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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, September 21, 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. Audience comments will be accommodated through Zoom, but the public is requested to sign up for such testimony by calling 425-430-6501 or emailing cityclerk@rentonwa.gov or jmedzegian@rentonwa.gov by 10 a.m. on the day of the meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. 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) 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 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. 1. CALL TO ORDER 2. ROLL CALL 3. PROCLAMATION a) GEAR UP Week - September 21 - 25, 2020 b) Diaper Need Awareness Week - September 21 - 27, 2020 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 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 September 14, 2020. Council Concur b) AB - 2709 Administrative Services Department recommends hiring a Finance Analyst II position at Step D of salary grade n13, effective September 16, 2020. Refer to Finance Committee c) AB - 2712 Administrative Services Department recommends approving amendments to Public Emergency Resolution No. 4411 to expand the CARES Act Relief Fund, and approve an amendment to CAG-20-124, with the Washington State Department of Commerce, which expands the program by adding an additional $1,570,500 bringing the total grant to $4,711,500 and extending the dates during which the funds can be spent to November 30, 2020. Council Concur d) AB - 2678 Community & Economic Development Department recommends approval of an agreement with King County to accept up to $159,903 in grant funds, to be used as City internal operational expenditures, City direct expenditures for eligible small businesses, or as pass-through grants for eligible small businesses in Renton to reimburse the costs of business interruptions caused by required COVID-19 closures. Refer to Finance Committee e) AB - 2706 Police Department recommends executing the Asset Forfeiture Sharing Memorandum of Understanding with the U.S. Department of Justice, Drug Enforcement Administration (DEA), which allows the department to receive an equitable share of profits from qualified drug related cases in return for providing one commissioned police officer to work full time as a member of the Seattle Enforcement Group D-20 Task Force (VNET). Council Concur f) AB - 2707 Police Department recommends executing the HIDTA State and Local Task Force Agreement with the U.S. Department of Justice, Drug Enforcement Administration (DEA) in order to loan one commissioned police officer to the Seattle Enforcement Group D-22 Task Force (VNET) for a period of not less than two years. Council Concur g) AB - 2708 Police Department recommends executing an agreement with the U.S. Department of Justice agreeing to comply with the certifications regarding lobbying; debarment, suspension and other responsibility matters; and drug-free workplace requirements as it relates to HIDTA State and Local Task Force Agreement (VNET) and the DEA Asset Forfeitures Sharing Memorandum of Understanding. Council Concur 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) Utilities Committee: Stormwater Facility Retrofit Study 8. LEGISLATION Ordinance for second and final reading: a) Ordinance No. 5980: Stream Reclass Ordinance (D-171 - Docket 14, Group E) - (First Reading 9/14/2020) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) CANCELLED 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 ArmondoPavoneMayorProctamation‘14)fiereas,theGainingEarlyAwarenessandReadinessforUndergraduatePrograms(GEARUP)isafederallyfundedprogramdesignedtoincreasethenumberofstudentswhostayinschoolandsucceedinpost-secondaryeducation;andWfiereas,GEARUPfocusesonstudentsfromlow-incomeandunderservedcommunitieswhomightbethefirstpersonintheirfamilytogotocollege;and‘T41fiereas,GEARUPprovidessix-orseven-yeargrantstostatesorpartnershipstodeliversupportandresourcestostudentsandtheirfamilies,startingnolaterthanthe7thgradethroughhighschoolandonwardtoattainingapost-secondaryeducation;andfrt)fiereas,GEARUPincludesinterventionssuchastutoring,mentoring,academicpreparationandfinancialeducationtoimproveaccessandsuccessinhighereducation;and‘14”fiereas,GEARUPAchieversservesapproximately4,500studentsin8thand9thgradeinfourdifferentSouthKingCountyDistricts,with1,973studentsservedfromtheRentonSchoolDistrict;andWfiereas,theCityofRentonunderstandsthataqualityeducationforallstudentshelpsthemachievetheirhighestpotential;Wow,tfierefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimSeptember21-25,2020,tobegEVPWee1QintheCityofRenton,andIencourageallmembersofthecommunitytojoinmeinthisspecialobservation.InwitnesswfiereqfIhavehereuntosetmyhandandcausedthesealoftheofRentontobeaffixedthis21stdayofSeptember,2020.Pavone,MayorCityofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) ArmondoPavoneMayorWhereas,diaperneed,theconditionofnothavingasufficientsupplyofcleandiapers,canadverselyaffectthehealthandwell-beingofbabies,toddlers,andtheirfamilies;andWhereas,nationalsurveysandresearchstudiesreportthatoneinthreefamiliesstruggleswithdiaperneedand48percentoffamiliesdelaychangingadiapertoextendtheirsupply;andWhereas,childrengothroughsixtotwelvediaperseachdayandwithoutenoughdiapers,babiesandtoddlersriskinfectionsandhealthproblems;andfrj)hereas,purchasingenoughdiaperstokeepababyortoddlerclean,dry,andhealthycanconsume14percentofalow-wagefamily’spost-taxincome,makingitdifficulttoobtainasufficientsupply;andW’hereas,thepeopleofRentonrecognizediaperneedasapublichealthissue,disproportionatelyharmingblackfamilies,indigenousfamilies,andfamiliesofcolor,andacknowledgethataddressingdiaperneedwillleadtomoreequitableeconomicopportunitiesandimprovedhealthforallchildren;andWhereas,Rentonisproudtobehometotrustedcommunity-basedorganizationsthatrecognizetheimportanceofdiapersinensuringhealthandprovidingeconomicstabilityforfamiliesandthusdistributediaperstofamiliesthroughvariouschannels;andfrtlhereas,WestSideBabyandEastsideBabyCornerservedonthefrontlinesofRenton’sCOVID-19pandemicresponse,helpingfamiliesinourcommunitiesweatherthecrisis;and‘Whereas,wethanktheaforementioneddiaperbanks,theirstaff,volunteersanddonors,fortheircourageousserviceduringthecrisis;Wow,therefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimSeptember21-27,2020,tobe(Diaper%Ateec(YIwarenessWeekintheCityofRenton,andIencouragetheRentoncommunitytodonategenerouslytodiaperbanks,diaperdrives,andorganizationsthatcollectanddistributediapers.InwitnesswhereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis21stdayofSeptember,2020.ProctamationArmondoPavone,MayorCityofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonvJo’,AGENDA ITEM #3. b) September 14, 2020 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, September 14, 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 Leslie Clark, Senior Assistant City Attorney Jason Seth, City Clerk Julia Medzegian, Council Liaison Kristi Rowland, Organizational Development Manager Shane Moloney, City Attorney Jan Hawn, Administrative Services Administrator Kelly Beymer, Community Services Administrator Chip Vincent, Community & Economic Development Administrator Martin Pastucha, Public Works Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Ron Straka, Utilities Systems Director Vanessa Dolbee, Planning Director Doug Levy, Chief Rick Marshall, Renton Regional Fire Authority AGENDA ITEM #6. a) September 14, 2020 REGULAR COUNCIL MEETING MINUTES Chief Ed VanValey, Police Department Administrator Commander Dan Figaro, Police Department (All City staff attended remotely except City Clerk Seth) PROCLAMATION a) National Recovery Month - September: A proclamation by Mayor Pavone was read declaring September 2020 to be National Recovery Month in the City of Renton, encouraging all members of the community to join in this special observation. LaTonya Rogers, King County Behavioral Health and Recovery Division, accepted the proclamation with appreciation. MOVED BY PÉREZ, SECONDED BY CORMAN, 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: • On Wednesday, September 9, the Renton History Museum reopened with limited hours and limited capacity, consistent with the Governor's Safe Start Plan. The Museum will be open Wednesdays through Fridays, 10 a.m. to 4 p.m., until further notice, with masks and social distancing required. Admission will be by donation for the month of September. The Museum reopens with two new exhibits: the Smithsonian Institution's Hometown Teams exhibit and a special exhibit on Renton's Sporting Triumphs. Both exhibits will be on display until Saturday, October 17. Please call 425-255-2330 or email rentonhistorymuseum@rentonwa.gov to make a reservation, and watch our Facebook, Twitter, and Instagram feeds for more information. • Public Health - Seattle & King County has opened a free COVID-19 testing site at 805 SW 10th Ave. in Renton. The site is open Monday to Saturday, from 8:30 a.m. to 5:30 p.m. Make sure to register for an appointment (https://www.healthpointchc.org/health-services/covid-19-testing/community- testing). If you need assistance, call the King County COVID-19 Call Center from 8 a.m. to 7 p.m., seven days a week: 206-477-3977. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Rev. Dr. Linda Smith, Renton, spoke about prioritizing anti-racism in the upcoming budget cycle. She asked that barriers for people of color be removed so they can move up in society. • Joseph Todd, Renton, demanded the following priorities in the next budget cycle: 1) Create an Equity and Empowerment Commission that reports annually to Council, 2) Hire at least 50% people of color, and contract with at least 50% people of color- owned businesses, and 3) Establish $10,000,000 for anti-racist investments and another $10,000,000 to address mental health needs in the community. AGENDA ITEM #6. a) September 14, 2020 REGULAR COUNCIL MEETING MINUTES • Mike Battin, Renton, expressed appreciation to the Mayor and Council for how they have handled the many crises affecting the community, and asked that no radical policy changes be made. • PreAnnia Smith, Renton, emphasized the need for a Black Lives Matter mural in Renton. She also read an excerpt from Jacob Blake's sister regarding his shooting by police. She noted that police and justice reform are needed, and a Black Lives Matter mural would reinforce the City's commitment to making change. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Special Meeting minutes of August 31, 2020. Council Concur. b) AB - 2703 Mayor Pavone appointed Ms. Amelia Ossorio to the Renton Municipal Arts Commission as a youth member, with a term expiring December 31, 2023. Refer to Planning & Development Committee. c) AB - 2702 City Clerk reported the bid results for the September 1, 2020 bid opening for the Kennydale Reservoir Schedule C - Offsite Improvements project; and submitted the staff recommendation to award the contract to lowest responsive and responsible bidder, PGH Excavating, Inc., in the amount of $806,316.50 (including sales tax). Council Concur. d) AB - 2689 Community & Economic Development Department recommended adopting the Capital Facilities Plans for the Renton, Kent, and Issaquah School Districts and approve the collection of the requested impact fees as follows: Renton: Single family $7,681 (increase of $819); Multi-family $4,989 (increase of $1,407); Kent: Single Family $5,692.85 (increase of $138.85); Multi-family $2,404.63 (increase of $59.63); Issaquah: Single family $18,213 (increase of $3,712); Multi-family $12,043 (increase of $2,460). Refer to Planning & Development Committee. e) AB - 2701 Community & Economic Development Department recommended approval and ratification of Amendment No. 1 to Standstill Agreement with DevCo, extending the Standstill Agreement to October 1, 2020, in order to attempt, in good faith, to negotiate a longer-term amendment creating a pathway for agreements regarding the Solera project. Council Concur. f) AB - 2696 Community & Economic Development Department recommended setting a public hearing on October 19, 2020 to solicit public comment regarding the City's proposed allocation and use of the 2021 Community Development Block Grant (CDBG) funds, estimated at $713,229. Council Concur; Set Public Hearing on October 19, 2020. g) AB - 2697 Community Services Department recommended authorizing execution of a contract with Landscape Structures, Inc., in the amount of $589,852.67, for the Coulon Park Play Equipment Replacement project; and authorization to accept an amount not to exceed $60,000 of Charles L. Custer Renton Park Memorial Fund monies, and authorization to adjust the project budget accordingly. Refer to Finance Committee. h) AB - 2699 Police Department requested authorization to hire lateral police officer Grozav at Step D of the pc59 salary grade, effective upon hiring date. Refer to Finance Committee. i) AB - 2695 Police Department requested authorization to hire lateral police officer Jibril at Step D of the pc59 salary grade, effective upon hiring date. Refer to Finance Committee. AGENDA ITEM #6. a) September 14, 2020 REGULAR COUNCIL MEETING MINUTES j) AB - 2698 Transportation Systems Division recommended approval of the annual updates to the 2021-2026 Six-Year Transportation Improvement Program (TIP); and authorization to set a public hearing on October 5, 2020 to solicit public comments regarding the updates to the 2021-2026 Six-Year TIP. Refer to Transportation (Aviation) Committee; Set Public Hearing on October 5, 2020. MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Finance Committee Chair Prince presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $34,602,357.14 for vouchers, 10180-10181, and 386268-386269, 386279-386440; payroll benefit withholding vouchers 6358-6360, 6362-6369, 10182-10185, 386270-386278 and eight wire transfers. 2. Payroll – total payment of $1,508,723.31 for payroll vouchers that include 579 direct deposits. (08/01/20-08/15/20 pay period). MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Prince presented a report concurring in Transportation (Aviation) Committee and staff recommendation to authorize the Mayor and City Clerk to execute Supplement No. 1 to Local Agency Agreement CAG-19-306 with the Washington State Department of Transportation to obligate $662,605 in grant funds for the Renton Elementary and Middle School Crossings Project. MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Ordinance for first reading: a) Ordinance No. 5980: An ordinance was read reclassifying pursuant to Renton Municipal Code Section 4-3-050.E.5 two portions of Maplewood Creek from Type Np to Type F and a portion of Kennydale Creek from Type Ns to Type Np, providing for severability, and establishing an effective date. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. Ordinances for second and final reading: b) Ordinance No. 5978: An ordinance was read granting to Extenet Systems, Inc., and its affiliates, successors and assigns, the right, privilege, authority and nonexclusive franchise for five (5) years, to construct, maintain, operate, replace and repair a telecommunications network for small cell technology, in, across, over, along, under, through and below certain designated public rights-of-way of the City of Renton, Washington. MOVED BY O'HALLORAN, SECONDED BY BENEDETTI, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. AGENDA ITEM #6. a) September 14, 2020 REGULAR COUNCIL MEETING MINUTES c) Ordinance No. 5979: An ordinance was read amending Section 4-3-040 of the Renton Municipal Code, amending regulations related to the Automall District, adopting a revised Automall Overlay Area B Map, providing for severability, and establishing an immediate effective date. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. EXECUTIVE SESSION & ADJOURNMENT MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS WITH LEGAL COUNSEL MATTERS OF POTENTIAL LITIGATION PURSUANT TO RCW 42.30.110(1)(i). Time: 7:29 The Council meeting adjourned when the executive session adjourned. Time: 8:38 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 14 Sep 2020 AGENDA ITEM #6. a) Council Committee Meeting Calendar September 14, 2020 September 21, 2020 Monday 3:00 PM Utilities Committee, Chair O’Halloran - VIDEOCONFERENCE 1. Stormwater Retrofit Study 2. Utilities CIP Briefing 3. Emerging Issues in Utilities CANCELED Transportation Committee, Chair McIrvin 4:00 PM Parliamentary Procedure Training, Chair Pérez – VIDEOCONFERENCE 1. Jurassic Parliament with Ann Mcfarlane CANCELED Committee of the Whole, Chair Pérez 7:00 PM City Council Meeting, Chair Pérez – VIDEOCONFERENCE AGENDA ITEM #6. a) AB - 2709 City Council Regular Meeting - 21 Sep 2020 SUBJECT/TITLE: Compensate Keith Shirey as Finance Analyst II (grade n13) Position at Step D RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Administrative Services Department STAFF CONTACT: Jen Hughes, Financial Operations Manager EXT.: 6935 FISCAL IMPACT SUMMARY: This position was budgeted at a step C for the 2020 budget year. However, this position has been vacant since February 16, 2020, therefore, there is no budget impact. SUMMARY OF ACTION: Finding a qualified candidate for the vacant Payroll position has proven to be difficult. After two rounds of application reviews and interviews, we finally found a highly competent, team and customer service oriented candidate. Keith Shirey comes to us with a bachelor’s degree and 25 years of accounting/payroll experience including prior government payroll processing. Through the interview process, Keith stood out from all of the other candidates and he received remarkable reviews from his most recent supervisors. If hired, Keith would bring much experience and talent to the Finance Division. It is our opinion that we will not be able to find an individual more suited by background, skills and abilities to fill this position. Keith will be filling the open Finance Analyst II – payroll position. This position was budgeted at a step C for the 2020 budget year, however this position has been vacant since February 16, 2020, therefore, there is no budget impact. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Authorize staff to offer Keith Shirey the Finance Analyst II (grade n13) position, Step D, effective September 16, 2020. AGENDA ITEM #6. b) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:September 14, 2020 TO:Ed Prince, Committee Chair Members of Finance Committee VIA:Armondo Pavone, Mayor FROM:Jan Hawn, Administrative Services Administrator STAFF CONTACT:Jen Hughes, Financial Operations Manager SUBJECT:Hire Vacant Finance Analyst II (grade n13) Position at Step D BACKGROUND The Council approved the request to reorganize the Finance Division on February 16, 2020; this reorganization included an addition of a Finance Analyst II – payroll position. ISSUE Finding a qualified candidate for the vacant Payroll position has proven to be difficult. After two rounds of application reviews and interviews, we finally found a highly competent, team and customer service oriented candidate. Keith Shirey comes to us with a bachelor’s degree and 25 years of accounting/payroll experience including prior government payroll processing. Through the interview process, Keith stood out from all of the other candidates and he received remarkable reviews from his most recent supervisors. If hired, Keith would bring much experience and talent to the Finance Division. It is our opinion that we will not be able to find an individual more suited by background, skills and abilities to fill this position. Keith will be filling the open Finance Analyst II – payroll position. This position was budgeted at a step C for the 2020 budget year, however this position has been vacant since February 16, 2020, therefore, there is no budget impact. RECOMMENDATION We recommend that the City Council authorizes staff to offer Keith Shirey the Finance Analyst II (grade n13) position, Step D, effective September 16, 2020. AGENDA ITEM #6. b) AB - 2712 City Council Regular Meeting - 21 Sep 2020 SUBJECT/TITLE: Department of Commerce Interagency Agreement Amendment - CARES Funding RECOMMENDED ACTION: Council Concur DEPARTMENT: Administrative Services Department STAFF CONTACT: Kari Roller, Fiscal Services Director EXT.: x6931 FISCAL IMPACT SUMMARY: The revenue and offsetting expenditures will be increased by the additional $1,570,500, bringing the total grant