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HomeMy WebLinkAboutCouncil 08/10/2009AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
August 10, 2009
Monday, 7 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. SPECIAL PRESENTATION: Meritorious Service Award to Engine Crew 11 for Wells Ave. Fire
4. PUBLIC HEARING:
Leveraging State funds for local revitalization financing by establishing "revitalization areas,"
potentially identified are South Lake Washington and Port Quendall
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is
allowed five minutes. The comment period will be limited to one-half hour. The second audience
comment period later on in the agenda is unlimited in duration.) When you are recognized by the
Presiding Officer, please walk to the podium and state your name and city of residence for the
record, SPELLING YOUR LAST NAME.
NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot
measure or candidate from the lectern during any portion of the council meeting, and particularly,
during the audience comment portion of the meeting, is PROHIBITED.
7. 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 8/3/2009. Council concur.
b. Community Services Department submits CAG-08-201, Liberty Park Ballfield Lighting; and
requests approval of the project, commencement of a 60-day lien period, and release of
retained amount of $11,323.07 to Service Electric Company, Inc., contractor, if all required
releases are obtained. Council concur.
c. Fire and Emergency Services Department recommends approval of an agreement with the
Washington State Military Department to provide Department of Homeland Security Emergency
Management Performance Grant funds in the amount of $109,696, and approval for
appropriation and expenditure of the funds to support the emergency management program.
Council concur. (See 9.c. for ordinance.)
d. Transportation Systems Division recommends approval of Supplemental Agreement No. 1 to
CAG-09-075, with WHPacific, in the amount of $64,433 for additional services for the Stage II
Lake Washington Trail South Lake Connector project. Council concur.
8. 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 topic may be held by
the Chair if further review is necessary.
a. Committee of the Whole: Leveraging State Funds for Local Revitalization Areas*
(CONTINUED ON NEXT PAGE)
b. Finance Committee: Lease Amendment with LSI Logic Corporation; 2009-2010 High School Golf
Team Fee Waivers; Valley Cities Association Federal Grant Funding*; Legislative Consulting
Contract with Doug Levy
9. RESOLUTIONS AND ORDINANCES
Resolution:
Valley Cities Association Federal grant funding re: Broadband Technology Opportunities Program
(See 8.b.)
Ordinances for first reading:
a. Designate South Lake Washington as a local revitalization area (See 8.a.)
b. Designate Port Quendall as a local revitalization area (See 8.a.)
c. 2009 Budget amendment re: Emergency Management Performance Grant (See 7.c.)
10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded
information.)
11. AUDIENCE COMMENT
12. ADJOURNMENT
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
7TH FLOOR CONFERENCING CENTER
August 10, 2009
Monday, 6:00 p.m.
Fire Districts 25 and 40 - Meet & Greet
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST
TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM
Y o NOTICE
- RENTON CITY COUNCIL
PUBLIC HEARING
ON MONDAY, AUGUST 10, 2009 AT 7:00 P.M.
RENTON CITY HALL COUNCIL CHAMBERS
1055 SOUTH GRADY WAY
TO CONSIDER THE FOLLOWING: Leveraging State funds for local revitalization financing by establishing
"revitalization areas" (RAs), as authorized by the State Legislature's recent passage of 2nd substitute Senate Bill
504S. Two potential RAs identified are South Lake Washington and Port Quendall.
The South Lake Washington area is generally located between the southern boundary of Gene Coulon Memorial
Beach Park to the northeast, Lake Washington to the north, Logan Avenue North to the west, North 61h and North
7th Streets to the south and Garden Avenue North to the east. A map of the precise proposed Revitalization Area is
available at www.rentonwa.gov.
The Port Quendall area is generally located between Lake Washington to the west, the City of Renton boundary to
the east, SE 76th Street (if extended) to the north and North 40th Street (if extended) to the south. A map of the
precise proposed Revitalization Area is available at www.rentonwa.gov.
For the South Lake Washington area, the City is contemplating the following public improvements, with
corresponding preliminary cost estimates:
• extension of Park Avenue north from The Landing to the Southport development (approximately $5
million)
• channelization and other roadway improvements on Garden Avenue South at Park Avenue
(approximately $3 million)
• Highlands to The Landing Trail (approximately $2 million)
• Lake Washington Boulevard corridor improvements (approximately $5 million)
• water and sewer system upgrades (approximately $2.5 million)
• Bus Rapid Transit facilities and 700-stall transit -related parking garage (approximately $35 million)
For the Port Quendall area, the City is contemplating the following public improvements, with corresponding
preliminary cost estimates:
• reconstruction and signalization improvements on Lake Washington Boulevard and NE 44th
(approximately $7 million)
• frontage improvements along Seahawks Way and Lake Washington Boulevard, including an extension of
May Creek Trail (approximately $5 million)
• new reservoir and water and sewer system improvements (approximately $9 million)
• reclaimed water facility (approximately $6 million)
• public amenities, including the potential for as much as 3-5 acres of waterfront habitat restoration,
public open space, trails, and potential plaza(s), and funding for maintenance of these areas
(approximately $40 million).
The City anticipates that approximately twenty-five (2S%) of the above -mentioned public improvement costs will be
financed by the Local Revitalization Financing (LRF) program, if awarded by the State, with the remainder to be
funded by the project developers, together with potential grants, and other public/private funding sources.
The City will consider dedicating a portion of excise tax and property tax allocation revenues needed, together with
other resources, for a period not to exceed twenty-five years to match the amount of LRF funding awarded from the
State to finance the above proposed improvements.
CITY OF RENTON COUNCIL AGENDA BILL
Al #:
Submitting Data:
For Agenda of:
DepuDiv/Board.. Community Services/Parks Division
A
Agenda Status
Staff Contact...... Todd Black, ext. 6571
Consent ..............
Subject:
Public Hearing...
Retention Pay Application
Correspondence..
Liberty Park Ballfield Lights & Poles
Ordinance............
Service Electric Company, Inc.
Resolution............
File No. CAG-08-201
Old Business........
Exhibits:
New Business.......
Notice of Completion of Public Works Contract
Study Sessions.......
Information........ .
Recommended Action: Approvals:
Council Concur Legal Dept.........
Finance Dept......
Other ...............
X
10, 2009
Fiscal Impact:
Expenditure Required... $ 11, 323.07 Transfer/Amendment.......
Amount Budgeted.......... $ 285,000.00 Revenue Generated......... $15,000.00 (Custer Fund)
Total Project Budget $ 285,000.00 City Share Total Project $270,000.00
Summary of Action:
The Community Services Department submits CAG-08-201, Liberty Park Ballfield Lights &
Poles, for release of retainage. The project started on March 9, 2009, and was completed on
May 7, 2009. The contractor, Service Electric Company, Inc., fulfilled the terms of their
contract by installing athletic field lighting improvements to Liberty Park.
STAFF RECOMMENDATION:
Approve the project, commence the 60 day lien period, release the retained amount of
$11,323.07 to Service Electric Company, Inc., contractor, once all required releases are
obtained.
S
i
sTATE State of Washington
o�
04 z Department of Revenue
9
w- $ Audit Procedures & Administration
PO Box 47474
1889 a
Olympia, Washington 98504-7474
Reg.No.:
Date:
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From: DEPARTMENT USE ONLY
City of Renton Assigned To
1055 South Grady Way
Renton, WA 98055-2132 Date Assigned
Notice is hereby given relative to the completion of contract or project described below.
Description of Contract
Ballfield lighting and wiring at Liberty Park
Contractor's Name
Service Electric Company, Inc.
Phone No. 800-577-4779
Contractor's Address
1615 First Street; P.O. Box 1489; Snohomish, WA 98291-1489
Date Work Commenced
March 9, 2009
Date Work Completed
April 20, 2009
Date Work Accepted
May 7, 2009
Surety or Bonding Co.
Kibble & Prentice, a USI Co.
Agent's Address
P.O. Box 370; Seattle, WA 98111
Contract Amount:
Additions or Reductions:
Sales Tax:
Total
$ 215,199.90
$ 11,261.33
S 20.670.47
$ 247,131.70
UZ
Phone No:
Amount Disbursed: $ 235,808.73
Amount Retained: $ 11,323.07
Total: $ 247,131.80
(Disbursing Officer)
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504-
7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until
receipt of Department's certificate, and then only in accordance with said certificate.
FORM REV 31 0020 (12-92)
Notice of Completion
CITY OF RENTON COUNCIL AGENDA BILL
submitting Data:
Dept/Div/Board.. Fire & Emergency Services
Department/Emergency
Management
Staff Contact...... Deborah Needham, x 7027
Emergency Management Director
)ject:
Washington State Military Department and Department
of Homeland Security Emergency Management
Performance Grant (EMPG), Contract #E09-272
Issue Paper
2009 Emergency Management Performance Grant
Ordinance
`7
AI #:
August 10, 2009
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
X
X
Recommended Action: Approvals:
Legal Dept......... X
Council Concur. Finance Dept......
Other...... Risk Management X
Fiscal Impact:
Expenditure Required... $0.00 Transfer/Amendment....... $0.00
Amount Budgeted....... $0.00 Revenue Generated......... $109,696.00
Total Project Budget N/A City Share Total Project.
SUMMARY OF ACTION: The purpose of the Emergency Management Performance Grant (EMPG)
is to assist the development, maintenance and improvement of local emergency management programs.
The EMPG provides supplemental funding to support the key components of a comprehensive national
emergency management system for disasters and emergencies that may result from natural disasters or
accidental or man -caused events. Grant funds will be expended during FFY 2009, per requirements of
the EMPG.
Authorize the Mayor and City Clerk to sign the Washington State Military Department and the
Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract
#E09-272 in the amount of $109,696.00, and adopt the ordinance allowing appropriation of grant funds
in 2009.
FIRE & EMERGENCY SERVICES DEPARTMENT D city of Y ,
M E M O R A N D U M
DATE: August 10, 2009
TO: Randy Corman, Council President
Members of the City Council
VIA: �(Denis Law, Mayor
Gr
FROM: I. David Daniels, Fire Chief/Emergency Services Administrator
i
STAFF CONTACT: Deborah Needham, Emergency Management Director
SUBJECT: 2009 Emergency Management Performance Grant (EMPG)
ISSUE
The purpose of the Emergency Management Performance Grant (EMPG) is to assist in
the development, maintenance and improvement of local emergency management
programs.
RECOMMENDATION
Staff recommends that the City of Renton Council concur and authorize the Mayor and
City Clerk to sign and execute the Washington State Military Department and the
Department of Homeland Security Emergency Management Performance Grant (EMPG)
Contract #E09-272 and corresponding resolution. It is further recommended that the
City of Renton Council authorize the Mayor and City Clerk to sign the ordinance allowing
appropriation of grant funds in 2009.
