Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda
AGENDA Finance Committee Meeting 4:00 PM - Monday, September 28, 2020 Video-conference 1. Finance Analyst Hire at Step D a) AB - 2709 Administrative Services Department recommends hiring a Finance Analyst II position at Step D of salary grade n13, effective September 16, 2020. 2. Police Hire at Step D - Grozav a) AB - 2699 Police Department requests authorization to hire lateral police officer Grozav at Step D of the pc59 salary grade, effective upon hiring date. 3. Police Hire at Step D - Jibril a) AB - 2695 Police Department requests authorization to hire lateral police officer Jibril at Step D of the pc59 salary grade, effective upon hiring date. 4. Coulon Park Playground Equipment Contract a) AB - 2697 Community Services Department recommends 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. 5. Coronavirus Relief Fund Grant Agreement a) 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. 6. Vouchers a) Accounts Payable b) Benefits' Deductions c) Payroll (located in Dropbox) 7. Emerging Issues in Finance 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 #1. a) 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 #1. a) AB - 2699 City Council Regular Meeting - 14 Sep 2020 SUBJECT/TITLE: Compensate Bryan Grozav as a Lateral Police Officer at Step D, Grade pc59 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Police Department STAFF CONTACT: Ed VanValey, Chief EXT.: 7567 FISCAL IMPACT SUMMARY: This request will have no fiscal impact as there are currently unfilled positions budgeted to be in Step E of salary grade pc60 within the Police Department. Mr. Grozav would be hired at Step D of salary grade pc59 and then moved to salary grade pc60 after successfully passing his pre-FTO training phase. SUMMARY OF ACTION: Bryan Grozav's family immigrated to the United States from Romania and he was born and raised in Kent, Washington. Mr. Grozav has been a Police Officer with the Seattle Police Department since 2015. All of his performance reviews indicate that he is a fantastic officer. Mr. Grozav received an Associate of Arts Degree in Criminal Justice from Highline Community College. He speaks English and is fluent in Romanian. Mr. Grozav's background and experience would be an asset to the Department. EXHIBITS: N/A STAFF RECOMMENDATION: Authorize the Administration to compensate Bryan Grozov for a lateral Police Officer position at Step D of salary grade pc59 effective upon his hire date. AGENDA ITEM #2. a) AB - 2695 City Council Regular Meeting - 14 Sep 2020 SUBJECT/TITLE: Compensate Yusuf Jibril as a Lateral Police Officer at Step D, Grade pc59 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Police Department STAFF CONTACT: Ed VanValey, Chief EXT.: 7567 FISCAL IMPACT SUMMARY: This request will have no fiscal impact as there are currently unfilled positions budgeted to be in Step E of salary grade pc60 within the Police Department. Mr. Jibril would be hired at Step D of salary grade pc59 and then moved to salary grade pc60 after successfully passing his pre-FTO training phase. SUMMARY OF ACTION: Yusuf Jibril was born in Somalia and immigrated to the United States with his family in 2001, moving to Minnesota. He became a US citizen in 2008. Mr. Jibril served in the United States Navy in 2010 and became a Minnesota Transit Police Officer in 2011. In 2013, Mr. Jibril and his family moved to the Seattle area, where he started his job as a Seattle Parking Enforcement Officer. He tested with the Seattle Police Department and became a Police Officer in 2015. He has worked as a Patrol Officer with the Seattle Police Department for the past five years and has had many opportunities to participate in community meetings and engagement activities. Mr. Jibril received his Associate in Science Degree from Minneapolis Community Technical College in 2009. He speaks English and is fluent in his native language of Cushitic. Yusuf Jibril's background and experience would be an asset to the Renton Police Department. EXHIBITS: N/A STAFF RECOMMENDATION: Authorize the Administration to compensate Yusuf Jibril for a lateral Police Officer position at Step D of salary grade pc59 effective upon his hire date. AGENDA ITEM #3. a) AB - 2697 City Council Regular Meeting - 14 Sep 2020 SUBJECT/TITLE: Coulon Park Play Equipment Replacement Contract RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Erica Schmitz, Parks Planning Manager EXT.: 6614 FISCAL IMPACT SUMMARY: $605,640 has been budgeted for the project. The City has requested $60,000 in funding from the Charles L. Custer Renton Park Memorial Fund as a 10% project contingency, increasing