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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, January 10, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely
through Zoom. Audience comments will be accommodated through Zoom. Speakers must
click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the
day of the Council meeting. The public may also submit comments in writing to
cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for
those who wish to speak during public hearings.
Registration for Audience Comment
Registration will be open at all times, but speakers must register by 5 p.m. on the day of a
Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of
the Council meeting will not be called upon to speak and will be required to re-register for the
next Council meeting if they wish to speak at that next meeting.
• Request to Speak Registration Form
• You may also copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
• You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
• Instructions for Virtual Attendance
For those wishing to attend by Zoom, please (1) click this link:
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253-
215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on
the day of the meeting to request an invite with a link to the meeting.
Those providing audience comments will be limited to 5 minutes each speaker unless an
exception is granted by the Council. Attendees will be muted and not audible to the Council
except during times they are designated to speak. Advance instructions for how to address
the Council will be provided to those who sign up in advance to speak and again during the
meeting.
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC HEARING
a) Health through Housing
4. ADMINISTRATIVE REPORT
a) Administrative Report
5. AUDIENCE COMMENTS
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of January 3, 2022.
Council Concur
b) AB - 3042 City Clerk reports bid opening on October 28, 2021 for CAG-21-004, Highlands
to Landing Pedestrian Lighting Phase II project and submits the staff recommendation to
award the contract to the lowest responsive and responsible bidder, Colvico, Inc., in the
amount of $330,490.83.
Refer to Finance Committee
c) AB - 3050 City Clerk reports bid opening on December 8, 2021 for the Family First
Community Center construction project, and submits the staff recommendation to award
the contract to the lowest responsive and responsible bidder, Comer GC, Inc., in the
amount of $12,474,330.00.
Refer to Finance Committee
d) AB - 3047 Community & Economic Development Department recommends execution of a
contract agreement, with Main Street Renton dba Renton Downtown Partnership, in the
amount of $260,000, to support efforts and to apply and obtain the designation of a
Washington State Main Street community.
Refer to Finance Committee
e) AB - 3048 Community & Economic Development Department recommends execution of
an agreement with the Washington State Department of Commerce, to accept $490,000
in grant funds, for services related to the Renton Trail Connector project, which extends a
path in the heart of Downtown Renton separated from the roadway that connects with
regional networks including the Lake to Sound and Cedar River trails to foster a more
walkable and bikeable environment.
Refer to Finance Committee
f) AB - 3049 Community & Economic Development Department recommends approval of
Amendment No. 7 to the Real Estate Disposition and Development Agreement with
Cosmos International Corp. to extend the feasibility period to March 15, 2022.
Council Concur
g) AB - 3030 Equity, Housing, and Human Services Department recommends adoption of a
resolution authorizing execution of an interagency agreement with the Washington State
Department of Commerce, Growth Management Services, to accept $100,000 in grant
funds to implement an existing Housing Action Plan. The grant funds will be used for the
following projects: 1) A sub-regional tracking and monitoring program for affordable
housing across south King County cities, 2) A residential land use study to promote
diverse housing types and sizes, and 3) A nexus study to evaluate the use of linkage fees
to generate revenue for affordable housing.
Refer to Finance Committee
h) AB - 3045 Municipal Court recommends approval of a two-year Therapeutic Courts grant,
issued by the Administrative Office of the Courts, in the amount of $202,633, to assist
with the costs associated with establishing a Renton Municipal Court Coordinator/Case
Manager position to oversee the Community Court program.
Refer to Finance Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Committee of the Whole: EHHS Introduction & ARPA Allocation Plan, Health Through
Housing
b) Finance Committee: Vouchers, Best Starts for Kids - Out-of-School Time 2022 Grant
Extension (STREAM Team), Request to Hire Lead Golf Course Maintenance Worker at
Step D, Cascade Park Playground Equipment Replacement, Conversion of Transportation
Planning Civil Engineer III 0.5 FTE to 1.0 FTE
c) Utilities Committee: 2022 Solid Waste Utility Revenue and Fund Requirements*
8. LEGISLATION
Ordinance for first reading:
a) Ordinance No. 6054: 2022 Solid Waste Revenue and Fund Requirements (See Item 7.c)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:30 p.m. - MEETING REMOTELY
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
Health Through Housing-Renton
(LUA21-000389, DA)
Clark Close, Senior Planner
(425) 430-7289
cclose@rentonwa.gov
January 10, 2022
Public Hearing
AGENDA ITEM #3. a)
▪Project Request and
Location
▪Background Summary
▪Development Agreement
▪Renton Municipal Code
Analysis
▪Staff Recommendation
Presentation Overview
2 AGENDA ITEM #3. a)
▪King County DCHS is requesting a
Development Agreement and change of use
to convert the former Extended Stay America
hotel to Permanent Supportive Housing.
▪Located within the Employment Area (EA)
Comprehensive Plan land use designation
and the Commercial Office (CO) zoning
classification at 1150 Oakesdale Ave SW.
▪Application was submitted on 10/8/21 and
the determined complete on 11/8/21.
▪SEPA Environmental Review was completed
for the Permanent Supportive Housing
development project with the County issuing
a DNS on 10/12/21.
Project Request and Location
3
SITE
King County
Sewer
Treatment
Plant
SW 7th St
BlackRiver
South Condos
Office Building
Valley 405
Office Park
Enterprise Rent
a Car
Shell
Convenience
Store and Gas
Station
AGENDA ITEM #3. a)
▪3.89-acre site located in Valley Community
Planning Area with site access via a
Oakesdale Ave SW.
▪Developed as a 3-story 110-room hotel with
approx. 68,000 sf. Each room offers a bed or
beds, a kitchenette, a bathroom, and are
approx. 318 to 470 sf in size.
▪Convert the extended stay hotel to approx.
106 affordable units and retain approx. 117
surface parking spaces.
▪Project would include minor site plan and
building improvements, such as an amenity
area, fencing, refuse and recycling area, and
equipping each room with Kitchen.
Project Request and Location, cont.
4
SITE
AGENDA ITEM #3. a)
▪The County purchased the property in
2021.
▪The State Legislature has authorized the
execution of development agreements
per RCW 36.70B.170-210.
▪The proposed use includes 24-hour
staffing, a code-of-conduct for all
residents, active individualized case
management, wrap-around service
availability for residents, adherence to a
good neighbor plan that addresses litter,
noise, and security procedures.
Background Summary
5 AGENDA ITEM #3. a)
▪The proposed project would require building and/or construction permits,
create additional demand for transportation and park system improvements,
school facilities, and fire protection facilities. All applicable fees would be
paid in accordance with the current fee schedule.
▪Public Comment received regarding safety concerns.
▪The City would reserve the authority to impose new or different
Development Regulations to the extent required by a serious threat to public
health and safety.
▪The County intends to use a third-party operator and
anticipates that they would likely transfer ownership.
▪The housing site is proposed to be operated with the
following plans: security plan, transportation plan,
support services plan, common recreation space plan,
outdoor recreation space plan, and fire/life safety plan.
Background Summary, cont.
6 AGENDA ITEM #3. a)
Development Agreement
▪A development agreement sets forth
the development standards that apply
to, govern and vest the development,
use and mitigation of the development
per RCW 36.70B.170(1).
▪Through the approval of the Agreement,
the City Council issues land use approval
for the project file (LUA21-000389) for
the Permanent Supportive Housing Site
as an alternative to the County applying
for and obtaining a conditional use
permit and site plan review approval as
part of the hearing examiner approval
process.
7 AGENDA ITEM #3. a)
Development Agreement, cont.
8
▪Project elements include permitted use,
operations, and other development
standards and requirements that would
apply to the project.
▪Operations would follow the plans, pay
applicable fees, comply with urban design
regulations, and follow other building and
fire protection codes for future permits.
▪In addition, the Agreement establishes
terms, vesting period, and general provisions.
For example, the term requires the operator
to occupy the site as Permanent Supportive
Housing Site within four (4) years of the
effective date.AGENDA ITEM #3. a)
▪SEPA Environmental Review
▪Availability of public services and facilities
▪Comprehensive Plan Compliance and Consistency
▪Zoning Development Standard Compliance and Consistency
▪Design District
▪Critical Areas
▪Site Plan Review
▪Conditional Use Permit Decision Criteria:
•Consistency with Plans and Regulations
•Appropriate Location
•Effects on Adjacent Properties
•Compatibility
•Parking
•Traffic
•Noise, Light, and Glare
•Landscaping
▪Development Agreement is consistent with RMC
Renton Municipal Code Analysis
9 AGENDA ITEM #3. a)
Recommendation
▪Staff recommends approval of the Health Through Housing-Renton Development
Agreement and change of use, File No. LUA21-000389, DA for the proposed
permanent supportive housing development project with on-site services for the
chronically homeless on Oakesdale.
10 AGENDA ITEM #3. a)
Mayor’s Office
Memorandum
DATE: January 10, 2022
TO: Ryan McIrvin, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• City Hall is open for in-person services at our Finance and Police Counters, Monday
through Wednesday, 9 a.m. to 3 p.m. Our Municipal Court counter is open Thursday
and Friday, 8:30 a.m. to 4:30 p.m., while hearings are conducted via zoom. Our staff
continues to provide (and improve) virtual and online customer services such as our
Virtual Permit Counter and our Recreation Programming reservation process. Space
is limited in each facility and masks are required when inside a city facility as we
follow guidance that protects both you and our employees. For more information,
please visit our website.
• In response to the recent inclement weather, a cold weather shelter was activated in
the Renton Highlands. The shelter opened December 26, 2021 and operated on a
24/7 schedule through January 2, 2022. The shelter served between 6 and 29
people while opened.
• Starting January 10, 2022, King County Metro Via to Transit has expanded their
service hours and designated hubs (pick up/drop off locations) in the Renton
Highlands. The new service hours are Monday through Saturday, 5:00 AM to 1:00
AM and Sunday, 6:00 AM to 12:00 AM. The updated designated hubs are Renton
Transit Center, Kaiser Permanente-Renton, Bartells/QFC, Renton Highlands Library,
Renton Technical College, The Landing, Hazen High School and
Safeway/Starbucks/Post Office. Service can be requested through the Via
smartphone app or by calling 206-258-7739. Riders can pay with an ORCA card, a
Transit GO Ticket, or a credit or debit card. The goal of Via to Transit is to make
getting to and from transit and around the community easier and more accessible.
Via to Transit is available for trips in defined service areas only. One end of each trip
must be a designated hub for the service area.
• In addition, King County Metro Via to Transit Point-to-Point is a pilot, on demand
service that ACCESS-eligible customers can choose to make trips anywhere within
Southeast Seattle and Tukwila during service hours. Service hours are Monday
AGENDA ITEM #4. a)
Ryan McIrvin, Council President
Members of Renton City Council
Page 2 of 2
January 10, 2022
through Saturday, 5:00 AM to 1:00 AM, Sunday, 6:00 AM to 12:00 AM. Rides must
start and end within the service area. Need help or have questions? Call 206-553-
3000 or WA Relay 711.
• Information about preventative street maintenance, traffic impact projects, and
road closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open. Preventative street maintenance, traffic impact projects, and road
closures will be at the following locations:
On-going Street Closure through October 4, 2023 (City of Renton Resolution
No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street
and Harrington Place NE in support the Solera Development Project (LUA20-
000305). Questions may be directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #4. a)
January 3, 2022 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, January 3, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Ryan McIrvin, Council President
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Ed Prince, Council Position No. 5
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
(All councilmembers attended remotely)
Councilmembers Absent:
Valerie O'Halloran, Council Position No. 3
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL EXCUSE ABSENT
COUNCILMEMBER VALERIE O'HALLORAN. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Judith Subia, Council Liaison
April Alexander, Executive Assistant
Kristi Rowland, Deputy Chief Administrative Officer
Preeti Shridhar, Equity, Housing, and Human Services Administrator
Chip Vincent, Community & Economic Development Administrator
Martin Pastucha, Public Works Administrator
Kari Roller, Finance Department Administrator
Ellen Bradley-Mak, Human Resources and Risk Management Administrator
Kelly Beymer, Parks & Recreation Department Administrator
Jessica Giner, Municipal Court Judge
AGENDA ITEM #6. a)
January 3, 2022 REGULAR COUNCIL MEETING MINUTES
Kara Murphy Richards, Municipal Court Judge
Ron Straka, Public Works Utility Systems Director
Vangie Garcia, Public Works Transportation Planning Manager
Chief Jon Schuldt, Police Department Administrator
Commander Ryan Rutledge, Police Department
(All City staff attended remotely except City Clerk Seth)
SWEARING-IN CEREMONY
1) James Alberson, Sr. administered the oath of office to James Alberson, Jr., Council
Position No. 1.
2) Jasmine Maisonet administered the oath of office to Carmen Rivera, Council Position
No. 2.
3) Washington Supreme Court Justice Mary Yu administered the oath of office to Ruth
Pérez, Council Position No. 6.
Mayor Pavone congratulated the newly- and re-elected Councilmembers.
INTRODUCTION OF MUNICIPAL COURT JUDGES
1. Jessica Giner, Municipal Court Judge Position No. 1, expressed appreciation for the
opportunity to meet Council and invited them to tour the Municipal Court.
2. Kara Murphy Richards, Municipal Court Judge Position No. 2, also expressed appreciation
for the opportunity to meet Council and emphasized that the Municipal Court has many new
community programs, and she also encouraged Council to tour the Municipal Court.
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2022 and
beyond. Items noted were:
• Renton History Museum is hosting two new exhibits through February 11, 2022. The
Annual Art Show of the Brain Injury Alliance of Washington is in the main gallery,
featuring 23 pieces by 22 artists. These works demonstrate the healing power of
creativity. Also in the main gallery is Life on the Rivers, an exhibit that explores the
central role of the Black and the Cedar Rivers in the lives of Renton’s earliest
residents, the Duwamish People, and the white settlers who came later. Renton
History Museum is located at 235 Mill Ave. S.; hours are Wednesday through Friday,
10 am to 4 pm.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AGENDA ITEM #6. a)
January 3, 2022 REGULAR COUNCIL MEETING MINUTES
AUDIENCE COMMENTS
• Diane Dobson, Renton, expressed disappointment in Council's action to pursue a new
use of the Renton Pavilion, urged them to review the Civic Core Plan, and remarked
that construction delays as well as the pandemic have caused hardships for many
downtown business owners. Mayor Pavone noted that $600,000 in small business
grants were made available and only about $200,000 had been allocated. He noted
that there will be a second round of grant applications for those who missed the first
deadline.
• Jay (unknown), Renton, expressed dismay regarding the open drug use and crime
occurring near the 7-11 and Safeway stores in downtown. He asked Council to
allocate more resources to address these issues.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember
Pérez requested Items 7.f, 7.g, 7.h, 7.i, and 7.j be removed for separate consideration.
a) Approval of Council Meeting minutes of 12/13/2021. Council Concur.
b) AB - 3025 City Clerk submitted the King County certified election results for the November 2,
2021 General Election as follows: Council Position No. 1: James Alberson - 9,790 votes,
59.12% - ELECTED; Joe Todd - 6,695 votes, 40.43% ; Write-in - 75 votes, 0.45%; Council
Position No. 2: Carmen Rivera - 8,616 votes, 51.69% - ELECTED; Ben Johnson - 7,996 votes,
47.97%; Write-in - 57 votes, 0.34%; Council Position No. 6 Ruth Perez - 12,740 votes, 97.54% -
ELECTED; Write-in - 321 votes, 2.46%; Municipal Court Judge Position No. 1: Jessica Giner -
12,298, 98.15% - ELECTED; Write-in - 232 votes, 1.85%; Municipal Court Judge Position No. 2:
Kara Murphy Richards - 12,313 votes, 98.60% - ELECTED; Write-in - 175 votes, 1.40%. None;
Information Only.
c) AB - 3033 Parks & Recreation Department recommended authorizing execution of a grant
extension agreement, with School's Out Washington, in the amount of $87,002.50, subject to
approval as to form by the City Attorney Department, for the purpose of increasing a 0.75
Full-Time Equivalent (FTE) position to 1.0 FTE from January 1, 2022 through January 30, 2022
in the Recreation Division. Refer to Finance Committee.
d) AB - 3038 Parks & Recreation Department requested authorization to hire a Lead Golf Course
Maintenance Worker candidate at Step D of salary grade a16, effective January 3, 2022. Refer
to Finance Committee.
e) AB - 3041 Parks & Recreation Department - PPNR recommended approval of an agreement
with Northwest Playground Equipment, Inc., in the amount of $291,856.46, for the design,
demolition of existing equipment, and the furnishing and installation of new playground
equipment at Cascade Park. Refer to Finance Committee.
k) AB - 3044 Public Works Transportation Systems Division requested authorization to convert
an existing 0.5 Full-Time Equivalent (FTE) Civil Engineer III position to a 1.0 FTE Civil Engineer
III position, utilizing Washington Traffic Safety Commission grant funds and division savings
for 2022. Refer to Finance Committee.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEMS 7.F., 7.G., 7.H., 7.I, AND 7.J. CARRIED.