BACKGROUND
The EMPG provides supplemental funding to support key components of a
comprehensive national emergency management system for disasters and emergencies
that may result from natural disasters, accidental or man -caused events. Although
EMPG funding is relatively stable the amount cannot be guaranteed. The City can
reasonably expect a minimum of $35,000, which was anticipated as revenue and
reflected in the 2009 budget. An additional $74,696 was ultimately granted, bringing the
total award for the year's EMPG to $109,696.
CONCLUSION
The City of Renton's Emergency Management capabilities would be greatly enhanced by
the approval of the Emergency Management Performance Grant (EMPG), corresponding
resolution as well as the related ordinance allowing appropriation of grant funds in
2009.
Washington State Military Department
CONTRACT FACE SHEET
1. Contractor Name and Address:
2. Contract Amount:
3. Contract Number
City of Renton
Emergency Management Division
$ 109,696
E09-272
1055 South Grady Way
Renton, WA 98057
4. Contractor's Contact Person, phone number:
5. Contract Start Date:
6. Contract End Date:
Deborah Needham (425) 430-7027
October 1, 2008
May 15, 2010
dneedham@rentonwa.gov
7. MD Program Manager/phone number:
8. State Business License #:
9. UBI # (state revenue):
Charma Anderson (253) 512-7064
NA
177-000-094
c.anderson@emd.wa.gov
10. Funding Authority:
Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS)
11. Funding Source Agreement #:
12. Program Index # & OBJ/SUB-OJ
13. CFDA # & Title:
14. TIN or SSN:
2009-EP-E9-0010
79313, 79314 NZ
97.042 EMPG
91-6001271
15. Service Districts:
16. Service Area by County(ies):
17. Women/Minority-Owned, State
(BY LEG DIST): 5,11,33,37,41,47
King County
Certified?: X N/A ❑ NO
(BY CONG DIST): 7, 8, 9
❑ YES, OMWBE #
18. Contract Classification:
19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't
X Contract ❑ Grant ❑ Agreement
❑ Collaborative Research ❑ A/E ❑ Other
❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Contractor Selection Process:
21. Contractor Type (check all that apply)
X "To all who apply & qualify" ❑ Competitive Bidding
❑ Private Organization/Individual ❑ For -Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
X Public Organization/Jurisdiction X Non -Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ONO
❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. BRIEF DESCRIPTION:
Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to locr'
jurisdictions and tribes that have emergency management programs to support and enhance their emergenc
management operating budget in an effort to enhance their emergency management program.
IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments
hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and
Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to
this contract.
In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by
giving precedence in the following order:
(a) Applicable Federal and State Statutes and Regulations
(b) Statement of Work
(c) Special Terms and Conditions
(d) General Terms and Conditions, and if attached,
(e) any other provisions of the contract incorporated by reference.
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.
WHEREAS, the parties hereto have executed this contract on the day and year last specified below.
FOR THE DEPARTMENT:
FOR THE CONTRACTOR:
Signature Date
Signature Date
James M. Mullen, Director
Denis Law, Mayor
Emergency Management Division
Washington State Military Department
For
APPROVED AS TO FORM:
City of Renton Emergency Management Division
Sara J. Finlay (signature on file) 9/12/2007
Attest:
Assistant Attorney General
Bonnie I. Walton, City Clerk
rorm lU/Z//UU Kao
DHS-EMPG-FFY 09 Page 1 of 21 City of Renton EMD
E09-272
SPECIAL TERMS AND CONDITIONS
ARTICLE 1-- COMPENSATION SCHEDULE:
This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries
and wages, benefits, printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence
reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts
and/or backup documentation for any approved budget line items including travel related expenses that are
authorized under this contract must be maintained by the Contractor and be made available upon request by
the Military Department.
Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to any single
budget category in excess of 10% or $100, whichever is greater, will not be reimbursed without the prior written
authorization of the Department. Budget categories are as specified or defined in the budget sheet of the
contract.
ARTICLE 11 -- REPORTS:
In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and
submit the following reports to the Department's Key Personnel:
Financial #/Copies Due Date
Invoices 1 Within 30 days after the end
of the period in which the
work was performed as specified in
Attachment A
Invoices must be submitted no more frequently than monthly and it is recommended that invoices be submitted
at least bi-annually.
Final Invoice 1 No later than 45 days
(shall not exceed overall contract amount) following the contract end date
All contract work must end on the contract end date, however the Contractor has up to 45 days after the
contract end date to submit all final billing.
Technical #/Copies
Bi-Annual Strategy Implementation Report Electronic
Performance Report Electronic
Final Report Electronic
NIMS Compliance Progress Reports Electronic
Due Date
January 15 & July 15
October 15, 2009
No later than 45 days following
the contract end date
September 30, 2009
All contract work must end on the contract end date, however the Contractor has up to 45 days after the
contract end date to submit all final reports, invoices and deliverables.
The Bi-Annual Strategy Implementation Report will be submitted via DHS's web -based grant reporting tool
located at https://www.reportin.g.odD.dhs.gov/.
The Performance Report and the Final Report will be submitted via the Military Department's web -based grant
management, e-GMS, tool located at https://fortress.wa.gov/mil/gms/qms/.
ARTICLE III -- KEY PERSONNEL:
The individuals listed below shall be considered key personnel. Any substitution must be made by written
notification to the Military Department.
CONTRACTOR:
MILITARY DEPARTMENT:
Name.;
Deborah Needham
Name ,
Charma,Andersrsrr'
`Title
Director
Tale
sIVIPG:`'rogam Martager
5-,Mail
dneedham@rentonwa.gov
iu ail, i
;c Anderson@ernd wa
?hOne,°.
(425) 430-7027
Phone
(�53)12zrOf4,.. ,
DHS-EMPG-FFY 09 Page 2 of 21 City of Renton EMD
E09-272
ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS:
The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; A-133,
Audits of States, Local Governments, and Non -Profit Organizations; and 44 CFR, FEMA's codified regulations.
ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS:
1. Funds are provided by the U.S. Department of Homeland Security (DHS) solely for the use of supporting
emergency management programs as provided by the Emergency Management Performance Grant
(EMPG). The Contractor shall use the funds to perform tasks as described in the Statement of Work and
Budget portions of the Contractor's request for funding, as approved by the Department. Funding may not
be used to replace or supplant existing local or tribal government funding of emergency management
programs.
2. The Contractor shall provide a match of $ 109,696 of non-federal origin. Said match may be in the form of
goods, services, and in -kind services.
3. The Contractor acknowledges that since this contract involves federal funding, the period of performance
described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees
that it will not hold the Department, the State of Washington, or the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this contract
prior to distribution of appropriated federal funds.
Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable
for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or
are not appropriated in a particular amount.
4. The Contractor agrees that in order to receive Federal Fiscal Year 2009 (FFY09) federal preparedness
funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements
for 2009 must be met. Applicants will be required to certify as part of their FFY09 EMPG applications that
they have met the FFY09 NIMS requirements.
The NIMS Integration Center (NIC) web page, http://www.fema.gov/emergency/nims/index.shtm, is
updated regularly with information about the NIMS. The website can also be used as a useful tool to
determine the extent to which your jurisdiction is already compliant, as well as identify the NIMS
requirements you have not yet met.
ARTICLE VI — EQUIPMENT MANAGEMENT:
All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and
maintained in the Contractor's equipment inventory system.
1. Upon successful completion of the terms of this contract, all equipment purchased through this contract
will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub -
grant agreement, or other means of legal transfer of ownership is in place.
2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation
and maintenance expenses and for the safe operation of their equipment including all questions of liability.
3. The Contractor shall maintain equipment records that include: a description of the property; the
manufacturer's serial number, model number, or other identification number; the source of the equipment,
including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition
date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use
and condition of the equipment at the date the information was reported; and disposition data including the
date of disposal and sale price of the property.
4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the
disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the
six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings
involving the records have been resolved.
DHS-EMPG-FFY 09 Page 3 of 21 City of Renton EMD
E09-272
5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property
records at least once every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the Contractor to determine the cause
of the difference. The Contractor shall, in connection with the inventory, verify the existence, current
utilization, and continued need for the equipment.
6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage,
and theft of the property. Any loss, damage or theft shall be investigated and a report generated.
7. The Contractor will develop adequate maintenance procedures to keep the property in good condition.
8. If the Contractor is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return.
9. When original or replacement equipment is no longer needed for the original project or program or for
other activities currently or previously supported by a Federal agency, disposition of the equipment will be
made as follows:
a. Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold
or otherwise disposed of by the Contractor with no further obligation to the awarding agency.
b. Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or
sold and the Contractor shall compensate the Federal -sponsoring agency for its share.
10. As sub -grantees of federal funds the Contractor must pass on equipment management requirements that
meet or exceed the requirements outlined above for all sub -contractors, consultants, and sub -grantees
who receive pass -through funding from this contract.
ARTICLE VII — SUBRECIPIENT MONITORING
The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment
purchased under this contract. The goal of the Department's monitoring activities will be to ensure that
agencies receiving federal pass -through funds are in compliance with federal and state audit requirements,
federal grant guidance, applicable federal and state financial guides, as well as OMB Circular A-133 and A-122
where applicable.
Monitoring activities may include:
• review of performance reports;
• monitoring and documenting the completion of contract deliverables;
• documentation of phone calls, meetings, a -mails and correspondence;
• review of reimbursement requests to insure allowability and consistency with contract budget;
• observation and documentation of contract related activities, such as exercises, training, funded events
and equipment demonstrations;
• on -site visits to review equipment records and inventories, verify source documentation for
reimbursement requests and performance reports and verify completion of deliverables.
As a sub -grantee of federal funds the Contractor is required to meet or exceed the monitoring activities, as
outlined above, for all sub -contractors, consultants, and sub -grantees who receive pass -through funding from
this contract.
ARTICLE VIII — ENVIRONMENTAL AND HISTORIC PRESERVATION
The contractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP)
Program. Information about these requirements can be found on pages 35-37 of the EMPG FFY09 Program
Guidance located at http://www.fema.gov/pdf/government/grant/empg/fy09 empg_guidance.pdf or on FEMA's
website at http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm.
DHS-EMPG-FFY 09 Page 4 of 21 City of Renton EMD
E09-272
Exhibit A
Subrecipient
Washington Military Department
GENERAL TERMS AND CONDITIONS
DEFINITIONS
As used throughout this contract, the following terms shall have the meaning set forth below:
a. "Department" shall mean the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials
lawfully representing that Department.
b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing
services under this contract, and shall include all employees of the Contractor. It shall include
any subcontractor retained by the prime Contractor as permitted under the terms of this
contract. "Contractor" shall be further defined as one or the other of the following and so
indicated on face sheet of the contract.
