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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, October 10, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: • Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Indigenous Peoples' Day - October 10, 2022 b) Domestic Violence Awareness Month - October, 2022 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed three minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of October 3, 2022. Council Concur b) AB - 3208 Police Department recommends approval of an Interlocal Agreement (ILA) with the Renton School District, for School Resources Officers. The district will pay $85,000 per year, per School Resource Officer assigned to the district, prorated based on the time an officer is at the school or conducting school district business. Refer to Public Safety Committee c) AB - 3212 Public Works Airport recommends approval of Amendment No. 6 to LAG-12- 004, Airport lease with Bosair, LLC, which provides Bosair, LLC a three-year extension to complete previously agreed upon construction work due to unforeseen supply chain issues, price increases due to inflation, and other material and labor cost increases. There is no fiscal impact to the City, the improvements to the site will become property of the City upon termination of the lease. Refer to Transportation (Aviation) Committee d) AB - 3213 Public Works Airport recommends approval to purchase a Multi-use Tractor, in the amount of $175,339.22, from Pape' Machinery; and requests a budget transfer of $17,339.22 from the Master Plan Update Fund to cover the full cost of the purchase. The multifunctional piece of equipment will be used for various tasks year-round at the Airport, including snow removal. Refer to Finance Committee e) AB - 3211 Public Works Utility Systems Division submits CAG-21-104, Renton Highlands Sanitary Sewer Rehabilitation Phase II project, contractor Insituform Technologies, LLC, and requests acceptance of the project and authorization to release the retainage bond after 60 days, once all required State releases are obtained. Council Concur 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, 2022 Year End Budget Amendment* 8. LEGISLATION Ordinance for first reading: a) Ordinance No. 6083: 2022 Year End Budget Amendment (See Item 7.a) Ordinances for second and final reading: b) Ordinance No. 6081: D-214: Battery Energy Storage Systems (BESS) (First Reading on 10/3/2022) c) Ordinance No. 6082: D-218: Rezones (First Reading on 10/3/2022) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 4:00 p.m. - 7th Floor -Council Chambers/Videoconference Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings ArmondoPavoneMayorWfiereas,ColumbusDayisobservedasafederalholiday,establishedbyorderofPresidentRooseveltin1937andprovidesanopportunitytoreflectonthecolonizationofNorthAmericabyEuropeans;and‘T4)fiereas,theEuropeancolonizationofNorthAmericaalsoledtothesuppression,forcedassimilation,andgenocideofIndigenousPeoplesandtheircultures;andWfiereas,IndigenousPeoplesofthePugetSoundregionenjoyedandexhibitedarich,diversecultureandenduringspiritthatcontinuestobecelebratedtothisdayinRentonandthroughouttheregion;andWñereas,theCityofRentonvaluesthehistoricandcontemporarycontributionsmadetothiscommunitybyallourregion’spastandpresentIndigenousPeoples;and‘I4lfiereas,IndigenousPeoples’Daywasfirstproposedin1977byadelegationofNativeNationstotheUnitedNations-sponsoredInternationalConferenceonDiscriminationAgainstIndigenousPopulationsintheAmericas;and14IIereas,in2011,theAffiliatedTribesofNorthwestIndians,representing59tribes,passedResolution#11-57:SupporttoChangeColumbusDaytoIndigenousPeoples’Day;and‘(4fiereas,recognizingIndigenousPeoplesonthesecondMondayofOctoberhelpsprovideamorebalancedrepresentationofourregion’sculturalhistoryandconstitutesasmallactofrestitutionforthehardshipsenduredbyIndigenousPeoplessincetheonsetofEuropeancolonizationoftheAmericas;andfri)ftereas,theCityofRentoncelebratesdiversity,equity,andinclusion,andiscommittedtopromotingrespectfor,andunderstandingof,theregion’sindigenouscommunity,theirlonghistory,andtheircontinuingcontributiontocontemporarysociety;Wbw,tfterefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimOctober10,2022,tobeIncfigenousPeoptes’cDayintheCityofRenton,andIencourageallmembersofthecommunitytojoinmeinthisspecialobservation.InwitnesswftereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis10thdayofOctober,2022.rmonoPavone,Mayoryofnton,WashingtonLRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwãProctamationAGENDA ITEM #3. a) ArmondoPavoneMayor‘14)fiereas,thecrimeofdomesticviolenceviolatesanindividual’sprivacy,dignity,security,andhumanityduetothesystematicuseofphysical,emotional,sexual,psychological,andeconomiccontroland/orabuse;andWñereas,ithasbeenestimatedthateveryninesecondsawomanisbeatenbyherhusbandorboyfriendinthiscountryand,inmorethanhalfofthoseinstances,childrenundertheageof12arepresent;andW/ereas,oneinfifteenchildrenhasbeenexposedtodomesticviolenceeachyear,andninetypercentofthechildrenareexposedtothisviolence;and‘T44ereas,morethanhalfofabusersresponsiblefordomesticviolencerelatedfatalshootingswereprohibitedbylawfromowningfirearms;and‘I4lfiereas,domesticviolencedoesnotdiscriminateandcrossesalleconomic,racial,gender,educational,religious,andsocietalbarriersandissustainedbyindifference;and‘I42fiereas,theCityofRentonisworkingtoimprovetheoverallresponsetoandthereductionofdomesticviolenceinourregionwithanawarenessoftheculturaldifferencesinourcommunity;andt14/’ñereas,domesticviolenceisoneofthemostdangerouscallsforlawenforcementandthesafetyofthoseinvolvedalongwiththecommunityisacriticalsituation;andWhereas,OctoberisnationallyrecognizedasDomesticViolenceAwarenessMonthandonOctober10,weencouragethecommunitytowearpurpletocreateawarenessaboutdomesticviolenceinourcommunity;Wow,therefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimOctober2022tobecDomestict)iotencefiwarenessWtontñintheCityofRenton,andIencourageeveryoneinourcommunitytotakeanactiveroleinsupportingallvictimssotheycanleadhealthylivessafefromviolentandabusivebehavior.InwitnesswhereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis10thdayofOctober,2022.AooPavone,MayorCitofntonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa,1ProctamationAGENDA ITEM #3. b) Mayor’s Office Memorandum DATE: October 10, 2022 TO: Ryan McIrvin, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Voice of the Planet in partnership with the Renton Chamber of Commerce will be hosting a Diwali Festival of Lights, Art Exhibit, and Bazaar Saturday, October 15 from 11 am to 5 pm at the Chamber office, 625 South 4th Street. Enjoy music, food, community art, and shopping. • Construction of the Coulon North Water Walk Improvements project will begin October 17. The project will make critical repairs and upgrades to the structure and comply with the DNR Aquatic lease. Making these repairs will require closing the north water walk structure, day moorage/finger piers, and picnic floats until September 2023. For more information, visit rentonwa.gov/currentprojects. Questions may be directed to Betsy Severtsen: 425-757-6657. • The next pop-up lunch event will be held Tuesday, October 18 from 12 to 1:30 pm at Sunset Park, 2680 Sunset Lane NE. Ready-to-eat lunch and drinks from Amazon Fresh, personal hygiene kits, cleaning supplies, and socks will be available to those with food insecurities and/or are unsheltered. This event is sponsored by the Equity, Housing, and Human Services (EHHS) Department and the Emergency Feeding Program. • Construction of the Philip Arnold Park Site Improvements project will begin October 24 and extend into early summer 2023. The project will modernize facilities and improve community access to the park. Improvements include new restroom, walking trail, play equipment, shelters, and much more. The park will be closed during construction. For more information, visit rentonwa.gov/currentprojects. Questions may be directed to Betsy Severtsen: 425-757-6657. • Under Renton Municipal Code landlords are required to register all residential housing properties within the City of Renton. Exceptions include room rentals by owner- occupied residential homes, commercial lodging, short-term rentals, state-licensed facilities, and housing owned by government groups or housing authorities. Our website has comprehensive information about the program and instructions on how to AGENDA ITEM #4. a) Ryan McIrvin, Council President Members of Renton City Council Page 2 of 2 October 10, 2022 register your rental unit. If you are a landlord who has not yet registered and qualify for this program, please visit www.rentonwa.gov/rentalregistrationprogram. • Information about preventative street maintenance, traffic impact projects, road closures, and I-405 work happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Monday, October 10 through Friday, October 14, 8:30 am to 3:00 pm. Intermittent lane closure on NE 12th Street at Jefferson Ave NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, October 10 through Friday, October 14, 8:30 am to 3:00 pm. Intermittent lane closure on S Grady Way west of Talbot Road S. Questions may be directed to Tom Main, 206-999-1833.  On-going Bronson Way Bridge Closure through November 3, 2022 (Phase I). FULL BRIDGE CLOSURE to vehicular and pedestrian traffic for a seismic upgrade. Project information and updates are available on our website.  On-going Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) AB - 3208 City Council Regular Meeting - 10 Oct 2022 SUBJECT/TITLE: Interlocal Agreement for School Resource Officers between the City of Renton and Renton School District No. 403 RECOMMENDED ACTION: Refer to Public Safety Committee DEPARTMENT: Police Department STAFF CONTACT: Ryan Rutledge, Commander EXT.: 7512 FISCAL IMPACT SUMMARY: The Renton School District will pay the City $85,000 per school year, per School Resource Officer assigned to the District, prorated for those days the officer is actually at the school or on school business. SUMMARY OF ACTION: School Resource Officer programs have many benefits, including preventing and responding to school -based crime; fostering positive relationships among law enforcement, educators, and youth; and helping to promote a positive school climate. The City of Renton, the Renton Police Department, and the Renton School District share the desire to promote law enforcement services to the students who attend Renton schools within the city limits of Renton. The purpose of this interlocal agreement is to place three School Resource Officers within the Renton School District for the 2022 - 2023 school year. EXHIBITS: A. Interlocal Agreement B. Resolution STAFF RECOMMENDATION: Authorize the Mayor to sign the Interlocal Agreement for School Resource Officers. AGENDA ITEM #6. b) INTERLOCAL AGREEMENT For SCHOOL RESOURCE OFFICERS Between THE CITY OF RENTON and RENTON SCHOOL DISTRICT NO. 403 In Accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Renton ("The City"), and Renton School District No. 403 ("The District"), each of which is a Washington Municipal Corporation, hereby enter into the following INTERLOCAL AGREEMENT: RECITALS WHEREAS: A. The District and the City desire to promote law enforcement and related services to Renton High School, Hazen High School, Lindbergh High School and other Renton District Schools within the City; B. A School Resource Officer Program has been proposed for District High Schools within the City as hereinafter described; C. The District and the City recognize the potential benefits of the School Resource Officer Program to the citizens of the City and particularly to the students and staff of the District High Schools within the City; and D. It is in the best interest of the citizens and residents of the District and the City to establish this program, NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. TERM of AGREEMENT and RENEWAL 1.1 This Agreement shall commence as of September 1, 2022 and shall terminate as of August 31,2023. 