HomeMy WebLinkAboutCouncil 04/16/2012AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
April 16, 2012
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PROCLAMATION
a. Arbor Day/Earth Day ‐ April 28, 2012
4.SPECIAL PRESENTATION
a. Community Services Department Accreditation
5.PUBLIC MEETING
a. To consider the ballot measure and title to be submitted to the voters of the City of Renton
regarding location of the new downtown KCLS library, to address the costs associated with the
locations, and the ballot title language to be prepared by the City Attorney, which will include
the statement of the subject matter, the concise description of the measure and the question.
6.APPEAL
a. Planning & Development Committee report re: May Creek Drainage Improvement Permit &
Variance Appeal
INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING
State law requires that the City establish a process to handle appeals from application of environmental and
developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives
to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself.
The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi‐judicial body and
must obey rules of procedure of a court more than that of a political body.
By City Code, and by State law, the City Council may not consider new evidence in this appeal. The parties to the
appeal have had an opportunity to address their arguments to the Planning & Development Committee of the
City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from
considering new evidence, and because all parties have had an opportunity to address their concerns to the
Planning & Development Committee, the City Council may not consider oral or written testimony at the City
Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of
open discourse provided to citizenry during the audience comment portion of the City Council meeting.
However, this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by
the quick, easy, inexpensive and local appeal process provided by the Renton City Council.
7.ADMINISTRATIVE REPORT
Page 1 of 183
8.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 audience 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.
9.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 4/9/2012. Council concur.
b. Mayor Law appoints Chuck Kegley to the Airport Advisory Committee, Airport Leaseholders ‐
primary (position previously held by Michael O'Leary), for an unexpired term expiring on
5/7/2013. Refer to Community Services Committee.
c. Community and Economic Development Department recommends approval to hire three one‐
year limited term Construction Inspectors for funded tranportation projects on SW 27th
St./Strander Blvd., Garden Ave. N., Rainier Ave. S., and NE 4th St. Refer to Finance Committee.
d. Community Services Department recommends approval of an addendum to LAG‐06‐001, lease
with the Renton Housing Authority, to extend the term to 12/31/2012 for a house on the City‐
owned Edlund property located at 17611 103rd Ave. SE at a rate of $1 per year. Refer to
Finance Committee.
e. Community Services Department recommends approval of the First Amendment to LAG‐07‐006,
lease with Children’s Home Society of Washington, to extend the term to 2/28/2015 for Suite
510 at the 200 Mill Building at a rate of approximately $2,300 per month. Refer to Finance
Committee.
f. Community Services Department recommends approval of an amendment to LAG‐02‐001, lease
with Communities In Schools of Renton, to extend the term to 3/31/2015 for Suite 575 at the
200 Mill Building at a rate of approximately $590 per month. Refer to Finance Committee.
g. Fire and Emergency Services Department recommends approval of an agreement with the
Washington State Military Department to accept Federal Emergency Management
Administration Public Assistance Program grant funds in the estimated amount of $168,750,
for reimbursement of City expenses for the storm period of January 14 to 23, 2012. Council
concur.
h. Police Department requests authorization to replace the vacant Police Secretary (grade PN51)
position with a new Police Service Specialist (grade PN62) position. Council concur.
i. Transportation Systems Division requests authorization for an interfund loan to Fund 317 in an
amount up to $5.5 million from the City's pooled investment account (all funds) for a period
not to exceed 30 months from the recommended effective date of 7/1/2012. Refer to Finance
Committee.
j. Transportation Systems Division recommends approval of a Joint Utility Trench Construction
Agreement with Comcast in the amount of $472,000 for reimbursement for relocation of
Comcast facilities for the Rainier Ave. S. (SR 167) ‐ S. Grady Way to S. 2nd St. project. Council
concur.
Page 2 of 183
10.UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held
by the Chair if further review is necessary.
a. Finance Committee: Vouchers; Riverview Park Pedestrian Bridge & Habitat Project Grants*
b. Public Safety Committee: Liquor Control Board Concerns
11.RESOLUTIONS AND ORDINANCES
Resolutions:
a. Authorizing application for a Washington State Recreation and Conservation Office
Aquatic Land Enhancement (ALEA) grant (See 10.a.)
b. Authorizing application for a Washington State Recreaton and Conservation Office Land
and Water Conservation Fund (LWCF) grant (See 10.a.)
Ordinances for first reading:
a. School District Impact Fees (Approved via 4/2/2012 Committee of the Whole committee
report)
b. Water leak adjustment policy revision (Approved via 4/9/2012 Utilities Committee
committee report)
12.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
13.AUDIENCE COMMENT
14.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
April 16, 2012
Monday, 5:30 p.m.
Liberty Park Library Building Steering Committee Recommendations
• 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
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5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 5 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 6 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 7 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 8 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 9 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 10 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 11 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 12 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 13 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 14 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 15 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 16 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 17 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 18 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 19 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 20 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 21 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 22 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 23 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 24 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 25 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 26 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 27 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 28 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 29 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 30 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 31 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 32 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 33 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 34 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 35 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 36 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 37 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 38 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 39 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 40 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 41 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 42 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 43 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 44 of 183
5a. ‐ To consider the ballot measure and title to be submitted to the
voters of the City of Renton regarding location of the new downtown Page 45 of 183
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Appointment to Airport Advisory Committee
Meeting:
Regular Council - 16 Apr 2012
Exhibits:
Memo to Mayor Law, Subject: Appointment to the
Renton Airport Advisory Committee
Application for Boards/Commissions/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 Airport Advisory Committee:
Mr. Chuck Kegley, Airport Leaseholders, Primary Position, for an unexpired term expiring on May 7,
2013.
STAFF RECOMMENDATION:
Confirm Mayor Law's appointment of Mr. Kegley to the Airport Advisory Committee.
9b. ‐ Mayor Law appoints Chuck Kegley to the Airport Advisory
Committee, Airport Leaseholders ‐ primary (position previously held by Page 55 of 183
9b. ‐ Mayor Law appoints Chuck Kegley to the Airport Advisory
Committee, Airport Leaseholders ‐ primary (position previously held by Page 56 of 183
9b. ‐ Mayor Law appoints Chuck Kegley to the Airport Advisory
Committee, Airport Leaseholders ‐ primary (position previously held by Page 57 of 183
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Request for Approval to Hire Three Limited Term
Construction Inspectors for Funded Transportation
Projects.
Meeting:
Regular Council - 16 Apr 2012
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Neil Watts, Development Services Director, x-7218
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City is proceeding with construction of several funded transportation projects in the near future.
The additional inspection needs exceed the availability of existing staff. A roster of qualified
construction inspectors for these types of transportation projects has been established. Staff is
requesting authorization to hire the required inspectors on a limited term basis, not to exceed one year
without additional authorization for up to three additional positions. Costs will be charged to the
transportation project accounts (Fund 317) and will not require a budget increase.
As it is currently doing with every position, prior to hiring these positions, the Administration will
confirm the need against our existing resources to ensure we are operating as efficiently as we can.
Inclusion of the three limited term positions in the City budget will be accomplished as part of the next
budget adjustment ordinance.
STAFF RECOMMENDATION:
Authorize the hiring of up to three additional 1-year limited term construction inspectors for funded
Transportation projects on SW 27th Street/Strander Boulevard, Garden Avenue North, Rainier Avenue
South, and NE 4th Street.
9c. ‐ Community and Economic Development Department recommends
approval to hire three one‐year limited term Construction Inspectors for Page 58 of 183
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:April 4, 2012
TO:Rich Zwicker, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Neil Watts, Development Services Director, x-7218
SUBJECT:Request for Authorization to Hire Additional
Limited Term Transportation Project Inspectors
ISSUE
Should the City authorize hiring up to three additional limited term construction inspectors for
fully funded transportation projects in lieu of using outside consultant services?
RECOMMENDATION
Staff recommends authorization to hire up to three additional limited term construction
inspectors for upcoming fully funded transportation projects. These positions would be for the
duration of the assigned project, not to exceed one year. Inclusion of the three limited term
positions in the City budget will be accomplished as part of the next budget adjustment
ordinance.
BACKGROUND SUMMARY
The City will have four fully funded transportation projects under construction this year. They
are the Rainier Avenue South project, the SW 27th/Strander Boulevard project, the Garden
Avenue North project, and the NE 4th Street project. These projects will require construction
inspectors beyond the current staffing level for the construction inspection group. The City has
authorized the hiring of two limited term construction inspectors for the Rainier Avenue South
project. A roster of qualified applicants has been established for these positions. If additional
limited term positions are authorized, applicants could be hired from the established roster.
Costs will be charged to the transportation project accounts (Fund 317) and will not require a
budget increase.
The alternate approach for providing the required inspection services for these City
transportation projects is to use an outside company to provide qualified construction
inspectors for the project inspections. Our experience indicates that this can cost the City
project up to twice the amount per hour as hiring similarly qualified employees directly on a
limited term basis.
cc:Jay Covington, Chief Administrative Officer
Iwen Wang, Administrative Services Administrator
Nancy Carlson, Human Resources & Risk Management Administrator
Gregg Zimmerman, Public Works Administrator
Rich Perteet/Doug Jacobson, Deputy PW Administrator, Transportation
JoAnn Wykpisz, Principal Financial & Administrative Analyst
Juliana Fries, Program Coordinator
9c. ‐ Community and Economic Development Department recommends
approval to hire three one‐year limited term Construction Inspectors for Page 59 of 183
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Addendum to Lease (LAG-06-001) with Renton
Housing Authority for a House at the Edlund
Property
Meeting:
Regular Council - 16 Apr 2012
Exhibits:
Issue Paper
Report Lease Addendum
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Peter Renner, Ext. 6605
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$1
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The Renton Housing Authority (RHA) leases a house for $1/year on the Edlund Property, which they use
to provide affordable housing to a tenant who also has caretaker responsibilities. By the end of this
term, RHA will have been made whole on their investment in upgrades and repairs.
STAFF RECOMMENDATION:
Council authorize the Mayor and City Clerk to sign the Lease Addendum
9d. ‐ Community Services Department recommends approval of an
addendum to LAG‐06‐001, lease with the Renton Housing Authority, to
Page 60 of 183
H:\Facilities\Facilities Director\Peter Renner\IssuePaperRHAedlund2012 4/10/2012
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:April 10, 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:Addendum to Lease (LAG-06-001) with Renton Housing
Authority for a house on the Edlund Property
Issue:
Should Council authorize the Mayor and City Clerk to sign a one-year Lease Addendum
with the Renton Housing Authority (RHA)?
Recommendation:
Council authorize the Mayor and City Clerk to sign the Lease Addendum.
Background:
·In 2004, the City purchased land on Carr Road known as the Edlund Property for
future park and open space use.
·There are two usable houses on the property. One house is leased by Vision House
for social program use, and the second has been leased by the Renton Housing
Authority for use as a low-income rental house.
·Because the RHA had to make substantial repairs and upgrades to the house, it was
agreed to lease the house for $1 per year for the five-year (5) term of the original
Lease.
·Last year we provided a one-year (1) Addendum at the same rate because RHA
invested more money in the repairs than they expected and which were continuing.
·We have received an accounting from RHA that compares their accumulated rents
with their total repair/replacement costs. They will still not be whole until
December of 2012.
·We therefore propose to extend the $1 per year lease payment for 2012.
·Our inspections of the house have shown that the tenants are keeping the house and
immediate environs in very good condition and at a high level of cleanliness.
·RHA has been very responsive to any issues raised in the last six years.
9d. ‐ Community Services Department recommends approval of an
addendum to LAG‐06‐001, lease with the Renton Housing Authority, to
Page 61 of 183
Rich Zwicker, Council President
Members of Renton City Council
Page 2 of 2
April 10, 2012
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Conclusion:
Extending the Lease term for one more year provides the City with a responsible tenant
that maintains 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
9d. ‐ Community Services Department recommends approval of an
addendum to LAG‐06‐001, lease with the Renton Housing Authority, to
Page 62 of 183
ADDENDUM TO LEASE LAG-06-001
WHEREAS, the City of Renton (“City”) as Landlord, and Renton Housing Authority (“Tenant”), entered into
that certain Lease, LAG-06-001, dated January 13, 2006 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 1.5, Term, is hereby amended to read as
follows:
1.5 TERM: This Lease shall be extended for an additional one (1) year, ending December 31, 2012.
After the extended year of this Lease, the Lease may be renegotiated between the parties for an additional term,
if the Lessee is not in breach of the Lease, and at the mutual agreement of the parties.
Except as modified herein, all terms of the initial Lease shall remain in full force and effect.
DATED: _________________, 2012
CITY OF RENTON:
By: ___________________________
Denis Law, Mayor
Attest:
______________________________
Bonnie I. Walton, City Clerk
ADDENDUM TO LEASE LAG-06-001 – PAGE 1 9d. ‐ Community Services Department recommends approval of an
addendum to LAG‐06‐001, lease with the Renton Housing Authority, to
Page 63 of 183
TENANT:
RENTON HOUSING AUTHORITY
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 Lease Addendum of Renton Housing Authority to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: ___________________, 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 authorize d
to execute the instrument and acknowledged in as the __________________ of
___________________ to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED: ________________, 2012
______________________________
Notary Public in and for the State of
Washington, residing at __________
My appointment expires:
ADDENDUM TO LEASELAG-06-001 - PAGE 2
9d. ‐ Community Services Department recommends approval of an
addendum to LAG‐06‐001, lease with the Renton Housing Authority, to
Page 64 of 183
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
First Amendment to Lease LAG-07-006 with
Children’s Home Society of Washington for Suite
510 at the 200 Mill Building
Meeting:
Regular Council - 16 Apr 2012
Exhibits:
Issue Paper
Lease Amendment
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Peter Renner, Ext. 6605
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$2,300/month est.
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
An existing tenant at the 200 Mill Building, Children's Home Society of Washington, Inc., wishes to
extend the term of their Lease, at a rent of roughly $2,300.00 per month.
STAFF RECOMMENDATION:
Council authorize the Mayor and City Clerk to sign the Lease Amendment.
9e. ‐ Community Services Department recommends approval of the First
Amendment to LAG‐07‐006, lease with Children’s Home Society of Page 65 of 183
H:\Facilities\Facilities Director\Peter Renner\My Documents\Leasehold\Children'sHS\IssuePapeCH of WA Issue PaperrCHS
4/10/2012
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:April 10, 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:Amendment to Lease (LAG-07-006) with Children’s Home
Society of Washington for Suite 510 at the 200 Mill Building.
Issue:
Should Council authorize the Mayor and City Clerk to sign a three-year (3) Lease
Addendum with Children’s Home Society of Washington (CHS)?
Recommendation:
Council authorize the Mayor and City Clerk to sign the Lease Addendum.
Background:
In January of 2007, Council approved a five-year lease with CHS, LAG-07-006, for Suite
510 in the 200 Mill Building. CHS wishes to extend the Lease term until
February 28, 2015.
The business terms include the following:
·Lease rate at inception is $17.00/square foot, increasing to $17.50 and $18.00 in
subsequent years. The suite is 1576 rentable square feet.
·The first month’s rent is abated.
·Tenant improvements are limited to touch up painting and cleaning of existing
carpeting.
·The terms are within the market range. Their current lease is $2768.00 per
month and it will be reduced to $2232.67 at the start of the new lease.
·There is no outside broker.
·Kidder Mathews, the City’s property manager for the 200 Mill Building, will be
entitled to a 2.5%, one-time brokerage fee, which totals $2,102.68
·If CHS looses their funding after 2013, they have the option to terminate, but will
owe the equivalent of one month’s rent, which is sufficient to cover the
brokerage fee cost.