AGENDA ITEM #6. a)
January 3, 2022 REGULAR COUNCIL MEETING MINUTES
SEPARATE CONSIDERATION - ITEMS 7.F., 7.G., 7.H., 7.I., and 7.J.
f) AB - 3046 Police Department requested authorization to hire a Police Staff Services Specialist
at Step E of salary grade pn62, effective January 3, 2022. Refer to Finance Committee.
g) AB - 3034 Police Department requested authorization to hire a lateral police officer at Step D
of salary grade pc60, effective December 1, 2021. Refer to Finance Committee.
h) AB - 3035 Police Department requested authorization to hire a lateral police officer at Step D
of salary grade pc60, effective January 1, 2022. Refer to Finance Committee.
i) AB - 3036 Police Department requested authorization to hire a lateral police officer at Step D
of salary grade pc60, effective January 1, 2022. Refer to Finance Committee.
j) AB - 3037 Police Department requested authorization to hire a lateral police officer at Step D
of salary grade pc60, effective January 1, 2022. Refer to Finance Committee.
MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEMS 7.F, 7.G., 7.H., 7.I, AND 7.J. AS COUNCIL CONCUR.
CARRIED.
LEGISLATION
Ordinance for second and final reading:
a) Ordinance No. 6053: An ordinance was read amending Section 2-21-4 of the Renton
Municipal Code, updating the terms of appointment for the Renton Regional Fire Authority
Governing Board, providing for severability, and establishing an effective date.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED.
TIME: 7:28 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
03 Jan 2022
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
January 3, 2022
January 4, 2022
Tuesday
3:30 PM Utilities Committee, Chair Alberson – VIDEOCONFERENCE
1. 2022 Solid Waste Utility Revenue and Fund Requirements
2. Emerging Issues in Utilities
4:30 PM Community Services Committee, Chair Rivera – VIDEOCONFERENCE
1. Update on Parks and Trails Division
CANCELED Transportation Committee, Chair Văn
January 10, 2022
Monday
4:00 PM Finance Committee, Chair O’Halloran – VIDEOCONFERENCE
1. Best Starts for Kids - Out-of-School Time 2022 Grant Extension (STREAM
Team)
2. Request to Hire Lead Golf Course Maintenance Worker at Step D
3. Cascade Park Playground Equipment Replacement
4. Conversion of Transportation Planning Civil Engineer III 0.5 FTE to 1.0 FTE
5. Vouchers
6. Emerging Issues in Finance
4:45 PM * Planning & Development Committee, Chair Prince – VIDEOCONFERENCE
1. Docket 16 Update
2. Emerging Issues in CED
5:30 PM * Committee of the Whole, Chair McIrvin – VIDEOCONFERENCE
1. Appointments to Regional Boards & Committees
2. EHHS Introduction & ARPA Allocation Plan *
3. Health Through Housing *
7:00 PM Council Meeting – VIDEOCONFERENCE
* revised 01/04/22
AGENDA ITEM #6. a)
AB - 3042
City Council Regular Meeting - 10 Jan 2022
SUBJECT/TITLE: CONTRACT AWARD: Highlands to Landing Pedestrian Lighting Phase II
Project; CAG-21-004
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
Contract Amount: $330,490.83
Total Budget: $422,489
Engineer's Estimate: $332,227.50
SUMMARY OF ACTION:
The City Clerk Division opened sealed bids for the Highlands to Landing Pedestrian Lighting Phase II project on
October 28, 2021. The bid opening met the following Council criteria:
1) There were more than bid submitted.
2) The lowest responsive and responsible bid was within the project budget.
3) There were no irregularities with the lowest responsive and responsible bid.
Therefore, staff recommends awarding CAG-21-004, Highlands to Landing Pedestrian Lighting Phase II project,
to the lowest responsive and responsible bidder, Colvico, Inc., in the amount of $330,490.83.
EXHIBITS:
A. Staff Recommendation Memo
B. Bid Tab
STAFF RECOMMENDATION:
Award the contract for CAG-21-004, Highlands to Landing Pedestrian Lighting Phase II project, to the lowest
responsive and responsible bidder, Colvico, Inc., in the amount of $330,490.83.
AGENDA ITEM #6. b)
H:\File Sys\TED - Transp Engr Design\TED 40 - Projects\03981 H2L Ped Lighting\7000 Bidding\7300 Award\1-Admin\Working
files\Memo to City Clerk - Recommend Award of CAG-21-004.docx
Public Works Department
Memorandum
DATE: December 21, 2021
TO: Jason Seth, City Clerk
FROM: Bob Hanson, Transportation Design Manager
STAFF CONTACT: Emily Logan, Transportation Project Manager
SUBJECT: Award of Construction Contract for Highlands to Landing
Pedestrian Lighting Phase II Project, CAG-21-004
The Transportation Systems Division recommends that the Highlands to Landing Pedestrian Lighting
Phase II Construction Contract, in the amount of $330,490.83, be awarded to Colvico, Inc., P.O. Box 2682,
Spokane, WA 99220.
On Thursday October 28, 2021, the Bids were opened. There were three (3) bids submitted. The bid
submitted by Colvico, Inc. has been determined to be the lowest responsive and responsible bid.
The bid submitted by Colvico, Inc. was under the Engineer’s Estimate of $332,227.50 by $1,736.67. After
analysis of the bids, it was determined that the bid is a fair representation of the cost of the work
associated with this project.
The total budget for Highlands to Landing Pedestrian Lighting Phase II project is $422,489. The total
expenditures to date from the budget is $149,445. Therefore, the total funding available for the
construction phase is $273,044 (construction contract and construction management). Of that amount,
$82,146 is estimated for construction management and $50,700 is estimated for Additional Design
Services. The remaining budget leaves $140,198 for the construction contract. The bid from Colvico, Inc.
is $330,490.83. The estimated funding shortfall for the construction contract is $190,292. The additional
shortfall funds will come from the 317 Fund Balance and will be adjusted during Carryforward.
The construction contract provides pedestrian lighting and miscellaneous improvements identified in the
contract. The work includes but is not limited to fence repair, temporary erosion control, restoration of
landscaping and irrigation, and temporary traffic control.
AGENDA ITEM #6. b)
Jason Seth
Page 2 of 2
December 21, 2021
h:\file sys\ted - transp engr design\ted 40 - projects\03981 h2l ped lighting\7000 bidding\7300 award\1-admin\working
files\memo to city clerk - recommend award of cag-21-004.docx
Description Amount Totals
CM Agreement:$82,146.00
Previous Supplements __ $0.00
This Supplement No. __ $0.00
Total $82,146.00
Construction Design Support Agmt.: $0.00
Previous Supplements __ $0.00
This Supplement No. __ $0.00
Total $0.00
Additional Design Services Agmt.: $50,700.00
Previous Supplements __ $0.00
This Supplement No. __ $0.00
Total $50,700.00
Environmental Services Agmt: $0.00
Previous Supplements __ $0.00
This Supplement No. __ $0.00
Total $0.00
Construction Contract: $330,490.83
Previous Change Orders __ $0.00
This Change Order No. __ $0.00
Total $330,490.83
Encumbrance Grand Total $463,336.83
Project Construction Revenue $273,044.52
Remaining Constr. Revenue Budget -$190,292.31
Project Construction Contractual Encumbrance
Project: Highlands to Landing Pedestrian Lighting Phase II
Attachments Bid Tabulations
cc: Martin Pastucha, Public Works Administrator
Jim Seitz, Transportation Systems Director
AGENDA ITEM #6. b)
BID TABULATIONS
PROJECT: HIGHLANDS TO LANDING PEDESTRIAN LIGHTING PHASE II
BID DATE: TUESDAY, OCTOBER 26, 2021
BID OPENING: THURSDAY, OCTOBER 28, 2021
ITEM NO.ITEM DESCRIPTION SPEC.
SECTION UNIT QUANTITY UNIT PRICE* EXTENSION UNIT PRICE* EXTENSION UNIT PRICE* EXTENSION UNIT PRICE* EXTENSION
1 Mobilization 1-09 LS 1 31,000.00 31,000.00 13,200.00 13,200.00 35,433.00 35,433.00 35,000.00 35,000.00
2 Roadway Surveying 1-05 LS 1 2,500.00 2,500.00 7,700.00 7,700.00 4,500.00 4,500.00 4,725.00 4,725.00
3 COVID-19 Health and Safety Plan 1-07 LS 1 2,500.00 2,500.00 2,223.00 2,223.00 750.00 750.00 500.00 500.00
4 Utility Potholing 1-07 EST 1 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00
5 Resolution of Utility Conflicts 1-07 EST 1 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00
6 Project Temporary Traffic Control 1-10 LS 1 12,000.00 12,000.00 10,500.00 10,500.00 23,000.00 23,000.00 63,900.00 63,900.00
7 Flaggers 1-10 HR 360 60.00 21,600.00 108.00 38,880.00 69.00 24,840.00 82.50 29,700.00
8 Portable Changeable Message Sign 1-10 HR 1,000 7.00 7,000.00 10.25 10,250.00 6.00 6,000.00 6.25 6,250.00
9 Vegetation Removal 2-01 SY 150 7.00 1,050.00 90.00 13,500.00 72.00 10,800.00 12.50 1,875.00
10 Roadway Excavation Including Haul 2-03 LS 1 9,000.00 9,000.00 12,840.00 12,840.00 6,500.00 6,500.00 5,000.00 5,000.00
11 Inlet Protection 8-01 EA 4 100.00 400.00 360.00 1,440.00 125.00 500.00 90.00 360.00
12 Wattles 8-01 LF 520 6.00 3,120.00 35.00 18,200.00 6.50 3,380.00 10.00 5,200.00
13 Topsoil Type A 8-02 CY 50 55.00 2,750.00 130.00 6,500.00 101.00 5,050.00 112.50 5,625.00
14 Fine Compost 8-02 CY 10 48.00 480.00 170.00 1,700.00 120.00 1,200.00 92.50 925.00
15 Plant Selection Rubus Pentalobus
"EMERALD CARPET"8-02 EA 1,000 5.00 5,000.00 29.00 29,000.00 15.00 15,000.00 30.00 30,000.00
16 Sprinkler Head Assembly 8-03 EA 32 105.00 3,360.00 46.00 1,472.00 85.00 2,720.00 75.00 2,400.00
17 PVC Pipe and Fittings 8-03 LF 450 24.00 10,800.00 5.20 2,340.00 33.00 14,850.00 12.50 5,625.00
18 Chain Link Fence Repair 8-12 LF 31 30.00 930.00 138.00 4,278.00 68.00 2,108.00 62.50 1,937.50
19 Illumination System 8-20 LS 1 184,000.00 184,000.00 123,600.00 123,600.00 186,200.00 186,200.00 252,000.00 252,000.00
20 Conduit- Direction Drilling 8-20 LF 135 80.00 10,800.00 67.00 9,045.00 85.00 11,475.00 112.50 15,187.50
SUBTOTAL=310,290.00 308,668.00 356,306.00 468,210.00
SALES TAX, 10.1% X 70%=21,937.50 21,822.83 25,190.83 33,102.45
TOTAL = 332,227.50 330,490.83 381,496.83 501,312.45
*NOTE: All applicable sales tax shall be included in the unit and lump sum bid price per section 1-07.2(1) and WAC 458-20-171.
ENGINEER'S ESTIMATESCHEDULE OF BID ITEMS AND QUANTITIES
Apcon Tech, Inc.
PO Box 7385
Bellevue, WA 98008
Colvico Inc.
PO Box 2682
Spokane, WA 99220
Transportation Systems, Inc.
6917 166th Ave East
Sumner, WA 98390
Highlands to Landing Pedestrian Lighting Phase II Project Page 1 of 1
Bid Tabulations
November 2021 AGENDA ITEM #6. b)
Project: Highlands to Landing Pedestrian Lighting - CAG-21-004
Due Date: October 26, 2021 at 11:00 a.m.
Opening: October 28, 2021 at 1:00 p.m. (Video Conference)
CITY OF RENTON
BID TABULATION SHEET
Prop Prop Bid Total from
Cover Sched Non-Col Sub Recycled Wage Sign Bid Schedule of Prices
Page Prop Prices Decl List Mat Compl Page Bond *Includes Sales Tax
Apcon Tech, Inc
PO Box 7385
1 Bellevue x x x x x x x x x $501,312.45
WA
98008
Yury
Palatnik
ColVico, Inc
PO Box 2682
2 Spokane x x x x x x x x x x $339,843.47
WA
99220
Jesse
Dragoo
Transportation Systems, Inc
6917 166th Ave East
3 Sumner x x x x x x x x x x $379,906.84
WA
98390
Bryson
Huie
Bidder
Engineer's Estimate: $331,989.00 AGENDA ITEM #6. b)
AB - 3050
City Council Regular Meeting - 10 Jan 2022
SUBJECT/TITLE: CONTRACT AWARD: Family First Community Center; CAG-21-180
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
Contract Amount: $12,474,330.00
Engineer's Estimate: $11,000,000.00
Total appropriations to date are $3,717,163, therefore an additional budget request of $12,532,837 is needed
to fund the construction of the building, permits and professional services. This additional appropriation will
be included on the Q1 2022 carryforward budget adjustment. The funding sources budgeted to date are
approximately $11 million which includes a reserve of $5 million of general fund res ources which will be
transferred back to the general fund once all funds are received from the Renton Community Foundation and
other donors who have pledged funds. Additional appropriations of the following funding resources are also
requested at this time to include $3,379.000 to reflect the grants received through HealthPoint, and
$3,500.000 of REET 1 to cover the shortfall in fundraising to date. These additional budget resources will be
included on the Q1 2022 carryforward budget adjustment.
SUMMARY OF ACTION:
The City Clerk Division opened sealed bids for the Family First Community Center construction project on
December 8, 2021. The bid opening met the following Council criteria:
1) There was more than one bid submitted.
2) The lowest responsive and responsible bid was within the proposed project budget.
3) There were no irregularities with the lowest responsive and responsible bid.
Therefore, staff recommends awarding CAG-21-180, Family First Community Center construction project, to
the lowest responsive and responsible bidder, Comer GC, Inc., in the amount of $12,474,330.00.
EXHIBITS:
A. Staff Recommendation Memo
B. Bid tab
STAFF RECOMMENDATION:
Award the contract for CAG-21-180, Family First Community Center construction project, to the lowest
responsive and responsible bidder, Comer GC, Inc., in the amount of $12,474,330.00.
AGENDA ITEM #6. c)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:January 4, 2022
TO:Jason Seth, City Clerk
FROM:Martin Pastucha, Public Works Administrator
STAFF CONTACT:Russ Woodruff, Capital Projects Coordinator
SUBJECT:Award of Construction Contract for Family First Community Center
CAG 21-180
The Public Works Facilities Division recommends the construction contract for the Family First
Community Center, in the amount of $12,474,330.00, be awarded to Comer GC, Inc., 4615 150th
Place SE, Everett, WA. 98208.
On December 8, 2021, the City of Renton received 7 proposals from qualified general
contractors. The bid from Comer GC, Inc. was determined to be the lowest responsive and
responsible bid for construction of the Family First Community Center (FFCC).