1.2 This Agreement may be renewed by written agreement of both Parties. 1.3 The Agreement may be terminated by either party by ninety (90) days written statement of termination directed to the other party. Should the Agreement be terminated be either party, the District shall pay the City for services provided through the termination date, and the City will reimburse the District on a prorated basis for any payment previously made in advance of services provided by the City. AGENDA ITEM #6. b) II. SCHOOL RESOURCE OFFICER PROGRAM 2.1 A School Resource Officer Program has been established between the City of Renton Police Department ("Renton PD") and the District, with services provided to Renton District High Schools within the City of Renton. Said program shall continue for the term of this agreement. 2.2 Through the School Resource Officer Program, the District and the Renton PD have committed to providing a safe school environment that promotes education and SRO interaction with students in a positive caring manner. This is accomplished with a committed partnership among the school, student, staff, parents, police department, and neighbors to enhance the schools and the community. III. RIGHTS AND DUTIES OF THE RENTON PD 3.1 The Chief of the Renton PD ("the Chief'') shall assign up to three (3) regularly employed police officers as School Resource Officers ("SROs”) to Renton High School, Hazen High School and Lindbergh High School in the City of Renton and will also provide additional services, as described herein, to other Renton District Schools located within the City of Renton. 3.2 Retain the authority and responsibility for training the School Resource Officer. By signing this agreement, the Renton Police Department confirms any School Resource Officer assigned to the Renton School District will, prior to serving in their capacity as a School Resource Officer, have received training sufficient to satisfy the mandate RCW 28A.400.345. Completion of training on all mandated topics as soon as feasible, but no later than 6 months of starting the position. The Chief shall annually provide verification that all assigned School Resource Officers have received the training described in this section. 3.3 The SROs shall be assigned to the District for a minimum of t wenty-six (26) hours per week while school is in session. Additional time may be authorized by Renton PD at the request of the school district not to exceed a total of forty (40) hours per week subject to Renton PD approval and provided the SRO's assistance is not required for other police activities away from the school. Absences from the school by the SRO during the school year for training or other Renton PD activities shall not exceed five (5) school days in duration at any one time. The Renton PD may temporarily reassign the SRO during school holidays and vacations, with advance notification to District. 3.4 The SRO shall also act as an instructor for specialized, short-term law enforcement related programs at the High Schools or other District schools within Renton when invited to do so by the principal or member of the faculty. 3.5 The SROs shall have the following additional duties and responsibilities: 3.5.1 When requested by the principal, the SRO shall attend parent/faculty meetings to solicit support and understanding of the program. 3.5.2 The SRO shall make him/herself available for conferences with students, parents and faculty members in order to assist them with problems of law enforcement or crime prevention in nature. 3.5.3 The SRO shall become familiar with all community agencies which offer assistance to youth and their families such as youth job placement assistance, mental health clinics, drug treatment centers, etc. The SRO shall make referrals to such agencies when necessary thereby acting as a resource person to the students, faculty, and staff of the school. 3.5.4 The SRO shall assist the principal and the District's Safety and Security Manager in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest. 3.5.5 The SRO shall assist and advise the District's Safety and Security Manager in planning and coordinating the AGENDA ITEM #6. b) work of the District and School Safety Officers who work under the supervision of the Safety and Security Manager. 3.5.6 The SRO shall comply with District policies and administrative procedures. Should it become necessary to conduct formal police interviews with a student, the SRO shall adhere to the Renton PD policies and legal requirements with regard to such interviews. 3.5.7 The SRO shall take law enforcement action as required, including but not limited to appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school activities. As soon as practicable, the SRO shall make the principal of the school aware of any law enforcement action. 3.5.8 The SRO shall give assistance to other police officers in matters regarding his/her school assignment, whenever necessary. 3.5.9 The SRO shall patrol the assigned school and surrounding neighborhoods in order to identify, investigate, and prevent incidents involving weapons, violence, harassment, intimidation, and other law violations. The SRO may also be assigned investigations related to runaways, assaults, thefts, and truancy, provided such investigations relate to the students attending the school to which the SRO is assigned. The SRO may also be assigned or provide traffic enforcement duties at the schools and surrounding neighborhoods. Such duties may include school zone speed enforcement. 3.5.10 The SRO shall maintain detailed and accurate records of the operation of the School Resource Officer Program. 3.5.11 The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believes an incident is a violation of the law, the principal is expected to contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. The SRO must understand when to informally interact with a student and when to enforce the law; their focus should be on keeping students out of the criminal justice system, when possible and should not to use to attempt to impose criminal sanctions that are more appropriately handled within the educational system. 3.5.12 The SRO shall not be used for regularly assigned duties such as lunchroom duty. If there is a problem area, the SRO may assist the school until the problem is solved. The SRO serves in a role to teach, informal counselor and law enforcement officer. 3.5.13 The SRO shall have a primary obligation to the City, not the School District. This contract and performance thereof by the City police officers shall not create any special relationship with any person or duties to protect any specific persons from harm or injury, whether foreseeable or unforeseeable, including the party signing this contract. The law enforcement/peacekeeping duties to be performed pursuant to the contract are the same in extent and scope as those provided by police officers to every member of the public. 3.5.14 Any exceptions to the above must be mutually agreed upon by the Chief of Police of the Renton PD, the School District, and the School Principal. 3.5.15 Per RCW 10.93.160, the SRO duties do not extend to immigration enforcement and the SRO will not inquire into or collect information about an individual’s immigration or citizenship status, or place of birth. Neither will the SRO provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law. IV. RIGHTS AND DUTIES OF THE DISTRICT 4.1 The District shall provide the SRO with the materials and facilities necessary to the performance of the SRO duties at the assigned High School. AGENDA ITEM #6. b) 4.2 The following materials and facilities are deemed necessary to the performance of the SRO's duties: 4.2.1 Access to a properly lighted private office with a telephone that may be used for general business purposes. 4.2.2 A location for files and records that can be properly locked and secured. 4.2.3 A desk with drawers, a chair, work table, filing cabinet, and officer supplies. 4.2.4 Access to a computer, and/or clerical assistance. V. FINANCING OF THE SCHOOL RESOURCE OFFICER 5.1 The District will compensate the City for a portion of the salary and benefits incurred for the assigned School Resource Officers on a monthly basis for the duration of the agreement. The District will pay the City $85,000 each school year, for each SRO assigned, prorated basis for those days the officer is actually at the school or on school business for the period beginning September 1, 2022 and ending the last day of school in June, 2023.and invoiced on a monthly basis. 5.2 Any overtime hours requested and authorized by either party to this Agreement shall be paid by the party requesting and authorizing the additional overtime hours. If the District requests and authorizes the overtime hours, the District will be separately invoiced for the direct salary and related benefits for the overtime hours worked by the assigned SRO. VI. EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICERS The SROs shall be employees of the Renton PD and shall not be employees of the School District. The School District and the Chief acknowledge that the SROs shall remain under the direct supervision of the Renton PD. VII. APPOINTMENT OF SCHOOL RESOURCE OFFICERS 7.1 The SRO must be a volunteer for the position with a minimum of three (3) years of law enforcement service or experience, unless the only available volunteers have lesser experience. 7.2 The appointment of the SRO shall be at the discretion of the Chief based upon: 7.2.1 A written application to the Chief that outlines his/her qualifications; and 7.2.2 Input from the Superintendent of Schools or his/her designee, and the District's Safety and Security Manager. 