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HomeMy WebLinkAboutCouncil 10/22/2012AGENDA  RENTON CITY COUNCIL    REGULAR MEETING  October 22, 2012  Monday, 7 p.m.  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. Sound Transit:  Proposed Bus Route Changes & Longacres Commuter Rail Station Update  4.PUBLIC HEARING a. 2012 Comprehensive Emergency Management Plan  5.ADMINISTRATIVE REPORT 6.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting.  Each speaker is allowed five minutes.  The  comment period will be limited to one‐half hour.  The second comment period later on in the  agenda is unlimited in duration.)  When you are recognized by the Presiding Officer, please walk to  the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME.  NOTICE to all participants:  pursuant to state law, RCW 42.17A.555, campaigning for any ballot  measure or candidate in City Hall and/or during any portion of the council meeting, including  the audience comment portion of the meeting, is PROHIBITED. 7.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the  recommended actions will be accepted in a single motion.  Any item may be removed for further  discussion if requested by a Councilmember.  a. Approval of Council meeting minutes of 10/15/2012.  Council concur.  b. Mayor Law appoints to the Airport Advisory Committee the following individuals:  Kenneth A.  Williams, West Hill neighborhood ‐ primary (position previously held by Roger Lewis), for a  new term expiring 5/7/2015; and Scott Pelletier, The Boeing Company Representative (position  previously  held  by  Keith  Searles),  for  an  unexpired  term  expiring  5/7/2014.   Refer  to  Community Services Committee.  c. Community  and  Economic  Development  Department  requests  authorization  to  allocate  Highlands Subarea Long Range Planning funds in the amount of $280,000 to support parks  planning in the Sunset Area, and $277,000 to support the City's match for a transportation  grant  for  the  Highlands  to  Landing  Pedestrian  trail;  and  authorization  to  carry‐forward the  remaining balance of $95,000 to 2013.  Refer to Planning and Development Committee.    d. Community Services Department recommends approval of a second amendment to LAG‐05‐ 001, lease with Vision House, to extend the term for an additional three years for the City‐ owned Edlund Property house located at 10062 SE Carr Rd.  Refer to Finance Committee.  e. Executive Department recommends confirmation of the appointment of Chip Vincent as the  new Community and Economic Development (CED) Administrator, effective 6/15/2012, at Step  Page 1 of 99 A of the Grade m49 salary range.  Council concur.  f. Fire  and  Emergency  Services  Department  recommends  approval  of  an  agreement  with  the  Washington State Military Department to accept Department of Homeland Security Emergency  Management Performance Grant funds in the amount of $104,347, to support the emergency  management program.  Council concur.  g. Police Department requests approval of a memorandum of understanding with the Washington  State Traffic Safety Commission to accept grant funds in the amount of $7,500 for overtime  funding for Target Zero Team traffic safety emphasis patrols.  Council concur.  h. Transportation  Systems  Division  requests  approval  of  a  rent  increase  for  all  City‐owned  T‐ Hangar units at the airport from $372.21 to $393.62 per month plus leasehold excise tax.   Refer to Transportation (Aviation) Committee.  i. Transportation Systems Division requests approval of a rent increase for all Aircraft Tiedown  Storage spaces at the airport from $88.62 to $106.34 per month plus leasehold excise tax.   Refer to Transportation (Aviation) Committee.  j. Utility  Systems  Division  submits  CAG‐11‐115,  Lake  Ave.  S./Rainier  Ave.  S.  Storm  System  Project,  and  requests  approval  of  the  project,  final  pay  estimate  in  the  amount  of  $9,500,  commencement  of  a  60‐day  lien  period,  and  release  of  retainage  bond  in  the  amount  of  $994,925  to  James  W.  Fowler  Company, contractor,  if  all  required  releases  are  obtained.   Council concur.  8.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week.  Those topics  marked with an asterisk (*) may include legislation.  Committee reports on any topics may be held  by the Chair if further review is necessary. a. Public Safety Committee:  2012 Comprehensive Emergency Management Plan*  9.RESOLUTIONS AND ORDINANCES Resolution: a. 2012 Comprehensive Emergency Management Plan (See 8.a.)  Ordinances for first reading: a. 2013/2014  Water,  Wastewater,  and  Surface  Water  Utility  Rates   (Approved  via  10/15/2012 Committee of the Whole Report)  b. 2013/2014 Solid Waste Rates (Approved via 10/15/2012 Committee of the Whole Report)  10.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 11.AUDIENCE COMMENT 12.ADJOURNMENT Page 2 of 99 COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)     COUNCIL CHAMBERS   October 22, 2012  Monday, 5 p.m.    Councilmember Taylor's "Governing for Racial Equity" Conference Request; Budget Delibertations    • 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 AND ARE RECABLECAST:  Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM  Page 3 of 99 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appointment to Renton Airport Advisory Committee (RAAC) - Kenneth A. Williams and Scott Pelletier Meeting: Regular Council - 22 Oct 2012 Exhibits: Memorandum-Staff Recommendation- Kenneth A. Williams; Memorandum-Staff Recommendation- Scott Pelletier; Williams' Application for Boards, Commissions or Committees Submitting Data: Dept/Div/Board: Executive Staff Contact: April Alexander, Executive Assistant, x6520 Recommended Action: Refer to Community Services Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Mayor Law appoints the following to the Renton Airport Advisory Committee: Mr. Kenneth A. Williams, 410 SW Langston Place, Renton, WA 98057, West Hill Neighborhood Primary position, with a term expiring 5/7/15. Mr. Scott Pelletier, The Boieng Company representative, with an unexpired term expiring 5/7/14. STAFF RECOMMENDATION: Confirm Mayor Law's appointments of Mr. Williams and Mr. Pelletier to the Renton Airport Advisory Committee. 7b. ‐ Mayor Law appoints to the Airport Advisory Committee the  following individuals:  Kenneth A. Williams, West Hill neighborhood ‐ Page 4 of 99 7b. ‐ Mayor Law appoints to the Airport Advisory Committee the  following individuals:  Kenneth A. Williams, West Hill neighborhood ‐ Page 5 of 99 7b. ‐ Mayor Law appoints to the Airport Advisory Committee the  following individuals:  Kenneth A. Williams, West Hill neighborhood ‐ Page 6 of 99 7b. ‐ Mayor Law appoints to the Airport Advisory Committee the  following individuals:  Kenneth A. Williams, West Hill neighborhood ‐ Page 7 of 99 7b. ‐ Mayor Law appoints to the Airport Advisory Committee the  following individuals:  Kenneth A. Williams, West Hill neighborhood ‐ Page 8 of 99 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Allocation of Highlands Subarea Funds Meeting: Regular Council - 22 Oct 2012 Exhibits: Issue Paper Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Chip Vincent x6588 Recommended Action: Refer to Planning and Development Committee Fiscal Impact: Expenditure Required: $ $557,000 Transfer Amendment: $$557,000 Amount Budgeted: $ $1,500,000 Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Authorize the use and transfer of the Highlands Subarea Long Range Planning funds to support parks planning ($280,000) in the Sunset Area and to support the match for a Transportation grant ($277,000) for the Highlands to Landing pedestrian trail. Allow the remaining balance of the fund, or $95,000, to be carried over into 2013. STAFF RECOMMENDATION: Authorize the use and transfer funds in the Highlands Subarea Long Range Plan account to advance transportation, parks, and neighborhood planning efforts consistent with the adopted 2009 Sunset Area Community Investment Strategy. 7c. ‐ Community and Economic Development Department requests  authorization to allocate Highlands Subarea Long Range Planning funds Page 9 of 99 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:October 22, 2012 TO:Rich Zwicker, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Chip Vincent, Administrator STAFF CONTACT:Chip Vincent, x6588 SUBJECT:Allocation of Highlands Subarea Funds ISSUE Should money from the Highlands Subarea fund be allocated to assist with projects consistent with the Sunset Area Community Investment Strategy? RECOMMENDATION Authorize the use and transfer of remaining funds in the Highlands Subarea Long Range Plan account to advance transportation, parks, and neighborhood planning efforts consistent with the adopted 2009 Sunset Area Community Investment Strategy. BACKGROUND SUMMARY In 2005, Council created a $1.5 million fund for the Highlands Subarea Long Range Plan to promote revitalization of the Sunset Area of the Renton Highlands. To date approximately $848,000 of that fund has been expended on consulting services, completion of the Sunset Area Planned Action and EIS, and sidewalk improvements. One of the products of those expenditures was the Sunset Area Community Investment Strategy, adopted by Council in 2009. This document identified nine areas for City investment in the Sunset Area. These areas include: supporting redevelopment of Sunset Terrace, improvements to Sunset Boulevard, parks and recreation improvements, and "Green Connections" local and sub-regional stormwater improvements. City staff pursued funding opportunities to implement the Community Investment Strategy. Public Works obtained $983,000 from the Washington State Legislature for a regional stormwater facility at Sunset Terrace, which is to be planned in conjunction with a new neighborhood park. Community Services requests a transfer of $280,000 from the Highlands Subarea fund to cover planning costs for the park, which are not covered in the grant from the Legislature. Public Works has also secured $1.7 million in federal dollars through the Puget Sound Regional Council for a non-motorized 7c. ‐ Community and Economic Development Department requests  authorization to allocate Highlands Subarea Long Range Planning funds Page 10 of 99 Allocation of Highlands Subarea Funds Page 2 of 2 October 22, 2012 h:\ced\city council\issue papers\2012\issue paper - request to hire building inspector at step e.doc transportation grant to connect the Sunset Area with the Landing. They request a transfer of $277,000 from the Highlands Subarea fund to use as a part of the match for their grant. Dedication of these amounts would total $557,000, and the remaining balance of $95,000 would remain in the Highlands Subarea fund and be carried over into 2013. cc:Jay Covington, CAO Iwen Wang, FIT Administrator 7c. ‐ Community and Economic Development Department requests  authorization to allocate Highlands Subarea Long Range Planning funds Page 11 of 99 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Vision House Second Lease Addendum for Edlund Property house at 10062 Carr Rd Meeting: Regular Council - 22 Oct 2012 Exhibits: Issue Paper Addendum to Lease Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner, Facilities Director, Ext. 6605 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$1/Year Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Vision House, a Social Service Agency, has proposed to extend by Addendum their Lease of the City- owned house on the Edlund property, located at 10062 SE Carr Road, Renton, WA 98055 for $1/year. The current Lease Addendum expires on December 31, 2012. Business terms of the original Lease remains as-is. They include the opportunity to extend the Lease for one year at the end of the three-year addendum term; retention of termination rights with a 60-day notice by either the City or the tenant; permission for Vision House to make alterations and improvements, and to maintain and make repairs entirely at their own expense as well as to pay all utilities. Vision House assumes any excise tax liability and has the obligation to maintain liability insurance that meets City risk management guidelines. STAFF RECOMMENDATION: Approve the 2nd lease addendum with Vision House and authorize the Mayor and City Clerk to sign 7d. ‐ Community Services Department recommends approval of a second  amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 12 of 99 H:\Facilities\Facilities Director\Peter Renner\IssuePaperRHAedlund2012 4/10/2012 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:October 8, 2012 TO:Rich Zwicker, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Peter Renner, Facilities Director, Ext. 6605 SUBJECT:Second Addendum to Lease (LAG-05-001) with Vision House for a house on Carr Road on the Edlund Property Issue: Should Council authorize the Mayor and City Clerk to sign a three-year Lease Addendum with Vision House? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Addendum. Background: ·In 2005, the City purchased land on Carr Road known as the Edlund Property for future park and open space use. ·There are no immediate plans or funds to develop the property. ·There are two usable homes on the property. One house is leased by the Renton Housing Authority for use as a low-income rental house and the second is leased by Vision House for social program use. ·Because Vision House (VH) provides social programs of benefit to the City of Renton that the City does not have the resources to provide, it was agreed to lease the house for $1 per year. ·We are proposing a three-year extended lease term plus a one-year renewal. ·VH helps homeless men who are in the second stage of recovering from substance abuse. Thirty-eight (38) men have completed the program and now live in permanent housing. ·Since VH acquired use of the house in 2005 they have had a 62% success rate, with only two men who left without notice. This is a very good success, especially considering that most of the men are long time substance abusers. ·Inspections of the home have shown that the tenants and case manager are keeping the house and immediate environs in very good condition and at a high level of cleanliness. ·Any issues related to the property use have been minor and dealt with immediately. 7d. ‐ Community Services Department recommends approval of a second  amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 13 of 99 Rich Zwicker, Council President Members of Renton City Council Page 2 of 2 October 8, 2012 c:\documents and settings\dwagner\local settings\temporary internet files\content.outlook\eoh4zpbd\issuepaperraincity5.doc Conclusion: Extending the lease term for three more years provides the City with a social service program that meets a vital community need while maintaining the asset value of the property. cc:Jay Covington, Chief Administrative Officer Iwen Wang, Finance & IS Administrator Larry Warren, City Attorney Garmon Newsom, Assistant City Attorney 7d. ‐ Community Services Department recommends approval of a second  amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 14 of 99 ADDENDUM TO LEASE - 1 SECOND ADDENDUM TO LEASE WHEREAS, the City of Renton (“City”) as Landlord, and Vision House (“Tenant”), entered into that certain Lease dated January 31, 2005 for property legally described in that Lease; and WHEREAS, the parties wish to amend the term of that Lease; NOW, THEREFORE, the parties do hereby agree that paragraph 2, Term, is hereby amended to read as follows: 2.TERM: This Lease shall be extended for an additional three (3) years, beginning January 1, 2013. After the extended three-year term of this Lease, it shall be automatically renewed for one (1) additional year, unless notice of termination is given by the City or the Tenant, pursuant to the termination section of this Lease, such notice given at least 60 days prior to the end of the term of this Lease. Except as modified herein, all terms of the initial Lease shall be remain in full force and effect. DATED: ______, 2012 CITY OF RENTON: By: _______________________________ 7d. ‐ Community Services Department recommends approval of a second  amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 15 of 99 ADDENDUM TO LEASE - 2 TENANT: VISION HOUSE: By:_________________________________ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ________________________ is the person who appeared before me, and who signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the ________________ of the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: January____, 2012 _____________________________ Notary Public in and for the State of Washington, residing at __________. My appointment expires: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ________________________ is the person who appeared before me, and who signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the ________________ of Vision House to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: January ____, 2012 _____________________________ Notary Public in and for the State of Washington, residing at __________. My appointment expires: 7d. ‐ Community Services Department recommends approval of a second  amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 16 of 99 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appointment of Community & Economic Development (CED) Administrator Meeting: Regular Council - 22 Oct 2012 Exhibits: Issue Paper Submitting Data: Dept/Div/Board: Executive Staff Contact: Jay Covington, CAO, x6500 Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ 125,117.00 Transfer Amendment: $ Amount Budgeted: $ 152,317.00 Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: In March 2012, the position of Community & Economic Development (CED) Administrator was vacated. Mayor Law appointed Chip Vincent, Planning Director, as interim administrator for the CED department effective March 23, 2012. Chip Vincent was then appointed CED Administrator effective June 15, 2012. Under RMC 1-4-3, this postion is subject to confirmation by a majority of the members of the City Council. Because the CED Administrator position was included in the 2012 budget, there is no additional cost to the city. STAFF RECOMMENDATION: Confirm the appointment of Chip Vincent to the CED Administrator position; Grade m49, step A, effective June 15, 2012. 7e. ‐ Executive Department recommends confirmation of the  appointment of Chip Vincent as the new Community and Economic Page 17 of 99 EXECUTIVE DEPARTMENT M E M O R A N D U M DATE:October 22, 2012 TO:Rich Zwicker, President, Renton City Council Members of the Renton City Council CC:Denis Law, Mayor Nancy Carlson, HR/RM Administrator FROM:Jay Covington, Chief Administrative Officer SUBJECT:Appointment of Community and Economic Development Administrator Issue: Should the Council confirm the appointment of Chip Vincent to the position of Community and Economic Development Administrator, with a retroactive appointment date to June 15, 2012? Recommendation: As provided in Renton Municipal Code 1-4-3, confirm the appointment of Chip Vincent as Community and Economic Development Administrator, Grade m49, step A, effective June 15, 2012. Background: On March 23 of this year, Mayor Denis Law appointed Chip Vincent as the Interim Administrator for the City of Renton’s Community and Economic Development (CED) Department. Chip’s appointment followed the resignation of Alex Pietsch, who left Renton after he was appointed by Governor Christine Gregoire to head the Office of Aerospace. Vincent was hired by the City in 2008 as Director of Planning. In that role, he supervised the work of the planning division, which included applying and enforcing the city’s zoning, shoreline management, and environmental ordinances; reviewing and processing all land use and subdivision permit applications; representing the city on state, regional and county-level growth and planning-related boards and committees; and providing technical and professional support to the Planning Commission and City Council. Prior to his employment in Renton, Vincent worked for over 20 years with Pierce County, serving as its Advance Planning Division Manager for 14 of those years. Additionally, Chip has served as an Adjunct Professor at the University of Washington Tacoma since 2004, where he has taught many classes in the field of planning and development. Based on Chip’s knowledge, skills, and ability, he has been selected for leadership positions on county, regional, and state planning and development organizations including: ·Representing the South King County cities on the inter-jurisdictional team that 7e. ‐ Executive Department recommends confirmation of the  appointment of Chip Vincent as the new Community and Economic Page 18 of 99 Renton City Council Page 2 of 2 October 22, 2012 provides staff support and policy recommendations to the Growth Management Policy Council ·Serving as co-chair of the Regional Staff Committee and staff representative to the Transportation Policy Board for the Puget Sound Regional Council ·Serving on numerous boards and committees for the Washington State Association of City and County Planning Directors over the last 20 years The duties of the CED Administrator include directing the City’s economic development, land use planning, and development services. The CED Administrator is also responsible for developing and implementing the City’s Comprehensive Plan, and for supervising zoning and development regulations, building inspection, code enforcement, downtown redevelopment, business recruitment and retention, and coordination of state and federal legislative lobbying activities. It became obvious to Mayor Law and me after only a short period of time that Chip had the necessary knowledge, skills and abilities that we needed in a department administrator. Vincent quickly developed positive working relationships with department staff, his fellow department administrators, and the city’s regional partners. He demonstrated the ability to articulate a vision and direction for the department, while holding his subordinates accountable, and providing the necessary coaching and assistance to help them meet performance goals. In addition to appointing Chip to the position of CED Administrator, we are recommending the elimination of the Planning Director position in the 2013-2014 Budget, which will result in a savings of nearly $300,000 over the biennium. Conclusion: The Renton Municipal Code provides that all Department officers and administrators listed in Title 3 be appointed by the Mayor, subject to confirmation by a majority of the City Council. The CED Administrator position is one of those requiring confirmation. Mayor Law made the appointment of Chip Vincent to the CED Administrator position on June 15, 2012. Therefore, the City Council is asked to confirm the appointment retroactive to June 15, 2012. 