The engineers estimate for the project was $11,000,000.00. The base bid from Comer GC was
$10,970,000.00 before tax. Two alternates have been chosen by the City to be included. The
first alternate is a green roof for $250,000.00. The green roof enhances the facility’s
environmental performance by reducing storm water run-off. The second alternate provides
additional acoustical panels for $110,000.00. The panels will be added to key areas (gym,
meeting roofs and other areas) to dampen noise and improve the functional performance of
the spaces. The total construction contract value, including both alternates, is $11,330,000.00
before tax. With sales tax, the contract value is $12,474,330.00
Comer GC, Inc. is well qualified to undertake the project. They recently completed the Kent
Academy for the Kent School District. The academy is a 62,000 square foot facility with a total
project cost of over $28,000,000. References for the project stated the firm performed
extremely well and project personnel received high marks for project management and
administration. Luke Comer, Comer GC, President and Tim Comer, Comer GC, CEO served as
project manager and superintendent respectively. Both will serve in the same roles for the
FFCC project.
Total project budget is $16,250,000.00. This amount includes the above construction contract
total, 10% in construction contingency, plus all design and engineering, permitting and other
professional services necessary to fully complete the project.
AGENDA ITEM #6. c)
Jason Seth, City Clerk
Page 2 of 2
January 4, 2022
To date, $14,121,636 in funds have been committed for the construction of the Family First
Community Center. This includes $4,000,000 from the City of Renton, $4,434,000 in grant
funding from the State of Washington, a $3,000,000.00 grant from the First Financial Northwest
Foundation, $1,000,000.00 from Doug Baldwin Jr., $250,000.00 from the Bill and Melinda Gates
Foundation, $200,000 from the Premera Social Impact fund as well as a host of other grants
and donations from organizations and individuals. Grants and donations have been made
directly to the City of Renton as well as to our project partners, HealthPoint and the Family First
Community Center Foundation (FFCCF) – Doug Baldwin Jr., Executive Director. All grant funds
made to the FFCCF have been received via the Renton Regional Community Foundation (RRCF),
which is serving as their fiduciary agent. HealthPoint has received grant funds designated for
capital construction. The City will invoice HealthPoint and the RRCF for the funds received per
grant award terms.
Total appropriations to date are $3,717,163, therefore an additional budget request of
$12,532,837 is needed to fund the construction of the building, permits and professional
services. This additional appropriation will be included on the Q1 2022 carryforward budget
adjustment.
The funding sources budgeted to date are approximately $11 million which includes a reserve
of $5 million of general fund resources which will be transferred back to the general fund once
all funds are received from the Renton Community Foundation and other donors who have
pledged funds. Additional appropriations of the following funding resources are also requested
at this time to include $3,379.000 to reflect the grants received through HealthPoint, and
$3,500.000 of REET 1 to cover the shortfall in fundraising to date. These additional budget
resources will be included on the Q1 2022 carryforward budget adjustment.
All costs for programming and facility operations will be the responsibility of the FFCC tenants –
Family First Community Center Foundation, HealthPoint and the Renton School District for the
STEM classroom included within the building.
The FFCC project will provide a long-needed community center for the Cascade/Benson Hill
neighborhood. The 21,510 SF facility will be a 1-story, fully accessible building. It is designed to
achieve (Leadership in Energy and Environmental Design) LEED Silver certification from the U.S.
Green Building Council. Elements of this design include a green roof to mitigate storm water
run-off, highly efficient HVAC systems, materials certified from sustainable sources, and a
variety of other enhancements to benefit users and the immediate and larger environment.
The building will include a gymnasium for sports and recreation, a dance studio, fitness room
and infant/child/teen drop-off rooms – all staffed by FFCCF personnel. The HealthPoint clinic
will provide medical, dental and behavioral health services. The Renton School District will
operate a STEM classroom to serve the adjacent Cascade Elementary School and other district
needs. All project partners have actively participated throughout the design process to assure
the building will properly support and program needs and requirements.
AGENDA ITEM #6. c)
Project: Family First Community Center Project - CAG-21-180Due Date: December 8, 2021 at 2:00 p.m.Opening Date: 3:00 p.m. (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromBid L&I Allow Sub Ack Schedule of PricesProp Bond Cert 1&2 List 1 Adden 1,2 & 3*Excludes Sales TaxAllied Construction Assoc.Base Bid:3120 Hewitt Avenue $11,767,509.001EverettXX X X X XAlternates:Wa1) $225,000.00982012) $68,000.00Clint3) -$58,000.00BjellaBayley Construction, LPBase Bid:8005 SE 28th Street$12,520,000.002Mercer IslandXX X X X XAlternates:Wa1) $280,000.00980402) $116,000.00Stephen3) -$63,000.00GrassoBerschauer Group, Inc.Base Bid:P.O. Box 11910$11,600,000.003OlympiaXX X X X XAlternates:Wa1) $263,000.00985082) $118,000.00Regan3) -$63,000.00BerschauerBidderFORMSEngineer's Estimate$11,000,000.00AGENDA ITEM #6. c)
Project: Family First Community Center Project - CAG-21-180Due Date: December 8, 2021 at 2:00 p.m.Opening Date: 3:00 p.m. (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromBid L&I Allow Sub Ack Schedule of PricesProp Bond Cert 1&2 List 1 Adden 1,2 & 3*Excludes Sales TaxBidderFORMSChristensen, inc.Base Bid:2840 Crites Street SW, #100$11,420,000.004TumwaterXX X X X XAlternates:Wa1) $277,000.00985122) $110,000.00Joe3) -$60,000.00PrestoComer GC, inc.Base Bid:4615 150th Pl SE$10,970,000.005EverettXX X X X XAlternates:Wa1) $250,000.00982082) $110,000.00Luke3) -$60,000.00Comer Forma Construction CompanyBase Bid:500 Columbia St NW, Suite 201$11,960,000.006OlympiaXX X X X XAlternates:Wa1) $264,000.00985012) $103,000.00Brian3) $1.00RichEngineer's Estimate$11,000,000.00AGENDA ITEM #6. c)
Project: Family First Community Center Project - CAG-21-180Due Date: December 8, 2021 at 2:00 p.m.Opening Date: 3:00 p.m. (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromBid L&I Allow Sub Ack Schedule of PricesProp Bond Cert 1&2 List 1 Adden 1,2 & 3*Excludes Sales TaxBidderFORMSSpeedWest, ConstructionBase Bid:307 Bell St, Suite 101$12,230,000.007EdmondsXX X X X XAlternates:Wa1) $280,000.00980202) $120,000.00Douglas3) -$60,000.00Spee Engineer's Estimate$11,000,000.00AGENDA ITEM #6. c)
AB - 3047
City Council Regular Meeting - 10 Jan 2022
SUBJECT/TITLE: Main Street Renton dba Renton Downtown Partnership Contract for
services 2022 and 2023
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Amanda Askren, Economic Development Director (Acting)
EXT.: 7369
FISCAL IMPACT SUMMARY:
Contract Amount: $260,000
Total budget: New appropriation of $260,000 is requested from the General Fund balance. The Department of
Economic Development has budget savings in 2021 to be applied to the associated costs.
SUMMARY OF ACTION:
The Department of Economic Development desires to engage the Renton Downtown Partnership to perform
services for a two-year period (2022 and 2023) in order to obtain designation as a Washington State Main
Street community pursuant to RCW 43.360 by meeting the technical and management criteria, while also
enhancing the downtown community.
Some of the highlights from the contract include a commitment from the Renton Downtown Partnership to:
• Develop and maintain a multi-year strategic plan that addresses the community’s vision and incorporates the
Four Points of the Main Street Approach™ .
• Create economic development initiatives to encourage business growth and recruitment.
• Work with City to implement the goals and projects of the Civic Core Vision and Action plan.
The contract also includes the requirement to submit two written reports to the City describing achievements
and progress under this Scope of Work not later than January 20, 2023 and January 20, 2024.
EXHIBITS:
A. Draft contract with Main Street Renton dba Renton Downtown Partnership
B. Exhibit A - Scope of Work
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Contract Agreement with Main Street Renton dba Renton
Downtown Partnership in the amount of $260,000 to support efforts to apply and obtain designation as a
Washington State Main Street community.
AGENDA ITEM #6. d)
AGREEMENT BETWEEN CITY OF RENTON AND MAIN STREET
RENTON (DBA RENTON DOWNTOWN PARTNERSHIP)
THIS AGREEMENT, dated for reference purposes only as December 28, 2021, is by and between
the City of Renton (the “City”), a Washington municipal corporation, and Main Street Renton dba
Renton Downtown Partnership (“Consultant”), a Washington non-profit corporation. The City
and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully
executed by the Parties, this Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide the City all services and materials as
specified in Exhibit A, which is attached and incorporated herein and may hereinafter be
referred to as the “Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than January 31, 2024.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $260,000.00 (two hundred sixty thousand dollars), plus
any applicable state and local sales taxes over the term of the Agreement.
Compensation shall be paid based upon Work actually performed and specified in
Exhibit A. Except as specifically provided herein, the Consultant shall be solely
responsible for payment of any taxes imposed as a result of the performance and
payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
AGENDA ITEM #6. d)
PAGE 2 OF 10
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
AGENDA ITEM #6. d)
PAGE 3 OF 10
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant 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). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
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
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant 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 Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant 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. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
AGENDA ITEM #6. d)
PAGE 4 OF 10
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
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
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
AGENDA ITEM #6. d)
PAGE 5 OF 10
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’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.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code, t
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant 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. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
AGENDA ITEM #6. d)
PAGE 6 OF 10
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Amanda Askren
Economic Development Director, Acting
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7369
aaskren@rentonwa.gov
CONSULTANT
Sheila Humphries
President, Renton Main Street (Renton
Downtown Partnership)
241 Williams Ave S Ste E
Renton, WA 98057
Phone: (575) 602-5926
RDP@gorenton.com
AGENDA ITEM #6. d)
PAGE 7 OF 10
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’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 Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant 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 the Consultant 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. The Consultant 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, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
AGENDA ITEM #6. d)
PAGE 8 OF 10
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Amanda
Askren. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. 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 and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
AGENDA ITEM #6. d)
PAGE 9 OF 10
F. 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.
G. 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. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. 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.
I. 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.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
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. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. 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 Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
AGENDA ITEM #6. d)
PAGE 10 OF 10
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Sheila Humphries
President
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
M. Patrice Kent
Sr. Assistant City Attorney
Contract Template Updated 5/21/2021
AGENDA ITEM #6. d)
DocuSign Envelope ID: 15FC0DDB-E108-4411-B664-56F66F80B8C6
EXHIBIT A
RENTON MAIN STREET dba RENTON DOWNTOWN PARTNERSHIP
SCOPE OF WORK
2022 through 2024
The Contractor agrees to provide the City all services and materials set forth below within the
term of the Agreement:
1. Organizational Development:
a. Develop and maintain a multi-year strategic plan that addresses the
community’s vision and incorporates the Four Points of the Main Street
Approach™ .
b. Implement the strategic plan by:
i. Creating and following an annual workplan, which workplan shall be
reviewed by City staff prior to implementation.
ii. Create and maintain an independent infrastructure for organizational
management, including but not limited to:
1. Develop funding mechanisms to implement the annual workplan
and achieve self-sufficiency from City funding not later than
December 31, 2023.
2. Review and update By-Laws as needed; and
3. Review and update points of contact as needed; and
4. Review and update business and records management and
reporting as needed.
iii. Develop printed material regarding Main Street Renton and its mission,
goals, and objectives
iv. In collaboration with the City, develop and promote the website
rentondowntown.com;
v. Develop materials for distribution to prospective businesses (ie. Welcome
Resource guide, available property info, downtown profile, etc)
vi. Support existing events and activities in downtown
2. Washington Main Street Community Designation
a. Obtain designation as a Washington State Main Street community pursuant to
RCW 43.360 by meeting the technical and management criteria, while also
enhancing the downtown community including;
i. Commitment to comprehensive downtown revitalization
ii. Historic preservation ethic (public and private sectors)
iii. Evidence of potential public and private sector investment in the district
iv. Capacity of the organization to undertake a comprehensive program
AGENDA ITEM #6. d)
DocuSign Envelope ID: 15FC0DDB-E108-4411-B664-56F66F80B8C6
v. Financial commitment to implement a long-term program
b. Create economic development initiatives to encourage business growth and
recruitment.
i. Build a strategic marketing plan/campaign
ii. Host shop small initiatives throughout the year (including community
events such as the Renton Wine Walks, Olde Fashioned Halloween, Small
Business Saturday, and the Santa House)
c. Work with City to implement the goals and projects of the Civic Core Vision and
Action plan.
i. Meet quarterly with city staff to review progress in meeting the previous
quarter’s workplan.
ii. Co-lead Downtown Stakeholders meetings to coordinate issues with city
staff
3. Deliverables
a. Submit two written reports to the City describing achievements and progress
under this Scope of Work not later than January 20, 2023 and January 20, 2024.
AGENDA ITEM #6. d)
AB - 3048
City Council Regular Meeting - 10 Jan 2022
SUBJECT/TITLE: Dept of Commerce Grant - Renton Trail Connector
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Jonathan Chavez, Civil Engineer 3 • Community and Economic
Development
EXT.: x7288
FISCAL IMPACT SUMMARY:
Department of Commerce Grant award to the City for $490,000
SUMMARY OF ACTION:
Background:
The Renton Trail Connector project is part of the larger Burnett Linear Park Project. The City was awarded a partial
amount of the original grant amount, resulting in a scaled-down scope of work for the use of these funds. ($2 million
applied for, only $500k awarded, which includes the $10k Grant Admin Fee)
Scope:
The Renton Trail Connector project will extend a path in the heart of Downtown Renton separated from the
roadway that connects with regional networks including the Lake to Sound and Cedar River trails to foster a
more walkable and bikeable environment.
This project will replace existing concrete sidewalk and driveways in kind along the east side of Burnett Ave S
(between S. 4th and S. 5th streets) to improve ADA access and connect to the Burnett Linear Park in the near
future (once more funding is secured). The work includes replacing existing driveway curb cuts, streetlights
and adjusting franchise utility vaults to grade.
The new trail segment for this project will extend from the existing Burnett Linear Park to South Fourth Street.
This brings the trail into the Civic Core and provides a healthy ‘green spine’ that will catalyze new small
business and family-friendly development in the Civic Core and Downtown.
Project activities will include and not be limited to the completion of:
- Design and bid documents
- Construction
- Path amenities
▫ A multi-use path and protected bicycle lane for cyclists and pedestrians separated from the roadway that also
connects with the Lake to Sound and Cedar River Trails and regional transit connections
AGENDA ITEM #6. e)
▫ This new path section of the regional network will p rovide a 10-foot protected sidewalk
▫ and associated amenities to foster a more walkable and bikeable environment.
▫ New street trees planted and/or preserving existing trees along the existing alignment
▫ Space provided for resting benches, bike lock facilities, and art
Funds awarded under this grant will be used for capital expenditures to extend the Renton Trail Connector
project.
The location of the project is Burnett Ave S (between S 4th and 5th St), Renton, WA 98057
This project began in June 2021 and is expected to be complete by September 2022.
All project work completed with prior legislative approval. The “Copyright Provisions”, Section 33 of the
General Terms and Conditions, are not intended to apply to any architectural and engineering design work
funded by this grant.
EXHIBITS:
A. Issue Paper
B. Dept of Commerce Agreement
C. Grant Award Letter
STAFF RECOMMENDATION:
Authorize execution of the grant agreement with the Department of Commerce to accept the $490,000 in
grant funds and apply them toward the Renton Trail Connector project.
AGENDA ITEM #6. e)
Community & Economic Development
M E M O R A N D U M
DATE:December 01, 2021
TO:Randy Corman, Council President
Members of Renton City Council
FROM:Lynne Hiemer, Administrative Secretary,
CED-Economic Development
SUBJECT:Dept of Commerce Grant Award
ISSUE:
Should the City accept a grant of $490,000.00 offered by the WA State Department of
Commerce?
RECOMMENDATION:
CED recommends that it be authorized by Council to accept the funds and apply them
toward the Renton Trail Connector project.
DISCUSSION:
Background:
The Renton Trail Connector project is part of the larger Burnett Linear Park Project. The City
was awarded a partial amount of the original grant amount, resulting in a scaled-down scope of
work for the use of these funds. ($2 million applied for, only $500k awarded, which includes the
$10k Grant Admin Fee)
The Renton Trail Connector project will extend a path in the heart of Downtown Renton
separated from the roadway that connects with regional networks including the Lake to Sound
and Cedar River trails to foster a more walkable and bikeable environment.