7.3 Additional criteria for consideration by the Chief shall include job knowledge, training, education, appearance, attitude, communication skills, and bearing. AGENDA ITEM #6. b) VIII. DISMISSAL OF SCHOOL RESOURCE OFFICER; REPLACEMENT 8.1 In the event the district determines that the SRO is not effectively performing his or her duties and responsibilities, the district shall state the reasons therefore in writing, and shall request a mediation process, as described herein, to resolve the issue(s) identified. If the Chief desires, the Superintendent and Chief, or their designees shall meet with the SRO to mediate or resolve the identified problems. At such meeting, specified school or district staff may be required to be present. If, within a reasonable amount of time after commencement of such mediation the problem cannot be resolved or mediated or in the event mediation is not sought by the chief, then the SRO shall be removed from the program and a replacement shall be obtained. 8.2 The Chief may dismiss or reassign the SRO based upon Renton PD rules, regulation, and/or general orders or when it is in the best interest of the Parties, the students and the citizens of the City of Renton. 8.3 In the event of the resignation, dismissal, or reassignment of the SRO, or in the case of long term absences by the SRO, the Chief shall provide a temporary replacement for the SRO within thirty (30) school days of such absence, dismissal, resignation, or reassignment. As soon as practicable, the chief shall appoint a permanent replacement for the SRO position. IX. LIABILITY Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees, and its agents. Each party shall be responsible for its own negligence; neither party shall indemnify nor hold the other party harmless. X. MISCELLANEOUS PROVISIONS 9.1 Effective Date. This Agreement shall be effective upon ratification by action of the governing body and execution by the chief Executive Officer of each of the Parties. 9.2 Amendment. This Agreement may be amended only upon consent of all Parties hereto. Any amendment hereto shall be in writing and shall be ratified and executed by the Parties in the same manner in which it was originally adopted. 9.3 Waiver. The waiver by any Party of any breach of any term, covenant, or condition of the Agreement shall not be deemed a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 9.4 Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 9.5 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 9.6 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or whether signed in counterparts. 9.7 Notices. Except as otherwise provided in the Agreement, any notice required be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested, or by personal service to: AGENDA ITEM #6. b) Dr. Damien Pattenaude, Superintendent Renton School District No. 403 300 SW 7th Street Renton, WA 98057 Jon Schuldt, Chief of Police City of Renton Police Department 1055 South Grady Way Renton, WA 98057 EXECUTED and APPROVED by the Parties in identical counterparts of this Agreement, each of which shall be deemed an original hereof, on the dates set forth below. Dated this ___ day of __________________, 2022. CITY OF RENTON By: ______________________________________ Armondo Pavone Mayor Attest: _______________________________________ Jason A. Seth, CMC, City Clerk Approved as to Legal Form: _______________________________________ Shane Moloney, City Attorney RENTON SCHOOL DISTRICT By: _______________________________________ Damien Pattenaude, Superintendent, By: _______________________________________ Fred Maiocco, Assistant Superintendent At the direction of the Renton School Board at and open public meeting held on: _____________________________________ AGENDA ITEM #6. b) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH RENTON SCHOOL DISTRICT NO. 403 FOR THE PURPOSE OF SCHOOL RESOURCE OFFICERS FOR 2022 – 2023. WHEREAS, the City and Renton School District No. 403 (“District”) are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the District and the City desire to promote law enforcement and related services to Renton High School, Hazen High School, Lindbergh High School and other District schools within the City; and WHEREAS, a School Resource Officer Program (the “Program”) was established by CAG-15-114, Interlocal Agreement for School Resource Officers dated May 13, 2015, which expired on June 30, 2017; and WHEREAS, the City and District reestablished the Program by entering into CAG- 17-223, which expired on June 30, 2019; and WHEREAS, the City and District reestablished the Program by entering into CAG- 19-301, which expired on August 31, 2020; and WHEREAS, the City and District reestablished the Program by entering into CAG- 20-445, which expired on August 31, 2022; and AGENDA ITEM #6. b) RESOLUTION NO. _______ 2 WHEREAS, the District and the City continue to recognize the potential benefits of the Program to the citizens of the City and to the students and staff of the District high schools within the City; and WHEREAS, through the Program, the District and the Renton Police Department have committed to providing a safe school environment that promotes education and interaction with students in a positive, caring manner; and WHEREAS, it is in the best interest of the citizens and residents of the District and the City to reestablish this program by entering into a new interlocal agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the District for School Resource Officers for 2022 – 2023 attached hereto as Exhibit “A” and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2022. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2022. ______________________________ Armondo Pavone, Mayor AGENDA ITEM #6. b) RESOLUTION NO. _______ 3 Approved as to form: ______________________________ Shane Moloney, City Attorney RES-PD: 1923 – 9.22.22 AGENDA ITEM #6. b) RESOLUTION NO. _______ 4 EXHIBIT “A” INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICERS BETWEEN THE CITY OF RENTON AND RENTON SCHOOL DISTRICT NO. 403 AGENDA ITEM #6. b) INTERLOCAL AGREEMENT For SCHOOL RESOURCE OFFICERS Between THE CITY OF RENTON and RENTON SCHOOL DISTRICT NO. 403 In Accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Renton ("The City"), and Renton School District No. 403 ("The District"), each of which is a Washington Municipal Corporation, hereby enter into the following INTERLOCAL AGREEMENT: RECITALS WHEREAS: A. The District and the City desire to promote law enforcement and related services to Renton High School, Hazen High School, Lindbergh High School and other Renton District Schools within the City; B. A School Resource Officer Program has been proposed for District High Schools within the City as hereinafter described; C. The District and the City recognize the potential benefits of the School Resource Officer Program to the citizens of the City and particularly to the students and staff of the District High Schools within the City; and D. It is in the best interest of the citizens and residents of the District and the City to establish this program, NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. TERM of AGREEMENT and RENEWAL 1.1 This Agreement shall commence as of September 1, 2022 and shall terminate as of August 31,2023. 1.2 This Agreement may be renewed by written agreement of both Parties. 1.3 The Agreement may be terminated by either party by ninety (90) days written statement of termination directed to the other party. Should the Agreement be terminated be either party, the District shall pay the City for services provided through the termination date, and the City will reimburse the District on a prorated basis for any payment previously made in advance of services provided by the City. AGENDA ITEM #6. b) II. SCHOOL RESOURCE OFFICER PROGRAM 2.1 A School Resource Officer Program has been established between the City of Renton Police Department ("Renton PD") and the District, with services provided to Renton District High Schools within the City of Renton. Said program shall continue for the term of this agreement. 2.2 Through the School Resource Officer Program, the District and the Renton PD have committed to providing a safe school environment that promotes education and SRO interaction with students in a positive caring manner. This is accomplished with a committed partnership among the school, student, staff, parents, police department, and neighbors to enhance the schools and the community. III. RIGHTS AND DUTIES OF THE RENTON PD 3.1 The Chief of the Renton PD ("the Chief'') shall assign up to three (3) regularly employed police officers as School Resource Officers ("SROs”) to Renton High School, Hazen High School and Lindbergh High School in the City of Renton and will also provide additional services, as described herein, to other Renton District Schools located within the City of Renton. 3.2 Retain the authority and responsibility for training the School Resource Officer. By signing this agreement, the Renton Police Department confirms any School Resource Officer assigned to the Renton School District will, prior to serving in their capacity as a School Resource Officer, have received training sufficient to satisfy the mandate RCW 28A.400.345. Completion of training on all mandated topics as soon as feasible, but no later than 6 months of starting the position. The Chief shall annually provide verification that all assigned School Resource Officers have received the training described in this section. 3.3 The SROs shall be assigned to the District for a minimum of t wenty-six (26) hours per week while school is in session. Additional time may be authorized by Renton PD at the request of the school district not to exceed a total of forty (40) hours per week subject to Renton PD approval and provided the SRO's assistance is not required for other police activities away from the school. Absences from the school by the SRO during the school year for training or other Renton PD activities shall not exceed five (5) school days in duration at any one time. The Renton PD may temporarily reassign the SRO during school holidays and vacations, with advance notification to District. 3.4 The SRO shall also act as an instructor for specialized, short-term law enforcement related programs at the High Schools or other District schools within Renton when invited to do so by the principal or member of the faculty. 3.5 The SROs shall have the following additional duties and responsibilities: 3.5.1 When requested by the principal, the SRO shall attend parent/faculty meetings to solicit support and understanding of the program. 3.5.2 The SRO shall make him/herself available for conferences with students, parents and faculty members in order to assist them with problems of law enforcement or crime prevention in nature. 3.5.3 The SRO shall become familiar with all community agencies which offer assistance to youth and their families such as youth job placement assistance, mental health clinics, drug treatment centers, etc. The SRO shall make referrals to such agencies when necessary thereby acting as a resource person to the students, faculty, and staff of the school. 