9e. ‐ Community Services Department recommends approval of the First
Amendment to LAG‐07‐006, lease with Children’s Home Society of Page 66 of 183
Rich Zwicker, Council President
Members of Renton City Council
Page 2 of 2
April 10, 2012
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files\content.outlook\eoh4zpbd\issuepaperraincity5.doc
Conclusion:
Extending the lease term for this quality tenant provides the City with continued
revenues.
cc:Jay Covington, Chief Administrative Officer
Iwen Wang, Finance & IS Administrator
Larry Warren, City Attorney
Garmon Newsom, Assistant City Attorney
9e. ‐ Community Services Department recommends approval of the First
Amendment to LAG‐07‐006, lease with Children’s Home Society of Page 67 of 183
9e. ‐ Community Services Department recommends approval of the First
Amendment to LAG‐07‐006, lease with Children’s Home Society of Page 68 of 183
9e. ‐ Community Services Department recommends approval of the First
Amendment to LAG‐07‐006, lease with Children’s Home Society of Page 69 of 183
9e. ‐ Community Services Department recommends approval of the First
Amendment to LAG‐07‐006, lease with Children’s Home Society of Page 70 of 183
9e. ‐ Community Services Department recommends approval of the First
Amendment to LAG‐07‐006, lease with Children’s Home Society of Page 71 of 183
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Lease Amendment with Communities in Schools in
Renton for Suite 575 at the 200 Mill Building.
Meeting:
Regular Council - 16 Apr 2012
Exhibits:
Issue Paper
Lease
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Peter Renner, Ext. 6605
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$590/month
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Communities in Schools in Renton, a City partner, wishes to renew their Lease, CAG-02-001, with the
City for space in the 200 Mill Building. The Lease payments are roughly $590.00 per month over the
three-year life of the Lease.
STAFF RECOMMENDATION:
Council authorize the Mayor and City Clerk to sign the Lease.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 72 of 183
H:\Facilities\Facilities Director\Peter Renner\Issue Paper Rain City 5 4/4/2012
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:April 4, 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:Lease Amendment to LAG-02-001 with Communities in
Schools in Renton for Suite 575 at the 200 Mill Building.
Issue:
Should Council authorize the Mayor and City Clerk to sign a three-year lease with
Communities in Schools in Renton (CSR)?
Recommendation:
Council authorize the Mayor and City Clerk to sign the Lease Amendment.
Background:
In January of 2007, Council approved a five-year lease, LAG-02-001, with CSR for roughly
300 square feet of space in Renton City Hall. The Lease also provided use of common
areas such as conference rooms, restrooms, kitchenettes, the fitness center, etc. As a
CSR partner, the City also provided use of copiers and other equipment.
During the reorganization of space at City Hall associated with the Benson Hill
annexation, CSR was relocated to Suite 575 in the 200 Mill Building. This move required
minimal alteration of an existing office space.
Although this space is larger than programming needs would require, it does not make
sense to alter the space or relocate CSR unless and until the space is needed for rental or
other uses. Because the relocation was made by the City’s choice, we do not
recommend increasing the space basis for rental purposes. We retain the right to
relocate CSR as the City’s needs change.
The business terms of the Lease include the following:
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 73 of 183
Rich Zwicker, Council President
Members of Renton City Council
Page 2 of 2
April 4, 2012
h:\facilities\facilities director\peter renner\my documents\leasehold\cis\issue paper csr 04 04 2012.doc
·The Lease payment is $564.18 per month in the first year, and escalates by 4%
per year.
·It is a full service Lease with the tenant paying utilities.
Conclusion:
Providing space at a reasonable cost to CSR helps to insure the valuable student support
services they provide within the Renton School District will continue.
cc:Jay Covington, Chief Administrative Officer
Iwen Wang, Finance & IS Administrator
Larry Warren, City Attorney
Garmon Newsom, Assistant City Attorney
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 74 of 183
CITY OF RENTON COMMUNITY SERVICES DEPARTMENT
200 Mill Building Office Lease
ARTICLE 1. BASIC TERMS
Article 1 contains the Basic Terms of this Lease between the City of Renton (hereinafter “City”)
and Communities in Schools in Renton (hereinafter “CSR”) named below. Other Articles,
Sections, Subsections, and Paragraphs of the Lease referred to in this Article 1 explain and
define the Basic Terms and are to be read in conjunction with the Basic Terms.
Section 1.1 Purpose of the Lease Agreement:
1.1.1 The parties, the City and CSR agree that in exchange for a monthly payment by
CSR to the City, CSR will have the right to use portions of City property at 200
Mill Avenue S., Renton, Washington, 98057.
Section 1.2 Parties:
City of Renton (hereinafter “City” or “Lessor”)
Finance Department
1055 South Grady Way
Renton, WA 98057
425-430-6500
Communities in Schools in Renton (hereinafter “CSR” or “Lessee”)
1055 South Grady Way
Renton, WA 98057
1.2.1 Lessee’s Address at Time of Execution of Lease:
The same as above in Section 1.2.
1.2.2 Address of Property to be Leased by Lessee:
The 200 Mill Building, at 200 Mill Avenue South, Renton, Washington, 98057.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 75 of 183
200 Mill Building 2012 Office Lease / CSR 2
Section 1.3 Exhibits Incorporated by Reference:
1.3.1 Exhibits A and B, attached hereto, are incorporated by reference as if fully set
forth in this Agreement.
Section 1.4 Property Legal Description:
1.4.1 “Land” means the land on which The 200 Mill Building, at 200 Mill Avenue S outh,
Renton, Washington, 98057 is located or situated, which is described in Exhibit
A. 1.4.2 “Building” means the physical structure, commonly known as
The 200 Mill Building, at 200 Mill Avenue South, Renton, Washington, 98057.
1.4.3 “Premises” means Suite 575, the space cross-hatched on Exhibit B, located on
the 5th floor of the Building, located at 200 Mill Avenue South, Renton,
Washington.
1.4.4 “Agreed Areas” means the area in the Building and Premises that CSR is renting
from the City. The City and CSR stipulate and agree for all purposes under this
Lease that the Building contains approximately 49,480 rentable square feet of
space (the “Building Area”) and that the Prem ises contain approximately 1,900
square feet of space (the “Premises Area”). It is acknowledged that Suite 575 is
much larger than the space required by CSR (heretofore 2 96 square feet at
Renton City Hall), but until the City needs or requests the additional CSR may
make use of the entire space.
1.4.5 This Agreement includes access by CSR to common areas of the Building.
Section 1.5 Characterization of Property:
1.5.1 Lessor provides to the Premises to the Lessee and the Lessee accepts the
Premises under this lease “as is.”
Section 1.6 Lease Term:
1.6.1. The term of this Lease shall be three (3) years, beginning on April 1, 2012
(hereinafter “Commencement Date”) – March 31, 2015 (hereinafter “Expiration
Date”), unless otherwise terminated under the provisions of Subsections 1.6.2.
1.6.2 Lessee or Lessor may, in its sole discretion and without any recourse by or
compensation to the other party, terminate the Lease with three (3)-months
written notice to the other party.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 76 of 183
200 Mill Building 2012 Office Lease / CSR 3
Section 1.7 Permitted Uses:
1.7.1 CSR may use the Leased area(s) for purposes of general business and
administrative offices of Communities in Schools of Renton.
Section 1.8 Vehicle Parking Spaces Allocated to Lessee:
1.8.1 Lessee shall be allowed unlimited use of three (3) parking spaces on a first-come,
first-served basis.
Section 1.9 Monthly Rent and Other Charges Payable by Lessee:
1.9.1 Minimum Monthly Rent (Rent): means the following amounts as to the
following periods during the Term (4% annual escalation):
Period Monthly Amount
Year 1 $564.18
Year 2 $586.75
Year 3 $610.22
1.9.2 Prepaid Renton: Zero
1.9.3 Security Deposit: Zero
Section 1.10 Exhibits and Other Attachments Which are Part of the Lease:
1.10.1 Exhibit “A” - Legal Description
Exhibit “B” - Outline Drawing of the Premises
ARTICLE 2. LEASE TERM
Section 2.1 Lease of Property for Lease Term:
2.1.1 Lessor and Lessee agree that the Lease Term shall commence on the
Commencement Date and expire on the Expiration Date as provided in Section
1.6, unless sooner terminated pursuant to this Lease.
ARTICLE 3. RENT PAYMENTS AND LATE CHARGES
Section 3.1 Time and Manner of Payment:
3.1.1 CSR shall pay to the City the Rent without deduction, offset, prior notice or
demand on or before the twenty-eighth (28th) day of the preceding month that
rent is due for each month of the Lease Term.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 77 of 183
200 Mill Building 2012 Office Lease / CSR 4
3.1.2 Lessee shall pay Lessor the Rent amounts described in Subsection 1.9 for the
prior calendar month and the amount of the Leasehold Excise Tax described in
Section 4.1.
3.1.3 The Rent amounts shall be payable at Lessor’s address or at such other place as
Lessor may designate in writing.
3.1.4 Rent for any partial month shall be prorated at the rate of 1/30 th of the Rent per
day.
3.1.5 Rent is exclusive of any sales, franchise, business or occupation or other tax
based on rents (other than Landlord’s general income taxes) and should such
taxes apply during the Term, the Rent shall be increased by the amount of such
taxes.
3.1.6 Upon termination of this Lease under Article 7 (Damage or Destruction), Article 8
(Condemnation), or any other termination not resulting from Lessee’s default,
and after Lessee has vacated the Premises in the manner required by this Lease,
Lessor shall refund or credit to Lessee (or Lessee’s successor) any advance rent
or other advance payments made by Lessee to Lessor.
3.1.7 In the event that Lessee files for bankruptcy, Lessor shall have priority over any
and all property that on or in the Premises and shall have a priority as a secured
creditor. Additionally, Lessee hereby agrees to give Lessor written notice of its
intent to file for bankruptcy at least ten (10) business days before filing in
bankruptcy court.
ARTICLE 4. OTHER CHARGES PAYABLE BY LESSEE
Section 4.1 Taxes:
4.1.1 Lessee shall be solely responsible for the payment of the Leasehold Excise Tax
(described below), Business & Occupation Tax and Sales Tax, as applicable.
4.1.2 So long as the Premises is owned by Lessor and is exempt from general real
estate taxes as a municipal corporation in accordance with RCW 84.36.010,
Lessee shall be solely obligated to pay the applicable Leasehold Excise Tax (a.k.a.
“Rent Excise Tax”) on the Rent payment.
4.1.3 Lessee shall calculate and pay the applicable Leasehold Excise Tax Leasehold
monthly to Lessor during the Lease Term along with the rents described in
Section 3.1.1.
4.1.4 Within one hundred twenty (120) calendar days after the end of each calendar
year during the Lease Term or within such longer period of time as may be
reasonably necessary, Lessor shall furnish to Lessee a statement of the Leasehold
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 78 of 183
200 Mill Building 2012 Office Lease / CSR 5
Excise Tax that Lessor was required to charge and collect from Lessee for the
preceding calendar year.
4.1.5 If the preceding calendar year’s required Leasehold Excise Tax charges exceed
the monthly payments made by Lessee, then Lessee shall pay Lessor the
deficiency within thirty (30) calendar days after receipt of the statement. If the
Leasehold Excise Tax payments made by Lessee exceed the required Leasehold
Excise Tax charges for the preceding calendar year, then, at Lessor’s option,
either Lessor shall pay Lessee the excess at the time Lessor furnishes the
statement to Lessee or Lessee shall be entitled to offset the excess against the
next installment(s) of rent.
4.1.6 At the end of the Lease Term, if Lessee is not in arrears for any payments, Lessor
shall pay Lessee the excess at the time Lessor furnishes the statement to Lessee.
4.1.7 If required, Lessee shall pay prior to delinquency all personal property taxes
assessed against and levied upon trade fixtures, furnishings, equipment and all
other personal property of Lessee contained in the Premises or elsewhere.
4.1.8 If possible, Lessee shall cause such trade fixtures, furnishings, equipment and all
other personal property of Lessee to be assessed and billed separately from the
Property.
4.1.9 The City is not responsible for paying personal property taxes from any rent
proceeds.
Section 4.2 Utilities:
4.2.1 Lessor shall be responsible for providing utilities t o the Premises. Lessee shall
pay for all water, sewer, gas, electricity, telephone, and other utilities and
services used by Lessee on the Premises during the Lease Term.
4.2.2 Under no circumstances shall Lessee be responsible for any charges for water ,
sewer, gas, electricity, heat, telephone, and other utilities and services, which
are not under the control of Lessee and for the use of providing services under
this contract as a meeting, banquet and event facility. Lessee shall not be
responsible for electrical costs for exterior area illumination of the areas of the
park and transit center. These fixtures shall be submetered or connected to
electrical sources that Lessor pays for, or the parties will determine through
calculation the average monthly cost associated with these fixtures, which shall
be credited to the Lessee on each monthly statement.
Section 4.3 Insurance Policies:
4.3.1 Liability Insurance. Lessee shall maintain throughout the duration of the Lease
Term a policy of commercial general liability insurance (sometimes known as
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 79 of 183
200 Mill Building 2012 Office Lease / CSR 6
broad form comprehensive general liability insurance) insuring Lessee against
liability for bodily injury, property damage (including loss of use of property) and
personal injury or death arising out of the operation, use or occupancy of the
Building and Premises.
4.3.1.1 Lessee shall name Lessor as an Additional Insured under such policy.
4.3.1.2 The initial amount of such insurance shall be no less than One Million
Dollars ($1,000,000) per occurrence and no less than Two Million Dollars
($2,000,000) aggregate and shall be subject to periodic increase based
upon inflation, increased liability awards, recommendation of Lessor’s
professional insurance advisors and other relevant factors.
4.3.1.3 Lessee shall also maintain throughout the duration of the Lease Term a
policy of automobile liability insurance insuring Lessee against liability for
bodily injury, property damage and personal injury or death arising out of
the operation or use of a vehicle by Lessee’s employees, agents,
contractors and invitees in connection with the operation, use or
occupancy of the Building and Premises.
4.3.1.4 Lessee shall name Lessor as an additional insured under such policy to
the extent necessary to cover Lessor for automobile-related liability on,
at or related to Lessee’s Premises-related business.
4.3.1.5 The initial amount of such insurance shall be no less than One Million
Dollars ($1,000,000) per occurrence.
4.3.1.6 The liability insurance obtained by Lessee under this Section 4.3 shall (i)
be primary and non-contributing; (ii) contain cross-liability
endorsements; and (iii) insure Lessor against Lessee’s performance under
Section 5.6, if the matters giving rise to the indemnity under Section 5.6
result from Lessee’s negligence.
4.3.1.7 The amount and coverage of such insurance shall not limit Lessee’s
liability nor relieve Lessee of any other obligation under this Lease.
4.3.1.8 Lessor may also obtain comprehensive public liability insurance in an
amount and with coverage determined by Lessor insuring Lessor against
liability arising out of ownership, operation, use or occupancy of the
Building and Premises.
4.3.1.9 Lessor’s policy shall not be contributory and shall not provide primary
insurance.
4.3.1.10 If Lessee requires any agent, contractor, user or invitee to secure
or maintain liability insurance related to alterations to or maintenance,
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 80 of 183
200 Mill Building 2012 Office Lease / CSR 7
operation, use or occupancy of the Building and/or Premises, Lessee shall
require that such liability insurance policies include Lessor as an
Additional Insured consistent with this section.
4.3.2 Property Insurance. During the Lease Term, Lessor shall maintain policies of
insurance to be paid for by Lessor covering loss of or damage to the Building or
Premises in the full amount of its replacement value.
4.3.2.1 Such policy shall contain an inflation guard endorsement and shall
provide protection against all perils included within the classification of
fire, extended coverage, vandalism, malicious mischief, special extended
perils (all risk), sprinkler leakage and any other perils which Lessor deems
reasonably necessary. Lessor shall not obtain insurance for Lessee’s
fixtures or equipment or building improvements installed by Lessee in the
Building or Premises.
4.3.2.2 Lessee shall maintain policies of insurance for Lessee’s fixtures or
equipment or building improvements installed by Lessee on the
Premises.
4.3.2.3 Nothing in this section shall prevent Lessor from being able to recover for
damage to or the destruction of the Building or Premises based on the
negligence, recklessness or fault of the Lessee or any of its agents,
contractors, volunteers, users or invitees.
4.3.3 General Insurance Provisions:
4.3.3.1 Any insurance which Lessee is required to maintain under this Lease shall
include a provision which requires the insurance carrier to give Lessor not
less than forty-five (45) calendar days written notice prior to any
cancellation or modification of such coverage.