1) "Subrecipient' shall mean a contractor that operates a federal or state assistance
program for which it receives federal funds and which has the authority to determine
both the services rendered and disposition of program funds.
2) "Vendor' shall mean a contractor that agrees to provide the amount and kind of service
or activity requested by the Department and that agrees to provide goods or services to
be utilized by the Department.
C. "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.
d. "Recipient"— a nonfederal entity that expends federal awards received directly from a federal
awarding agency to carry out a federal program.
e. "Pass -Through Entity" means the Washington State Military Department as it is applied to this
contract. As found in SAAM 50.30.30 — "A nonfederal entity that provides a federal award to a
subrecipient to carry out a federal program."
f. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as
defined in federal Circular A-133).
g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of
implementing single audit requirements and coordinating audit follow-up for a particular grantee
by virtue of providing the majority of federal assistance. If funds are received from more than
one state agency, the cognizant state agency shall be the agency who contributes the largest
portion of federal financial assistance to the subrecipient unless the designation has been
reassigned to a different state agency by mutual agreement.
h. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in
the form of grants, loans, loan guarantees, property (including donated surplus property),
cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations
or other assistance. It does not include amounts received for provision of vendor services to
federal agencies or reimbursement for services rendered directly to individuals.
i. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants"
or "agreements".
j. "CFDA Number" — The five -digit number assigned to a federal assistance program in the
federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined
number, the number defined by instructions from the federal audit clearinghouse.
k. "CFR" — Code of Federal Regulations
I. "OMB" — Office of Management and Budget
M. "RCW" - Revised Code of Washington
n "WAC" - Washington Administrative Code.
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SUBRECIPIENT MONITORING
a. The Department, as a Recipient and/or Pass -Through Entity, receives federal financial
assistance under federal programs and is charged with maintaining compliance with federal and
state laws and regulations regarding the monitoring, documentation, and auditing of
subrecipient grant activities using federal financial assistance. Management and
implementation guidelines for the federal programs ensure compliance with statutes, grant
guidelines, the sub -award agreement, Office of Management and Budget (OMB) circulars
(including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal
Register. The Department shall adhere to its Subrecipient Monitoring Policy and the
Subrecipient Monitoring Procedures (WMD Policy number 00-025-05.)
b. The Contractor shall perform under the terms of the contract and the Department has
responsibility for reasonable and necessary monitoring of the Contractor's performance. The
Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined
as any planned, ongoing, or periodic activity that measures and ensures contractor compliance
with the terms, conditions, and requirements of a contract.
Monitoring involves prudent collection of information about Contractor operations and is not
limited to site visits or the completion of formal reviews. Monitoring may include periodic
contractor reporting to the Department, Department review of audit reports, invoice reviews,
onsite reviews and observations, and surveys. Adequate documentation is essential for
effective contract monitoring and will include copies of letters, meeting notes, and records of
phone conversations as evidence that conscientious monitoring has occurred during the period
of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely
on a once -a -year audit. The Contractor agrees to cooperate with all monitoring activities and to
comply with reporting requirements.
The Department as the Recipient and/or Pass -Through Entity will conduct on -site visits as
appropriate and required by contract for "for -profit" subrecipients, since the A-133 Single Audit
does not apply to "for -profit" organizations.
3. RECORDS, MONITORING AND AUDIT ACCESS
a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities
that are pertinent to this contract.
b. Access to public records -The Contractor acknowledges that the Department is subject to the
Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained
by the Department relating to the conduct of government or the performance of any
governmental or proprietary function are available for public inspection and copying, except as
exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific
information or records.
C. The Contractor shall maintain all books, records, documents, data and other evidence relating
to this contract and the provision of any materials, supplies, services and/or equipment under
this contract herein, including, but not limited to, records of accounting procedures and practices
that sufficiently and properly reflect all direct and indirect costs of any nature expended in the
performance of this contract. At no additional cost, these records, including materials generated
under the contract, shall be subject at all reasonable times to inspection, review and audit by
personnel duly authorized by the Department, the Washington State Auditor's Office, and
federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all
books, records, documents, and other materials relevant to this contract and make them
available for inspection, review or audit for six (6) years from the end date of this contract, date
of final payment or conclusion of services performed under this contractor, whichever is later. If
any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until final resolution of all litigation, claims, or audit findings involving the
records.
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d. Contractor shall provide right of access to its facilities and records to the Department and 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 contract.
4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program -specific audit conducted
in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Governments, and Non -Profit Organizations (revised June 27, 2003, effective for fiscal years ending
after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards
are exempt from federal audit requirements for that year, except as noted in Circular No. A-133.
Circular A-133 is available on the OMB Home Page at http://www.omb.c�oy and then select "Grants
Management" followed by "Circulars".
Contractors required to have an audit must ensure the audit is performed in accordance with Generally
Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised
Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The
Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an
audit. Costs of the audit may be an allowable grant expenditure.
The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Contractor must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Contractor all disallowed costs
resulting from the audit.
Once the single audit has been completed, the Contractor must send a full copy of the audit to the
Department and a letter stating there were no findings, or if there were findings, the letter should
provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9)
months after the end of the Contractor's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any
audit findings and a copy of the management letter if one was received.
The Contractor shall include the above audit requirements in any subcontracts.
5. RECAPTURE PROVISIONS
In the event that the Contractor fails to expend funds under this contract in accordance with applicable
state and federal laws and/or the provisions of this contract, the Department reserves the right to
recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other
remedies available at law or in equity.
Such right of recapture shall exist for a period not to exceed six (6) years following contract termination
or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture
provision shall occur within 30 days of demand. The Department is required to institute legal
proceedings to enforce the recapture provision.
6. COMPLIANCE WITH APPLICABLE LAW
The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government,
and local laws, regulations, and policies.
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This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52);
Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); Drug -
Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31
U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Department is not
responsible for advising the Contractor about, or determining the Contractor's compliance with,
applicable laws, regulations and policies.
In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any
applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in
whole or in part. The Contractor is responsible for any and all costs or liability arising from the
Contractor's failure to comply with applicable law, regulation or policy.
7. NONDISCRIMINATION
During the performance of this contract, the Contractor shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee
or applicant for employment because of race, color, sex, sexual orientation, religion, national
origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection
for training, including apprenticeships and volunteers. This requirement does not apply,
however, to a religious corporation, association, educational institution or society with respect to
the employment of individuals of a particular religion to perform work connected with the
carrying on by such corporation, association, educational institution or society of its activities.
b. Nondiscrimination laws and policies (such as RCW 49.60, Washington's Law Against
Discrimination, and Title VII of the Civil Rights Act).
8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101
et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the
ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of
employment, public accommodations, state and local government services, and telecommunication.
9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Contractor is encouraged to utilize firms that are certified by the Washington State Office of
Minority and Women's Business Enterprises as minority -owned and/or women -owned in carrying out
the purposes of this contract.
10. PUBLICITY
The Contractor agrees to submit to the Department all advertising and publicity relating to this contract
wherein the Department's name is mentioned or language used from which the connection of the
Department's name may, in the Department's judgment, be inferred or implied. The Contractor agrees
not to publish or use such advertising and publicity without the prior written consent of the Department.
11. DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Contractor's responsibilities with
respect to services provided under this contract is prohibited except by prior written consent of the
Department.
12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in this contract by any federal department or agency. If
requested by the Department, the Contractor shall complete and sign a Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the
Contractor for this Contract shall be incorporated into this Contract by reference.
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Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with
any party that is on the "General Service Administration List of Parties Excluded from Federal
Procurement or Non -procurement Programs" which can be found at www.epls.gov.
13. LIMITATION OF AUTHORITY -- "Authorized Signature"
The signatories to this contract represent that they have the authority to bind their respective
organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned
delegate by writing prior to action, shall have the express, implied, or apparent authority to alter,
amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration,
amendment, modification, or waiver of any clause or condition of this contract is not effective or binding
unless made in writing and signed by the Authorized Signature(s).
14. CONTRACTOR NOT EMPLOYEE — INDEPENDENT STATUS OF CONTRACTOR
The parties intend that an independent contractor relationship will be created by this contract. The
Contractor and/or employees or agents performing under this contract are not employees or agents of
the Department in any manner whatsoever, and will not be presented as nor claim to be officers or
employees of the Department or of the State of Washington by reason hereof, nor will the Contractor
and/or employees or agents performing under this contract make any claim, demand, or application to
or for any right, privilege or benefit applicable to an officer or employee of the Department or of the
State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment
insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit
which would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the Contractor is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right.
If the Contractor is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution. A statement of "no conflict of
interest" shall be submitted to the Department.
15. NONASSIGNABILITY
This contract, the work to be provided under this contract, and any claim arising thereunder, are not
assignable or delegable by either party in whole or in part, without the express prior written consent of
the other party, which consent shall not be unreasonably withheld.
16. SUBCONTRACTING
Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Department. Contractor
shall use a competitive process in award of any contracts with subcontractors that are entered into after
original contract award. All subcontracts entered into pursuant to this contract shall incorporate this
contract in full by reference. In no event shall the existence of the subcontract operate to release or
reduce the liability of the Contractor to the Department for any breach in the performance of the
Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for
work being completed under this contract.
17. CONTRACT MODIFICATIONS
The Department and the Contractor may, from time to time, request changes to the contract or grant.
Any such changes that are mutually agreed upon by the Department and the Contractor shall be
incorporated herein by written amendment to this contract. It is mutually agreed and understood that
no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto, and that any oral understanding or agreements not incorporated herein, unless
made in writing and signed by the parties hereto, shall not be binding.
18. SEVERABILITY
In the event any term or condition of this contract, any provision of any document incorporated by
reference, or application of this contract to any person or circumstances is held invalid, such invalidity
shall not affect other terms, conditions, or applications of this contract which can be given effect without
the invalid term, condition, or application. To this end, the terms and conditions of this contract are
declared severable.
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19. ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be
provided under this contract. Contractor shall not invoice the Department in advance of delivery of such
goods or services.
20. TAXES, FEES AND LICENSES
Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all
taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any
other kind for the Contractor or its staff required by statute or regulation that are necessary for contract
performance.
21. TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the contract specifically provides for different rates, any travel or subsistence reimbursement
allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and
RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the
Department copies of receipts for any travel related expenses other than meals and mileage (example:
parking lots that do not provide receipts) that are authorized under this contract.
22. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and performance
hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the
parties arising out of this contract shall be the Superior Court of Thurston County, Washington.
23. HOLD HARMLESS AND INDEMNIFICATION
Each party to this contract shall be responsible for injury to persons or damage to property resulting
from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party
assumes any responsibility to the other party for the consequences of any act or omission of any third
party.