to $4,711,500. SUMMARY OF ACTION: The State awarded CARES Act Coronavirus Relief funds to local governments not eligible to receive a direct allocation from the US Treasury Department. Renton's award was originally $3,141,000. The State recently announced an amendment to expand the time frame the funds can be spent to November 30, 2020 and has also increased the award to the City by $1,570,500 for a total grant award of $4,711,500. Staff is recommending the City's additional funds be used in the manner shown below. • $570,500 for City direct COVID-19 Response Program; and • $1,000,000 for a Human Services Support Program focusing on rental and food assistance and other human service needs. The City will look to maximize the Relief Funds to ensure full use of the funding, so final recipi ents, allocations, and expenditures in total or by category may vary as Administration finalizes and implement the program. Staff recommends that Council move to authorize the Mayor to agree to the amendment of the Interagency Agreement with the Washington Department of Commerce. EXHIBITS: A. Issue Paper B. ILA Amendment STAFF RECOMMENDATION: Administrative Services Department recommends that the City Council adopt amendments to Public Emergency Resolution No. 4411 to expand the CARES Act Relief Fund and authorize the Mayor to agree to the amendment of the Interagency Agreement with the Washington State Department of Commerce which expands the program by adding an additional $1,570,500 bringing the total grant to $4,711,500 and extending the dates during which the funds can be spent to November 30, 2020. AGENDA ITEM #6. c) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:September 16, 2020 TO:Ruth Pérez, Council President Members of the Renton City Council VIA:Armondo Pavone, Mayor FROM:Jan Hawn, Administrative Services Administrator x6858 SUBJECT:Authorizing the Mayor to Enter into an Amendment for the Interagency Agreement with the Washington State Department of Commerce for Coronavirus Relief Funds ISSUE: Should Council adopt amendments to Public Emergency Resolution No. 4411 to expand the CARES Act Relief Fund by authorizing the Mayor to agree to the amendment of the Interagency Agreement with the Washington State Department of Commerce by increasing the total award to $4,711,500 and extending the date to November 30, 2020? RECOMMENDATION: Staff recommends that Council move to authorize the Mayor to agree to the amendment of the Interagency Agreement with the Washington State Department of Commerce which expands the program by adding an additional $1,570,500, bringing the total grant to $4,711,500 and extending the dates during which the funds can be spent to November 30, 2020. 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 legislative actions in response to this emergency. 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. c) Ruth Pérez, Council President Members of the Renton City Council Page 2 of 2 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. 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. 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. This agreement has since been amended to expand the timeframe the funds can be spent to November 30, 2020 and has also increased the award to the City by $1,570,500 fora new total grant award of $4,711,500. Staff is recommending the City’s $1,570,500 in additional CARES Act Relief Funds be allocated in the manner shown below. $570,500 for City direct COVID-19 Response Program; and $1,000,000 for a Human Services Support Program focusing on rental and food assistance and other human service needs. 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. CONCLUSION: Staff recommends that Council move to authorize the Mayor to agree to the amendment of the Interagency Agreement with the Washington State Department of Commerce which expands the program by adding an additional $1,570,500 bringing the total grant to $4,711,500 and extending the dates during which the funds can be spent to November 30, 2020. AGENDA ITEM #6. c) Amendment Department of Commerce Contract Number: 20-6541C-300 Amendment Number: A 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 (only if updated) 4. COMMERCE Representative (only if updated) Kari Roller Fiscal Services Director (425) 430-6931 kroller@rentonwa.gov Tryg Hoff Project Manager (360) 725-2779 Fax 360-586-5880 tryg.hoff@commerce.wa.gov PO Box 42525 1011 Plum St SE Olympia, WA 98504-2525 5. Original Contract Amount (and any previous amendments) 6. Amendment Amount 7. New Contract Amount $3,141,000.00 $1,570,500.00 $4,711,500.00 8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date Federal: X State: Other: N/A: Date of Execution November 30, 2020 11. Federal Funds (as applicable): $4,711,500.00 Federal Agency: US Dept. of the Treasury CFDA Number: 21.019 12. Amendment Purpose: To provide additional funding 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 November 30, 2020. Final invoices must be received by December 15, 2020. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget & Invoicing, Attachment “C” – A-19 Certification, Attachment “D” – A-19 Activity Report. A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor. Any reference in the original Contract to the “Contract” shall mean the “Contract as Amended”. FOR CONTRACTOR FOR COMMERCE Armondo Pavone, Mayor Date Mark K. Barkley, Assistant Director, Local Government Div Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date AGENDA ITEM #6. c) Amendment 2 This Contract is amended as follows: Contract amount has been increased by $1,570,500.00. Contract end date has been extended from October 31, 2020 to November 30, 2020. Final reimbursement request must be received by December 15, 2020. ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. AGENDA ITEM #6. c) AB - 2678 City Council Regular Meeting - 21 Sep 2020 SUBJECT/TITLE: King County Coronavirus Relief Fund Subrecipient Grant Agreement RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Cliff Long, Economic Development Director EXT.: 6591 FISCAL IMPACT SUMMARY: The King County Coronavirus Relief Fund would provide up to $159,903 in funds that would be used as outlined in the Subrecipient Grant Agreement, which may include: •City internal operational expenditures •City direct expenditures for small businesses •Passthrough grants to small businesses to reimburse the costs of business interruption caused by required closures. SUMMARY OF ACTION: On May 12, 2020, King County Council passed Ordinance 19103, which allocated a total of $1.95 million for a grant program to support King County cities’ economic relief and recovery activities in response to the COVID -19 public health emergency. This grant program is intended to help alleviate the significant adverse economic impact of COVID-19 on incorporated municipalities of King County. The funds will be distributed to every city of King County, except for the city of Seattle, based on per capita population with a minimum grant of $10,000. Staff recommends Renton City Council approve 2020 allowable expenditures from the King County Coronavirus Relief Fund as outlined in the Subrecipient Grant Agreement, which may include: • City internal operational expenditures • City direct expenditures for small businesses • Passthrough grants to small businesses to reimburse the costs of business interruption caused by required closures. Staff appreciates City Council’s attention to this matter and finds this program to be consistent with the goals of the City’s Business Plan and Economic Development Strategic Plan. EXHIBITS: A. King County Coronavirus Relief Fund Subrecipient Grant Agreement B. IP KC Coronavirus Relief Fund 2.0 STAFF RECOMMENDATION: Support the recommendation of staff to accept these funds. AGENDA ITEM #6. d) Additionally, staff recommends that the Mayor or his designee and City Clerk be allowed to execute contracts and to expend King County Coronavirus Relief Funds on the proposed uses outlined below . AGENDA ITEM #6. d) M E M O R A N D U M DATE: September 21, 2020 TO: Ruth Perez, Council President Members of Renton City Council VIA: Armondo Pavone, Mayor FROM: Cliff Long, Economic Development Director (425-430-6591) SUBJECT: Allocation of King County Coronavirus Relief Funds ISSUE Should the City of Renton accept up to $159,903 in King County Coronavirus Relief Funds? RECOMMENDATION Support the recommendation of staff to accept these funds. Additionally, staff recommends that the Mayor or his designee and City Clerk be allowed to execute contracts, with the funded applicants to expend King County Coronavirus Relief Funds on the proposed uses outlined below. BACKGROUND SUMMARY On May 12, 2020, King County Council passed Ordinance 19103, which allocated a total of $1.95 million for a grant program to support King County cities’ economic relief and recovery activities in response to the COVID-19 public health emergency. This grant program is intended to help alleviate the significant adverse economic impact of COVID-19 on incorporated municipalities of King County. The funds will be distributed to every city of King County, except for the city of Seattle, based on per capita population with a minimum grant of $10,000. Staff recommends Renton City Council approve 2020 allowable expenditures from the King County Coronavirus Relief Fund as outlined in the Subrecipient Grant Agreement, which may include:  City internal operational expenditures  City direct expenitures for small businesses  Passthrough grants to small businesses to reimburse the costs of business interruption caused by required closures. Staff appreciates City Council’s attention to this matter and finds this program to be consistent with the goals of the City’s Business Plan and Economic Development Strategic Plan. AGENDA ITEM #6. d) cc: Jan Hawn, ASD Administrator Chip Vincent, Community & Economic Development Administrator AGENDA ITEM #6. d) Subrecipient Grant Agreement - Economic Development to Cities Page 1 of 2 King County Coronavirus Relief Fund Subrecipient Grant Agreement Economic Development for Cities 1. Purpose of Agreement. This Agreement is made by and between King County, a municipal corporation (“the County”) and Renton, a City, (“Agreement”) to set forth the terms and conditions under which the County will provide Renton (“Recipient”) with $159,903 as a grant to be used to pay or reimburse necessary expenditures incurred due to the COVID-19 emergency during the period of March 1, 2020 through December 30, 2020. 2. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures as described in Attachment A (“Federal Terms”), consistent with Ordinance 19103 and as detailed in Attachment C (“Scope of Work”). No grant funds may be used to pay or reimburse costs reimbursed under any other federal or state program. 3. Recipient Responsibilities. The grant funds provided herein are an allocation of the coronavirus relief fund, as created in section 5001 of H.R. 748, of the CARES Act. Recipient agrees to administer the grant proceeds consistent with this Agreement, in accordance with the applicable provisions of the CARES Act, any future applicable guidance issued by the U.S. Department of Treasury and any other applicable federal provisions, as currently described at Attachment A. Recipient shall provide the County with certification Attachment B that grant funds were used for eligible expenditures. 4. Access to and Maintenance of Records. Recipient shall maintain internal controls, accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County, consistent with Uniform Guidance as described in the Federal Terms and for a period of six (6) years to ensure proper accounting for all grant funds and compliance with this Agreement. Recipient acknowledges that records may be subject to disclosure under the Public Records Act, Chapter 42.56 RCW. Recipient shall agree that the County or any duly authorized representatives, shall have, at any time and from time to time during normal business hours, access to any work product, books, documents, papers, and records of the Recipient which are related to this Agreement, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions. 5. Audit. If Recipient expends $750,000 or more in federal awards from any and/or all sources in any fiscal year including under this Agreement, Recipient shall procure and pay for a single audit or program-specific audit for that fiscal year. Upon completion of each audit, Recipient shall: (i) submit to the County 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; (ii) submit to the County follow-up and developed corrective action plans for all audit findings. If Recipient is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year including this Agreement, Recipient shall notify the County they did not meet the single audit requirement. Recipient shall send all single audit documentation to city-chamber- cbo.grants@kingcounty.gov 6. Termination. Upon seven (7) days-notice, the County may terminate this agreement for convenience. Any unspent grant proceeds shall be immediately returned to the County. 7. Repayment of Funds. If Recipient has unspent grant proceeds on hand as of December 30, 2020, Recipient shall return all unspent grant proceeds to the County within ten (10) calendar days. If any funds provided to recipient were used in a manner that is not consistent or allowable as outlined in this agreement or in Attachment A “Fed Terms”, recipient shall return funds to County in the amount determined to be ineligible. AGENDA ITEM #6. d) Subrecipient Grant Agreement - Economic Development to Cities Page 2 of 2 8. Conflict of Interest. Recipient designees, agents, members, officers, employees, consultants, and any other public official who exercises or who has exercised any functions or responsibilities with respect to the program during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the program, are barred from any interest, direct or indirect, in any grant or proceeds of the program, or benefit there from, which is part of this Agreement at any time during or after such person's tenure. 9. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue of any suit or arbitration arising under this Agreement shall be in King County, Washington and if a lawsuit, in King County Superior Court. 10. Indemnification; Recoupment. Recipient shall, at its cost and expense, protect, defend, indemnify, and hold harmless the County, its directors, officers, employees, and agents, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorneys’ fees), claims, judgments, or awards of damages, arising out of or in any way resulting from the acts or omissions of Recipient, its directors, officers, employees, or agents, relating in any way to the Recipient’s performance under the Agreement. These indemnification obligations shall survive the termination of the Agreement. Recipient further agrees that it is financially responsible for and will repay the County any and all indicated amounts following an audit exception which occurs due to Recipient’s failure, for any reason, to comply with the terms of this Agreement. ATTACHMENTS A – Federal Terms B – Certification C – Scope of Work COUNTY Name: Dwight D Dively Title: Director, King County Office of Performance, Strategy, and Budget Signature:____________________________ Date:________________________________ CITY Name: Armondo Pavone Title: Mayor Signature:____________________________ Date:________________________________ AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 1 of 12 King County Coronavirus Relief Fund Subrecipient Grant Agreement Economic Development for Cities ATTACHMENT A – Federal Terms & Conditions PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included therein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Agreement shall be physically amended to makes such insertion or corrections. CORONAVIRUS RELIEF FUND, SECTION 5001 CARES ACT The funds provided to Recipient are available under section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act. The Recipient certifies that the funds under this Agreement shall only be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to COVID-19; 2. [For governmental entities only] Were not accounted for in the budget most recently approved as of March 27, 2020. 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; and 3. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. Funds may NOT be used by governmental entities 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 for governmental entities. The funds may only be used for operating expenditures. 1. ELIGIBLE EXPENSES. There are six primary eligible cost categories. These cost categories and their eligible cost sub-categories are as follows: a. Medical expenses such as: a. COVID-19 related expenses of public hospitals, clinic, 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. AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 2 of 12 b. Public health expenses such as: a. Expenses for communication and enforcement by State, territorial, local and Tribal governments of public health order related to COVID-19. b. Expenses for acquisition and distribution of medical and protective supplies, including 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 community 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 technological 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. c. 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. d. 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. Expense 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 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 it 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. e. 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.[Note, this is the eligible expenditure subcategory applicable to this grant]. b. Expenditures related to a state, territorial, local or Tribal government payroll support system for those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 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. f. Any other COVID-19 related expenses reasonably necessary to the function of government that satisfy the fund’s eligibility criteria. 2. INELIGIBLE EXPENSES. Non-allowable expenditures include, but are not limited to: a. Expenses for the state share of Medicaid. b. Damages covered by insurance. AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 3 of 12 c. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. d. Expenses that have been or will be reimbursed under any federal program. e. Reimbursement to donor for donated items or services. f. Workforce bonuses other than hazard pay or overtime. g. Severance pay. h. Legal settlements. i. Expenditures prohibited under the Health and Human Services requirements outlined in the next section. PUBLICATIONS. Any publications (written, visual or sound) but excluding press releases, newsletters, and issue analyses, issued by Recipient describing programs or projects funded in whole or in part with federal funds under this Agreement, shall contain the following statements: “This project was supported by a grant awarded by the 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.” UNIFORM GUIDANCE. The recipient understands that use of funds pursuant to this agreement must adhere to official federal guidance issued, or issued in the future, on what constitutes an eligible expenditure and to all requirements applicable to CRF funds including applicable requirements of 2 C.F.R. §200 (specifically including 2 C.F.R. §200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements). Subaward Language and Federal Clauses Federal Award Identification (reference 2 CFR 200.330-332) Pursuant to 2 CFR 200.330, an agency must decide to make a determination whether the scope of work falls under a Subrecipient or Contractor relationship. The non-Federal entity may concurrently receive Federal awards as a recipient, a subrecipient, and a contractor, depending on the substance of its agreements with Federal awarding agencies and pass-through entities. Therefore, a pass-through entity must make case-by-case determinations whether each agreement it makes for the disbursement of Federal program funds casts the party receiving the funds in the role of a subrecipient or a contractor. The Federal awarding agency may supply and require recipients to comply with additional guidance to support these determinations provided such guidance does not conflict with this