4.3.3.2 If Lessee fails to deliver any policy, certificate or renewal to Lessor
required under this Lease within the prescribed time period or if any such
policy is canceled or modified during the Lease Term without Lessor’s
consent, that failure shall constitute a material breach subject to Arti cle
15. Lessor may obtain such insurance, in which case Lessee shall
reimburse Lessor for the cost of such insurance within fifteen (15)
calendar days after receipt of a statement that indicates the cost of such
insurance.
4.3.3.3 Lessee shall maintain all insurance required under this Lease with
companies rated A-XV or better in Best’s Insurance Guide, and which are
authorized to transact business in the State of Washington. If at any time
during the Lease Term, Lessee is unable to maintain the insurance
required under the Lease, Lessee shall nevertheless maintain insurance
9f. ‐ Community Services Department recommends approval of an
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200 Mill Building 2012 Office Lease / CSR 8
coverage which is customary and commercially reasonable in the
insurance industry for Lessee’s type of business, as that coverage may
change from time to time. Lessor makes no representation as to the
adequacy of such insurance to protect Lessor’s or Lessee’s interest.
Therefore, Lessee shall obtain any such additional property or liability
insurance which Lessee deems necessary to protect Lessor and Lessee.
4.3.3.4 The parties hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the Premises. This release
only applies to claim, losses or liabilities covered by insurance.
4.3.4 Renton School District Insurance Provision:
4.3.4.1 CSR shall continue to be listed as “Additional Insured” under the Renton
School District’s policy. Should CSR obtain its own primary insurance
coverage, the coverage will include naming the City of Renton as an
“Additional Insured”.
Section 4.4 Maintenance of Facility:
4.4.1 Lessee shall reimburse Lessor within thirty (30) calendar days after receipt of a
statement for the cost of: (i) Lessor performing any maintenance to the Building
or Premises for which Lessee is responsible and which Lessee approves in
writing, and (ii) Lessor performing any emergency maintenance to safeguard and
preserve the integrity of the Building or Premises if Lessor is unable to reach
Lessee in an emergency for Lessee to perform the maintenance.
Section 4.5 Agreed Areas; Use, Maintenance and Costs:
4.5.1 For the purpose of this Section 4.5, Agreed Areas are defined in Subsection 4.1.
4.5.2 If Lessor encounters damage (beyond normal wear and tear) or extraordinary
trash in the Agreed Areas that are attributed to Lessee’s use of the Building or
Premises or failure to maintain or clean, Lessor shall notify Lessee to allow
Lessee to perform the required maintenance or custodial services.
If Lessee fails to perform the required maintenance or custodial services, Lessee shall reimburse
Lessor within thirty (30) calendar days after receipt of a statement for the cost of performing
such work so long as the damage or extraordinary trash is related to the Lessee’s use of th e
Building or Premises. Continued failure to maintain or clean as required by this Lease shall
constitute a material breach of this Lease, subject to Article 15.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 82 of 183
200 Mill Building 2012 Office Lease / CSR 9
Section 4.6 Late Charges:
4.6.1 Lessee acknowledges that the late payment by Lessee of any Rent will cause
Lessor to incur administrative, collection, processing and accounting costs and
expenses not contemplated under this Lease, the exact amount of which are
extremely difficult or impracticable to ascertain.
4.6.2 Such costs may include, but are not limited to, processing and accounting
charges and late charges which may be imposed on Lessor by any ground lease,
mortgage or other encumbrance on the Premises.
4.6.3 Consequently, if Lessor does not receive Rent payment within ten (10) calendar
days after it becomes due, Lessee shall pay Lessor a late charge equal to five
percent (5%) of the amount of such Rent or Fifty and No/100th ($50.00),
whichever is greater, for each month that it is overdue.
4.6.4 The parties agree that such late charge represents a fair and reasonable estimate
of the costs Lessor will incur by reason of such late payment or nonpayment.
4.6.5 Upon Lessee’s failure to make any payment due within thirty (30) calendar days
of the due date, Lessor takes a secured creditor’s interest in Lessees equipment
and property in or on the Building or Premises as of the due date.
4.6.6 A failure to make full payment within forty-five (45) calendar days of the due
date shall constitute a material breach of this Lease, subject to Article 15.
4.6.7 Three (3) consecutive late payments of monies due or six (6) late payments of
monies due during any twelve (12) month period shall be material breach of the
Lease, subject to Article 15.
Section 4.7 Interest on Past Due Obligations:
4.7.1 Any amount owed by Lessee to Lessor which is not paid when due shall bear
interest at the rate of twelve percent (12%) per annum from the due date of
such amount, however, interest shall not be payable on late charges to be paid
by Lessee under this Lease.
4.7.2 The payment of interest on such amounts shall not excuse or cure any default by
Lessee under this Lease.
4.7.3 If the interest rate specified in this Lease is higher than the rate then permitted
by law, the interest rate shall be decreased to the maximum legal interest rate
then permitted by law.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 83 of 183
200 Mill Building 2012 Office Lease / CSR 10
ARTICLE 5. USE OF PROPERTY
Section 5.1 Permitted Uses:
5.1.1 Lessee shall have exclusive control and access to the Premises, except as detailed
in this Lease. Lessee may use the Premises only for the Permitted Uses set forth
in Section 1.7.
5.1.2 Lessee shall not allow smoking inside the Building or Premises. Failure to comply
with this provision may constitute a material breach of this Lease.
5.1.5 Lessee shall not allow any obscene use of the Building or Premises.
Section 5.2 Manner of Use:
5.2.1 Lessee shall not cause or permit the Building or Premises to be used in any way
that violates any law, ordinance, or governmental regulation or order.
5.2.2 Lessee shall obtain and pay for all permits, other than a Certificate of Occupancy,
required for Lessee’s occupancy of the Building or Premises and shall promptly
take all actions necessary to comply with all applicable statutes, ordinances,
rules, regulations, orders and requirements regulating the use by Lesse e of the
Building, including Occupational Safety and Health Administration requirements.
5.2.3 Lessee shall not obstruct, cover or block any Building or Premises windows,
including but not limited to window coverings and moveable partitions, except
as necessary during events and meetings. Any such window coverings and
moveable partitions shall be immediately opened or removed on a daily basis
after any event or meeting.
5.2.4 Lessor and its authorized representatives shall have the right to relocate Less ee
to another part of the Building, or another City building with similar access and
support services for landlord’s convenience provided landlord pays for the cost
of relocation. Both parties have the right to terminate this lease for convenience
with six months written notice provided to the other party.
Section 4.5 City Use of Facility:
5.4.1 Lessor retains an inalienable right to use the remaining and common areas of the
Building as it chooses as long as it does not materially and significantly interfere
with Lessees ability to utilize the Premises.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 84 of 183
200 Mill Building 2012 Office Lease / CSR 11
Section 5.5 Signs:
5.5.1 Lessee shall not place any interior or exterior signs on the Premises without
Lessor’s prior written consent.
Section 5.6 Indemnity:
5.6.1 Lessee’s Indemnification of Lessor:
5.6.1.1 Lessee, CSR shall indemnify, defend and hold Lessor, City, harmless from
and against any and all costs, claims, fees, losses or liability, or any
portion thereof, arising from: (a) Lessee’s or Lessee’s agents,
representatives, volunteers, or invitees use of the Building, Premises or
Agreed Areas; (b) the conduct of Lessee’s business or anything else done
or permitted by Lessee or Lessee’s agents, representatives, volunteers, or
invitees in or about the Building, Premises or Agreed Areas, including any
contamination of the Land or any other property resulting from the
presence or use of Hazardous Material caused or permitted by Lessee; (c)
any breach or default in the performance of Lessee’s Lease obligations;
(d) any misrepresentation or breach of warr anty by Lessee; or (e) other
acts or omissions of Lessee.
5.6.1.2 Lessee shall defend Lessor against any such cost, claim, fee, loss or
liability at Lessee’s expense with counsel reasonably acceptable to Lessor
or, at Lessor’s election; Lessee shall reimburse Lessor for any legal fees or
costs incurred by Lessor in connection with any such claim. As a material
part of the consideration to Lessor, Lessee assumes all risk of damage to
property or injury to persons in the Building, Premises or Agreed Areas
arising from any cause, and Lessee hereby waives all claims in respect
thereof against Lessor, except for any claim arising out of Lessor’s sole
negligence. As used in this Section 5.6, the term “Lessee,” for purposes
of triggering indemnification, shall include Lessee, and Lessee’s officers,
employees, agents, contractors, volunteers and invitees.
5.6.1.3 This indemnification provision shall not be applicable to any sums
payable under RCW Title 51 and does not waive the protections of Title
51 RCW. The parties have freely negotiated this provision.
5.6.1.4 The provisions of this Subsection 5.6.1 shall survive the termination or
expiration of this Lease.
5.6.2 Lessor’s Indemnification of Lessee:
5.6.2.1 Subsection 5.6.2 shall apply only to Lessor’s liability and responsibility for
Lessor’s or Lessor’s agents’ acts or omissions that materially harm Lessee.
Lessor shall provide no other indemnification for Lessee.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 85 of 183
200 Mill Building 2012 Office Lease / CSR 12
5.6.2.2 Subject to the above limitations, Lessor shall indemnify, defend and hold
Lessee harmless from and against any and all costs, claims, losses or
liability, or any portion thereof, arising from: (a) Lessor’s use of the
Building or Premises, that materially harms Lessee; (b) any material
breach, subject to Article 15, or default in the per formance of Lessor’s
obligations under this Lease, that materially harms Lessee; (c) any
material misrepresentation or breach of warranty by Lessor under this
Lease, that materially harms Lessee; or (d) other acts or omissions of
Lessor, that materially harms Lessee. Subject to the limitations above,
Lessor shall defend Lessee against any such cost, claim, loss or liability at
Lessor’s expense with counsel reasonably acceptable to Lessee or, at
Lessee’s election; Lessor shall reimburse Lessee for any legal fees or costs
incurred by Lessee in connection with any such claim.
5.6.2.3 The indemnification obligations contained in this Section shall not be
limited by any worker’s compensation, benefit or disability laws, and
each indemnifying party hereby waives (solely for the benefit of the
indemnified party) any immunity that said indemnifying party may have
under the Industrial Insurance Act, Title 51 RCW and similar worker’s
compensation, benefit or disability laws.
5.6.2.3.1 Provisions Specifically Negotiated: The City and CSR
acknowledge by their execution of this Lease that each of the
indemnification provisions of this lease (specifically including but not
limited to those relating to worker’s compensation benefits and laws)
were specifically negotiated and agreed to by landlord and tenant.
5.6.2.4 The provisions of this Subsection 5.6.2 shall survive the termination or
expiration of this Lease.
Section 5.7 Lessor’s Access:
5.7.1 Lessor may access the Premises the entire Building as needed with reasonable
notice to Lessee and with every reasonable effort to not interfere with or impair
Lessee’s ability to engage in its permitted uses.
5.7.2 Lessor or its agents may enter the Building or Premises at all reasonable times to
show the Building, Premises, and Agreed Areas to potential buyers, investors,
lessees or others as Lessor sees necessary. Lessor shall give Lessee reasonable
prior notice of such entry, except in the case of emergency. Lessor may place
customary “For Lease” signs on the Building or Premises at any time during the
Lease. Lessee may take down the “For Lease” signs during events, but shall
replace them immediately afterwards.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 86 of 183
200 Mill Building 2012 Office Lease / CSR 13
Section 5.8 Quiet Possession:
5.8.1 If Lessee pays the Rent and complies with all other terms of this Lease, Lessee
may occupy and enjoy the Premises and Agreed Areas for the full Lease Term,
subject to the provisions of this Lease.
ARTICLE 6. CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND ALTERATIONS
Section 6.1 Existing Conditions:
6.1.1 Lessee accepts the Premises in its condition as of the execution of the Lease,
subject to all recorded matters, laws, ordinances, and governmental regulations
and orders. Lessee acknowledges that neither Lessor nor any agent of Lessor has
made any representation as to the condition of the Premises or the suitability of
the Building or Premises for Lessee’s intended and permitted use. Lessee
represents and warrants that Lessee has made its own inspection of and inquiry
regarding the condition of the Premises and is not relying on any representations
of Lessor or any Broker with respect thereto.
Section 6.2 Exemption of Lessor from Liability:
6.2.1 Lessor shall not be liable for any damage or death or injury to the person,
business (or in any loss of income there from), goods, wares, merchandise or
other property of Lessee, Lessee’s officers, agents, employees, volunteers,
invitees, customers or any other person in or about the Premises, whether such
damages or injury is caused by or results from: (a) fire, steam, electri city, water,
gas, snow, rain, or volcanic activity; (b) the breakage, leakage, obstruction or
other defects of pipes, sprinklers, wires, appliances, plumbing, air condition or
lighting fixtures or any other cause; or (c) conditions arising in or about the
Premises or upon other portions of the Project, or from other sources or places.
6.2.2 Lessor shall not be liable for any such damage or injury even though the cause of
or the means of repairing such damage, death or injury are not accessible to
Lessee. The provisions of this Section 6.2 shall not, however, exempt Lessor
from liability for Lessor’s negligence or misconduct.
Section 6.3 Maintenance and Repairs:
6.3.1 Lessee shall have total responsibility for maintenance of the Premises.
6.3.2 Lessor may conduct periodic inspections of the Building, Premises and Agreed
Areas with five (5) calendar days notice to assure compliance with the
maintenance and custodial requirements. Lessor reserves the right to perform
emergency maintenance services to safeguard and preserve the integrity of the
Premises and to perform maintenance, repairs or custodial services if Lessee fails
to perform them within thirty (30) calendar days of notice. Lessor will bill Lessee
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 87 of 183
200 Mill Building 2012 Office Lease / CSR 14
for emergency or other services provided by Lessor and Lessee shall make
payment along with the rent described in Section 1.9. Lessee’s repeated failure
to maintain the Premises shall constitute a material breach, subject to Article 15.
6.3.3 Lessee is responsible for any processes, procedures, or construction activities
that require environmental review, permits, or similar approvals. Qualified
individuals, as approved by the Lessor, shall perform all maintenance, design or
construction work on the Premises.
6.3.4 Lessor shall be responsible for all exterior damage repair and maintenance of the
Building, unless caused by Lessee’s use, or the Lessee’s agents, employees,
contractors, volunteers or invitees.
Section 6.4 Alterations and Other Changes:
6.4.1 Alterations by Lessee are limited to the Premises, and Lessee shall not make any
alterations to the Premises or install interior or exterior signage without Lessor’s
prior written consent.
6.4.1.1 Lessee shall pay for any alterations approved by Lessor.
6.4.1.2 The term “Alterations” shall mean any addition, modification,
improvement or removal, other than the installation of carpet, shelves,
movable partitions, Lessee’s equipment, and trade fixtures which may be
performed without damaging existing improvements, fixtures, walls,
floors, or the structural integrity of the Building or Premises, and Lessor’s
consent shall not be required for Lessee’s installation of those items.
6.4.1.3 Lessor may require Lessee to provide demolition and/or lien and
completion bonds in form and amount satisfactory to Lessor. Lessee shall
immediately remove any alterations, additions, or improvements
constructed in violation of this Section 6.4 upon Lessor’s written request.
6.4.1.4 All Alterations shall be done in a good, code-compliant and workmen-like
manner, in conformity with all applicable laws and regulations, and by a
contractor approved by Lessor. Before commencement of any alteration,
Lessee shall provide Lessor with all plans, blueprints, and designs for
review. Upon completion of any such work, Lessee shall provide Lessor
with “as built” plans, copies of all construction contracts, and proof of
payment for all labor and materials. Lessee shall not be required to
remove or pay the cost of removal of any Alterations upon the
termination or expiration of the Lease for any reason.
6.4.1.5 All Alternations shall become the property of Lessor upon termination or
expiration of the Lease.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 88 of 183
200 Mill Building 2012 Office Lease / CSR 15
6.4.2 Lessee shall pay when due all claims for labor and material furnished to the
Premises. Lessee shall give Lessor at least twenty (20) calendar days prior
written notice of the commencement of any work on the Premises, regardless of
whether Lessor’s consent to such work is required. Lessor may elect to record
and post notices of non-responsibility on the Premises. Lessee shall reimburse
Lessor for any legal fees or costs incurred by Lessor in connection with defending
itself against any claims for labor or material furnished to the P remises.