24. WAIVER OF DEFAULT
Waiver of any default or breach shall not be deemed to be a waiver of any other or 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 signed by The Adjutant General or the Authorized Signature for the
Department and attached to the original contract.
25. DISPUTES
The parties shall make every effort to resolve disputes arising out of or relating to this contract through
discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under
this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually agreed upon by
both parties. The team shall attempt, by majority vote, to resolve the dispute.
Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial
tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute
resolution method in lieu of the procedure outlined above.
26. ATTORNEYS FEES
In the event of litigation or other action brought to enforce contract terms, or alternative dispute
resolution process, each party agrees to bear its own attorney's fees and costs.
27. LOSS OR REDUCTION OF FUNDING
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, the Department may reduce its
scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for
Cause", without providing the Contractor an opportunity to cure. Alternatively, the parties may
renegotiate the terms of this contract under "Contract Modifications" to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
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28. TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a
timely and proper manner its obligations under this contract, is in an unsound financial condition so as
to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor
unable to perform any aspect of the contract, or has violated any of the covenants, agreements or
stipulations of this contract, the Department has the right to immediately suspend or terminate this
contract in whole or in part.
The Department may notify the Contractor in writing of the need to take corrective action and provide a
period of time in which to cure. The Department is not required to allow the Contractor an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Contractor an opportunity to cure,
the Department shall notify the Contractor in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the contract may be
terminated in whole or in part.
The Department 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, pending corrective action by the Contractor, if allowed, or pending a decision by the
Department to terminate the contract in whole or in part.
In the event of termination, the Contractor shall be liable for all 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
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform
was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a
"Termination for Convenience".
29. TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing
written notice of such termination to the Department's Key Personnel identified in the contract,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this contract, the Department, in its sole discretion and in the best
interests of the State of Washington, may terminate this contract in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of
funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
30. TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this contract, the Contractor
shall follow any procedures specified in the termination notice. Upon termination of this contract and in
addition to any other rights provided in this contract, the Department may require the Contractor to
deliver to the Department any property specifically produced or acquired for the performance of such
part of this contract as has been terminated.
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If the termination is for convenience, the Department shall pay to the Contractor the agreed upon price,
if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of contract termination, and the
amount agreed upon by the Contractor and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection
and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of
this contract. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Contractor for termination. The
Department may withhold from any amounts due the Contractor such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this contract shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
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, supplies, equipment and/or
facilities in relation to this contract except as may be necessary for completion of such portion of
the work under the contract as is not terminated;
Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Contractor under the orders and,
subcontracts so terminated, in which case the Department 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 Department to the extent the Department
may require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent
directed by the Department any property which, if the contract had been completed, would have
been required to be furnished to the Department;
Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection
and preservation of the property related to this contract which is in the possession of the
Contractor and in which the Department has or may acquire an interest.
AAG Approved 9/12/2007
DHS-EMPG-FFY 09 Page 12 of 21 City of Renton EMD
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Exhibit B
Statement of Work
FFY 2009 Emergency Management Performance Grant Program
INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG). A portion of
this grant has been identified by the state to be passed through to local jurisdictions and tribes that have
emergency management programs to supplement their local/tribal operating budget. Each jurisdiction or tribe
that applies and meets the qualifications specified in WAC 118-09 regarding emergency management
assistance funds is awarded a grant based on the size of their agency's emergency management operating
budget. Funds are used by local jurisdictions and tribes to enhance their emergency management capability.
The Statement of Work outlines the activities and deliverables the Contractor has identified to be performed for
FFY09 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the grant
deliverables during the contract performance period. The Budget Sheet outlines the Contractor's emergency
management operating budget (excluding federal funds) that is dedicated to emergency management activities.
GENERAL PROGRAM REQUIREMENTS:
1. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), via the web -based grant
reporting tool (https://www.reporting.odp.dhs.gov). Failure to meet all of the reporting deadlines
outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed
while reports are outstanding.
2. Report progress on deliverables and advise the Military Department, in writing, of necessary
adjustments to the content of the contract. Performance reports will be submitted using the on-line
electronic Grant Management System (e-GMS) located at https://fortress.wa.gov/mil/gms/gms/.
3. Adhere to all financial and procurement guidance, including competitive processes and other
procurement requirements, to include: Office of Management and Budget (OMB) Circulars, A-87 (Cost
Principles for State, local and Indian Tribal Governments) and A-133 (Audits of States, Local
Governments, and Non -Profit Organizations) and Federal Emergency Management Agency's codified
regulations, 44 CFR. Local and state procurement and contracting regulations take precedent over
these requirements when local and state regulations are more stringent.
• Adhere to DHS requirements that all sole source contracts over $100,000 be reviewed and
approved by the Department prior to execution of a contract. This requirement must be passed on
to all of the Contractor's sub -contractors, at which point the Contractor will be responsible for
reviewing and approving their sub -contractors' sole source justifications.
• Adhere to DHS requirements that all contracts with individual consultants, that are not competitively
bid, and where the consultant will be charging an excess of $450 per day (excluding travel and
subsistence) must be approved by the Department before the contract is executed. This
requirement must be passed on to all of the Contractor's sub -contractors, at which point the
Contractor will be responsible for reviewing and approving their sub -contractors' contract.
4. Plan and implement equipment purchases, exercises, training, planning and management/
administration in accordance with the FFY09 Emergency Management Performance Grant Program
Guidance, which can be found at
http://www.fema.gov/pdf/government/grant/empg/fy09 empgguidance.0 , as well as all subsequent
policy changes.
5. Ensure that all sub -contractors are in compliance with the FFY09 Emergency Management
Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of
activities.
6. If purchasing equipment using EMPG funds, the Contractor must meet the following requirements:
a. Be in compliance with the DHS Authorized Equipment List (AEL), as detailed at:
http://wwwl.rkb.mii)t.org/.
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b. Submit all proposed equipment purchases to the Committee on Homeland Security, sub-
committee on equipment to ensure that the requested equipment is on the AEL, is aligned with
the statewide equipment purchasing strategy, and submit to DHS if necessary. No
reimbursement for purchased equipment will occur until the appropriate approvals have been
obtained.
C. Determine whether or not it is in the best interest of the Contractor to make purchases using its
own procurement process or ask the Department to make purchases on its behalf.
d. Make a request to the Department in writing that authorizes the Department to de -obligate
funding from the Contractor's contract and use the state's procurement process and contracts to
purchase equipment on behalf of the Contractor. This will necessitate an amendment to the
contract reducing the Contractor's award by an amount sufficient for the Department to make
the purchase(s). The Department will pay the vendor directly and all items will be drop shipped
to a location designated by the Contractor.
7. Exercises that are implemented with grant funds must meet the requirements of the FFY09 Emergency
Management Performance Grant. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department within 60 days of completion of
the exercise. Final reimbursement for related expenditures can not be made until this requirement has
been met.
8. A mechanism must be in place to capture, track and document time for staff in other agencies working
on emergency management related activities.
9. No more than 3% of the total grant award may be used on Management and Administrative
expenditures.
10. Submit at maximum monthly requests for reimbursement to the Department for costs incurred using the
online a-GMS located at https://fortress.wa.gov/mil/qms/gms/.
11. No costs will be paid in advance of their being incurred by the Contractor.
12. No equipment or supply costs will be reimbursed until the items have been received by the Contractor
and invoiced by the vendor.
13. No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed
federal maximum rates which can be found at http://www.gsa.gov.
14. Expend a minimum 15% of contract award on planning activities.
CONTRACTOR TASKS:
1. Perform activities described in the attached Scope of Work (Attachment A).
2. Manage and administer the FFY09 Emergency Management Performance Grant Program.
3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks.
4. Complete all work under the contract by the contract end date, to include receipt of approved
equipment items and supplies.
5. Each request for reimbursement will be accompanied by a reimbursement spreadsheet and a match
documentation spreadsheet detailing the expenditures to be reimbursed as well as the expenses to be
considered the match for those funds. Related financial documents and invoices must be kept on file
by the Contractor and be made available upon request to the Department, and local, state, or federal
auditors.
6. Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and
packing slip or a statement signed and dated by the Contractor's authorized representative that "all
items invoiced have been received, are operational, and have been inventoried according to contract
and local procurement requirements."
THE MILITARY DEPARTMENT AGREES TO:
1. Provide technical assistance, expertise, and state coordination with DHS where necessary.
2. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement and all
documentation of expenditures as required.
DHS-EMPG-FFY 09 Page 14 of 21 City of Renton EMD
E09-272
MILESTONE TIMELINE
FFY09 Emergency Management Performance Grant Program
MILESTONE
TASK
October 1, 2008
Start of contract performance period
May 2009
Contract Execution
September 30, 2009
Submit NIMS compliance report
October 15, 2009
Submission of Performance Report to a-GMS
January 15, 2010
Submission of Bi-annual Strategy Implementation Report (BSIR)
to GRT for FFY09 EMPG
May 15, 2010
End of grant performance period
No later than June 30, 2010
Submit all final reports, requests for reimbursement and/or
deliverables
July 15, 2010
Submission of final Bi-annual Strategy Implementation Report
(BSIR) to GRT for FFY09 EMPG
DHS-EMPG-FFY 09 Page 15 of 21 City of Renton EMD
E09-272
Exhibit C
Budget Sheet
FFY09 Emergency Management Performance Grant Program
LOCAL/TRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY
Contract expenditures shall be documented according to the following categories when appropriate:
Category
2009 Local
Funds Budget*
Salaries and Benefits
$453,231
In -Direct Costs
$0
Travel
$3,000
Equipment
$19,500
Supplies
$6,500
Telephones
$40,132
Printing
$500
Janitorial/Maintenance
$0
Auto Lease
$13,514
Space Rental
$0
Insurance
$0
Subcontractor
$2,000
Other
$2,000
Total All Program Costs
$540,377
FFY 09 EMPG Award- I $16,454
Planning
FFY 09 EMPG Award- $93,242
Other
The City of Renton Emergency Management Division award is $ 109,696. This is based on the FFY09
allocation factor of 20.3% of approved local/tribal emergency management operating budgets. This award will
not be used to supplant the existing local/tribal funds identified above. The Department's Reimbursement
Spreadsheet will accompany each reimbursement request submitted in a-GMS. In addition, the Contractor
agrees to make all records available to Military Department staff, upon request. A total of 3% of this award
can be used to pay for management and administration of this contract.
* No federal funds are included in the local emergency management operating budget.
Funding Source: U.S. Department of Homeland Security - PI# 79313, 79314 — EMPG
DHS-EMPG-FFY 09 Page 16 of 21 City of Renton EMD
E09-272
Attachment A
Scope of Work
FFY09 Emergency Management Performance Grant Program
Communications and Warninq
Activities and deliverables within the communications and warning functional area require the ability to communicate in a
disaster and effectively warn the public. This is the primary area where standards of communications interoperability and
redundancy are addressed.