the total project budget to $665,640. SUMMARY OF ACTION: As part of the 2019-2021 state budget process the City was awarded $605,640 for play equipment upgrades at Gene Coulon Memorial Beach Park. Receipt of this grant funding allows the City to complete the replacement of the existing 17-year-old play equipment. The typical life of a playground is 15 years. As a regional park and the City's most used park, the play equipment at Coulon is showing wear and is need of replacement. Through the State Master Contract #04216, the City solicited proposals from two approved vendors on the State Contract List. Members of the public provided input on two playground concepts via an online survey. Community members preferred the design presented by Landscape Structures, Inc. Landscape Structures, Inc. will provide the design, demolition of existing equipment, drainage evaluation and furnishing and installation of the new play equipment and safety surfacing. The design includes play structures for ages 2-5 and ages 5-12 as well as swings, unique climbing structures, and an all-abilities see-saw and group swing. Demolition is scheduled for late October and completion is anticipated for late December. The City is saving approximately $34,000 through the use of the State Contract process. The City has requested $60,000 in funding from the Charles L. Custer Renton Park Memorial Fund as a 10% project contingency in the event that change orders are required beyond the grant amount. The funding will only be disbursed if needed. EXHIBITS: A. Contract B. View 1 New Equipment C. View 2 New Equipment STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Contract Agreement with Landscape Structures, Inc. in the amount of $589,852.67. Authorize acceptance of Charles L. Custer Renton Park Memorial Fund monies in an amount not to exceed $60,000.00; adjust the budget accordingly. AGENDA ITEM #4. a) SMALL WORKS CONTRACT AGREEMENT Using State Master Contract #04216 CAG-20-_____ THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2020, (the “Effective Date”) by and between the City of Renton, a Washington State municipal corporation (“City”), through its Community Services Department and Landscape Structures, (“Contractor”), who are collectively referred to as the “Parties”, to supply playground and exercise equipment, including demolishing existing equipment, evaluating and addressing drainage, designing layout within, and delivery to existing park playground borders, installation of play equipment, fitness equipment and safety surfacing, clean up, site restoration and debris removal at Gene Coulon Memorial Beach Park, located at 1201 Lake Washington Blvd N, Renton, WA 98056. WHEREAS, the City has entered into the State Master Contracts Usage Agreement (MCUA) #21725 authorizing the use of State Contracts; and, WHEREAS, through competitive bid process Washington State Department of Enterprise Services (DES) awarded Contract #04216 that provides for Parks & Recreation Equipment and Related Services (NASPO) including removal and installation services; and, WHEREAS, Contractor is a listed and participating Contractor for Contract #04216. The City and Contractor agree as set forth below: 1.Scope of Work: Contractor will provide all material and labor necessary to perform all work described in the Scope of Work which is attached and fully incorporated into this Agreement by reference as Attachment “A.” 2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Scope of Work consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3.Time of Performance: Contractor shall commence performance of the Agreement no later than 60 calendar days after the Agreement’s Effective Date. 4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Work, no later than 180 days from the Effective Date. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of The City and Contractor. AGENDA ITEM #4. a) PAGE 2 OF 8 5.Agreement Sum: The total amount of this Agreement is the sum of $589,852.67 which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work. 6.Consideration: In exchange for Contractor’s performance of the items and responsibilities identified in the Scope of Work, the City agrees to make payment of the amount identified as the Agreement Sum. 7.Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. A.Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the “Effective Date” identified at the top of the first page of this Agreement. Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 15 Notices of this agreement. B.For Agreements over $150,000: Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement. Payment of the initial 95% will be made in the next pay cycle of the City Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be AGENDA ITEM #4. a) PAGE 3 OF 8 retained for the purpose of completion of the project and fulfillment of claims and liens. C.N/A For Agreements under $150,000 D.N/A For limited Public Works Contracts under $35,000 E.The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. F.Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. G.Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor. If the City’s expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 8.Hold Harmless: Contractor shall indemnify, defend and hold harmless the City, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the AGENDA ITEM #4. a) PAGE 4 OF 8 contractor and the City, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9.Insurance: Contractor shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to the City that are excluded in the commercial general liability insurance. C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D.It is agreed that on Contractor’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Contractor liability. E.Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before executing the work of this Agreement. F.Contractor shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 10.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: A.Contractor, and Contractor’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of AGENDA ITEM #4. a) PAGE 5 OF 8 Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If Contractor fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D.Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11.Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s Work under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of the City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to the City shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in Work provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 12.Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries, http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp. 13.Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). AGENDA ITEM #4. a) PAGE 6 OF 8 14.Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 15.Other Provisions: A.Administration and Notices. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Contractor. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. CITY OF RENTON Erica Schmitz, Parks Planning Manager 1055 South Grady Way Renton, WA 98057 Phone: (206) 550-4503 eschmitz@rentonwa.gov CONTRACTOR Chris Donahue 2104 SW 152nd St. Suite #1 Burien, WA 98166 Phone: 253-691-6847 chris@playcreation.com B.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C.Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. AGENDA ITEM #4. a) PAGE 7 OF 8 D.Compliance with Laws. Contractor and all of the Contractor’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. E.Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. F Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. G.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Contractor hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Contractor is a foreign corporation not registered with the State of Washington. I.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. J Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either The City or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision AGENDA ITEM #4. a) PAGE 8 OF 8 of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. M.Unanticipated Discovery Plan. The Contractor must at all times abide by the terms of the Unanticipated Discovery Plan, which is attached and fully incorporated into this Agreement by reference as “Attachment B.” IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date above. CITY OF RENTON _____________________________ CONTRACTOR ____________________________ Mayor Armondo Pavone 1055 South Grady Way Renton, Washington 98057 _____________________________ Date _____________________________ Date Approved as to Legal Form _______________________________ Attest _____________________________ Shane Moloney Renton City Attorney ________________________________ Jason Seth Renton City Clerk ______________________________ Date Date Non-standard (383) CLB Coulon 8-26-20 Misty Link Landscape Structures Inc 601 7th St South Delano, MN 55328 9-1-2020 AGENDA ITEM #4. a) ATTACHMENT A GENE COULON MEMORIAL BEACH PARK PLAYGROUND EQUIPMENT REPLACEMENT SCOPE OF WORK 1.Verify existing conditions and location of existing utilities. Protect all existing conditions to remain. 2.Protect all facilities, structures, improvements and landscaping on and adjacent to the site and repair any damage at the contractor’s expense. Provide for park patron safety and avoid disruptions to park and property. 