3.5.4 The SRO shall assist the principal and the District's Safety and Security Manager in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest. 3.5.5 The SRO shall assist and advise the District's Safety and Security Manager in planning and coordinating the AGENDA ITEM #6. b) work of the District and School Safety Officers who work under the supervision of the Safety and Security Manager. 3.5.6 The SRO shall comply with District policies and administrative procedures. Should it become necessary to conduct formal police interviews with a student, the SRO shall adhere to the Renton PD policies and legal requirements with regard to such interviews. 3.5.7 The SRO shall take law enforcement action as required, including but not limited to appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school activities. As soon as practicable, the SRO shall make the principal of the school aware of any law enforcement action. 3.5.8 The SRO shall give assistance to other police officers in matters regarding his/her school assignment, whenever necessary. 3.5.9 The SRO shall patrol the assigned school and surrounding neighborhoods in order to identify, investigate, and prevent incidents involving weapons, violence, harassment, intimidation, and other law violations. The SRO may also be assigned investigations related to runaways, assaults, thefts, and truancy, provided such investigations relate to the students attending the school to which the SRO is assigned. The SRO may also be assigned or provide traffic enforcement duties at the schools and surrounding neighborhoods. Such duties may include school zone speed enforcement. 3.5.10 The SRO shall maintain detailed and accurate records of the operation of the School Resource Officer Program. 3.5.11 The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believes an incident is a violation of the law, the principal is expected to contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. The SRO must understand when to informally interact with a student and when to enforce the law; their focus should be on keeping students out of the criminal justice system, when possible and should not to use to attempt to impose criminal sanctions that are more appropriately handled within the educational system. 3.5.12 The SRO shall not be used for regularly assigned duties such as lunchroom duty. If there is a problem area, the SRO may assist the school until the problem is solved. The SRO serves in a role to teach, informal counselor and law enforcement officer. 3.5.13 The SRO shall have a primary obligation to the City, not the School District. This contract and performance thereof by the City police officers shall not create any special relationship with any person or duties to protect any specific persons from harm or injury, whether foreseeable or unforeseeable, including the party signing this contract. The law enforcement/peacekeeping duties to be performed pursuant to the contract are the same in extent and scope as those provided by police officers to every member of the public. 3.5.14 Any exceptions to the above must be mutually agreed upon by the Chief of Police of the Renton PD, the School District, and the School Principal. 3.5.15 Per RCW 10.93.160, the SRO duties do not extend to immigration enforcement and the SRO will not inquire into or collect information about an individual’s immigration or citizenship status, or place of birth. Neither will the SRO provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law. IV. RIGHTS AND DUTIES OF THE DISTRICT 4.1 The District shall provide the SRO with the materials and facilities necessary to the performance of the SRO duties at the assigned High School. AGENDA ITEM #6. b) 4.2 The following materials and facilities are deemed necessary to the performance of the SRO's duties: 4.2.1 Access to a properly lighted private office with a telephone that may be used for general business purposes. 4.2.2 A location for files and records that can be properly locked and secured. 4.2.3 A desk with drawers, a chair, work table, filing cabinet, and officer supplies. 4.2.4 Access to a computer, and/or clerical assistance. V. FINANCING OF THE SCHOOL RESOURCE OFFICER 5.1 The District will compensate the City for a portion of the salary and benefits incurred for the assigned School Resource Officers on a monthly basis for the duration of the agreement. The District will pay the City $85,000 each school year, for each SRO assigned, prorated basis for those days the officer is actually at the school or on school business for the period beginning September 1, 2022 and ending the last day of school in June, 2023.and invoiced on a monthly basis. 5.2 Any overtime hours requested and authorized by either party to this Agreement shall be paid by the party requesting and authorizing the additional overtime hours. If the District requests and authorizes the overtime hours, the District will be separately invoiced for the direct salary and related benefits for the overtime hours worked by the assigned SRO. VI. EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICERS The SROs shall be employees of the Renton PD and shall not be employees of the School District. The School District and the Chief acknowledge that the SROs shall remain under the direct supervision of the Renton PD. VII. APPOINTMENT OF SCHOOL RESOURCE OFFICERS 7.1 The SRO must be a volunteer for the position with a minimum of three (3) years of law enforcement service or experience, unless the only available volunteers have lesser experience. 7.2 The appointment of the SRO shall be at the discretion of the Chief based upon: 7.2.1 A written application to the Chief that outlines his/her qualifications; and 7.2.2 Input from the Superintendent of Schools or his/her designee, and the District's Safety and Security Manager. 7.3 Additional criteria for consideration by the Chief shall include job knowledge, training, education, appearance, attitude, communication skills, and bearing. AGENDA ITEM #6. b) VIII. DISMISSAL OF SCHOOL RESOURCE OFFICER; REPLACEMENT 8.1 In the event the district determines that the SRO is not effectively performing his or her duties and responsibilities, the district shall state the reasons therefore in writing, and shall request a mediation process, as described herein, to resolve the issue(s) identified. If the Chief desires, the Superintendent and Chief, or their designees shall meet with the SRO to mediate or resolve the identified problems. At such meeting, specified school or district staff may be required to be present. If, within a reasonable amount of time after commencement of such mediation the problem cannot be resolved or mediated or in the event mediation is not sought by the chief, then the SRO shall be removed from the program and a replacement shall be obtained. 8.2 The Chief may dismiss or reassign the SRO based upon Renton PD rules, regulation, and/or general orders or when it is in the best interest of the Parties, the students and the citizens of the City of Renton. 8.3 In the event of the resignation, dismissal, or reassignment of the SRO, or in the case of long term absences by the SRO, the Chief shall provide a temporary replacement for the SRO within thirty (30) school days of such absence, dismissal, resignation, or reassignment. As soon as practicable, the chief shall appoint a permanent replacement for the SRO position. IX. LIABILITY Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees, and its agents. Each party shall be responsible for its own negligence; neither party shall indemnify nor hold the other party harmless. X. MISCELLANEOUS PROVISIONS 9.1 Effective Date. This Agreement shall be effective upon ratification by action of the governing body and execution by the chief Executive Officer of each of the Parties. 9.2 Amendment. This Agreement may be amended only upon consent of all Parties hereto. Any amendment hereto shall be in writing and shall be ratified and executed by the Parties in the same manner in which it was originally adopted. 9.3 Waiver. The waiver by any Party of any breach of any term, covenant, or condition of the Agreement shall not be deemed a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 9.4 Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 9.5 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 9.6 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or whether signed in counterparts. 9.7 Notices. Except as otherwise provided in the Agreement, any notice required be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested, or by personal service to: AGENDA ITEM #6. b) Dr. Damien Pattenaude, Superintendent Renton School District No. 403 300 SW 7th Street Renton, WA 98057 Jon Schuldt, Chief of Police City of Renton Police Department 1055 South Grady Way Renton, WA 98057 EXECUTED and APPROVED by the Parties in identical counterparts of this Agreement, each of which shall be deemed an original hereof, on the dates set forth below. Dated this ___ day of __________________, 2022. CITY OF RENTON By: ______________________________________ Armondo Pavone Mayor Attest: _______________________________________ Jason A. Seth, CMC, City Clerk Approved as to Legal Form: _______________________________________ Shane Moloney, City Attorney RENTON SCHOOL DISTRICT By: _______________________________________ Damien Pattenaude, Superintendent, By: _______________________________________ Fred Maiocco, Assistant Superintendent At the direction of the Renton School Board at and open public meeting held on: _____________________________________ AGENDA ITEM #6. b) AB - 3212 City Council Regular Meeting - 10 Oct 2022 SUBJECT/TITLE: Amendment No. 6-22 to LAG-12-004 with Bosair, LLC for the 2021 Expansion Area at the Renton Municipal Airport RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Airport STAFF CONTACT: Manny Cruz, Airport Business Coordinator EXT.: 7478 FISCAL IMPACT SUMMARY: No anticipated financial impacts to the Airport are expected. The improvements to the parcel will become property of the City upon termination of lease. SUMMARY OF ACTION: Bosair, LLC commenced construction on the expansion work at the southeast corner of the Airport described in Appendices 1 and 2 of their lease agreement LAG-12-004 in April 2021. The expansion was required due to the following: To conduct business operations during construction Bosair, LLC has a need for a laydown area to facilitate construction. The area described in Amendment No. 5-21 will provide the necessary workspace, equipment storage, laydown area for construction, and a secure area for the equipm ent and aircraft. In return, the city receives the benefit from the site renovation. The city has the need to remove three existing adjacent abandoned