�,. Re aired Ac11vfics, . °' `
ns Wleliverfibte„ ..
;F'erfotrnae Measures
_,
Deadline
1. Participatex
in all scheduled National Warning
a. Ensure jurisdiction is
Jurisdiction will be better
Ongoing
System (NAWAS) tests and exercises, whether a
incorporated into the
prepared to activate
Primary NAWAS Warning Point, a Secondary
fan out.
NAWAS in an emergency.
Warning Point, or a Tertiary Warning Point. This is
Success will be measured
the on -going test of the statewide warning fan -out
b. Participate in
through the number of
as outlined in the State CEMP and warning annex.
scheduled tests.
successful NAWAS tests
All emergency management jurisdictions must be
completed.
a part of this fan -out.
2. Work with EMD to ensure Comprehensive
Communicate regularly
Jurisdiction will be better
Ongoing
Emergency Management Network (CEMNET)
with EMD to retain
prepared to use CEMNET in
capability is maintained and participate in
CEMNET capability
an emergency. Success will
scheduled testing between the local Emergency
and participate in
be measured by the number
Operations Center (EOC) or similar facility and the
testing as scheduled.
of scheduled tests the
state EOC.
'urisdiction participates in.
3. Develop and/or update local plans and
Update local plans and
Jurisdiction will be better
Ongoing
equipment for use of amateur radio (HAM bands)
equipment as
prepared to utilize RACES
through the Radio Amateur Civil Emergency
necessary.
volunteers, particularly if
Service (RACES) program and as per the state
other communication
RACES plan.
capabilities are inoperable,
in an emergency.
4. Where possible, work with the Local Area
Develop/update an
Updated plans will result in
Ongoing
Emergency Alert System (EAS) Committee
EAS Plan as needed.
an improved capability to
(LAECC) to complete an EAS plan and the Local
utilize the EAS in an
Relay Network (LRN) per existing guidance from
emergency.
the FCC, FEMA, and the State Emergency
Communications Committee with assistance from
the State EMD Telecommunications staff.
5. Participate in all scheduled EAS tests
Participate as
Jurisdiction will be better
Ongoing
commensurate with your EAS plan and
scheduled.
prepared to activate EAS in
operational status of your LRN.
an emergency. Success will
be measured by the number
of scheduled tests the
urisdiction participates in.
6. Notify the state EOC immediately upon
Submit a daily Situation
Coordination between the
As
activation of your local EOC. Provide periodic (at
Report (SITREP) to the
state and the local EOC will
required
least once per day) Situation Reports (SITREPs)
state EOC during
improve response
due to an
activation.
capabilities in an event.
activation.
, 1Qdditioiial Actives . . ,,.,
.- Del V, 4ble ,,,;;. ,
, ;Per�or r ance Measures
,Deadline,..;
Implement a community notification system.
Community notification
Test of community
10/31/2009
system implemented.
notification system
successfully completed.
Crisis Communication, Public Education and Information
Activities and deliverables within the crisis communication, public education and information functional area should
address procedures for disseminating information to the public pre-, during, and post -disaster.
DHS-EMPG-FFY 09 Page 17 of 21 City of Renton EMD
E09-272
©eliverabl , . ., k ..0 ., .':.Peitrrr�aice
Measures .
,Deadline; ,
1. Conduct a public disaster
a. Preparedness presentations and
Citizens of Washington will
12/31/2009
education program for the
distribution of preparedness materials
be better able to care for
inhabitants of your community.
to schools, civic groups, business
themselves, family
organizations, nursing care facilities,
members, neighbors, etc.
child care facilities, governmental
and will improve their ability
agencies, hospitals, the general
to stay safe during an
public, etc.
emergency. Success can
and/or
be measured through the
number of presentations
b. Participate in the State's Disaster
provided or participation in
Preparedness Campaign.
the Washington State
campaign.
Actclit��iriel Agbvrt
_..eif4 fiartee Measures
Provide informational/training
4 training sessions provided.
Vulnerable individuals and
8/28/2009
sessions to vulnerable
their caregivers will be
populations or their care
better prepared for
providers.
disasters.
Direction, Control and Warning
Activities and deliverables within the direction, control, and warning functional area should address the ability to analyze a
situation, make decisions for response, direct and coordinate response forces and resources, and coordinate with other
jurisdictions. This requires use of a recognized National Incident Management System (NIMS) and compliance with NIMS
requirements to remain eligible for all future preparedness funding.
.��. ,..
le3
Deliverab:,.. _�. ��,,.�...
:t�su'res;:
Dea'dNiie
1. Be fully compliant with all
Report NIMS compliance progress
Emergency responders will
Ongoing
Federal and State National
through the state online NIMS
have a uniform set of
Incident Management System
reporting tool.
processes and procedures thus
(NIMS) compliance requirements.
improving all -hazard incident
Guidance for compliancy and
response capabilities.
reporting requirements will be
provided by Toney Raines, State
NIMS Coordinator. Please contact
Toney at
nimscoordinator@emd.wa.gov if
you have questions.
NIMS Compliance Self Certification: YES
Note: Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding.
Exercises. Evaluations and Corrective Actions
Activities and deliverables within the exercise, evaluation, and corrective actions functional area calls for regularly
scheduled exercises, evaluations and corrective actions, including a process for addressing corrective actions.
°" R "emu„icdActluitieas
m,�,�-�f,M .DeUuera[e�....;
}?erformance�Meases _[5eadline:
1. Each jurisdiction receiving
Submit an After Action Report (AAR)
Through the exercise process a
60 days
EMPG funds must participate in
and Improvement Plan (IP) to the
jurisdiction can determine areas
the design, conduct and
State Exercise Training Officer (ETO)
of strength and weakness in
evaluation of at least one exercise
within 60 days of the completion of
response capabilities.
during the performance period:
the exercise.
full-scale, functional or tabletop.
Development of an AAR and IP
The exercise should fit into the
allows for the documentation,
jurisdiction's multi -year exercise
The standard format for the AAR and
monitoring and follow-up on
plan and be consistent with the
IP can be found in Volume III of the
those issues. Upon submission
Homeland Security Exercise and
HSEEP manuals at
and approval of the AAR, the
Evaluation Program (HSEEP).
httj)s://hseep.dhs.gov/support/Volume
ETO will issue a letter of EMPG
Ill.pdf
credit to the jurisdiction.
DHS-EMPG-FFY 09 Page 18 of 21 City of Renton EMD
E09-272
At least one full-scale and one
functional exercise must be
completed within a five-year
period. These exercises are to be
multi -agency and multi -functional
in design and conduct.
The exercise may be
accomplished alone or in
conjunction with FEMA, EMD,
other public or private entities, or
with neighboring urisdictions.
2. In the event a jurisdiction
Submit an After Action Report (AAR)
Development of an AAR and IP
60 days
experiences an actual
and Improvement Plan (IP) to the
allows for documentation and
event/activation that adequately
State Exercise Training Officer (ETO)
follow-up on issues identified
tests overall emergency
within 60 days of the end of the
during an activation. Upon
management capabilities,
activation. The standard format for the
submission and approval of the
exercise credit may be requested
AAR and IP can be found in Volume
AAR, the ETO will issue a letter
within 60 days.
III HSEEP manuals at
of EMPG credit to the
https://hseep.dhs.gov/support/Volume
jurisdiction.
Ill.pdf
Five Year Exercise Schedule:
2009: Tabletop Exercise
2010: Functional Exercise
2011: Full -Scale Exercise
2012: Tabletop Exercise
2013: Functional Exercise
Mutual Aid
Activities and deliverables within the mutual aid functional area should address the development and maintenance of
mutual aid agreements.
R:. u�redAct�v�t�es , s.
r 0.QiVerabI , .. =..
P�rf�rr {ante f<leasuresa ,. '
" � e�cllirie ?
1. Review mutual aid agreements,
Update mutual aid agreements as
Up-to-date mutual aid
12/31/20
following the guidance set forth in
deemed necessary by the jurisdiction.
agreements enable expedited
09
the state Emergency
partnership and support
Management Division's Mutual
among jurisdictions during an
Aid and Inter -local Agreement
actual emergency.
Handbook.
Planninq
Activities and deliverables within the planning functional area should address the development and general content of the
program's emergency operations plan, strategic plan, mitigation plan, recovery plan, evacuation plan, continuity of
operations/continuity of government plan, etc.
... ,, R ttit`c Actiuit�esh
DeliverableMrl?erforinance
Measures`:
D`eadl►ne",
1. Review the Comprehensive
a. Any jurisdiction that has not
CEMP will address all
1213012008
Emergency Management Plan
submitted an updated CEMP to the
hazards identified in the
(CEMP) and supporting
state Emergency Management Division
jurisdiction's Hazard
Emergency Support Functions
within the past four years must do so
Identification and
(ESFs). The CEMP should be
during this program year.
Vulnerability Analysis and
compliant with both the National
infrastructure and improve
Response Framework and the
b. First time applicants must complete a
the jurisdiction's ability to
National Incident Management
draft of their Basic Plan portion of the
prepare for, respond to and
System (NIMS). Requirements for
CEMP within the program year.
recover from an
plan development and submission
emergency.
are provided in RCW 38.52.070,
WAC 118.09 and WAC 118.30.
DHS-EMPG-FFY 09 Page 19 of 21 City of Renton EMD
E09-272
s Addit�ion�al^Act�vites �
��� � � y I���liver�a�b►e s y���
� x P�rforrriance Measures: �
,�Deadlir�e�-
Incorporate State's CEMP
Renton CEMP revised
CEMP updated
12/31/2009
recommendations into Renton
CEMP, and revise and/or expand
the Evacuation Annex, ESF 15,
and ESF 2.
Finance and Administration
Activities and deliverables within the finance and administration functional area require a financial management
framework that complies with applicable government requirements and that allows for expeditious request for, and receipt
and distribution of funds.
. ; . `Ieutred Acttv�ties`
"''" gx Dellverable�`;F?erfoikmance
µ n...
a .,.. A. Measures'yDeadllne
.
1. Submit reimbursement
a. Submit requests for reimbursement
EMPG funds enhance
As needed
requests online, ensuring that
online using a-GMS. A Reimbursement
local/tribal emergency
with final
expenditures comply with FEMA's
Spreadsheet showing how EMPG funds
management programs
invoice due
EMPG FFY09 Program Guidance,
were spent must accompany all requests
and are spent in
45 days
all applicable Office of
for reimbursement. Expenditures listed
accordance with all
after the
Management and Budget (OMB)
on the Reimbursement Spreadsheet
applicable laws and
end of the
Circulars (A-87, A-102, A-133) as
cannot be items listed in the 2009
guidelines.
contract
well as FEMA's Administrative
Local Funds Budget portion of the
Requirements in the Code of
Emergency Management Operating
Federal Regulations (CFR) 44.