section. (a) Subrecipients. A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient. Characteristics which support the classification of the non-Federal entity as a subrecipient include when the non-Federal entity: (1) Determines who is eligible to receive what Federal assistance; (2) Has its performance measured in relation to whether objectives of a Federal program were met; AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 4 of 12 (3) Has responsibility for programmatic decision making; (4) Is responsible for adherence to applicable Federal program requirements specified in the Federal award; and (5) In accordance with its agreement, uses the Federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity. (b) Contractors. A contract is for the purpose of obtaining goods and services for the non-Federal entity's own use and creates a procurement relationship with the contractor. Characteristics indicative of a procurement relationship between the non-Federal entity and a contractor are when the contractor: (1) Provides the goods and services within normal business operations; (2) Provides similar goods or services to many different purchasers; (3) Normally operates in a competitive environment; (4) Provides goods or services that are ancillary to the operation of the Federal program; and (5) Is not subject to compliance requirements of the Federal program as a result of the agreement, though similar requirements may apply for other reasons. (c) Use of judgment in making determination. In determining whether an agreement between a pass-through entity and another non-Federal entity casts the latter as a subrecipient or a contractor, the substance of the relationship is more important than the form of the agreement. All of the characteristics listed above may not be present in all cases, and the pass-through entity must use judgment in classifying each agreement as a subaward or a procurement contract. If the agency determines that the scope of work falls under a subrecipient relationship, all of the information below must be included in any subaward agreement: (i) Subrecipient agency name (which must match the name associated with its unique entity identifier); City of Renton (ii) Subrecipient agency’s unique entity identifier (i.e. DUNS); 92278894 (iii) Federal Award Identification Number (FAIN) or Federal; SLT0181 (iv) Federal Award Date; March 1, 2020 through December 30, 2020 (v) Subrecipient agency Period of Performance Start and End Date; March 1, 2020 through December 30, 2020 (vi) Amount of Federal Funds Obligated to the subrecipient agency by this action; $159,903 AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 5 of 12 (vii) Total Amount of Federal Funds Obligated to the subrecipient agency; $159,903 (viii) Total Amount of the Federal Award committed to the subrecipient; $159,903 (ix) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) Coronavirus Relief – to support the city’s economic recovery needed because of impacts of novel coronavirus. (x) Name of Federal awarding agency, pass-through entity, and contact information for awarding official Department of the Treasury, King County Drew Pounds, Executive Analyst (206) 263-9236, drew.pounds@kingcounty.gov (xi) CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; 21.019 - Coronavirus Relief Fund; (xii) Identification of whether the award is R&D; and No (xiii) Indirect cost rate for the Federal Award N/A – Not eligible or billable Is the agency a subrecipient for the purposes of this agreement? Yes The subawardee must be in compliance with the below and must note the required information in their subaward agreements: (1) A requirement that the subrecipient permit the pass-through entity and auditors to have access to the subrecipient's records and financial statements as necessary for the pass-through entity to meet the requirements of this part; and (2) Appropriate terms and conditions concerning closeout of the subaward. (3) All requirements imposed by the pass-through entity on the subrecipient so that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award; (4) Any additional requirements that the pass-through entity imposes on the subrecipient in order for the pass- through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports; (5) Evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in paragraphs (d) and (e) of this section, which may include consideration of such factors as: (a) The subrecipient's prior experience with the same or similar subawards; AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 6 of 12 (b) The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F—Audit Requirements of this part, and the extent to which the same or similar subaward has been audited as a major program; (c) Whether the subrecipient has new personnel or new or substantially changed systems; and (d) The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also receives Federal awards directly from a Federal awarding agency). (6) Consider imposing specific subaward conditions upon a subrecipient if appropriate as described in §200.207 Specific conditions. (7) Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Pass-through entity monitoring of the subrecipient must include: (a) Reviewing financial and performance reports required by the pass-through entity. (b) Following-up and ensuring that the subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site reviews, and other means. (c) Issuing a management decision for audit findings pertaining to the Federal award provided to the subrecipient from the pass-through entity as required by §200.521 Management decision. (8) Depending upon the pass-through entity's assessment of risk posed by the subrecipient (as described in paragraph (b) of this section), the following monitoring tools may be useful for the pass-through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals: (a) Providing subrecipients with training and technical assistance on program-related matters; and (b) Performing on-site reviews of the subrecipient's program operations; (c) Arranging for agreed-upon-procedures engagements as described in §200.425 Audit services. (9) Verify that every subrecipient is audited as required by Subpart F—Audit Requirements of this part when it is expected that the subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements. (10) Consider whether the results of the subrecipient's audits, on-site reviews, or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records. (11) Consider taking enforcement action against noncompliant subrecipients as described in §200.338 Remedies for noncompliance of this part and in program regulations. HEALTH AND HUMAN SERVICES AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 7 of 12 As applicable (specifically including to any expenditure funded with coronavirus relief funds or public health funds), the Contractor or Recipient (herein each referred to as “Contractor”) shall adhere to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS awards as codified in 45 CFR Part 75 effective December 26, 2014, the HHS Grants Policy Statement, and the Contract Provisions below. APPENDIX II TO 45 CFR 75—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the HHS agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. The following statutory provisions also apply: General Provisions in FY 2020 Consolidated Appropriation (PL 116-94, December 20, 2019, 133 Stat 2534 – Division A, Title V) 1. EXECUTIVE PAY The Contractor agrees that none of the funds paid through this contract shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II. (Sec. 202) 2. GUN CONTROL ADVOCACY The Contractor agrees that none of the funds paid through this contract may be used, in whole or in part, to advocate or promote gun control. (Sec. 210) 3. LOBBYING (a) The Contractor agrees that none of the funds paid through this contract shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. (b) The Contractor agrees that none of the funds paid through this contract shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. (Sec. 503) 4. ABORTIONS AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 8 of 12 (a) The Contractor agrees that none of the funds paid through this contract, and none of the funds in any trust fund paid through this contract, shall be expended for any abortion. (b) The Contractor agrees that none of the funds paid through this contract, and none of the funds in any trust fund paid through this contract, shall be expended for health benefits coverage that includes coverage of abortion. (c) The term ‘‘health benefits coverage’’ means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement. (Sec. 506) 5. LIMITATIONS ON ABORTION FUNDING PROHIBITIONS (a) The limitations established in the preceding section shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State’s or locality’s contribution of Medicaid matching funds). (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State’s or locality’s contribution of Medicaid matching funds). (d)(1) The Contractor agrees it will not subject any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (2) In this subsection, the term ‘‘health care entity’’ includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. (Sec. 507) 6. EMBRYO RESEARCH (a) The Contractor agrees that none of the funds paid through this contract may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)). (b) For purposes of this section, the term ‘‘human embryo or embryos’’ includes any organism, not protected as a human subject under 45 CFR 46 as of December 20, 2019, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. (Sec. 508) 7. PROMOTION OF LEGALIZATION OF CONTROLLED SUBSTANCES (a) The Contractor agrees that none of the funds paid through this contract may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 9 of 12 substances established by section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications. (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. (Sec. 509) 8. DISTRIBUTION OF INTENTIONALLY FALSE INFORMATION The Contractor agrees that none of the funds paid through this contract may be used to disseminate information that is deliberately false or misleading. (Sec. 515(b)) 9. PORNOGRAPHY (a) The Contractor