3.Provide chain link fence and signage around work and laydown areas. Coordinate with City of Renton staff regarding use of and access to site. Secure site and all equipment. 4.Provide project signage identifying: a.Name of project b.Contractor c.City of Renton d.Funding source e.Dates of construction, proposed opening date f.Graphic image of proposed playground 5.Post permits and notices in a conspicuous location. 6.Remove existing play equipment, footings, Engineered Wood Fiber (EWF) play surfacing and associated material. Dispose of demolished material in legal manner. 7.Protect existing underground drainage, remove and replace filter fabric, assess and verify existing drainage is in good working order. Install play equipment in accordance with the manufacturer’s specifications and recommendations to include all labor, supplies, materials and fasteners to complete the work in its entirety. Immediately report any discrepancies between the contract documents and site conditions to the City of Renton. Notify the City of Renton in writing of any differences between any submittals and the contract documents. All changes must be approved in writing by the City of Renton. Plan and lay out all work in advance to identify any discrepancies from the contract documents. Any work found to be defective must be removed and replaced. 8.Playground equipment, installation, and safety surface are to be in accordance with the latest edition of the U.S. Consumer Product Safety Commission, Handbook for Public Playground Safety Handbook, Document #325; and Federal, State, and Local Ordinances and Laws. 9.Provide certification the playground is in accordance with the U.S. Consumer Product Safety Commission Requirements for Public Playgrounds, document #325, latest edition. 10.Provide project closeout documents, playground manufacturer’s maintenance kit and extra playground equipment components: a.As-Built Site Layout Plan including vertical and horizontal locations of all items b.Playground equipment list c.Material Safety Data Sheets d. Touch up spray paint e.Connection hardware, bolt covers, etc. f.Other maintenance kit components as furnished by equipment manufacturer (minimum to include Owner’s Manual, Equipment Maintenance and Installation Instructions) 11.Clean site and remove all debris in a legal manner. AGENDA ITEM #4. a) 12.Keep to schedule as identified below, notify in writing of any known or anticipated schedule changes. Schedule: Order Date: 10/1 LSI ship date: 10/26 R&R Demo: 10/26 Evaluate drainage after demo is in good working order and if possible repairs needed. R&R Install: 11/9 R&R Completion: 12/11 EWF blown in: 12/14 – 12/22 Completion 12/23 (substantial completion, 30 days for final acceptance) AGENDA ITEM #4. a) Lead Time Terms 4 to 6 weeks quote expires December 31, 2020 Quantity Drawing / Model #per unit Total 1 Site Prep 71,217.90$ 1 1143127-03-01 307,190.00$ 1 1143127-03-01 7,985.00$ 1 Install 110,311.25$ 745 Y³28.66$ 21,352.07$ 745 Y³14.85$ 11,063.25$ -$ -$ -$ Freight 176-20-09 21,269.64$ (34,038.90)$ Sub Total 516,350.21$ Tax (10.0%) 51,635.02$ Sub Total 567,985.23$ Bond Fees 19,879.48$ Tax on Bond Fees (10.%)1,987.95$ Grand Total 589,852.67$ Engineered Wood Fiber Playground Safety Surfacing, ASTM F2075- 10a compliant [ 12" compacted depth ] Blown In Delivery and Installation (includes prevailing wage) HealthBeat Equipment per itemized quote sheet (attached); Innovated, Engineered and Manufactured by Landscape Structures Date August 17, 2020 Quoted by Chris Donahue 253.691.6847 Value Point / NASPO Purchasing Contract Playground Equipment per itemized quote sheet (attached); Innovated, Engineered and Manufactured by Landscape Structures Removal of existing play equipment, footings, Engineered Wood Fiber (EWF) play surfacing and associated material. Disposal of demolished material in responsible and legal manner. Installation of LSI 1143127-3 by certified and factory trained, locally-based installation crew (includes prevailing wage) APPROVAL SIGNATURE ______________________________________________ signature ______________________________________________ print name ______________________________________________ date PO# PROJECTLOCATION: Gene Coulon Memorial Beach Park 1201 Lake Washington Blvd N Renton, WA 98056. Gene Coulon Memorial Beach Park WORKSHEET #2002‐10433‐4 TO: Erica Schmitz, Parks Planning Manager Community Services, Sixth Floor City of Renton 1055 South Grady Way Renton, WA 98057 (425) 430‐6614 Email: eschmitz@rentonwa.gov Play Equipment Manufacture: LandscapeStructures, Inc. attention: Misty Link 601 ‐7th Street South Delano, MN 55328‐0198 MistyLink@playlsi.com 763.972.5591 Project Representative/Contact: PlayCreation, Inc. attention: Chris Donahue 2104 SW 152nd Street, ste 1 Burien, WA 98166 Chris@playcreation.com 206.932.5778 fax AGENDA ITEM #4. a) PlayCAD Quote Itemized Quote Date: 08/17/2020 Organization: PlayCreation, Inc Design No: 1762310‐1 By: Chris Donahue Contact: chris@playcreation.com | 253.691.6847 Project: Gene Coulon Memorial Beach Park Location: Renton, WA Page 1 of 5 PlayBooster® (5‐12 years) PHASE‐1 Direct Bury Mixed Material UNIT TOTAL QTY NO. DESCRIPTION WEIGHT (lb) PRICE (US $) WEIGHT (lb) PRICE (2020) PlayBooster® Bridges & Ramps 1 143677B Arch Bridge w/Barrier 494.0 5,395.00 1 147425A Clatterbridge 123 w/Barriers 623.0 6,280.00 1 152443A Grid Walk w/Barriers 328.0 3,240.00 Climbers Other 1 219509A GeoPlex Climber 48"Dk 64.0 885.00 1 220544A GeoPlex Ground‐To‐Deck Triple Climber 72"Dk Alum DB 338.0 5,275.00 Climbers W/Permalene Handholds 1 229828D Chimney Climb Across 96"Dk 24"Dk Difference DB Only 170.0 4,895.00 1 148432B Corkscrew Perm Handholds 72"Dk DB 80.0 1,200.00 1 202625A Crest Climber w/Permalene Handholds 205.0 5,190.00 1 152907B Deck Link w/Barriers Steel end panels 2 Steps 182.0 1,905.00 1 152907C Deck Link w/Barriers Steel end panels 3 Steps 236.0 2,490.00 1 229832A Dot‐to‐Dot Climber 204.0 2,120.00 1 176080A Logo Climber 56"Dk DB 93.0 1,375.00 1 176078A Lollipop Climber 48"Dk DB 63.0 1,355.00 1 116249A Vertical Ladder 24"Dk DB 40.0 710.00 Decks 1 152911C Curved Transfer Module Left 48"Dk DB 279.0 2,715.00 4 178710A Hexagon Tenderdeck 285.0 2,735.00 1140.0 10,940.00 2 111228A Square Tenderdeck 118.0 955.00 236.0 1,910.00 1 111231A Triangular Tenderdeck 62.0 740.00 Enclosures 1 164094B Bongo Reach Panel Ground Level 37.0 835.00 2 115223A Bubble Panel Above Deck 38.0 795.00 76.0 1,590.00 1 115254A Storefront Panel 24.0 580.00 6 120314A Wire Barrier Above Deck 38.0 635.00 228.0 3,810.00 Motion & More Fun 2 111357A Chinning Bar Alum DB 41.0 495.00 82.0 990.00 1 120901A Grab Bar 5.0 180.00 1 111357B Turning Bar Alum DB 35.0 475.00 AGENDA ITEM #4. a) PlayCAD Quote Itemized Quote Date: 08/17/2020 Organization: PlayCreation, Inc Design No: 1762310‐1 By: Chris Donahue Contact: chris@playcreation.com | 253.691.6847 Project: Gene Coulon Memorial Beach Park Location: Renton, WA Page 2 of 5 PlayBooster® (5‐12 years) PHASE‐1 Direct Bury Mixed Material UNIT TOTAL QTY NO. DESCRIPTION WEIGHT (lb) PRICE (US $) WEIGHT (lb) PRICE (2020) Posts 2 111404F 108"Alum Post DB 28.0 280.00 56.0 560.00 1 111404E 116"Alum Post DB 29.0 285.00 8 111404D 124"Alum Post DB 30.0 330.00 240.0 2,640.00 8 111404C 132"Alum Post DB 31.0 345.00 248.0 2,760.00 4 111404A 148"Alum Post DB 36.0 365.00 144.0 1,460.00 4 111403A 182"Alum Post For Roof DB 40.0 415.00 160.0 1,660.00 6 111404Z 182"Steel Post DB 44" Bury 105.0 440.00 630.0 2,640.00 2 111403K 182"Steel Post For Roof DB 104.0 390.00 208.0 780.00 Roofs 1 130567A Hex Shingle Roof1 193.0 2,625.00 Slides 1 126368E 30"Dia El Tunnel Slide w/2 View 72"Dk DB 278.0 4,965.00 1 130798A Double Swirl Slide 56"Dk DB 176.0 2,110.00 1 130800C Gemini SlideWinder2 48"Dk DB 2 Straight 2 Right1 349.0 5,125.00 1 124863G SlideWinder2 96"Dk DB Only 2 Straight 2 Right 1 Left 269.0 3,920.00 1 124863G SlideWinder2 96"Dk DB Only 3 Straight 2 Left 269.0 3,920.00 Freestanding Play Motion & More Fun 3 152179A Saddle Spinner DB 16"Height 40.0 950.00 120.0 2,850.00 2 148638A Stand‐Up Seesaw DB 160.0 2,360.00 320.0 4,720.00 1 205800A TopsyTurny Spinner 42"Bury DB Only1 397.0 4,605.00 1 186490A We‐saw DB Only1 783.0 9,895.00 Signs 1 182503C Welcome Sign (LSI Provided) Ages 5‐12 years Direct Bury 24.0 0.00 Structures 1 248479A Crab Trap DB Only1 3324.0 65,150.00 1 254625A Super Netplex 8' Tower DB Only 2760.0 51,195.00 Swings 1 221292A 5" Arch Swing Frame 8' Beam Height Only 204.0 2,670.00 1 221293A 5" Arch Swing Frame 124.0 1,630.00 AGENDA ITEM #4. a) PlayCAD Quote Itemized Quote Date: 08/17/2020 Organization: PlayCreation, Inc Design No: 1762310‐1 By: Chris Donahue Contact: chris@playcreation.com | 253.691.6847 Project: Gene Coulon Memorial Beach Park Location: Renton, WA Page 3 of 5 PlayBooster® (5‐12 years) PHASE‐1 Direct Bury Mixed Material UNIT TOTAL QTY NO. DESCRIPTION WEIGHT (lb) PRICE (US $) WEIGHT (lb) PRICE (2020) Additional Bay 8' Beam Height Only 3 174018A Belt Seat ProGuard Chains for 8' Beam Height 8.0 120.00 24.0 360.00 1 177351A Molded Bucket Seat (5‐12 yrs) w/Harness ProGuard Chains for 8' Beam Height 48.0 800.00 1 173592A Oodle Swing DB Only1 395.0 5,110.00 PlayBooster® (2‐5 years) PHASE‐1 Direct Bury Aluminum UNIT TOTAL