Budget in this application.
OMB Circulars can be found at:
b. Verify in performance reports that the
www.whitehouse.gov/OMB/circula
agency has reviewed and agrees to all
relevant State and Federal requirements.
rs
CFR 44 can be found at:
httip://www.access.qpo.gov/nara/c
fr/waisidx 07/44cfrvl 07.html
The Uniform Administrative
Requirements related to Grants
can be found in Part 13.
Program Management
Activities and deliverables within the program management functional area should address program structure and
organization so that an agency is capable of coordinating emergency preparedness, mitigation, response and recovery
activities across multiple agencies and organizations.
R aired `ActE ft es �
Detiverabfe.` � ',' . -
„ l?e Uffighce,5eadll
e
1. Progress reports and BSIRs
a. Progress reports must be submitted
Demonstration of the
a. October
are required twice during the
online in a-GMS. Reports must clearly
impact EMPG funding
15, 2009
contract period. Failure to submit
describe the progress the recipient is
has on emergency
and June
either type of report may result in
making towards the deliverables described
management capabilities
30, 2010
cancellation of the contract.
in this Scope of Work.
will be documented in
progress reports.
b. January
The final report should highlight the impact
15, 2010
EMPG funding has had on the jurisdiction's
and July
capabilities.
15, 2010.
b. The Bi-annual Strategy Implementation
Report (BSIR) must be submitted through
the Department of Homeland Security on-
line Grant Reporting Tool every July and
January.
DHS-EMPG-FFY 09 Page 20 of 21 City of Renton EMD
E09-272
Hazard Identification, Risk Assessment and Impact Analysis
Activities and deliverables within the hazard identification, risk assessment, and impact analysis functional area should
address a comprehensive assessment and identification of risks, including potential natural and human -caused events,
and the potential impact of those hazards. These identification and analysis activities, including current efforts to better
identify risks to critical infrastructures, should then feed into the planning process.
,Deliverable
z£Perforrnance.Measures , _
Deadline
Revise City HIVA to include
HIVA revised.
Revised HIVA will provide a
9/1/2009
elevated risk of flooding due to
better understanding of flood
dam problem on the Green River.
risks in the Green River
flood plain.
Hazard Mitigation
Activities and deliverables within the hazard mitigation functional area require that the program create and implement a
strategy to lessen the impacts of disasters. The strategy must take into account results of hazard identification and risk
assessments, analysis of impacts of each hazard, and experiences in the jurisdiction, and must prioritize mitigation
projects based on loss reduction.
Delie.,f�able=_ n �
�� .Performance Measures ;:z
`peadlirle.'.
Update the Hazard Mitigation
Plan updated.
Updated plan will provide better
9/1/2009
Plan.
guidance for city mitigation
ro'ects.
Complete a seismic assessment
Prioritized list of non-structural
As money becomes available,
12/31/2009
of all City facilities to identify non-
seismic mitigation projects.
mitigation projects can be
structural mitigation projects.
implemented more quickly.
Logistics and Facilities
Activities and deliverables within the logistics and facilities functional area should address facilities and a logistical
framework capable of supporting response and recovery operations. This includes the requirement for emergency
operations primary and alternate facilities that are established, equipped, periodically tested, and maintained.
-,,;. /1dtivities ., f
<�` . s. _ .Deliverable; ,.,
Perfclrrriance Measures.-;..., ;.
Deadline
Establish a new backup EOC
EOC backup location identified and
Alternate EOC location is
3/1/2010
location.
outfitted with necessary supplies and
relocated out of the Green River
informational references necessary
flood plain providing more
to function as a backup EOC.
reliable backup for the primary
EOC location.
Operations and Procedures
Activities and deliverables within the operations and procedures functional area should address standard operating
procedures, checklists, and other instructions to execute the emergency operations plan and other plans. Procedures
should relate to hazards previously identified by the jurisdiction.
.. :,. cfiities_ ..,.,
v�r
.... ,;., Deliverable,= .......:,,.,, ,
�. Performance.Meaures '......
.;DeadlmE`:
Review and revise EOC position
Checklists revised.
EOC staff will be better able to
3/1/2010
checklists.
follow written guidance in
carrying out their position duties.
Training
Activities and deliverables within the training functional area require that the program maintain a documented training
program for emergency management/response personnel and public officials, including that emergency personnel receive
training on the incident management system of the jurisdiction.
erforrilanca,Mea"sores,.
„Deadlihe =?
Provide Emergency Management
At least eight city staff attend at least
Emergency Management
12/31/2009
training for City personnel with
one Emergency Management
knowledge and skills increased
Emergency Management
Conference or special training
for individuals responsible for
responsibilities.
related to EM.
Emergency Management
activities.
DHS-EMPG-FFY 09 Page 21 of 21 City of Renton EMD
E09-272
n
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE
FISCAL YEAR 2009 BUDGET BY INCREASING FUND 000 BY $74,696 FOR THE
PURPOSE OF SUPPLEMENTAL FUNDING TO SUPPORT THE CITY'S EMERGENCY
MANAGEMENT PROGRAM.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Appropriation in the General Governmental Fund is hereby increased as
follows:
Fund
2009 Original
Budget
Budget
Increase
2009 Adjusted
Budget
REVENUES
Revenue — 000 General Fund
000.000000.000.33 30.0083.50.000006
$35,000
$74,696
$109,696.00
TOTALS
$74,696
SECTION II. Funds for this line item are hereby added to the 2009 Budget.
SECTION 111. This ordinance shall become effective immediately upon its passage,
approval and five (5) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of 12009.
Denis Law, Mayor
1
ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1575:7/27/09:scr
CITY OF RENTON COUNCIL AGENDA BILL -7 /
Al #: / - 6f
Submitting Data: Public Works Department For Agenda of:
Dept/Div/Board.. Transportation Systems Division August 10, 2009
Staff Contact...... James Wilhoit, Project Manager, Agenda Status
extension 7319 Consent ...............
Subject: Public Hearing......
CAG-09-075 Supplemental Agreement #1 with Correspondence....
WHPacific for Stage II Lake Washington Trail South Ordinance............
Lake Connector Project
Resolution...........
Old Business........
New Business.......
Exhibits:
Issue Paper
Study Sessions......
Consultant Agreement
Information..........
GI_
X
Recommended Action: Approvals:
Council Concur Legal Dept......... X
Finance Dept......
Fiscal Impact (Fund #317 - Project #T12707)
Expenditure Required... $ 64,433 Transfer/Amendment.......
Amount Budgeted........ $1,165,795 Revenue Generated
Amount Needed.......... $ 64,433 City Share Total Project... $135,000
SUMMARY OF ACTION:
The attached Supplemental Agreement #1 adds $64,433 to an existing contract (CAG-09-075) for final
design and preparation of plans and specifications for a trail along the west side of Logan Avenue
North from North 61h Street to the Cedar River Trail.
This brings the maximum amount payable under the contract to $136,893. To date the City has spent
$21,468 to determine the preferred alternate that was unanimously selected by internal stakeholders
from the Public Works, Community Services, and the Community and Economic Development
Departments. Outside stakeholders included The Boeing Company, Renton School District and the
North Renton Neighborhood.
The contract completion will also be extended to December 31, 2010.
The City has budgeted $1,165,795 in FY 2009 and FY 2010. The main revenue source for this project
is a federal grant of $1,030,795, with the remaining $135,000 coming from Fund 317.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign Supplemental Agreement #1 with WHPacific, Inc. for
final design and preparation of plans and specifications for a trail along the west side of Logan Avenue
worth from North 6`h Street to the Cedar River Trail.
}I:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2009\WHPacific Agenda Bill Sup #l.doc
PUBLIC WORKS DEPARTMENT D Cltyof"O Y'(6
M E M O R A N D U M
DATE: August 10, 2009
TO: Randy Corman, Council President
Members of Renton City Council
VIA: Denis Law, Mayor
FROM: 4 Gregg ZimmermaffAkinistrator
STAFF CONTACT: James Wilhoit, Transportation Design Project Manager,
extension 7319
SUBJECT: CAG-09-075 Supplemental Agreement #1 with WHPacific for
Stage II Lake Washington Trail South Lake Connector Project
ISSUE:
Should Council authorize the Mayor and City Clerk to sign Supplemental Agreement #1
between WHPacific and the City for final design and preparation of plans and
specifications for a trail along the west side of Logan Avenue North from North 61h Street
to the Cedar River Trail?
RECOMMENDATION:
Authorize the Mayor and City Clerk to sign Supplemental Agreement #1 with WHPacific,
Inc. for final design and preparation of plans and specifications for a trail along the west
side of Logan Avenue North from North 6th Street to the Cedar River Trail.
BACKGROUND:
For a number of years the City has been planning to construct the Lake Washington Trail
South Lake Connector, also known as Sam Chastain Trail, linking the Cedar River Trail
and the Lake Washington_ Loop Trail. In July 2007, it became apparent that the trail
could not be constructed with a connection across the north edge of the Boeing plant
property. The City reviewed its options and decided that constructing bicycle lanes on
Logan Avenue North would achieve a significant benefit in the regional trail system. The
City has since finished Stage I by constructing a southbound bicycle lane to North 6th
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
August 10, 2009
Street and Logan Avenue North. Stage II will complete the connection to the Cedar
River Trail.
In April of this year a stakeholder group was formed and evaluated the following four
alternatives to make the final connection to the Cedar River Trail: 1.) a 5-foot bike lane
each direction; 2.) a 10 to 12-foot multi -use path; 3.) re -striping Logan Ave North to
accommodate the bike lanes; and 4.) using North 6th Street as an option.
A 12-foot multi -use path was the unanimous choice as the preferred option. The
stakeholders included staff from Public Works, Community Services, and the Community
and Economic Development Departments. Other stakeholders included The Boeing
Company, Renton School District and the North Renton Neighborhood.
SUMMARY OF ACTION:
The attached Supplemental Agreement #1 adds $64,433 to the existing contract (CAG-
09-075) for final design and preparation of plans and specifications for the trail along
the west side of Logan Avenue North from North 6th Street to the Cedar River Trail. This
brings the maximum amount payable under the contract to $136,893. To date the City
has spent $21,468 to determine the preferred alternate.
The contract completion date will also be extended to December 31, 2010.