agrees that none of the funds paid through this contract may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. (Sec. 520) 10. ACORN OR ITS AFFILIATES OR SUBSIDARIES The Contractor agrees that none of the funds paid through this contract may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, allied organizations, or successors. (Sec. 521) 11. NEEDLE EXCHANGE The Contractor agrees that none of the funds paid through this contract shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug: Provided, That such limitation does not apply to the use of funds for elements of a program other than making such purchases if the relevant State or local health department, in consultation with the Centers for Disease Control and Prevention, determines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with State and local law. (Sec. 527) GOVERNMENT-WIDE GENERAL PROVISIONS (PL 116-93, December 20, 2019, 133 Stat 2317 – Division C, Title VII) 12. PROPAGANDA The Contractor agrees that none of the funds paid through this contract shall be used directly or indirectly, including by subcontractors, for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. (Sec. 718) 13. PRIVACY ACT AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 10 of 12 The Contractor agrees that none of the funds paid through this contract may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act), and regulations implementing that section. (Sec. 732) 14. CONFIDENTIALITY AGREEMENTS (a) The Contractor agrees that it will not require employees or subcontractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (Sec. 742) 15. NONDISCLOSURE AGREEMENTS These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. (Sec. 743) 16. UNPAID FEDERAL TAX LIABILTY The Contractor agrees that it does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless a Federal agency has considered suspension or debarment of the Contractor and has made a determination that this further action is not necessary to protect the interests of the Government. The Contractor agrees it will not subcontract with any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. (Sec. 744) 17. CRIMINAL FELONY LIMITATION The Contractor agrees that it was not convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. The Contractor agrees it will not subcontract with any that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. (Sec. 745) OTHER APPROPRIATION PROVISIONS AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 11 of 12 18. CHIMPANZEES The Contractor agrees that none of the funds paid through this contract shall be used on any project that entails the capture or procurement of chimpanzees obtained from the wild. (42 U.S.C. 289d note) Other Statutory Provisions 19. TRAFFICKING IN PERSONS This contract is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104) (a) The Contractor, Contractor’s employees, and any subcontractors or subcontractors’ employees may not: (1) Engage in severe forms of trafficking in persons during the period of time that the contract that this contract is in effect; (2) Procure a commercial sex act during the period of time that this contract is in effect; or (3) Use forced labor in the performance of this contract or subcontracts. (b) Violations of the prohibitions in paragraph (a) include – (1) Those committed by the Contractor; or (2) Those committed by the Contractor’s employee or a subcontractor through conduct that is either - i. Associated with performance of this contract; or ii. Imputed to the Contractor or subcontractor using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 376. (c) The Contractor must inform King County immediately of any information it receives from any source alleging a violation of paragraph (a). (d) Definitions. For purposes of this contract: (1) "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. (2) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (3) “Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). (Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104)) AGENDA ITEM #6. d) ATTACHMENT A – Federal Terms & Conditions Page 12 of 12 20. WHISTLEBLOWER PROTECTIONS The Contractor is hereby given notice that the 48 CFR section 3.908, implementing section 828, entitled “Pilot Program for Enhancement of Contractor Employee Whistleblower protections,” of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239, enacted January 2, 2013) applies to this contract. 21. HUMAN SUBJECTS PROTECTIONS If any activities under this contract will involve human subjects in any research activities, the Contractor must provide satisfactory assurance of compliance with the participant protection requirement of the HHS/OASH Office of Human Research Protection (OHRP) prior to implementation of those research components. This assurance should be submitted to the OHRP in accordance with the appropriate regulations. 22. FRAUD, ABUSE AND WASTE The HHS Inspector General accepts tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement in Department of Health and Human Services' programs. AGENDA ITEM #6. d) ATTACHMENT B – Certification Page 1 of 1 King County Coronavirus Relief Fund Subrecipient Grant Agreement Economic Development for Cities ATTACHMENT B – Certification I, Armondo Pavone, am the Mayor of the City of Renton, and I certify that: 1. I have authority and approval from the governing body on behalf of City of Renton to accept proceeds from the County per the Agreement for COVID-19 Relief Funds by and between the County and City of Renton from the County’s allocation of the Coronavirus Relief Fund as created by section 5001 of H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) for eligible expenditures included on the corresponding invoice voucher for report period [March 1, 2020 through December 30, 2020]. 2. I understand that as additional federal guidance becomes available, a contract amendment to the agreement between the County and City of Renton may become necessary and agree to execute necessary amendments. 3. I understand the County will rely on this certification as a material representation in processing this reimbursement. 4. I certify the use of funds submitted for reimbursement from the Coronavirus Relief Fund under this contract were used only to cover those costs that: a. Are necessary expenditures incurred due to the public health emergency with respect to COVID-19; b. Were not accounted for in the budget must recently approved as of March 27, 2020 for [THIS CERTIFICATION REQUIRED ONLY OF LOCAL GOVERNMENT]; c. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 5. I understand the use of funds pursuant to this certification must adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. We have reviewed the guidance established by U.S. Department of the Treasury as described in Attachment A to the Agreement and certify costs meet the required guidance. Any funds expended by the City of Renton or its subcontractor or subrecipients in a manner that does not adhere to official federal guidance shall be returned to the County. 6. I understand the City of Renton receiving funds pursuant to this certification shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with §200.333 Retention requirements for records of 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Such documentation shall be produced to the County upon request and may be subject to audit by the State Auditor. 7. I understand any funds provided pursuant to this certification cannot be used for expenditures for which the City of Renton has received any other emergency COVID-19 supplemental funding whether state, federal or private in nature, for that same expense. I certify that I have read the above certification and my statements contained herein are true and correct to the best of my knowledge. Armondo Pavone _____________ ______________________________ Printed Name Signature Mayor_______________________ ______________________________ Title Date AGENDA ITEM #6. d) Attachment C – Scope of Work Page 1 of 2 King County Coronavirus Relief Fund Subrecipient Grant Agreement Economic Development Relief for Cities ATTACHMENT C - PROGRAM SCOPE OF WORK 1. Introduction On May 12, 2020, King County Council passed Ordinance 19103, which allocated a total of $1.95 million for a grant program to support King County cities’ economic relief and recovery activities in response to the COVID-19 public health emergency. This grant program is intended to help alleviate the significant adverse economic impact of COVID-19 on incorporated municipalities of King County. The funds will be distributed to every city of King County, except for the city of Seattle, based on per capita population with a minimum grant of $10,000. Note: With the grant minimum set at $10,000, some of the calculated city allocations will be adjusted slightly to keep the total programmatic allocation at $1.95 million. 2. Program Objectives/Outcomes King County is seeking to achieve the following outcomes with this grant program: a. Small businesses receive the support they need to overcome disruptions caused by COVID-19 b. Small businesses receive the support they need to safely re-opening while adhering to local public health guidance and operating guidelines designed to protect employees and customers c. Support underserved and other priority small businesses that have not been able to access other resources* d. Help small businesses restart quickly, recover from the impacts of the pandemic, and contribute to the overall economic stability of the community (i.e., revenues and jobs) While King County empowers the subrecipient to define ‘small business’, cities should prioritize grant funds to businesses that meet a reasonable standard of ‘small’ and have experienced acute business interruption or require immediate assistance to adapt their services to adhere to public health guidance and considerations. * For the purposes of this grant program, King County considers historically underserved business owners to be those from Black, Native, people of color, immigrant, refugee, and LGBTQ communities. 