QTY NO. DESCRIPTION WEIGHT (lb) PRICE (US $) WEIGHT (lb) PRICE (2020) PlayBooster® Climbers W/Permalene Handholds 1 152431A ABC Climber 32"Dk DB 130.0 1,520.00 1 152907A Deck Link w/Barriers Steel end panels 1 Step 130.0 1,290.00 1 152907C Deck Link w/Barriers Steel end panels 3 Steps 236.0 2,490.00 1 153076A Mini Summit Climber 48"Dk DB 88.0 1,145.00 1 123284A Wiggle Ladder 32"Dk DB 41.0 645.00 Decks 1 122197A 90* Triangular Tenderdeck 66.0 805.00 1 121948A Kick Plate 8"Rise 13.0 110.00 4 111228A Square Tenderdeck 118.0 955.00 472.0 3,820.00 1 185852A Transfer Step w/2 Handloops DB 77.0 935.00 Enclosures 1 111240B Balcony Deck w/Wheel 122.0 1,395.00 1 115223A Bubble Panel Above Deck 38.0 795.00 1 115253A Hole Panel 30.0 565.00 1 130565A Table Panel DB 55.0 1,015.00 Motion & More Fun 2 120901A Grab Bar 5.0 180.00 10.0 360.00 1 111362A Talk Tube 40' Tubing Kit PB 15.0 200.00 1 111363A Talk Tube At Grade Mounted DB Only 14.0 475.00 AGENDA ITEM #4. a) PlayCAD Quote Itemized Quote Date: 08/17/2020 Organization: PlayCreation, Inc Design No: 1762310‐1 By: Chris Donahue Contact: chris@playcreation.com | 253.691.6847 Project: Gene Coulon Memorial Beach Park Location: Renton, WA Page 4 of 5 PlayBooster® (2‐5 years) PHASE‐1 Direct Bury Aluminum UNIT TOTAL QTY NO. DESCRIPTION WEIGHT (lb) PRICE (US $) WEIGHT (lb) PRICE (2020) 1 111363F Talk Tube Deck Mounted 48"Dk DB Only 20.0 520.00 1 111357B Turning Bar Alum DB 35.0 475.00 Posts 4 111404G 100"Alum Post DB 26.0 275.00 104.0 1,100.00 4 111404F 108"Alum Post DB 28.0 280.00 112.0 1,120.00 4 111404D 124"Alum Post DB 30.0 330.00 120.0 1,320.00 4 111403H 126"Alum Post For Roof DB 29.0 335.00 116.0 1,340.00 4 111404I 84"Alum Post DB 21.0 255.00 84.0 1,020.00 4 111404H 92"Alum Post DB 23.0 265.00 92.0 1,060.00 Roofs 1 130102B Super Square Shingle Roof Poly1 219.0 3,485.00 Slides 1 145838A Lava Run Slide DB 113.0 1,570.00 1 124863C SlideWinder2 48"Dk DB 1 Straight 1 Right 178.0 2,435.00 Tunnels 1 122589B Offset Crawl Tunnel 16"Offset Deck To Ground 104.0 3,030.00 1 117088B S Inclined Tunnel DB 16"Dk 174.0 5,250.00 Freestanding Play Motion & More Fun 2 152179A Saddle Spinner DB 12"Height 40.0 950.00 80.0 1,900.00 Sensory Play 1 168099A Cozy Dome DB 247.0 4,130.00 Signs 1 182503A Welcome Sign (LSI Provided) Ages 2‐5 years Direct Bury 24.0 0.00 Swings 1 221292A 5" Arch Swing Frame 8' Beam Height Only 204.0 2,670.00 2 221293A 5" Arch Swing Frame Additional Bay 8' Beam Height Only 124.0 1,630.00 248.0 3,260.00 5 176038A Full Bucket Seat ProGuard Chains for 8' Beam Height 14.0 325.00 70.0 1,625.00 1 218671C Molded Bucket Seat (2‐5 yrs) w/Harness ProGuard Chains for 8' Beam Height 50.0 800.00 AGENDA ITEM #4. a) PlayCAD Quote Itemized Quote Date: 08/17/2020 Organization: PlayCreation, Inc Design No: 1762310‐1 By: Chris Donahue Contact: chris@playcreation.com | 253.691.6847 Project: Gene Coulon Memorial Beach Park Location: Renton, WA Page 5 of 5 SUMMARY CONCRETE (cu‐ft) FOOTINGS (count) LABOR (man‐hours) WEIGHT (lb) PRICE (2020) PlayBooster® (5‐12 years) PHASE‐1 451.0 139 386.8 17,096.0 251,515.00 Total Safety Zone Area = 19324 sq. ft. PlayBooster® (2‐5 years) PHASE‐1 89.9 55 84.8 3,931.0 55,675.00 Total Safety Zone Area = 19324 sq. ft. ALL PHASES PlayBooster® 159.4 99 197.0 11,581.0 143,820.00 Freestanding Play 381.5 95 274.5 9,446.0 163,370.00 Total 540.9 194 471.5 21,027.0 307,190.00 AGENDA ITEM #4. a) Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of NPSI-certified designers, along with 2D and 3D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #267817 ©2020 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765-2118 AGENDA ITEM #4. a) N®®AGENDA ITEM #4. a) AGENDA ITEM #4. a) AGENDA ITEM #4. a) Unanticipated Discovery Plan September 1, 2020 ATTACHMENT B PLAN AND PROCEDURES FOR THE UNANTICIPATED DISCOVERY OF CULTURAL RESOURCES AND HUMAN SKELETAL REMAINS GENE COULON MEMORIAL BEACH PARK PLAY EQUIPMENT UPGRADE PROJECT, KING COUNTY WASHINGTON 1. INTRODUCTION The City of Renton plans to construct the Gene Coulon Memorial Beach Park Play Equipment Upgrade project. The purpose of this project is to remove and replace 16-year old play equipment, safety surfacing and improve subsurface drainage for the playground at Gene Coulon Memorial Beach Park. The following Unanticipated Discovery Plan (UDP) outlines procedures to follow, in accordance with state and federal laws, if archaeological materials or human remains are discovered. 