7e. ‐ Executive Department recommends confirmation of the  appointment of Chip Vincent as the new Community and Economic Page 19 of 99 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Agreement with WA Military & US Homeland Security for 2012 Emergency Management Performance Grant (EMPG) Meeting: Regular Council - 22 Oct 2012 Exhibits: Issue Paper 2012 EMPG Contract E12-342 Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Deborah Needham, Emergency Management Director x7047 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 104,347 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $104,347 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The purpose of the Emergency Management Performance Grant (EMPG) agreement is to improve local emergency management programs. The EMPG provides supplemental funding to support the key components of a comprehensive national emergency management system for disasters and emergencies. Grant funds will be expended during FFY2012, per requirements of the EMPG. STAFF RECOMMENDATION: Approve the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract E12-342, and authorize the Mayor and City Clerk to sign 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 20 of 99 FIRE & EMERGENCY SERVICES DEPARTMENT M E M O R A N D U M DATE:October 22, 2012 TO:Rich Zwicker, Council President Members of the City Council VIA:Denis Law, Mayor FROM:Mark Peterson, Fire Chief/Emergency Services Administrator STAFF CONTACT:Deborah Needham, Emergency Management Director SUBJECT:2012 Emergency Management Performance Grant (EMPG) ISSUE The purpose of the EMPG is to assist in the development, maintenance and improvement of local emergency management programs. RECOMMENDATION Staff recommends that the City of Renton Council concur and authorize the Mayor and City Clerk to sign and execute the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract #E12-342. BACKGROUND The EMPG provides supplemental funding to support key components of a comprehensive national emergency management system for disasters and emergencies. Although EMPG funding is relatively stable the amount cannot be guaranteed. The City can reasonably expect a minimum of $35,000, which was anticipated as revenue and reflected in the 2012 budget. An additional $69,376 was ultimately granted, bringing the total award for the 2012 EMPG to $104,376. CONCLUSION The City of Renton’s Emergency Management capabilities would be greatly enhanced by the approval of the 2012 Emergency Management Performance Grant (EMPG), Contract #E12-342. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 21 of 99 DHS-FEMA-EMPG-FFY 12 Page 1 of 25 City of Renton E12-342 Form 6/13/2012 wjg Washington State Military Department HOMELAND SECURITY GRANT AGREEMENT FACE SHEET 1. Sub-grantee Name and Address: City of Renton Office of Emergency Management 1055 S. Grady Way, 7th Floor Renton, WA 98057-3232 2. Grant Agreement Amount: $104,376 3. Grant Agreement Number: E12-342 4. Sub-grantee Contact, phone number: Deborah Needham, (425) 430-7027 5. Grant Agreement Start Date: June 1, 2012 6. Grant Agreement End Date: August 31, 2013 7. Department Program Manager, phone number: Sierra Wardell, (253) 512-7121 8. Data Universal Numbering System (DUNS): 92278894 9. UBI # (state revenue): 177000094 10. Funding Authority: Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS) 11. Federal Funding Source Agreement #: EMW-2012-App-00071 12. Department Funding Code (PI): 723PT 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: 97.042 EMPG 14. TIN: 91-6001271 15. Service Districts: (BY LEGISLATIVE DISTRICT): 5,11,37,41,47 (BY CONGRESSIONAL DISTRICT): 8,9 16. Service Area by County(ies): King 17. Women/Minority-Owned, State Certified?: X N/A  NO  YES, OMWBE #_________ 18. Agreement Classification  Personal Services  Client Services X Public/Local Gov’t  Collaborative Research  A/E  Other________ 19. Contract Type (check all that apply):  Contract X Grant X Agreement  Intergovernmental (RCW 39.34)  Interagency 20. Sub-Grantee Selection Process: X “To all who apply & qualify”  Competitive Bidding  Sole Source  A/E RCW  N/A  Filed w/OFM?  Advertised?  YES NO _______ 21. Sub-Grantee Type (check all that apply)  Private Organization/Individual  For-Profit X Public Organization/Jurisdiction  Non-Profit  VENDOR X SUBRECIPIENT  OTHER 22. PURPOSE: Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management programs to support and enhance those programs as described in the Work Plan. IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Work Plan 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the grant agreement incorporated by reference. WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FOR THE DEPARTMENT: _____________________________________________ Signature Date Dan Swisher, Chief Financial Officer Emergency Management Division Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Brian E. Buchholz, Signature on file Date 6/13/2012 Assistant Attorney General FOR THE APPLICANT: __________________________________________ Signature Date Denis Law, Mayor Attest: __________________________________________ Signature Date Bonnie I. Walton, City Clerk 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 22 of 99 DHS-FEMA-EMPG-FFY 12 Page 2 of 25 City of Renton E12-342 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I -- KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUB-GRANTEE MILITARY DEPARTMENT Name Deborah Needham Name Sierra Wardell Title Emergency Management Director Title EMPG Program Manager E-Mail dneedham@rentonwa.gov E-Mail sierra.wardell@mil.wa.gov Phone 425-430-7027 Phone 253-512-7121 Name Mindi Mattson Name Gary Stumph Title EM Coordinator Title EMPG Program Coordinator E-Mail mmattson@rentonwa.gov E-Mail gary.stumph@mil.wa.gov Phone 425-430-7041 Phone 253- 512-7483 Name Kelly Carey Name Olivia Hollowwa Title Admin Secretary Title EMPG Program Coordinator E-Mail kcarey@rentonwa.gov E-Mail olivia.hollowwa@mil.wa.gov Phone 425-430-7053 Phone 253-512-7149 ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Sub-grantee shall comply with all applicable state and federal laws, regulations and program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the following: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; Office of Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (formerly OMB Circular A-110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2, Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Grant funds will not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. The Sub-grantee, upon written request by the Department, DHS or FEMA, shall demonstrate through supporting records and documentation that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance by governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c), which states: “Any cost allocable to a particular Federal award or cost objective under the principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons.” However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 23 of 99 DHS-FEMA-EMPG-FFY 12 Page 3 of 25 City of Renton E12-342 existing program agreements. Non-governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2. 5. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance referenced in the “FY 2012 Emergency Management Performance Grants (EMPG) Program Funding Opportunity Announcement (FOA)”, which can be found at http://www.fema.gov/government/grant/empg/ and are hereby incorporated in and made a part of this Agreement. 6. The Sub-grantee shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109- 282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department Attachment #1, Attachment #1 attached to and made a part of this Agreement. ARTICLE III – REIMBURSEMENT/INVOICING PROCEDURES 1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Grant Agreement. Any travel or subsistence reimbursement allowed under the Grant Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall not exceed federal maximum rates set forth at http://www.gsa.gov without prior written approval by Department key personnel. 2. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this Grant Agreement must be maintained by the Sub-grantee and be made available upon request by the Department, and local, state, or federal auditors. 3. The Sub-grantee will submit reimbursement requests to the Department by submitting a signed A-19 Invoice form and a completed reimbursement spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests shall be submitted to the Department’s key personnel and must be submitted no more frequently than monthly; and it is required that invoices be submitted at least bi-annually. 4. All work under this Agreement must end on or before the Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Agreement End Date. The maximum amount of all reimbursement requests permitted to be submitted under this Grant Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. 5. No equipment or supply costs will be reimbursed until the related equipment/supplies have been received by the Sub-grantee and invoiced by the vendor. 6. Requests for reimbursement of equipment purchases must include a copy of the vendor’s invoice and packing slip or a statement signed and dated by the Sub-grantee’s authorized representative that states “all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements”. 7. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including but not limited to those reports in the Milestone Timeline and the Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. 8. Final reimbursement requests will not be approved for payment if the Sub-grantee is not current with all reporting requirements contained in this Agreement. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 24 of 99 DHS-FEMA-EMPG-FFY 12 Page 4 of 25 City of Renton E12-342 ARTICLE IV – REPORTING REQUIREMENTS 1. The Sub-grantee shall submit with each reimbursement request a report describing completed Work Plan activities for which reimbursement is sought. 2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall submit to the Department’s key personnel a final report describing all completed activities under this Grant Agreement and new activities for which grant funding will be sought in the upcoming grant cycle’s Work Plan. If a Sub-grantee will not be applying for grant funding during the next annual grant cycle application process, a final report will be submitted to the Department detailing progress on all activities listed in the Work Plan. ARTICLE V – EQUIPMENT MANAGEMENT All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will be recorded and maintained in the Sub-grantee’s equipment inventory system. 1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub- recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of ownership is in place. 2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment including all questions of liability. The Sub-grantee shall develop appropriate maintenance schedules and procedures to ensure the equipment is well maintained and kept in good operating condition. 3. The Sub-grantee shall maintain equipment records that include: a description of the property; the manufacturer’s serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Sub-grantee for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Sub-grantee until all litigation, claims, or audit findings involving the records have been resolved. 5. The Sub-grantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Sub-grantee to determine the cause of the difference. The Sub-grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated and sent to the Department. 