This project will replace existing concrete sidewalk and driveways in kind along the east side of
Burnett Ave S (between S 4th and 5th street) to improve ADA access and connect to the Burnett
Linear Park in the near future (once more funding is secured). The work includes replacing
existing driveway curb cuts, streetlights and adjusting franchise utility vaults to grade.
The new trail segment for this project will extend from the existing Burnett Linear Park to South
Fourth Street. This brings the trail into the Civic Core and provides a healthy ‘green spine’ that
will catalyze new small business and family-friendly development in the Civic Core and
Downtown.
Included in the scope of work:
- 10-feet sidewalk with street tree grates for pedestrians, separated from
the roadway that connects with the Lake to Sound and Cedar River Trails
and regional connections
AGENDA ITEM #6. e)
- A multi-use path and protected bicycle lane for cyclists and pedestrians
separated from the roadway that also connects with the Lake to Sound
and Cedar River Trails and regional transit connections.
- New street trees planted and/or preserving existing trees along the
existing alignment
- Space provided for resting benches, bike lock facilities, and art
- A more walkable and bikable environment fostered in the downtown core and
opportunities created for healthy activities in a neighborhood that is “majority
minority” in make-up, has a median income currently $30,000 below the King
County median, and has 50 percent of households considered cost-burdened’”
cc: Chip Vincent, CED Administrator
Amanda Askren, Acting EconDev Director-CED
Jonathan Chavez, Civil Engineer-CED7
AGENDA ITEM #6. e)
Washington State Department of Commerce
www.commerce.wa.gov
Grant to
City of Renton
through
The Local and Community Projects Program
For
Renton Trail Connector
Start date:July 1, 2019
AGENDA ITEM #6. e)
AGENDA ITEM #6. e)
i
TABLE OF CONTENTS
FACE SHEET ................................................................................................................................................ 1
DECLARATIONS .......................................................................................................................................... 3
SPECIAL TERMS AND CONDITIONS ......................................................................................................... 5
1.GRANT MANAGEMENT ................................................................................................................... 5
2.COMPENSATION ............................................................................................................................. 5
3.CERTIFICATION OF FUNDS PERFORMANCE MEASURES ......................................................... 5
4.PREVAILING WAGE LAW ................................................................................................................ 6
5.DOCUMENTATION AND SECURITY .............................................................................................. 6
6.BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES ............................................................................................ 6
7.EXPENDITURES ELIGIBLE FOR REIMBURSEMENT .................................................................... 6
8.BILLING PROCEDURES AND PAYMENT ....................................................................................... 7
9.SUBCONTRACTOR DATA COLLECTION ....................................................................................... 8
10.CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ...................................... 8
11.INSURANCE ..................................................................................................................................... 8
12.ORDER OF PRECEDENCE ........................................................................................................... 10
13.REDUCTION IN FUNDS ................................................................................................................. 10
14.OWNERSHIP OF PROJECT/CAPITAL FACILITIES ...................................................................... 10
15.CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ............................. 10
16.CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ............................. 11
17.SIGNAGE, MARKERS AND PUBLICATIONS ................................................................................ 11
18.HISTORICAL AND CULTURAL ARTIFACTS ................................................................................ 11
19.REAPPROPRIATION ...................................................................................................................... 12
20.TERMINATION FOR FRAUD OR MISREPRESENTATION .......................................................... 12
GENERAL TERMS AND CONDITIONS ..................................................................................................... 13
21.DEFINITIONS.................................................................................................................................. 13
22.ACCESS TO DATA ......................................................................................................................... 13
23.ADVANCE PAYMENTS PROHIBITED ........................................................................................... 13
24.ALL WRITINGS CONTAINED HEREIN .......................................................................................... 13
25.AMENDMENTS ............................................................................................................................... 13
26.AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35 ................................................................................ 14
27.ASSIGNMENT................................................................................................................................. 14
28.ATTORNEYS’ FEES ....................................................................................................................... 14
29.AUDIT .............................................................................................................................................. 14
30.BREACHES OF OTHER STATE CONTRACTS ............................................................................. 15
31.CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .......................................................... 15
32.CONFLICT OF INTEREST ............................................................................................................. 15
33.COPYRIGHT PROVISIONS ........................................................................................................... 16
34.DISPUTES ...................................................................................................................................... 16
AGENDA ITEM #6. e)
ii
35.DUPLICATE PAYMENT .................................................................................................................. 17
36.GOVERNING LAW AND VENUE ................................................................................................... 17
37.INDEMNIFICATION ........................................................................................................................ 17
38.INDEPENDENT CAPACITY OF THE GRANTEE ........................................................................... 17
39.INDUSTRIAL INSURANCE COVERAGE ....................................................................................... 17
40.LAWS .............................................................................................................................................. 18
41.LICENSING, ACCREDITATION AND REGISTRATION................................................................. 18
42.LIMITATION OF AUTHORITY ........................................................................................................ 18
43.NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................................ 18
44.PAY EQUITY ................................................................................................................................... 18
45.POLITICAL ACTIVITIES ................................................................................................................. 18
46.PUBLICITY ...................................................................................................................................... 19
47.RECAPTURE .................................................................................................................................. 19
48.RECORDS MAINTENANCE ........................................................................................................... 19
49.REGISTRATION WITH DEPARTMENT OF REVENUE................................................................. 19
50.RIGHT OF INSPECTION ................................................................................................................ 19
51.SAVINGS ........................................................................................................................................ 19
52.SEVERABILITY ............................................................................................................................... 19
53.SITE SECURITY ............................................................................................................................. 20
54.SUBGRANTING/SUBCONTRACTING ........................................................................................... 20
55.SURVIVAL ....................................................................................................................................... 20
56.TAXES ............................................................................................................................................. 20
57.TERMINATION FOR CAUSE ......................................................................................................... 20
58.TERMINATION FOR CONVENIENCE ........................................................................................... 20
59.TERMINATION PROCEDURES ..................................................................................................... 21
60.TREATMENT OF ASSETS ............................................................................................................. 21
61.WAIVER .......................................................................................................................................... 22
ATTACHMENT A - SCOPE OF WORK ...................................................................................................... 23
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT.................................................................................................................................................... 25
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
.................................................................................................................................................................... 27
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS .......................................................... 29
AGENDA ITEM #6. e)
1
FACE SHEET
Grant Number: 20-96627-211
Project Name: Renton Trail Connector
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
1. GRANTEE 2. GRANTEE Doing Business As (optional)
City of Renton
1055 S Grady Way
Renton, WA 98057-3232
N/A
3. GRANTEE Representative 4. COMMERCE Representative
Jonathan Chavez, Civil Engineer III, Dev. Eng., CED
(425) 430-7288
JChavez@Rentonwa.gov
Mara Isaacson, Grant Manager
PO Box 42525, Olympia, WA 98504
(360) 742–7665
mara.isaacson@commerce.wa.gov
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$490,000.00 Federal:State:X Other: N/A: July 1, 2019 June 30, 2025,
contingent on reappropriation;
June 30, 2023 if funds are not
reappropriated.
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
N/A SWV0012200-11 177000094 N/A
14. Grant Purpose
The outcome of this performance-based Grant Agreement is to undertake a legislatively approved project that furthers the
goals and objectives of The Local and Community Projects Program as referenced in Attachment A – Scope of Work.
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above,
acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start
as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this
Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment
“A” – Scope of Work, Attachment “B” – Certification of Availability of Funds to Complete the Project, Attachment “C” –
Certification of the Payment and Reporting of Prevailing Wages, Attachment “D” – Certification of Intent to Enter LEED
Process.
FOR GRANTEE FOR COMMERCE
Signature
Print Name
Title
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM
Steve Scheele, Assistant Attorney General
6/30/2021
Date
AGENDA ITEM #6. e)
2
AGENDA ITEM #6. e)
3
DECLARATIONS
GRANTEE INFORMATION
GRANTEE Name: City of Renton
Grant Number: 20-96627-211
State Wide Vendor Number: SWV0012200-11
PROJECT INFORMATION
Project Name: Renton Trail Connector
Project City: Renton
Project State: Washington
Project Zip Code: 98057-3232
GRANT AGREEMENT INFORMATION
Grant Amount: $490,000.00
Appropriation Number: SHB 1102 SL Section 1042 (2019 Regular
Session)
Re-appropriation Number (if applicable): SHB 1080 SL Section 1041 (2021 Regular
Session)
Grant End Date: June 30, 2025, contingent on reappropriation;
June 30, 2023, if funds are not reappropriated.
Biennium: 2021-2023
Biennium Close Date: June 30, 2023
Earliest Date for Construction Reimbursement: July 1, 2016
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
Grant End Date: In the event funds for the project are reappropriated, the contract end date will be
extended pursuant to the reappropriation and consistent with Special Term and Condition 19. Depending
on the reappropriation, a contract amendment may be required.
AGENDA ITEM #6. e)
4
AGENDA ITEM #6. e)
5
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined
on the Face Sheet of this Grant Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has made an appropriation to support the Local
and Community Projects Program, and directed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for design, acquisition, construction, or rehabilitation (a venture hereinafter referred to as
the “Project”).
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face
Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of
work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
certifying that it has expended or has access to funds from non-state sources as set forth in
ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT), hereof. Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this Grant Agreement.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
vii) In-kind contributions, subject to COMMERCE’S approval.
AGENDA ITEM #6. e)
6
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE’s review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over $500,000 in state funds. Projects for
which the grant award or legislative intent documents specify that the state funding is to be used for
design only are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of Grant Agreement execution.
The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set
forth on the Face Sheet, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the
commitment period under this grant contract, COMMERCE may require that GRANTEE record or
cause to be recorded a covenant in a superior lien position ahead of the lender’s security
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this
contract for at least the term of the commitment period
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced
by a current appraisal prepared by a licensed Washington State commercial real estate
appraiser, or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC,
shall be evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser or the prior purchase price of the property plus holding costs, whichever is
less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
AGENDA ITEM #6. e)
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Payments to the Grantee shall be made on a reimbursement basis only. Costs incurred on or after
the EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT as shown on the Declarations
page are eligible for reimbursement under this Grant Agreement. The GRANTEE may be reimbursed
for the following eligible costs related to the activities identified in the SCOPE OF WORK shown on
Attachment A.
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
F. Other costs authorized through the legislation
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts
Management System (CMS), which is available through the Secure Access Washington (SAW)
portal.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the Grant Agreement. The
GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds
transfer, as applicable, that confirms that they have paid each expenditure being claimed. The
cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the
voucher is initially submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this Grant Agreement, or within fifteen (15) days following
the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in
accordance with Section 19, hereof.
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in
the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
AGENDA ITEM #6. e)
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Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals
as agreed by the parties, regarding work under this Grant performed by subcontractors and the
portion of Grant funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
“Subcontractors” shall mean subcontractors of any tier.
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT
The GRANTEE shall complete a Certified Project Completion Report when activities identified in the
SCOPE OF WORK shown on Attachment A are complete.
The GRANTEE shall provide the following information to COMMERCE:
A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment
A, is complete and, if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
project as described in the SCOPE OF WORK shown on Attachment A.
C. Certification that all costs associated with the Project have been incurred and accounted for. Costs
are incurred when goods and services are received and/or Grant work is performed.
D. A final voucher for the remaining eligible funds, including any required documentation.
The GRANTEE will submit the Certified Project Completion Report together with the last Invoice
Voucher for a sum not to exceed the balance of the Grant Amount.
11. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
AGENDA ITEM #6. e)
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insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance
Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect
against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence.
Additionally, the GRANTEE is responsible for ensuring that any Subgrantee/subcontractor provide
adequate insurance coverage for the activities arising out of subgrants/subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the GRANTEE or its Subgrantee/subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence,
using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance.The GRANTEE shall maintain
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed
staff employed or under contract to the GRANTEE. The state of Washington, its agents, officers, and
employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of
the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured to
provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest
of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured
pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant
shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the
GRANTEE’s fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE’s request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or
self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or
letter of coverage that outlines coverage limits and deductibles. All self-insured risk management
programs or self-insured/liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
AGENDA ITEM #6. e)
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Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited
from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self-insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Declarations page of this Grant Agreement
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Certification of the Availability of Funds to Complete the Project
Attachment C – Certification of the Payment and Reporting of Prevailing Wages
Attachment D – Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
13. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant
Agreement accordingly.
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real property,
to secure funds awarded under this Grant Agreement. This provision does not extend to claims that
COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement.
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or
purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the
date the final payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
AGENDA ITEM #6. e)
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hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 47 (Recapture provision).
16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this Grant Agreement
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant
Agreement for a period of at least ten (10) years from the date the final payment is made
hereunder.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 47 (Recapture Provision).
17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify “The Taxpayers of Washington State” as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 05-05 or
Executive Order 21-02, where applicable, or GRANTEE shall complete a review under Section 106 of
the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally
and financially responsible for compliance with all laws, regulations, and agreements related to the
preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the
state of Washington in relation to any claim related to such historical or cultural resources discovered,
disturbed, or damaged as a result of the project funded by this Contract.
In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Governor’s Executive Order 05-05 or Executive Order 21-02 as applicable, coordinate with
Commerce and the Washington State Department of Archaeology and Historic Preservation
(“DAHP”), including any recommended consultation with any affected tribe(s), during Project design
and prior to construction to determine the existence of any tribal cultural resources affected by
Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a
continuing prerequisite to receipt of funds under this Contract.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
AGENDA ITEM #6. e)
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Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor’s Executive Order 05-05 and Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 05-05, Executive Order 21-02, or Section
106 of the National Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM
CLOSE DATE listed on the Declarations page will lapse on that date unless specifically
reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's
obligation under the terms of this Grant Agreement shall be contingent upon the terms of such
reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the
right to terminate or amend this Grant Agreement accordingly, including the right to recapture all
funds disbursed to the GRANTEE under the Grant.
AGENDA ITEM #6. e)
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
21. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. ”State” shall mean the state of Washington.
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms “subgrantee/subcontractor” refers to any tier.
G. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
H. “Vendor” is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually determined
to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with
contractual penalties if the entity fails to meet program performance standards.
I. “Grant Agreement” or “Agreement” means the entire written agreement between COMMERCE
and the GRANTEE, including any Attachments, Exhibits, documents, or materials incorporated by
reference.
22. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE’s reports, including computer models and the
methodology for those models.
23. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
24. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
25. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
AGENDA ITEM #6. e)
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26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
27. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
28. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs.
29. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE’s records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to
comacctoffice@commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
AGENDA ITEM #6. e)
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If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
30. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State
of Washington. A breach of any other agreement entered into between GRANTEE and the State of
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
31. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by
COMMERCE;
2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
32. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is
found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in
the procurement of, or performance under this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified
individually by name, the agency previously or currently employed by, job title or position held, and
AGENDA ITEM #6. e)
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separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to
pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the
Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which COMMERCE makes any determination under this clause shall be
an issue and may be reviewed as provided in the “Disputes” clause of this Grant Agreement.
33. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered “works for
hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
34. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the GRANTEE's name, address, and Grant number; and
be mailed to the Director and the other party’s (respondent’s) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
AGENDA ITEM #6. e)
17
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10)working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
35. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
36. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
37. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. “Claim” as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE’S or any subgrantee’s/subcontractor’s performance or failure to
perform the Grant. GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
38. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Grant Agreement are not employees or
agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim
to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will
the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
39. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Grant Agreement, and transmit the deducted amount to the Department of
AGENDA ITEM #6. e)
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Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s
rights to collect from the GRANTEE.
40. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
41. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant Agreement.
42. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration,
amendment, modification, or waiver or any clause or condition of this Grant Agreement is not
effective or binding unless made in writing and signed by the Authorized Representative.
43. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein. The funds provided under this contract may not be used to fund religious worship,
exercise, or instruction. No person shall be required to participate in any religious worship, exercise,
or instruction in order to have access to the facilities funded by this grant.
44. PAY EQUITY
The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or quality
of production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise services determines that the GRANTEE is not in compliance with this provision.
45. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
AGENDA ITEM #6. e)
19
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
46. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
47. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
48. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
49. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
50. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Grant.
51. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
52. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
AGENDA ITEM #6. e)
20
53. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
54. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this Grant Agreement without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce
the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s
duties. This clause does not include Grants of employment between the GRANTEE and personnel
assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE
and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise
make known to unauthorized persons personal information without the express written consent of
COMMERCE or as provided by law.
55. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
56. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
57. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience”
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
58. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
AGENDA ITEM #6. e)
21
59. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
60. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by
the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
AGENDA ITEM #6. e)
22
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
61. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
AGENDA ITEM #6. e)
23
ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures to extend the Renton Trail
Connector project. This new path section of the regional network will provide a 10 foot protected sidewalk
and associated amenities to foster a more walkable and bikeable environment.
The location of the project is Burnett Ave S (between S 4th and 5th St), Renton, WA 98057
Project activities will include and not be limited to the completion of:
Design and bid documents
Construction
Path amenities including the installation of; trees, benches, bike lock facilities, art, replacing
existing driveway curb cuts, street lights, and adjusting franchise utility vaults to grade
This project began in June 2021 and is expected to be complete by September 2022.
All project work completed with prior legislative approval. The “Copyright Provisions”, Section 33 of the
General Terms and Conditions, are not intended to apply to any architectural and engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
AGENDA ITEM #6. e)
24
AGENDA ITEM #6. e)
25
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT
Type of Funding Source Description Amount
Grant Washington State Department of Commerce $490,000.00
Other Grants
Grant #1 $
Grant #2 $
Total Other Grants $0.00
Other Loans
Loan #1 $
Loan #2 $
Total Loans $0.00
Other Local Revenue
Source #1 $
Total Local Revenue $0.00
Other Funds
Source #1 $
Source #2 $
Total Other Funds $0.00
Total Project Funding $490,000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE’s
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project, and shall make
such records available for COMMERCE’s review upon reasonable request.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
AGENDA ITEM #6. e)
26
AGENDA ITEM #6. e)
27
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the
Project funded by this Grant Agreement, including but not limited to the filing of the “Statement of Intent to
Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
records available for COMMERCE’s review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
AGENDA ITEM #6. e)
28
AGENDA ITEM #6. e)
29
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United
States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
IF EXEMPT: DO NOT SIGN
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
AGENDA ITEM #6. e)
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
June 17, 2019
Cliff Long
Economic Development Director, City of Renton
1055 S Grady Way
Renton, WA 98057
RE: 2020 Direct Appropriation Grant
Renton Trail Connector (Renton)
Dear Cliff Long:
Congratulations on being awarded a $500,000.00 state grant in the 2019-2021 Capital
Budget for your project. Funds for your project were included in the budget at the
request of the Governor or Legislature. Now that the capital budget has been signed into
law, our role is to release these funds in a way that meets the intent of the Legislature
and conforms to state regulations. We strive to do so expeditiously and will make the
process as simple as possible for you.
Before you can receive the funds, a contract will need to be executed between your
organization and the Department of Commerce. In order to get the contracting process
started, please follow these steps:
Complete the attached Contract Readiness Survey. Please note that there will be a
two percent (2%) administrative fee (no more than $50,000) charged to the grant
Attach documentation for committed funds (copies of award letters, council
appropriations, etc.), if applicable
Complete the attached LEED certification declaration
Attach a copy of the project request form/packet that you submitted to the
Legislature
Email the above documents by July 8, 2019 to your Grant Manager, Karma
Shannon♥Lawson, at Karma.ShannonLawson@commerce.wa.gov.
AGENDA ITEM #6. e)
Please note that this is a cost reimbursement grant. Once your contract is executed,
funds may be disbursed for reimbursement of costs incurred associated with your
project’s scope of work. Funds may be retroactively reimbursed back to July 1, 2016.
Once I receive your complete set of documents, I will begin preparing your contract. I may
contact you for further information.
The Legislature does not provide funding for the management of these grants. The
Department of Commerce is withholding a two percent (2%) administrative fee (no more
than $50,000) for management of this grant. $490,000.00 is available for your incurred
costs.
I look forward to working with you on this project. If you have any questions or need
additional information feel free to contact me at my contact information below.
Sincerely,
Karma Shannon♥Lawson
Grant Manager
360-810-0185
Karma.ShannonLawson@commerce.wa.gov
AGENDA ITEM #6. e)
AB - 3049
City Council Regular Meeting - 10 Jan 2022
SUBJECT/TITLE: Amendment No. 7 to Real Estate Disposition and Development
Agreement; 200 Mill Ave S
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Matt Herrera, Current Planning Manager
EXT.: 6593
FISCAL IMPACT SUMMARY:
This amendment has no fiscal impact.
SUMMARY OF ACTION:
On August 5, 2019, the City Council authorized the Mayor and City Clerk to sign the Real Estate Disposition and
Development Agreement with Cosmos International Corp. for the 200 Mill Avenue S property. Since the initial
agreement, six (6) extensions to the feasibility period have been approved by City Council in order to work out
final details of site leases, and to review proposed changes to the scope, scale and timing of the project proposed by
Cosmos.
Staff recommends the Feasibility Period be extended until March 15, 2022 to further review and discuss scope,
scale, and timing of project with Cosmos and additional work needed on existing site leases.
EXHIBITS:
A. Amendment 7 Issue Paper
B. Amendment 7 to Real Estate Disposition and Development Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Amendment No. 7 to the Real Estate Disposition and
Development Agreement with Cosmos International Corp. to extend the feasibility period to March 15, 2022.
AGENDA ITEM #6. f)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:January 10, 2022
TO:Ryan McIrvin, Council President
Members of Renton City Council
VIA:Armondo Pavone, Mayor
FROM:C.E. “Chip” Vincent, CED Administrator x6588
STAFF CONTACT:Matt Herrera, Current Planning Manager x6593
SUBJECT:Amendment No. 7 to Real Estate Disposition and
Development Agreement; 200 Mill Ave S
ISSUE:
Should the Mayor and City Clerk be authorized to execute Amendment No. 7 to the Real
Estate Disposition and Development Agreement with Cosmos International Corp.?
RECOMMENDATION:
The Department recommends that the Mayor and City Clerk be authorized to execute
Amendment No. 7 to the Real Estate Disposition and Development Agreement with
Cosmos International Corp.
DISCUSSION:
On August 5, 2019, the City Council authorized the Mayor and City Clerk to sign the Real
Estate Disposition and Development Agreement with Cosmos International Corp. for the
200 Mill Avenue S property.
On November 18, 2019, the City Council approved an amendment extending the initial
Feasibility Period by 90 days.
Amendment 2 was approved by City Council on February 10, 2020, extending the
Feasibility Period until April 16, 2020 and extending the closing date and other
milestone dates by an equivalent number of days.
Amendment 3 was approved by City Council on April 13, 2020, extending the Feasibility
Period until July 16, 2020 and extending the closing date and other milestone dates by
an equivalent number of days.
AGENDA ITEM #6. f)
Ryan McIrvin, Council President
Page 2 of 2
January 10, 2022
Amendment 4 was approved by City Council on July 6, 2020 and extended the Feasibility
Period until October 15, 2020.
Amendment 5 was approved by City Council on October 12, 2020 and extended the
Feasibility Period until October 18, 2021.
Amendment 6 was approved By City Council on October 18, 2021 and extended the
Feasibility Period until January 15, 2022.
Additional time is necessary to work out the final details of site leases, and to review
proposed changes to the scope, scale and timing of the project proposed by Cosmos.
Staff recommends that the Feasibility Period be extended until March 15, 2022 to
accommodate the review needed on these remaining issues.
CONCLUSION:
An extension of the Feasibility Period is needed to further review the Cosmos project
proposal and existing leases at 200 Mill.
AGENDA ITEM #6. f)
AMENDMENT NO. 7
TO
REAL ESTATE DISPOSITION AND DEVELOPMENT AGREEMENT
[200 Mill Avenue]
THIS AMENDMENT NO. 7 TO REAL ESTATE DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is entered into by and between THE CITY OF RENTON, a
Washington municipal corporation ("Seller" or “City”), and COSMOS INTERNATIONAL CORP., a
Washington corporation ("Buyer").
RECITALS:
A. Seller and Buyer entered into a certain Real Estate Disposition and Development Agreement dated
August 20, 2019 (“Agreement”), concerning the purchase, sale and development of the real property
described Chicago Title Insurance Company Commitment No. 193379-SC.
B. Seller and Buyer desire to amend the Agreement to extend the Feasibility Period.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, which each
of the parties hereby acknowledges as adequate and sufficient consideration, Buyer and Seller hereby agree
as follows:
1. Definitions. Capitalized terms used herein without further definition have the meanings set forth
in the Agreement.
2. Feasibility Period. The definition of “Feasibility Period” set forth in Section 1 of the Agreement is
deleted and the following substituted in lieu thereof:
"Feasibility Period" means the period commencing on the Effective Date and continuing through
the earlier of March 15, 2022.
3. Closing Date. The definition of “Closing Date” set forth in Section 1 of the Agreement is modified
to extend the Closing Date by a number of days equal to (i) the total number of days comprising the
Feasibility Period (as extended by this Amendment 7) less (ii) ninety (90) days.
4. Ratification. Except as modified and amended by this Amendment, the Agreement remains in full
force and effect and as originally executed.
5. Execution. This Amendment may be executed in counterparts. The parties agree to accept a
digital image of this Amendment, as executed, as a true and correct original and admissible as best evidence
for the purposes of state law, state rules of civil procedures, Federal Rule of Evidence 1002, and like rules,
statutes and regulations.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the day and
year set forth opposite their respective signatures below.
AGENDA ITEM #6. f)
2
BUYER:
COSMOS INTERNATIONAL CORP.,
a Washington corporation
By: ______________________________
Its: ______________________________
Date: January ___, 2022
SELLER:
CITY OF RENTON,
a municipal corporation under the laws of the State of Washington
By: ______________________________
Mayor Armando Pavone
Date: January ___, 2022
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
City Attorney
AGENDA ITEM #6. f)
AB - 3030
City Council Regular Meeting - 10 Jan 2022
SUBJECT/TITLE: Agreement with the Washington Department of Commerce for the
Housing Action Plan Implementation Grant to Implement an Existing
Housing Action Plan
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Equity, Housing, and Human Services Department
STAFF CONTACT: Hannah Bahnmiller, Housing Programs Manager
EXT.: 7262
FISCAL IMPACT SUMMARY:
The city received a $100,000 grant award from the Department of Commerce. The budget number for the
grant is 000.070238.010.334.04.20.000.
SUMMARY OF ACTION:
In 2019 the city received a grant from the Department of Commerce to create and adopt a Housing Action
Plan. The city's Housing Action Plan was adopted in October 2021.
In October 2021 the city applied for and was awarded a $100,000 grant from the Department of Commerce to
implement the Housing Action Plan. The award will be used for three projects:
1. A sub regional tracking and monitoring program for affordable housing across south King County cities (Auburn,
Burien, Kent, Renton, and Tukwila).
2. A residential land use study to promote diverse housing types and sizes.
3. A nexus study to evaluate the use of linkage fees to generate revenue for affordable housing.
EXHIBITS:
A. Agreement
B. Resolution
STAFF RECOMMENDATION:
Approve the resolution to enter into an Interagency Agreement with the Washington State Department of
Commerce, Growth Management Services for the Housing Action Plan Implementation (HAPI) Grant to
Implement an Existing Housing Action Plan and authorize the Mayor and City Clerk to execute the agreement
in substantially the same form.
AGENDA ITEM #6. g)
Interagency Agreement with
City of Renton
through
Growth Management Services
For
Housing Action Plan Implementation (HAPI) Grant
to Implement an Existing Housing Action Plan
Start date: Date of Execution
AGENDA ITEM #6. g)
ii
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority…………………………………………………………………………………..1
2. Contract Management ...........................................................................................1
3. Compensation........................................................................................................1
4. Billing Procedures and Payment............................................................................1
5. Insurance…………………………………………………………………………………1
6. Subcontractor Data Collection ...............................................................................2
7. Order of Precedence..............................................................................................2
General Terms and Conditions
1. Definitions..............................................................................................................3
2. All Writings Contained Herein................................................................................3
3. Amendments..........................................................................................................3
4. Assignment............................................................................................................3
5. Confidentiality and Safeguarding of Information....................................................3
6. Copyright ...............................................................................................................4
7. Disputes.................................................................................................................4
8. Governing Law and Venue....................................................................................4
9. Indemnification.......................................................................................................5
10. Licensing, Accreditation and Registration..............................................................5
11. Recapture..............................................................................................................5
12. Records Maintenance............................................................................................5
13. Savings..................................................................................................................5
14. Severability............................................................................................................5
15. Subcontracting.......................................................................................................5
16. Survival..................................................................................................................6
17. Termination for Cause...........................................................................................6
18. Termination for Convenience.................................................................................6
19. Termination Procedures ........................................................................................6
20. Treatment of Assets...............................................................................................7
21. Waiver....................................................................................................................7
Attachment A, Scope of Work
Attachment B, Budget
AGENDA ITEM #6. g)
FACE SHEET
iii
Contract Number: 22-63314-020
Washington State Department of Commerce
Local Government Division
Growth Management Services
Housing Action Plan Implementation (HAPI) Grant
1. Contractor 2. Contractor Doing Business As (optional)
City of Renton
1055 S Grady Way
Renton, WA 98057
N/A
3. Contractor Representative 4. COMMERCE Representative
Hannah Bahnmiller
Housing Programs Manager
206.503.3426
hbahnmiller@rentonwa.gov
Gary Idleburg
Senior Planner
360.481.1398
gary.idleburg@commerce.wa.gov
PO Box 42525
1011 Plum Street SE
Olympia Washington
98504-2525
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$100,000 Federal: State: Other: N/A: Date of Execution June 30, 2023
9. Federal Funds (as applicable)
NA
Federal Agency:
NA
CFDA Number
NA
10. Tax ID #11. SWV #12. UBI #13. DUNS #
NA SWV0012200-11 177-000-094 NA
14. Contract Purpose
Implementation of RCW 36.70A.600 grant funding to address housing affordability through implementation of selected strategies
from the city’s adopted housing action plan.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms
of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following
documents hereby incorporated by reference: Attachment “A” – Scope of Work and Attachment “B” – Budget.
FOR CONTRACTOR FOR COMMERCE
Armondo Pavone, Mayor
City of Renton
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 08/22/2019.
APPROVAL ON FILE.
AGENDA ITEM #6. g)
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated August
2019
Department of Commerce Page 1
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34
RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet of
this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed one hundred thousand dollars ($100,000) for the
performance of all things necessary for or incidental to the performance of work under this Contract as set
forth in the performance-based Scope of Work (Attachment A) and Budget (Attachment B).
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly.
The parties agree this is a performance-based contract intended to produce the deliverables identified in
Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE’S
acceptance of Contractor’s performance and/or deliverable. The invoices shall describe and document, to
COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees.
The invoice shall include the Contract Number 22-63314-020.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition
of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
The grantees must invoice for all expenses by June 17, 2023.
COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs
would have been allowable on or after July 1, 2021, the start date of the 2021-2023 biennium. To be
allowable, such costs must be limited to the completion of tasks and deliverables outlined in the Scope of
Work (Attachment A).
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be
paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
5. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
AGENDA ITEM #6. g)
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated August
2019
Department of Commerce Page 2
6. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion
of funds expended for work performed by subcontractors, including but not necessarily limited to minority-
owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean
subcontractors of any tier.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
•Applicable federal and state of Washington statutes and regulations
•Special Terms and Conditions
•General Terms and Conditions
•Attachment A – Scope of Work
•Attachment B – Budget
AGENDA ITEM #6. g)
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated
August 2019
Department of Commerce Page 3
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A.“Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B.“COMMERCE” shall mean the Department of Commerce.
C.“Contract” or “Agreement” means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D."Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E.“Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F.”State” shall mean the state of Washington.
G."Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The
terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by
COMMERCE;
ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Contractor shall provide COMMERCE with its policies and procedures on
AGENDA ITEM #6. g)
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated
August 2019
Department of Commerce Page 4
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Contract whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The Contractor shall make the changes within the time period
specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE
any Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered “works for
hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon
the Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be
in the Superior Court for Thurston County.
AGENDA ITEM #6. g)
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated
August 2019
Department of Commerce Page 5
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this contract.