hangars and renovate the 450 Parcel (Exhibit 5-B). The airport land rate of this site for three years is $197,574.30. The estimated cost for demolition of the hangars by Bosair, LLC is $249,000 for all three buildings. Amendment 5-21 will require Bosair to remove the old hangar and renovate the site. In exchange the city will grant the exclusive use of the site for three years, after which time the city receive back a clean site suitable for use or future development. The Airport recommends amending the lease to allow additional time to complete the 2021 Construction Work via this amendment. Due to unforeseen supply chain issues, price increases from inflation, related to material and labor increasing 50% higher than expected. Adding an additional (3) three -year extension, will allow the tenant time to complete the development and put the parcel in line with the airport’s Master Plan of redevelopment of the Southeast corner. EXHIBITS: A. Amendment 6-22 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment No. 6 -22 to LAG-12-004 with Bosair, LLC. AGENDA ITEM #6. c) AMENDMENT6-22 TO LEASEAGREEMENT (City of Renton to Bosair,LLC) THIS AMENDMENT("Amendment”)No.5 to Lease Agreement LAG 12-004 is effective as of the last date signed by the Parties below. RECITALS: WHEREAS,Bosair,LLC(hereinafter ”Tenant”)has a Lease Agreement with the City of Renton (hereinafter ”Landlord”)(Tenant and Landlord are the ”Parties”),LAG 12- 004,executed on October 1,2012,and subsequently amended (LAG12-004,together with its amendments,is hereinafter the "Lease”);and WHEREAS,pursuant to Appendices 1 and 2 to the Lease,the Parties have anticipated that certain hangar extension work would be conducted by Tenant on the Premises during the term of the Lease,and Tenant has recently begun a portion of such work (hereinafter,such work is the "2021 Construction Work”),subject to applicable review and approvals by Landlord which are being addressed separately from this Amendment;and WHERAS,bids obtained by Tenant for the 2021 Construction Work within the expansion area in Exhibits 5-A and 5-B to Amendment 5-21 are 50%higher than expected,due to unforeseen supply chain issues and price inflation related to materials and labor;and WHEREAS,Tenant remains committed to the 2021 Construction Work and requests an additional 3-year extension to complete the development due to these rising costs,allowing for a total of six additional years in the expansion area;and WHEREAS,Landlord and Tenant are willing to amend the Lease to allow for to the terms set forth herein;NOW,THEREFORE,IN CONSIDERATIONOF THE TERMS AND CONDITIONS HEREINCONTAINEDANDFOROTHERGOODANDVALUABLECONSIDERATION,THE RECEIPTANDSUFFICIENCYOFWHICHISHEREBYACKNOWLEDGED,LANDLORDAND TENANTAGREEASSETFORTHBELOW:WITNESSETHI1.Section 2 of Amendment 5-21 to LAG—12-004is amended to read as follows: Ame ndme nt No.StoLeaseAgreementLAG12-004 City R e nt o n toBosair,LLC L A G 12-004 Am end men t 6-22 AGENDA ITEM #6. c) The term of this Amendment shall comme nce ontheEffectiveDateandendon the date that is six (6)years after the Effe ctiv e Date.ThedurationofTenant's right to use and occupy the 2021 Expansio n Ar ea shallbecoterminouswiththe term of this Amendment;provided that T e n a n t shalllosesuchrighttouseand occupy the 2021 Expansion Area if the D e m oli tio n WorkdescribedinExhibit5-B is not timely and satisfactorily performed. 2.All other terms and conditions of the orig inal Lea se (includingamendments thereto),insofar as they are not inconsiste nt her ew ith, shallremaininfullforce and effect. This Amendment is effective as of the last signe d belowbytheParties(the ”Effective Date”). CITYOF RENTON B os ai r, LLC, a municipal corporation aWas hin gto n LimitedLiability C o m pa ny Shane Moio ney, CityAttorney Exhibit List: 0 Exhi bit 5- A: Mapdepictionof2021ExpansionArea By: Armondo Pav oneMayor Date: Ame ndm ent No.5toLeaseAgreementLAG12004 City R en to n toBosair,LLC Jas on Se th, CityClerk L A G 12- 004Ame ndm ent 6-22 A p pr o ve d astolegalform: Name: Date At te st ed toby:AGENDA ITEM #6. c) 0 5-B:TermsandConditionsRegarding2021ExpansionArea Ame ndme nt No.StoLeaseAgreementLAG12-O04 City R e nt o n toBosair,LLC L A G 12-004 Am end men t 6-22 AGENDA ITEM #6. c) E X H I B I T 5-A: Map Depict ion of2021ExpansionArea [ S ee fol lo wi ng page.] Ame ndm ent No.5toLeaseAgreementLAG12-004 City R en to n toBosair,LLC L A G .12- 004Ame ndm ent 6-22 AGENDA ITEM #6. c) Exhibit5-B: Terms and Regarding2021ExpansionArea [Seefollowingpages.] Ame ndm ent No.5toLeaseAgreementLAG12-004 City R en to n toBosair,LLC L A G 12-004 Ame ndm ent 6-22 AGENDA ITEM #6. c) AB - 3213 City Council Regular Meeting - 10 Oct 2022 SUBJECT/TITLE: Multi-use Tractor Purchase for the Airport RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Airport STAFF CONTACT: William Adams, Civil Engineer III EXT.: 206.775.6862 FISCAL IMPACT SUMMARY: The fiscal impact of Multi-use Tractor Purchase for the Airport is $175,339.22. There is budget funding of $158,105 in the Snow Removal Equipment project account 422.725107.015.594.46.63.000. Staff is requestin g approval to move budget of $17,339.22 from the Master Plan Update (422.725113.015.594.46.63.000) project budget for the remaining funding needed. SUMMARY OF ACTION: The airport has funding in the budget for snow removal equipment. Staff has identified a multifunctional piece of equipment that can be used for various tasks year -round, including snow removal. The John Deere 5115M Tractor is a versatile piece of equipment that can be used for mowing, debris removal, sweeping, snow plowing, snow blowing, landscaping, and rough grading. It is capable of pulling a 17 -foot mower and many other attachments which are included in the proposal. The purchase of this tractor would be through Pape’ Machinery on a Sourcewell Contract for Ag Tractors 110719-JDC (PG 1P CG 70). Sourcewell is a cooperative purchasing agreement open to public agencies in which various pieces of equipment are publicly bid with pricing offered to member agencies to take advantage of nationwide buying power of this group. The various attachments available for this equipment will result in time savings for airport staff. It will greatly reduce mowing time due to the increased size of the mower attachment and w ill provide additional snow removal capability. The other attachments will allow airport staff to undertake tasks and projects rather than waiting for borrowed equipment from other city departments or divisions. EXHIBITS: A. Sourcewell contract, Ag Tractors 110719-JDC B. John Deere Quote STAFF RECOMMENDATION: Authorize the Mayor to execute a purchase order with Pape Machinery for a Multi-use Tractor for the Airport, and authorize the budget transfer of $17,339.22 from Master Plan Update account (422.725113.015.594.46.63.000) to Snow Removal Equipment a (422.725107.015.594.46.63.000)to cover the cost of the new equipment. AGENDA ITEM #6. d) 110719-JDC 1 Rev. 4/2019 Solicitation Number: RFP#110719 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Deere & Company, 2000 John Deere Run, Cary, NC 27513 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires December 30, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 2 Rev. 4/2019 This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold. C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member. D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase. When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 3 Rev. 4/2019 Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member. B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number x Clearly specify the requested change x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 4 Rev. 4/2019 5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws. 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 5 Rev. 4/2019 D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 6 Rev. 4/2019 The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State; x Customer Zip Code; x Sourcewell Assigned Entity/Member Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 7 Rev. 4/2019 A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 8 Rev. 4/2019 If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING, AND ENDORSEMENT A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 9 Rev. 4/2019 remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 10 Rev. 4/2019 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 11 Rev. 4/2019 B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 12 Rev. 4/2019 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 13 Rev. 4/2019 wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 14 Rev. 4/2019 the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 110719-JDC 15 Rev. 4/2019 K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. Sourcewell Deere & Company By: __________________________ By: __________________________ Jeremy Schwartz Andrew Roman Title: Director of Operations & Procurement/CPO Title: Contract Administrator Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629             AGENDA ITEM #6. d) RFP 110719 - Ag Tractors with Related Attachments, Accessories, and Supplies Vendor Details Company Name: Deere & Company 2000 John Deere Run Address: Cary, NC 27513 Contact: Andrew Roman Email: GovContractSupport@JohnDeere.com Phone: 800-358-5010 2285 Fax: 309-749-2313 HST#: 362382580 Submission Details Created On: Wednesday October 02, 2019 13:10:29 Submitted On: Thursday November 07, 2019 10:26:36 Submitted By: Andrew Roman Email: GovContractSupport@JohnDeere.com Transaction #: fc7b4092-1aab-463f-88f9-e8f4dbc9e793 Submitter's IP Address: 165.225.0.97 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Specifications Table 1: Proposer Identity & Authorized Representatives Line Item Question Response * 1 Proposer Legal Name (and applicable d/b/a, if any): Deere & Company * 2 Proposer Address: 2000 John Deere Run Cary, NC 27513 * 3 Proposer website address: www.johndeere.com * 4 Proposer's Authorized Representative (name, title, address, email address & phone) (The representative must have authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer): Andrew Roman - Contract Administrator 2000 John Deere Run, Cary, NC 27513 GovContractSupport@JohnDeere.com 800-358-5010 Ext. 2285 * 5 Proposer's primary contact for this proposal (name, title, address, email address & phone): Andrew Roman - Contract Administrator 2000 John Deere Run, Cary, NC 27513 GovContractSupport@JohnDeere.com 800-358-5010 Ext. 2285 * 6 Proposer's other contacts for this proposal, if any (name, title, address, email address & phone): Michael Garrette - Government Business Manager 19695 Embers Avenue, Farmington, MN 55024 GarretteRobertM@JohnDeere.com 908-442-3455 Table 2: Company Information and Financial Strength Line Item Question Response * 7 Provide a brief history of your company, including your company’s core values, business philosophy, and