7. If the Sub-grantee is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. 8. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to the awarding agency. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 25 of 99 DHS-FEMA-EMPG-FFY 12 Page 5 of 25 City of Renton E12-342 b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring agency for its share. 9. As recipient of federal funds the Sub-grantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this Grant Agreement. 10. Allowable equipment categories for the FY 2012 EMPG Program are listed on the web- based version of the Authorized Equipment List (AEL) located at the Responder Knowledge Base at http://www.rkb.us/. Reimbursement will only be provided for equipment that (1) is on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through the Department; Sub-grantees must contact the Department representative for assistance in seeking FEMA approval for equipment not on the AEL. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted standards to be eligible for purchase using EMPG funds. In addition, Sub-grantees must obtain and maintain all necessary certifications and licenses for the equipment. Sub- grantees are solely responsible for ensuring equipment eligibility. ARTICLE VI – ENVIRONMENTAL AND HISTORICAL PRESERVATION 1. The Sub-grantee shall ensure full compliance with FEMA’s Environmental and Historic Preservation (EHP) Program. Information about these requirements is located at http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm. 2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The Sub-grantee is advised that any project or expenditure with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review. Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of funds. ARTICLE VII – PROCUREMENT The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36, Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the Department for review and approval prior to the Sub-grantee’s award and execution of a contract. This requirement must be passed on to all of the Sub-grantee’s sub-contractors, at which point the Sub-grantee will be responsible for reviewing and approving their sub- contractors’ sole source justifications. ARTICLE VIII – SUB-GRANTEE MONITORING 1. The Department will monitor the activities of the Sub-grantee from award to closeout. The goal of the Department’s monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. 2. Monitoring activities may include, but are not limited to: a. review of performance reports; b. monitor and document the completion of Grant Agreement deliverables; c. documentation of phone calls, meetings, e-mails and correspondence; d. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Grant Agreement budget and federal requirements; e. observation and documentation of Grant Agreement related activities, such as exercises, training, funded events and equipment demonstrations; 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 26 of 99 DHS-FEMA-EMPG-FFY 12 Page 6 of 25 City of Renton E12-342 f. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. 3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub- recipients who receive pass-through funding from this Agreement. ARTICLE IX – GRANT AGREEMENT MODIFICATION REQUESTS A Sub-grantee may request a modification to the Grant Agreement in writing to the Department key personnel. Modifications may be requested for Grant Agreement end date, budget or scope change. ARTICLE X – NIMS COMPLIANCY 1. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2012 (FFY12) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2012 must be met. 2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, Tribal nations, nongovernmental organizations including voluntary organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 3. All local government and Tribal nation sub-grantees should update their respective NIMS Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit a Corrective Action Plan via NIMSCAST for FFY11. Corrective Action Plans are only required if a jurisdiction fails to meet one of the NIMS implementation activities. Comprehensive information concerning NIMS implementation for States, Tribal nations, local governments, nongovernmental organizations, and the private sector is available through the National Integration Center (NIC) at FEMA’s NIMS Resource Center at http://www.fema.gov/emergency/nims. 4. Local governments and tribal nations should continue to implement NIMS training guidance (course curricula and instructor qualifications) contained in the Five-Year NIMS Training Plan, released in February 2008 and any successor guidance released by FEMA. [Note: Coursework and training developed and/or delivered by National Wildfire Coordinating Group (NWCG) meet the course and instructor requirements of the Five-Year NIMS Training Plan]. NIMS training guidance is available on FEMA’s NIMS Resource Center at http://www.fema.gov/emergency/nims/NIMSTrainingCourses.shtm. ARTICLE XI – EMPG SPECIFIC REQUIREMENTS 1. The Washington State Military Department Emergency Management Division (EMD) receives grant funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG) Program. The funding assists state and local governments enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended, 42 U.S.C. 5121-5207). 2. A portion of the FFY12 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the qualifications specified in WAC 118-09 regarding emergency management assistance funds was awarded a sub-grant based on the size of their agency’s emergency 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 27 of 99 DHS-FEMA-EMPG-FFY 12 Page 7 of 25 City of Renton E12-342 management operating budget. Funds are used by local jurisdictions and tribes to enhance their emergency management capability. 3. Funds are provided by DHS/FEMA solely for the use of supporting emergency management programs as provided by the EMPG Program. The Sub-grantee shall use the funds to perform tasks as described in the Work Plan of the Sub-grantee’s application for funding, as approved by the Department. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 4. The Sub-grantee shall provide a match of $104,376 of non-federal origin. Match (cost share) may be cash or in-kind. To meet matching requirements, the Sub-grantee contributions must be reasonable, allowable, allocable and necessary under the grant program and must comply with all Federal requirements and regulations, including but not limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate mechanism must be in place to capture, track and document match. 5. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Grant Agreement prior to distribution of appropriated federal funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 6. Exercises that are implemented with grant funds must meet the requirements of the FFY12 EMPG Program. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 28 of 99 DHS-FEMA-EMPG-FFY 12 Page 8 of 25 City of Renton E12-342 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms will have the meaning set forth below: a. "Department” means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Sub-grantee" means the government or other eligible legal entity to which a sub- grant is awarded and which is accountable to the Grantee for the use of the funds provided under this Grant Agreement, and includes all employees of the Sub-grantee and any sub-contractor retained by the Sub-grantee as permitted under the terms of this Grant Agreement. The term “Sub-grantee” and “Contractor” may be used interchangeably in this Agreement. c. “Sub-grantee Agent” means the official representative and alternate designated or appointed by the Sub-grantee in writing and authorized to make decisions on behalf of the Sub-grantee. d. “Grantee” means the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this Grant Agreement, the state of Washington is the Grantee. The Grantee and the DEPARTMENT are one and the same. e. “Monitoring Activities” means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, authorities and policies. f. “Investment Justification” means grant application investment justification submitted by the sub-grantee describing the project for which federal funding is sought and provided under this Grant Agreement. Such grant application investment justification is hereby incorporated into this Grant Agreement by reference. g. “PL” – is defined and used herein to mean the Public Law. h. “CFR” – is defined and used herein to mean the Code of Federal Regulations. i. “OMB” – is defined and used herein to mean the Office of Management and Budget. j. "WAC ” – is defined and used herein to mean the Washington Administrative Code. k. "RCW" – is defined and used herein to mean the Revised Code of Washington. A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (amended June 27, 2003, effective for fiscal years ending after December 31, 2003, and further amended June 26, 2007). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term “non-federal entity” means a State, local government, or non-profit organization, and the term “State” includes Indian tribes. Circular A-133 is available on the OMB Home Page at http://www.omb.gov. SUB-GRANTEES required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 29 of 99 DHS-FEMA-EMPG-FFY 12 Page 9 of 25 City of Renton E12-342 the Comptroller General and the OMB Compliance Supplement. The SUB-GRANTEE- grantee has the responsibility of notifying its auditor and requesting an audit in compliance with Circular A-133, to include the Washington State Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by Circular A- 133. The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-contractors also maintain auditable records. The SUB-GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its sub-contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The SUB-GRANTEE must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed costs resulting from the audit. Once the single audit has been completed, the SUB-GRANTEE must send a full copy of the audit to the DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The SUB-GRANTEE must send the audit and the letter no later than nine (9) months after the end of the SUB- GRANTEE’s fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective action plan for any audit findings and a copy of the management letter if one was received. If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133, SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The SUB-GRANTEE shall include the above audit requirements in any sub-contracts. Conducting a single or program-specific audit in compliance with Circular A-133 is a material requirement of this Grant Agreement. In the absence of a valid claim of exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to comply with said audit requirements may result in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with Circular A-133; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 30 of 99 DHS-FEMA-EMPG-FFY 12 Page 10 of 25 City of Renton E12-342 A.3 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. SUB-GRANTEE shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.4 AMENDMENTS AND MODIFICATIONS The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other understandings or agreements, written or oral, shall be binding on the parties. A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part 35. The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.6 ASSURANCES DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall be incorporated into this Grant Agreement by reference. Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub- recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered transactions” by any federal department or agency. “Covered transactions” include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to sub-recipients for any amount. With respect to covered transactions, the SUB-GRANTEE may comply with this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or by checking the Excluded Parties List System (EPLS) maintained by the federal General Services Administration (GSA). The SUB-GRANTEE also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries’ “Debarred Contractor List.” A.8 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUB-GRANTEE or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such the SUB-GRANTEE who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 31 of 99 DHS-FEMA-EMPG-FFY 12 Page 11 of 25 City of Renton E12-342 direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of the SUB-GRANTEE’s or its contractor’s noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability arising from its failure to comply with applicable law, regulation, executive order, OMB Circular or policy. A.10 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUB-GRANTEE's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT. However, the parties acknowledge that the DEPARTMENT, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public Records Act. A.11 DISPUTES The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes arising out of or relating to this Grant Agreement through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this Agreement, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this dispute resolution process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. A.12 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 32 of 99 DHS-FEMA-EMPG-FFY 12 Page 12 of 25 City of Renton E12-342 omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the SUB- GRANTEE, or SUB-GRANTEE's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act. A.13 LIMITATION OF AUTHORITY – Authorized Signature The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the DEPARTMENT’s Authorized Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the SUB- GRANTEE shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.14 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a “Termination for Cause” without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.15 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the SUB-GRANTEE. A.16 NONDISCRIMINATION The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 33 of 99 DHS-FEMA-EMPG-FFY 12 Page 13 of 25 City of Renton E12-342 honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. A.17 NOTICES The SUB-GRANTEE shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The SUB-GRANTEE represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so comply. A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the SUB- GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.20 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.22 PUBLICITY The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity matters relating to this Grant Agreement wherein the DEPARTMENT’s name is mentioned or language used from which the connection of the DEPARTMENT’s name may, in the DEPARTMENT’s judgment, be inferred or implied. The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA’s financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 34 of 99 DHS-FEMA-EMPG-FFY 12 Page 14 of 25 City of Renton E12-342 A.23 RECAPTURE PROVISION In the event the SUB-GRANTEE fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the SUB- GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees. A.24 RECORDS a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the SUB-GRANTEE's contracts, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement (the “records”). b. The SUB-GRANTEE's records related to this Grant Agreement and the projects funded may be inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the SUB- GRANTEE with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the Grant Agreement. c. The records shall be made available by the SUB-GRANTEE for such inspection and audit, together with suitable space for such purpose, at any and all times during the SUB-GRANTEE's normal working day. d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement. A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the project/statement of work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the SUB- GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the SUB-GRANTEE in connection with the project. The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 35 of 99 DHS-FEMA-EMPG-FFY 12 Page 15 of 25 City of Renton E12-342 A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the SUB-GRANTEE hereby certifies that to the best of their knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the SUB-GRANTEE to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Grant Agreement, grant, loan, or cooperative agreement, the SUB-GRANTEE will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as applicable, the SUB-GRANTEE will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.28 SUB-CONTRACTING The SUB-GRANTEE shall use a competitive procurement process in the award of any contracts with contractors or sub-contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or with OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE. All sub-contracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference. A.29 SUB-GRANTEE NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 36 of 99 DHS-FEMA-EMPG-FFY 12 Page 16 of 25 City of Renton E12-342 It is understood that if the SUB-GRANTEE is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the SUB-GRANTEE or its staff required by statute or regulation that are applicable to Grant Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may terminate this Grant Agreement by providing written notice of such termination to the DEPARTMENTS’s Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole discretion and in the best interests of the State of Washington, may terminate this Grant Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE has failed to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE unable to perform any aspect of the Grant Agreement, or has violated any of the covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Grant Agreement in whole or in part. The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT’s discretion. Any time allowed for cure shall not diminish or eliminate the SUB-GRANTEE’s liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB- GRANTEE in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant Agreement may be terminated in whole or in part. The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the DEPARTMENT to terminate the Grant Agreement in whole or in part. In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Grant Agreement and the replacement or cover Grant Agreement and all administrative 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 37 of 99 DHS-FEMA-EMPG-FFY 12 Page 17 of 25 City of Renton E12-342 costs directly related to the replacement Grant Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or (2) failure to perform was outside of the SUB-GRANTEE’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”. A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination notice. Upon termination of this Grant Agreement and in addition to any other rights provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE to deliver to the DEPARTMENT any property specifically produced or acquired for the performance of such part of this Grant Agreement as has been terminated. If the termination is for convenience, the DEPARTMENT shall pay to the SUB- GRANTEE the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the DEPARTMENT prior to the effective date of Grant Agreement termination, and the amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Grant Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination. The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or liability. The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing, the SUB-GRANTEE shall: a. Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or facilities in relation to this Grant Agreement except as may be necessary for completion of such portion of the work under the Grant Agreement as is not terminated; c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the DEPARTMENT, all of the rights, title, and interest of the SUB- GRANTEE under the orders and sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and sub-contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent directed by the DEPATMENT any property which, 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 38 of 99 DHS-FEMA-EMPG-FFY 12 Page 18 of 25 City of Renton E12-342 if the Grant Agreement had been completed, would have been required to be furnished to the DEPARTMENT; f. Complete performance of such part of the work as shall not have been terminated by the DEPARTMENT in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection and preservation of the property related to this Grant Agreement which is in the possession of the SUB-GRANTEE and in which the DEPARTMENT has or may acquire an interest. A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the Grant Agreement specifically provides for different rates, any travel or subsistence reimbursement allowed under the Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The SUB-GRANTEE may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking) that are authorized under this Agreement. A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The SUB-GRANTEE is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The SUB-GRANTEE may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.36 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.37 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. APPROVED 6/13/2012 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 39 of 99 DHS-FEMA-EMPG-FFY 12 Page 19 of 25 City of Renton E12-342 Exhibit C AC T I V I T Y # 2012 Emergency Management Program Workplan Agency: City of Renton Required Activities for EMPG eligibility The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding, however , there are required capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to communicate and warn, educate the public, train and exercise, plan and be NIMS compliant 1 Core Planning Capability or EMF General Plan for 12EMPG: Work with consultant to finish COOP plan and EOC procedures including just-in-time training. Revise/update CEMP. Complete Debris Management Plan. 2 Core Communication and Warning Capability or EMF General Plan for 12EMPG: Participate in state and local communications tests. Add technology to MCRU, EOC and repeater system, update CodeRED system data. 3 Core Public Education and Information Capability or EMF General Plan for 12EMPG: Continue Renton Emergency Preparedness Academy classes. Conduct "Ready in Renton" preparedness campaign in September. Update outreach materials to align with new regional campaigns. Contingent on award of VISTA/AmeriCorps position (expected to start in 9/2012), expand public education outreach within Renton. 