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Final Agenda Packet
CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, June 22, 2020 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Public Hearing testimony and audience comments will be accommodated through Zoom and by telephone, but the public is requested to sign up for such testimony by emailing cityclerk@rentonwa.gov or jmedzegian@rentonwa.gov. Attendance by telephone is available by calling 425-430-7171 and then entering code 0033665#. For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/87006639675 (or copy the URL and paste into a web browser) or (2)call-in to the Zoom meeting by dialing 253-215-8782 and entering 870 0663 9675, or (3) email one of the above email addresses or call 425-430-6501 by 10 a.m. on the day of the meeting to request an invite with a link to the meeting. Those providing testimony or audience comments will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. The proceedings will also be available to view live on Renton’s Channel 21, and streaming live at http://rentonwa.gov/streaming. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARING a) CDBG – COVID Funding 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENTS 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of June 15, 2020. Council Concur b) AB - 2660 City Clerk submits the 60% Petition to Annex and King County annexation sufficiency letter for the proposed Graves Annexation (File No. A-19-001), and recommends setting July 6, 2020 as a Public Hearing to consider the matter. Council Concur; Set Public Hearing on 07/06/2020 c) AB - 2663 City Clerk recommends approving the City Clerk Division reorganization by 1) Converting an Assistant Public Records Officer position (a20) to Deputy City Clerk/Public Records Officer (m24); 2) Converting a Public Records Specialist position (a11) to Public Records Specialist (a17) (position is currently vacant); 3) Converting the Enterprise Content Manager/Deputy City Clerk position (m24) to Enterprise Content Manager (m27); and 4) Establishing a City Clerk Specialist series by converting two City Clerk Specialist positions (a11) to City Clerk Specialist II (a15), effective 8/1/2020. The division's professional services budget will absorb the added costs. Refer to Finance Committee d) AB - 2659 Administrative Services Department recommends adopting a resolution to establish a program funding and implementation plan for the City's CARES Act Relief Funds, and authorize execution of an Interagency Agreement with the Washington State Department of Commerce in order to receive $3,141,000 in Coronavirus Relief Funds to assist individuals, businesses, and the City respond to the COVID-19 health crisis. Council Concur e) AB - 2662 Transportation Systems Division recommends authorizing execution of a Local Agency Agreement with the Federal Aviation Administration for the obligation of CARES Act grant funding, in the amount of $69,000, for airport operational and maintenance expenses incurred after January 20, 2020. Refer to Finance Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Renewal of City’s Property Insurance Policy, WSDOT Grant Acceptance 8. LEGISLATION Resolution: a) Resolution No. 4411: CARES Act Funding 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. Executive Session a) To discuss with legal counsel matters of potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 30 minutes. 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - MEETING REMOTELY Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings 2020 Community Development Block Grant CV Funds(Coronavirus) Allocation of CV Funds RENTON CITY COUNCIL JUNE 22, 2020 AGENDA ITEM #3. a) Coronavirus Relief and Economic Security (CARES) Act The CARES ACT allocated $5 billion for The Department of Housing and Urban Development (HUD) CDBG Program Renton received an allocation of $419,569 through the King County Consortium Funds must support direct response to COVID 19 AGENDA ITEM #3. a) Community Development Block Grant (CDBG-CV) Uses CV funds must be used to prevent, prepare for, and respond to coronavirus. Funds may be used for: •Public Services—food and rental assistance •Assistance to Microenterprise—businesses with 5 or fewer employees, including the owner. Must be low/moderate income. •Assistance to for-profit small businesses AGENDA ITEM #3. a) Requirements CDBG funds are subject to numerous federal requirements Agencies must have existing ability to accurately track staff time, client service eligibility, and all other applicable federal regulations Funds must support direct response to COVID-19 AGENDA ITEM #3. a) Funding Recommendation Address the priority public service needs such as rent, utility, and food assistance $300,000 for rental/utility assistance $101,178 for food assistance $10,000 for city planning and administrative costs (planning, distribution of funds, contract management and community outreach) $8,391 King County administration of funds AGENDA ITEM #3. a) Process Staff must assess agency capacity to accept and manage CDBG CV funds and deploy them quickly Three-step process to allocate funds AGENDA ITEM #3. a) Step 1: Allocate Emergency assistance/rental assistance funds to agencies with current program capacity and an existing relationship with the City of Renton AGENDA ITEM #3. a) Step 2: If funds are not completely allocated through step 1, then… Allocate emergency assistance/rental assistance to an agency with a presence in South King County and a rental assistance program.AGENDA ITEM #3. a) Step 3: If the city still has funds available to allocate, the funds will be allocated through an open RFP process. Some agencies are reluctant to accept CDBG funds because of the complexities in tracking and reporting. AGENDA ITEM #3. a) Contingency Plan If Renton is unable to expend the funds after steps 1-3, staff proposes funding go toward legal assistance to prevent or defend eviction. Once eviction suspensions are lifted (currently August 1), landlords will move to start eviction proceedings and the residents will need legal assistance. AGENDA ITEM #3. a) Micro-Enterprise and Small Businesses Assisting micro-enterprise and small business has also been identified as a priority need. CARES Act (non-CDBG) funds are more flexible and better- suited to support micro-enterprise and small businesses, so use of CDBG CV funds is not recommended. AGENDA ITEM #3. a) Recommendation Staff recommend that City Council approve the process for allocation of CDBG-CV funds Approve the contingency plan Authorize staff to proceed with contracts and/or contract amendments to implement the funded programs Authorize the Mayor to execute contracts and/or contract amendments to implement the funded programs AGENDA ITEM #3. a) June 15, 2020 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES ‐ City Council Regular Meeting 7:00 PM ‐ Monday, June 15, 2020 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM. ROLL CALL Councilmembers Present: Ruth Pérez, Council President Randy Corman, Council Position No. 1 Angelina Benedetti, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Kim‐Khánh Vǎn, Council Position No. 7 (all councilmembers attended remotely) Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Cheryl Beyer, Senior Assistant City Attorney Jason Seth, City Clerk Julia Medzegian, Council Liaison Preeti Shridhar, Deputy Public Affairs Administrator Jan Hawn, Administrative Services Administrator Ellen Bradley‐Mak, Human Resources and Risk Management Administrator Kelly Beymer, Community Services Administrator Martin Pastucha, Public Works Administrator Jennifer Henning, Planning Director Jim Seitz, Transportation Systems Director Ron Straka, Utilities Systems Director Craig Burnell, Building Official Kim Gilman, HR Labor Manager Brian Sandler, Senior Employee Relations Analyst AGENDA ITEM #6. a) June 15, 2020 REGULAR COUNCIL MEETING MINUTES Chief Rick Marshall, Renton Regional Fire Authority Commander Dan Figaro, Police Department (All City staff attended remotely except City Clerk Seth) PROCLAMATION a) Juneteenth 2020: A proclamation by Mayor Pavone was read declaring June 19, 2020 to be Juneteenth 2020 in the City of Renton, encouraging all citizens to join in this celebration. Dr. Rev. Linda Smith accepted the proclamation with thanks. She then displayed a video commemorating past Juneteenth celebrations. MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT City Clerk Jason Seth reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2020 and beyond. Items noted were: City staff understands that walking and being outside are essential activities for mental and physical wellbeing during this unusual time. Using the Governor’s Safe Start phased approach as a guide, King County has met criteria for Phase 1.5; outdoor recreation is operating at Phase 2 and groups up to five people may gather safely. Park amenities will reopen as Safe Start thresholds allow; these decisions will also consider available resources to manage park activities: o Tennis and pickleball courts are open o Swim beaches at Coulon and Kennydale Beach Parks will not be guarded this year and warning signs will be posted in English, Spanish, and Vietnamese o All vehicle and pedestrian park gates will open on Monday, June 15, including the north and south pedestrian gates at Coulon Park o Kennydale Beach Park will open on Friday, June 19 o Meadow Crest Park will remain closed until later phases o All picnic shelters will remain closed for the season o The Boat Launch facility at Coulon Park is open o Only foot traffic is permitted on the narrow trails at Coulon Park – no bicycles, skateboards, or roller blades o With the exception of service animals, dogs are not allowed at Coulon or Kennydale Beach Parks. At all other city parks and trails, dogs are allowed on 6’ leashes o Cedar River Dog Park is an off‐leash site located along the Cedar River Trail and across from the Renton Community Center at 1500 Houser Way o For your safety, follow directions on all posted signage Park Rules and Regulations (RMC 2‐9‐8) and Share the Trail brochure information is located on the Parks and Trails Division web page: rentonwa.gov/parks. Do not use parks or trails if you are sick or not feeling well. Observe CDC minimum recommended physical distance of 6 feet between each other; wear a face covering if not able to distance 6 feet. AGENDA ITEM #6. a) June 15, 2020 REGULAR COUNCIL MEETING MINUTES Call 9‐1‐1 in case of an emergency, or call the police non‐emergency line at 425‐235‐ 2121 to report unwanted behavior. Comments, suggestions, and questions are welcome. On Wednesday, June 17, the WSDOT I‐405 Renton to Bellevue Widening and Express Toll Lanes Project construction of 2.5 miles of paved King County Eastrail will begin. This trail work is a joint effort of WSDOT and King County Parks, and is being performed by the project’s contractor, Flatiron‐Lane Joint Venture. A public online open house describing the project will be launched on June 17 and will run through June 26 at eastrail.participate.online. On June 22, trail segment one (Ripley Lane to Hazelwood Lane) will close for construction until mid‐September. The Lake Washington Loop Trail which parallels this section will remain open for use. Signs will be placed on the trail by June 16 to notify trail users of the upcoming closure. King County Parks is working closely with WSDOT to ensure neighbors and the trail community are aware of this construction timeline. For more information: WSDOT project office: 425‐456‐8624 or I405SR167Program@wsdot.wa.gov King County Parks: Eastrail@kingcounty.gov 24/7 construction hotline: 425‐818‐0161 Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS Joseph Todd, Renton, commented on the civil unrest occurring due to recent and historic incidents of police brutality conducted against black people in America. He stated there were four areas the City of Renton could pursue to improve policing in the community. He explained the following ideas: 1) Police budget transparency – transparency in the sense that each budget line item is explained in simple terms in regards to how much is spent on officer training, how much towards officer pay and benefits, how seizure funds are expended, etc. 2) Funding resources to assist persons with mental health issues, explaining that police officers are often dispatched to mental health calls which could be redirected to social workers with the experience of handling individuals with mental health issues, 3) Clarifying and reforming City hiring practices so that police officer demographics reflect the demographics of the Renton community, and 4) Ensuring that one out of every three police officers live in the City of Renton. Krysta Strasbaugh, Renton, stated she is speaking as a concerned citizen in the collective fight against white supremacy. She expressed concern about the City’s response to the murder of George Floyd, and shared a story about how the Renton School District decided to have a uniformed Renton police officer make regular visits to Tiffany Park Elementary School without notifying parents. Ms. Strasbaugh explained that even after parents raised concerns with the school, the visits continued. She also expressed disappointment in a recent City statements and articles, explaining that real change is not achievable if the City is more concerned with cosmetic compliance than making real policy changes. Ms. Strasbaugh concluded by reiterating Mr. Todd’s four key requests for police reform. AGENDA ITEM #6. a) June 15, 2020 REGULAR COUNCIL MEETING MINUTES Lylia Nichols, Renton, stated she is a single mother and registered nurse who moved to Renton about six months ago. She described two incidents in which her sons had had interactions with Renton police. She indicated that one incident involved other students fighting on a school bus, and the other involved a neighbor calling the police on her sons for playing in or near his yard. Ms. Nichols explained that when the officer came to talk to her about their alleged trespassing, he did not try to ease her sons’ fears, only told them to stay away from the neighbor’s property. She emphasized that she is scared and asked Council to take actionable steps to assure change will happen, and to make sure the police department reflects those who live in Renton. Whitney Lee King, Renton, remarked that some of the solutions brought up tonight are meant to not just improve upon the police department, but to restructure and reimagine community policing in Renton. She described one solution as requiring officers to wear QR codes on their uniforms so that any citizen could use a mobile device to scan the code and be taken to a webpage that would display the officer’s name and badge number, their policing history, and any disciplinary actions they have had in the past. Ms. King explained that the system could eventually be used to reward good police officers and discipline bad ones. She described another solution as only hiring officers over five feet, ten inches. She explained that studies show that being tall is beneficial in police work. Ms. King described her third solution as providing all camera data collected by officers to the public. She explained that citizens should have access to any and all footage that is recorded in public by taxpayer‐funded cameras. Trenice Williams, Renton, suggested the City use new and fresh approaches to its hiring processes. He explained that in order to stop the school‐to‐prison pipeline, the City should consider hiring convicted criminals to police their own communities. Mr. Williams explained that this approach is used by technology companies who hire hackers to test their systems. He remarked that this could also help many felons by providing them with new job opportunities. Concluding, Mr. Williams reiterated Mr. Todd’s four key requests for police reform. Lanissa Youngquist, Renton, emphasized that the Police Department has a duty to serve and protect Renton residents. She noted that police officers arriving on a scene should be ready to engage with trust and empathy instead of seeking fault and preparing to defend themselves. Ms. Youngquist also remarked that oftentimes police officers are more committed to the badge than to the community. Concluding she reiterated the key points on police reform mentioned by Mr. Todd, and inquired as to whether Renton police officers have body cameras and de‐escalation training. Meena Merchant, Renton, noted that she created an organization called The Owl Project in 2016 which focused on creating public art. She shared that the group created a mural about diversity on a wall behind Carco Theater during last year’s Renton River Days. Ms. Merchant than explained how Mayor Bowser of Washington, D.C. had the words Black Lives Matter painted on a main road in D.C., and urged the City to support a similar project in Renton. She explained that this type of project offers a message of solidarity to African Americans and should be done in every city in the country. She urged Council and the Mayor to help break the bureaucratic barriers that keep projects like this from happening. Concluding, Ms. Merchant stated that this project could be a massive visual reminder of our commitment to stand together in our fight against systemic racism. AGENDA ITEM #6. a) June 15, 2020 REGULAR COUNCIL MEETING MINUTES City Clerk Seth forwarded emails from Winter Cashman‐Crane and Bimal Kumar to the Council and the Administration prior to the start of the meeting. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of June 8, 2020. Council Concur. b) AB ‐ 2656 Mayor Pavone reappointed Mr. Troy Wigestrand and Mr. Larry Reymann to the Parks Commission with terms expiring on June 1, 2024. Council Concur. c) AB ‐ 2657 Community Services Department recommended setting a public hearing on June 22, 2020 to consider adopting the process to receive an allocation of $411,178 in Community Development Block Grant (CDBG‐CV) funds, to assist with public services such as rent, utility, and food assistance, and micro‐enterprise/small business support in the Renton community. Refer to Finance Committee. d) AB ‐ 2652 Human Resources / Risk Management Department recommended approval to renew the City's property insurance policies, with Alliant Insurance Services, in amount of approximately $500,000, to cover city‐owned structural and other property assets. Refer to Finance Committee. e) AB ‐ 2658 Transportation Systems Division requested authorization to execute Supplemental No. 1 to CAG‐14‐044 with the Washington State Department of Transportation for the obligation of grant funding in the amount of $3,150,000, and approval of all subsequent agreements necessary to accomplish the NE Sunset Blvd (SR 900) Corridor Improvement s project. City's match is 13.5%. Refer to Finance Committee. MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Transportation Committee Chair McIrvin presented a report concurring in the staff recommendation to approve the professional services agreement with Perteet, Inc. to provide construction management services totaling $1,539,857.34 for the Williams Avenue South and Wells Avenue South Conversion Project. MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolution: a) Resolution No. 4410: A resolution was read providing for meetings and public hearings of the City Council, Council Committees, all City Boards and Commissions, and Hearing Examiner hearings to be held electronically due to the Covid‐19 public health emergency. MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinance for second and final reading: AGENDA ITEM #6. a) June 15, 2020 REGULAR COUNCIL MEETING MINUTES b) Ordinance No. 5972: An ordinance was read authorizing an additional sales and use tax for affordable and supportive housing in accordance with Substitute House Bill 1406 (Chapter 338, Laws of 2019; RCW 82.14.540), amending sections 5‐10‐1 and 5‐10‐2 of the Renton Municipal Code, providing for severability, and establishing an effective date. MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. Councilmember Vǎn began to make a motion regarding creating a Black Lives Matter mural on a city road, however, Mayor Pavone clarified that the Administration had received the request from a community member last week and was currently reviewing the issue. He stated that a response is forthcoming. ADJOURNMENT MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME: 7:47 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 15 Jun 2020 AGENDA ITEM #6. a) Council Committee Meeting Calendar June 15, 2020 June 22, 2020 Monday 3:00 PM Finance Committee, Chair Prince – VIDEOCONFERENCE 1. WSDOT Grant Funds 2. Community Development Block Grant Funds 3. Renewal of City’s Property Insurance 4. Vouchers 4:15 PM Planning & Development Committee, Chair Corman – VIDEOCONFERENCE 1. Docket #15 2. Emerging Issues in CED 5:30 PM Committee of the Whole, Chair Pérez – VIDEOCONFERENCE 1. Ending Structural Racism & Achieving Racial Equity 7:00 PM City Council Meeting - VIDEOCONFERENCE AGENDA ITEM #6. a) AB - 2660 City Council Regular Meeting - 22 Jun 2020 SUBJECT/TITLE: Proposed Graves Annexation: A-19-001 RECOMMENDED ACTION: Council Concur; Set Public Hearing on XX/XX/XXXX DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: Savanah Nagorski, petitioner, submitted a 10% Notice of Intent to Petition for Annexation on November 19, 2019. Council held a public meeting on January 13, 2020 to consider this petition, and at that meeting accepted the petition and authorized circulation of a 60% Petition to Annex. The petitioner submitted a 60% Petition to Annex on April 15, 2020 which CED subsequently forwarded to King County to verify the sufficiency of the signatures. King County verified the sufficiency of the signatures on May 26, 2020. Therefore, staff is recommending a Public Hearing be set on July 6, 2020 to consider the 60% Petition to Annex for the proposed Graves Annexation. The proposed Graves Annexation is approximately 21.9 acres bordered to the north by NE 4th St/SE 128th St, to the east by SE 156th St, to the west by 162nd Ave SE, and to the south by parcel lines and SE 130th St (if extended). EXHIBITS: A. 60% Petition B. King County Certification Letter STAFF RECOMMENDATION: Set July 6, 2020 as a Public Hearing to consider the proposed Graves Annexation. AGENDA ITEM #6. b) FIED‘A H £|'k|' EOFVltsIWg1 W JUNI1 95 sae'é’:*1".'