The Contractor shall retain such records for a period of six (6) years following the date of final
payment. At no additional cost, these records, including materials generated under the contract, shall
be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly
authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
AGENDA ITEM #6. g)
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated
August 2019
Department of Commerce Page 6
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor’s performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in
addition to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this
contract. COMMERCE may withhold from any amounts due the Contractor such sum as the
Authorized Representative determines to be necessary to protect COMMERCE against potential loss
or liability.
AGENDA ITEM #6. g)
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated
August 2019
Department of Commerce Page 7
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed, would
have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or (ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor’s employees,
agents or Subcontractors.
21. WAIVER
AGENDA ITEM #6. g)
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
State of Washington Interagency Agreement Updated
August 2019
Department of Commerce Page 8
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
AGENDA ITEM #6. g)
Attachment A
Scope of Work
Further work associated with an adopted housing action plan to encourage construction of additional
affordable and market rate housing in a greater variety of housing types and at prices that are accessible
to a greater variety of incomes (RCW 36.70A.600(2)). In doing this work, cities are encouraged to
prioritize the creation of affordable, inclusive neighborhoods and to consider the risk of residential
displacement, particularly in neighborhoods with communities at high risk of displacement (RCW
36.70A.600(9)). This work includes the following strategies from an adopted housing action plan.
* * *
Strategy 1.2: Continue efforts with neighboring communities to address housing needs in South
King County.
Recommendation 2: Promote diverse housing types and sizes in neighborhoods (which includes
Strategies 2.1: Consider permitting additional housing types; 2.2: Evaluate minimum densities in
R-10, R-14, and RMF zones; 2.3: Add a second higher-density RMF zone to allow for greater
flexibility; and/or 2.4: targeted rezoning to R-10, R-14, and RMP zones)
Strategy 4.4: Coordinate sources of funding to address unmet needs.
* * *
Commerce will be monitoring the contracts biannually to review progress in meeting milestones,
deliverables and invoicing.
Grant Objective 1: Develop a subregional tracking and monitoring program for unregulated and
regulated affordable housing across five south King County cities (Auburn, Burien, Kent, Renton,
and Tukwila).
Steps/
Deliverables Description Start Date End Date
Action 1 Retain consultant to collect information, develop a
plan, and outline a database to track and monitor
affordable housing
Jan. 2022 July 2022
Step 1.1 Use RFP to retain consultant and refine scope to identify
needed data collection, sources, and examples of
successful affordable housing tracking programs
May 2022
Step 1.2 Obtain approval from city officials for parameters of
program and draft database example
July 2022
Deliverable 1 Approved database parameters memo and draft
database example
July 29,
2022
Action 2 Develop database for tracking unregulated and
regulated affordable housing
July 2022 Sept. 2022
AGENDA ITEM #6. g)
Attachment A
Step 2.1 Refine database based on collective staff input to
outline/draft, and compile completed database
Sept. 2022
Step 2.2 Develop data sharing agreements with housing providers Sept. 2022
Deliverable 2 Completed affordable housing database, including
metadata, plan for updates, and data sharing
agreements
Sept 30,
2022
Grant Objective 2: Promote Diverse Housing Types and Sizes in Neighborhoods
Action 3 Conduct a residential land use study Jan. 2022 August
2022
Step 3.1 Review existing development regulations and current
zoning capacity
March 2022
Step 3.2 Conduct development feasibility analysis to determine
potential areas where increased development densities
and new housing types would result in housing production
June 2022
Step 3.3 Recommend action, as applicable, to allow additional
housing types, change minimum density requirements in
R-10, R-14, and RMF zones, create a second higher
density RMF-40 zone, and rezone areas to R-10, R-14,
and RMF to implement HAP implementation steps 2.1,
2.2, 2.3, and/or 2.4
August 2022
Deliverable 3 Residential land use study report with recommended
actions
August 31,
2022
Action 4 Draft ordinance(s) and initial staff report Sept. 2022 Dec. 2022
Step 4.1 Brief Planning Commission and City Council on
recommendations of the residential land use study
Sept. 2022
Step 4.2 Prepare SEPA checklists and notices Oct. 2022
Step 4.3 Develop staff recommendations and present to the
Planning Commission
Nov. 2022
Step 4.4 Make modifications to legislative proposal per Planning
Commission feedback
Dec. 2022
Deliverable 4 Draft ordinance(s) for legislative action on one or
more of the following HAP implementation steps: 2.1
to allow additional housing types; 2.2 to change
minimum densities in R-10, R-14, or RMF zones; 2.3 to
add a second higher-density RMF-40 zone; or 2.4 for
targeted rezoning to R-10, R-14, or RMF.
Dec. 30,
2022
Action 5 Finalize legislative action(s) for adoption Jan. 2022 March 2023
Step 5.1 Hold public hearing at Planning Commission Jan. 2023
AGENDA ITEM #6. g)
Attachment A
Step 5.2 Make modifications to legislative proposal per Planning
Commission feedback; present revised proposal for
Planning Commission deliberations and recommendation
Feb. 2023
5.3 Present to Council committee for recommendation to full
Council
March 2023
5.4 Present to Council for adoption March 2023
Deliverable 5 Adopted ordinance(s) to authorize legislative action
on one or more of the following HAP implementation
steps: 2.1 to allow additional housing types; 2.2 to
change minimum densities in R-10, R-14, or RMF
zones; 2.3 to add a second higher-density RMF-40
zone; or 2.4 for targeted rezoning to R-10, R-14, or
RMF.
March 31,
2023
Grant Objective 3: Evaluate use of linkage fees to generate revenue for affordable housing.
Action 6 Scope the nexus study Jan. 2022 May 2022
Step 6.1 Retain consultant to develop nexus study methodology
and assumptions
May 2022
Deliverable 6 Nexus study methodology to assess justification,
feasibility, and potential revenue generation from a
linkage fee for affordable housing
May 30,
2022
Action 7 Conduct a nexus study June 2022 Jan. 2023
Step 7.1 Quantify the impact of residential development on the
need for affordable housing in the City and determine the
maximum linkage fees to mitigate those impacts
Oct. 2022
Step 7.2 Brief Planning Commission and City Council on findings of
the nexus study report
Jan. 2023
Deliverable 7 Nexus study report to inform use of linkage fees to
generate revenue for affordable housing
Jan. 30,
2022
AGENDA ITEM #6. g)
Attachment B
Budget
Grant Objective 1:Commerce Funds
Deliverable 1. Approved database parameters memo and draft database example $6,000
Deliverable 2. Completed affordable housing database, including metadata, plan
for updates, and data sharing agreements $14,000
Grant Objective 2:
Deliverable 3. Residential land use study report $36,000
Deliverable 4. Draft ordinance(s) for legislative action on one or more of the
following HAP implementation steps: 2.1 to allow additional housing types; 2.2 to
change minimum densities in R-10, R-14, or RMF zones; 2.3 to add a second
higher-density RMF-40 zone; or 2.4 for targeted rezoning to R-10, R-14, or RMF.
$12,000
Deliverable 5. Adopted ordinance(s) to authorize legislative action on one or more
of the following HAP implementation steps: 2.1 to allow additional housing types;
2.2 to change minimum densities in R-10, R-14, or RMF zones; 2.3 to add a
second higher-density RMF-40 zone; or 2.4 for targeted rezoning to R-10, R-14,
or RMF.
$12,000
Grant Objective 3:
Deliverable 6. Nexus study methodology to assess justification, feasibility, and
potential revenue generation from a linkage fee for affordable housing $6,000
Deliverable 7. Nexus study report to inform use of linkage fees for affordable
housing $14,000
Total Grant Amount:$100,000
NOTE: The final Deliverable(s) for this grant represents a minimum of twenty percent (20%) of the total
grant award and payment is contingent upon submittal of a copy of the final deliverable(s).
AGENDA ITEM #6. g)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR A HOUSING
ACTION PLAN IMPLEMENTATION (HAPI) GRANT TO IMPLEMENT AN EXISTING
HOUSING ACTION PLAN.
WHEREAS, the City and Washington State Department of Commerce (“Commerce”) are
authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative
agreement; and
WHEREAS, the Washington State Legislature created the Housing Action Plan and
Implementation (HAPI) grant program to provide funding for cities to adopt new housing action
plans (HAPs) under RCW 36.70A.600 or to implement strategies from adopted HAPs; and
WHEREAS, on October 11, 2021 the Council passed Resolution No. 4449 adopting the
City of Renton Housing Action Plan, which recommended strategies for the City to consider
implementing to encourage the construction of additional affordable and market rate housing
options; and
WHEREAS, the City was awarded $100,000.00 in HAPI grant funds to assist with the
implementation of the City of Renton Housing Action Plan to be administered by Commerce;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I.The Mayor and City Clerk are hereby authorized to enter into an
interlocal agreement with Commerce for a HAPI Grant to Implement the City of Renton Housing
Action Plan, attached hereto as Exhibit “A” and incorporated by this reference.
AGENDA ITEM #6. g)
RESOLUTION NO. _______
2
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2022.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES-EHHS:1899:12/21/21
AGENDA ITEM #6. g)
RESOLUTION NO. _______
3
EXHIBIT “A”
Interlocal Agreement with the Washington State Department
of Commerce For Housing Action Plan Implementation (HAPI)
Grant to Implement an Existing Housing Action Plan
AGENDA ITEM #6. g)
AB - 3045
City Council Regular Meeting - 10 Jan 2022
SUBJECT/TITLE: Therapeutic Court Grant Acceptance and Approval
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Municipal Court
STAFF CONTACT: Bonnie Woodrow, Judicial Administrative Officer
EXT.: 6531
FISCAL IMPACT SUMMARY:
2 year grant agreement between Administrative Office of the Courts and the Renton Municipal Court to
support Renton Municipal Community Court. Total grant compensation of $202,633 to be used for :
1. Personnel Salaries for Case Manager/Community Court Coordinator in the amount of $195,385 and
2. Other Participant Services in the amount of $7,248.
This grant revenue will partially offset the new Case Manager FTE position that wa s approved by the Council
on November 29, 2021, effective January 1, 2022 and offset miscellaneous costs associated with the
Community Court.
SUMMARY OF ACTION:
Renton Municipal Court is requesting acceptance and approval of the Therapeutic Courts Grant issued by the
Administrative Office of the Courts. This grant will partially offset the costs associated with the Renton Municipal
Community Court Coordinator/Case Manager position that was created to oversee the program. The Renton City
Council approved the creation of the position on November 29, 2021.
EXHIBITS:
A. Issue paper
B. Therapeutic Courts Grant Agreement
STAFF RECOMMENDATION:
Accept and approve the 2-year Therapeutic Courts Grant issued by the Administrative Office of the Courts, in
the amount of $202,633 to assist with expenses associated with the creation and operation of the Renton
Municipal Community Court.
AGENDA ITEM #6. h)
Renton Municipal Court
Memorandum
DATE:January 10, 2022
TO:Ryan McIrvin, Council President
Members of Renton City Council
CC:Armondo Pavone, Mayor
FROM:Bonnie Woodrow, Judicial Administrative Officer
SUBJECT:Therapeutic Court Grant Acceptance and Approval
ISSUE
Should the City accept and approve a $202,633 Therapeutic Court grant funding offer
from the Administrative Office of the Courts?
BACKGROUND
In recognition of an immediate need to bring the Courts most at-risk clients - primarily
those suffering from addiction and mental health issues - together with resources
already available in the community, the Municipal Court launched a community court
model in July 2021. Community Court is a weekly calendar session that provides
qualified non-violent offenders, on-site access to services specializing in housing,
healthcare, chemical dependency, mental health, education, employment, licensing,
veteran services, etc., while holding them accountable and adjudicating their case.
This program was implemented virtually, without a budget and without a community
court coordinator, recognizing that this would potentially impact the ability of the
calendar to achieve its full potential. However, during the pandemic, the needs of our
at-risk community have become more critical. While proceeding without a community
court coordinator was not ideal, it was apparent that doing so was better than waiting,
or not proceeding at all.
Recognizing that the community court would greatly benefit from a coordinator, the
court began searching for funding support through grants. A grant proposal was
submitted in September of 2021 to the Washington State Administrative Office of the
Courts for a Therapeutic Court Grant. Funds were requested to support a full-time case
manager/community court coordinator, who will be able to assist participants in
navigating social service's needs, while also working with community service providers
to ensure that appropriate resources are available, and connections are made for our
participants. In addition to funding a case manager, grant funds were requested for
AGENDA ITEM #6. h)
Page 2 of 2
January 5, 2022
uncompensated services to include, but not limited to, treatment services, prepaid cell
service, hotels vouchers, job training, staff training, and equipment needs.
The Court will be required to report quarterly to AOC on the effectiveness of the
therapeutic court program. Performance tracking measures have already been
implemented and program results are being monitored.
PROPOSAL
The Court recommends that the City Council authorize entry of the agreement with AOC
for SB 5476 Therapeutic Court Grant funding in the amount of $202,633.00.
AOC funding begins in December 2021 and ends at the conclusion of FY23 (July 2023).
The awarded funds will be disbursed under these categories:
Personnel Salaries and Benefit $195,385
Staff Equipment & Training
Treatment Services
Other Participant Services $ 7,248
Total $202,633
If the grant is accepted, the Court will proceed to enter into the grant agreement with
AOC, submit reimbursement requests and comply with quarterly reporting
requirements.
RECOMMENDED ACTION
Authorize and enter into an agreement with the Administrative Office of the Courts
(AOC) to receive 2-year Therapeutic Courts grant award in the amount of $202,633.
AGENDA ITEM #6. h)
GRT22443 Page 1 of 6
GRANT AGREEMENT - GRT22443
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
RENTON MUNICIPAL COURT
THIS AGREEMENT (Agreement) is made by and between, Washington State
Administrative Office of the Courts (AOC) and Renton Municipal Court, (Grantee),
(collectively as the Parties and individually each as a Party).
The Parties hereby enter into this Agreement whereby Grantee will perform certain services
for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions
specified in Attachment A and agrees to the following terms and conditions.
1. SCOPE OF WORK
Grantee must use funding to identify individuals before their court with substance use
disorders or other behavioral health needs and engage those individuals with community-
based therapeutic interventions within the Contractor’s jurisdiction in accordance with the
Contractor’s grant application, Award Letter (Attachment B), and Statement of Work
(Attachment A).
2. TERM AND PERIOD OF PERFORMANCE
This Agreement’s period of performance runs from December 1, 2021 through June 30,
2023, unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement
and all its terms and conditions shall remain in full force and effect until all deliverables are
completed or otherwise terminated, and this Agreement is terminated and/or completed.
3. COMPENSATION AND PAYMENT
The awarded amount is $202,633. Grantee will use the funds for the following cost
categories:
Cost Category Amount
Personnel salaries & benefits $195,385
Staff equipment & training $0,000
Treatment services $0,000
Other participant services $7,248
Total $202,633
Grantee may vary the amount in any particular category by up to 10%, but any adjustments
beyond 10% require the explicit written consent of AOC’s Project Manager, and in no case
may the total amount exceed the amount above.
AGENDA ITEM #6. h)
GRT22443 Page 2 of 6
This amount includes expenses necessary or incidental to performing the items under the
Statement of Work, including, but not limited to, travel, lodging and per diem related
expenses. Contractor will submit an invoice after the completion and acceptance of each
deliverable noted above.
This amount will be disbursed in two allotments, one in December 2021 and the second in
July 2022 upon receipt of a properly filled out Form A-19.
4. REPORTING
The Contractor must submit quarterly reports to AOC documenting the progress their
therapeutic court program. These reports will provide:
• The number of program participants for the corresponding quarter,
• The services provided to program participants for the corresponding quarter,
• The cost of services provided to program participants for the corresponding quarter,
• Other costs accrued by the Contractor to support the therapeutic court program
during the corresponding quarter, and
• Any challenges faced by the Contractor in operating their therapeutic court program
during the corresponding quarter.
Reports shall be emailed to Stephanie Oyler at Stephanie.Oyler@courts.wa.gov on the
following schedule:
Period Report Due
12/01/21 - 04/16/22 04/31/22
04/17/22 - 09/16/22 09/30/22
09/17/22-02/14/23 02/28/23
02/15/23-06/30/23 07/15/23 (final report)
Failure to submit a report by the due date may adversely affect the Contractor’s eligibility for
future funding.