industry longevity related to the requested equipment, products or services. Deere & Company, founded in 1837 (collectively called John Deere), began as a simple one- man blacksmith shop. Today it’s grown into corporation that does business around the world and employs over 74,000 people worldwide. The company is guided by the same core values established by its founder: integrity, quality, commitment and innovation. John Deere is the world's leading provider of advanced products and services for agriculture and forestry and a major provider of advanced products and services for construction and lawn & turf. John Deere also provides financial services worldwide and manufactures and markets engines used in heavy equipment. Deere & Company is a global company with offices and factories throughout the U.S. and overseas in countries such as China, India, Poland, Russia and Germany just to name a few. John Deere has been involved with the manufacturing of tractors since 1918. * 8 Provide a detailed description of the products and services that you are offering in your proposal. John Deere will offer its complete product offering for ag tractors, implements and related equipm include: 1. Small, Mid and Large frame ag attachments 2. Material handling attachments (tractor loaders, flail mowers, scrapers, shredders, b 4. Combines 5. Cotton 6. Hay & Forage (balers, disk mowers, etc.) 7. Tillage (plows, harrows, etc.) 8. Planting & Seeding (planters, drills, air seeders) 9. Self propelled sprayers 10. Ag Management Solutions 11. Frontier implements and attachments * Our independent dealer network will provide aftermarket services upon request. 9 What are your company’s expectations in the event of an award? John Deere will be able to offer a wide array of products that fall within the scope of this RFP that will meet and exceed the needs of all Sourcewell members. * 10 Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. Our 2018 Annual Report has been uploaded as part of our proposal. * 11 What is your US market share for the solutions that you are proposing? John Deere considers its market share data to be proprietary information. * 12 What is your Canadian market share, if any? John Deere considers its market share data to be proprietary information. * 13 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. No. * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) 14 How is your organization best described: is it a man your written authorization to act as a distributor/deale with your sales and service force and with your dea John Deere is a manufacturer. a. John Deere has a nationwide dealer network. The dealer netw operated businesses. b. John Deere partners with independently owned John Deere dealers that being offered in the RFP. * 15 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. To the best of our knowledge, Deere & Company maintains all licenses and certifications necessary to conduct its business (e.g. its sale of agricultural equipment) in the United States. * 16 Provide all “Suspension or Disbarment” information that has applied to your organization during the past ten years. Not applicable. * 17 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. List of subcategory products and services John Deere will offer within this RFP include: 1. Material handling attachments (tractor loaders, flail mowers, scrapers, shredders, backhoes) 2. Rotary cutters 3. Combines 4. Cotton 5. Hay & Forage (balers, disk mowers, etc.) 6. Tillage (plows, harrows, etc.) 7. Planting & Seeding (planters, drills, air seeders) 8. Self propelled sprayers 9. Ag Management Solutions 10. Frontier implements and attachments * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Table 3: Industry Recognition & Marketplace Success Line Item Question Response * 18 Describe any relevant industry awards or 2018 recognition that your company has received in Best Global Brand - Interbrand the past five years World's Most Ethical Companies - Ethisphere Institute (12th Year) Top 10 Innovative Company - American Innovation Index Corporate Partner of the Year - National Society of Black Engineers 2017 World's Most Admired Companies - Fortune Magazine # 50 50 Best Places to Work in the US - Indeed.com US Chamber of Commerce Foundation Citizens Award Company of the Year - Society of Hispanic Professional Engineers * 2016 2016 Good Design Award - Good Design is one of the oldest, prestigious and most recognized program for design excellence worldwide. 2015 Gold Status Pillar of the Industry Award - Association of Equipment Manufacturers 2014 Deere & Company has been selected 16th on the 2014 Global Top Companies for Leaders list – a comprehensive study that recognizes best-in-class management practices, especially in the area of leadership development. 19 What percentage of your sales are to the governmental sector in the past three years Due to proprietary information, we would prefer not to provide the sales volume history of government agencies. We can assure you that we are a partner who is fully aligned with governmental customer purchase requirements. With a dedicated governmental sales department that works solely with public agencies and our dealer network, we continue to increase our sales volume in this key segment. * 20 What percentage of your sales are to the education sector in the past three years Due to proprietary information, we would prefer not to provide the sales volume history of education agencies. We can assure you that we are a partner who is fully aligned with educational customer purchase requirements. With a dedicated governmental sales department that works solely with public agencies and our dealer network, we continue to increase our sales volume in this key segment. * 21 List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? John Deere currently holds over 110 government contracts consisting of federal, state, county and cooperative contracts. The state, county and cooperative sales volumes are combined. The sales volumes over the past three years are as follows: 2018 - $305.5M 2017 - $295.5M 2016 - $279.6M * 22 List any GSA contracts that you hold. What is John Deere currently holds the following GSA Contracts: the annual sales volume for each of these Ag Tractor Contract #GS-30F-0007T contracts over the past three years? UV Contract #GS-07F-9670S L&G Contract #GS-06F-0083S * The total sales volume for the GSA contracts over the past three years are as follows: 2019 = $21.0M 2018 - $15.3M 2017 - $17.1M Table 4: References/Testimonials Line Item 23. Supply reference information from three customers who are eligible for Sourcewell membership. Entity Name * Contact Name * Phone Number * Iowa Department of Transportation Jennifer Monserud 515-239-1607 * Mt. San Antonio College, Walnut CA Sandi Horn 909-274-5509 * Anne Arundel County, Maryland Dale Eutsler 410-222-7665 * State of Indiana - Sourcewell Participating Addendum Stephanie Nelson 317-234-0963 State of Arkansas - Sourcewell Participating Addendum John Leverett 501-683-2222 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Table 5: Top Five Government or Education Customers Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years * Coop - Government Texas - TX Complete Price Page Contract for all Varies FY19 = $11.5M Buyboard John Deere product categories. FY18 = $10.4M Grounds FY17 = $13.0M * Maintenance Contract MI - Ag, Government Michigan - MI Complete Price Page Contract for all Varies FY19 = $8.1M Grounds and John Deere product categories. FY18 = $8.6M Roadside FY17 = $11.0M * Equipment Contract OH - Ag Government Ohio - OH Complete Price Page Contract for all Varies FY19 = $12.8M Machinery, Mowers & John Deere product categories. FY18 = $20.7M FY17 = $17.4M * Tractors Contract OK - Government Oklahoma - OK John Deere Ag Tractors and Related Varies FY19 = $11.5M Agriculture, Equipment FY18 = $10.3M Trees & Brush Maintenance FY17 = $7.0M * Equipment Contract PA - Ag and Government Pennsylvania - PA Complete Price Page Contract for all Varies FY19 = $9.2M Grounds John Deere product categories. FY18 = $9.8M Keeping Power FY17 = $8.3M * Equipment Contract DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Table 6: Ability to Sell and Deliver Service Describe your company’s capability to meet the needs of Sourcewell Members across the US, and Canada if applicable.Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response * 25 Sales force. John Deere has dedicated governmental sales department, based out of Cary, NC, that focuses 100% of their time on the sales and processing of agricultural and turf equipment to governmental and other public agencies. We have a total of 6 Government Business Managers, one of which is dedicated strictly to federal sales. The 5 remaining Government Business Managers are ultimately responsible for state governmental sales in their respective geographies, dedicating 100% of their time to growing the John Deere governmental sales business. The government business managers develop relationships and understand the equipment needs of federal purchasing agents, state purchasing agents and state fleet administrators, i.e. Department of Transportation, Department of Natural Resources. The government business managers also work with John Deere dealers to provide training and a greater understanding of the selling process. The John Deere dealer is ultimately responsible for delivering and supporting the equipment. In relation to the potential Sourcewell Ag Tractors with Related Attachment Contract, the government business managers would promote the contract to state purchasing agents and state fleet administrators, who either do not have their own state purchasing contract or have product gaps in their contracts. * 26 Dealer network or other distribution methods. John Deere has a nationwide independent dealer network offering best-in-class parts, service, and support. We know the government customer and make everything easy, from the initial purchase to service and support. Our dealer network, with over 1,700 locations nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after-hours service (varies by dealer) and online support (online parts ordering system), which gives end-users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed. Most dealers also offer some form of mobile maintenance service, which provides on-site service. Dealer technicians are factory-trained on the service and support of the products offered in this RFP. * 27 Service force. John Deere has a nationwide independent dealer network offering best-in-class parts, service, and support. We know the government customer and make everything easy, from the initial purchase to service and support. Our dealer network, with over 1,700 locations nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after-hours service (varies by dealer) and online support (online parts ordering system), which gives end-users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed. Most dealers also offer some form of mobile maintenance service, which provides on-site service. Dealer technicians are factory-trained on the service and support of the products offered in this RFP. * 28 Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. The support of the equipment ultimately takes place through the John Deere dealer network. While customer service inevitably varies within the dealer network, the consistent training that is offered by John Deere Company to dealer technicians and parts personnel helps provide each agency with a similar customer experience. Should there be a need for equipment service, it will be the Sourcewell member’s responsibility to contact the delivering dealer for service. The member can also work with other dealers if necessary, as warranty and service work can be performed by any authorized John Deere dealer. In the event of service issues that cannot be solved by the John Deere dealer, the dealer works with John Deere Company’s dealer technical assistance center for elevated support. * As far as the John Deere Government Sales Department, we have an entire department of approximately 30 people dedicated to government sales. This includes an Order Management Team, that within an average of 7 days of submission, audits and processes every PO to verify contract pricing and verify the items quoted are eligible for the contract. Contract Administrators in the department ensure contract compliance is maintained. 