The City has budgeted $1,165,795 in FY 2009 and FY 2010. The main revenue source for
this project is a federal grant of $1,030,795, with the remaining $135,000 coming from
Fund 317.
cc: Peter Hahn, Deputy PW Administrator —Transportation
Leslie Betlach, Parks Director
Jim Seitz, Planning and Programming Supervisor
Juliana Fries, Program Development Coordinator
Connie Brundage, Transportation Administrative Secretary
File
h:\division.s\transpor.tat\admin\agenda 2009\whpacific agenda bill sup #1 issue paper.doc
v70Washington Mate
Department of Transportation
Supplemental Agreement
OrWEPacific and Address
anization
Number 1
12100 NE 195th Street
Suite 300
Original Agreement Number
Bothell, WA 98011
1
Phone:
Project Number
Execution Date
Completion Date
STPE 1070(006
12/31/2010
Project Title
New Maximum Amount Payable
Stage 2 Lake WA Trail (South Connector)
$ 136,893.00
Description of Work
Provide engineering design services for preparation of PS&E.
The Local Agency of City of Renton
desires to supplement the agreement entered into with WHPacific
and executed on
4/16/2009
and identified as Agreement No.
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
add-, preparation of PS&F, see aftached exhihit A-1
I I
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: revised to 12/31/2010
111
Section V, PAYMENT, shall be amended as follows:
Add-, 64,433 to contrae* See attached exhihit D-2
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
T)'qvid williarns,
Consultant Signature
Approving Authority Signature
DOT Form 140-063 EF Date
Revised 912005
Exhibit A-1
Scope of Work
Supplement #1
City of Renton/WHPacific
Stage 2 Lake Washington Trail (South Connector) Project
The work to be accomplished under this Supplemental Agreement will be for WHPacific (CONSULTANT) to
provide engineering design services to the City of Renton (CITY) to prepare plans, specifications, estimate, final
environmental documentation, and construction services.
The planned improvements are to construct a 12 foot wide paved path on the west side of Logan Ave N from N 61h
Street to the Cedar River Trail. Logan Ave will be rechannelized to accommodate the new shared path. The
existing curb will be removed and new curb and gutter will be installed with a 5 foot landscape planter added
between the new curb and gutter and the new shared path.
1..0 Project Management and Administration
The CONSULTANT will provide contract management and administration services for this supplement, to
include: developing and maintaining project scope and budget, liaison with CITY staff, and preparing monthly
narrative progress reports and invoices.
No new meetings are planned.
The CONSULTANT will complete a quality control check prior to submitting work for the CITY's review. A
quality control check will be used to confirm that the design work follows CITY and LAG Manual standards and
that the work is professional quality meeting industry standards. The quality control check will include review of
engineering, drafting and clerical errors or omissions.
2.0 Environmental Review
The CITY will be responsible for all environmental documentation to include:
Washington State Department of Transportation Local Programs Environmental Classification Summary;
Effect Determination, Essential Fish Habitat Evaluation; State Environmental Policy Act Checklist; and
Section 106 Cultural and Historic Resources.
3.0 Final Design (60%, 90%, 100%)
Construction Plans
The CONSULTANT will prepare detailed construction plans of the proposed improvements, including:
Plans will be prepared with such provision and in such detail to permit convenient layout in the field for
construction. The plans will be prepared using AutoCAD 2008 supported by Land Development Desktop
Rel. 2i software.
Plans will include plans and profiles, typical sections, and special details other than standard details
available from the CITY, WSDOT, and the APWA Standard Drawings.
• The scale for the plan and profiles will be one inch equals twenty feet (1"=20') horizontally, and one inch
equals five feet (1 "=5') vertically.
Page I
The complete plan set for the project will include the following plan sheets:
Estimated Sheets Description
1 Cover sheet
2 Typical roadway and trail sections, details and note sheets
1 Miscellaneous details
5 Roadway and trail, storm drainage, and utility plans and profile
5 Temporary erosion control plans
6 Channelization/Signing/Illumination/Signal Plans
5 Landscape / Irrigation Plans
5 Traffic Control Plans
30 Total
Specifications
The CONSULTANT will prepare the specifications for the project in conformance with the WSDOT 2008
Standard Specifications. CONSULTANT will assemble the complete specifications document for the project
at 60%, 90%, and 100% complete submittals. CITY will provide the "Boiler Plate" version of the
specification and general special provisions. The "Boiler Plate" version will be edited by supplementing as
necessary with project specific information and by deleting unnecessary special provisions.
Cost Estimate
The CONSULTANT will prepare bid items, quantities and engineer's estimate of probable cost for the
proposed improvements at 60%, 90% and 100% complete design. The engineer's estimate of probable cost
will be based upon the construction plans, bid item quantities, and current bid prices for similar work.
Review Documents
The CONSULTANT will provide five (5) half-size review plan sets, one (1) construction cost estimate, and
one (1) specifications document for CITY review at the 60% and 90% complete submittal. Periodically
during plan development, CONSULTANT will provide the CITY with a copy of the current working
drawings. CITY will provide CONSULTANT with "redline" review comments on one set of plans and
specifications.
Final PS&E Documents
The CONSULTANT will provide the CITY with all final plan sheets on standard 22-inch by 34-inch Mylar.
CONSULTANT will provide design calculations, cost estimate, and specifications on 8.5-inch by I 1-inch
sheets. The electronic files for the AutoCAD plan drawings and specifications will be copied on a compact
disc. The CONSULTANT will provide one (1) set of half size contract plans on bond paper and one (1) set of
contract documents and specifications for contractor bidding purposes. CITY will be responsible for
reproduction and distribution of these documents.
6.0 Schedule
The CONSULTANT will begin work upon the CITY issuing a notice to proceed for the work. The
CONSULTANT has 90 days to submit 60% PS&E and then after receiving the CITYs comments from each
review has additional 90 days to submit 90% and 100% PS&E.
Page 2
CONSULTANT FEE ESTIMATE
Exhibit D-2 Supplement #1
City of Renton
Stage 2 Lake Washington Trail (South Connector) Final Design
WHPaclfic
1 3.15 1 Traffic Control Plan 1 1 2 1 1 1 16 1 20 1 1 1 1 1 1 1
Overhead Percentage 173.d¢j' x Direct Salary Cost (DSC) 584,818I
Fixed Fee Percenage , 12.00% x Direct Salary Cost (DSC)
Labor Total: $1
EXPENSES:
w "" rc,^ _., ... O_.., G
944417'Y r -a
,. �,, _ ...... �. �.....�
Mileage 150 $0.585
Plots and Reproductions 50 $3.00
Expenses Total:
Subconsultants Total: $01
MINUS REMAINING: 450,0001
supplement I fee 06 23 09.Ns
r
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ENDORSING THE
EFFORTS OF THE VALLEY CITIES ASSOCIATION AND AUTHORIZING THE MAYOR
TO APPLY FOR A FEDERAL GRANT TO FUND BROADBAND OPPORTUNITIES
OFFERED THROUGH THE U.S. DEPARTMENT OF COMMERCE.
WHEREAS, the City of Renton is a member of the Valley Cities Association, comprised of
the Cities of Algona, Auburn, Fife, Kent, Pacific, Puyallup and Sumner, which was formed in
August, 2005, for the purpose of collaborating on issues of common interest; and
WHEREAS, the members of the Valley Cities Association received funding and
completed a study that resulted in a recommendation to focus on regional broadband
development efforts on public safety, law enforcement and local governmental services by
developing a regional fiber optic ring to interconnect all participating cities and agencies that
will result in enhancing interagency communication, emergency response and municipal
services; and
WHEREAS, the members of the Valley Cities Association joined by the City of Federal
Way wish to work cooperatively to implement the recommendation of the study; and
WHEREAS, the goals of the members of the Valley Cities Association and the City of
Federal Way to enhance broadband infrastructure and services are to: 1) improve access to and
use of broadband for public safety agencies; 2) efficiently deliver local government services; 3)
stimulate broadband, local economic development and job creation; 4) enhance service to
public health care and education institutions; 5) effectively manage public property and right-
of-way; and 6) ensure equity, awareness and improved access to the public; and
1
RESOLUTION NO.
WHEREAS, as part of the technology improvements, 911 communication to the public
safety community will be changed from radio -based to IP-base, thus requiring wired (fiber)
communication from 911 communication centers to the participating public entities and
wireless communications from the agencies to the mobile computers in vehicles; and
WHEREAS, the members of the Valley Cities Association have executed a Fiber Optic
Project Agreement to develop the scope of a comprehensive fiber optic infrastructure capital
improvement initiative, and Budget Estimates for constructing these infrastructure
improvements, attached hereto as Exhibit "A" and Exhibit "B," respectively, and incorporated
by reference; and
WHEREAS, new grant funding opportunities are available through the federal American
Recovery and Reinvestment Act of 2009 to fund broadband technology opportunities; and
WHEREAS, the members of the Valley Cities Association and the City of Federal Way
desire to pursue federal grant funding through the American Recovery Act for the first phase of
the broadband infrastructure project as identified in Exhibit "A" in the amount of $4,504,000;
and
WHEREAS, the members of the Valley Cities Association and the City of Federal Way
desire to have the City of Auburn take the lead in applying for federal grant funding on behalf of
the members of the Valley Cities Association and the City of Federal Way; and
WHEREAS, the City of Renton intends to contribute its proportionate share of the local
match by utilizing staff time and other available City resources; and
2
r
RESOLUTION NO.
WHEREAS, it is the intent of the City Council that upon awarding of the grant, it will
amend the City's Annual Budget as necessary to authorize the use of available City resources as
a local match for the grant funding;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. Purpose. The City Council endorses the collaborative effort of the Valley
Cities Association to enhance regional broadband infrastructure and authorizes the Mayor to
sign, on behalf the City of Renton, as a member of the Valley Cities Association and the City of
Federal Way, the grant application to be submitted to the National Telecommunications and
Information Administration, U.S. Department of Commerce for grant funding offered through
the Broadband Technology Opportunities Program .
SECTION III. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this Resolution,
including negotiating agreements for City Council approval with the Valley Cities Association
and the City of Federal Way for implementation of the fiber optic infrastructure plan set forth
in Exhibits "A" and "B".
SECTION IV. This Resolution shall take effect and be in full force upon passage and
signatures hereon.
PASSED BY THE CITY COUNCIL this day of 2009.
Bonnie I. Walton, City Clerk
3
RESOLUTION NO.
APPROVED BY THE MAYOR this day of , 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
RES:1415:7/29/09:scr
Denis Law, Mayor
4
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, DESIGNATING THE
SOUTH LAKE WASHINGTON AREA OF THE CITY OF RENTON AS A
REVITALIZATION AREA AND SPECIFYING PROPOSED PUBLIC IMPROVEMENTS
TO BE MADE WITH LOCAL REVITALIZATION FINANCING.