5. BILLING PROCEDURES
Contractor will submit properly prepared Form A-19s via email to AOC Financial Services
at MSDFinancialServices@courts.wa.gov. Invoices shall be submitted no more than twice
during the pendency of the contract. Incorrect or incomplete invoices shall be returned by
AOC to Contractor for correction and reissuance, and may result in delays in funding. All
Invoices shall provide and itemize, at a minimum, the following:
A. Contract Number GRT22443;
B. Contractor name, address, phone number;
C. Contractor Federal tax Identification Number;
AGENDA ITEM #6. h)
GRT22443 Page 3 of 6
D. Description of Services to be provided;
E. Date(s) Services will be provided;
F. Total Invoice Price.
Payment will be considered timely if made by the AOC within thirty (30) calendar days of
receipt of a properly prepared invoice. Payment shall be sent to the address designated by
the Contractor.
The AOC may, in its sole discretion, terminate the contract or withhold payments claimed
by the Contractor for services rendered if the Contractor fails to satisfactorily comply with
any term or condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under this
contract shall be made by the AOC.
6. SAFEGUARDING OF INFORMATION
The use or disclosure by the Contractor of any information obtained as a result of
performance under this contract concerning the AOC or the Court for any purpose not
directly connected with the administration of the AOC's, the Court's or the Contractor's
responsibilities with respect to services provided under this contract is prohibited except by
written consent of the AOC or the Court.
7. CONFLICT OF INTEREST
Grantee warrants that at the date of execution of this Agreement, no organizational conflict
of interest exists or is likely to arise in the performance of its obligations under the
Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest
arises in the future.
8. PROJECT MANAGEMENT
The Project Manager for each of the parties shall be the contact person for all
communications regarding the performance of this Contract.
AOC Project Manager Contractor Project Manager
Stephanie Oyler
PO Box 41170
Olympia, WA 98504-1170
stephanie.oyler@courts.wa.gov
360-890-0901
Bonnie Woodrow
Court Services Director
1055 South Grady Way
Renton, WA 98057-3232
bwoodrow@rentonwa.gov
425-430-6531
9. ASSIGNMENT
Grantee agrees that none of the deliverables to be furnished under this Agreement shall be
assigned or subcontracted (including to independent consultants) without the prior written
permission of AOC.
AGENDA ITEM #6. h)
GRT22443 Page 4 of 6
10. TERMINATION
A. Termination for Default
The AOC may, by written notice, terminate this contract, in whole or in part, for
failure of the Contractor to perform any of the obligations or provisions required by
the contract. In the event of default, the Contractor shall be liable for damages as
authorized by law, including but not limited to, any cost difference between the
original contract and the replacement or cover contract and all administrative costs
directly related to the replacement contract, e.g., cost of the competitive bidding,
mailing, advertising and staff time; Provided, that if (i) it is determined for any reason
the Contractor was not in default, or (ii) the Contractor’s failure to perform is without
Contractor’s and/or Subcontractor’s control, fault, or negligence, the termination
shall be deemed to be a Termination for Convenience.
B. Termination for Convenience
Except as otherwise provided in this contract, the AOC may terminate this contract
by providing written notice of such termination to the Contractor, specifying the
effective date thereof, at least five (5) calendar days prior to such date. If this
contract is so terminated, the AOC shall be liable only for payment for services
rendered prior to the effective date of termination.
11. DISPUTES
The Parties agree to attempt to resolve any dispute arising under this Agreement first by
elevating the matter to appropriate levels of management within each organization.
Grantee agrees that pending any decision, appeal or judgment on the settlement of any
dispute arising under this Agreement, Grantee shall proceed diligently with the
performance of this Agreement.
12. INDEMNIFICATION
The Contractor shall defend, protect, and hold harmless the state of Washington, the AOC,
or any employees thereof, from and against all claims, suits or actions arising from the
Contractor's acts which are libelous or slanderous, which result in injury to persons or
property, which violate a right of confidentiality, or which constitute an infringement of any
copyright, patent, trademark or trade name through use or reproduction of material of any
kind.
13. FORCE MAJEURE
Neither Contractor nor AOC shall be liable or responsible for delays or failures in
performance resulting from events beyond the reasonable control of such party and
without fault or negligence of such party. Such events shall include but not be limited to
strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power
failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or
other disasters, whether or not similar to the foregoing, and acts or omissions or failure to
cooperate of the other party or third parties (except Subcontractors).
AGENDA ITEM #6. h)
GRT22443 Page 5 of 6
14. REPRESENTATION AND CERTIFICATIONS
Grantee shall complete all required Representations and Certifications as they apply to
this Agreement, if any. Grantee further agrees that it will provide additional or annual
Representations and Certifications as may be requested by AOC in connection with this
Agreement, and also agrees to promptly notify AOC of any changes which modify the
information contained in any such Representations and Certifications.
15. COMPLIANCE WITH LAWS
Grantee shall comply with all applicable Federal, State, and local laws, executive orders,
rules and regulations applicable to its performance under this Agreement.
16. INDEPENDENT CONTRACTORS
Grantee is an independent contractor in relation to AOC with respect to all matters arising
under this Agreement. Nothing herein shall be construed to establish a partnership, joint
venture, association or employment relationship between the parties. Neither Party shall
be deemed to be an agent of the other or to have any authority to bind or create any
obligation, express or implied, on behalf of the other.
17. WHOLE AGREEMENT
This Agreement and the SOW attached hereto contain and embody the entire agreement
of the Parties hereto and supersede all prior agreements, negotiations and discussions
between the Parties hereto. Any representation, inducement or agreement that is not
contained in this Agreement shall not be of any force or effect. Except as otherwise
expressly provided in this Agreement, this Agreement may not be modified or changed in
whole or in part in any manner other than by an instrument in writing duly signed by both
Parties hereto.
18. NO PUBLICITY
No news releases, public announcement, Customer(s) names, denial or confirmation of
any part of the subject matter of this Agreement or any phase of any program hereunder
shall be made without the prior written consent of AOC. The restrictions of this section
shall continue in effect upon completion or termination of this Agreement for such period of
time as may be mutually agreed upon in writing by the Parties. In the absence of a written
established period, no disclosure is authorized.
19. GOVERNING LAW/VENUE
This Agreement will be governed by and construed and enforced in accordance with the
laws of Washington without giving effect to the principles of conflict of laws thereunder.
20. EXECUTION IN COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall
constitute one and the same Agreement.
AGENDA ITEM #6. h)
GRT22443 Page 6 of 6
21. WAIVER
No Party shall be deemed to have waived any right hereunder unless such waiver is in
writing, and the waiver or failure of either Party to exercise in any respect any right
provided for herein shall not be a waiver of any further right hereunder.
22. SEVERABILITY
If any portion of this Agreement is held or determined to be invalid or unenforceable, the
remaining provisions shall continue in full force and effect as if this Agreement had been
executed within the invalid portion eliminated.
23. HEADINGS
Any headings used in this Agreement are for purposes of organization only and have no
independent legal significance.
In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the
day and year below written.
Administrative Office of the Courts Grantee
Signature Date Signature Date
Dawn Marie Rubio
Name Name
State Court Administrator
Title Title
AGENDA ITEM #6. h)
GR22443 - Attachment A
Statement of Work
The Contractor must use funding to identify individuals before their court with substance
use disorders or other behavioral health needs and engage those individuals with
community-based therapeutic interventions within the Contractor's jurisdiction in
accordance with the Contractor's grant application.
Funds can be used for the following costs categories:
•personnel salaries & benefits,
•staff equipment & training,
•treatment services (therapeutic services specifically designed to address SUD and
MH) & compliance monitoring, and
•other participant services (other supportive services meant to ensure participant
success-i.e. transportation services, including bus passes or car services
providing transportation to court related activities and direct provision of meals,
water and snacks).
Funds cannot be used for:
•replacing or supplementing the salary of current employees of the Contractor
(employees must be taki ng on additional work or be a new employee to be eligible
for funding),
•program incentives that constitute a gift or reward
•items and activities outside of the cost categories listed in the Contractor's award
letter.
The Contractor shall submit quarterly reports to AOC documenting the progress their
therapeutic court program. These reports shall provide:
•the number of program participants for the corresponding quarter,
•the services provided to program participants for the corresponding quarter,
•the cost of services provided to program participants for the corresponding
quarter
•other cost accrued by the Contractor to support the therapeutic court program
during the corresponding quarter, and
•challenges faced by the Contractor in operating their therapeutic court program
during the corresponding quarter.
Reports shall be emailed to Stephanie Oyler at Stephanie.Oyler@courts.wa.gov.
Reporting schedule:
Period Report Due
12/01/21 -04/16/22 04/31/22
04/17/22 -09/16/22 09/30/22
09/17 /22-02/14/23 02/28/23
02/15/23-06/30/23 07/15/23
(final report)
Failure to submit a report by the due date may adversely affect the Contractor's eligibility
for future funding.
GRT22443 - Attachment A
AGENDA ITEM #6. h)
STATE OF WASHINGTON
1206 QUINCE ST SE ● P.O. Box 41170 ● Olympia, WA 98504-1170
360-753-3365 ● 360-586-8869 Fax ● www.courts.wa.gov
SENT VIA EMAIL
October 29, 2021
ATTN:
Kara Murphy Richards, Presiding Judge
Bonnie Woodrow, Administrator
Renton Municipal Court
1055 S Grady Way
Renton, WA 98057-3232
Subject: Award Letter for SB 5476 Therapeutic Court Grant Program
We are pleased to inform you that the Administrative Office of the Courts (AOC) has reviewed your recent grant
application, and has chosen to award you a grant in the amount of $202,633.00.
The amount awarded may differ from the amount you requested. AOC adjusted all funding requests to start in
December 2021 and end at the conclusion of FY23 (July 2023). If you have any questions about how your award
was recalculated, please reach out to Stephanie Oyler at Stephanie.Oyler@courts.wa.gov.
It is the intention of AOC that the grant be used to identify individuals before Renton Municipal Court with
substance use disorders or other behavioral health needs and engage those individuals with community-based
therapeutic interventions as described in your grant application. This award letter explains the responsibilities
and expectations of grant recipients.
You will receive a Grant Agreement formalizing the terms of your award and a blank A-19 form in November.
Grant recipients must sign the Grant Agreement and complete an A-19 form within ten days of receipt, and
specify the contract manger, including their contact information. Once the Grant Agreement and accompanying
A-19 form are signed and returned to AOC, the award monies will be dispersed.
Award Disbursement
Your award will be split into two disbursements. Recipients will receive the first half of their award ($101,316.50)
in December 2021, and the second half of their award ($101,316.50) in July 2022.
Award monies will be divided into one of four cost categories. Cost categories will dictate how an award can be
spent. The cost categories are as follows:
Personnel Salaries & Benefits
Staff Equipment & Training
Dawn Marie Rubio, J.D.
State Court Administrator
ADMINISTRATIVE OFFICE OF THE COURTS
AGENDA ITEM #6. h)
STATE OF WASHINGTON
1206 QUINCE ST SE ● P.O. Box 41170 ● Olympia, WA 98504-1170
360-753-3365 ● 360-586-8869 Fax ● www.courts.wa.gov
Treatment Services (therapeutic services specifically designed to address SUD and MH) & Compliance
Monitoring
Other Participant Services (other supportive services meant to ensure participant success- i.e.
transportation services, including bus passes or car services providing transportation to court related
activities and direct provision of meals, water and snacks, but excluding program incentives that would
constitute a “gift.”
The table below will show how your award must be distributed amongst the cost categories. A recipient is allowed
to move award monies between categories if it less than 10% of the total award amount. If a recipient wishes to
move more than 10% of the total award between cost categories, the recipient must have permission from AOC.
Personnel Staff Equipment &
Training
Treatment Services Other Participant
Services
Total Award
$195,385.00 $0.00 $0.00 $7,248.00 $202,633.00
Reporting Requirements
Award recipients will be required to report quarterly to AOC on the impact of the award on their court and the
effectiveness of their therapeutic court program at the dates listed below:
First Report due April 30, 2022
Second Report due September 31, 2022
Third Report due February 28, 2023
Fourth Report due June 30, 2023
Reports should include the number of individuals engaged in your therapeutic court program for that quarter, a
detailed list of the services provided to individuals involved in the program for that quarter, the cost of those
services and a description of the challenges faced by your therapeutic court program.
Reports should be submitted to Stephanie.Oyler@courts.wa.gov.
If you have any questions regarding the terms expressed in this letter, please contact Brittany Gregory at
Brittany.Gregory@courts.wa.gov.
Respectfully,
Christopher Stanley
Chief Financial and Management Officer
cc: Dawn Marie Rubio, State Court Administrator
Brittany Gregory, Associate Director of Judicial and Legislative Relations
Stephanie Oyler, Court Association Coordinator
AGENDA ITEM #6. h)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
8‐1‐10 OF THE RENTON MUNICIPAL CODE, ESTABLISHING THE SOLID WASTE
COLLECTION SERVICES RATES STARTING APRIL 1, 2022 FOR ALL CUSTOMER
CLASSES, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE
DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 8‐1‐10 of the Renton Municipal Code is amended as follows:
8‐1‐10: RATES FOR SERVICES:
The following schedule is hereby adopted as the monthly charges to be paid to the
City for services rendered in each category:
A. Residential Customers:
1. For garbage cans, carts, and/or garbage units:
Single‐family Every Other Week Garbage
& Recycling,
Weekly Yard Waste & Food Scraps Cart
Service Level
2021 Renton
SWU Monthly
Rates
January 1 –
March 31,
2022 Renton
SWU Monthly
Rates
Starting
April 1, 2022
Renton SWU
Monthly
Rates
20 Gallon Contractor Cart $14.31 $14.60 $15.03
35 Gallon Contractor Cart $23.53 $24.00 $24.71
45 Gallon Contractor Cart $29.66 $30.26 $31.14
64 Gallon Contractor Cart $41.28 $42.11 $43.34
96 Gallon Contractor Cart $60.95 $62.17 $64.00
Each Additional 35 Gallon Cart $23.53 $24.00 $24.71
Senior 20 Gallon Cart Rate $3.58 $3.65 $3.76
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
2
(75% subsidy)/for Existing customers
prior to May 31, 2008
Senior 20 Gallon Cart Rate (50% subsidy) $7.15 $7.29 $7.51
Senior 35 Gallon Cart Rate (50% subsidy) $11.77 $12.01 $12.36
Senior 45 Gallon Cart Rate (50% subsidy) $14.82 $15.12 $15.56
Senior 64 Gallon Cart Rate (50% subsidy) $20.66 $21.07 $21.69
Senior 96 Gallon Cart Rate (50% subsidy) $30.68 $31.30 $32.21
Extra Garbage, up to 15 gallons per
unit/per pickup
$4.38 $4.46 $4.60
Extra 96 Gallon Yard Waste Cart Rental $2.43 $2.48 $2.55
Residential Return Trip Charge per pickup $6.30 $6.43 $6.62
Cart Cleaning (per cart, per cleaning) $12.14 $12.38 $12.75
Drive‐in Charge (per month) $6.64 $6.78 $6.97
Overweight/Oversize Container (per
pickup)
$3.51 $3.58 $3.69
Re‐delivery (one or more containers) $12.14 $12.38 $12.75
Sunken Can Surcharge $8.34 $8.50 $8.76
2. Residential customers are allowed to change their garbage service
level once per year without incurring an administrative fee. Each garbage service
level change per year above the once per year allowance will result in an
administrative fee of thirty‐five dollars ($35.00). The one (1) year period shall
begin January 1 and shall end December 31 each year.
3. Senior and/or disabled customers who qualified under Subsection 8‐4‐
31.C of this Title for low‐income rates for seventy‐five percent (75%) subsidy prior
to May 31, 2008, are eligible for a three dollars and fifty‐eight cents ($3.58) fee for
2021 and three dollars and sixty‐five cents ($3.65) fee for January 1 – March 31,
2022, and three dollars and seventy‐six cents ($3.76) starting April 1, 2022, for 20
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
3
Gallon Cart service. For services other than 20 Gallon Cart service, the rate
schedule at the fifty percent (50%) subsidy as provided in Subsection 8‐1‐10.A.1
will apply. All senior and/or disabled customers qualifying under Subsection 8‐4‐
31.C for low‐income rates after May 31, 2008, are eligible for a fifty percent (50%)
subsidy of the charges for the service level selected.