%&‘$'7:"rne nxnunu ' one can or nu In-ntnuxor T IIII-Illalb Ef?lllll IIIII-I LII!ID Fllfl?lll mum:to tha pt-millions I51 0.090 at theonLinitcdPartnershipA,the loving AnandneninituPu-tn ship orevich auhnnt. Lxxx?ag:nan:at racord unitedRibera-Balk rpri ea nntly Puztnc 33219.:2 The Oortltioatn Lin nrtnanfiledwiththeIV:Sawoeury 0 mm combat nlaminen narship as d 1:u tag!I nnndcd Inparruntwoto3-The Inn.andcalAndnailingaddressorthe I docunnn hereby exccut 6 under 1:uotheha2'my knoulsdge tuna and at 1.UU1auw./.1/Luuw mun U1’-JU l?l C E E O L"; to E.II‘!1.can 1-: u I 1-I 3 U. L'- . Pm:at 25.1 3-;wishingt ct tol t to athecertificateofLor15hedfor‘Efiling. The of the partnership isTheoante3Limitedrahip. :original of itod P hipvanahington1stonDo23,1991.’ :Tha-t to the certificate of LimitedPartadoptsfollows: Pa aph 3 1 to,decr so the number or thegeneraltnero1one,3 follows: 3.the 96°97-'IPh1 general partner 1 as follows: Diana Lee Rihera 13740 5.2.246th Kent,Washington 98042 This t is e enalti of perjury,and is,t at o .corre . Dated thi _r_7é.doy of , 1995. PARTNER: I5|Gl?.A)DIl.9.95 Qe6I! 1o/90 U000'0S1:[~:»n£0009 ~ AGENDA ITEM #6. b) .STAT:nFFI'»\ $AEg;.mu;;1- ON DEC23 1991 _...u_PH Mum“"”F”Rvoo=Sgnr Name of Limited Partnershig Office and Agent »0 CERTIFICATE OF LIMITED PARTNERSHIP OF RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP This Certificate of Limited Partnership of is made by the undersigned pursuant to Section 25.10 of the Revised Code of Washington ("RCW"). 1..The name of the limited partnership is Ribera-Balko Enterprises Family Limited Partnership. 2..The address of the office for records required by RCW 25.10.050 to be maintained is: 13740 S.E.246th Kent,Washington 98042 The name and address of the agent for service of process appointed pursuant to RCW 25.10.040 are: Diana Lee Ribera 13740 S.E.246th Kent,Washington 98042 3.General Partners.The name and the geographic and mailing addresses of the general partners are as follows: Henry J.Balko (P.O.Box 68562) 303 S.104th Seattle,Washington 98168 Diana Lee Ribera 13740 S.E.246th Kent,Washington 98042 4.Dissolution.The latest date upon which the limited partnership is to dissolve is December 31,2041. Executed in duplicate as of the /'6 day of December,1991. GENERAL PARTNERS: HENRY J. D ANA LEE RI Ribera-Batko/certificate of Limited Partnership smmlnn Page 2 of 2 AGENDA ITEM #6. b) Diana ibera (R")hereby sents to agent e state Washington R1bera—B y Limi artners (the "Part ship"). om any process,tice,or demand required or permitt served upon th artnership may be served,and that responsibility DLR to immediately notify the Offi he event of DLR's resignation 4.“ L CONSENT To APPOINTMENT as REGISTERED AGENT (Pursuant to RCW 25.10.040) Lee R "DL can serve as regis- tered in th of for alko Enterprises Famil ted P hip ner DLR understands that,as such registered agent,DLR will be agent of the Partner- ship upon wh no ed by law to be e P it will be the of ce of the Secretary of State in t as agent or of a change in its address. /I DATED as of the gé"day of D LEE Address:246th Kent,Washington 98042 Ribera-Batko/consent to Appointment as Registered Agent 50483.H38 AGENDA ITEM #6. b) APP I,SAM REED,Secretary ofState ofthe State ofWashingtonand custodian ofits seal, hereby issue this CERTIFICATEOF FORMATION 2001 STROHSCHEINFAMILY,L.L.C. Limited Liability Company ?led for record in this of?ce on the date indicated below UBI Number:602 123 359 Date:May 24,2001 Given under my hand and the Sealofthe State ofWashingtonat Olympia,the State Capital 1889 "f AGENDA ITEM #6. b) WW ERTIFI F ORMATIO of in F mily L The address ORIGINAL 5% 1; EDsrm:n1§a'u"'"won C CATE O F N MAY2‘:211111 ,19022133559 2001 St h h L C SECRETARYOF STATE['0 Sc e a ,..0 .For the purpose of forming a limited liability company under the Washington Limited Liability Act (RCW Ch.25.15 et seq.),the undersigned have signed and filed this Certi?cate of Formation. Item (:1)Name:The name of the limited liability company is: 2001 StrohscheinFamily,L.L.C. Item (b)Registered Office and Agent:of the registered of?ce and the name of the registered agent is: Donald A.Strohschein 14715 SE 145"‘P1. Renton,WA 98059 Item (c)Business Address:The address of the principal place of business of the limited liability company is: 14715 SE 145"‘P1. Renton,WA 98059 Item (d)Term:The latest date on which the limited liability company is to dissolve is December 1, 2099. Item (e)Management:Management of the limitedliability company is vested in one or more manag- ers. Item (1)Founders:The name and address of the person executing this certi?cate of formationis: Donald A.Strohschein 14715 SE 145"‘P1. Renton,WA 98059 Certi?cate of Formation Page -1 \\Tncsl\company\CLlENTS\Slmhschein\LLC.cert.forrn.wpd #901-IOEIEE/E0-H3340IM3/173/50"9 BT96“699293-I033/#3/S0Hill"9!WP!I90 AGENDA ITEM #6. b) Eaxecuted A , STROHSCHEIN Suohscineins E Q23!I Page -2 \\1'aunm-nnanyu: 4-46.1W .Item(g)Effective Date:This Certi?cate will be effective upon ?ling. this §5_day of M 2001. A DONALDA.Ewc?m CONSENT TO APPOINTMENT AS REGISTERED AGENT Donald A.Strohschein hereby consents to serve as Registered Agent in the State of Washington for the above named limited liability company.He understandsthat as agent for the limited liability com- pany,it will be his responsibility to accept Service of Process on behalf of the limited liability company; to forward license‘renewals and other mail to the limited liability company;and to immediately notify the Secretary of State in the event of his resignation or of any changes in the RegisteredOffice address. Donald A.(Date) Certi?cate of Formation LlENTS\SImhschein\LLC.cert.forrn.wpd AGENDA ITEM #6. b) bbimtp cons1derat1or116f$I0.00 Fuvuiiy,1,—,.L.C., THE wasnt234 ALL IN JANETT‘ THEREQFRECORDED comgw 9“CoNVBYI=.DUN'D'i3R-AUDITOR'S wg_,sH{NGToN. Washmgton,7 When RecordedReturn To: DONALDA.STROHSCHEIN 14715SE 145'“P1. Renton,WA 98059 :mM°.=.:= 028::mo:ea:or aoz QUITCLAIMDEED THE GRANTORS,A.STROHSCHEINand JULIE A.STROHSCHEIN,husbandand wife, for and in and other valuableconslderatxon,convey and qu1t cla1mto the 2001 STROHSCHEIN a Washmgton LxmitedLiabihty Company,the followmg descnbedreal property,County of King,State of Washmgton,together with alt afte r acqmred title of the Grantors THE EAST 171 FEET OF FEET OF LOT(S)1,BLOCK 1,AND LOT(S) 7,8 AND 9,BLOCK 4 S RENTON BOULEVARDTRACTS, ACCORDINGTO THE PLAT IN VOLUME 17 OF PLATS, ,WASHINGTON;EXCEPTTHE NORTH TO KING COUNTYFOR ROAD FILE NO.5726494;SITUATE PAGE(S)60,RECORDSOF KING 12 FEET o1=SAID LOT(S)7,8 AND PURPOSESBY DEED RECORDED IN THE COUNTYOF KING,STATE OF Sxtuate 1n the County of Kmg,State of Tax ParcelNumber366450-0008-02. DATED I ‘ll DONALDA.STROI-ISCHEIN A.STROHSCHEIN QultClatm Deed Page -1 qunclalmIlcwpd AGENDA ITEM #6. b) D DRe 01808 0000 64 E2950119 S OIISCHEIN Instrument Number:20180830000364 ocument:QC c:$100.00 Page-i cord ate:8/30/2018 10:37 A ng County,WA |‘-8 AFTER RECORDING RETURNTO:I H“ Donald and Julie Strohschein 2 3 3 14715 SE 145"‘P1.,‘§‘,“,,',I,‘,§:;",'}“,:',’,E§‘,’“Rec:5100-00 Renton,WA 98059 KING cOI.|N1'Y.WA EXCISETAX AFFIDAVITS molzom 10:37 AMKINGcoumv.WA Tux Amount:81o.00 Grantors:DONALD a_ndV7vit7*._- Grantee:2001 ,LLC_ Property Address:12924 158"‘WA 98059 Tax Parcel No.:366450-0009 QUIT DEED THE GRANTORS,DONALDA.STROHSCHEIN STROHSCHEIN,husbandandwife,for $10 and other good and valuable consideration,quit claim to the 2001 STROHSCHEIN FAMILY,LLC,a Washington Limited Liability following described real property, situated in the County of King,State of Washington,with all a?er acquired title of the Grantors therein: The South 133 Feet of the West 63 Feet of Lot One,of Janett's Renton Boulevard Tracts,According to Plat Volume 17 of Plats,Page 60,in King County,Washington. Subject to:All easements,restrictions,reservations,and covenants of record,if any. Tax Parcel Number:366450-0009 DATED this 1+5‘day of U 2018. DONALDA. F A.STROHSCHEIN QuitClaim Deed Page 1 of 2 AGENDA ITEM #6. b) AGENDA ITEM #6. b) q?FHo GOVERNOR IDUAL ControllingInterest Transfer Return www.dor.wa.g0v/REET. nu www.sos.wa.g ov/cogs BOOKKEEPER@LOLLC.ORG Street Address: 12819 160TH AVENUE SE,RENTON,WA,98059,USA MailingAddress: 12819 160TH AVENUE SE,RENTON,WA,98059,USA GOVERNORS Title Type Entity Name First Name Last Name ALISON LARSSON GOVERNOR INDIVIDUAL LUKE PFEIFER GOVERNOR INDIVIDUAL CK NATURE OF BUSINESS RELIGIOUS EFFECTIVE DATE EffectiveDate: 02/28/2020 CONTROLLING INTEREST 1.Does your entity own real property such as land or buildings(including leaseholdinterests)in Washington? YES 2.As of January 1,2019,has there been a transfer of stock,other ?nancial interest change,or an option agreement exercisedthat resultedin a transfer of at least 16%percent interest in the entity? NO a.If “yes”,has the transfer of stock,other ?nancial interest change,or an optionagreement exercisedresulted in a transfer of controllinginterest (50 percent or greater)? NO 3.As of January I,2019,has an optionagreement been executedallowing for the future purchaseor acquisitionof the entity? NO You must report a IF:you answered "yes"to questions1 AND 2a. Failureto report a Controlling Interest Transfer is subjectto penaltyprovisionsof RCW 82.45.220. For more informationon Controlling Interest,visit RETURN ADDRESS FOR THIS FILING Attention: BOOKKEEPER Email: BOOKKEEPER@LOLLC.ORG Address: 12819 160TH AVE SE,RENTON,WA,98059-8519,USA This document is a publicrecord.For more informationvisit Work Order #2 20200223001214”-1 Received Date:02/28/2020 $10.00 AGENDA ITEM #6. b) EMAILOPT-IN ii By checkingthis box,I herebyopt into receivingall noti?cationsfrom the Secretary of State for this entityvia emailonly.I acknowledgethat I will no longer receivepaper noti?cations. AUTHORIZED PERSON Person Type: INDIVIDUAL First Name: ALISON Last Name: LARSSON Title: BOOKKEEPER ii This document is hereby executedunder penaltyof law and is to the best of my knowledge,true and correct. This document is a publicrecord.For more informationvisit Work Order #=20200228001214”-1 Received Date:02/28/2020 $10.00 AGENDA ITEM #6. b) H90§D SE Lgo?qif i$1v>z,0o~e Transaction #:71500359 Transaction date:02-20-2020 11:03:59 AM (PST) Property Tax Payment Receipt King County Treasury Paid by 500 4th Avenue #600 ‘ seatue,WA 93104-2340 Gem"""9"" (206)263_2890 12811 164th ave se renton,WA 98059 4253445077 ECH Check #*""'*********3389 Amount 145750005509 -2020 1st Half $4,529.08 Fee:$1.00 Grand Total:$4,530.08 AGENDA ITEM #6. b) ?FF\ Dlicdp?gn NI.'\\Scurrh i'r0pcrly Tux Bill Map This i'rupcrIy (iiuss‘.ir\of Tr:rn).\ Parcel 145750-0055 Name 16050 SE 130TH ST 98059 ..IResidentialAreaDistrict) Property Name Legal ADVERTISEMENT Area.Report Print i’rI>pcrI)i)cI:1ii PARCEL DATA Jurisdiction KING COUNTY Levy Code 6866 Property Type R Plat Block I Building Number 2 Plat Lot I Unit Number PORTION 2 Quarter-Section-Township NE_14_23_5 Range CEDAR PARK FIVE ACRE TRACTS W 80 FT OF E 150 FT OF S HALF OF LOT 2 BLK 2 PLat Block:2 Flat Lot:PORTION 2 Highest &Best Use As If Vacant SINGLE FAMILY Highest &Best Use As Improved PRESENT USE Present Use 3:1:/|§°';:r)“"y(Res Land SqFt 13,177 Acres }0.30 Views Rainier Territorial Olympics Cascades Seattle Skyline Puget Sound Lake Washington Lake Sammamish LakelRiverICreek Other View Designations Historic Site Current Use (none) Nbr Bldg Sites Adjacent to Golf Fairway NO Adjacent to Greenbelt NO Other Designation NO Deed Restrictions NO Development Rights Purchased NO Easements NO Native Growth Protection Easement NO DNR Lease NO Building Number 1 Year Built 2019 Year Renovated 0 Stories 2 Living Units 1 Grade 9 Better Grade Variant 0 Condition Average Percentage Unusable Unbuildable NO Restrictive Size Shape NO Zoning R4 Water WATER DISTRICT Sewerlseptic PRIVATE Road Access PUBLIC Parking Street Surface PAVED Waterfront Waterfront Location Waterfront Footage 0 Lot Depth Factor Waterfront Bank TideIShore Waterfront Restricted Access Waterfront Access Rights NO Poor Quality NO Proximity In?uence NO Nuisances Topography Traf?c Noise Airport Noise Power Lines NO Other Nuisances NO Problems Water Problems NO Transportation Concurrency NO Other Problems NO Environmental Environmental NO BUiLDiNG Picture of Building 1 AGENDA ITEM #6. b) za1a12n7non45_q 1 own 4 am Basement Grade 1st Floor 1,380 1/2 Floor 0 2nd Floor 1,870 Upper Floor 0 Finished Basement 0 Total Finlshed Area 3,250 Total Basement 0 Basement Garage 0 Un?nished 1/2 0 Un?nished Full 0 AGLA 3,250 Attached Garage 760 Bedrooms 3 Full Baths 2 Click the camera to see more ?oor plans. 33:’:2)plan of Building 1 a s Heat Source Gas LEGED _PNEEIJ M5750-I055 24- Heat System Forced Air ‘Wnusm “I 12' Deck Area SqFt 0 NAWMTE "um.40' Open Porch SqFt 220 Eva“; Enclosed Porch SqFt 0 FIEPLACE 1 (1ST uoi=i.ooizs Brick/Stone 0 3531 _________‘T. 12 Fireplace Single Story 1 ISTFL 4%,"— Fireplace Muilti Story 0 "2 FL ---2°. Fireplace Free Standing 0 an“-1—— Fireplace Additional 0 am "2 Addnlcost 0 Ill-‘ll FILL _—: Obsolescence 0 “'1.“R Net Condition 0 "1 up TWSF 2 Percentage Complete 0 CAIIPORT ________ Daylight Basement oireiieoiicii ‘.“2“.‘1E‘!‘F View Utilization 959 Paw" IECK TAX ROLL HISTORY .Taxable TaxableAppraisedAppraisedAppraisedNew Tax Account V$::dYTE;$22:Egg Land Imps Total Dollars 5:3:\l;:|::Value Value (5)Value (S)Value (5)(5)(S)(5)son 145750005509 2019 2020 6866 186,000 533,000 719,000 562,000 186,000 719,000 145750005509 2013 2019 6866 186,000 0 186,000 0 186,000 145750005509 2017 2018 6866 159,000 0 159,000 0 159,000 0 159,000 145750005509 2016 2017 6867 130,000 0 130,000 120,000 130,000 0 130,000 145750005509 2015 2016 6867 65,000 0 65,000 0 65,000 0 65,000 SALES HISTORY Excise Recording Document .Sale Number Number Date Sale Price Seller Name Buyer Name Instrument Reason HIGHLAND MELKI .. 2965194 12/6/2018 $0.00 AUTO INC GEBRAN Quit Claim Deed Other TATINENI HIGHLAND Statutory 2810591 6/10/2017 $90,000.00 VIDYA AUTO WC Warranty Deed None REVIEW HISTORY Tax Review Appealed Hearing settlement . Year Number Revlaw Type Value Date Value Demslon status 2020 R273205 Review '$0 1/1/1900 $0 Completed Assessment PERMIT HISTORY Permit Permit Issuing Reviewed Number Permit Description Type Issue Date value Jurisdiction Date DWEL17-CONSTRUCT 2-STORY SINGLE FAMILY Building,12/21/2017 $398,469 KING 8/22/2019 0326 RESIDENCE (3 BDRM)WITH ATTACHED New COUNTY GARAGE AND COVERED PORCHES, 12' Taxable Total Value AGENDA ITEM #6. b) Allen Nicholson 11100 Main St.St 200 Bellevue WA 98004 42 S 68 1~0O50 AGENDA ITEM #6. b) .3//7/2o Graves Annexation 60%Direct Petition to Annex WARNING:Every person who signs this petition with any other than his or her true name,or who knowingly signs more than one of these petitions,or signs a petition seeking an election when he or she is not a legal voter,or signs a petition when he or she is otherwise not qualified to sign,or who makes herein any false statement,shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical formas the same that appear on record in the chain of title to the real estate.) Date 9 5Z'a‘O’5© 10. Signature and Printed Name Bedell,Roger G.Jr R Balko Enterprises Wade,Mark A &Amy E Larry L Wade,Janet &Carl Daley,Daniel A Becker,Peter S Graves,Buford L "I Mandavilli,Adinarayana &Radh Mailing Address 4470 238TH PL SE Issaquah,WA 97029 16400 SOUTHCENTERPKWY STE308 Seattle,WA 98188 16027 SE 128TH Street Renton,WA 98059 PO Box 3063 Renton,WA 98056 12823 162"“Ave SE Renton,WA 98059 16040 SE 130TH Street Renton,WA 98059 9026 9”‘Ave NW Seattle,WA 98117 12826 160”‘Ave SE Renton,WA 98059 12924 160”‘Ave SE Renton,WA 93059 Tax Lot Legal No. Description (Lot,Bloc,Plat,Assessor's No.or other) APN 1457500043 12817 162"“Ave SE APN 1457500044 CEDAR PARK FIVE—ACRE TRS W 250 FT LESSST Block 2 L0t1 APN 1457500045 16027 SE 128"‘St APN 1457500046 16055 SE 128"‘St APN 1457500047 12823 162”"Ave SE APN 1457500048 16040 SE 130"‘St APN 1457500049 16030 SE 130“St APN 1457500050 12836 160“Ave SE APN 1457500051 12924 160“St SE APN 1457500053 12857 162"”Ave SE 07////Z020’ ?nxx?d.& ,//—:1_<; 5,A020 V‘H .12-»‘/03 11853-IL}.AVE SE ‘E \1_~u1':nu.Lu A ‘[8059 V‘ 1*;- AGENDA ITEM #6. b) *21<¢.»éz/hi’23.. /:2 72 m¢:WM Martin,Henry R &EliznbethmII /20 A ‘zD1—x;gWo‘1sWeirhFae1i|y ‘L061 _ IvZ0-ITS!”hei (L'%?W n of Life 4 %/&@ Date 12 13 14. 15 16. 17 18 2 =10’ 19 Page 3 of 3 Signature and Printed Name Elwell,Robert &Carlson,Patricia Speer,Boyd K &Vicki rohsc n Fam Lord Lutheran Church Martin,Henry R &Elizabeth Ellifrits,Kevin elki,Gerba-n?-4 do ma/1 Mailing Address 16020 SE 130"‘Street Renton,WA 98056 12914 158"‘Ave SE Renton,WA 98056 15817 SE 128"Street Renton,WA 98059 14715 SE 145"‘Place Renton,WA 98059 14715 SE 145"Place Renton,WA 98059 12819 160"‘Ave SE enton,WA 98059 15817 SE 128“‘Street Renton,WA 98059 15801 SE 128"Street Renton,WA 98059 16050 SE 130"Street Renton,WA 98059 Tax Lot Legal No. Description (Lot,Bloc,Plat,Assessor's No.or other) APN 1457500054 16020 SE 130“‘St APN 3664500006 12914 158“‘Ave SE APN 3664500007 JANETTS RENTON BLVD TRS E 57 FT OF W 291 FT Block 1 Lot 1 APN 3664500008 15815 SE 128"St APN 3664500009 12924 158“‘Ave SE APN 3664500320 12819 160"Ave SE APN 3664500330 15817 SE 128"St APN 3664500338 15801 SE 128“‘St APN 1457500055 16050 SE 130“‘St W/M a/N wi- Z/.?/M z/// 200 AGENDA ITEM #6. b) ..I_I—-I.-I.—-I |.—.-I-.rI I51-II‘:-I%'—ET|.-.---I ?.d.r -'--'-'-""1".'rI'|-I.-L-I ...-..-_j.l-I--I-.|Z'lf-I'IJ'IuI'lk-‘-' g-.q,I.-.:—I.|ll-I.I-I'|."'|—-'. I?hI:—I-EEf—u_nHfE I'FuIEIu -I-I -'I-.lI-JH.&'r'|.Ii-|.l|---'-''—'-V-"r:é.I.j.-H- _—I.Jf‘ZuI"'l'I‘J'I-I‘.I'fIZ qq—.rI|I '-.hhh—LHE; I II -:|.rj-1.%j'-—rIrI-I.r —'-I I ‘I-'-I'I'I':'I'h _|.J—_-I r-In-I--.|' -'JI.'I'I-IIl'I'Irri- JfI"'-'I'I- 'h?.l_I..I-:'-—-'l -.-.Il-Hr..-III‘-I. I-.Il-.-*l'I'——"f.E _q...—'*3__£_|_.._|-uni-.;.pg-.' jl-'---'-I‘-|'-5 -1-:IuIJ.'I-‘I -'l-Eli?h -I-—-'- ..-I.-I.|...l.| .:I._._-.a.—-pl-I-Iliap-.rI—I.‘II-I""h mil I I'I-'I'I-?ll. GRAVESANNEXATION That portion of the Northeast quarter of Section 14,Township 23 North,Range 05 East,W.M.and the Southeast quarter of Section 11,Township 23 North,Range 05 East,W.M in King County,Washington described as follows: Beginning at the northeast corner of the KendallAnnexation per City of Renton Ordinance No.5552, also being a point on the north margin of NE 4"‘Street as known as SE 128"‘Street; Thence south along the east line of said City limits to the northwest corner of Lot 1,Block 1 ofJanett’s Renton Boulevard Tracts,as per plat recorded in Volume 17,Page 60; Thence west along the south line of said City limits to the northeast corner of Lot 1,Block 2 of said Janett's Renton Boulevard Tracts; Thence south leaving said City limits along the west margin of 158"‘Avenue SE to the southeast corner of said Lot 1,Block 2; Thence east to the southeast corner of said Lot 1,Block 1 ofJanett’s Renton Boulevard Tracts; Thence south along the west margin of 160"‘Avenue SE to a point being the westerly extension of the southerly margin of SE 130"‘Street; Thence east along said extension and said margin to the easterly extension of said SE 130"‘Street and the intersection with the east line of Lot 7,Block 3A of Hendrickson’s Heights Addition No.2,as per plat recorded in Volume 63,Page 63; Thence north along the west line of said plat,also being the easterly margin of 162""Avenue SE,to the northerly extension ofthe westerly margin of 162""Avenue SE and the intersection with the northerly margin of SE 128"‘Street,also being a point on the south line of Tract A of Coalfield Crossing,as per plat recorded in Volume 185,Page 72; Thence west along the south line of said Tract A to westerly extension of said Tract A and the intersection with the westerly margin of 160"‘Avenue SE; Thence south along said westerly margin of 160"Avenue SE to the northerly margin of SE 128"‘Street; Thence west along said northerly margin to the point of beginning. 01-0385 AGENDA ITEM #6. b) v.AnnexationBoundaryParcels1:041Fee: cs :9._ <( E .9._ 0 Xcu C C <( 1CityLimitsr_:'3'3‘3*%9 O §“i9?$¥ 32 ‘:6 if45%0oz0»4%‘$3300$00000%%%%ig?g?b..§§9.W AAAA ‘ gaiiihwmva -s-3 Access Rd E«mmWW I I I I I I J I I I I I I, E?nmz EM3/\\1 EIUJPIE A _l..,l I-l.m_......I$zl EEmaum»um3~>:n.I Euamamm IT.-mI:.m§ImH.m_m. -L......s_ 7.,WWIIll.- .xuu. D.U.?vxVVW _ OM15W”..Av% 45.53 __ cw. _ EM _ .0W _ 1 _ IIIII IIIII...