2. RECOGNIZING CULTURAL RESOURCES A cultural resource discovery could be prehistoric or historic. Examples include: •An accumulation of shell, burned rocks, or other food related materials •Bones or small pieces of bone, •An area of charcoal or very dark stained soil with artifacts, •Stone tools or waste flakes (i.e. an arrowhead, or stone chips), •Clusters of tin cans or bottles, logging or agricultural equipment that appears to beolder than 50 years, •Buried railroad tracks, decking, or other industrial materials. When in doubt, assume the material is a cultural resource. 3.ON-SITE RESPONSIBILITIES STEP 1: STOP WORK. If any City of Renton employee, contractor or subcontractor believes that he or she has uncovered a cultural resource at any point in the project, all work adjacent to the discovery must stop. The discovery location should be secured at all times. STEP 2: NOTIFY CITY OF RENTON PROJECT MANAGEMENT. Contact the City of Renton Project Manager: AGENDA ITEM #4. a) 2 City of Renton Project Manager: Erica Schmitz 425-430-6614 206-550-4503 eschmitz@rentonwa.gov City of Renton Alternate Contact: Leslie Betlach 425-430-6619 lbetlach@rentonwa.gov The Project Manager will make all other calls and notifications. If human remains are encountered, treat them with dignity and respect at all times. Cover the remains with a tarp or other materials (not soil or rocks) for temporary protection in place and to shield them from being photographed. Do not call 911 or speak with the media. AGENDA ITEM #4. a) 3 4. FURTHER CONTACTS AND CONSULTATION A. Project Manager’s Responsibilities: • Protect Find: The City of Renton Project Manager is responsible for taking appropriate steps to protect the discovery site. All work will stop in an area adequate to provide for the total security, protection, and integrity of the resource. Vehicles, equipment, and unauthorized personnel will not be permitted to traverse the discovery site. Work in the immediate area will not resume until treatment of the discovery has been completed following provisions for treating archaeological/cultural material as set forth in this document. • Direct Construction Elsewhere On-site: The City of Renton Project Manager may direct construction away from cultural resources to work in other areas prior to contacting the concerned parties. • Identify Find: The City of Renton Project Manager will ensure that a qualified professional archaeologist examines the find to determine if it is archaeological. o If it is determined not archaeological, work may proceed with no further delay. o If it is determined to be archaeological, the City of Renton Project Manager will continue with notification. o If the find may be human remains or funerary objects, the City of Renton Project Manager will ensure that a qualified physical anthropologist examines the find. If it is determined to be human remains, the procedure described in Section 5 will be followed. • Notify DAHP: The City of Renton Project Manager will contact the Department of Archaeology and Historic Preservation (DAHP). • Notify Tribes: If the discovery may relate to Native American interests, the City of Renton Project Manager will also contact the interested and affected tribes. Department of Archaeology and Historic Preservation: Dr. Allyson Brooks State Historic Preservation Officer 360-586-3066 or Rob Whitman State Archaeologist (360) 586-3080. Rob.Whitlam@dahp.wa.gov The City of Renton Project Manager will contact the interested and affected Tribes. Tribes consulted on this project are: Tribe: Tribe: AGENDA ITEM #4. a) 4 Muckleshoot Tribe Jaison Elkins, Chair 253.939.3311 ext 3194 Laura Murphy, Cultural Resources 253.876.3272 laura.murphy@muckleshoot.nsn.us Snoqualmie Indian Tribe Robert de los Angeles, Chair 425.888.6551 Steve Mullen-Moses, Cultural Resources 425.888.6551 Steve@snoqualmietribe.us B. Further Activities • Archaeological discoveries will be documented as described in Section 6. • Construction in the discovery area may resume as described in Section 7. 5. SPECIAL PROCEDURES FOR THE DISCOVERY OF HUMAN SKELETAL MATERIAL Any human skeletal remains, regardless of antiquity or ethnic origin, will at all times be treated with dignity and respect. The project occurs on non-federal lands, and the City of Renton will comply with applicable state and federal laws, and the following procedure: A. Notify Law Enforcement Agency and Coroner’s Office: In addition to the actions described in Sections 3 and 4, the Project Manager will immediately notify the local law enforcement agency and coroner’s office. The medical examiner (with assistance of law enforcement personnel) will determine if the remains are human, whether the discovery site constitutes a crime scene, and will notify DAHP if the remains are determined to be non-forensic. King County Medical Examiner's Office 206-731-3232 B. Participate in Consultation: Per RCW 27.44.055, RCW 68.50, and RCW 68.60, DAHP will have jurisdiction over non-forensic human remains and will make a determination of whether the remains are Indian or not, and notify all affected tribes. City of Renton personnel will participate in consultation. C. Further Activities: AGENDA ITEM #4. a) 5 • Documentation of human skeletal remains and funerary objects will be agreed upon through the consultation process described in RCW 27.44.055, RCW 68.50, and RCW 68.60. • When consultation and documentation activities are complete, construction in the discovery area may resume as described in Section 7. . 