WHEREAS, the Washington State Legislature recently passed second substitute Senate
Bill 5045, which provides limited amounts of state funding to help finance the cost of public
infrastructure improvements through the Local Revitalization Financing ("LRF") program; and
WHEREAS, the City of Renton ("City") concurs with the State legislature's position that
investment in public infrastructure promotes community and economic development in that it
stimulates business activity and the redevelopment of brownfields and blighted areas, creates
jobs and promotes efficient land use; and
WHEREAS, the City concurs with the State legislature that there is a public interest in
investing in these projects; and
WHEREAS, the City of Renton ("City") anticipates that the LRF program will both
improve the viability of existing businesses within the designated Revitalization Area and attract
new businesses to the designated Revitalization Area; and
WHEREAS, development in the designated Revitalization Area would not likely occur
without the assistance of the LRF program; and
WHEREAS, the improvement projects proposed through the LRF program, listed below,
will increase employment opportunities and private investment within the Revitalization Area,
and generate sufficient local revenues that will equal or exceed state and local contributions;
and
1
ORDINANCE NO.
J
WHEREAS, the City does not intend to use the LRF program for the purpose of
relocating an in -state business from outside the Revitalization Area; and
WHEREAS, the City will consider dedicating a portion of its excise tax and property tax
allocation revenues needed, together with other resources, for a period not to exceed twenty-
five (25) years to match the amount of LRF funding awarded from the State to finance the listed
public improvements; and
WHEREAS, the City desires to submit an application under the LRF program to seek state
funding for certain public infrastructure improvements within certain areas in the City and has
accordingly taken all the requisite steps in pursuit of this effort; and
WHEREAS, requisite notice was given to all taxing districts and local governments with
geographic boundaries within the South Lake Washington area of the City of Renton, which has
been identified as a specific area to be designated as a Revitalization Area; and
WHEREAS, said notice identified the South Lake Washington area as an intended
Revitalization Area and provided information regarding the date for a public hearing and the
anticipated date of action to adopt the proposed revitalization area along with contact
information of the City of Renton; and
WHEREAS, a public hearing was duly noticed and held on August 10, 2009, and all
parties having been heard appearing in support or in opposition to the proposed action; and
WHEREAS, this matter was duly referred to the Committee of the Whole for
investigation and study;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
2
ORDINANCE NO.
SECTION I. All the recitals set forth above and all attachments to this Ordinance are
hereby incorporated by reference as if fully set forth.
are:
SECTION II. The proposed improvement projects and their respective estimated costs
• extension of Park Avenue North from The Landing to the Southport development
[approximately Five Million Dollars ($5,000,000)];
• channelization and other roadway improvements on Garden Avenue South at
Park Avenue [approximately Three Million Dollars ($3,000,000)];
• Highlands to The Landing Trail [approximately Two Million Dollars ($2,000,000)];
• Lake Washington Boulevard corridor improvements [approximately Five Million
Dollars ($5,000,000)];
• water and sewer system upgrades [approximately Two Million Five Hundred
Thousand Dollars ($2,500,000)]; and
• Bus Rapid Transit facilities and 700-stall transit -related parking garage
[approximately Thirty-five Million Dollars ($35,000,000)].
SECTION III. The following described area of South Lake Washington in the City of
Renton as depicted in "Attachment A" is hereby designated as a Revitalization Area.
[Said property, is generally located between the southern boundary of Gene
Coulon Memorial Beach Park to the northeast, Lake Washington to the north,
Logan Avenue North to the west, North 6th and North 7th Streets to the south
and Garden Avenue North to the east.]
SECTION IV. Approximately twenty-five percent (25%) of the listed public
improvements costs is anticipated to be financed by the LRF program, if awarded by the State,
with the remainder to be funded by project developers, together with potential grants and
other public/private funding sources.
SECTION V. The estimated time during which local excise tax allocation revenues,
local property tax allocation revenues, and other revenues from local public sources are to be
3
ORDINANCE NO.
used as part of local revitalization financing for the South Lake Washington Revitalization Areas
is approximately twenty-five (25) years.
SECTION VI. The estimated time when the use of local property tax allocation
revenues will commence is the second calendar year following the creation of South Lake
Washington Revitalization Area.
SECTION VII. The City has met all of the requirements in Section 103 of second
substitute Senate Bill 5045.
SECTION Vill. The anticipated rate of sales and use tax if awarded a LRF state
contribution would be .00030.
SECTION IX. The anticipated date that the sales and use tax will be imposed will be
July 1, 2013; and the anticipated year in which the criteria for the sales and use tax in section
601 of second substitute Senate Bill 5045 will be met is 2012.
SECTION X. The Chief Administrative Officer and/or designee shall be authorized to
carry out the necessary and appropriate steps to effectuate and implement the terms of this
ordinance and to pursue the LRF program.
SECTION XI. This ordinance shall be effective upon passage, approval and thirty (30)
days after publication.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
4
ORDINANCE NO.
APPROVED BY THE MAYOR this day of
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1580:8/5/09:scr
Denis Law, Mayor
2009.
61
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, DESIGNATING THE
PORT QUENDALL AREA OF THE CITY OF RENTON AS A REVITALIZATION AREA
AND SPECIFYING PROPOSED PUBLIC IMPROVEMENTS TO BE MADE WITH
LOCAL REVITALIZATION FINANCING.
WHEREAS, the Washington State Legislature recently passed second substitute Senate
Bill 5045, which provides limited amounts of state funding to help finance the cost of public
infrastructure improvements through the Local Revitalization Financing ("LRF") program; and
WHEREAS, the City of Renton ("City") concurs with the State legislature's position that
investment in public infrastructure promotes community and economic development in that it
stimulates business activity and the redevelopment of brownfields and blighted areas, creates
jobs and promotes efficient land use; and
WHEREAS, the City concurs with the State legislature that there is a public interest in
investing in these projects; and
WHEREAS, the City of Renton ("City") anticipates that the LRF program will both
improve the viability of existing businesses within the designated Revitalization Area and attract
new businesses to the designated Revitalization Area; and
WHEREAS, development in the designated Revitalization Area would not likely occur
without the assistance of the LRF program; and
WHEREAS, the improvement projects proposed through the LRF program, listed below,
will increase employment opportunities and private investment within the Revitalization Area,
and generate sufficient local revenues that will equal or exceed state and local contributions;
and
1
ORDINANCE NO.
WHEREAS, the City does not intend to use the LRF program for the purpose of
relocating an in -state business from outside the Revitalization Area; and
WHEREAS, the City will consider dedicating a portion of its excise tax and property tax
allocation revenues needed, together with other resources, for a period not to exceed twenty-
five (25) years to match the amount of LRF funding awarded from the State to finance the listed
public improvements; and
WHEREAS, the City desires to submit an application under the LRF program to seek state
funding for certain public infrastructure improvements within certain areas in the City and has
accordingly taken all the requisite steps in pursuit of this effort; and
WHEREAS, requisite notice was given to all taxing districts and local governments with
geographic boundaries within the Port Quendall area of the City of Renton, which has been
identified as a specific area to be designated as a Revitalization Area; and
WHEREAS, said notice identified the Port Quendall area as an intended Revitalization
Area and provided information regarding the date for a public hearing and the anticipated date
of action to adopt the proposed revitalization area along with contact information of the City of
Renton; and
WHEREAS, a public hearing was duly noticed and held on August 10, 2009, and all
parties having been heard appearing in support or in opposition to the proposed action; and
WHEREAS, this matter was duly referred to the Committee of the Whole for
investigation and study;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
2
ORDINANCE NO.
SECTION I. All the recitals set forth above and all attachments to this Ordinance are
hereby incorporated by reference as if fully set forth.
are:
SECTION II. The proposed improvement projects and their respective estimated costs
• reconstruction and signalization improvements on Lake Washington Boulevard
and NE 44th [approximately Seven Million Dollars ($7,000,000)];
• frontage improvements along Seahawks Way and Lake Washington Boulevard,
including an extension of May Creek Trail [approximately Five Million Dollars
($5,000,000)1;
• new reservoir and water and sewer system improvements [approximately Nine
Million Dollars ($9,000,000)];
• reclaimed water facility [approximately Six Million Dollars ($6,000,000)]; and
• public amenities, including the potential for as much as 3-5 acres of waterfront
habitat restoration, public open space, trails, and potential plaza(s), and funding
for maintenance of these areas [approximately Forty Million Dollars
($40,000,000)].
SECTION III. The following described area of Port Quendall in the City of Renton as
depicted in "Attachment A" is hereby designated as a Revitalization Area.
[Said property, is generally located between Lake Washington to the West, the
City of Renton boundary to the east, SE 76th Street (if extended) to the north and
North 40th Street (if extended) to the south.]
SECTION IV. Approximately twenty-five percent (25%) of the listed public
improvements costs is anticipated to be financed by the LRF program, if awarded by the State,
with the remainder to be funded by project developers, together with potential grants and
other public/private funding sources.
SECTION V. The estimated time during which local excise tax allocation revenues,
local property tax allocation revenues, and other revenues from local public sources are to be
3
ORDINANCE NO.
1.
used as part of local revitalization financing for the Port Quendall Revitalization Areas is
approximately twenty-five (25) years.
SECTION VI. The estimated time when the use of local property tax allocation
revenues will commence is the second calendar year following the creation of Port Quendall
Revitalization Area.
SECTION VII. The City has met all of the requirements in Section 103 of second
substitute Senate Bill 5045.
SECTION Vill. The anticipated rate of sales and use tax if awarded a LRF state
contribution would be .00030.
SECTION IX. The anticipated date that the sales and use tax will be imposed will be
July 1, 2014; and the anticipated year in which the criteria for the sales and use tax in section
601 of second substitute Senate Bill 5045 will be met is 2013.
SECTION X. The Chief Administrative Officer and/or designee shall be authorized to
carry out the necessary and appropriate steps to effectuate and implement the terms of this
ordinance and to pursue the LRF program.
SECTION XI. This ordinance shall be effective upon passage, approval and thirty (30)
days after publication.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
4
ORDINANCE N0,
APPROVED BY THE MAYOR this day of , 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1581:8/5/09:scr
Denis Law, Mayor
5
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE
FISCAL YEAR 2009 BUDGET BY INCREASING FUND 000 BY $74,696 FOR THE
PURPOSE OF SUPPLEMENTAL FUNDING TO SUPPORT THE CITY'S EMERGENCY
MANAGEMENT PROGRAM.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Appropriation in the General Governmental Fund is hereby increased as
follows:
Fund
2009 Original
Budget
Budget
Increase
2009 Adjusted
Budget
REVENUES
Revenue — 000 General Fund
000.000000.000.3330.0083.50.000006
$35,000
$74,696
$109,696.00
TOTALS
$74,696
SECTION II. Funds for this line item are hereby added to the 2009 Budget.
SECTION III. This ordinance shall become effective immediately upon its passage,
approval and five (5) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2009.
Denis Law, Mayor
1
ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1575:7/27/09:scr