Section 6.5 Premises Condition Upon Termination of Lease:
6.5.1 Upon the termination of the Lease, under Article 15 or for any other reason,
Lessee shall surrender the Premises to Lessor, broom clean and in the same
condition as received except for ordinary wear and tear which Lessee was not
otherwise obligated to remedy under the provisions of this Lease. Holes in walls
or floors shall not constitute ordinary wear and tear. However, Lessee shall not
be obligated to repair any damage which Lessor is required to repair under
Section 7.
6.5.2 All alterations shall become Lessor’s property upon the expiration or early
termination of the Lease, except that Lessee may remove any of Lessee’s
machinery or equipment which can be removed without material damage to the
Premises, provided that Lessee has paid Lessor all monies owed.
6.5.3 Lessee shall repair, at Lessee’s expense, any damage to the Premises caused by
the removal of any such machinery, specialty cabinets installed by Lessee,
computer, telephone or other communication or electronic equipment, or other
equipment.
6.5.4 In no event shall Lessee remove any of the following materials or equipment
(agreed to be Lessor’s property) without Lessor’s prior written consent: any
power wiring or power panels; lighting or lighting fixtures, wall coverings;
drapes, blinds or other window coverings; carpets or other floor coverings;
heaters, air conditioners or any other heating or air conditioning equipment;
fencing or security gates or security systems; or other similar building operating
equipment and decorations.
6.5.5 Within thirty (30) calendar days after the expiration or early termination of this
Lease, Lessee shall remove from the Premises, at its sole expense, all equipment,
furnishings, and other personal property owned and placed in or on the Premises
by the Lessee unless otherwise provided for in the Lease. If Lessee fails to
removed such equipment, furnishings, and other personal property within the
time allowed, Lessor may, but need not, remove said personal property and hold
it for the owners thereof, or place the same in storage, all at the expense and
risk of the owners thereof, and Lessee shall reimburse Lessor for any expenses
incurred by Lessor in connection with such removal and storage. Lessor shall
have the right to sell such stored property, without notice to Lessee, after it has
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 89 of 183
200 Mill Building 2012 Office Lease / CSR 16
been stored for a period of thirty (30) calendar days or more, the proceeds of
such sale to be applied first to the cost of sale, second to payment of any charges
for storage, and third to the payment of any other amounts which may then be
due from Lessee to Lessor, and the balance, if any, shall be considered forfeited
and deposited into the City’s general fund.
ARTICLE 7. DAMAGE OR DESTRUCTION
Section 7.1 Partial Damage to Property:
7.1.1 Lessee shall notify Lessor in writing immediately upon the occurrence of any
damage to the Premises. If the Premises is only partially damaged, [i.e., less than
fifty percent (50%) of the Premises is not leasable as a result of such damage or
less than fifty percent (50%) of Lessee’s operations are materially impaired], and
if the proceeds received by Lessor from the insurance policies described in
Subsection 4.3 are sufficient to pay for the necessary repairs, this Lease shall
remain in effect and Lessor shall repair the damage as soon as reasonably
possible. Lessor may elect (but is not required) to repair any damage to Lessee’s
fixtures, equipment, or improvements, subject to an agreement that Lessee pay
for such repair. Lessee shall pay Lessor, if the damage was due to an act or
omission of Lessee, or Lessee’s employees, agents, contractors, volunteers or
invitees, the “deductible amount,” if any, under Lessor’s insurance policies.
7.1.2 If the insurance proceeds received by Lessor are not sufficient to pay the entire
cost of repair, or if the cause of the damage is not covered by the insurance
policies which Lessor maintains under Section 4.3, Lessor may elect to (i) repair
the damage, (ii) Lessor may chose to continue honor the this Lease and/or (iii)
Lessor may terminate this Lease as of the date the damage occurred.
7.1.2.1 Lessor shall notify Lessee within thirty (30) calendar days after receipt of
notice of the damage whether Lessor elects to terminate the Lease.
7.1.2.2 Lessee shall pay Lessor, if the damage was due to an act or omission of
Lessee, or Lessee’s employees, agents, contractors, volunteers or
invitees, the “deductible amount,” under Lessor’s insurance policies.
7.1.2.3 If Lessor elects to terminate the Lease, under Article 15, Lessee shall pay
the cost of such repairs, except that upon satisfactory completion of such
repairs, Lessor shall deliver to Lessee insurance proceeds to cover the
cost of Lessee’s repairs.
7.1.2.4 If the Lessor elects to not terminate the Lease, Lessee shall repair any
damage to the Premises.
7.1.3 If the damage to the Premises occurs during the last six (6) months of the Lease
Term and such damage will require more than thirty (30) calendar days to repair,
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amendment to LAG‐02‐001, lease with Communities In Schools of Page 90 of 183
200 Mill Building 2012 Office Lease / CSR 17
either Lessor or Lessee may elect to terminate this Lease as of the date the
damage occurred, regardless of the sufficiency of any insurance proceeds. The
party electing to terminate this Lease shall give written notification to the other
party of such election within thirty (30) calendar days after Lessee’s notice to
Lessor of the occurrence of the damage. This opportunity to terminate shall not
absolve Lessee of its responsibility to repair and/or indemnify Lessor for the
Lessee’s negligence or damage to Lessor’s property.
Section 7.2 Substantial or Total Destruction:
7.2.1 If the Premises is substantially or totally destroyed by any cause whatsoever (i.e.,
the damage to the Premises is greater than partial damage as described in
Section 7.1, and regardless of whether Lessor receives any insurance proceeds,
this Lease shall terminate as of the date the destruction occurred). Subject to
the preceding sentence, if the Premises can be rebuilt within six (6) months after
the date of destruction, Lessor may elect to rebuild the Premises, and may chose
to have this Lease remain in effect. Lessor shall notify Lessee of such election
within thirty (30) calendar days after Lessee’s notice of the occurrence of total or
substantial destruction.
Section 7.3 Temporary Reduction of Rent:
7.3.1 If the Premises is destroyed or damaged and Lessor or Lessee repairs or restores
the Premises pursuant to the provisions of this Article 7, any rent payable during
the period of such damage repair and/or restoration shall be reduced according
to the degree, to which Lessee’s use of the Premises is impaired, unless the
damage was the result of Lessee’s negligence. Except for such possible
reduction in Base Rent, Lessee shall not be entitled to any compensation,
reduction, or reimbursement from Lessor as a result of any damage, destruction,
repair, or restoration of or to the Premises.
Section 7.4 Destruction Waiver:
7.4.1 Lessee waives the protection of any statute, code or judicial decision which
grants a lessee the right to terminate a lease in the event of the substantial or
total destruction of the leased Premises. Lessee agrees that the provision of
Section 7.2 above shall govern the rights and obligations of Lessor and Lessee in
the event of any substantial or total destruction to the Premises.
ARTICLE 8. CONDEMNATION
8.1.1 If all or any portion of the Premises is taken under the power of eminent domain
or sold under the threat of that power (all of which are called “Condemnation”),
this Lease shall terminate as to the part taken or sold on the date the
condemning authority takes title or possession, whichever occurs first. If more
than twenty percent (20%) of the floor area of the building in which the Premises
9f. ‐ Community Services Department recommends approval of an
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200 Mill Building 2012 Office Lease / CSR 18
is located, or which is located on the Premises, is taken, either Lessor or Lessee
may terminate this Lease as of the date the condemning authority takes title or
possession, by delivering written notice to the other within ten (10) calendar
days after receipt of written notice of such taking (or in the absence of such
notice, within ten (10) calendar days after the condemning authority takes t itle
or possession).
8.1.2 If neither Lessor nor Lessee terminates this Lease under Article 15, this Lease
shall remain in effect as to the portion of the Premises not taken, except that the
Rent shall be reduced in proportion to the reduction in the Premises floor area.
8.1.3 Any Condemnation Award or payment shall be distributed in the following order:
(a) first, to any mortgagee or beneficiary under a deed of trust encumbering the
Premises, the amount of its interest in the Premises; (b) second, to Lessee, only
the amount of any award specifically designated for loss of or damage to
Lessee’s trade fixtures or removable personal property; and (c) third, to Lessor,
the remainder of such award, whether as compensation for reduction in the
value of the leasehold, the taking of the fee, or otherwise.
8.1.4 If this Lease is not terminated, Lessor shall repair any damage to the Premises
due to Condemnation, except that Lessor shall not be obligated to repair any
damage for which Lessee has been reimbursed by t he condemning authority.
8.1.5 If the severance damages received by Lessor are not sufficient to pay for such
repair, Lessor shall have the right to either terminate this Lease or make such
repair at Lessor’s expense.
ARTICLE 9. ASSIGNMENT AND SUBLETTING
Section 9.1 Lessor’s Consent Required:
9.1.1 No portion of the Premises or of Lessee’s interest in this Lease may be acquired
by any other person or entity, whether by sale, assignment, mortgage, sublease,
transfer, operation of law, or act of Lessee (hereafter collectively referred to as a
“transfer”) without Lessor’s prior written consent. Lessor has the right to grant
or withhold its consent as provided in Section 9.3 below.
9.1.2 Any attempted transfer without Lessor’s prior written consent shall be void and
shall constitute a non-curable material breach subject to Article 15. If Lessee is a
partnership or limited liability company, any cumulative transfer of more than
twenty percent (20%) of the entity’s interests shall require Lessor’s consent.
9.1.3 If Lessee is a corporation, any change in the ownership of a controlling interest
of the voting stock of the corporation, cumulatively over the life of the Lease,
shall require Lessor’s consent.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 92 of 183
200 Mill Building 2012 Office Lease / CSR 19
Section 9.2 No Release of Lessee:
9.2.1 No transfer shall release Lessee or change Lessee’s primary liability to pay the
Base Rent, Revenue Sharing and to perform all other obligations of Lessee under
this Lease. Lessor’s acceptance of Base Rent or Revenue Sharing from any other
person is not a waiver of any provision of this Article 9. Consent to one transfer
is not consent to any subsequent transfer.
9.2.2 If Lessee’s transferee defaults under this Lease, Lessor may proceed directly
against Lessee without pursuing remedies against the transferee, or against both
the Lessee and its transferee. Lessor may consent to subsequent assignments or
modifications of this Lease by Lessee’s transferee, without notifying Lessee or
obtaining its consent, and without relieving Lessee of liability under this Lease.
Section 9.3 Lessor’s Consent:
9.3.1 Lessee’s request for consent to any transfer described in Section 9.1 shall set
forth in writing the details of the proposed transfer, including the name,
business and financial condition of the prospective transferee, finan cial details of
the proposed transfer (e.g., the term of and the rent and security deposit
payable under any proposed assignment or sublease), and any other information
Lessor deems relevant. Lessor shall have the right to withhold consent, or to
grant consent, based on the following factors: (i) the business of the proposed
assignee or sublessee and the proposed use of the Premises; (ii) the net worth
and financial reputation of the proposed assignee or sublessee; (iii) Lessee’s
compliance with all of its obligations under the Lease; and (iv) such other factors
as Lessor may reasonably deem relevant in its sole discretion.
ARTICLE 10. DEFAULT OR FAILURE OF CONSIDERATION
10.1.1 Failure to pay Rent when due is a default and may be a material breach.
10.1.2 Lessee’s performance of each of Lessee’s obligations under this Lease is a
condition as well as a covenant. Lessee’s right to continue in possession of the
Premises is strictly conditioned upon such performance, including but not limited
to rent, revenue sharing, parking revenue and maintenance. Time is of the
essence in the performance of all covenants and conditions.
10.1.3 Lessor may terminate the Lease, under Article 15, and take possession of the
Premises in the event that the Lessee shall have failed to perform any o f the
covenants or conditions of the Lease, and such default or deficiency in
performance was not remedied by the Lessee within thirty (30) calendar days
after receiving notice in writing stating the nature of the default or deficiency
and the Lessor’s intention to terminate the Lease if not corrected.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 93 of 183
200 Mill Building 2012 Office Lease / CSR 20
10.1.4 Under such circumstances as noted in this article, the Lessee is still responsible
for any outstanding amounts, as well as penalties, and any other liabilities,
attorney’s fees, filing fees, costs and assessments.
10.1.5 The vacating or abandonment of the Premises shall constitute a default and a
material breach by Lessee.
10.1.6 The making by Lessee or any general assignment, or general arrangement for the
benefit of creditor, the appointment of a trustee or receiver to take possession
of substantially all of Lessee’s assets located at the Premises or of Lessee’s
interest in the Premises, or the attachment, execution or other judicial seizure of
substantially all of Lessee’s assets located at the Premises or of Lessee’s interest
in the Premises shall constitute a default, and a material breach by Lessee.
ARTICLE 11. PROTECTION OF LENDERS
Section 11.1 Subordination:
11.1.1 Lessor shall have the right to subordinate this Lease to any ground lease, deed of
trust or mortgage encumbering the Premises, any advances made on the
security thereof and any renewals, modifications, consolidations, replacements
or extensions thereof, whenever made or recorded. Lessee shall cooperate with
Lessor and any lender which is acquiring a security interest in the Premises or
the Lease.
11.1.2 Lessee shall execute such further documents and assurances as such lender may
require, provided that Lessee’s obligations under this Lease shall not be
increased in any material way (the performance of ministerial acts shall not be
deemed material), and Lessee shall not be deprived of its rights under this Lease.
Lessee’s right to quiet possession of the Premises during the Lease Term shall
not be disturbed if Lessee pays the Base Rent, Revenue Shari ng and performs all
of Lessee’s obligations under this Lease and is not otherwise in default.
11.1.3 If any ground Lessor, beneficiary or mortgagee elects to have this Lease prior to
the lien of its ground lease, deed of trust or mortgage and gives written notice
thereof to Lessee, this Lease shall be deemed prior to such ground lease, deed of
trust or mortgage whether this Lease is dated prior or subsequent to the date of
said ground lease, deed of trust or mortgage or the date of recording thereof.
Section 11.2 Attornment:
11.2.1 If Lessor’s interest in the Premises is acquired by any ground Lessor, beneficiary
under a deed of trust, mortgagee, or purchaser at a foreclosure sale, Lessee shall
attorn to the transferee of or successor to Lessor’s interest in the Premises and
recognize such transferee or successor as Lessor under this Lease. Lessee waives
the protection of any statute or rule of law which gives or purports to give
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 94 of 183
200 Mill Building 2012 Office Lease / CSR 21
Lessee any right to terminate this Lease or surrender possession of the Premises
upon the transfer of Lessor’s interest.
Section 11.3 Signing of Documents:
11.3.1 Lessee shall sign and deliver any instrument or documents required to evidence
any such attornment or subordination or agreement to do so.
11.3.2 If Lessee fails to do so within twenty (20) calendar days after written request,
Lessee hereby makes, constitutes and irrevocably appoints Lessor, or any
transferee or successor of Lessor, the attorney-in-fact of Lessee to execute and
deliver any such instrument or document.
Section 11.4 Estoppel Certificates:
11.4.1 Upon Lessor’s written request, Lessee shall execute, acknowledge and deliver to
Lessor a written statement certifying: (i) that none of the terms or provisions of
this Lease have been changed (or if they have been changed, stating how they
have been changed); (ii) that this Lease has not been canceled or terminated; (iii)
the last date of payment of the Base Rent and other charges and the time period
covered by such payment; (iv) that Lessor is not in default under this Lease (or, if
Lessor is claimed to be in default, stating why); and (v) such other
representations or information with respect to Lessee or the Lease as Lessor may
reasonably request or which any prospective purchaser, encumbrancer, or
interest-holder of the Premises may require.
11.4.2 Lessee shall deliver such statement to Lessor within twenty (20) calendar days
after Lessor’s request. Lessor may give any such statement by Lessee to any
prospective purchaser, encumbrancer, or interest-holder of the Premises. Such
person or persons may rely conclusively upon such statement as true and
correct.