4 Core Training Capability or EMF General Plan for 12EMPG: Train additional city staff and volunteers in EOC operations. Review and document NIMS compliance. Conduct CERT training. Conduct animal shelter training. Conduct damage assessment training for city staff. Sponsor city staff attendance at IAEM and staff/volunteer attendance at other emergency management conferences and special workshops. 5 Core Exercises Capability or EMF General Plan for 12EMPG: Participate in Evergreen Quake 2012 exercise. Conduct functional EOC exercise. 6 Core Operations and Procedures Capability or EMF General Plan for 12EMPG: Revise EOC written procedures. Complete animal sheltering operational plan/SOP. Augment animal and human sheltering capabilities. Add/rearrange EOC furniture to create 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 40 of 99 DHS-FEMA-EMPG-FFY 12 Page 20 of 25 City of Renton E12-342 just-in-time training area for more effective operations. 7 Core Mutual Aid Capability or EMF General Plan for 12EMPG: Initiate negotiations with King County to enter into an MOU to share a D- STAR repeater system. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 41 of 99 DHS-FEMA-EMPG-FFY 12 Page 21 of 25 City of Renton E12-342 Exhibit D MILESTONE TIMELINE FFY12 Emergency Management Performance Grant Program MILESTONE TASK June 1, 2012 Start of Grant Agreement performance period. August 31, 2013 End of grant performance period. October 15, 2013 Submit all final reports, requests for reimbursement and/or deliverables. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 42 of 99 DHS-FEMA-EMPG-FFY 12 Page 22 of 25 City of Renton E12-342 Exhibit E Budget Sheet FFY12 Emergency Management Performance Grant Program Category Amount Salaries and Benefits $ In-Direct Costs $ Travel $14,000 Equipment $20,000 Supplies $20,500 Telephones $ IT $4,895 Printing $ Janitorial / Maintenance $ Subcontractor $44,981 Other $ FFY12 EMPG Award $104,376 • The award for the City of Renton is based on the FFY11 allocation factor of 18.1% of approved local/tribal emergency management operating budgets. • The City of Renton will provide a match of 50% of the total project cost ($104,376) of non- federal origin. • A total of 5% of this award can be used to pay for management and administration of this contract. • Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without prior written authorization from the Department. • This award will not be used to supplant the local/tribal funds. • The Department’s Reimbursement Spreadsheet will accompany each reimbursement request submitted. • The Contractor agrees to make all records available to Military Department staff, upon request. Funding Source: U.S. Department of Homeland Security - PI# 723PT – EMPG 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 43 of 99 DHS-FEMA-EMPG-FFY 12 Page 23 of 25 City of Renton E12-342 ATTACHMENT #1 ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET For Compliance With The Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual transactions below $25,000 or credit card transactions before October 1, 2008. However, if an award is initially below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients are required by the Military Department to be familiar with the FFATA requirements and complete this Worksheet for each contract for the State’s submission in to the FFATA portal. ADDITIONAL PROVISIONS A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor agrees to provide all applicable reporting information to the Washington Military Department (WMD) required by FFATA and OMB Guidance. B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov) containing information about entities that are awarded Federal grants, loans, and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier subawards related to Federal contracts and grants, and the executive compensation of awardees, must be made publicly available. C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than $25,000, reporting of the subaward and executive compensation information is required. If the initial subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de-obligated such that the total award amount falls below $25,000, the subaward continues to be subject to the reporting requirements of the Transparency Act and OMB Guidance. D. As a Federal grant subawardee under this contract, your organization is required by FFATA, OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number, and relevant executive compensation data, as applicable. 1. Data about your organization will be provided to USASpending.gov by the WMD or by the Federal Contractor Registry (CCR). CCR is a government wide registration system for organizations that do business with the Federal Government. CCR stores information about awardees including financial account 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 44 of 99 DHS-FEMA-EMPG-FFY 12 Page 24 of 25 City of Renton E12-342 information for payment purposes and a link to D&B for maintaining current DUNS information, www.ccr.gov. WMD encourages CCR registration and annual renewal by your organization to minimize unnecessary data entry and re- entry required by both WMD and your organization. It will also reduce the potential of inconsistent or inaccurate data entry. 2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS number provides a method to verify data about your organization. D&B is responsible for maintaining unique identifiers and organizational linkages on behalf of the Federal Government for organizations receiving Federal assistance. E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the five (5) most highly compensated officers of your organization (as the subawardee) if: 1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards; and 2. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. “Total compensation” for purposes of this requirement generally means the cash and non-cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock, stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation for the five most highly compensated officers of your organization in the table below. 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 45 of 99 DHS-FEMA-EMPG-FFY 12 Page 25 of 25 City of Renton E12-342 WORKSHEET Subrecipient Agency: Grant and Year: Agreement Number: Completed by: Name Title Telephone Date Completed: STEP 1 Is your grant agreement less than $25,000? YES C STOP, no further analysis needed, GO to Step 6 NO C h GO to Step 2 STEP 2 In your preceding fiscal year, did your organization receive 80% or more of its annual gross revenues from federal funding? YES C GO to STEP 3 NO C h STOP, no further analysis needed, GO to Step 6 STEP 3 In your preceding fiscal year, did your organization receive $25,000,000 or more in federal funding? YES C GO to STEP 4 NO C STOP, no further analysis needed, GO to Step 6 STEP 4 Does the public have access to information about the total compensation* of senior executives in your organization? YES C STOP, no further analysis needed, GO to step 6 NO C h GO to STEP 5 STEP 5 Executive #1 Name: Total Compensation amount: $ Executive #2 Name: Total Compensation amount: $ Executive #3 Name: Total Compensation amount: $ Executive #4 Name: Total Compensation amount: $ Executive #5 Name: Total Compensation amount: $ STEP 6 If your organization does not meet these criteria, specifically identify below each criteria that is not met for your organization: For Example: "Our organization received less than $25,000." Signature: _____________________________________________ Date: * Total compensation refers to: • Salary and bonuses • Awards of stock, stock options, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources: http://www.whitehouse.gov/omb/open http://www.hrsa.gov/grants/ffata.html http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf http://www.grants.gov/ 7f. ‐ Fire and Emergency Services Department recommends approval of  an agreement with the Washington State Military Department to accept Page 46 of 99 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: MOU Washington Traffic Safety Commission for Target Zero overtime funding Meeting: Regular Council - 22 Oct 2012 Exhibits: MOU Washington Traffic Safety Commission Submitting Data: Dept/Div/Board: Police Staff Contact: Clark Wilcox, x7597 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $7,500 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$7,500 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: A Memorandum of Understanding (MOU) with the Washington Traffic Safety Commission will provide overtime funding to law enforcement agencies to conduct multijurisdictional, high visibility enforcement, traffic safety emphasis patrols in support of Target Zero priorities, reducing traffic related deaths and serious injuries. STAFF RECOMMENDATION: Approve the MOU with the Washington Traffic Safety Commission and authorize the Mayor and City Clerk to sign 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 47 of 99 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 48 of 99 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 49 of 99 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 50 of 99 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 51 of 99 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 52 of 99 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 53 of 99 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 54 of 99 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 55 of 99 7g. ‐ Police Department requests approval of a memorandum of  understanding with the Washington State Traffic Safety Commission to Page 56 of 99 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Rent Increase for Month-to-Month City T-Hangars Meeting: Regular Council - 22 Oct 2012 Exhibits: Issue Paper Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager, x 7471 Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$10,019.88 (annual) Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Airport manages 39 aircraft T-hangars on a month-to-month basis to individual pilots for $372.21 per month plus leasehold excise tax. The last rent increase was in August 2009. An increase in monthly rent from $372.21 to $393.62, plus leasehold excise tax is requested and was determined using the difference between the Consumer Price Index – Urban for August 2009 and August 2012 of 5.75%. An additional $10,019.88 will be generated annually for the Airport. STAFF RECOMMENDATION: Approve an increase in the monthly rent for City T-Hangars from $372.21 to $393.62 plus leasehold excise tax ($444.16 w/tax) using the Consumer Price Index – Urban, effective January 1, 2013. 7h. ‐ Transportation Systems Division requests approval of a rent  increase for all City‐owned T‐Hangar units at the airport from $372.21 to Page 57 of 99 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:October 22, 2012 TO:Richard Zwicker, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Ryan Zulauf, Airport Manager (ext 7471) SUBJECT:Rent Increase for Month-to-Month City T-Hangars ISSUE: Should Council approve an increase in the monthly rent for City T-Hangars from $372.21 to $393.62 plus leasehold excise tax using the Consumer Price Index – Urban (CPI-U)? RECOMMENDATION: Approve an increase in the monthly rent for City T-Hangars from $372.21 to $393.62, plus leasehold excise tax ($444.16 w/tax) using the Consumer Price Index – Urban effective January 1, 2013. BACKGROUND: The Airport manages 39 aircraft T-hangars on a month-to-month basis to individual pilots and pilot partnerships. The current monthly rent is $372.21 plus leasehold excise tax ($420 w/tax). The last rent increase occurred in August 2009. A periodic rent increase of month-to-month hangar and tiedowns is performed every three to five years. The difference in the Consumer Price Index – All Urban Consumers for Seattle-Tacoma-Bremerton between August 2009 and August 2012 is an increase of 5.75%. The new monthly rent is determined to be $393.62 ($372.21 x 1.0575 = $393.62) plus leasehold excise tax ($444.16 w/tax of 12.84%). The effective date of this increase is January 1, 2013. This rent increase will generate $10,019.88 (39 x $21.41 x 12 = $10,019.88) in additional annual revenue for the Airport. The Airport maintains a T-hangar waiting list for its hangars and there are currently 57 pilots waiting to rent a City T-hangar. 