6. DOCUMENTATION OF ARCHAEOLOGICAL MATERIALS Archaeological deposits discovered during construction will be assumed eligible for inclusion in the National Register of Historic Places under Criterion D until a formal Determination of Eligibility is made. City of Renton staff will ensure the proper documentation and assessment of any discovered cultural resources in cooperation with DAHP, affected tribes, and a contracted consultant (if any). All prehistoric and historic cultural material discovered during project construction will be recorded by a professional archaeologist on State of Washington cultural resource site or isolate form using standard techniques. Site overviews, features, and artifacts will be photographed; stratigraphic profiles and soil/sediment descriptions will be prepared for subsurface exposures. Discovery locations will be documented on scaled site plans and site location maps. Cultural features, horizons and artifacts detected in buried sediments may require further evaluation using hand-dug test units. Units may be dug in controlled fashion to expose features, collect samples from undisturbed contexts, or interpret complex stratigraphy. A test excavation unit or small trench might also be used to determine if an intact occupation surface is present. Test units will be used only when necessary to gather information on the nature, extent, and integrity of subsurface cultural deposits to evaluate the site’s significance. Excavations will be conducted using state-of-the-art techniques for controlling provenience. Spatial information, depth of excavation levels, natural and cultural stratigraphy, presence or absence of cultural material, and depth to sterile soil, regolith, or bedrock will be recorded for each probe on a standard form. Test excavation units will be recorded on unit-level forms, which include plan maps for each excavated level, and material type, number, and vertical provenience (depth below surface and stratum association where applicable) for all artifacts recovered from the level. A stratigraphic profile will be drawn for at least one wall of each test excavation unit. Sediments excavated for purposes of cultural resources investigation will be screened through 1/8-inch mesh, unless soil conditions warrant ¼-inch mesh. AGENDA ITEM #4. a) 6 All prehistoric and historic artifacts collected from the surface and from probes and excavation units will be analyzed, catalogued, and temporarily curated. Ultimate disposition of cultural materials will be determined in consultation with the DAHP and the affected tribes. Within 90 days of concluding fieldwork, a technical report describing any and all monitoring and resultant archaeological excavations will be provided to the Project Manager, who will forward the report to the SHPO and the affected tribe(s). If assessment activity exposes human remains (burials, isolated teeth, or bones), the process described in Section 5 above will be followed. 7. PROCEEDING WITH CONSTRUCTION Project construction outside the discovery location may continue while documentation and assessment of the cultural resources proceed. A professional archaeologist must determine the boundaries of the discovery location. In consultation with DAHP and affected tribes, a professional archaeologist will determine the appropriate level of documentation and treatment of the resource. Construction may continue at the discovery location only after the process outlined in this plan is followed and the City of Renton determine that compliance with state and federal laws is complete. AGENDA ITEM #4. a) AGENDA ITEM #4. a) AGENDA ITEM #4. a) 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 #5. a) 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 #5. a) 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 #5. a) cc: Jan Hawn, ASD Administrator Chip Vincent, Community & Economic Development Administrator AGENDA ITEM #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a) 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 #5. a)