11.4.3 If Lessee does not deliver such statement to Lessor within such twenty (20) day
period, Lessor, and any prospective purchaser, encumbrancer, or interest-holder
may conclusively presume and rely upon the following facts: (i) that the terms
and provisions of this Lease have not been changed except as otherwise
represented by Lessor; (ii) that this Lease has not been canceled or terminated
except as otherwise represented by Lessor: (iii) that not more than one month’s
Base Rent or other charges have been paid in advance; and (iv) that Lessor is not
in default under the lease. In such event, Lessee shall be estopped from denying
the truth of such facts.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 95 of 183
200 Mill Building 2012 Office Lease / CSR 22
ARTICLE 12. LEGAL COSTS
Section 12.1 Legal Proceedings:
12.1.1 If Lessee or Lessor shall be in material breach or default under this Lease, such
party (the “Defaulting Party”) shall reimburse the other party (the
“Nondefaulting Party”) upon demand for any costs or expenses that the
Nondefaulting Party incurs in connection with any material breach or default of
the Defaulting Party under this Lease, whether or not suit is commenced or
judgment entered. Such costs shall include legal fees and costs incu rred for the
negotiation of a settlement, enforcement of rights or otherwise. Furthermore, if
any action for breach of or to enforce the provisions of this Lease is commenced,
the court in such action shall award to the party in whose favor a judgment is
entered, a reasonable sum as attorneys’ fees, filing fees and costs. The losing
party in such action shall pay such attorneys’ fees and costs.
12.1.2 Lessee shall indemnify Lessor against and hold Lessor harmless from all costs,
fees, expenses, demands and liability Lessor may incur if Lessor becomes or is
made a party to any claim or action (a) instituted by Lessee against any third-
party, or by any third-party against Lessee, or by or against any person holding
any interest under or using the Premises by license of or agreement with Lessee;
(b) for foreclosure of any lien for labor or material furnished to or for Lessee or
such other person; (c) otherwise arising out of or resulting from any act or
transaction of Lessee or such other person; or (d) necessary to protect Lessor’s
interest under this Lease in a bankruptcy proceeding, or other proceeding under
Title 11 of the United States Code, as amended.
12.1.3 Lessee shall defend Lessor against any such claim or action at Lessee’s expense
with counsel reasonably acceptable to Lessor or, at Lessor’s election; Lessee shall
reimburse Lessor for any legal fees or costs Lessor incurs in any such claim or
action.
Section 12.2 Lessor’s Consent:
13.2.1 Lessee shall pay Lessor’s reasonable attorneys’ fees incurred in co nnection with
Lessee’s request for Lessor’s consent under Article 9 (Assignment and
Subletting), or in connection with any other act which Lessee proposes to do and
which requires Lessor’s consent.
ARTICLE 13. MISCELLANEOUS PROVISIONS
Section 13.1 Non-Discrimination:
13.1.1 Lessee promises, and it is a condition to the continuance of this Lease, that there
will be no discrimination against, or segregation of, any person or group of
persons on the basis of race, color, age, sex, sexual orientation, mental or
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 96 of 183
200 Mill Building 2012 Office Lease / CSR 23
physical disability, religion, creed, national origin or ancestry in the leasing,
subleasing, transferring, occupancy, tenure or use of the Premises or any portion
thereof, unless exempted by applicable state or federal legislation or judicial or
quasi-judicial decisions. Discrimination shall be a material breach, subject to
Article 15.
13.1.2 Lessee shall comply with the Fair Practices and Non-discrimination policies set
forth by the law and in the City’s Affirmative Action Plan and Equal Employment
Program.
Section 13.2 Lessor’s Liability; Certain Duties:
13.2.1 As used in this Lease, the term “Lessor” means only the current owner or owners
of the fee title to the Premises or the leasehold estate under a ground lease of
the Premises at the time in question. Each Lessor is obligated to perform the
obligations of Lessor under this Lease only during the time such Lessor owns
such interest or title. Any Lessor who transfers its title or interest is relieved of
all liability with respect to the obligations of Lessor under this Lease to be
performed on or after the date of transfer. However, each Lessor shall deliver to
its transferee all funds that Lessee previously paid if such funds have not yet
been applied under the terms of this Lease.
13.2.2 Lessee shall give written notice of any failure by Lessor to perform any of its
obligations under this Lease to Lessor and to any ground Lessor, mortgagee or
beneficiary under any deed of trust encumbering the Premises whose name and
address have been furnished to Lessee in writing. Lessor shall not be in default
under this Lease unless Lessor (or such ground Lessor, mortgagee or beneficiary)
fails to cure such non-performance within thirty (30) calendar days after receipt
of Lessee’s notice. However, if such non-performance reasonably requires more
than thirty (30) calendar days to cure, Lessor shall not be in default if such cure is
commenced within such thirty (30) calendar day period and thereafter is
diligently pursued to completion.
Section 13.3 Severability:
13.3.1 A determination by a court of competent jurisdiction that any provision of this
Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate
the remainder of such provision of this Lease.
Section 13.4 Interpretation:
13.4.1 The captions of the Articles or Sections of this Lease are to assist the parties in
reading this Lease and are not a part of the terms or provisions of this Lease.
Whenever required by the context of this Lease, the singular shall include the
plural and the plural shall include the singular. The masculine, feminine and
neuter genders shall each include the other. In any provision relating to the
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 97 of 183
200 Mill Building 2012 Office Lease / CSR 24
conduct, acts or omissions of Lessee, the term “Lessee” shall include Lessee’s
officers, agents, employees, contractors, volunteers, invitees, successors or
others using the Premises with Lessee’s expressed or implied permission. In any
provision relating to the conduct, acts or omissions of Lessor, the term “Lessor”
shall include Lessor’s elected officials, officers, agents, employees, contractors,
volunteers, invitees, successors or others using the Premises with Lessor’s
expressed or implied permission.
Section 13.5 Incorporation of Prior Agreements; Modifications:
13.5.1 This Lease is the only agreement between the parties pertaining to the lease of
the Premises and no other agreements are effective. Any amendment to this
Lease must be in writing and signed by all parties. Any other attempted
amendment, unless in writing and signed by each party, shall be void.
Section 13.6 Notices:
13.6.1 All notices required or permitted under this Lease shall be in writing and shall be
personally delivered or sent by certified mail, return -receipt requested, postage
prepaid. Notices to Lessee or Lessor shall b e delivered to the address specified
in Section 1.2. All notices shall be effective upon delivery. Either party may
change its notice address by written notice to the other party.
Section 13.7 Waivers:
13.7.1 All waivers must be in writing and signed by the waiving party. Lessor’s failure to
enforce any provision of this Lease or its acceptance of rent or revenue sharing
shall not be a waiver and shall not prevent Lessor from enforcing that provision
or any other provision of this Lease in the future. No statement on a payment
check from Lessee or in a letter accompanying a payment check shall be binding
on Lessor. Lessor may, with or without notice to Lessee, negotiate such check
without being bound to the conditions of such statement.
Section 13.8 No Recordation:
13.8.1 Lessee shall not record this Lease without prior written consent from Lessor.
However, either Lessor or Lessee may require that a “Short Form” memorandum
of this Lease executed by both parties be recorded. The party requiring such
recording shall pay all transfer taxes and recording fees required to accomplish
recordation.
Section 13.9 Binding Effect; Choice of Law:
13.9.1 This Lease binds any party who legally acquires any rights or interest in this Lease
from Lessor or Lessee. However, Lessor shall have no obligation to Lessee’s
successor unless the rights or interest of Lessee’s successor are acquired in
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 98 of 183
200 Mill Building 2012 Office Lease / CSR 25
accordance with the terms of this Lease. The laws of the State of Washington
shall govern this Lease.
13.9.2 In the event any action is brought to enforce any of the provisions of this Lease,
the parties agree to be subject to exclusive in personam jurisdiction in the
Superior Court of the State of Washington, in and for the County of King, or in
the United States District Court for the Western District of Washington and agree
that in any such action venue shall lie exclusively at Seattle, Washington.
Section 13.10 Entity Authority:
13.10.1 If Lessee is an entity other than an individual or partnership, each person signing
this Lease on behalf of Lessee represents and warrants that he or she has full
authority to do so and that this Lease binds the entity. Within thirty (30)
calendar days after this Lease is signed, Lessee shall deliver to Lessor a certified
copy of a resolution of Lessee’s Board of Directors or other governing body
authorizing the execution of this Lease or other evidence of such authority
reasonably acceptable to Lessor. If Lessee is a partnership, each person or entity
signing this Lease for Lessee represents and warrants that he, she or it is a
general partner of the partnership, that he, she or it has full authority to sign for
the partnership and that this Lease binds the partnership and all general
partners of the partnership. Lessee shall give written notice to Lessor of any
general partner’s withdrawal or addition. Within thirty (30) calendar days after
this Lease is signed, Lessee shall deliver to Lessor a copy of Lessee’s recorded
statement of partnership or certificate of limited partnership.
Section 13.11 Joint and Several Liability:
13.11.1 All parties signing this Lease as Lessee shall be jointly and severally liable for all
obligations of Lessee.
Section 13.12 Force Majeure:
13.12.1 If Lessor cannot perform any of its obligations due to e vents beyond Lessor’s
control, the time provided for performing such obligations shall be extended by a
period of time equal to the duration of such events beyond Lessor’s control.
Such events include, but are not limited to, Acts of God, war, civil commo tion,
labor disputes, strikes, fire, earthquake, flood or other casualty, shortages of
labor or material, government regulation or restriction, volcanic eruption, and
weather conditions.
Section 13.13 Execution of Lease:
13.13.1 This Lease may be executed in counterparts and, when all counterpart
documents are executed, the counterparts shall constitute a single binding
instrument. Lessor’s delivery of this Lease to Lessee shall not be deemed to be
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 99 of 183
200 Mill Building 2012 Office Lease / CSR 26
an offer to lease and shall not be binding upon either p arty until executed and
delivered by both parties.
Section 13.14 Survival:
13.14.1 All representations and warranties of Lessor and Lessee shall survive the
expiration or early termination of this Lease.
ARTICLE 14. BROKERS
14.1 Nothing contained in this Lease shall impose any obligation on Lessor to pay a
commission or fee to any party. Lessee represents and warrants to Lessor that it
has not engaged any broker, finder or other person who would be entitled to any
commission or fees for the negotiation, execution, or delivery of this Lease.
Lessee shall indemnify, defend, and hold harmless Lessor against any loss, cost,
fee, liability or expense incurred by Lessor as a result of any claim asserted by
any such broker, finder or other person on the basis of an y arrangements or
agreements made or alleged to have been made by or on behalf of Lessee. This
Article shall not apply to brokers with whom Lessor has an express written
brokerage agreement.
ARTICLE 15 TERMINATION
15.1 This Lease may be terminated by either party for a material breach that is non-
curable or that has not been cured upon notice in a reasonable time. A material
breach may be a breach that has not been identified as a material breach in this
Lease.
15.2 This Lease may be terminated for convenience if agreed to by both parties.
15.3 As a result of a default and/or material breach of the this Lease, Lessor may
terminate Lessee’s right to possess the Premises by any lawful means, in which
case this Lease shall terminate and Lessee shall immediately surrend er possession
to the Lessor. If this circumstance arises, Lessor shall be entitled to recover all
damages, fees, costs, and expenses incurred by Lessor by reason of Lessee’s
default, and forfeit monies held or owed to Lessee by Lessor.
15.4 Lessor shall not be in default unless Lessor fails to reasonably perform the
requirements of this Lease, upon reasonable written notice by Lessee.
15.5 Lessor City shall be released from ANY liability if it sells or transfers the Land,
Building or Premises on consummation of the sale or transfer, if Lessor’s
successor assumes in writing, for the benefit of Lessee, the Lessor’s obligations
under this Lease. If any security deposit or Prepaid Rent has been paid by Lessee,
Lessor shall transfer such Security Deposit or Prepaid Rent to Lessor’s successor
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 100 of 183
200 Mill Building 2012 Office Lease / CSR 27
and on such transfer Lesssor shall be discharged from any further liability with
respect to such Security Deposit or Prepaid Rent.
ARTICLE 16. ACKNOWLEDGMENTS
16.1 Lessor and Lessee have signed this Lease on the dates specified ad jacent to their
signatures below and have initialed all Exhibits and/or Riders which are attached
to or incorporated by reference into this Lease.
“LESSOR” “LESSEE”
City of Renton, Communities in Schools of Renton,
a Washington Municipal Corporation a Washington Non-Profit Corporation
By _________________________ By: __________________________
Denis Law, Mayor Al Talley, Board Chairperson
Date: ___________________, 2012 Date: ___________________, 2012
Attest:
By ___________________________
Bonnie Walton, City Clerk
Attest:
By ____________________________
Lawrence J. Warren, City Attorney
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 101 of 183
Exhibit “A”
ALL OF THAT PORTION OF THE WEST ONE-HALF OF SECTION 17, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M. AND HENRY R. TOBIN DONATION CLAIM NO. 37
LYING EASTERLY OF THE EASTERLY MARGIN OF MILL STREEET; SOURTHERLY OF
THE SOUTHERLY MARGIN OF THE CEDAR RIVER WATERWAY; AND NORTHERLY OF
THE NORTHERLY MARGIN OF HOUSER WAY AS DEEDED TO THE CITY OF RENTON
BY DEED RECORDED UNDER KING COUNTY AUDITOR’S FILE NO. 3069040,
RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION, OF
CEDAR RIVER WATERWAY ADJOINING: EXCEPT THAT PORTION OF SAID RIGHT-
OF-WAY FOR THE RENTON PUBLIC LIBRARY SITE.
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 102 of 183
9f. ‐ Community Services Department recommends approval of an
amendment to LAG‐02‐001, lease with Communities In Schools of Page 103 of 183
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Public Assistance Grant Agreement
FEMA-4056-DR-WA, WA State D12-048
Meeting:
Regular Council - 16 Apr 2012
Exhibits:
Issue Paper
Public Assistance Grant Agreement, FEMA-4056-DR-WA,
WA State D12-048
WA State EM Public Assistance Supplemental
Contracting Documents
Submitting Data: Dept/Div/Board:
Fire & Emergency Services
Staff Contact:
Deb Needham, Emergency Management
Director (x7027)
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $est. 168,750
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The Washington State Military Department has a prepared a contract, and supporting documentation, to
relay Public Assistance Program funding from FEMA to the City for disaster expenses incurred during the
storm period of January 14-23, 2012. These documents require the Mayor’s signature to accept
reimbursement.
STAFF RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to sign the grant contract and supporting documents
with the Washington State Military Department.
9g. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 104 of 183
FIRE & EMERGENCY SERVICES DEPARTMENT
M E M O R A N D U M
DATE:April 9, 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:Deb Needham, Emergency Management Director
SUBJECT:Public Assistance Grant Agreement
FEMA-4056-DR-WA, WA State D12-048
ISSUE
The Washington State Military Department has a prepared a contract, and supporting
documentation, to relay Public Assistance Program funding from FEMA to the City for
disaster expenses incurred during the storm period of January 14-23, 2012. These
documents require the Mayor’s signature to accept reimbursement.
RECOMMENDATION
Staff recommends that the City of Renton Council concur and authorize the Mayor to
sign and execute the contract and supporting documents with the Washington State
Military Department.
BACKGROUND
During January 14-23, 2012 Washington State experienced a severe winter storm. On
March 5, 2012, a presidential disaster declaration, FEMA-4056-DR-WA, was issued for
the storm event making the City eligible for reimbursement of disaster expenses. The
initial damage estimate for the City of Renton was $225,000. Application and
participation in FEMA’s Public Assistance Program will allow the City to recoup these
expenses at a 75% reimbursement rate. Reimbursement through FEMA will be managed
by the Washington State Military Department. Execution of the contract, D12-048, and
designation of an applicant agent in the supporting documentation, is required for
participation in the Public Assistance Program.
CONCLUSION
The City of Renton will be able to receive reimbursement for disaster related expenses
with the approval and execution of the Public Assistance Grant Agreement and
supporting documentation.