4. Premium Weekly Collection: Single‐family residential customers may
elect to have their garbage collected weekly for an additional fee of twenty‐four
dollars and two cents ($24.02) per month for 2021 and twenty‐four dollars and
fifty cents ($24.50) per month for January 1 – March 31, 2022, and twenty‐five
dollars and twenty‐two cents ($25.22) starting April 1, 2022. This fee will be added
to the monthly garbage billing as an extra Premium Service Fee.
5. Miscellaneous Services: The City of Renton offers miscellaneous
services at the following rates:
Services Cost per Pick Up
On‐Call Bulky Waste Collection
2021 Rates January 1 –
March 31,
2022 Rates
Starting April
1, 2022 Rates
White Goods, except Refrigerators/Freezers per
unit
$76.91 $78.45 $80.76
Refrigerators/Freezers per unit $82.30 $83.94 $86.42
Sofas/Chairs per unit $71.52 $72.95 $75.10
Mattresses per unit $68.82 $70.20 $72.26
B. Commercial Customers:
1. Multi‐family Carts: Customers have the following cart‐based services
available:
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
4
Multi‐family (“MF”) Cart Service
Level
2021 SWU
Monthly
Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting
April 1, 2022
Renton SWU
Monthly
Rates
MF One 20 Gallon Cart $24.05 $24.05 $25.01
MF One 35 Gallon Garbage Cart $31.27 $31.27 $32.52
Weekly MF One 45 Gallon Garbage Cart $38.80 $38.80 $40.35
Can and MF One 64 Gallon Contractor Cart $46.29 $46.29 $48.14
Cart MF One 96 Gallon Contractor Cart $61.32 $61.32 $63.77
Extra MF Can or Units ‐32 Gallon
Equivalent
$6.52 $6.52 $6.78
MF Weekly 64 Gallon Yard Waste
(incl. Cart)
$45.22 $45.22 $47.03
2. Commercial Carts: Customers have the following contractor cart‐based
services available:
Commercial Cart Service Level
2021 SWU
Monthly
Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting
April 1, 2022
Renton SWU
Monthly
Rates
One 20 Gallon Cart $37.97 $37.97 $39.49
One 35 Gallon Garbage Cart $42.23 $42.23 $43.92
Weekly One 45 Gallon Garbage Cart $48.14 $48.14 $50.07
Commercial One 64 Gallon Garbage Cart $54.26 $54.26 $56.43
Can and One 96 Gallon Garbage Cart $66.66 $66.66 $69.33
Cart Extra Units – 32 Gallon Equivalent $6.78 $6.78 $7.05
Weekly 64 Gallon Yard Waste Cart $45.22 $45.22 $47.03
Customer Event Service
(3 Carts: Garbage, Recycle, Yard
Waste/Day)
$37.67 $37.67 $39.18
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
5
3. Commercial Detachable Containers One (1) to Eight (8) Yards: The rate
for the handling of detachable containers approved by the City’s contractor and
the City for use by commercial, industrial and multi‐family residence
establishments shall be as follows:
a. Monthly Rates:
Commercial Service Level
2021 SWU
Monthly
Rates
January 1 –
March 31,
2022 SWU
Monthly
Rates
Starting April
1, 2022
Renton SWU
Monthly
Rates
1 Cubic Yard, 1 pickup/week $113.98 $113.98 $118.54
1 Cubic Yard, 2 pickups/week $214.04 $214.04 $222.60
1 Cubic Yard, 3 pickups/week $314.15 $314.15 $326.72
1 Cubic Yard, 4 pickups/week $414.21 $414.21 $430.78
1 Cubic Yard, 5 pickups/week $514.29 $514.29 $534.86
1.5 Cubic Yards, 1 pickup/week $156.24 $156.24 $162.49
1.5 Cubic Yards, 2 pickups/week $298.59 $298.59 $310.53
1.5 Cubic Yards, 3 pickups/week $440.93 $440.93 $458.57
Commercial 1.5 Cubic Yards, 4 pickups/week $583.28 $583.28 $606.61
Detachable 1.5 Cubic Yards, 5 pickups/week $725.61 $725.61 $754.63
Container 2 Cubic Yards, 1 pickup/week $196.97 $196.97 $204.85
(Loose) 2 Cubic Yards, 2 pickups/week $380.04 $380.04 $395.24
2 Cubic Yards, 3 pickups/week $563.11 $563.11 $585.63
2 Cubic Yards, 4 pickups/week $746.18 $746.18 $776.03
2 Cubic Yards, 5 pickups/week $929.26 $929.26 $966.43
3 Cubic Yards, 1 pickup/week $280.25 $280.25 $291.46
3 Cubic Yards, 2 pickups/week $546.63 $546.63 $568.50
3 Cubic Yards, 3 pickups/week $812.99 $812.99 $845.51
3 Cubic Yards, 4 pickups/week $1,079.36 $1,079.36 $1,122.53
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
6
3 Cubic Yards, 5 pickups/week $1,345.74 $1,345.74 $1,399.57
4 Cubic Yards, 1 pickup/week $363.40 $363.40 $377.94
4 Cubic Yards, 2 pickups/week $712.93 $712.93 $741.45
4 Cubic Yards, 3 pickups/week $1,062.44 $1,062.44 $1,104.94
4 Cubic Yards, 4 pickups/week $1,411.84 $1,411.84 $1,468.31
4 Cubic Yards, 5 pickups/week $1,761.48 $1,761.48 $1,831.94
6 Cubic Yards, 1 pickup/week $527.26 $527.26 $548.35
6 Cubic Yards, 2 pickups/week $1,040.63 $1,040.63 $1,082.26
6 Cubic Yards, 3 pickups/week $1,554.00 $1,554.00 $1,616.16
6 Cubic Yards, 4 pickups/week $2,067.37 $2,067.37 $2,150.06
6 Cubic Yards, 5 pickups/week $2,580.75 $2,580.75 $2,683.98
8 Cubic Yards, 1 pickup/week $690.15 $690.15 $717.76
8 Cubic Yards, 2 pickups/week $1,366.40 $1,366.40 $1,421.06
8 Cubic Yards, 3 pickups/week $2,042.63 $2,042.63 $2,124.34
8 Cubic Yards, 4 pickups/week $2,718.89 $2,718.89 $2,827.65
8 Cubic Yards, 5 pickups/week $3,395.14 $3,395.14 $3,530.95
Extra Cubic Yard Lloose cubic yard
in container, per cubic yard/per
pickup
$23.09 $23.09 $24.01
Extra Cubic Yard Loose on ground,
per cubic yard/per pickup
$35.53 $36.95
Commercial Service Level
2021 SWU
Monthly Rates
January 1 –
March 31, 2022
SWU Monthly
Rates
Starting April 1,
2022 Renton
SWU Monthly
Rates
Commercial 1 Cubic Yard Compactor $271.83 $271.83 $282.70
Detachable 1.5 Cubic Yards Compactor $392.82 $392.82 $408.53
Container 2 Cubic Yards Compactor $504.84 $504.84 $525.03
(Compacted) 3 Cubic Yards Compactor $743.51 $743.51 $773.25
4 Cubic Yards Compactor $982.50 $982.50 $1,021.80
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
7
6 Cubic Yards Compactor $1,459.75 $1,459.75 $1,518.14
b. Rental Rates: Rental rates for one (1) to eight (8) yard containers
will be paid in the monthly rates.
c. Minimum Pickups: Minimum pickups for containers and
compactors between one (1) and eight (8) yards will be once per week.
4. Extra Charges:
a. The following extra charges will apply for commercial services,
including Multi‐family and Commercial Cart, Detachable and Roll Off Container
services:
Commercial Cart & Detachable Extra
Service Fees
2021
January 1 –
March 31,
2022
Starting April
1, 2022
Renton SWU
Monthly
Rates
1 Yard Extra Pickup $29.13 $29.13 $30.30
1.5 Yard Extra Pickup $39.93 $39.93 $41.53
2 Yard Extra Pickup $50.35 $50.35 $52.36
3 Yard Extra Pickup $71.63 $71.63 $74.50
4 Yard Extra Pickup $92.87 $92.87 $96.58
6 Yard Extra Pickup $134.76 $134.76 $140.15
8 Yard Extra Pickup $176.39 $176.39 $183.45
1 Yard Compactor Extra Pickup $69.48 $69.48 $72.26
1.5 Yard Compactor Extra Pickup $100.40 $100.40 $104.42
2 Yard Compactor Extra Pickup $129.03 $129.03 $134.19
3 Yard Compactor Extra Pickup $190.02 $190.02 $197.62
4 Yyard Compactor Extra Pickup $251.10 $251.10 $261.14
6 Yard Compactor Extra Pickup $373.08 $373.08 $388.00
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
8
Commercial cart carry out charge if over
50 feet, per 25 ft/cart, container/pickup
$7.01 $7.01 $7.29
Return trip for carts/containers not
available for collection at regularly
scheduled pickup time
$31.17 $31.17 $32.42
Redelivery of Cart $10.44 10.44 $10.86
Redelivery of Container $20.87 $20.87 $21.70
Cleaning (per cart, per yard container
capacity)
$10.44 $10.44 $10.86
Stand‐by Time for containers (per
minute)
$6.20 $6.20 $6.45
Roll Off Extra Service Fees 2021
January 1 –
March 31,
2022
Starting April
1, 2022
Renton SWU
Monthly
Rates
Return Trip for Drop Box $33.33 $34.00 $35.00
Container Cleaning Drop Box (per yard
capacity)
$12.03 $12.27 $12.63
Drop Box to Other Facility (per one‐way
mile)
$3.39 $3.46 $3.56
Solid Lid on Drop Box (monthly rental) $84.83 $86.53 $89.07
Drop Box Turn Around Charge $24.25 $32.74 $25.46
Stand‐by Time for Drop Box (per minute) $1.71 $1.74 $1.80
Hourly Rates
Rear/Side‐Load Packer + Driver $117.21 $119.55 $123.07
Front Load Packer + Driver $117.21 $119.55 $123.07
Drop Box Truck + Driver $101.90 $103.94 $107.00
Additional Labor (per person) $44.56 $45.46 $46.79
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
9
b. Any extra yardage charges determined by the collection contractor
due to overflowing containers will be charged per yard at the one (1) yard rate
listed under subsection 8‐1‐10.B.3.a.
5. Special Services:
a. Special Event Services: Bundled Garbage, Recycling, and Yard
Waste Cart‐based service is available upon request to customers sponsoring
Special Events within the City. The daily fee for Special Event Services is thirty‐
seven dollars and sixty‐seven cents ($37.67) in 2021 and thirty‐seven dollars and
sixty‐seven cents ($37.67) in for January 1 – March 31, 2022, and thirty‐nine
dollars and eighteen cents ($39.18) starting April 1, 2022, per one (1) set of
bundled carts.
b. Special Services Unspecified: Whenever special services not
contained within this schedule are required, the rate charged for those special
services shall be negotiated between the City and the collection contractor.
C. Commercial Roll Off Customers: Commercial Roll Off customers are those
who have a ten (10) to forty (40) yard container or compactor. These large
disposal containers are lifted, hauled, and weighed at the disposal facility.
Commercial container customers pay solid waste fees based upon the number of
pickups, corresponding weight‐based fees and a container rental fee. Compactor
customers pay solid waste fees based upon the number of pickups and a
corresponding weight‐based disposal fees.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
10
1. Base Pickup Fees: The base pickup fees are as follows on a per
occurrence basis:
Commercial Roll Off Rates
are Per Pickup
2021
January 1 –
March 31, 2022
Starting April 1,
2022 Renton
SWU Monthly
Rates
10 Yards Container $247.83 $252.79 $260.22
15 Yards Container $266.03 $271.35 $279.33
20 Yards Container $273.31 $278.78 $286.98
25 Yards Container $284.80 $290.51 $299.04
30 Yards Container $296.31 $302.25 $311.13
40 Yards Container $317.04 $323.39 $332.89
10‐15 Yards Compactor $279.84 $285.44 $293.83
20 Yards Compactor $304.75 $310.85 $319.99
25 Yards Compactor $316.15 $322.48 $331.96
30 Yards Compactor $327.55 $334.12 $343.93
40 Yards Compactor $347.92 $354.89 $365.32
The minimum pickups are twice per month.
2. Rental Rates: The following are rental rates for permanent roll off
containers:
Monthly Rental Rates 2021 January 1 –
March 31,
2022
Starting April
1, 2022
Renton SWU
Monthly
Rates
10 Yards Container $50.85 $51.87 $53.39
15 Yards Container $72.59 $74.04 $76.22
20 Yards Container $94.28 $96.17 $98.99
25 Yards Container $105.15 $107.26 $110.41
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
11
30 Yards Container $116.02 $118.35 $121.82
40 Yards Container $142.98 $145.84 $150.13
3. Disposal Fees: In addition to the base collection charge per pickup and
the monthly rental fee, the customer must pay weight‐based disposal fees plus
applicable tax.
D. (Rep. by Ord. 4898, 3‐19‐2001)
E. Temporary Services: Temporary Services are Commercial Container and
Roll Off services not to exceed ninety (90) days of service. Customers will be billed
for container delivery, container rental, and container pickup based upon the
number of pickups. For ten (10) to forty (40) yard containers, customers will be
billed separate disposal charges based upon weight‐based fees plus all applicable
taxes. Customers will be required to provide an advanced payment in the amount
of four hundred dollars ($400.00) for two (2) yard to eight (8) yard detachable
containers and eight hundred dollars ($800.00) for ten (10) to forty (40) yard Roll
Off containers. The advanced payment will be held and applied to the final billing
for services provided.
1. Temporary Container Base Pickup Fees:
Commercial Temporary Service
Per Pickup
2021 January 1 –
March 31, 2022
Starting
April 1, 2022
2 Yard Temporary $64.42 $64.42 $67.00
4 Yard Temporary $115.95 $115.95 $120.59
6 Yard Temporary $165.16 $165.16 $171.77
8 Yard Temporary $192.09 $192.09 $199.77
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
12
10 – 40 Yard Temporary $219.38 $223.77 $230.35
2. Temporary Container Rental Fees:
Commercial Temporary
Daily Rental
2021 January 1 –
March 31, 2022
Starting
April 1, 2022
2 Yard Temporary $6.44 $6.44 $6.70
4 Yard Temporary $6.44 $6.44 $6.70
6 Yard Temporary $6.44 $6.44 $6.70
8 Yard Temporary $6.44 $6.44 $6.70
10 – 40 Yard Temporary $9.78 $9.98 $10.27
Commercial Temporary
Monthly Rental 2021
January 1 –
March 31, 2022
Starting
April 1, 2022
2 Yard Temporary $195.88 $195.88 $203.79
4 Yard Temporary $195.88 $195.88 $203.79
6 Yard Temporary $195.88 $195.88 $203.79
8 Yard Temporary $195.88 $195.88 $203.79
10 – 40 Yard Temporary $297.48 $303.56 $312.38
3. Temporary Container Delivery Fee: A fee in the amount of sixty‐nine
dollars and ninety‐eight cents ($69.98) in 2021 and seventy‐one dollars and thirty‐
nine cents ($71.39) in for January 1 – March 31, 2022, and seventy‐three dollars
and forty‐eight cents ($73.48) starting April 1, 2022, will be charged for each
temporary container delivered to the customer.
F. Classification and Appeal: Service category classifications shall be on the
basis of the type and volume of solid waste and the purpose and type of the
dwelling or facility being served as determined by the Public Works Administrator
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
13
of the City, or the Administrator’s duly authorized representative. Any person who
shall deem their classification improper may appeal to the Solid Waste
Coordinator within forty‐five (45) days following their classification or change of
classification. After the decision of the Solid Waste Coordinator, if the party
appealing is still aggrieved, then the party may appeal to the Public Works
Administrator, whose decision shall be final.
SECTION III. Those rates starting April 1, 2022 shall become effective with billings
computed on or after April 1, 2022.
SECTION IV. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION V. This ordinance shall be effective April 1, 2022.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _______________________, 2021.
Armondo Pavone, Mayor
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
14
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2200:11/9/21
AGENDA ITEM # 8. a)