7h. ‐ Transportation Systems Division requests approval of a rent  increase for all City‐owned T‐Hangar units at the airport from $372.21 to Page 58 of 99 Richard Zwicker, Council President Members of the Renton City Council Page 2 of 2 October 22, 2012 h:\file sys\air - airport, transportation services division\03 projects\01 tasks\agenda bills\2012 agenda bills\agenda bill - t-hangar unit rent increase\issuepaper - t hangar unit rent increase.doc cc:Connie Brundage, Transportation Administrative Secretary Susan Campbell-Hehr, Airport Secretary 7h. ‐ Transportation Systems Division requests approval of a rent  increase for all City‐owned T‐Hangar units at the airport from $372.21 to Page 59 of 99 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Aircraft Tiedown Storage Rental Increase Meeting: Regular Council - 22 Oct 2012 Exhibits: Issue Paper Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager, x7471 Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$6,584.40 (annual) Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Airport manages 31 tiedown spaces on the Airport under Aircraft Tiedown Agreements with individual pilots for $88.62, plus leasehold excise tax ($100 w/tax). The last rate increase was February 2008. An increase to $106.34, plus leasehold excise tax ($120.00 w/tax) is being requested. Airport Fixed Base Operators currently rent their tiedown space for $120.00 per month and in order to maintain a competitive market on the Airport, City tiedowns need to be increased to match what Fixed Base Operators charge their tenants. STAFF RECOMMENDATION: Approve an increase in the monthly rental for City managed month-to-month tiedowns to $106.34, plus leasehold excise tax ($120 w/tax). 7i. ‐ Transportation Systems Division requests approval of a rent  increase for all Aircraft Tiedown Storage spaces at the airport from  Page 60 of 99 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:October 22, 2012 TO:Richard Zwicker, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Ryan Zulauf, Airport Manager (ext 7471) SUBJECT:Aircraft Tiedown Storage Rental Increase ISSUE: Should Council approve an increase in the monthly rental for City managed month-to-month tiedowns to $106.34, plus leasehold excise tax ($120 w/tax)? RECOMMENDATION: Approve an increase in the monthly rental for City managed month-to-month tiedowns to $106.34, plus leasehold excise tax ($120 w/tax). BACKGROUND: The Airport manages approximately 31 aircraft tiedown spaces around the Airport by renting them out on a month-to-month basis to individual pilots and pilot partnerships. The current monthly rental rate per tiedown is $88.62, plus leasehold excise tax ($100 w/tax). This amount is below what some of the leaseholders on the Airport are paying in rent for their tiedown spaces. The Airport’s business objective for tiedown is to make sure that leaseholders tiedown spaces are filled first, being primary and the City’s tiedowns are secondary. The last rent increase was February 2008. A rental increase is necessary in order to maintain a competitive market for Fixed Base Operators on the Airport who are renting their tiedown spaces for $120 or more per month. An increase of $17.72 per month ($106.34 - $88.62 = $17.72) before leasehold excise tax, for each of the 31 tiedown spaces will increase the Airport’s annual revenue by $6,584.40 (31 x 17.72 x 12 = $6,591.84). 7i. ‐ Transportation Systems Division requests approval of a rent  increase for all Aircraft Tiedown Storage spaces at the airport from  Page 61 of 99 Richard Zwicker, Council President Members of the Renton City Council Page 2 of 2 October 22, 2012 H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\2012 Agenda Bills\Agenda Bill - Tiedown Rent Increase cc:Connie Brundage, Transportation Administrative Secretary Susan Campbell-Hehr, Airport Secretary 7i. ‐ Transportation Systems Division requests approval of a rent  increase for all Aircraft Tiedown Storage spaces at the airport from  Page 62 of 99 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Estimate – CAG-11-115 SWP-27-3529 Lake Avenue South/Rainier Avenue South Storm System Project Meeting: Regular Council - 22 Oct 2012 Exhibits: Issue Paper Pay Estimate #17 Final Notice of Completion – State Combined Form Submitting Data: Dept/Div/Board: Public Works Staff Contact: Utility Systems Surface Water Utility Ron Straka, x7248, Daniel Carey, x7293 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 9,500 Transfer Amendment: $ Amount Budgeted: $ 1,278,633 (2012)Revenue Generated: $ Total Project Budget: $ 1,278,633 (2012)City Share Total Project: $ SUMMARY OF ACTION: James W Fowler Company started construction on the Lake Avenue South/Rainier Avenue South Storm System project on August 22, 2011, and completed the majority of the work on February 26, 2012. The project included installing 677 feet of new 30 to 36-inch storm line in the Lake Avenue South right-of- way between Rainier Avenue South and South 2nd Street. The original contract amount was $994,925 and the final contract amount is $1,505,393.64. Construction costs of $636,369 were paid out of the 2011 Capital Improvement Program (CIP) budget. The remaining $869,024.64 of construction costs were paid out of the 2012 CIP budget of $1,278,633. The increase of $510,468 was mainly due to unexpected soil problems and delays encountered while installing the new storm system by auger boring. The auger bore became stuck twice on unexpected buried metal debris. Because of the problems encountered with the auger boring part of the storm system had to be changed to open trench construction. The project is funded from the approved Surface Water Utility’s CIP Lake Avenue South/Renton Avenue South Storm System project (account #427.475445) and by a $121,006 grant from the 2010 King County Flood Control District Opportunity Fund. The approved 2012 Capital Improvement Program budget for the project is $1,278,663. There is sufficient budget remaining in the approved 2012 CIP budget to fund the final pay estimate and staff costs. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of $9,500, and release the retainage bond in the amount of $994,925 after 60 days, subject to the receipt of all required authorizations. 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 63 of 99 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:October 10, 2012 TO:Rich Zwicker, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Ron Straka, Surface Water Utility Supervisor, x7248 Daniel Carey, Surface Water Utility Engineer, x7293 SUBJECT:Final Pay Estimate – CAG-11-115, SWP-27-3529 Lake Avenue South/Rainier Avenue South Storm System Project ISSUE: Should Council accept the project, approve the final pay estimate in the amount of $9,500, and release the retainage bond in the amount of $994,925 after 60 days, subject to the receipt of all required authorizations? RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of $9,500, and release the retainage bond in the amount of $994,925 after 60 days, subject to the receipt of all required authorizations. BACKGROUND: The Lake Avenue South/Rainier Avenue South Storm System project is located between South 3rd Street and South 2nd Street in the vacated right-of-way for Lake Avenue South (see attached vicinity map). When the City vacated the right-of-way it retained an easement over the right-of-way for City utilities. The existing storm system runs through the parking lots of the Taco Time restaurant, Safeway Shopping Center, and Walker’s Renton Subaru used car lot. The purpose of the project was to replace approximately 650 feet of the City’s existing 24-inch storm water system with a new storm system capable of carrying the peak flow from the drainage basin. The existing storm system was about 50 years old and sections of the 24-inch pipe were in poor structural condition. The project replaced the cracking section of the old storm system with new pipe and increased the flow capacity of the storm system to reduce the potential for flooding in Lake Avenue South. Construction of the project involved several challenging conditions. The excavation was relatively deep since the existing storm system was 12 to 13 feet below ground surface. The depth to groundwater was about 10 feet so constant dewatering would be needed 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 64 of 99 Mr. Rich Zwicker, Council President Page 2 of 5 October 10, 2012 h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3529 lake ave-rainier ave\1001 final payment\20121008b final issue paper-lakeave.doc\DCtp during construction. There was the potential to encounter petroleum impacted soil and groundwater in the southwest corner of the project area since those properties had previously been used for a gas station and an auto repair shop. The auger boring method of construction was selected over open trench excavation to minimize the amount of soil that would need to be excavated, and to minimize impacts to traffic and the businesses (Safeway, Walker’s Renton Subaru, and the smaller shops). Dewatering would still be needed along the casing route. However, the amount of dewatering needed would be less than for open trench excavation. If petroleum impacted soil or groundwater was encountered, the amount of soil and groundwater that would need special disposal would be less than for an open trench excavation. Using the auger boring would allow the businesses and their customers to use a larger area of the parking lot and travel lanes during construction than for open trench excavation, and would also reduce the amount of truck hauling for the project. At the start of construction the contractor James W Fowler Co., encountered some problems installing the groundwater dewatering wells by hydraulic jetting. The first three dewatering wells encountered unknown obstacles 8 to 12 feet down, and could not be completed to the 20 feet depth needed. The contractor switched to using a drilling rig to install the dewatering wells, and was able to install them to the required depth without further problems. The first auger boring pit was excavated on the Safeway property and the auger boring machinery started to bore casing #1 (see exhibit #1) toward the Walker’s Renton Subaru property. After boring about 55 feet, the auger became stuck on October 11, 2011, and was unable to be advanced or removed from the casing. The contractor had to dig down to the auger cutting head and found that wire and metal debris had jammed and damaged the cutting head (see exhibit #2). Apparently the auger was running into debris discarded by the old auto repair shop including wire, steel rods, wheel rims, tires and miscellaneous metal debris. It took about four days to dig down to the auger, remove the debris, and remove and repair the auger cutting head. The auger became stuck a second time on October 17, 2011. The contractor dug down to the cutting head and removed more metal debris. The debris included steel pipes, a wheel rim, a tire, and other metal debris. The attached photos (exhibit #3) show the type of debris that was removed. It took about two days to dig down and remove the debris from the auger. It appeared that more metal debris was in the ground ahead of the auger and it was likely that the auger would become stuck again. The Surface Water Utility (SWU) discussed the situation with the contractor and the engineering consultant, and decided to have the contractor mobilize a different type of boring machine called a pipe rammer in order to avoid open trench excavation and to minimize construction impacts to businesses. A pipe rammer is a pneumatic device that pushes the steel casing through the soil by repeated impacts. It is not as susceptible to jamming because it does not have a rotating cutting head that can be jammed. Any debris in the ground is usually pushed to the outside of the casing pipe or into the casing pipe where it is removed later when the casing is cleaned out. 