9g. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 105 of 183
Public Assistance Grant Agreement Page 1 of 18 City of Renton
D12-048
Washington State Military Department
PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET
1. Applicant Name and Address:
City of Renton
1055 S. Grady Way
Renton WA 98057-0552
2. Total Project Amount:
To be determined, based upon
approved project worksheets
3. Grant Number:
D12-048
4. Applicant Agent, phone number:
Deborah Needham, 425-430-7044
5. Grant Start Date:
March 5, 2012
6. Grant End Date:
March 5, 2016
7. MD Program Manager/phone number:
Gerard Urbas, (253) 512-7402
8. Data Universal Numbering System
(DUNS): 092278894
9. UBI # (state revenue):
10. Funding Authority:
Washington State Military Department (the “DEPARTMENT”), and Federal Emergency Management Agency
(FEMA)
11. Funding Source Agreement #:
FEMA-4056-DR-WA
12. Program Index #
724AC / 722AE
724AD
13. Catalog of Federal Domestic Asst. (CFDA)
# & Title: 97.036, Public Assistance
14. TIN or SSN:
91-__________
15. Service Districts:
(BY LEGISLATIVE DISTRICT): ____th
(BY CONGRESSIONAL DISTRICT): ____th
16. Service Area by County(ies):
King County
17. Women/Minority-Owned, State
Certified?: X N/A NO YES, OMWBE #_________
18. Contract 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. Contractor Selection Process:
X “To all who apply & qualify” Competitive Bidding
Sole Source A/E RCW N/A
Filed w/OFM? Advertised? YES NO _______
21. Contractor Type (check all that apply)
Private Organization/Individual For-Profit
X Public Organization/Jurisdiction X Non-Profit
VENDOR SUBRECIPIENT X OTHER
22. BRIEF DESCRIPTION:
Presidential Disaster Declaration # FEMA-4056-DR-WA—Severe Winter Storm Flooding, Landslide and Mudslides:
To provide funds to the Applicant for the repair or restoration of damaged public facilities as approved by FEMA in
project worksheets describing eligible scopes of work and associated funding, which are incorporated herein by
this reference.
IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement,
exhibits, references and attachments hereto and have executed this Grant Agreement as of the date and year written
below. This Grant Agreement Face Sheet, Spec ial Terms and Conditions, General Terms and Conditions, Federal and
State Requirements and Assurances, and any other attachments or references govern the rights and obligations of both
parties to this Grant Agreement.
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. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s)
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the contract incorporated by reference.
This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties. 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.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
James M. Mullen, Director
Emergency Management Division
Washington State Military Department
APPROVED AS TO FORM:
Chad C. Standifer, (Signature on file) 3/14/2011
Assistant Attorney General
FOR THE APPLICANT:
__________________________________________
Signature Date
print or type name:______________________________
APPROVED AS TO FORM:
__________________________________________
Applicant’s Legal Review Date
9g. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 106 of 183
Public Assistance Grant Agreement Page 2 of 18 City of Renton
D12-048
Form 10/27/00 kdb
SPECIAL TERMS AND CONDITIONS
ARTICLE I – COMPENSATION SCHEDULE
1. FUNDING
The DEPARTMENT will administer the Public Assistance Grant Program and reimburse approved
eligible Public Assistance costs to the APPLICANT that are identified under the auspices of Presidential
Disaster Declaration Number FEMA-4056-DR-WA and authorized by and consistent with the Stafford
Act (P.L. 93-288, as amended) and applicable regulations. It is understood that no final dollar figure is
committed to at the time that this Grant Agreement is executed, but that financial commitments will be
made by amendments to the project application as Project Worksheets are completed in the field and
projects are authorized by state and federal officials.
Pursuant to the FEMA-STATE AGREEMENT, FEMA will contribute 75 percent of the eligible costs for
any eligible project and 100 percent of the federal indirect costs, up to $250, as provided for in
subsection 3.E. of Article I of this Public Assistance Grant Agreement. The APPLICANT will commit to
the remaining 25 percent non-federal match to any eligible project that has been identified under the
Presidential Disaster Declaration number FEMA-4056-DR-WA, subject to the following exceptions:
DEPARTMENT Match: The Washington State Legislature may authorize the DEPARTMENT to
provide a match to the APPLICANT’s non-federal share of eligible projects. Provision of a
match by the DEPARTMENT, if authorized by the Washington State Legislature, shall not
require amendment of this Grant Agreement. If DEPARTMENT match funds are committed to
the non-federal share by the DEPARTMENT pursuant to legislative authorization, the
DEPARTMENT will formally notify the APPLICANT of the match in writing which will include
information identifying any related reduction in the APPLICANT’s percentage commitment.
Donated Resources: FEMA will credit an APPLICANT for the value of certain volunteer labor,
donated equipment, and donated materials used in the performance of eligible emergency work
– categories A and B, referred to as Donated Resources. The Donated Resources are
recognized by FEMA in a Project Worksheet. Donated Resources offset the non-federal share
of the eligible emergency work approved in Project Worksheets. For non-state agency
applicants, the donated resource value will first be applied to the APPLICANT’s non-federal
share, and, if a DEPARTMENT match is authorized, any remaining donated resource value will
be applied to the DEPARTMENT’s share. The value of the Donated Resources are calculated
as described in FEMA Policy 9525.2, and are capped at the non-Federal share of approved
eligible emergency work costs. The Federal share of the Donated Resources will not exceed
the non-federal share of eligible emergency work costs approved in Project Worksheets. Any
excess credit can be credited only to other eligible emergency work costs, for the same
APPLICANT in the same disaster. The value of excess donated resources cannot be credited
toward or transferred to another eligible APPLICANT, or toward other State obligations.
See Attachment #1 – Project Worksheet sample.
2. GRANT AGREEMENT PERIOD
A. Activities payable under this Grant Agreement and to be performed by the APPLICANT under
this Grant Agreement shall be those activities which occurred during or subsequent to the
incident period defined in the FEMA-State Agreement, and shall terminate upon completion of
the project(s) approved by federal and state officials, including completion of close-out and
audit. This period shall be referred to as the “Grant Agreement Period.”
B. The Grant Agreement Period shall only be extended by (1) mutually agreed written amendment,
or (2) written notification from the DEPARTMENT to the APPLICANT issued by the
DEPARTMENT to address extensions of its underlying federal grant performance period or to
provide additional time for completion of the APPLICANT’s project(s).
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3. PAYMENTS
The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from
FEMA, shall issue payments to the APPLICANT in compliance with the Washington State Public
Assistance Applicant Manual procedures as follows:
A. Small Project Payments: Payments are made for all small projects to the APPLICANT upon
submission and approval of an A19-1A State of Washington Invoice Voucher to the
DEPARTMENT, after FEMA has approved funding through approval of Project Worksheets.
B. Progress Payments: Progress payment of funds for costs already incurred on large projects
minus 10 percent retainage may be made to the APPLICANT upon submission by the
APPLICANT of an A19-1A State of Washington Invoice Voucher, a letter of request, and a
spreadsheet identifying the claimed costs supporting the payment request and approval by the
DEPARTMENT.
C. Improved Projects: Payments on improved projects will be pro-rated based upon the
percentage of the project that is funded under this disaster grant to the overall project cost. This
percentage will be identified when the first payment on the improved project is made. Progress
payments will be made as outlined above in Section B.
D. Final Payment: Final Payment on a large project will be made following submission by the
APPLICANT of a certification of completion on the STATEMENT OF DOCUMENTATION/FINAL
INSPECTION REPORT form upon completion of project(s), completion of all final inspections by
the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include
any retainage withheld during progress payments. Final payments may also be conditional upon
financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the
final payment may be made following any audits conducted by the Washington State Auditor’s
Office, the United States Inspector General or other federal or state agency.
E. The APPLICANT is eligible to receive a $250 allowance for federal indirect costs, upon
completion and closure of the disaster grant. Documentation of costs involved with attending
applicant briefing, kick off meeting, and the exit meeting should be retained in the APPLICANT’s
files to support federal indirect cost reimbursement.
F. All payment requests shall be made on an A19-1A form, State of Washington, Invoice Voucher.
Payments will be made by electronic fund transfer to the APPLICANT’s account.
G. Federal funding shall not exceed the total federal contribution eligible for Public Assistance
costs under Presidential Disaster Declaration number FEMA-4056-DR-WA.
H. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures,
transfer payment to the APPLICANT. Payment will be transferred by journal voucher to Agency
No. _________, Accounting Fund No. _____________.
ARTICLE II – DOCUMENTATION
The APPLICANT is required to retain all documentation which adequately identifies the source and application
of Public Assistance funds, including the federal indirect cost reimbursement, for six years following the closure
of this disaster grant. For all funds received, source documentation includes adequate accounting of actual
costs and recoveries incurred.
ARTICLE III - QUARTERLY REPORTS
The APPLICANT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their
large projects. The status shall identify the costs incurred to date, the percentage of work completed, the
anticipated completion date of the project and whether cost under runs or over runs are expected. In addition,
the APPLICANT should note in the comment field any challenges or issues associated with the project. Failure
to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of
all payments to the APPLICANT until a complete quarterly report is received by the DEPARTMENT.
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ARTICLE IV – TIME EXTENSIONS
A time extension request is required to be forwarded to the DEPARTMENT by the APPLICANT for a project
prior to the expiration of the approved completion date. If the project is approved and funded after the statutory
approval time period for completion, then a time extension request must be submitted to the DEPARTMENT
within fifteen days of receipt of the funding package.
In accordance with 44CFR206.204, the DEPARTMENT reserves the right, in its sole discretion, to consider
and approve a time extension request after expiration of the approved completion date and within the
DEPARTMENT’s statutory extension authority. Requests for time extensions beyond the DEPARTMENT’s
authority will be considered and approved by FEMA, at their sole discretion. All determinations made
regarding time extension requests will be based on a case by case evaluation of specific factual
circumstances.
A time extension request must be in writing and identify the Project W orksheet number, the reason the project
has not been completed within the prior approved completion period, the reason the time extension request
was not submitted prior to the statutory approval time period (if applicable), a current status of the completion
of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date
for the completion of the remaining work. Failure to submit a time extension request in a timely manner may
result in denial of the time extension request, and loss of funding for the related project.
ARTICLE V - CLOSE-OUT
To initiate close-out, the APPLICANT is required to certify in writing, by Project Worksheet Number, date
completed and total amount expended on the project, completion of the small projects. To initiate close-out of
the large projects, the APPLICANT shall submit certification of completion on a STATEMENT OF
DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT.
The DEPARTMENT will then complete a site inspection and a financial review of documentation to support the
claimed costs. Certifications on small and large projects are due within sixty days following t he completion of
the project or receipt of the approved Project Worksheet, whichever date is later.
If APPLICANT is claiming the $250 allowance for federal indirect costs, the APPLICANT shall submit
certification that they have expended a minimum of $250 attending the applicant briefing, kick off meeting,
and/or the exit meeting prior to close-out.
After all of the projects have been certified as complete and approved for closure by FEMA, the
DEPARTMENT will forward a final A19-1A State of Washington Invoice Voucher to the APPLICANT for release
of the remaining funds due to the applicant for eligible costs, including any retainage previously withheld, and
the allowance for federal indirect costs.
ARTICLE VI – KEY PERSONNEL
The individuals listed below shall be considered key personnel and point of contact. Any substitution by either
party must be submitted in writing.
APPLICANT: DEPARTMENT:
Name: _______________________ Staff name: Gerard Urbas
Title: _______________________ Title: Deputy State Coordinating Officer
Public Assistance
E-mail address: _______________________ E-Mail: g.urbas@emd.wa.gov
Phone Number: _______________________ Phone Number: (253) 512-7402
ARTICLE VII - ADMINISTRATIVE REQUIREMENTS
A. The APPLICANT shall comply with the following federal Office of Management and Budget (OMB)
Circulars as applicable to their organization:
Administrative Requirements
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o OMB A-102, as revised, Grants and Cooperative Agreements with State and Local
Governments
o OMB A-110, as revised, Grants and Cooperative Agreements with Institutions of Higher
Education, Hospitals, and Other Non-Profit Organizations
Audit Requirements
o OMB A-133, as revised, Audits of States, Local Governments, and Non-Profit Organizations
B. The APPLICANT will comply with the federal regulations in: 2 CFR Parts 220, 225, and 230; 44 CFR
Parts 7, 9, 10, 13, 14, 17, 18, and 206; and, the state requirements in the Washington State Public
Assistance Applicant Manual, dated March 2012. The Cost Principles in 2 CFR 225 and program
regulations will be used to determine costs for nonprofit hospitals funded under FEMA grants.
C. The APPLICANT 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 Attachment #2 attached to and made a part of this
Agreement.
D. Federal funding is provided by FEMA and is administered by the DEPARTMENT. Under the authority
of Presidential Disaster Declaration number FEMA 4056-DR-WA, the DEPARTMENT is reimbursing
the APPLICANT for those approved eligible costs and activities necessary under the Public Assistance
Grant Program during the incident period beginning January 13, 2012 and continuing. Eligible costs
and activities will be identified in Project Worksheets approved by FEMA.
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Exhibit A
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Assistance Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms shall have the meaning set forth below:
a. "Department" shall mean 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. "Applicant" shall mean a state agency, local government, tribal government, special purpose
district, or an eligible private nonprofit organization submitting an application to the Governor’s
Authorized Representative for disaster recovery assistance.
c. “Applicant Agent” shall mean the official representative and alternate designated or appointed by
the Applicant and authorized to make decisions on behalf of the Applicant.
d. “Grantee” shall mean 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 is the Grantee. The Grantee and the DEPARTMENT are one and the same.
e. “Monitoring Activities” shall mean all administrative, construction, financial, or other review
activities that are conducted to ensure compliance with all state and federal rules, authorities or
policies.
d. "Subgrantee" shall mean the government or other eligible legal entity to which a subgrant is
awarded and which is accountable to the Grantee for the use of the funds provided. The
Subgrantee and Applicant are one and the same.
e. “Project” shall mean those actions funded through the Public Assistance Program and described
in approved Project Worksheets. Projects may include one or more of the following: reimbursement
of costs for emergency response, debris removal and/or repair or restoration of damaged public
facilities. A project may be a small, large, improved, or alternate project.
f. “PL” – is defined and used herein to mean the Public Law.
g. “CFR” – is defined and used herein to mean the Code of Federal Regulations.
h. “OMB” – is defined and used herein to mean the Office of Management and Budget.
i. "WAC” – is defined and used herein to mean the Washington Administrative Code.
j. "RCW" – is defined and used herein to mean the Revised Code of Washington.
A.2 RECORDS AND REPORTS
a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all other
electronic or written records necessary to sufficiently and properly reflect the APPLICANT's
contracts, contract administration, and payments, including all direct and indirect charges, and
expenditures in the performance of this Grant Agreement.
b. The APPLICANT's records related to this Grant Agreement and the projects funded hereunder may
be inspected by the DEPARTMENT or the Director, or their designees, by designees of the Office
of the State Auditor, FEMA or their designees, or the Comptroller General of the United States or
their designees or by other federal officials authorized by law, for the purposes of determinin g
compliance by the APPLICANT with the terms of this Grant Agreement and to determine the
appropriate level of funding to be paid under the subject Grant Agreement.
c. The records shall be made available by the APPLICANT together with suitable space for such
inspection at any and all times during the APPLICANT's normal working day.
d. The APPLICANT shall retain all records and allow access 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.3 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.
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A.4 AMENDMENTS AND MODIFICATIONS
The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this
Grant Agreement. However, such amendment or modification shall not take effect until approved, in
writing, by the DEPARTMENT and the APPLICANT.
A.5 TERMINATION AND OTHER REMEDIES
a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its
obligations under this Grant Agreement or if the APPLICANT shall violate any of its covenants,
agreements, or stipulations of this Grant Agreement, the DEPARTMENT shall thereupon have the
right to terminate this Grant Agreement and withhold the remaining allocation if such default or
violation is not corrected within thirty (30) days after submitting written notice to the APPLICANT
describing such default or violation.
b. Notwithstanding any provisions of this Grant Agreement, either party may terminate this Grant
Agreement by providing written notice of such termination, specifying the effective date thereof, at
least thirty (30) days prior to such date.
c. Reimbursement for APPLICANT services performed, and not otherwise paid for by the
DEPARTMENT prior to the effective date of such termination shall be as the DEPARTMENT
reasonably determines.
d. The DEPARTMENT may unilaterally terminate all or part of this Grant Agreement, or may reduce its
scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement.
A.6 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The APPLICANT 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.