‘{..mI£w~$w I 5;#~$m Mm N Nu D. >.E:oUm:_v__omto._oo_._ou:_:D is‘915‘92 as anv mast as .3'\Vuisst umée?.mm I.m,__#~IE_m: _. I...ILmm...mm.H,mmI. AGENDA ITEM #6. b) l PETITIONTO ANNEXTO THE CITYOF RENTON UNDER RCW 35A.14.120 (60%Petition —Graves Annexation)Pr°p°"e"t:--:———-—-«LNi°h°'5°” Address:11100 Main St.St 200 Bellevue,WA 98004 Phone #:(425)681-0050 TO:THE CITYCOUNCILOF THECITYOF RENTON 1055 South Grady Way,Renton,WA 98057 The undersigned are owners of not less than sixty percent (60%)in value according to the assessed valuation for general taxation,of real property located contiguous to the City of Renton.We hereby petition that such property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County,Washington,and is contiguous to the City of Renton.A map (Exhibit 1)and legal description (Exhibit 2)are included as part of this petition. in response to a duly filed and considered "Notice of lntention"to commence annexation proceedings,the City Council of the City of Renton met with the initiating parties under RCW 35A.14.120.The City Council then determined that the City would accept the proposed annexation.Further,pursuant to RCW 35A.14.120,the undersigned petitioners agree to: (1)Accept the City's simultaneous adoption of zoning regulations for the subject property; (2)Accept the City's Comprehensive Plan designations as they affect the subject property;and (3)Assume their proportional share of the City's pre-existing outstanding indebtedness. all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE,the undersigned property owners petition the City Council and ask: (a)That the City Council fix a date for a public hearing about such proposed annexation,cause a notice to be published and posted, specifying the time and place of such hearing,and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions;and (b)That following such hearing,and consistent with any approval by the Boundary Review Board,the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington,subject to its laws and ordinances then and thereafter in force,and to receive City public services. This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton,Washington as above stated, and may be filed with other pages containing additional signatures. AGENDA ITEM #6. b) Graves Annexation 60%Direct Petition to Annex WARNING:Every person who signs this petition with any other than his or her true name,or who knowingly signs more than one of these petitions,or signs a petition seeking an election when he or she is not a legal voter,or signs a petition when he or she is otherwise not qualified to sign,or who makes herein any falsestatement,shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names ofpetitioners should be in identical formas the same that appear on record in the chain of title to the real estate.) Mailing Address Signature and Printed Name 4470 238TH PL SE$48: Tax Lot Legal No.1 Description (Lot,Bloc,Plat.Assessor‘:No.or other) APN 1457500043 1_9/3010 lssaquah,WA 97029 12817 162""Ave 55 Bedell,Roger G.Jr.I ‘—T "T-i-{I- 16400 SOUTHCENTERPKWY APN 1457500044 2_ STE308 CEDARPARKFlVE~ACRE Ribera-BalkoEnterprises Seattle.WA 98133 TR5 W 250 FT L555 5T Block 2 Lotl 16027 SE 128TH Street ’APN 1457500045 1 3_Renton,WA 98059 15027 SE 128“st Wade,Mark A &Amy ELe+1PO Box 3063 APN 1457500046 4_‘.3//7/20 Renton,WA 98056 16055 sE 123"“st Se wick,Larry L 12823 162""Ave SE APN 1457500047 5,Renton,WA 98059 12823 152“Ave SE Wade,Janet &Carl 2 ,//'16040 SE 130TH Street APN 1457500048 5_-*Renton,WA 98059 15040 55 130*‘st Daley,Daniel A a—- 9026 9"‘Ave NW APN 1457500049 7_Seattle,WA 98117 16030 SE 130"‘St Becker,Peter S (L ,.F2826160“Ave SE APN 1457500050 3.//16 Renton,WA 98059 12836 160“Ave ss "7 Graves,Buford L 3‘ab Mnd L x 12924 160"‘Ave SE APN 1457500051 0 '‘““Rent WA 98059 12 th SE 9 8 Melki,Micheline °"’924 16°5‘ (Fillion,SR Lawerence D &Tracy)L v«[\}>¢l»—r-/t/V"..1 M3 APN 1457500053 10-‘ 1o Li‘R020 A '7‘2’Rento?7~W~I1r98955°1r'W""‘12857 162"‘Ave SE 25 3,142.-ea.Ave 52W. AGENDA ITEM #6. b) Page 3 of 3 Signature and Printed Name -......—..—.M'l'fin! 1 L-/7 I ”77_ Lordof Life ei Fa‘ Mailing Address 16020 SE 130"‘Street Renton,WA 98056 12914 158“‘Ave SE Renton,WA 98056 15817 SE 128“‘Street Renton,WA 98059 Tax Lot Legal No. Description (lot,Bioc,Plat,Assessor‘:No.or other) APN 1457500054 16020 SE 130“‘St APN 3664500006 12914 158“‘Ave SE APN 3664500007 JANETTSRENTONBLVD TRS E 57 FT OF W 291 FT Block1 Lot 1 ‘j th g '7 __ 14715 SE 145 Place ,.,I Renton,WA 98059 14715 SE 145*“Place Renton,WA 98059 12819 160“‘Ave SE genton,WA 98059 15817 SE 128“‘Street Renton,WA 98059 15801 SE 128“‘Street Renton,WA 98059 16050 SE 130“‘Street Renton,WA 98059 APN 3664500008 15815 SE 128“‘St APN 3664500009 12924 158“‘Ave SE APN 3664500320 12819 160“‘Ave SE APN 3664500330 15817 sE 128“‘St APN 3664500338 15801 SE 128"‘St APN 1457500055 16050 SE 130“'St AGENDA ITEM #6. b) GRAVESANNEXATION That portion of the Northeast quarter of Section 14,Township 23 North,Range 05 East,W.M.and the Southeast quarter of Section 11,Township 23 North,Range 05 East,W.M in King County,Washington describedas follows: Beginning at the northeast corner of the KendallAnnexation per City of Renton Ordinance No.5552, also being a point on the north margin of NE 4"‘Street as known as SE 128"‘Street; Thence south along the east line of said City limits to the northwest corner of Lot 1,Block 1 of Janett’s Renton Boulevard Tracts,as per plat recorded in Volume 17,Page 60; Thence west along the south line of said City limits to the northeast corner of Lot 1,Block 2 of said Janett’s Renton BoulevardTracts; Thence south leaving said City limits along the west margin of 158"‘Avenue SE to the southeast corner of said Lot 1,Block 2; Thence east to the southeast corner of said Lot 1,Block 1 of Janett’s Renton BoulevardTracts; Thence south along the west margin of 160"‘Avenue SE to a point being the westerly extension of the southerly margin of SE 130"‘Street; Thence east along said extension and said margin to the easterly extension of said SE 130"‘Street and the intersection with the east line of Lot 7,Block3A of Hendrickson’sHeights Addition No.2,as per plat recorded in Volu me 63,Page 63; Thence north along the west line of said plat,also being the easterly margin of 162"“Avenue SE,to the northerly extension ofthe westerly margin of 162"”Avenue SE and the intersection with the northerly margin of SE 128"‘Street,also being a point on the south line of Tract A of CoalfieldCrossing,as per plat recorded in Volume 185,Page 72; Thence west along the south line of said Tract A to westerly extension of said Tract A and the intersection with the westerly margin of 160"‘Avenue SE; Thence south along said westerly margin of 160"‘Avenue SE to the northerly margin of SE 128‘*‘Street; Thence west along said northerly margin to the point of beginning. LND 01~O385 AGENDA ITEM #6. b) .m?aw»é.um.§=:,m..rmmSt:ma *1:3%Sr 1541??’AVESE C:§no_..oo_,Q.2wo_5.6005.3. ?ijijjijjjijjjfi 155th Ave SE 156th’Ave SE Private Rd pg ssaaav -mmH~m=..m.,7‘-couoooooo9wvaw» «.0099%» .»«§. v‘No 3”anvMopauf» 165th Ave SE 1'§53thAve 5: 160th Ave 55 ‘mm.3Hn.m.., A.1..1III...._<u8an‘mm53:. I Shadow Ave NE ve ||l|l..lll|.|l _mzmunz ZmMRMn— mm25m. AGENDA ITEM #6. b) Instrument Number:20180809001183 D0cument:WD Rec:$103.00 Page-1 Record Date:8/9/2018 4:12 PM King County,WA TICORTITLECs? 7008’751! When recorded return to: lllllllllllllllllllll lllllllllllllllllllll lllllllllllllllll! 0 20180809001183 WARRANTYDEED Rec:$103.01: am/2019 4:12 PM KING COUNTY.WA Filed for Record at Request of Curtis,Casteel &Palmer ,PLLC Escrow Number:Cl800714JB Statutory Warranty Deed THE GRANTORS Lawren and in consideration of TEN D hand paid,conveys and warrants to M described real estate,situated in the ' on,Sr.and Tracy A.Fillion,as their respective separate estates for ‘RS AND OTHER GOOD AND VALUABLE CONSIDERATION in J line Melki,a married woman,as her separate estate the following ,ofKing,State ofwashington Abbreviated Legal: PTN LT 2,BLK2,CEDAR PARK FIV TRACTS Tax Parcel Number(s):145750005103 ‘ THAT PORTION OF THE SOUTH HAL O _2,BLOCK 2,CEDAR PARK FIVEACRE TRACTS, ACCORDING TO THE PLAT THEREOF,R ORDED IN VOLUME 15 OF PLATS,‘PAGE91,IN KING COUNTY,WASHINGTON,DESCRIBED AS L’ws: BEGINNING AT NORTHWEST CORNER OFISAI UTH HALF; THENCE SOUTH 88°14'35"EAST ALONG THE 1 0 TH LINETHEREOF 145.00 FEET; THENCE SOUTH 1°‘l6‘19"EAST TO THE SOUTH OF SAID LOT 2; THENCE WESTERLY ALONG SAID SOUTH LIN HE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 1°18'25“TO THE POINT OF BEG . SITUATE IN THE COUNTY OF KING,STATE OF WASHIN Subject to:Covenants,conditions and restrictionsof record,as attach andmade a part hereof by Exhibit “A" Dated August 6,2018 - Lawrence D.Fillion,Sr. E2946612 EXCISE TAXAFFIDAVITS 8/9/2018 4:12 PM KING COUNTY,WA selling Prh:e:$387,00D.00 Tax Amount:$8,8e3.B0 STATE OF Washington ) LPB 10-05(i-l) Page I of 2 AGENDA ITEM #6. b) Instrument Number:20180809001183 D0cument:WD Rec:$103.00 Page-2 Record Date:8/9/2018 4:12 PM King County,WA =COUNTYor M-"D )ss: :I certify that I know or have satisfactory evidencethat Lawrence D.Fillion,Sr. i are the persons who appeared before me,and said persons acknowledged that he signed this instrument and acknowledge it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Dated: _ I _V..Notary Public i nd fo the State of Washington KEITHP03 Residing at '1 NOTARYPUBUC#175834 My appointment expires:' sure or WASHINGTON :COMMISSIONEXPIRES MARCH9.2019 .\...\.\.\....~...\....e»“\~~. STATE OF Washin on COUNTY OF I certify that I know or have satisfactory ide '_ethat Tracy A.Fillion are the persons who appeared before me,and a signed this instrument and acknowledge it to be uses and purposes mentionedin this instrumen acknowledged that she free and voluntary act for the Dated: c in and for the State of Washington AGENDA ITEM #6. b) Instrument Number:20180809001183 D0cument:WD Rec:$103.00 Page-3 Record Date:8/9/2018 4:12 PM King County,WA When recorded return to: Micheline"Melki 12811 164th Ave.SE Renton,WA 98059 Filed for Record at Request of Curtis,Casteel &Palmer ,PLLC Escrow Number:C1800714JB Statutory Warranty Deed THE GRANTORS Lawren Fillion,Sr.and Tracy A.Fillion,as their respective separate estates for and in consideration of TEN ARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid,conveys and warran to__MichelineMelki,a married woman,as her separate estate the following described real estate,situated in th COnty of King,State of Washington V Abbreviated Legal: PTN LT 2,BLK2,CEDAR PARK F CRE TRACTS Tax Parcel Number(s):145750005103 THAT PORTION OF THE SOUTH HAL O A .2,BLOCK 2,CEDAR PARK FIVEACRE TRACTS, ACCORDING TO THE PLAT THEREOF,R ORDED IN VOLUME 15 OF PLATS,PAGE 91.lN KING COUNTY,WASHINGTON,DESCRIBED LOWS: BEGINNING AT NORTHWEST CORNER OF D SOUTH HALF; THENCE SOUTH 33°14'35"EAST ALONG T E ‘RTHLINE THEREOF 145.00 FEET; THENCE SOUTH 1°15'19"EAST TO THE SOU NEOF SAID LOT 2; THENCE WESTERLY ALONG SAID SOUTH LIN E SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 1"18'25"TO THE POINT OF BEG SlTUATE IN THE COUNTY OF KING,STATE OF wA__GTON. Subject to:Covenants,conditions and restrictions of record,as attache ereto made a part hereof by Exhibit “A” Dated August 6,2018 Lawrence D.Fillion,Sr. LPB 10-05(i-1) Page I of 2 AGENDA ITEM #6. b) Instrument Number:20180809001183 D0cument:WD Rec:$103.00 Page-4 Record Date:8/9/2018 4:12 PM King County,WA STATE OF Washington 5 COUNTY OF 9 SS: I certify that I know or have satisfactory evidence that Lawrence D.Fillion,Sr. are the persons who appeared before me,and said persons acknowledged that he signed this instrument and acknowledge it to be his free and voluntary act for the uses and purposes mentionedin this instrument. Dated: Notary Public in and for the State of Washington ' Residing at My appointment expires: STATE OF Washin ton COUNTY OF g 2 ?g” I ‘certifythat I know or have satisfactory evid are the persons who appeared before me,and sat pe signed this instrument and acknowledge it to be uses and purposes ntio d in this instrument. Dated: ,_ R an or the StatzffWashin-ton ''0%! My appointment expires: AGENDA ITEM #6. b) Instrument Number:20180809001183 D0cument:WD Rec:$103.00 Page-5 Record Date:8/9/2018 4:12 PM King County,WA 4 ., EXHIBIT “A” Covenants.conditions,restrictions,recitals,reservations,easements,easement provisions,dedications,building setback lines,notes,statements.and other matters,if any,but omitting any covenants or restrictions,if any, including but not limited to those based upon race,color,religion.sex.sexual orientation,familial status,marital status,disability,handicap,national origin,ancestry,or source of income,as set forth in applicable state or federal laws,except to the extent that said oovenant or restriction is pennitted by applicable law,as set forth on the Plat of Cedar Park Five Acre Tracts: RecordingNo: AGENDA ITEM #6. b) K9 King County Department of Assessments Accounting Division J0hn WilS0n 500 Fourth Avenue,ADM-AS-0725 Seattle,WA 98104-2384 'Assessor (206)263-2381 FAX (206)296-0106 Email:assessor.info@kingcounty.gov httpzf/www.kingvcounty,v<wfas5:es2;orf ANNEXATIONPETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted April 22,2020 to the King County Department of Assessments by Angie Mathias,Long Range Planning Manager,City of Renton,supporting the annexation to the City of A Renton of the properties described as the GravesAnnexation,has been examined,the property taxpayers,tax parcel numbers,and assessed Values of each property listed thereon carefully compared with the King County tax roll records,and as a result of such examination,found to be sufficient under the provisions of the Revised Code of Washington,Section 35A.01.O4O.‘ I The Department of Assessments has not verified that the signatures on the petition are valid through comparison with any record of actual signatures, nor that the signatures were obtained or submitted in an appropriate time- frame and this document does not certify such to be the case. Dated this 26thday of May,2020 JohnWilson,King County Assessor AGENDA ITEM #6. b) AB - 2663 City Council Regular Meeting - 22 Jun 2020 SUBJECT/TITLE: Proposed City Clerk Division Re-organization RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: $17,051.21 for 2020 (absorbed by current professional services budget). Approximately $54,900 annually thereafter, also absorbed by current professional services budget. Net fiscal impact is $0. Also this request is FTE Neutral. To emphasize, this re-org request is not being funded by salary savings from the division's vacant position. SUMMARY OF ACTION: The City Clerk Division reorganized at the end of 2017. The City Clerk has spent the past two and a half years analyzing the effectiveness of this reorganization. Although the reorganization provided some efficiencies and reduced some redundancies, additional changes are needed in order to fully capture the City Clerk's vision for fulfilling the many duties of the office. Therefore, the following changes are being requested: 1) Convert Assistant Public Records Officer (a20, Step E) to Deputy City Clerk/Pu blic Records Officer (m24, Step E); 2) Convert Public Records Specialist (a11) to Public Records Specialist (a17) (currently vacant); 3) Convert Enterprise Content Manager/Deputy City Clerk (m24, Step E) to Enterprise Content Manager (m27, Step E); and 4) Establish City Clerk Specialist series by converting City Clerk Specialists (x2) (a11, Step E) to City Clerk Specialist II (x2) (a15, Step E) The fiscal impact for 2020 is $17,051.21 (includes salary and benefits) which will be absorbed by the City Clerk Division's current professional services budget. Annually, the cost will be approximately $54,900 (includes salary and benefits) after the vacant position is filled, which will also be absorbed by the City Clerk Division's professional services budget. These additional costs are not being covered by the salary savings from the vacant position. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Approve the City Clerk Division reorganization as presented, with an effective date of 8/1/2020. AGENDA ITEM #6. c) ADMINISTRATIVE SERVICES DEPARTMENT M E M O R A N D U M DATE:June 22, 2020 TO:Ruth Pérez, Council President City Councilmembers VIA:Armondo Pavone, Mayor FROM: STAFF CONTACT Jan Hawn, ASD Administrator Jason Seth, City Clerk/Public Records Officer (ext. 6502) SUBJECT:City Clerk Division Reorganization ISSUE: Should the City Clerk Division implement reorganizational changes? RECOMMENDATION: Staff recommends approval to implement City Clerk Division reorganizational changes to include the following reclassifications, effective August 1, 2020: Assistant Public Records Officer (a20) to Deputy City Clerk/Public Records Officer (m24) Public Records Specialist (a11) to Public Records Specialist (a17) (currently vacant) Enterprise Content Manager/Deputy City Clerk (m24) to Enterprise Content Manager (m27) Establish City Clerk Specialist Series I (a11) and II (a15) (x2) BACKGROUND SUMMARY: The City Clerk Division reorganized at the end of 2017 after having been in the same organizational structure for more than 20 years. The City Clerk spent the past two and a half years analyzing the effectiveness of this reorganization. Although the reorganization provided some efficiency and reduced some redundancies, additional change is required in order to fully capture the City Clerk’s vision for fulfilling the many duties of the office. Therefore, the City Clerk is requesting to convert the Assistant Public Records Officer position to a Deputy City Clerk/Public Records Officer position and to modernize the Public Records Specialist positon. These conversions will create a manager that will oversee the City’s Public Records Request and Records and Information Management programs, and provide additional technical support for fulfilling public records requests. Additionally, the City Clerk is requesting to convert the Enterprise Content Manager/Deputy City Clerk position to an Enterprise Content Manager position to more effectively manage the technical issues involved in migrating the City’s paper legacy records and paper processes to digital work processes. Further, the City Clerk is requesting to establish a new series of City Clerk Specialist I and II in order to allow incumbents an opportunity to take on additional responsibilities and personal growth. AGENDA ITEM #6. c) Ruth Pérez, Council President Subject: City Clerk Division Reorganization Page 2 of 4 June 2020 The need for more oversight by dedicated managers is increasingly apparent. Allowing for two program managers affords the City Clerk an opportunity to more effectively manage personnel and work programs. The two managers will be able to plan, organize, improve, and oversee each position’s duties. These positions also allow additional capacity for more evaluation of staff by individuals who can mentor, coach, train, and provide professional development to subordinates. The two managers will also assist the City Clerk Division achieve its goals that support the City’s overarching business plan. The following changes are proposed: 1. Assistant Public Records Officer (a20) to Deputy City Clerk/Public Records Officer (m24) Management of the City’s general public records requests and reporting requirements, as well as managing the City’s overall Records and Information Management program has caused a need for additional, experienced assistance. A Deputy City Clerk/Public Records Officer will have the authority to effectively plan, organize and manage these vital City programs, as well as ensure high-level customer service to requestors. Converting this position will also more clearly represent how the City Clerk would like these programs to operate. This position will have direction supervision of the Public Records Specialist position. The essential functions are listed in the attached job description. 2. Public Records Specialist (a11) to Public Records Specialist (a17) Modernizing the Public Records Specialist position is necessary in order to provide the Deputy City Clerk/Public Records Officer with an employee who has the appropriate level of technical skill needed to fulfill public records requests. This position will receive and review public records requests, communicate with requestors for clarification when needed, collaborate with City staff to coordinate submission of records for responses to requestors, and will work closely with the Deputy City Clerk/Public Records Officer and the City Attorney to evaluate how and when to apply exemptions and redactions. The position will also assist the Deputy City Clerk/Public Records Officer with preparing and maintaining exemption logs and analyzing statistics needed to complete the annual Joint Legislative Audit Review Committee (JLARC) report. The primary focus of the position is to handle the daily operations of the public records request program, which includes providing technical analyses necessary to effectively maintain the program. The essential functions are listed in the attached job description 3. Enterprise Content Manager/Deputy City Clerk (m24) to Enterprise Content Manager (m27) Converting the Deputy City Clerk/Enterprise Content Manager is necessary due to the technical complexity involved in establishing, planning, designing, implementing, and managing the City’s enterprise content management system, currently Laserfiche. After evaluating the current status and implementation of Laserfiche, it became clear that this position requires an individual who has a broader information technology systems and project management background. The position researches, documents, recommends, and implements business system process improvements in order to automate departmental functions. This requires collaborating closely with internal and external customers in order to respond to customer AGENDA ITEM #6. c) Ruth Pérez, Council President Subject: City Clerk Division Reorganization Page 3 of 4 June 2020 service requests, and problematic software issues. The position will also be required to troubleshoot and develop solutions to support Laserfiche implementation city-wide. This position will continue to have direct supervision over the City Clerk Specialist positions. The essential functions are listed in the attached job description. 