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 65 of 99 Mr. Rich Zwicker, Council President Page 3 of 5 October 10, 2012 h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3529 lake ave-rainier ave\1001 final payment\20121008b final issue paper-lakeave.doc\DCtp It took about seven days to mobilize and set up the pipe rammer. The pipe rammer drove 40 feet of steel casing pipe and then the soil was cleaned out of the casing so the grade of the casing pipe could be checked. The contractor found that the casing pipe had entered a zone of soft, wet soil, and woody debris, including an old wooden post (exhibit #4). Because of the soft soil, the steel casing pipe was deflecting downward and was below the design grade at that location. Calculations showed that if the casing pipe continued to deflect downward at the same rate it would end up about 12 inches below the design grade at the end of the casing. If that occurred the new storm pipe would not be able to drain completely, and the design capacity of the new storm system would be reduced. To keep the new storm water pipe at the design grade, the SWU decided to stop using the pipe ramming method and install the remaining 118 feet of pipe in the Walker’s Renton Subaru property by open trench excavation. The next two sections of steel casing pipe, #2 and #3, were installed in the Safeway parking lot from boring pit #2. Approximately 224 feet of steel casing were installed by auger boring per the construction plans. The soils in that area did not contain the significant deposits of metal debris that caused the auger to become stuck in the first section of augering. Steel casing pipes #2 and #3 were installed without significant delays or changes. The geotechnical information did not contain any information in the boring logs or geotechnical reports to indicate that a large amount of metal debris was buried at the site. Only some traces of wood debris were noted in the boring logs. Because the project is located in the old Black River Channel traces of wood in the boring logs was not considered unusual and was not expected to cause any construction problems. COST INCREASES: The majority of the $510,468 construction cost increase for the project was caused by encountering unknown areas of buried metal and wood debris while installing the first section of steel casing pipe. The auger became stuck twice on metal debris and extra work was needed to free it. The switch to the pipe rammer enabled the casing to advance through the area of buried metal debris. However, the pipe rammer encountered problems with wet, mucky soil and was not able to maintain the casing design grade. It became necessary to finish that section of the new storm system by open cut excavation. Because of the deep construction and specialized boring equipment, the costs for extra work and delays for the project were high. The major construction cost increases for the project are summarized below. The change orders (CO) are listed in the general order that the events occurred. Major Change Orders Cost CO #5, Auger Stuck Twice (obstruction #1, #2)$78,378 CO #4, Change to Pipe Rammer $192,685 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 66 of 99 Mr. Rich Zwicker, Council President Page 4 of 5 October 10, 2012 h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3529 lake ave-rainier ave\1001 final payment\20121008b final issue paper-lakeave.doc\DCtp CO #1, 3C, Open Cut Installation (net increase)$47,022 CO #7, Construction Delay Claims $125,000 Total for Major Change Orders $443,085 The cost to free the auger boring the two times it became stuck was $78,378 (CO #5). The cost includes the labor and machinery needed to excavate down to the auger, provide shoring, remove the auger, repair the damaged cutting head, and place the auger back in the pit to start boring again. Some costs for dewatering the open cut excavation on the Walker’s Renton Subaru site were also included in CO #5. The change order cost for the pipe rammer was $192,685 (CO #4). The cost for using the pipe rammer was the largest part of the overrun since it was a specialized piece of equipment, and needed to be mobilized and transported to the site. The cost for the rammer included the rental cost, mobilization, labor and equipment needed to set up the rammer, using the rammer, removing it from the boring pit, and returning it to the yard. The cost to install the new storm system on the Walker’s Renton Subaru property by open trench excavation instead of auger boring was $104,230 (CO #1) plus $32,092 (CO #3C) for a total of $136,322. The cost includes the labor, machinery, and materials to excavate and install 118 feet of 36-inch storm pipe and one new catch basin. The cost also includes the material costs and removal of unused steel casing, which was a special order item (CO #3C). The costs were partially offset by the reduction in the auger boring bid item of -$89,300. The net increase in cost for the open trench excavation was $47,022. The change order cost for construction delay claims was settled for $125,000 (CO #7). The contractor submitted construction delay claims for $245,631 for the extra time the project took due to the delays with the auger boring becoming stuck twice, and delays due to other construction problems. The claims included the daily costs for equipment, extra costs for dewatering, pumps, utilities, the job trailer, fencing, and other items needed for the job site. The contractor also requested extra payment for installing the dewatering well by drilling after the hydraulic jetting encountered unknown obstacles. The SWU evaluated the claims, and concluded that about half the costs were either excessive or were already accounted for in the other change orders. The SWU and contractor agreed to settle all claims for $125,000. The cost increase in the final contract amount was $510,468. The total cost for the four major change orders noted above was $443,085. The remaining $67,383 in cost increases were due to smaller change orders needed for construction of the project and changes in various bid item quantities. Small Change Orders Cost CO #2B, Extra groundwater testing required for Metro Sewer Dewatering Disposal Permit. $8,774 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 67 of 99 Mr. Rich Zwicker, Council President Page 5 of 5 October 10, 2012 h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3529 lake ave-rainier ave\1001 final payment\20121008b final issue paper-lakeave.doc\DCtp CO #2A, 3A, 3B Design change to use sand fill in the casings to support the new storm pipe. $20,024 CO #6, Repair a broken tee in the sewer main, extra work for water main relocation problems, extra costs for working around a concrete duct bank, and other minor construction changes. $31,700 Changes in Bid Item Quantities $6,885 Total for Small Changes $67,383 The project is funded from the Surface Water Utility’s 427 Fund Capital Improvement Program for the Lake Avenue South/Renton Avenue South Storm System project (account #427.475445) with part of the project being funded by a $121,006 grant from the 2010 King County Flood Control District Opportunity Fund. The approved 2011 CIP budget for the project was $1,573,500. Construction costs of $636,369 were paid out of the 2011 CIP budget. The approved 2012 CIP budget for the project is $1,278,633. Construction costs of $869,024, which include the final pay estimate, will be paid out of the 2012 CIP budget. There is sufficient budget remaining in the 2012 CIP budget to pay the final pay estimate and staff costs. CONCLUSION: Accept the project, approve the final pay estimate in the amount of $9,500, and release the retainage bond in the amount of $994,925 after 60 days, subject to the receipt of all required authorizations. Attachments cc: Lys Hornsby, Utility Systems Director 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 68 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 69 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 70 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 71 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 72 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 73 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 74 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 75 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 76 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 77 of 99 7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier  Ave. S. Storm System Project, and requests approval of the project, final Page 78 of 99 9a. ‐ 2012 Comprehensive Emergency Management Plan (See 8.a.)Page 79 of 99 9a. ‐ 2012 Comprehensive Emergency Management Plan (See 8.a.)Page 80 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 81 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 82 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 83 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 84 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 85 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 86 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 87 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 88 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 89 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 90 of 99 9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates   (Approved via 10/15/2012 Committee of the Whole Report)Page 91 of 99 9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012  Committee of the Whole Report)Page 92 of 99 9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012  Committee of the Whole Report)Page 93 of 99 9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012  Committee of the Whole Report)Page 94 of 99 9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012  Committee of the Whole Report)Page 95 of 99 9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012  Committee of the Whole Report)Page 96 of 99 9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012  Committee of the Whole Report)Page 97 of 99 9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012  Committee of the Whole Report)Page 98 of 99 9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012  Committee of the Whole Report)Page 99 of 99