A.7 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 APPLICANT, its successors or assigns, will protect, save and hold
harmless the DEPARTMENT, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the APPLICANT, its subcontractors, 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 APPLICANT 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 APPLICANT, its agents, or
employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence
of the APPLICANT, or APPLICANT's agents or employees.
Insofar as the funding source, the Federal Emergency Management Ag ency (FEMA), is an agency of
the federal government, the following shall apply:
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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.8 ACKNOWLEDGMENTS
The APPLICANT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to, the project.
A.9 APPLICANT NOT EMPLOYEE
The APPLICANT, and/or employees or agents performing under this Grant Agreement are not
employees or agents of the DEPARTMENT in any manner whatsoever. The APPLICANT 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 APPLICANT 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.
It is understood that if the APPLICANT 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.10 NONDISCRIMINATION
The APPLICANT 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, 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.11 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The APPLICANT 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 APPLICANT 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.12 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT 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 locality or localities who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall
incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such
interest pursuant to this provision.
A.13 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the validity and
performance hereof 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 APPLICANT, by execution of this Grant Agreement acknowledges the jurisdiction of
the courts of the State of Washington.
A.14 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 APPLICANT. The APPLICANT shall assume all
liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT
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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.15 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.16 RECAPTURE PROVISION
In the event the APPLICANT fails to expend funds in accordance with federal, state, or local law 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 APPLICANT of funds under this
recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required
to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to
its costs thereof, including attorney fees.
A.17 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which Public Assistance is provided under this
Grant Agreement shall be liable for the costs incurred by the state and federal governments in
responding to such disaster. The APPLICANT will cooperate in a reasonable manner with the
DEPARTMENT and the United States in efforts to recover expenditures under this Grant Agreement..
A.18 DUPLICATION OF BENEFITS
The APPLICANT agrees that the Public Assistance funds for which federal or state assistance is
requested does not, or will not, duplicate benefits or funds received for the same loss from any other
source. The APPLICANT will pursue full payment of eligible insurance benefits for properties covered
in a project under this Grant Agreement. The APPLICANT will repay any Public Assistance that is
duplicated by other benefits, funds, or insurance proceeds.
A.19 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.20 NOTICES
The APPLICANT 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.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 RESPONSIBILITY FOR PROJECT
While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant
funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the
APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, 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 phases are applicable to this project, is solely that of the
APPLICANT, 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 APPLICANT shall ensure that all applicable Federal,
State, and local permits and clearances are obtained, including FEMA compliance with the National
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Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all
other environmental laws and executive orders.
The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the APPLICANT in connection with the project. The APPLICANT 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.
Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. §§ 5170b & 5173, and to the extent
allowed by law, if debris removal is authorized, the APPLICANT agrees to indemnify and hold harmless
the state of Washington and the United States of America for any claims arising from the removal of
debris or wreckage for this disaster. The APPLICANT agrees that debris removal from public and
private property will not occur until the landowner grants the APPLICANT the right to enter and signs an
unconditional authorization for the removal of the debris.
A.23 HAZARDOUS SUBSTANCES
The APPLICANT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the APPLICANT has as to the
presence of any hazardous substances at the proposed development/construction project site. The
APPLICANT will be responsible for any associated clean-up costs as a result of the inspections.
"Hazardous Substances" are defined in RCW 70.105D.020 (10).
A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The APPLICANT 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 APPLICANT's performance
under this Grant Agreement.
To the extent allowed by law, the APPLICANT 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 APPLICANT to so comply.
A.25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the APPLICANT certifies that the APPLICANT 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 APPLICANT shall complete and sign a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT
for this Grant Agreement shall be incorporated into this Grant Agreement by reference.
Further, the APPLICANT agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The APPLICANT certifies that it will
ensure that potential subcontractors or subrecipients or any of their principals are not debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
“covered transactions” by any federal department or agency. “Covered transactions” include
procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant
or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to
subrecipients for any amount. With respect to covered transactions, the APPLICANT may comply with
this provision by obtaining a certification statement from the potential subcontractor or subrecipient or
by checking the Excluded Parties List System (EPLS) maintained by the federal General Services
Administration (GSA). The APPLICANT also agrees not to enter into any arrangements or contracts to
perform Public Works projects with any party on the Washington State Department of Labor and
Industries’ “Debarred Contractor List.”
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A.26 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.
Contractors required to have an audit must ensure the audit is performed in accordance with Generally
Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards
(the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance
Supplement. The Contractor 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 Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Contractor 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 Contractor all disallowed costs
resulting from the audit.
Once the single audit has been completed, the Contractor 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 Contractor must send the audit and the letter no later than nine (9)
months after the end of the Contractor’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 Contractor must include a corrective action plan for any
audit findings and a copy of the management letter if one was received.
If Contractor claims it is exempt from the audit requirements of Circular A-133, Contractor must send a
letter identifying this contract and explaining the criteria for exemption no later than nine (9) months
after the end of the Contractor’s 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 Contractor shall include the above audit requirements in any subcontracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a material
requirement of this contract. In the absence of a valid claim of exemption from the audit requirements
of Circular A-133, the Contractor’s failure to comply with said audit requirements may result in one or
more of the following actions in the Department’s sole discretion:
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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.
A.27 PROJECT MANAGEMENT AND SUBGRANTEE MONITORING
The DEPARTMENT and the APPLICANT must conduct and monitor grant activities to confirm
compliance with applicable Federal requirements and the requirements and special conditions of an
approved project.
The APPLICANT agrees to:
a. Assist in the preparation and writing of the Project Worksheets.
b. Comply with all funding conditions of an approved project.
c. Provide financial documentation to support requests for payments.
d. Maintain records and documentation that adequately identify and directly support a project’s eligible
costs to the approved project worksheet. Pro-rate or percentage costs are not eligible for
reimbursement
e. Cooperate with and participate in any scheduled or unscheduled monitoring or evaluation activities
conducted by the DEPARTMENT or FEMA that are pertinent to this Grant Agreement or an
approved Project Worksheet.
f. Provide the DEPARTMENT with all documentation required to complete evaluations of eligible
costs, and provide additional documentation that the DEPARTMENT or FEMA may request as a
result of a monitoring visit, review and other or further evaluation of supporting financial
documentation and/or reports. If requested documentation is not provided, all costs associated with
the project may be determined to be ineligible.
g. Submit a request for time extension not later than two weeks before a project’s deadline.
h. Notify the DEPARTMENT and request and receive approval for an alternate project prior to
beginning construction. Failure to do so may jeopardize funding approval.
i. Notify the DEPARTMENT and request and receive approval for an improved project prior to starting
construction. Failure to do so may jeopardize funding approval.
k. Immediately notify the DEPARTMENT if hidden damages are discovered, a change order is
required, or the scope of work changes in an approved project.
l. Submit quarterly reports to the DEPARTMENT.
m. Submit project completion certifications as required for small, large, alternate, or improved projects.
The DEPARTMENT agrees to:
a. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will
coordinate and schedule the meetings necessary to conduct and complete all monitoring and
evaluation activities.
b. Develop the APPLICANT’s Project Worksheet(s) (PW) with FEMA and the APPLICANT’s
assistance based upon the eligible damages.
c. Provide the APPLICANT with a copy of the approved Project Worksheet.
d. Conduct site visits during a large project’s construction.
e. Regularly review the APPLICANT’s financial documentation to confirm compliance with state and
federal rules, authorities, and policies.
f. Notify the APPLICANT when funding approval is received and issue payment per the process
described in Article I, #3 – Payments of the Special Terms and Conditions. Large project final
funding will include all costs determined to be eligible based upon the evaluation and review of the
APPLICANT’s financial documentation.
g. Work with the APPLICANT to resolve any issues identified during the monitoring process.
h. Review and respond appropriately to the APPLICANT’s requests for time extensions and changes
to an approved project.
A.28 SUBCONTRACTING
The APPLICANT shall use a competitive procurement process in the award of any contracts with
contractors or subcontractors that are entered into under the original contract award.
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The procurement process followed shall be in accordance with Part 13 of 44 CFR, 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
APPLICANT.
As required by Section 694 of the “Post-Katrina Emergency Management Reform Act” (P.L. 109-295),
which amended section 307 of the Stafford Act, 42 U.S.C. 5150, contracts or agreements with private
organizations, firms or individuals for debris clearance, distribution of supplies, reconstruction, and
other major disaster assistance activities, shall be awarded to those organizations, firms and individuals
residing or doing business primarily in the geographical area affected by the disaster, to the extent
feasible and practicable. Such contracts or agreements with private organizations, firms, or individuals,
not residing or doing business primarily in the geographical area affected by the d eclared disaster shall
be justified in writing in the APPLICANT’s contract file. Contracts in place prior to a declaration should
be transitioned to such local organizations, firms or individuals unless the head of the APPLICANT
organization determines that it is not feasible or practicable. This determination must be documented in
the APPLICANT’s contract file. The transition requirement should not be construed to require an
APPLICANT to breach an existing contract.
All subcontracting agreements entered into pursuant to this Grant Agreement shall incorporate this
Grant Agreement by reference.
A.29 PUBLICITY
The APPLICANT agrees to submit to the DEPARTMENT 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 APPLICANT agrees not to publish or use such advertising and publicity mat ters without
the prior written consent of the DEPARTMENT. The APPLICANT 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 grant number, and a statement that the publication
does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.30 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 APPLICANT 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.31 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or
assigned by the APPLICANT.
A.32 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 APPLICANT'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.33 LIMITATION OF AUTHORITY – Authorized Signature
Only the DEPARTMENT’s Authorized Signature and the Authorized Signature or assigned Applicant
Agent or Alternate for the APPLICANT, 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.
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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
representatives. Further, only these persons shall have signature authority to sign payment requests,
certification of project completion, time extension requests, requests for changes to project status
(including improved or alternate project status), and Statements of Documentation for large projects.
A.34 ASSURANCES
The APPLICANT certifies that:
a. They have the legal authority to apply for federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal and non-state shares of the
project cost) to ensure proper planning, management and completion of the project described in
approved Project Worksheets.
b. They will give the awarding agency, the Comptroller General of the United States and the State,
through any authorized representative, access to and the right to examine all records, books,
papers, or documents related to the award; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency directives.
c. They will not dispose of, modify the use of, or change the terms of the real property title, or other
interest in the site and facilities without permission and instructions from the awarding agency.
They will record the federal interest in the title of real property in accordance with FEMA directives
and will include a covenant in the title of real property acquired in whole or in part with federal
assistance funds to assure non-discrimination during the useful life of the project.
d. They will comply with the requirements of the DEPARTMENT and FEMA with regard to the drafting,
review and approval of construction plans and specifications, and awarding of construction
contracts.
e. They will provide and maintain competent and adequate engineering supervision at construction
sites to ensure that the completed work conforms to the approved plans and specifications and will
furnish progress reports and such other information as may be required by either FEMA or the
DEPARTMENT.
f. They will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
gain.
g. They will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
h. They will comply with the Intergovernmental Personnel Act of 1970, as amended (42 U.S.C. §§4701
et seq.) relating to prescribed personnel standards on a merit basis for programs funded under one
of the 19 statutes or regulations specified in Appendix A of the federal Office of Personnel
Management’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).
i. They will comply with all applicable state and federal statutes, regulations and executive orders
relating to nondiscrimination, including but not limited to: (a) Title VI of the Civil Rights Act of 1964
(PL 88-352, 42 U.S.C. 2000d) which prohibits discrimination on the basis of race, color or national
origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C §§1681 et seq.),
which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973
(PL 93-112), as amended (29 U.S.C §794), which prohibits discrimination on the basis of disability;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C §§6101 et seq.), which prohibits
discrimination on the basis of age; (e) the Americans with Disabilities Act of 1990 (42 U.S.C.
§§12101 et seq.); and (f) the Fair Housing Amendments Act of 1988 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing. However, the
requirements of Section 202 of Executive Order 11246, as amended, do not apply to a government
contractor or subcontractor that is a religious corporation, association, educational institution or
society, with respect to the employment of individuals of a particular religion to perform work
connected with the carrying on by such corporation, association, educational institution or society of
its activities.
j. They will comply, or have already complied, as applicable, with the requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (PL 91-646,
42 U.S.C. §§4601 et seq.) which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of federal or federally-assisted programs.
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These requirements apply to all interests in real property acquired for project purposes regardless
of federal participation in purchases.
k. They will comply, as applicable, with provisions of the Hatch Act, as amended (5 U.S.C §§1501 et
seq. and §§7321 et seq.) which limit the political activities of certain employees whose principal
employment activities are funded in whole or in part with federal funds.
l. They will comply, as applicable, with labor and wage provisions related to certain federally-assisted
contracts (e.g., the wage rate requirements in the Davis-Bacon Act, as amended, 40 U.S.C. §§3141
et seq., the Copeland Anti-Kickback provisions in 40 U.S.C §3145 and 18 U.S.C §874, and the
Contract Work Hours and Safety Standards in 40 U.S.C §§3701 et seq.).
m. They will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (PL 93-234), as amended.
n. They will comply, if applicable, with environmental standards prescribed pursuant to the following:
(a) protection and enhancement of environmental quality pursuant to Executive Order (EO) 11514,
as amended; (b) administration of the Clean Air Act and the Federal Water Pollution Control Act
with respect to Federal contracts, grants, or loans pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990, as amended; (d) floodplains management pursuant to EO 11988, as
amended; (e) the Coastal Zone Management Act of 1972 (P.L. 92-583), 16 U.S.C. §§1451 et seq.,
as amended; (f) Air Quality & Emission Limitations pursuant to 42 U.S.C. §§7401 et seq.; (g) the
Safe Drinking Water Act of 1974 (PL 93-523), as amended; and, (h) the Endangered Species Act of
1973 (PL 93-205), as amended.
o. They will comply, if applicable, with the Wild and Scenic Rivers Act (PL 90-542), 16 U.S.C. §§1271
et seq., as amended.
p. They will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966 (PL 89-665), 16 U.S.C. §470, as amended; EO 11593 (protection
and enhancement of the cultural environment); and the Archaeological and Historic Preservation
Act, 16 U.S.C. §§469 et seq., as amended.
q. They will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. chapter 63) which
prohibits the use of lead-based paint in construction or rehabilitation of residential structures.
r. They will cause to be performed the required financial and compliance audits in accordance with
the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, “Audits of States, Local
Governments, and Non-Profit Organizations.”
s. They will comply with all applicable requirements of all other federal laws, executive orders,
regulations, and policies governing this program.
t. They will certify to the best of their knowledge and belief that the New Restrictions on Lobbying, 44
CFR Part 18, are complied with; i.e., that no federally appropriated funds have been paid or will be
paid by or on behalf of the APPLICANT 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; that if any funds other than federally 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 contract, grant, loan, or cooperative
agreement, the APPLICANT will complete and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions; and that, as applicable, the APPLICANT will
require that the language of this certification be included in the award documents for all
subcontracts at all tiers and that all subrecipients shall certify and disclose accordingly.
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Attachment #1 – Project Worksheet Sample
U.S. DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PROJECT WORKSHEET
O.M.B. No. 1660-0017
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and fin ancial
resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments
regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden
to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500
C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660 -0017). You are not required to
respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not
send your completed form to this address.
DISASTER PROJECT NO.
PA ID NO.
DATE
CATEGORY
F
E
M
A
-
-
F
M
D
R
-
R
DAMAGED FACILITY
WORK COMPLETE AS OF:
: %
APPLICANT
COUNTY
LOCATION
LATITUDE
LONGITUDE
DAMAGE DESCRIPTION AND DIMENSIONS
SCOPE OF WORK
Does the Scope of Work change the pre-disaster conditions at the site? Yes No
Special Considerations issues included? Yes No Hazard Mitigation proposal included? Yes No
Is there insurance coverage on this facility? Yes No
PROJECT COST
I
T
E
M
CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST
/
/
/
/
/
/
/
/
/
TOTAL COST
PREPARED BY
TITLE
SIGNATURE
APPLICANT REP.
TITLE
SIGNATURE
FEMA Form 90-91, FEB 06 REPLACES ALL PREVIOUS EDITIONS.