3. Eligible Expenditures The grant funds must be used for cities’ economic relief and development activities in response to COVID-19. The funds should only be used for costs that were not accounted for in the city’s 2019 fiscal year budget and must comply with all federal requirements set for the Treasury’s Coronavirus Relief Fund (detailed in Attachment A “Federal Terms”). Expenditures must be incurred in the period from March 1, 2020, through December 30, 2020, and must be recorded and documented using the generally accepted accounting principles and the provisions of Title 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements. AGENDA ITEM #6. d) Attachment C – Scope of Work Page 2 of 2 Expenditures may fall in any of the following broad categories: ☐ City internal operational expenditures ☐ City direct expenditures for small businesses ☐ Passthrough grants to small businesses to reimburse the costs of business interruption caused by required closures. The following list provides some examples of eligible expenditures: • Materials to give out to businesses to facilitate safe opening (e.g., PPE, sanitation supplies, plexiglass barriers, markers, signage) • Rental of materials to increase the outdoor seating capacity for restaurant businesses • Marketing materials for businesses • Passthrough grants to businesses to reimburse business interruption costs not previously satisfied by any other funding source • Technical assistance to businesses (consulting services) • Temporary staff hired to engage with businesses • Consulting Services (business surveys, training, city marketing materials, etc.) 4. Grant Documentation & Reporting EXHIBIT # Form/Report Short Description Interval 1 Pre-award: risk assessment questionnaire Short survey to understand City’s administrative capacity With the intake form preceding agreement signing 2 Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form • Only for entities receiving grant funds in excess of $25,000. • King County will use this information to report to www.FSRS.gov within 30 days of the award. • Template attached. With the signed agreement (if the grant amount is in excess of $25,000) 3 Bi-monthly performance report Summary expenditure report by eligible activity Bi-monthly following agreement signing 4 An expenditure report detailing all expenditures up to the grant amount A standard report generated from the city’s official accounting system or sufficient documentation to demonstrate grant expenditures, payee, and date of transaction Within 30 days of final payment utilizing grant funds 5 Direct Grant & Beneficiaries Report A standard report that outlines all businesses who received a direct grant payment from the city, detailing business information and key demographic indicators Within 30 days of final payment utilizing grant funds AGENDA ITEM #6. d) AB - 2706 City Council Regular Meeting - 21 Sep 2020 SUBJECT/TITLE: Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding RECOMMENDED ACTION: Council Concur DEPARTMENT: Police Department STAFF CONTACT: Ed VanValey, Chief EXT.: 7567 FISCAL IMPACT SUMMARY: No fiscal impact. SUMMARY OF ACTION: The Renton Police Department agrees to provide one commissioned police office to work full time as a member of the Seattle Enforcement Group D-20 Task Force (VNET). In return, the department receives an equitable share of profits from qualified drug relat ed cases. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor to sign the DEA Asset Forfeiture Sharing MOU AGENDA ITEM #6. e) Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this 1st day of October, 2020, between the United States Department of Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Renton Police Department (hereinafter "RPD"). 1. The police agencies participating in the Seattle Enforcement Group D-20 Task Force, hereby agree to the following terms and conditions of this Memorandum of Understanding (“MOU”) governing the Task Force’s equitable sharing requests and participation in the United States Department of Justice (“DOJ”) Equitable Sharing Program: The following are the Task Force Participants and their contribution to the Task Force: Participating Agency Contribution Auburn Police Department 1 TFO Federal Way Police Department 1 TFO Kent Police Department 1 TFO Renton Police Department 1 TFO Seattle Police Department 1 TFO Tukwila Police Department 1 TFO Washington State Patrol 1 TFO 2. Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case if victims have not been fully compensated. State, local, or federal government entities can be considered victims. Equitable sharing among the Task Force members shall be based upon the following pre-arranged percentages: DEA shall receive 20% Valley Narcotics Enforcement Team 80% * The equitable sharing will be disbursed per the agreed upon MOU signed by all agencies participating in the Valley Narcotics Enforcement Team Task Force. 3. Participants understand that if a non-MOU member receives an equitable share based upon their contribution, then the MOU Participants’ shares shall be reduced proportionately (e.g., if non-MOU agency C receives 10% based upon their contribution, then the MOU Participants’ pre-arranged percentages shall be based upon 90% of the full amount available for sharing). 4. Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of 20%. AGENDA ITEM #6. e) 2 5. Participants further understand that the federal decision-makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. For the Drug Enforcement Administration: ____________________________________ Date: _____________ Keith Weis Special Agent in Charge For the Renton Police Department: ____________________________________ Date: _____________ Armondo Pavone Mayor Attest: ____________________________________ Date: _____________ Jason Seth City Clerk ____________________________________ Date: _____________ Shane Moloney City Attorney AGENDA ITEM #6. e) AB - 2707 City Council Regular Meeting - 21 Sep 2020 SUBJECT/TITLE: HIDTA State and Local Task Force Agreement - Valley Narcotics Enforcement Team (VNET) RECOMMENDED ACTION: Council Concur DEPARTMENT: Police Department STAFF CONTACT: Ed VanValey, Chief EXT.: 7567 FISCAL IMPACT SUMMARY: No fiscal impact. SUMMARY OF ACTION: Where there is evidence that trafficking in narcotics and dangerous drugs exists in the greater King County area, and that illegal activity has a substantial, detrimental effect on the health and welfare of the citizens, VNET will disrupt the illegal drug traffic by immobilizing targeted violators and trafficking organizations, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, and conduct undercover operations where appropriate or traditional methods of investigation in order to result in effective prosecution before the courts. The Renton Police Department agrees to loan one commissioned police officer to the Seattle Enforcement Group D-22 Task Force (VNET) for a period of not less than two years. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor to sign the HIDTA State and Local Task Force Agreement AGENDA ITEM #6. f) HIDTA STATE AND LOCAL TASK FORCE AGREEMENT Valley Narcotics Enforcement Team This agreement is made this 1st day of October 2020, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Renton Police Department, ORI#WA0171300 (hereinafter "RPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Greater King County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Washington, the parties hereto agree to the following: 1. The Seattle Enforcement Group D-22 Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Washington. 2. To accomplish the objectives of the Seattle Enforcement Group D-22, the RPD agrees to detail one (1) experienced officer(s) to the Seattle Enforcement Group D-22 Task Force for a period of not less than two years. During this period of assignment, the RPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The RPD officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The RPD officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the Seattle Enforcement Group D-22 Task Force, DEA will assign three (3) Special Agents to the task force. HIDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and RPD officers assigned to the task force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. AGENDA ITEM #6. f) 6. During the period of assignment to the Task Force, the RPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the Valley Narcotics Enforcement Team “VNET” for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 10 business days of the end of the invoiced period. Note: Task Force Officer’s overtime “shall not include any costs for benefits, such as retirement, FICA, and other expenses.” 7. In no event will the Renton Police Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The RPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The RPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The RPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is later. 10. The RPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The RPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug-Free Workplace Requirements. The RPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the RPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. AGENDA ITEM #6. f) 13. The RPD understands and agrees that HIDTA will provide the Seattle Enforcement Group D-22 Task Force Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune-ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S) - HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the RPD personnel, in addition to whatever accident reporting requirements the RPD may have. 14. While on duty and acting on task force business, the RPD officers assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of task force officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2021. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by RPD during the term of this agreement. For the Drug Enforcement Administration: ___________ Date: _____________ Name: Keith Wies ____________________________________ Title: Special Agent in Charge (SAC) For the Renton Police Department Date: ________________ Armondo Pavone, Mayor Attest: ____________________________________ Date: ________________ Jason Seth, City Clerk ____________________________________ Date: ________________ Shane Moloney, City Attorney AGENDA ITEM #6. f) AB - 2708 City Council Regular Meeting - 21 Sep 2020 SUBJECT/TITLE: US Department of Justice Certifications regarding lobbying; department, suspension and other responsibility matters; and drug- free workplace requirements RECOMMENDED ACTION: Council Concur DEPARTMENT: Police Department STAFF CONTACT: Ed VanValey, Chief EXT.: 7567 FISCAL IMPACT SUMMARY: No fiscal impact. SUMMARY OF ACTION: The Renton Police Department agrees to comply with the certifications regarding lobbying; debarment, suspension and other responsibility matters; and drug-free workplace requirements as it relates to the HIDTA State and Local Task Force Agreement (VNET) and the DEA Asset Forfeiture Sharing MOU. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor to sign the agreement. AGENDA ITEM #6. g) U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) withcommission of any of the offenses enumerated in paragraph (1)(b)of this certification; and (a) No Federal appropriate funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencingor attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with themaking of any Federal grant, the entering into of anycooperative agreement, and extension, continuation, renewal,amendment, or modification of any Federal grant or cooperativeagreement; (d) Have not within a three-year period preceding this applicationhad one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of thestatements in this certification, he or she shall attach anexplanation to this application.(b) If any funds other than Federal appropriated funds have beenpaid or will be paid to any person for influencing or attempting toinfluence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal grant orcooperative agreement, the undersigned shall complete andsubmit Standard Form - LLL, "Disclosure of LobbyingActivities," in accordance with its instructions; 3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- (c) The undersigned shall require that the language of this cer -tification be included in the award documents for all subawards atall tiers (including subgrants, contracts under grants andcooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. A. The applicant certifies that it will or will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that theunlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken againstemployees for violation of such prohibition;2. DEBARMENT, SUSPENSION, AND OTHERRESPONSIBILITY MATTERS (DIRECT RECIPIENT) (b) Establishing an on -going drug-free awareness program toinform employees about-As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510-(1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace;A. The applicant certifies that it and its principals:(3) Any available drug counseling, rehabilitation, and employeeassistance programs; and(a) Are not presently debarred, suspended, proposed for debar -ment, declared ineligible, sentenced to a denial of Federalbenefits by a State or Federal court, or voluntarily excluded fromcovered transactions by any Federal department or agency;(4) The penalties that may be imposed upon employees for drugabuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged inthe performance of the grant be given a copy of the statementrequired by paragraph (a);(b) Have not within a three-year period preceding this applicationbeen convicted of or had a civil judgment rendered against themfor commission of fraud or a criminal offense in connection withobtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant,the employee will - OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. AGENDA ITEM #6. g) (1) Abide by the terms of the statement; and Seattle Enforcement Group D-22 300 5th Ave, Suite 1300 Seattle, WA 98104 (2) Notify the employer in writing of his or her conviction for aviolation of a criminal drug statute occurring in the workplace nolater than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days afterreceiving notice under subparagraph (d)(2) from an employeeor otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice, includingposition title, to: Department of Justice, Office of JusticePrograms, ATTN: Control Desk, 633 Indiana Avenue, N.W.,Washington, D.C. 20531. Notice shall include the identificationnumber(s) of each affected grant; Check if there are workplace on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendardays of receiving notice under subparagraph (d)(2), withrespect to any employee who is so convicted-Check if the State has elected to complete OJP Form 4061/7. (1) Taking appropriate personnel action against such anemployee, up to and including termination, consistent with therequirements of the Rehabilitation Act of 1973, as amended; or DRUG-FREE WORKPLACE(GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drugabuse assistance or rehabilitation program approved for suchpurposes by a Federal, State, or local health, law enforcement,or other appropriate agency; As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant, I certify that I will not engage inthe unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance in condition any activity withthe grant; and (g) Making a good faith effort to continue to maintain a drug - freeworkplace through implementation of paragraphs (a), (b), (c), (d),(e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with thespecific grant: B. If convinced of a criminal drug offense resulting from aviolation occurring during the conduct of any grant activity, I willreport the conviction, in writing, within 10 calendar days of theconviction, to: Department of Justice, Office of Justice Programs,ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington,D.C. 20531.Place of Performance (Street address, city, country, state, zip code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Renton Police Department 1055 South Grady Way Renton, WA 98057 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number Seattle Enforcement Group D-22 4. Typed Name and Title of Authorized Representative Armondo Pavone, Mayor - City of Renton 5. Signature 6. Date AGENDA ITEM #6. g) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, RECLASSIFYING PURSUANT TO RENTON MUNICIPAL CODE SECTION 4-3-050.E.5 TWO PORTIONS OF MAPLEWOOD CREEK FROM TYPE NP TO TYPE F AND A PORTION OF KENNYDALE CREEK FROM TYPE NS TO TYPE NP, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Renton Municipal Code (RMC) 4-3-050.E.5.a provides that the reclassification of a stream to a higher class requires that the Administrator of the Department of Community and Economic Development (the “Administrator”) accept a stream study or consult with the Washington Department of Fish and Wildlife, followed by a legislative amendment to the City’s stream classification map; and WHEREAS, the Administrator has accepted three stream studies that have identified classifications that are higher than currently classified; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on May 5, 2020, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on May 20, 2020, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: AGENDA ITEM # 8. a) ORDINANCE NO. ________ 2 SECTION I. Two portions of Maplewood Creek as shown on Attachments A and B are hereby reclassified from Type Np to Type F. The Administrator or designee shall amend the City’s critical areas inventory maps, as shown on Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website, the map gallery, and downloadable GIS data. SECTION II. A portion of Kennydale Creek as shown on Attachment C is hereby reclassified from Type Ns to Type Np. The Administrator or designee shall amend the City’s critical areas inventory maps, as shown on Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website, the map gallery, and downloadable GIS data. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2020. Jason A. Seth, City Clerk AGENDA ITEM # 8. a) ORDINANCE NO. ________ 3 APPROVED BY THE MAYOR this _______ day of _____________________, 2020. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2114:6/30/2020 AGENDA ITEM # 8. a) ORDINANCE NO. ________ 4 ATTACHMENT A PORTION OF MAPLEWOOD CREEK AGENDA ITEM # 8. a) SE 138th StIlwaco Pl SEHoquiam Ave SEHoquiam Pl SESE 2nd Pl SE 2nd St SE 3rd Pl SE 2 n d S t Graham Ave SEField Pl SE143rd Ave SESE 139 t h S t 13636 321 4906 259 278 203 263 252 4903 210 5010 49184910 4907 5005 322 13831 14313 315 14017 275 305 127 215 13808 317 50125000 13660 270 4900 130 266 326 4909 5004 129 260 310 332 5013 4905 5017 277 4913 13915 314 322 214 316 131 323 4901 271 13720 5021 13628 4916 125 4924 302 252 4915 204 123 5151 216 5011 13814 303 276 209 257 5013 5021 269 308 13835 13913 5001 13620 264 258 5007 311 270 265 5016 220 5005 5027 124 14030 13833 251 5110 4920 14123 4921 14305 13652 13802 4902 309 13920 355 4921 13921 14241 5006 13906 13644 5027 304 14020 13710 13706 258 253 329 14231 312 13839 130 Maplewood Creek Tributary Maplewood Creek Tributary Stream Piped Stream Stream Reclassification Area City Limits¯Source: City of Renton, 2020 0 150 Feet From Non-fish Bearing Perrenial (Np) to Fish Bearing (F) AGENDA ITEM # 8. a) ORDINANCE NO. ________ 5 ATTACHMENT B PORTION OF MAPLEWOOD CREEK AGENDA ITEM # 8. a) NE1stPl BremertonPlNESE139t h S tVashon Ct NE139thAveSESE 2nd PlBremerton Ave NEDuvall Ave NEElma Ave NENE 1st St NE 1st St NE 1st Ct ElmaPlSEChelan Ave SEVas h o nAveSESE 3rd PlDuvall Pl SEAnacortes Ave SEDuvall Ave SEBre mer t on AveSESE 3rd P l NE 1st Pl SE 2nd St SE 1st Pl SE 4th St SE 2nd Pl Field Pl SENE 1st Ct SE 4th Pl SE 3rd S t SE 141st St SE2ndStSE2ndSt Maplewood Creek Maple w o o d C r e e k Stream Piped Stream Stream Reclassification Area City Limits¯Source: City of Renton, 2020 0 250 Feet From Non-fish Bearing Perrenial (Np) to Fish Bearing (F) AGENDA ITEM # 8. a) ORDINANCE NO. ________ 6 ATTACHMENT C PORTION OF KENNYDALE CREEK AGENDA ITEM # 8. a) Jones Ave NEKennewick Pl NENE 20th St 1725 2115 2001 2125 2007 2202 2225 2004 2121 2017 1800 2219 2216 1835 2029 2109 2207 2209 2208 1836 1703 2033 1828 2134 1916 2231 2019 2100 2120 2011 2115 2103 1700 2217 2213 1712 1824 2010 2025 1917 2023 Kennydale Creek Kennydale CreekStream Piped Stream Stream Reclassification Area¯Source: City of Renton, 2020 0 100 Feet From Non-fish Bearing Seasonal (Ns) to Non-fish Bearing Perrenial (Np) AGENDA ITEM # 8. a)