29 Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract. John Deere will serve the entire United States, including Alaska and Hawaii and Canada. * 30 Identify any Sourcewell Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? John Deere will serve all Sourcewell Member sectors. * 31 Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. John Deere will only ship to Alaska and Hawaii. For deliveries to Alaska or Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. The equipment will be FOB origin. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. For all other deliveries within the continental US, the equipment will be FOB destination (the Sourcewell member will NOT be charged factory freight to the delivering dealer). * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Table 7: Marketing Plan Line Item Question Response * 32 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. John Deere currently uses several forms of marketing to target the governmental and public customer segment: 1. We have created a website where we prominently advertise the cooperative contracts we currently hold. 2. Each year, the company produces a purchasing guide for government equipment. This purchasing guide, available in both print and electronic Flash Drive format, is used by the John Deere dealer network to promote the products. 3. John Deere provides templates online for dealers to create their own mailings to promote products to governmental and public agencies. * 4. John Deere also prints detailed marketing brochures for the products being offered in this RFP. This literature is made available to dealers and includes features and benefits and equipment specifications. A sample of marketing materials have been uploaded for review. The Marketing Literature Sample.pdf contains 2019 Government Calendar, 2019 Government Municipal Lease Literature, Government Sales Folder Packet and Government Sport Turf Banner. 33 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. JohnDeere.com provides detailed product information for the products being offered in this RFP. Customers are able to view information on product features, specifications, and accessories. Utilizing JohnDeere.com, Sourcewell members would be able to “build-their-own” product. Customers choose the product category and subsequent product options to configure their desired piece of equipment. Manufacturer’s Suggested Retail List Price is shown. The website will not show the Sourcewell contract discount, but if the Sourcewell member knows the discount on the particular product category, they will be able to determine their purchase price. * 34 In your view, what is Sourcewell’s role in pro Sourcewell- awarded contract into your sales Sourcewell will play a key role in working with and supporting the John Deere Government Business Managers, by helping the Business Managers promote the Sourcewell contract and recognize key opportunities in states that show a willingness to adopt Sourcewell. Conference calls and/or webinars with the John Deere Government Business Managers will be a valuable tool. Because the Business Managers have a strong relationship with the John Deere dealers, the business managers will help the dealers understand the contract and market it in their particular areas. The business managers will help the John Deere dealers understand the steps necessary to sign up new Sourcewell members as well. Furthermore, in certain geographies, webinars could be used to help John Deere dealers understand the Sourcewell contract. These opportunities would typically be initiated by John Deere and considered on an individual basis depending on the needs of a particular region. * 35 Are your products or services available throu e- procurement system and how governmen We currently use E-procurement systems in North Carolina and Virginia (eVA) because we are contractually required to do so. The system does provide the state a constant record of sales activity, however, administratively, E-procurement is not a seamless process for us. When it comes to John Deere equipment, there are thousands of equipment configurations. Because Deere’s price pages are in pdf format, we cannot just simply upload the pricing into the E-procurement systems. We have to manually construct base machines by model and enter them individually. Doing it this way means the agency is not getting the complete picture of what we have available. They’re only getting a “sample”. For this most part, agencies still feel most comfortable with working directly with the dealer to ensure they’re getting equipment that will best suit their needs. * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Table 8: Value-Added Attributes Line Item Question Response * 36 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell Members. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. The John Deere dealer is ultimately responsible for delivering and supporting the equipment. However, any Sourcewell member will be encouraged to call the John Deere governmental sales direct toll-free number (800-358-5010, option 2) for assistance with locating their nearest dealer. John Deere does offer distance-learning classes on the operation and adjustment of equipment for certain products. To date, this has primarily been for larger equipment, targeted at farm customers. Many John Deere dealers offer local training, which is at the discretion of the dealer. * 37 Describe any technological advances that your proposed products or services offer. John Deere Power Tech Final Tier 4 engines 75 HP and above are built on a proven platform of emissions control technologies including: 1. Cooled exhaust gas recirculation (EGR) 2. Exhaust filters 3. Selective catalytic reduction (SCR) * ExactRate Planter Fertilizer System 1. Reduces fertilizer usage by up to 8%. 2. Improve fertilizer placement accuracy by up to 20% 38 Describe any “green” initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. John Deere has created a Product Sustainability goal where we offer machines and technology solutions include: 1. Reduce environment impact, including CO2 emissions on 90% o 2. Increase the use of sustainable materials by growing remanufactured and rebuild sales by 30%. 3. Increasing recyclable, renewable and recycled content. * 39 Identify any third-party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. Sustainability is foundational to the John Deere strategy. We are committed to reducing the environmental impact on 90% of new products to include carbon emission reductions and invest $4 Million dollars per day in research and development. Further we have received the following awards: Best Global Brands - Interbrand Top Ten Innovative Companies in U.S. - American Innovation Index World's Most Ethical Companies - Ethisphere Institute * 40 Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. John Deere continues to proactively engage small and diverse businesses to support the economic growth of communities. A recent small business compliance review reaffirmed John Deere truly has an active Supplier Diverse program. * 41 What unique attributes does your company, your products, or your services offer to Sourcewell Members? What makes your proposed solutions unique in your industry as it applies to Sourcewell members? John Deere’s founder was best known for his work with the first commercially successful plow. And so it is today that we are perhaps best known for our quality agricultural equipment. We also take the lead worldwide in construction and forestry equipment. We're a major force in grounds maintenance and commercial landscape equipment. Also, John Deere Financial is one of the largest equipment finance companies. * 42 Identify your ability and willingness to provide your products and services to Sourcewell member agencies in Canada. John Deere will serve Sourcewell member agencies in Canada. The Canadian John Deere dealer network is able to service equipment throughout Canada. * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response * 43 Do your warranties cover all products, parts, and labor? See paragraph A of the attached warranty statement. * 44 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Per the attached warranty statement paragraph B, the warranty term (time period and usage limits) varies by product. * 45 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? Per the attached warranty statement paragraph A, the purchaser will be responsible for any service call and/or transportation of equipment to and from the authorized dealer’s place of business (except where prohibited by law), for any premium charged for overtime labor requested by the purchaser and for any service and/or maintenance not directly related to any defect covered under these warranties. * 46 Are there any geographic regions of the United States (and Canada, if applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell Members in these regions be provided service for warranty repair? The John Deere dealer network is able to service equipment throughout the United States and Canada. * 47 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? John Deere is only submitting equipment manufactured by John Deere. * 48 What are your proposed exchange and return programs and policies? John Deere exchanges and returns will not be permitted. * 49 Describe any