws of the State of
Washington. Actions pertaining to this Agreement will be brought in King County
Superior Court, King County, Washington.
3.15. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the District or the King County
Council, King County’s obligations are contingent upon the appropriation of sufficient
funds by the District or the King County Council to complete the Scope of Work. If no
such appropriation is made, this Agreement will terminate at the close of the
appropriation year for which the last appropriation that provides funds under this
Agreement was made.
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This document has been approved as to form by the King County Prosecuting Attorney’s Office
as of March 1, 2023.
KING COUNTY: RECIPIENT:
By By
Name Name Armondo Pavone
Title Title Mayor
Date Date
Attest
Name Jason A. Seth
Title City Clerk
Approved as to Legal Form
Name Cheryl Beyer
Title Senior City Attorney
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EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD
Lind Avenue SW
Storm System
Improvement
City of
Renton
Address a recurring flooding issue along SW 43rd
Street (S 180th St) by constructing approximately
3,500 feet of a new storm system along Lind Avenue
SW, from SW 43rd St to SW 39th St, then west along
SW 39th St from Lind Ave to an outfall in
Springbrook Creek. The proposed improvements
will reduce flood risk by increasing conveyance
capacity and adding an additional flow path for
storm water to drain from SW 43rd Street and the
upstream tributary areas to Springbrook Creek. The
grant would be used for planning and design of the
project.
$25,000 $225,000
EXHIBIT B: SCOPE OF WORK
Activity Title Activity Description Deliverables
Estimated
Percent of
Grant Budget
Month/Year Task
will be Completed
Task 1: Project
Administration
(Required)
Submit reimbursement request
forms, backup documentation for
billing, and progress reports at least
every 6 months. Submit a Closeout
Report form with the final
reimbursement request.
Reimbursement requests
and backup
documentation every 6
months, closeout report
form.
5% December 2026
Task 2: Data
Collection &
Design
Alternatives
Evaluation
The Consultant will perform
supplemental topographic survey as
needed and prepare a geotechnical
report for the project area in support
of design efforts in Task 4. Conduct
Supplemental hydraulic/hydrologic
analysis of final design. The
Consultant will also coordinate with
utilities as needed and perform a
cultural resources review.
-Survey and geotechnical
information, and related
documents.
-Final Design Report
evaluation of design
alternatives and
recommendations.
20% March 2026
Task 3:
Environmental
Review,
Permitting, and
Outreach
The Consultant will work with
permitting agencies to obtain permits
required and incorporate
requirements into project designs.
The Consultant will assist in creation
of outreach documents to inform the
public about the project.
-Relevant permit
application documents. -
Outreach documents to
inform public.
2% December 2026
Task 4: Design
Alternatives
Evaluation &
Design
The Consultant will develop
hydraulic/ hydrologic modeling for
use in development and analysis of
design alternatives. Consultant will
develop design alternatives and
- Preliminary Design
Memorandum (including
30% design drawings and
cost estimate).
73% December 2026
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Activity Title Activity Description Deliverables
Estimated
Percent of
Grant Budget
Month/Year Task
will be Completed
prepare preliminary design
memorandum describing alternatives
and selecting a preferred alternative.
This design memorandum will also
include 30%, drawings and cost
estimate for the selected design
alternative.
EXHIBIT C: BUDGET
BUDGET ITEM GRANT REQUEST
COMMERCIAL SERVICES & CREW TIME $225,000
TOTAL $225,000
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