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Attachment #2
ADDITIONAL AGREEMENT PROVISIONS
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282)
A. This Agreement (subaward) is supported by federal funds, requiring compliance with the Federal Funding
Accountability and Transparency Act (FFATA) 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 Agreement, Applicant agrees to provide all applicable reporting information to the
Washington Military Department (Department) 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 FFATA and
OMB Guidance.
D. As a Federal grant subawardee under this Agreement, your organization is required by FFATA, OMB
Guidance and this Agreement to provide the Department, as the prime grant awardee, all information required
for FFATA compliant reporting by the Department. This includes all applicable subawardee entity information
required by FFATA and OMB Guidance, subawardee Data Universal Numbering System number (DUNS
number), and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the Department or by the
Federal Contractor Registry (CCR) (www.ccr.gov). CCR is a government wide registration
system for organizations that do business with the Federal Government. CCR stores information
about awardees including financial account information for payment purposes and a link to Dunn
and Bradstreet (D&B) (www.dnb.com) for maintaining current DUNS information. The
Department encourages CCR registration and annual renewal by your organization to minimize
unnecessary data entry and re-entry required by both the Department and your organization. It
will also reduce the potential of inconsistent or inaccurate data entry.
2. Your organization must have a DUNS number obtained from the firm 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 Department, 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).
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“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:
Officer 1 Name
Officer 1 Total Compensation amount
Officer 2 Name
Officer 2 Total Compensation amount
Officer 3 Name
Officer 3 Total Compensation amount
Officer 4 Name
Officer 4 Total Compensation amount
Officer 5 Name
Officer 5 Total Compensation amount
If your organization does not meet these criteria, specifically identify below each of these criteria that is not met
for your organization:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
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Washington State Emergency Management Public Assistance Supplemental Contracting Documents
Disaster Number:
Event Name:
Declaration Date:
Contract #:
FIPS #:
Step 1: Complete the following fields to populate the forms:
Date forms will be submitted:
Section 1: Jurisdiction/Applicant Information
Applicant Name:
Doing Business As:
County:
Street Address:
Mailing Address:
City: State: ZIP:
Tax Identification Number:
State Business # (UBI):
DUNS #:
Do you have an account already established with the State? Yes No, complete information in Section 7
State Vendor #:
Type of Applicant:
A - State F - Higher Educational Institution
B - County G - Indian Tribe
C - City H - Private NonProfit
D - School District I - Other (Specify) __________________
E - Special Purpose District (includes Diking Districts, Fire districts, etc.)
Congressional District Number(s):
Legislative District Number(s):
Section 2: Applicant Agent Information (Primary Contact)
Name:
Title:
Phone:
Fax:
Email:
Section 3: Alternate Applicant Agent Information (Secondary Contact- not required but suggested)
Name:
Title:
Phone:
Fax:
Email:
Section 4: If highest official is applicant agent or alternate, then resolution must be used and the following information is needed:
Date of resolution: Day: Month: Year:
Governing Body:
Individual certifying that resolution is true and correct copy (usually clerk):
Name: Title:
Date certifying resolution: Day: Month: Year:
Section 5: Authorizing Authorities (up to 3, need to match resolution or designation letter)
Name: Title/Term of Office:
Name: Title/Term of Office:
Name: Title/Term of Office:
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Step 2: Review forms for accuracy
Step 3: Print Page 3 on letterhead if applicant agent or alternate is not highest authority (or use your own letter)
Step 4: Print Page 4 if applicant agent or alternate is highest authority (or use your own resolution format)
Step 5: Print remainder of forms (pages 5 – 9) and two copies of contract/grant agreement (separate attachment)
Step 6: Either highest official signs Page 3: Designation Letter (if not applicant agent or alternate) or governing body passes
and signs resolution. If resolution format is used, clerk of governing body signs Page 4: Resolution
Step 7: Highest official and/or governing body signs Page 5: Signature Authorization form (Block 1)
Step 8: Applicant agent signs forms
Page 5: Signature Authorization Form (Block 2)
Page 6: Disaster Assistance Application
Page 7: Debarment form
Page 8: W-9
Step 9: Alternate applicant agent signs Page 6: Disaster Assistance Application
Step 10: Someone who signed in Block 2 of Signature Authorization Form signs two copies of contract
Step 11: If account has not already been established with State, someone authorized to access account signs Page 9: Direct
Deposit
Step 12: Mail forms to Gary Urbas, Washington Military Department, Emergency Management Division, MS: TA-20 Building
20-B, Camp Murray, WA 98430-5122:
2 originals of contract/grant agreement (step 10)
Either 1 original of designation letter or 1 certified copy of resolution (step 6) – we need only a letter or resolution-
not both
1 original signature authorization form (step 7 & step 8)
1 original disaster assistance application (step 8 & 9)
1 original debarment form (step 8)
1 W-9 (can be copy or signed in step 8)
1 Direct Deposit form (can be copy or signed in step 11)
Section 6: Other individuals authorized to sign contracts or amendments
(unless jurisdiction has rules stipulating otherwise, the applicant agent and/or alternate should be included)
Name: Title:
Name: Title:
Name: Title:
Section 7: Direct Deposit Information (only needs completed if no account has been established with state)
Name on Account:
Address:
City: State: ZIP:
Primary Type of Goods &
Services:
Contact for Direct Deposit Information:
Name:
Title:
Phone:
Fax:
Email:
Financial Information:
Financial Institution Name:
Financial Institution Phone:
Routing #:
Account #:
Type of Account: Checking Savings
Authorization Name on
Account:
Title:
9g. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 125 of 183
Gary Urbas
Washington Military Department
Emergency Management Division
MS: TA-20 Building 20-B
Camp Murray, WA 98430-5122
Re: Designated Applicant Agent
Dear Mr. Urbas:
The purpose of this letter is to designate the Applicant Agent and Alternate authorized
representatives for
Event:
Applicant:
Applicant Agent:
Alternate Applicant:
The purpose of this designation as the authorized representatives is to obtain federal
and/or state emergency or major disaster assistance funds.
These representatives are authorized to execute all contracts, certify completion of
projects, request payments, and prepare all required documentation for funding
requirements.
Sincerely,
9g. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 126 of 183
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION
DATE SUBMITTED
PROJECT DESCRIPTION
Public Assistance Program, Disaster -DR-WA
CONTRACT NUMBER
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
2. OTHER INDIVIDUALS AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
SIGNAUTH – PA, Revised 11/09
9g. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 127 of 183
DISASTER ASSISTANCE APPLICATION DEM - 131
Application Identifier: State Number: Federal Disaster Number:
Federal Catalog Number: 97.036 Title: Public Assistance Grants
Declaration Date:
Applicant’s FEMA Project Application Number:
Legal Applicant Recipient:
Applicant’s Name:
Street Address:
Mailing Address: County:
City: State: Zip Code:
Applicant Agent: Contact Information:
Name: Phone: Title: Fax:
E-mail:
Signature: Date:
Alternate Applicant Agent:
Name: Phone: Title: Fax:
E-mail:
Signature: Date:
Type of Applicant:
A - State F - Higher Educational Institution
B - County G - Indian Tribe
C - City H - Private NonProfit
D - School District I - Other (Specify) __________________
E - Special Purpose District
Enter Appropriate Letter _______
Congressional District Number: _______________________
State Legislative District Number: _______________________
Governor's Authorized Representative:
Signature_______________________________ Date:________________
NOTE: Shaded blocks for WA EMD use.
9g. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 128 of 183
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Creating a new Police Specialist position from an
existing Police Secretary vacancy
Meeting:
Regular Council - 16 Apr 2012
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Police
Staff Contact:
Melissa Day - x7507, Katie McClincy - x7512
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
When the Benson-Hill Annexation was effective in January 2008, twenty-four Officers and two Police
Service Specialists were authorized to support this annexation. The officers were hired; however, the
specialists were not, as we started to face some budget restraints. The Staff Services Division, where
the new specialist will be assigned, has a substantial case load. Historically, there has been a backlog
in data entry and case submission into our records management system. Without the cases being
entered, they cannot be referred to Investigations to follow up. This past year, scheduled overtime was
authorized so specialists could come in and concentrate only on data entry.
Administrative Assistant Sherry Smith retired in July 2011 and her position was filled internally by
Melissa Day. This created a secretary vacancy in Auxiliary Services. This vacancy is still currently
unfilled. The Police Department is requesting that this vacancy be exchanged for a Police Service
Specialist. The Secretary position is a grade PN51 and the Police Service Specialist is a grade PN62.
The specialist is compensated approximately four thousand dollars annually higher than the secretary.
Any additional costs to the 2012 budget will be offset by vacant commissioned positions. The work that
was previously assigned to this secretary position has been distributed across the department to other
work groups.
STAFF RECOMMENDATION:
Approve the recommendation to create a new Police Specialist position from an existing Police
Secretary vacancy.
9h. ‐ Police Department requests authorization to replace the vacant
Police Secretary (grade PN51) position with a new Police Service
Page 129 of 183
POLICE DEPARTMENT
M E M O R A N D U M
DATE:March 30, 2012
TO:Rich Zwicker, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Kevin Milosevich, Chief
STAFF CONTACT:Katie McClincy, Commander x7512
SUBJECT:Creating a new Police Specialist position from an existing
Police Secretary vacancy.
ISSUE
Should the Police Department fill a current Police Secretary vacancy with a Police Service
Specialist?
RECOMMENDATION
Approve the recommendation of the Department to add the additional Police Service
Specialist to assist with the workload in the Staff Services Division.
OVERVIEW
When the Benson-Hill Annexation was effective in January of 2008, twenty-four officers
and two Police Service Specialists were authorized to support this annexation. The
officers were hired; however the specialists were not as we started to face some budget
restraints.
The Staff Services Division, where the new Specialist will be assigned, has a substantial
case load. Historically, there has been a backlog in data entry and case submission into
our records management system. Without the cases being entered, they cannot be
referred to Investigations to follow up. This past year, I authorized scheduled overtime
so Specialists could come in to concentrate only on data entry.
Last July, Sherry Smith retired and her position was filled internally by Melissa Day. This
created a secretary vacancy in Auxiliary Services. This vacancy is still currently unfilled. I
am requesting that this vacancy be exchanged for a Police Service Specialist. The
Secretary position is a Grade PN51 and the Police Service Specialist is a grade PN62. The
Specialist is compensated approximately four thousand dollars annually higher than the
secretary. Any additional costs to the 2012 budget will be offset by vacant
commissioned positions.
9h. ‐ Police Department requests authorization to replace the vacant
Police Secretary (grade PN51) position with a new Police Service
Page 130 of 183
Addressee Name
Page 2 of 2
Date of Memo
c:\documents and settings\msday.renton\local settings\temporary internet files\content.outlook\c9f2khuf\issue
paper specialist.doc
The work that was previously assigned to this secretary position has been distributed
across the department to other work groups.
CONCLUSION
Staff recommends Council approve the proposed adjustment.
9h. ‐ Police Department requests authorization to replace the vacant
Police Secretary (grade PN51) position with a new Police Service
Page 131 of 183
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Interfund Loan for Transportation Capital
Investment Fund (Fund 317)
Meeting:
Regular Council - 16 Apr 2012
Exhibits:
Issue Paper
Exhibit A -- Fund 317 Balance without
interfund loan
Resolution
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Rich Perteet, Deputy Public Works Administrator --
Transportation
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required:
$ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget:
$
Total Fund Budget $30,135,971
(2012)City Share Total Project: $
SUMMARY OF ACTION:
In order to provide cash-flow and allow construction of major capital projects [SW 27th St./Strander
Blvd., Rainier Avenue South, NE 4th Street Phase 1, and South Lake Washington Roadway Improvements
(Garden Avenue North)], Fund 317 needs a temporary cash loan. The interest bearing loan will be paid
back from Fund 317 and payment ofthe loan will occur within 30 months of the effective date.
STAFF RECOMMENDATION:
Adopt the resolution authorizing an interfund loan for Fund 317 in an amount up to $5.5 million for up
to 30 months.
9i. ‐ Transportation Systems Division requests authorization for an
interfund loan to Fund 317 in an amount up to $5.5 million from the Page 132 of 183
9i. ‐ Transportation Systems Division requests authorization for an
interfund loan to Fund 317 in an amount up to $5.5 million from the Page 133 of 183
9i. ‐ Transportation Systems Division requests authorization for an
interfund loan to Fund 317 in an amount up to $5.5 million from the Page 134 of 183
9i. ‐ Transportation Systems Division requests authorization for an
interfund loan to Fund 317 in an amount up to $5.5 million from the Page 135 of 183
9i. ‐ Transportation Systems Division requests authorization for an
interfund loan to Fund 317 in an amount up to $5.5 million from the Page 136 of 183
9i. ‐ Transportation Systems Division requests authorization for an
interfund loan to Fund 317 in an amount up to $5.5 million from the Page 137 of 183
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Joint Utility Trench Construction Agreement with
Comcast for the Rainier Avenue South (SR 167)-
South Grady Way to South 2nd Street Project (TIP
#3)
Meeting:
Regular Council - 16 Apr 2012
Exhibits:
Joint Utility Trench Construction Agreement
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Derek Akesson, Project Manager, x7337
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $472,000 Transfer Amendment: $
Amount Budgeted: $ $472,000 Revenue Generated: $$472,000
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City's construction contract for the Rainier Avenue South (SR 167)- South Grady Way to South 2nd
Street Project (TIP #3) includes relocation of existing Comcast facilities. The City's contractor will install
new conduit for Comcast and Comcast will install new vaults and underground telecommunication lines.
Comcast will reimburse the City for the cost to relocate all of their facilities located within the street
right-of-way. The Joint Utility Trench Construction Agreement defines this reimbursement process for
the work performed by the City's contractor.
Based on the unit prices in the bid awarded to Johansen Excavating, Inc., the cost of this work is
estimated to be $472,000. Per the agreement,Comcast will reimburse the City for all actual costs.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Joint Utility Trench Construction Agreement with
Comcast for relocation of Comcast facilities for the Rainier Avenue South (SR 167)- South Grady Way to
South 2nd Street Project (TIP #3).
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 138 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 139 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 140 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 141 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 142 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 143 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 144 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 145 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 146 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 147 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 148 of 183
9j. ‐ Transportation Systems Division recommends approval of a Joint
Utility Trench Construction Agreement with Comcast in the amount of Page 149 of 183
11a. ‐ Authorizing application for a Washington State Recreation and
Conservation Office Aquatic Land Enhancement (ALEA) grant (See 10.a.)Page 150 of 183
11a. ‐ Authorizing application for a Washington State Recreation and
Conservation Office Aquatic Land Enhancement (ALEA) grant (See 10.a.)Page 151 of 183
11a. ‐ Authorizing application for a Washington State Recreation and
Conservation Office Aquatic Land Enhancement (ALEA) grant (See 10.a.)Page 152 of 183
11b. ‐ Authorizing application for a Washington State Recreaton and
Conservation Office Land and Water Conservation Fund (LWCF) grant Page 153 of 183
11b. ‐ Authorizing application for a Washington State Recreaton and
Conservation Office Land and Water Conservation Fund (LWCF) grant Page 154 of 183
11b. ‐ Authorizing application for a Washington State Recreaton and
Conservation Office Land and Water Conservation Fund (LWCF) grant Page 155 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 156 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 157 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 158 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 159 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 160 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 161 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 162 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 163 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 164 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 165 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 166 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 167 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 168 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 169 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 170 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 171 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 172 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 173 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 174 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 175 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 176 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 177 of 183
11a. ‐ School District Impact Fees (Approved via 4/2/2012 Committee of
the Whole committee report)Page 178 of 183
11b. ‐ Water leak adjustment policy revision (Approved via 4/9/2012
Utilities Committee committee report)Page 179 of 183
11b. ‐ Water leak adjustment policy revision (Approved via 4/9/2012
Utilities Committee committee report)Page 180 of 183
11b. ‐ Water leak adjustment policy revision (Approved via 4/9/2012
Utilities Committee committee report)Page 181 of 183
11b. ‐ Water leak adjustment policy revision (Approved via 4/9/2012
Utilities Committee committee report)Page 182 of 183
11b. ‐ Water leak adjustment policy revision (Approved via 4/9/2012
Utilities Committee committee report)Page 183 of 183