4. City Clerk Specialist (two positions) (a11) to City Clerk Specialist II (a15) The number and complexity of duties for the City Clerk Specialist positions have expanded dramatically. For instance, the technical expertise required to record a document with King County has increased substantially, but is just one example of changes in duties that, while essentially accomplish the same purpose, require a higher level of technological expertise than ever before. The complexity of supporting the Hearing Examiner has also increased. The City Clerk Specialist positions used to only set the Hearing Examiner’s weekly docket calendar and mail out decisions. Over the past two years this work has increased to coordinating police officer appearances at forfeiture hearings, coordinating document submittals with departmental staff and outside legal counsel, and assisting the City Clerk in analyzing the Hearing Examiner’s performance in regards to cost and fairness in decisions. Additionally, this position now assists the City Clerk with overseeing the work assignments of the new Office Specialist hired by the HRRM department as a Supported Employment position. Adding a second tier designation will offer incumbents opportunities to advance and grow professionally. FISCAL IMPACT: The estimated net cost for 2020 if implemented on August 1, 2020 is $17,051.21. Due to the current hiring-freeze, the division’s cost savings from the current Public Records Specialist vacancy and other division line items will be used to absorb the increased salary and benefit costs for 2020, making this reorganizational request cost neutral. When the hiring-freeze is lifted, the approximate annual increase in salary and benefits is $54,900 per year. These costs will be absorbed by the City Clerk Division’s budget. The reorganization is also FTE neutral. Note: the following salaries listed include pay and benefits. Position Current Adopted Proposed Grade Difference in 2020 Deputy Public Records Officer a20 m24 $5,527.07 Public Records Specialist a11 a17 $5,815.33 (currently vacant) Enterprise Content Manager m24 m27 $3,916.58 City Clerk Specialist II (x2)a11 a15 $7,607.58 Total $17,051.21 (absorbed by 2020 budget) CONCLUSION: Approving the City Clerk reorganization will align the positions within the City Clerk Division more closely with the scope of authority and responsibility inherent in each position. The changes will also allow the division to accurately and effectively manage public records requests, records AGENDA ITEM #6. c) Ruth Pérez, Council President Subject: City Clerk Division Reorganization Page 4 of 4 June 2020 management issues, and the enterprise content management system. Additionally, reclassifying the positions will alleviate workload imbalances and create additional capacity to plan, schedule and execute statutory requirements in a more effective and efficient manner. cc: Jan Hawn, Administrative Services Administrator AGENDA ITEM #6. c) AB - 2659 City Council Regular Meeting - 22 Jun 2020 SUBJECT/TITLE: CARES Act Relief Fund: Establish Program Funding and Implementation Plan RECOMMENDED ACTION: Council Concur DEPARTMENT: Administrative Services Department STAFF CONTACT: Jan Hawn, Administrative Services Administrator EXT.: 6858 FISCAL IMPACT SUMMARY: The CARES Act provides reimbursement to the City for COVID-19 eligible expenditures the exact amount which is to be determined. The balance of the grant will be on a pass-through basis, reimbursing eligible expenses for small businesses and human service providers. SUMMARY OF ACTION: A federally declared disaster related to the COVID-19 health emergency was declared by President Trump on March 13, 2020. Since that time, Congress has taken three legislative actions in response to this emergency. The third action, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, was signed into law on March 27, 2020. The CARES Act funds approximately $2 trillion in funding to assist individuals, businesses and governments respond to the health crisis. The CARES Act established the Coronavirus Relief Fund through the US Treasury Department to provide payments to state, local and tribal governments. Payments are based on population; local governments with a population of over 500,000 receive direct payments and states receive payments redu ced by the aggregate amount of the payments disbursed to eligible local governments within that state. To access these funds, Council must also authorize the Mayor to enter into an interagency agreement with the Washington State Department of Commerce for the $3,141,000 in Relief Funds. The template Interagency Agreement with the Washington State Department of Commerce for Coronavirus Relief Funds is included with this staff report at Attachment B. EXHIBITS: A. Issue Paper B. WA ST. Dept. of Commerce Interagency Contract C. DRAFT Resolution: CARES Act Relief Fund STAFF RECOMMENDATION: Staff recommends that Council move to adopt Public Emergency Resolution No. ______ which establishes a program funding and implementation plan for the City’s CARES Act Relief Funds and authorize the Mayor to enter into an Interagency Agreement with the Washington State Department of Commerce for $3,141,000 in Coronavirus Relief Funds. AGENDA ITEM #6. d) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:June 15, 2020 TO:Ruth Pérez, Council President Members of the Renton City Council VIA:Armondo Pavone, Mayor FROM:Jan Hawn, Administrative Services Administrator x6858 SUBJECT:Public Emergency Resolution No. ____ Establishing a Program Funding and Implementation Plan for the City’s CARES Act Relief Funds and Authorizing the Mayor to Enter into an Interagency Agreement with the Washington State Department of Commerce for Coronavirus Relief Funds ISSUE: Should Council adopt Public Emergency Resolution No. ______ which establishes a program funding and implementation plan for the City’s CARES Act Relief Funds and authorize the Mayor to enter into an Interagency Agreement with the Washington State Department of Commerce for $3,141,000 in Coronavirus Relief Funds? RECOMMENDATION: Staff recommends that Council move to adopt Public Emergency Resolution No. ______ which establishes a program funding and implementation plan for the City’s CARES Act Relief Funds and authorize the Mayor to enter into an Interagency Agreement with the Washington State Department of Commerce for $3,141,000 in Coronavirus Relief Funds. BACKGROUND: A federally declared disaster related to the COVID-19 health emergency was declared by President Trump on March 13, 2020. Since that time, Congress has taken three legislative actions in response to this emergency. The third action, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, was signed into law on March 27, 2020. The CARES Act funds approximately $2 trillion in funding to assist individuals, businesses and governments respond to the health crisis. The CARES Act established the Coronavirus Relief Fund through the US Treasury Department to provide payments to state, local and tribal governments. Payments are based on population; local governments with a population of over 500,000 receive AGENDA ITEM #6. d) Ruth Pérez, Council President Members of the Renton City Council Page 2 of 10 June 15, 2020 direct payments and states receive payments reduced by the aggregate amount of the payments disbursed to eligible local governments within that state. Under the CARES Act, the Coronavirus Relief Funds may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to Coronavirus Disease 2019 (COVID-19); AND 2. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or local government. The “most recently approved budget” refers to the enacted budget for the relevant fiscal period for the particular government. A cost meets this requirement if: a. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR b. The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. 3. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Further guidance from the US Treasury Department provides six categories of primary allowable cost categories: Medical expenses, Public health expenses, Payroll expenses, Expenses of actions to facilitate compliance with COVID-19-related public health measures, Expenses associated with the provision of economic support (including grants to small businesses to reimburse the cost of business interruption), and Any other COVID-19-related expenses reasonably necessary to the function of government. Stated ineligible costs include: Damages covered by insurance, Expenses that have been or will be reimbursed under any federal program, Severance pay, and Legal settlements. Washington State Award of Relief Funds On April 27, 2020, Governor Inslee announced that the State would award almost $300 million in CARES Act Coronavirus Relief Funds (Relief Funds) to local governments not eligible to receive a direct allocation from Treasury. Renton’s award is $3,141,000. AGENDA ITEM #6. d) Ruth Pérez, Council President Members of the Renton City Council Page 3 of 10 June 15, 2020 These funds are to be used for Renton’s response to the COVID-19 emergency through the limited timeframe of March 1, 2020 to October 31, 2020. To access these funds, Council must also authorize the Mayor to enter into an interagency agreement with the Washington State Department of Commerce for the $3,141,000 in Relief Funds. The template Interagency Agreement with the Washington State Department of Commerce for Coronavirus Relief Funds is included with this staff report at Attachment B. DISCUSSION In response to feedback and knowledge of community needs, staff is recommending the City’s $3,141,000 in CARES Act Relief Funds alone be allocated in the manner shown below. $1,010,000 for City direct COVID-19 Response Program, $1,631,000 for a Small Business Support Program focusing on small business assistance grants; and $500,000 for a Human Services Support Program focusing on rental and food assistance. This is in addition to $411,178 in CDBG funds. The City will look to maximize the Relief Funds to ensure full use of the funding, so final recipients, allocations, and expenditures in total or by category may vary as Administration finalizes and implements the program. The following section of this report provides greater detail regarding these proposed expenditure areas. The total funding from various grant sources is shown here and further described below in each of the respective sections of this issue paper. Purpose Total Investment CARES Act Direct Distribution CDBG CARES Distribution King County Business Assistance Funds Various (described below) $ 3,718,068 3,141,000$ 411,178$ 165,890$ City Direct COVID-19 Response Program Purpose Notes CARES Act Direct Distribution CDBG CARES Distribution King County Business Assistance Funds Total Investment Reimbursement of COVID Expenses through October 30, 2020 Direct city-related expenses 400,000$ 10.8% Retrofit of City Facilities related to COVID-19 Public facilities retrofits/improvements due to COVID-19 500,000$ 13.4% Administrative costs (8%)Administration of the business program 110,000$ 3.0% In order to protect the health and safety of the Renton community and staff, the City has taken many actions as it relates to the COVID-19 emergency. Some costs may be reimbursable through the Federal Emergency Management Agency (FEMA) Public AGENDA ITEM #6. d) Ruth Pérez, Council President Members of the Renton City Council Page 4 of 10 June 15, 2020 Assistance (PA) Program. The PA program has a narrow definition for payment of emergency protective measures, while Relief Funds have broader eligibility. Within the City, staff expects to be reimbursed for the following categories of COVID- related expenditures: Payroll expenses incurred to respond to the COVID-19 emergency. Expenses to provide paid sick leave and paid family and medical leave to City Employees. Unemployment insurance costs. Expenses for additional disinfection of public areas and facilities. Modification to City buildings for employee and public safety purposes, such as adding plexiglass guards to certain work stations. Telework expenses. A portion of the COVID-19 Emergency Community Response Grant Program, which was established by Council on March 30, 2020. Business outreach and communication. Purchase of personal protective equipment (PPE) for City staff. Small Business Support Program Purpose Notes CARES Act Direct Distribution CDBG CARES Distribution King County Business Assistance Funds Total Investment Business Support Direct payment for business assistance 1,381,000$ 165,890$ 41.6% Business Technical Support or Phase 2 Recovery Business training and/or recovery 250,000$ 6.7% Many Renton businesses have been unable to access initial CARES Act or other funds before programs were closed due to high demand, while others have found the impact to their business from the COVID-19 emergency is much larger than the relief funding made available thus far. To help address this shortfall, staff developed a Small Business Support Program (SBSP) to support Renton small businesses. Staff reviewed the Working Washington grant program administered by the Department of Commerce, as well as efforts of other cities including Seattle, Kent, Auburn, Everett, Kirkland, Lacey, Snoqualmie, Sequim and Shoreline, among others, who have deployed or are in the process of setting up their own business support program. Based on this review, City of Renton priorities, and stakeholder outreach, staff is proposing that the SBSP be structured as follows: $1,381,000 City-administered grant fund for small businesses (defined as businesses with up to 25 employees, counting business owners) and $250,000 for technical support using Relief Funds. AGENDA ITEM #6. d) Ruth Pérez, Council President Members of the Renton City Council Page 5 of 10 June 15, 2020 Depending on the number of employees, grant awards would be up to $15,000, as noted in the table below. Sole proprietors (business owners) would also be eligible to receive funds and would be counted as employees for his purpose. # Employees (including business owners)Maximum Grant Award 1-5 $5,000 6-15 $10,000 16-25 $15,000 Grant applications would be reviewed by staff with a recommendation to the Mayor; the Mayor would make award decisions. Grant recipients would be required to enter into a Grant Agreement with the City, certifying that the grant will be used for COVID-eligible expenses. (Note: As of the writing of this Issue Paper, the guidance from the Washington Department of Commerce indicated that no receipts are required. However, businesses should be prepared to provide receipts if audited.) Grant recipients must not have received COVID-19 related aid from other federal programs, including grants, loans, or other support. While staff did review the potential for developing a small business loan program as opposed to a grant program, Relief Funds do not allow the City to administer a loan program. Eligible Businesses and Evaluation Criteria Applications for the SBSP would be reviewed for eligibility based on the City’s requirements. Applications from eligible businesses would then be evaluated based on City priorities. Funding would be awarded according to those businesses that rate the highest compared to the City’s evaluation criteria. Eligibility requirements and evaluation criteria for the SBSP would be as follows: Eligibility Requirements Evaluation Criteria Up to 25 employees, counting business owners (not FTE employees) Loss of revenue due to COVID-19 and subsequent government-ordered restrictions on business operations In business since July 1, 2018 Focus on serving general consumer categories, such as dining, entertainment, beauty services, etc., which serve as a draw to an area for the benefit of other nearby businesses Business must not have received reimbursement under any other Allowable expenditures have not been reimbursed by any other source AGENDA ITEM #6. d) Ruth Pérez, Council President Members of the Renton City Council Page 6 of 10 June 15, 2020 federal program Physical location within Renton with a public-facing store front Independent business (not franchise) with a physical location Experienced a loss of income due to COVID-19 Number of jobs at risk Business in good standing, including such factors as: o Current business licenses o City taxes and fees paid o Current on all State and regulatory requirements o Not facing pending litigation or legal action; including Renton code enforcement Historically marginalized/underrepresented business, including minority-owned or 51% women-owned business While identifying City priorities and evaluation criteria to identify those priorities in SBSP applications was a challenging task, staff feel confident that these priorities will help guide good recommendations to the Mayor for business grants. Staff feel that it is important for businesses to assert that these grant funds support their reopening and ongoing sustainability. While the program is limited to small businesses, staff would also evaluate applicants based on the number of jobs at risk as a result of COVID-19 to address the potential economic impact of layoffs. Finally, staff would consider impacts to historically marginalized or underrepresented businesses, including businesses owned by communities of color and women-owned businesses. Minority-owned businesses have been historically impacted by institutional racism, which could compound the financial impacts of COVID-19. While three quarters of all small businesses in the US have requested relief through the CARES Act, with 38% reporting having received funding according to the US Census Bureau, a survey of black and Latino businesses indicates only 26% received funding, according to a New York Times article. Similarly, many women-owned businesses may have historical disadvantages. As the City has goals to seek opportunities to ensure equitable outcomes, prioritizing businesses that meet this criterion is recommended by staff. Eligible Business Expenses Eligible business expenses would be limited to the following types of expenditures: Payment of rent or required monthly loan payments. Payments of regular wages, taxes, and typical benefits to employees (e.g., health insurance, paid vacation / sick leave essential to maintain operations, but only to the extent those wages, taxes and benefits have not been reimbursed by other federal, state or regional grants or loans. AGENDA ITEM #6. d) Ruth Pérez, Council President Members of the Renton City Council Page 7 of 10 June 15, 2020 Payment for personal protective equipment, sanitizer, disinfectant, or other supplies, equipment or physical changes (e.g., plexiglass barriers, or other furnishings to accommodate physical distancing) necessary for the protection of public health or the health of business or organization owners or employees in relation to the COVID-19 emergency. Typical operating costs and expenses, including those set forth on an income statement, as a regular, ongoing cost of operating the business. Typical draw or wages on a regular interval to owner, provided such draws or wages are consistent with those paid in previous intervals, quarters or years. Ineligible Businesses and Expenses Based upon an analysis of standards and precedent, staff is making a series of recommendations about ineligible businesses and expenses. The following are staff’s recommendations based upon reviewing other cities’ programs, business compliance with the Governor’s “Stay Home, Stay Healthy” order, and funding source restrictions: Ineligible Businesses Businesses that have not suffered financial loss due to COVID-19 and restrictions on operations. Businesses that have suffered financial loss but still have sufficient revenue to sustain minimum operations. Businesses owned, or partially owned, by managers, officers, directors or public officials associated with the City of Renton. Ineligible Expenses Expenses considered ineligible business expenses by IRS. Political contributions. Bonuses to owners or employees. Wages to any member of owner’s family (not a bona fide employee). Charitable contributions. Gifts or parties. Draw or salary to the business owner that exceeds the amount that they were paid on a weekly or monthly basis for the same period in the prior year. Pay down or pay off of debt by more than required in underlying debt instrument. Any expenses related to activities prohibited under COVID-19 guidelines, state, federal, or local law. Payment of property taxes, B&O taxes, etc. Damages covered by insurance. Expenses that have been or will be reimbursed under any federal program. Severance pay. AGENDA ITEM #6. d) Ruth Pérez, Council President Members of the Renton City Council Page 8 of 10 June 15, 2020 Legal settlements. Technical Support Set-Aside In addition to the Small Business Support Program grants, the City of Renton intends to set aside an additional $250,000 to be used for technical assistance and resources to aid recovering businesses. Any funds from this set aside not fully spent for this purpose shall be added back to the Small Business grant pool and distributed through that process. Human Services Support Program Purpose Notes CARES Act Direct Distribution CDBG CARES Distribution King County Business Assistance Funds Total Investment Rental/Low Income Support Support for low income residents for monthly rent 411,178$ 11.1% Human Services Grants Support for non-profit partners providing direct service to Renton residents - feeding or rent assistance (Note: this is in addition to Renton Regional Community Foundation's COVID Response Fund) 500,000$ 13.4% Staff have been working closely with community partners to create a robust and comprehensive system that is designed to provide rental assistance to those in need and to ensuring that everyone in Renton has access to food throughout this crisis. The rental assistance program will be administered in collaboration with area housing and non-profit organizations. As summer approaches, staff has been working to ensure that everyone in Renton will continue to be able to access needed food. To that end, staff have worked to understand what resources are needed to continue each of the critical activities noted above. In total, staff recommends that $150,000 of Relief Funds be allocated to support access to food and incurred unplanned expenses related to PPE and COVID-19 related cleaning supplies and activities and $350,000 for rental assistance to Renton families. Staff is evaluating ‘not to exceed’ amounts for food resources/food access expenses, rental assistance and agency capacity to expend funds towards eligible reimbursement. Staff is proposing that expenditures since March 23 (the beginning of the Governor’s Stay Home/Stay Healthy Order) will be considered for reimbursement. If, after reimbursing partner agencies there are still available funds, then those funds may be transferred to the CARES Act Funds Programs at the Mayor’s discretion. AGENDA ITEM #6. d) Ruth Pérez, Council President Members of the Renton City Council Page 9 of 10 June 15, 2020 In total, between the Food Support Program funding, partner agency PPE and COVID-19 related funding and rental assistance $500,000 in Relief Funds are being proposed to be spent as part of the Human Service Support Program funded through CARES. In addition to this CARES funding, Renton is also eligible for approximately $411,000 through King County’s CDBG CARES funding for human services, for a total of $911,000 in human services funding. Tonight’s Council Meeting Tonight, Council is scheduled to take action on Public Emergency Resolution No. _____, which would establish the funding and implementation plan as noted above for the City’s CARES Act Relief Funds. STAKEHOLDER OUTREACH Staff has been in daily contact with businesses through various means since the Governor’s COVID-19 emergency declaration. Many Renton businesses have emailed the City to provide information on how they have been impacted by the COVID-19 crisis. Additionally, staff have received input from Renton businesses through regional business impact surveys conducted by Greater Seattle Partners, REACH, the Seattle Office of Economic Development and Community Attributes. Staff also has engaged many of the City’s affordable housing and human service partners, the Renton Regional Community Foundation, the Renton School District and REACH to understand their needs with regarding to supporting the community. RESOURCE/FINANCIAL IMPACT This resolution identifies program expenditures in the amount of $3,141,000 for COVID- 19 related expenditures through October 31, 2020 for reimbursement using federal CARES Act funding. The City is anticipating reimbursement of these funds by the State by the end of 2020. Relief Funds are available for a broad usage of local response to the COVID-19 crisis through October 31, 2020, including small business support, human services support and City direct COVID-19 costs. In response to community feedback and needs, City staff is recommending the CARES Relief Funds awarded to Renton be programmed in the manner shown below. The City will look to maximize the Relief Funds to ensure full use of the funding, so final recipients, allocations, and expenditures in total or by category may vary as Administration finalizes and implements the program. $1,010,000 for City direct COVID-19 Response, AGENDA ITEM #6. d) Ruth Pérez, Council President Members of the Renton City Council Page 10 of 10 June 15, 2020 $1,631,000 for a Small Business Support Program, and $500,000 for a Human Services Support Program. Tonight, Council is scheduled to take action on Public Emergency Resolution No. _____ (Attachment A), which would establish the funding and implementation plan as noted above for the City’s CARES Act Relief Funds. RECOMMENDATION Staff recommends that Council move to adopt Public Emergency Resolution No. ____ which establishes a program funding and implementation plan for the City’s CARES Act Relief Funds and authorize the Mayor to enter into an Interagency Agreement with the Washington State Department of Commerce for $3,141,000 in Coronavirus Relief Funds. ATTACHMENTS Attachment A: Public Emergency Resolution No. _____ Attachment B: Washington State Department of Commerce Template Interagency Agreement for Coronavirus Relief Fund for Local Governments CONCLUSION: Staff recommends that Council move to adopt Public Emergency Resolution No. ____ which establishes a program funding and implementation plan for the City’s CARES Act Relief Funds and authorize the Mayor to enter into an Interagency Agreement with the Washington State Department of Commerce for $3,141,000 in Coronavirus Relief Funds. AGENDA ITEM #6. d) Interagency Agreement with City of Renton through the Coronavirus Relief Fund for Local Governments For Costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period of March 1, 2020 thru October 31, 2020. Start date: March 1, 2020 AGENDA ITEM #6. d) ii TABLE OF CONTENTS Special Terms and Conditions 1. Authority…………………………………………………………………………………..1 2. Acknowledgement of Federal Funding………………………………………………..1 3. Contract Management ........................................................................................... 1 4. Compensation ........................................................................................................ 1 5. Expenses…………………………………………………………………………………1 6. Indirect Costs…………………………………………………………………………….1 7. Billing Procedures and Payment ............................................................................ 1 8. Audit……………………………………………………………………………………….2 9. Debarment…………………………….………………………………………………….3 10. Laws ....................................................................................................................... 3 11. Order of Precedence .............................................................................................. 4 General Terms and Conditions 1. Definitions .............................................................................................................. 5 2. All Writings Contained Herein ................................................................................ 5 3. Amendments .......................................................................................................... 5 4. Assignment ............................................................................................................ 5 5. Confidentiality and Safeguarding of Information .................................................... 5 6. Copyright................................................................................................................ 6 7. Disputes ................................................................................................................. 6 8. Governing Law and Venue .................................................................................... 6 9. Indemnification ....................................................................................................... 7 10. Licensing, Accreditation and Registration ............................................................. 7 11. Recapture .............................................................................................................. 7 12. Records Maintenance ............................................................................................ 7 13. Savings .................................................................................................................. 7 14. Severability ............................................................................................................ 7 15. Subcontracting ....................................................................................................... 7 16. Survival .................................................................................................................. 8 17. Termination for Cause ........................................................................................... 8 18. Termination for Convenience................................................................................. 8 19. Termination Procedures ........................................................................................ 8 20. Waiver .................................................................................................................... 9 Attachment A, Scope of Work ................................................................................................... 10 Attachment B, Budget & Invoicing ............................................................................................. 12 Attachment C, A-19 Certification ................................................................................................ 13 Attachment D, A-19 Activity Report ........................................................................................... 15 AGENDA ITEM #6. d) FACE SHEET iii Contract Number: 20-6541C-300 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 1. Contractor 2. Contractor Doing Business As (optional) City of Renton 1055 S Grady Way Renton, Washington 98057-3232 3. Contractor Representative 4. COMMERCE Representative Kari Roller Fiscal Services Director (425) 430-6931 kroller@rentonwa.gov Chuck Hunter Project Manager (360) 764-3312 Fax 360-586-5880 chuck.hunter@commerce.wa.gov P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $3,141,000.00 Federal: X State: Other: N/A: March 1, 2020 October 31, 2020 9. Federal Funds (as applicable) $3,141,000.00 Federal Agency: CFDA Number: US Dept. of the Treasury 21.019 Indirect Rate (if applicable): N/A 11. SWV #12. UBI #13. DUNS #10. Tax ID # 91-6001271 SWV0012200-11 177000094 092278894 14. Contract Purpose To provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID -19) during the period of March 1, 2020 thru October 31, 2020. Final invoices must be received by November 15, 2020. 15.Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment “A” – Scope of Work, Attachment “B” – Budget & Invoicing, Attachment “C” – A-19 Certification, Attachment “D” – A-19 Activity Report FOR CONTRACTOR FOR COMMERCE Armondo Pavone, Mayor Date Mark K. Barkley, Assistant Director, Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 05-01-2020. APPROVAL ON FILE. AGENDA ITEM #6. d) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 1 1.AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2.ACKNOWLEDGMENT OF FEDERAL FUNDS Funds under the Contract are made available and are subject to Section 601(a) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and Title V and VI of the CARES Act. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: “This project was supported by a grant awarded by US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund thru the Washington State Department of Commerce.” 3.CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 4.COMPENSATION COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work (Attachment A). 5.EXPENSES Contractor shall receive reimbursement for allowable expenses as identified in the Sco pe of Work (Attachment A) or as authorized in advance by COMMERCE as reimbursable. Travel expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 6.INDIRECT COSTS Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 7.BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If the Contractor has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19 form may be provided by the COMMERCE Project Manager upon request. AGENDA ITEM #6. d) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 2 The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final voucher shall be submitted to COMMERCE no later than November 15, 2020. COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as set forth under the Scope of Work (Attachment A) and Budget & Invoicing (Attachment B). The invoice shall include the Contract Number as stated on the Face Sheet. Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report (Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify and attest all expenditures submitted on the voucher are in compliance with the United States Treasury Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local- and-Tribal-Governments.pdf The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a detailed breakdown of the expenditures within each applicable budget sub-category identified in the voucher, as well as a report of expenditures to date. COMMERCE will not release payment for an y reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received. After approving the Invoice Voucher, A-19 Certification and Activity Report, COMMERCE shall promptly remit a warrant to the Contractor. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwise inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on disallowed costs. 8. AUDIT Contractor shall maintain internal controls provid ing reasonable assurance it is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; and prepare appropriate financial statements, in cluding a schedule of expenditures of federal awards. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: AGENDA ITEM #6. d) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 3 A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation to auditreview@commerce.wa.gov. 9. DEBARMENT A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligib le, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lowe r tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor further agrees by signing this Contract that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract, such contractor shall attach an explanation to this Contract. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 10. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: AGENDA ITEM #6. d) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 4 United States Laws, Regulations and Circulars (Federal) Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Award, 2 CFR 200, Subpart F – Audit Requirements. Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation. Contractor shall comply with Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. 11. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions Attachment A – Scope of Work Attachment B – Budget & Invoicing Attachment C – A-19 Certification Attachment D – A-19 Activity Report AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 5 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. ”State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 6 COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Co ntract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the s tate of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 7 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payment s due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly a uthorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 8 relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. Contractor shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontr act operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the rep lacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 9 with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the exten t the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. AGENDA ITEM #6. d) Attachment A State of Washington Interagency Agreement Version 072019 Department of Commerce Page 10 Scope of Work This funding is made available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section V and VI of the CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); AND 2. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government. These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the US Treasury’s December 30, 2020 end date, the State of Washington must closeout contracts by October 31, 2020. All final requests for reimbursement must be received no later than November 15, 2020. Expenditures must be used for necessary actions taken to respond to the public health emergency. These may include expenditures incurred to allow the local government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second - order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. Payments may be used only to cover costs not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either: 1. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR 2. The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The “most recently approved” budget is the enacted budget for the relevant fiscal period for the particular government. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Allowable expenditures include, but are not limited to : 1. Medical expenses such as: a. COVID-19-related expenses of public hospitals, clinics, and similar facilities. b. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. c. Costs of providing COVID-19 testing, including serological testing. d. Emergency medical response expenses, including emergency medical transportation, related to COVID-19. e. Expenses for establishing and operating public telemedicine capabilities for COVID -19-related treatment. 2. Public health expenses such as: AGENDA ITEM #6. d) Attachment A State of Washington Interagency Agreement Version 072019 Department of Commerce Page 11 a. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. b. Expenses for acquisition and distribution of medical and protective supplies, in cluding sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in com munity settings, and other public health or safety workers in connection with the COVID-19 public health emergency. c. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID - 19-related threats to public health and safety. e. Expenses for public safety measures undertaken in response to COVID-19. f. Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID - 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: a. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. b. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. c. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. d. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. e. COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. f. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: a. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. b. Expenditures related to a State, territorial, local, or Tribal government payroll support program. c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria. AGENDA ITEM #6. d) Attachment B State of Washington Interagency Agreement Version 072019 Department of Commerce Page 12 Budget & Invoicing The Contractor shall determine the appropriate budget and use of funds within the following 6 budget categories and their sub-categories: 1. Medical 2. Public Health 3. Payroll 4. Actions to Comply with Public Health Measures 5. Economic Support 6. Other Covid-19 Expenses The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the Commerce Contract Management System’s (CMS) Online A-19 Portal. Each reimbursement request must include: 1. A-19 Certification form – An authorized party of the local government will certify each invoice (A19) submitted for reimbursement and attest that all incurred expenditures meet the US Treasury Department’s guidance: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund- Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf 2. A-19 Activity Report 3. A detailed breakdown of the expenditures incurred within each applicable budget sub -category on the A-19 Activity Report. The A-19 Certification and Activity Report templates will be provided with the executed contract. The documents are included in Attachment C and Attachment D for reference. Receipts and proof of payment for costs incurred do not need to be submitted with A-19s. All contractors are required to maintain accounting records in accordance with state and federal laws. Records must be sufficient to demonstrate the funds have been used in accordance with section 601(d) of the Social Security Act. Commerce reserves the right to audit any costs submitted for reimbursement. The Contractor shall comply with Commerce A-19 audits and provide the appropriate records upon request. AGENDA ITEM #6. d) Attachment C State of Washington Interagency Agreement Version 072019 Department of Commerce Page 13 AGENDA ITEM #6. d) Attachment C State of Washington Interagency Agreement Version 072019 Department of Commerce Page 14 AGENDA ITEM #6. d) Attachment D State of Washington Interagency Agreement Version 072019 Department of Commerce Page 15 AGENDA ITEM #6. d) Attachment D State of Washington Interagency Agreement Version 072019 Department of Commerce Page 16 AGENDA ITEM #6. d) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A PUBLIC HEALTH EMERGENCY RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A FUNDING PROGRAM AND IMPLEMENTATION PLAN FOR THE CITY OF RENTON’S CARES ACT RELIEF FUNDS. WHEREAS, due to the COVID-19 public health emergency, the U.S. Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136 (“CARES Act”), which provides funding to assist individuals, businesses, and governments in responding to COVID-19; these funds are administered by the U.S. Treasury Department; and WHEREAS, the U.S. Treasury Department has provided six (6) categories of primary allowable expense categories for CARES Act funds: medical; public health; payroll; COVID-19 public health compliance measures; small business economic support; and other expenses necessary to the function of government; and WHEREAS, for Washington cities under 500,000 in population such as Renton, CARES Act funds are distributed via the State of Washington which has awarded the City of Renton $3,141,000 in funding based on its population; and WHEREAS, the City Council desires to establish a funding program and implementation plan that utilizes the City’s CARES Act funds for City-direct expenses; a small business support program; and a rental assistance and human services support program; and WHEREAS, in order to receive the CARES Act funds allocated to the City, the Mayor and City Clerk must enter into an interagency agreement with the State of Washington Department of Commerce; and AGENDA ITEM #6. d) RESOLUTION NO. _______ 2 WHEREAS, the City and the State of Washington Department of Commerce are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into such interagency agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. Establishment of a Funding Program Known as the City of Renton CARES Act Relief Fund Program. The Mayor or designee is directed to establish a funding program entitled the “CARES Act Relief Fund Program” in an amount equal to the $3,141,000 to be distributed to the City of Renton by Washington State in CARES Act relief funding and denote as such in the accounting records of the City. These funds shall be allocated and utilized to support the following programs hereby authorized: 1. City-Direct COVID-19 Response Program; 2. Small Business Support Program; and 3. Rental Assistance and Human Services Support Program. SECTION II. Implementation Plan. A. The City’s CARES Act relief funds shall be utilized for expenditures through October 31, 2020 (unless another date is established) that are allowed pursuant to the CARES Act and guidance issued by the U.S. Treasury Department. B. The City Council authorizes the Mayor or designee to execute any and all agreements and related documentation necessary to receive full and complete reimbursement of the City’s allowable CARES Act fund expenditures distributed under its CARES Act Relief Fund Program, including but not limited to an interagency agreement with the State of Washington AGENDA ITEM #6. d) RESOLUTION NO. _______ 3 Department of Commerce regarding the Coronavirus Relief Fund for Local Governments attached hereto as Exhibit “A” and incorporated by this reference (the “Interagency Agreement”). C. The City Council authorizes the Mayor or designee to negotiate and execute any and all contracts and/or purchase orders with third-party vendors, organizations, and other persons and entities to distribute the City’s CARES Act relief funds as provided for in this Resolution. D. In compliance with CARES Act requirements and the Interagency Agreement, the Mayor or designee is directed to develop, implement, and operate the City-Direct COVID-19 Response Program for reimbursement of eligible City expenditures. E. In compliance with CARES Act requirements and the Interagency Agreement, the Mayor or designee is directed to develop an application process for the Small Business Support Program, including establishing eligibility criteria, and to implement and operate the Small Business Support Program. All such actions may be performed directly or through one or more third-party contractors. E. In compliance with CARES Act requirements and the Interagency Agreement, the Mayor or designee is directed to develop a funding distribution methodology for the Rental Assistance and Human Services Support Program, including establishing eligibility criteria, and to implement and operate the Rental Assistance and Human Services Support Program. All such actions may be performed directly or through one or more third-party contractors. SECTION III. Communication. The Mayor or designee shall implement a communications plan to broadly disseminate the availability of CARES Act relief funds to City of Renton businesses, human services providers, and any other potential funding-eligible entities. AGENDA ITEM #6. d) RESOLUTION NO. _______ 4 SECTION IV. Reporting. The Mayor or designee shall provide a report at the first regularly scheduled meeting of the City Council each month regarding utilization of the CARES Act relief funds in the prior month. Such report shall include the businesses, human services providers, and any other entities that received funding. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2020. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2020. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES.1847:6/15/2020 AGENDA ITEM #6. d) RESOLUTION NO. _______ 5 EXHIBIT “A” WASHINGTON STATE DEPARTMENT OF COMMERCE INTERAGENCY AGREEMENT WITH CITY OF RENTON THROUGH THE CORONAVIRUS RELIEF FUND FOR LOCAL GOVERNMENTS AGENDA ITEM #6. d) Interagency Agreement with City of Renton through the Coronavirus Relief Fund for Local Governments For Costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period of March 1, 2020 thru October 31, 2020. Start date: March 1, 2020 AGENDA ITEM #6. d) ii TABLE OF CONTENTS Special Terms and Conditions 1. Authority…………………………………………………………………………………..1 2. Acknowledgement of Federal Funding………………………………………………..1 3. Contract Management ........................................................................................... 1 4. Compensation ........................................................................................................ 1 5. Expenses…………………………………………………………………………………1 6. Indirect Costs…………………………………………………………………………….1 7. Billing Procedures and Payment ............................................................................ 1 8. Audit……………………………………………………………………………………….2 9. Debarment…………………………….………………………………………………….3 10. Laws ....................................................................................................................... 3 11. Order of Precedence .............................................................................................. 4 General Terms and Conditions 1. Definitions .............................................................................................................. 5 2. All Writings Contained Herein ................................................................................ 5 3. Amendments .......................................................................................................... 5 4. Assignment ............................................................................................................ 5 5. Confidentiality and Safeguarding of Information .................................................... 5 6. Copyright................................................................................................................ 6 7. Disputes ................................................................................................................. 6 8. Governing Law and Venue .................................................................................... 6 9. Indemnification ....................................................................................................... 7 10. Licensing, Accreditation and Registration ............................................................. 7 11. Recapture .............................................................................................................. 7 12. Records Maintenance ............................................................................................ 7 13. Savings .................................................................................................................. 7 14. Severability ............................................................................................................ 7 15. Subcontracting ....................................................................................................... 7 16. Survival .................................................................................................................. 8 17. Termination for Cause ........................................................................................... 8 18. Termination for Convenience................................................................................. 8 19. Termination Procedures ........................................................................................ 8 20. Waiver .................................................................................................................... 9 Attachment A, Scope of Work ................................................................................................... 10 Attachment B, Budget & Invoicing ............................................................................................. 12 Attachment C, A-19 Certification ................................................................................................ 13 Attachment D, A-19 Activity Report ........................................................................................... 15 AGENDA ITEM #6. d) FACE SHEET iii Contract Number: 20-6541C-300 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 1. Contractor 2. Contractor Doing Business As (optional) City of Renton 1055 S Grady Way Renton, Washington 98057-3232 3. Contractor Representative 4. COMMERCE Representative Kari Roller Fiscal Services Director (425) 430-6931 kroller@rentonwa.gov Chuck Hunter Project Manager (360) 764-3312 Fax 360-586-5880 chuck.hunter@commerce.wa.gov P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $3,141,000.00 Federal: X State: Other: N/A: March 1, 2020 October 31, 2020 9. Federal Funds (as applicable) $3,141,000.00 Federal Agency: CFDA Number: US Dept. of the Treasury 21.019 Indirect Rate (if applicable): 10.00% 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # XXXXXXXXXXXXXX SWV0012200-11 999999999 N/A 14. Contract Purpose To provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID -19) during the period of March 1, 2020 thru October 31, 2020. Final invoices must be received by November 15, 2020. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment “A” – Scope of Work, Attachment “B” – Budget & Invoicing, Attachment “C” – A-19 Certification, Attachment “D” – A-19 Activity Report FOR CONTRACTOR FOR COMMERCE Armondo Pavone, Mayor Date Mark K. Barkley, Assistant Director, Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 05-01-2020. APPROVAL ON FILE. AGENDA ITEM #6. d) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 1 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OF FEDERAL FUNDS Funds under the Contract are made available and are subject to Section 601(a) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and Title V and VI of the CARES Act. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: “This project was supported by a grant awarded by US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund thru the Washington State Department of Commerce.” 3. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 4. COMPENSATION COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work (Attachment A). 5. EXPENSES Contractor shall receive reimbursement for allowable expenses as identified in the Sco pe of Work (Attachment A) or as authorized in advance by COMMERCE as reimbursable. Travel expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 6. INDIRECT COSTS Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 7. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If the Contractor has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19 form may be provided by the COMMERCE Project Manager upon request. AGENDA ITEM #6. d) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 2 The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final voucher shall be submitted to COMMERCE no later than November 15, 2020. COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as set forth under the Scope of Work (Attachment A) and Budget & Invoicing (Attachment B). The invoice shall include the Contract Number as stated on the Face Sheet. Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report (Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify and attest all expenditures submitted on the voucher are in compliance with the United States Treasury Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local- and-Tribal-Governments.pdf The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a detailed breakdown of the expenditures within each applicable budget sub-category identified in the voucher, as well as a report of expenditures to date. COMMERCE will not release payment for an y reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received. After approving the Invoice Voucher, A-19 Certification and Activity Report, COMMERCE shall promptly remit a warrant to the Contractor. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwise inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on disallowed costs. 8. AUDIT Contractor shall maintain internal controls provid ing reasonable assurance it is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; and prepare appropriate financial statements, in cluding a schedule of expenditures of federal awards. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: AGENDA ITEM #6. d) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 3 A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation to auditreview@commerce.wa.gov. 9. DEBARMENT A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligib le, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lowe r tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor further agrees by signing this Contract that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract, such contractor shall attach an explanation to this Contract. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 10. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: AGENDA ITEM #6. d) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 4 United States Laws, Regulations and Circulars (Federal) Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Award, 2 CFR 200, Subpart F – Audit Requirements. Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation. Contractor shall comply with Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. 11. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions Attachment A – Scope of Work Attachment B – Budget & Invoicing Attachment C – A-19 Certification Attachment D – A-19 Activity Report AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 5 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. ”State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 6 COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Co ntract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the s tate of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 7 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payment s due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly a uthorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 8 relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. Contractor shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontr act operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the rep lacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree AGENDA ITEM #6. d) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 9 with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the exten t the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. AGENDA ITEM #6. d) Attachment A State of Washington Interagency Agreement Version 072019 Department of Commerce Page 10 Scope of Work This funding is made available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section V and VI of the CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); AND 2. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government. These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the US Treasury’s December 30, 2020 end date, the State of Washington must closeout contracts by October 31, 2020. All final requests for reimbursement must be received no later than November 15, 2020. Expenditures must be used for necessary actions taken to respond to the public health emergency. These may include expenditures incurred to allow the local government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second - order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. Payments may be used only to cover costs not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either: 1. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR 2. The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The “most recently approved” budget is the enacted budget for the relevant fiscal period for the particular government. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Allowable expenditures include, but are not limited to : 1. Medical expenses such as: a. COVID-19-related expenses of public hospitals, clinics, and similar facilities. b. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. c. Costs of providing COVID-19 testing, including serological testing. d. Emergency medical response expenses, including emergency medical transportation, related to COVID-19. e. Expenses for establishing and operating public telemedicine capabilities for COVID -19-related treatment. 2. Public health expenses such as: AGENDA ITEM #6. d) Attachment A State of Washington Interagency Agreement Version 072019 Department of Commerce Page 11 a. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. b. Expenses for acquisition and distribution of medical and protective supplies, in cluding sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in com munity settings, and other public health or safety workers in connection with the COVID-19 public health emergency. c. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID - 19-related threats to public health and safety. e. Expenses for public safety measures undertaken in response to COVID-19. f. Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID - 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: a. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. b. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. c. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. d. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. e. COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. f. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: a. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. b. Expenditures related to a State, territorial, local, or Tribal government payroll support program. c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria. AGENDA ITEM #6. d) Attachment B State of Washington Interagency Agreement Version 072019 Department of Commerce Page 12 Budget & Invoicing The Contractor shall determine the appropriate budget and use of funds within the following 6 budget categories and their sub-categories: 1. Medical 2. Public Health 3. Payroll 4. Actions to Comply with Public Health Measures 5. Economic Support 6. Other Covid-19 Expenses The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the Commerce Contract Management System’s (CMS) Online A-19 Portal. Each reimbursement request must include: 1. A-19 Certification form – An authorized party of the local government will certify each invoice (A19) submitted for reimbursement and attest that all incurred expenditures meet the US Treasury Department’s guidance: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund- Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf 2. A-19 Activity Report 3. A detailed breakdown of the expenditures incurred within each applicable budget sub -category on the A-19 Activity Report. The A-19 Certification and Activity Report templates will be provided with the executed contract. The documents are included in Attachment C and Attachment D for reference. Receipts and proof of payment for costs incurred do not need to be submitted with A-19s. All contractors are required to maintain accounting records in accordance with state and federal laws. Records must be sufficient to demonstrate the funds have been used in accordance with section 601(d) of the Social Security Act. Commerce reserves the right to audit any costs submitted for reimbursement. The Contractor shall comply with Commerce A-19 audits and provide the appropriate records upon request. AGENDA ITEM #6. d) Attachment C State of Washington Interagency Agreement Version 072019 Department of Commerce Page 13 AGENDA ITEM #6. d) Attachment C State of Washington Interagency Agreement Version 072019 Department of Commerce Page 14 AGENDA ITEM #6. d) Attachment D State of Washington Interagency Agreement Version 072019 Department of Commerce Page 15 AGENDA ITEM #6. d) Attachment D State of Washington Interagency Agreement Version 072019 Department of Commerce Page 16 AGENDA ITEM #6. d) AB - 2662 City Council Regular Meeting - 22 Jun 2020 SUBJECT/TITLE: Local Agency Agreement with the Federal Aviation Administration for Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jason Anderson, Interim Airport Manager EXT.: 7476 FISCAL IMPACT SUMMARY: The Renton Municipal Airport was awarded Coronavirus Aid, Relief, and Economic Security (CARES) Act funding in the amount of $69,000. The full amount will be obligated to the Airport Operational Fund (402). SUMMARY OF ACTION: The Renton Municipal Airport was selected for a CARES Act grant in the amount of $69,000. The attached Local Agency Agreement with the Federal Aviation Administration (FAA) is required in order to obligate the grant funding. The agreement must be executed and returned to the FAA by July 10, 2020. The funds must be expended and drawn down within four years and can be used for airport operational and maintenance expenses incurred after January 20, 2020. This grant will supplement budgeted operational funds lost due to the COVID-19 pandemic. EXHIBITS: A. Local Agency Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Local Agency Agreement with the Federal Aviation Administration for the obligation of CARES Act gran t funding and all subsequent agreements necessary to ensure full use and expenditure of this grant. AGENDA ITEM #6. e) CARES Act Grant Transmittal Letter Mr. Armondo Pavone, Mayor City of Renton 616 W Perimeter Road Renton, WA 98057 Dear Mayor Pavone: Please find the following electronic CARES Act Grant Offer, Grant No. 3-53-0055-027-2020 for Renton Municipal Airport. This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual signing the grant; i.e. the sponsor’s authorized representative. b. The sponsor’s authorized representative must execute the grant, followed by the attorney’s certification, no later than July 10, 2020 in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be digitally signed by the sponsor’s legal signatory authority and then the grant offer will be routed via email to the sponsor’s attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you drawdown and expend these funds within four years. An airport sponsor may use these funds for any purpose for which airport revenues may be lawfully used. CARES grant recipients should follow the FAA’s Policy and Procedures Concerning the Use of Airport Revenues (“Revenue Use Policy”), 64 Federal Register 7696 (64 FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330). The Revenue Use Policy defines permitted uses of airport revenue. In addition to the detailed guidance in the Revenue Use Policy, the CARES Act states the funds may not be used for any purpose not related to the airport. With each payment request you are required to upload directly to Delphi: • An invoice summary, even if you only paid a single invoice and • The documentation in support of each invoice covered in the payment request. For the final payment request, in addition to the requirement listed above for all payment requests, you are required to upload directly to Delphi: • A final financial report summarizing all of the costs incurred and reimbursed, and • An SF-425, and AGENDA ITEM #6. e) • A narrative report. The narrative report will summarize the expenses covered by the CARES Act funds and state that all expenses were in accordance with the FAA’s Policy and Procedures Concerning the Use of Airport Revenues and incurred after January 20, 2020. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once you have drawn down all funds and uploaded the required documents to Delphi, notify Karen Miles, by email that the grant is administratively and financially closed. Karen Miles is readily available to assist you as your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts. Sincerely, William C. Garrison Acting Manager Seattle Airport District Office AGENDA ITEM #6. e) U.S. Department of Transportation Federal Aviation Administration CARES ACT AIRPORT GRANT AGREEMENT PART I – OFFER Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area Renton Municipal Airport - Renton, Washington CARES Grant Number 3-53-0055-027-2020 (Contract Number: DOT-FA20NM-K0061) Unique Entity Identifier 092278894 TO: City of Renton, Washington (herein called the “Sponsor”) FROM: The United States of America (acting through the Federal Aviation Administration, herein called the “FAA”) WHEREAS, the Sponsor has submitted to the FAA a Coronavirus Aid, Relief, and Economic Security Act (CARES Act or “the Act”) Airports Grants Application (herein called the “Grant”) dated May 4, 2020, for a grant of Federal funds at or associated with the Renton Municipal Airport, which is included as part of this Grant Agreement; and WHEREAS, the Sponsor has accepted the terms of FAA’s Grant offer; WHEREAS, in consideration of the promises, representations and assurances provided by the Sponsor, the FAA has approved the Grant Application for the Renton Municipal Airport (herein called the “Grant”) consisting of the following: This Grant is provided in accordance with the CARES Act, as described below, to provide eligible Sponsors with funding to help offset a decline in revenues arising from diminished airport operations and activities as a result of the COVID-19 Public Health Emergency. CARES Act Airport Grants amounts to specific airports are derived by legislative formula. The purpose of this Grant is to maintain safe and efficient airport operations. Funds provided under this Grant Agreement must only be used for purposes directly related to the airport. Such purposes can include the reimbursement of an airport’s operational and maintenance expenses or debt service payments. CARES Act Airport Grants may be used to reimburse airport operational and maintenance expenses directly related to Renton Municipal Airport incurred no earlier than January 20, 2020. CARES Act Airport Grants also may be used to reimburse a Sponsor’s payment of debt service where such payments occur on or after April 14, 2020. Funds provided under the Grant will be governed by the same principles that govern “airport revenue.” New airport development projects may not be funded AGENDA ITEM #6. e) with this Grant, unless and until the Grant Agreement is amended or superseded by a subsequent agreement that addresses and authorizes the use of funds for the airport development project. NOW THEREFORE, in accordance with the applicable provisions of the CARES Act, Public Law Number 116-136, the representations contained in the Grant Application, and in consideration of, (a) the Sponsor’s acceptance of this Offer; and, (b) the benefits to accrue to the United States and the public from the accomplishment of the Grant and in compliance with the conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $69,000. 2. Period of Performance. The period of performance shall commence on the date the Sponsor formally accepts this agreement. The end date of the period of performance is 4 years (1,460 calendar days) from the date of acceptance. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR § 200.309). Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR § 200.343). The period of performance end date shall not affect, relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 3. Unallowable Costs. The Sponsor shall not seek reimbursement for any costs that the FAA has determined to be unallowable under the CARES Act. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages only. 5. Final Federal Share of Costs. The United States’ share of allowable Grant costs is 100%. 6. Completing the Grant without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the Grant without undue delays and in accordance with this Grant Agreement, the CARES Act, and the regulations, policies, standards and procedures of the Secretary of Transportation (“Secretary”). Pursuant to 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months and request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this agreement and any addendum that may be attached hereto at a later date by mutual consent. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. AGENDA ITEM #6. e) 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before July 10, 2020, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner, including uses that violate this Grant Agreement, the CARES Act or other provision of applicable law. For the purposes of this Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement(s). The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this Grant Agreement. 11. System for Award Management (SAM) Registration And Universal Identifier Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any expense which funds are provided under this Grant. The Sponsor will include a provision implementing applicable Buy American statutory and regulatory requirements in all contracts related to this Grant Agreement. 15. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/ . Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. 16. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award AGENDA ITEM #6. e) Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting the entity is not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g. sub-contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity. 17. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to this Grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 18. Trafficking in Persons. A. You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not — 1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; 2. Procure a commercial sex act during the period of time that the award is in effect; or 3. Use forced labor in the performance of the award or subawards under the award. B. The FAA as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity – 1. Is determined to have violated a prohibition in paragraph A of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either— a. Associated with performance under this award; or AGENDA ITEM #6. e) b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),”as implemented by the FAA at 2 CFR Part 1200. 3. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A during this award term. 4. Our right to terminate unilaterally that is described in paragraph A of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and b. Is in addition to all other remedies for noncompliance that are available to the FAA under this award. 19. Employee Protection from Reprisal. A. Prohibition of Reprisals – 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (A)(2), information that the employee reasonably believes is evidence of: a. Gross mismanagement of a Federal grant; b. Gross waste of Federal funds; c. An abuse of authority relating to implementation or use of Federal funds; d. A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: a. A member of Congress or a representative of a committee of Congress; b. An Inspector General; c. The Government Accountability Office; d. A Federal office or employee responsible for oversight of a grant program; e. A court or grand jury; f. A management office of the grantee or subgrantee; or g. A Federal or State regulatory enforcement agency. 3. Submission of Complaint – A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint - A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 5. Required Actions of the Inspector General – Actions, limitations, and exceptions of the Inspector General’s office are established under 41 U.S.C. § 4712(b). 6. Assumption of Rights to Civil Remedy - Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c). AGENDA ITEM #6. e) 20. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or modify the terms of any Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the Sponsor and the FAA prior to the date of this Grant Agreement. SPECIAL CONDITIONS 1. ARFF and SRE Equipment and Vehicles. The Sponsor agrees that it will: A. House and maintain the equipment in a state of operational readiness on and for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle and equipment; C. Restrict the vehicle to on-airport use only; D. Restrict the vehicle to the use for which it was intended; and E. Amend the Airport Emergency Plan and/or Snow and Ice Control Plan to reflect the acquisition of a vehicle and equipment. 2. Equipment or Vehicle Replacement. The Sponsor agrees that it will treat the proceeds from the trade-in or sale of equipment being replaced with these funds as airport revenue. 3. Off-Airport Storage of ARFF Vehicle. The Sponsor agrees that it will: A. House and maintain the vehicle in a state of operational readiness for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle; C. Restrict the vehicle to airport use only; D. Amend the Airport Emergency Plan to reflect the acquisition of the vehicle; E. Within 60 days, execute an agreement with local government including the above provisions and a provision that violation of said agreement could require repayment of Grant funding; and F. Submit a copy of the executed agreement to the FAA. 4. Equipment Acquisition. The Sponsor agrees that it will maintain Sponsor-owned and -operated equipment and use for purposes directly related to the airport. 5. Utilities Proration. For purposes of computing the United States’ share of the allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to operate and maintain airport(s) included in the Grant must not exceed the percent attributable to the capital or operating costs of the airport. 6. Utility Relocation in Grant. The Sponsor understands and agrees that: A. The United States will not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs; B. FAA participation is limited to those utilities located on-airport or off-airport only where the Sponsor has an easement for the utility; and C. The utilities must serve a purpose directly related to the Airport. AGENDA ITEM #6. e) The Sponsor’s acceptance of this Offer and ratification and adoption of the Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the CARES Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Grant and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor’s acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION {{Sig_es_:signer1: signature}} (Signature) {{N_es_:signer1: fullname}} (Typed Name) {{*Ttl_es_:signer1: title}} (Title of FAA Official) AGENDA ITEM #6. e) PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Grant Application and incorporated materials referred to in the foregoing Offer under Part II of this Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct. Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} _________________________________________________________ City of Renton, Washington (Name of Sponsor) {{Sig_es_:signer2: signature}} (Signature of Sponsor’s Authorized Official) By: {{N_es_:signer2: fullname}} (Typed Name of Sponsor’s Authorized Official) Title: {{*Ttl_es_:signer2: title}} (Title of Sponsor’s Authorized Official CERTIFICATE OF SPONSOR’S ATTORNEY I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the CARES Act. The Sponsor understands funding made available under this Grant Agreement may only be used to reimburse for airport operational and maintenance expenses, and debt service payments. The Sponsor further understands it may submit a separate request to use funds for new airport/project development purposes, subject to additional terms, conditions, and assurances. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have AGENDA ITEM #6. e) reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. Dated {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} ____________________________________________________________ By: {{Sig_es_:signer3: signature}} (Signature of Sponsor’s Attorney) AGENDA ITEM #6. e) CARES ACT ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances are required to be submitted as part of the application by sponsors requesting funds under the provisions of the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act or “the Act”), Public Law Number, Public Law 116-136. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 2. Upon acceptance of this Grant offer by the sponsor, these assurances are incorporated into and become part of this Grant Agreement. B. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this Grant that: It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant including but not limited to the following: FEDERAL LEGISLATION a. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. b. Hatch Act – 5 U.S.C. 1501, et seq. c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq. d. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). e. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c. f. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. g. Clean Air Act, P.L. 90-148, as amended. h. Coastal Zone Management Act, P.L. 93-205, as amended. i. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a. j. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)). k. Rehabilitation Act of 1973 - 29 U.S.C. 794. l. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). m. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). n. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. AGENDA ITEM #6. e) o. American Indian Religious Freedom Act, P.L. 95-341, as amended. p. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq. q. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373. r. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. s. Copeland Anti-kickback Act - 18 U.S.C. 874.1. t. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. u. Wild and Scenic Rivers Act, P.L. 90-542, as amended. v. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. w. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. x. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 – Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction f. Executive Order 12898 - Environmental Justice g. Executive Order 13788 - Buy American and Hire American h. Executive Order 13858 - Strengthening Buy-American Preferences for Infrastructure Projects FEDERAL REGULATIONS a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. c. 2 CFR Part 1200 - Nonprocurement Suspension and Debarment. d. 28 CFR Part 35 - Discrimination on the Basis of Disability in State and Local Government Services. e. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. f. 29 CFR Part 1 - Procedures for predetermination of wage rates. g. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. AGENDA ITEM #6. e) h. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering Federally financed and assisted construction (also labor standards provisions applicable to non- construction contracts subject to the Contract Work Hours and Safety Standards Act). i. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally assisted contracting requirements). j. 49 CFR Part 20 - New restrictions on lobbying. k. 49 CFR Part 21 - Nondiscrimination in Federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. l. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Program .49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. m. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. n. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. o. 49 CFR Part 32 - Government-wide Requirements for Drug-Free Workplace (Financial Assistance). p. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA). q. 49 CFR Part 41 - Seismic safety of Federal and Federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. 1. Purpose Directly Related to the Airport It certifies that the reimbursement sought is for a purpose directly related to the airport. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this Grant, and to finance and carry out the proposed grant; that an official decision has been made by the applicant’s governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed Grant and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in AGENDA ITEM #6. e) connection with this application; and to provide such additional information as may be required. 3. Good Title. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 4. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with this Grant Agreement. c. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations, and the terms and conditions of this Grant Agreement. 5. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all Grant accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the Grant in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the Grant supplied by other sources, and such other financial records pertinent to the Grant. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the Grant in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 6. Exclusive Rights. The sponsor shall not grant an exclusive right to use an air navigation facility on which this Grant has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if— AGENDA ITEM #6. e) a. it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and b. allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport. 7. Airport Revenues. This Grant shall be available for any purpose for which airport revenues may lawfully be used. CARES Act Grant funds provided under this Grant Agreement will only be expended for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport(s) subject to this agreement and all applicable addendums. 8. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 9. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR Part 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other Federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other Federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a AGENDA ITEM #6. e) facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests for Proposals for work, or material under this Grant and in all proposals for agreements, including airport concessions, regardless of funding source: “The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” d. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a AGENDA ITEM #6. e) covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, grant, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, grant, or program. e. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. f. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 10. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any activity that uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 11. Acquisition Thresholds. The FAA deems equipment to mean tangible personal property having a useful life greater than one year and a per-unit acquisition cost equal to or greater than $5,000. Procurements by micro-purchase means the acquisition of goods or services for which the aggregate dollar amount does not exceed $10,000. Procurement by small purchase procedures means those relatively simple and informal procurement methods for securing goods or services that do not exceed the $250,000 threshold for simplified acquisitions. AGENDA ITEM #6. e) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A PUBLIC HEALTH EMERGENCY RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A FUNDING PROGRAM AND IMPLEMENTATION PLAN FOR THE CITY OF RENTON’S CARES ACT RELIEF FUNDS. WHEREAS, due to the COVID-19 public health emergency, the U.S. Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136 (“CARES Act”), which provides funding to assist individuals, businesses, and governments in responding to COVID-19; these funds are administered by the U.S. Treasury Department; and WHEREAS, the U.S. Treasury Department has provided six (6) categories of primary allowable expense categories for CARES Act funds: medical; public health; payroll; COVID-19 public health compliance measures; small business economic support; and other expenses necessary to the function of government; and WHEREAS, for Washington cities under 500,000 in population such as Renton, CARES Act funds are distributed via the State of Washington which has awarded the City of Renton $3,141,000 in funding based on its population; and WHEREAS, the City Council desires to establish a funding program and implementation plan that utilizes the City’s CARES Act funds for City-direct expenses; a small business support program; and a rental assistance and human services support program; and WHEREAS, in order to receive the CARES Act funds allocated to the City, the Mayor and City Clerk must enter into an interagency agreement with the State of Washington Department of Commerce; and AGENDA ITEM # 8. a) RESOLUTION NO. _______ 2 WHEREAS, the City and the State of Washington Department of Commerce are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into such interagency agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. Establishment of a Funding Program Known as the City of Renton CARES Act Relief Fund Program. The Mayor or designee is directed to establish a funding program entitled the “CARES Act Relief Fund Program” in an amount equal to the $3,141,000 to be distributed to the City of Renton by Washington State in CARES Act relief funding and denote as such in the accounting records of the City. These funds shall be allocated and utilized to support the following programs hereby authorized: 1. City-Direct COVID-19 Response Program; 2. Small Business Support Program; and 3. Rental Assistance and Human Services Support Program. SECTION II. Implementation Plan. A. The City’s CARES Act relief funds shall be utilized for expenditures through October 31, 2020 (unless another date is established) that are allowed pursuant to the CARES Act and guidance issued by the U.S. Treasury Department. B. The City Council authorizes the Mayor or designee to execute any and all agreements and related documentation necessary to receive full and complete reimbursement of the City’s allowable CARES Act fund expenditures distributed under its CARES Act Relief Fund Program, including but not limited to an interagency agreement with the State of Washington AGENDA ITEM # 8. a) RESOLUTION NO. _______ 3 Department of Commerce regarding the Coronavirus Relief Fund for Local Governments attached hereto as Exhibit “A” and incorporated by this reference (the “Interagency Agreement”). C. The City Council authorizes the Mayor or designee to negotiate and execute any and all contracts and/or purchase orders with third-party vendors, organizations, and other persons and entities to distribute the City’s CARES Act relief funds as provided for in this Resolution. D. In compliance with CARES Act requirements and the Interagency Agreement, the Mayor or designee is directed to develop, implement, and operate the City-Direct COVID-19 Response Program for reimbursement of eligible City expenditures. E. In compliance with CARES Act requirements and the Interagency Agreement, the Mayor or designee is directed to develop an application process for the Small Business Support Program, including establishing eligibility criteria, and to implement and operate the Small Business Support Program. All such actions may be performed directly or through one or more third-party contractors. E. In compliance with CARES Act requirements and the Interagency Agreement, the Mayor or designee is directed to develop a funding distribution methodology for the Rental Assistance and Human Services Support Program, including establishing eligibility criteria, and to implement and operate the Rental Assistance and Human Services Support Program. All such actions may be performed directly or through one or more third-party contractors. SECTION III. Communication. The Mayor or designee shall implement a communications plan to broadly disseminate the availability of CARES Act relief funds to City of Renton businesses, human services providers, and any other potential funding-eligible entities. AGENDA ITEM # 8. a) RESOLUTION NO. _______ 4 SECTION IV. Reporting. The Mayor or designee shall provide a report at the first regularly scheduled meeting of the City Council each month regarding utilization of the CARES Act relief funds in the prior month. Such report shall include the businesses, human services providers, and any other entities that received funding. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2020. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2020. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES.1847:6/15/2020 AGENDA ITEM # 8. a) RESOLUTION NO. _______ 5 EXHIBIT “A” WASHINGTON STATE DEPARTMENT OF COMMERCE INTERAGENCY AGREEMENT WITH CITY OF RENTON THROUGH THE CORONAVIRUS RELIEF FUND FOR LOCAL GOVERNMENTS AGENDA ITEM # 8. a) Interagency Agreement with City of Renton through the Coronavirus Relief Fund for Local Governments For Costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period of March 1, 2020 thru October 31, 2020. Start date: March 1, 2020 AGENDA ITEM # 8. a) ii TABLE OF CONTENTS Special Terms and Conditions 1. Authority…………………………………………………………………………………..1 2. Acknowledgement of Federal Funding………………………………………………..1 3. Contract Management ........................................................................................... 1 4. Compensation ........................................................................................................ 1 5. Expenses…………………………………………………………………………………1 6. Indirect Costs…………………………………………………………………………….1 7. Billing Procedures and Payment ............................................................................ 1 8. Audit……………………………………………………………………………………….2 9. Debarment…………………………….………………………………………………….3 10. Laws ....................................................................................................................... 3 11. Order of Precedence .............................................................................................. 4 General Terms and Conditions 1. Definitions .............................................................................................................. 5 2. All Writings Contained Herein ................................................................................ 5 3. Amendments .......................................................................................................... 5 4. Assignment ............................................................................................................ 5 5. Confidentiality and Safeguarding of Information .................................................... 5 6. Copyright................................................................................................................ 6 7. Disputes ................................................................................................................. 6 8. Governing Law and Venue .................................................................................... 6 9. Indemnification ....................................................................................................... 7 10. Licensing, Accreditation and Registration ............................................................. 7 11. Recapture .............................................................................................................. 7 12. Records Maintenance ............................................................................................ 7 13. Savings .................................................................................................................. 7 14. Severability ............................................................................................................ 7 15. Subcontracting ....................................................................................................... 7 16. Survival .................................................................................................................. 8 17. Termination for Cause ........................................................................................... 8 18. Termination for Convenience................................................................................. 8 19. Termination Procedures ........................................................................................ 8 20. Waiver .................................................................................................................... 9 Attachment A, Scope of Work ................................................................................................... 10 Attachment B, Budget & Invoicing ............................................................................................. 12 Attachment C, A-19 Certification ................................................................................................ 13 Attachment D, A-19 Activity Report ........................................................................................... 15 AGENDA ITEM # 8. a) FACE SHEET iii Contract Number: 20-6541C-300 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 1. Contractor 2. Contractor Doing Business As (optional) City of Renton 1055 S Grady Way Renton, Washington 98057-3232 3. Contractor Representative 4. COMMERCE Representative Kari Roller Fiscal Services Director (425) 430-6931 kroller@rentonwa.gov Chuck Hunter Project Manager (360) 764-3312 Fax 360-586-5880 chuck.hunter@commerce.wa.gov P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $3,141,000.00 Federal: X State: Other: N/A: March 1, 2020 October 31, 2020 9. Federal Funds (as applicable) $3,141,000.00 Federal Agency: CFDA Number: US Dept. of the Treasury 21.019 Indirect Rate (if applicable): 10.00% 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # XXXXXXXXXXXXXX SWV0012200-11 999999999 N/A 14. Contract Purpose To provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID -19) during the period of March 1, 2020 thru October 31, 2020. Final invoices must be received by November 15, 2020. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment “A” – Scope of Work, Attachment “B” – Budget & Invoicing, Attachment “C” – A-19 Certification, Attachment “D” – A-19 Activity Report FOR CONTRACTOR FOR COMMERCE Armondo Pavone, Mayor Date Mark K. Barkley, Assistant Director, Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 05-01-2020. APPROVAL ON FILE. AGENDA ITEM # 8. a) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 1 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OF FEDERAL FUNDS Funds under the Contract are made available and are subject to Section 601(a) of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and Title V and VI of the CARES Act. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: “This project was supported by a grant awarded by US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund thru the Washington State Department of Commerce.” 3. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 4. COMPENSATION COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work (Attachment A). 5. EXPENSES Contractor shall receive reimbursement for allowable expenses as identified in the Sco pe of Work (Attachment A) or as authorized in advance by COMMERCE as reimbursable. Travel expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 6. INDIRECT COSTS Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 7. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If the Contractor has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19 form may be provided by the COMMERCE Project Manager upon request. AGENDA ITEM # 8. a) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 2 The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final voucher shall be submitted to COMMERCE no later than November 15, 2020. COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as set forth under the Scope of Work (Attachment A) and Budget & Invoicing (Attachment B). The invoice shall include the Contract Number as stated on the Face Sheet. Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report (Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify and attest all expenditures submitted on the voucher are in compliance with the United States Treasury Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local- and-Tribal-Governments.pdf The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a detailed breakdown of the expenditures within each applicable budget sub-category identified in the voucher, as well as a report of expenditures to date. COMMERCE will not release payment for an y reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received. After approving the Invoice Voucher, A-19 Certification and Activity Report, COMMERCE shall promptly remit a warrant to the Contractor. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwise inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on disallowed costs. 8. AUDIT Contractor shall maintain internal controls provid ing reasonable assurance it is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; and prepare appropriate financial statements, in cluding a schedule of expenditures of federal awards. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: AGENDA ITEM # 8. a) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 3 A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation to auditreview@commerce.wa.gov. 9. DEBARMENT A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligib le, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lowe r tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor further agrees by signing this Contract that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,” as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract, such contractor shall attach an explanation to this Contract. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 10. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: AGENDA ITEM # 8. a) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 4 United States Laws, Regulations and Circulars (Federal) Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Award, 2 CFR 200, Subpart F – Audit Requirements. Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation. Contractor shall comply with Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. 11. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions Attachment A – Scope of Work Attachment B – Budget & Invoicing Attachment C – A-19 Certification Attachment D – A-19 Activity Report AGENDA ITEM # 8. a) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 5 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. ”State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. AGENDA ITEM # 8. a) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 6 COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Co ntract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the s tate of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. AGENDA ITEM # 8. a) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 7 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payment s due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly a uthorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they AGENDA ITEM # 8. a) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 8 relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. Contractor shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontr act operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the rep lacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree AGENDA ITEM # 8. a) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS State of Washington Interagency Agreement Version 072019 Department of Commerce Page 9 with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the exten t the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. AGENDA ITEM # 8. a) Attachment A State of Washington Interagency Agreement Version 072019 Department of Commerce Page 10 Scope of Work This funding is made available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and Section V and VI of the CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); AND 2. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government. These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the US Treasury’s December 30, 2020 end date, the State of Washington must closeout contracts by October 31, 2020. All final requests for reimbursement must be received no later than November 15, 2020. Expenditures must be used for necessary actions taken to respond to the public health emergency. These may include expenditures incurred to allow the local government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second - order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. Payments may be used only to cover costs not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either: 1. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR 2. The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The “most recently approved” budget is the enacted budget for the relevant fiscal period for the particular government. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Allowable expenditures include, but are not limited to : 1. Medical expenses such as: a. COVID-19-related expenses of public hospitals, clinics, and similar facilities. b. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. c. Costs of providing COVID-19 testing, including serological testing. d. Emergency medical response expenses, including emergency medical transportation, related to COVID-19. e. Expenses for establishing and operating public telemedicine capabilities for COVID -19-related treatment. 2. Public health expenses such as: AGENDA ITEM # 8. a) Attachment A State of Washington Interagency Agreement Version 072019 Department of Commerce Page 11 a. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. b. Expenses for acquisition and distribution of medical and protective supplies, in cluding sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in com munity settings, and other public health or safety workers in connection with the COVID-19 public health emergency. c. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID - 19-related threats to public health and safety. e. Expenses for public safety measures undertaken in response to COVID-19. f. Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID - 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: a. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. b. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. c. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. d. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. e. COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. f. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: a. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. b. Expenditures related to a State, territorial, local, or Tribal government payroll support program. c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria. AGENDA ITEM # 8. a) Attachment B State of Washington Interagency Agreement Version 072019 Department of Commerce Page 12 Budget & Invoicing The Contractor shall determine the appropriate budget and use of funds within the following 6 budget categories and their sub-categories: 1. Medical 2. Public Health 3. Payroll 4. Actions to Comply with Public Health Measures 5. Economic Support 6. Other Covid-19 Expenses The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the Commerce Contract Management System’s (CMS) Online A-19 Portal. Each reimbursement request must include: 1. A-19 Certification form – An authorized party of the local government will certify each invoice (A19) submitted for reimbursement and attest that all incurred expenditures meet the US Treasury Department’s guidance: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund- Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf 2. A-19 Activity Report 3. A detailed breakdown of the expenditures incurred within each applicable budget sub -category on the A-19 Activity Report. The A-19 Certification and Activity Report templates will be provided with the executed contract. The documents are included in Attachment C and Attachment D for reference. Receipts and proof of payment for costs incurred do not need to be submitted with A-19s. All contractors are required to maintain accounting records in accordance with state and federal laws. Records must be sufficient to demonstrate the funds have been used in accordance with section 601(d) of the Social Security Act. Commerce reserves the right to audit any costs submitted for reimbursement. The Contractor shall comply with Commerce A-19 audits and provide the appropriate records upon request. AGENDA ITEM # 8. a) Attachment C State of Washington Interagency Agreement Version 072019 Department of Commerce Page 13 AGENDA ITEM # 8. a) Attachment C State of Washington Interagency Agreement Version 072019 Department of Commerce Page 14 AGENDA ITEM # 8. a) Attachment D State of Washington Interagency Agreement Version 072019 Department of Commerce Page 15 AGENDA ITEM # 8. a) Attachment D State of Washington Interagency Agreement Version 072019 Department of Commerce Page 16 AGENDA ITEM # 8. a)