service contract options for the items included in your proposal. John Deere is not including service contract options with our proposal. * Table 10: Payment Terms and Financing Options Line Item Question Response * 50 What are your payment terms (e.g., net 10, net 30)? John Deere's payment terms are Net 30. * 51 Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? John Deere offers financing and leasing options through John Deere Financial. The John Deere Municipal Lease Purchase Plan is a special low- rate financing plan that is designed to provide flexibility of leasing while building equity toward ownership of the John Deere equipment. Any state or local government body or their political subdivisions may be eligible for the John Deere Municipal Lease Purchase Plan, subject to approval and if the agencies rules and guidelines allow. John Deere Financial also offers other leasing and financing options for governmental, educational, and non- profit entities, subject to approval. * 52 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell Members’ purchase orders. The order process will follow a Business-to-Government order process. Our dealer network will be quoting equipment, accepting purchase orders, delivering and servicing the equipment. The Sourcewell Member or John Deere dealer will submit a purchase order to John Deere Government Sales for processing, noting the Sourcewell contract number on the PO and the Member’s preferred delivering dealer. John Deere will invoice the member upon delivery of the product. The equipment will be delivered by the designated dealer. * 53 Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell Members for using this process? No. * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response * 54 Describe your pricing model (e.g., line-item discounts or product- cat materials (if applicable) in the document upload section of your resp John Deere is offering product-category discounts. See uploaded Price Schedule and Price Pages.pdf. * 55 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. The percentage discount range is 14% to 24% off Current MSRP. * 56 Describe any quantity or volume discounts or rebate programs that you offer. John Deere offers a Multiple Unit Discount (MUD) based on the following schedule: 3-4 units – 1% 5-6 units – 2% 7-8 units – 3% 9 units or more – 4% * For sales of three or more like self-propelled equipment sold to one customer on the same purchase order qualifies for an additional discount. Implements and attachments sold with and for self-propelled ride-on machines are also eligible for multi-unit discounts, but do not count towards the total number of ride-on units, which determines the multi-unit discount percentage. Frontier Equipment is excluded from the Multiple Unit Discount. 57 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request. John Deere can offer “Sourced Goods” to Sourcewell Members. What Sourcewell calls “Sourced Goods” John Deere calls non-contract items and allied items. We define non-contract as John Deere items that are not on contract (like parts and catalog items that say “See Parts” or “See Catalog” in our price pages). Allied equipment is defined as non-John Deere equipment (ex. Tiger mower). Non-contract and allied items would be sold as “open market” and the price of the item would be negotiated between the John Deere dealer and the Sourcewell Member. The non-contract/allied item would appear on the purchase order (PO) with the contract item but would be listed as “non-contract”. For example, a Sourcewell Member could purchase a John Deere Ag Tractor, a canopy (non-contract) and a Tiger mower (allied) by utilizing the Sourcewell contract. The price of the canopy and Tiger mower would be determined by the John Deere dealer and both would be listed on the PO as non-contract items. We successfully use this process on other contracts. * 58 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre-delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. The dealer may charge $4.00 per loaded mile to deliver equipment from the dealership to the agency's location. The charge must appear on the quote or purchase order. * 59 If freight, delivery, or shipping is an additional cost to the Sourcewell Member, describe in detail the complete freight, shipping, and delivery program. For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. * The dealer may charge $4.00 per loaded mile to deliver equipment from the dealership to the agency's location. The charge must appear on the quote or purchase order. 60 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. * 61 Describe any unique distribution and/or delivery methods or options offered in your proposal. None. * Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: * Comments 62 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Table 13: Audit and Administrative Fee Line Item Question Response * 63 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. The Sourcewell member will receive their equipment quote directly from the John Deere dealer. The dealer is able to create the quote by utilizing the contract information (discounts, contract guidelines, eligible equipment, etc.) that we have posted on our website as well as a quoting tool that we’ve made available to them. The member will submit their purchase order (PO), with contract number noted, to the dealer. John Deere will be listed as the vendor on the PO and the dealer, who created the quote, will be the delivering dealer. The dealer will then upload the quote and the PO to Deere’s online order management system. Our Order Management Team will then retrieve the quote and the PO and audit them based on the contract guidelines. If an issue is discovered with PO and/or quote, the Order Management Team will then contact the dealer and work with the dealer and the member to get the issue resolved. * 64 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.) John Deere will pay a 1% administrative fee. * Table 14: Industry Specific Questions Line Item Question Response * 65 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. John Deere looks forward to annual business reviews with Sourcewell account managers. During these reviews, we discuss plans and volume goals and normally include percentage sales increase. Our metrics & goals for 2020 and beyond includes this discussion. * 66 Describe any industry-specific quality management system certifications obtained by your organization. Several John Deere manufacturing facilities operate a quality management system which compiles with the requirements of ISO 9001. * 67 Describe any preventative maintenance programs that your organization offers for the solutions you are proposing in this response. John Deere is not providing preventive maintenance programs as part of its RFP response. However, Sourcewell Members will be able to purchase these programs directly from dealers utilizing the “Sourced Equipment/Products and/or related Services” method outlined in Line Item 57 in Table 11: Pricing and Delivery. * Table 15: Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” Financial Strength and Stability - 2018_John-Deere-Annual-Report.pdf - Monday November 04, 2019 12:17:59 Marketing Plan/Samples - Marketing Literature Samples.pdf - Monday November 04, 2019 15:58:35 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information - Warranty Stmt - Ag & Turf.pdf - Monday November 04, 2019 12:18:39 Pricing - Price Schedule and Price Pages.pdf - Tuesday November 05, 2019 14:17:01 Additional Document - Supplement Information.pdf - Wednesday November 06, 2019 10:47:12 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Proposers Assurance of Comp PROPOSER ASSURANCE OF COMPLIANCE PROPOSER’S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals. 4. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer’s Proposal. 5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 6. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 8. The Proposer understands that Sourcewell will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota’s Data Practices Act. The Proposer understands that it is the Proposer’s duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation. By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Andrew Roman, Contract Administrator The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages RFP 110719 - Ag Tractors - Addendum_3 -- Fri November 1 2019 07:13 AM RFP110719 - Ag Tractors -Addendum_2 -- Mon October 21 2019 11:45 AM RFP110719 - Ag Tractors - Addendum_1 -- Mon September 23 2019 09:03 AM DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 AGENDA ITEM #6. d) Page 1 of 2 AMENDMENT #1 TO CONTRACT #110719-JDC THIS AMENDMENT is by and between Sourcewell and Deere & Company (Vendor). Vendor was awarded a Sourcewell Contract for Ag Tractors with Related Attachments, Accessories, and Supplies effective December 23, 2019, through December 30, 2023, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement). The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent as hereunder provided. IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows: 1. This Amendment is effective upon the date of the last signature below. 2. The parties agree that delivery will be 90-180 days after receipt of order (ARO) for agricultural equipment. Remainder of page intentionally left blank.        AGENDA ITEM #6. d) Page 2 of 2 Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell Deere & Company By: By: Authorized Signature Authorized Signature Jeremy Schwartz Andrew Roman Name – Printed Name – Printed Title: Director of Operations & Procurement/CPO Title: Date: Date: Sourcewell–APPROVED: By: Authorized Signature Chad Coauette Name – Printed Title: Executive Director/CEO Date:                      AGENDA ITEM #6. d) Sourcewell Contract # 110719-JDC | Amendment #2 Page 1 of 1 AMENDMENT#2 TO CONTRACT #110719-JDC THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Deere & Company (Vendor). Sourcewell awarded a contract to Vendor to provide Ag Tractors with Related Attachments, Accessories, and Supplies, to Sourcewell and its Participating Entities, effective December 23, 2019, through December 30, 2023 (Original Agreement). The parties wish to amend the Contract to add: Upon a Dealer’s acceptance of this Contract’s Terms and Conditions, Supplier authorizes Dealers to sell directly to Participating Entities; this includes accepting Purchase Orders and Invoicing Participating Entities. In the event a Dealer does not accept this Contract’s Terms and Conditions, Supplier may sell directly to Participating Entitles. Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell Deere & Company By: By: Jeremy Schwartz Andrew Roman Title: Director of Operations & Procurement/CPO Title: Date: Date: Approved: By: Chad Coauette, Executive Director/CEO Date: drew Roman ŽŶƚƌĂĐƚĚŵŝŶƐƚƌĂƚŽƌ :ƵůLJϭ͕ϮϬϮϮ                    AGENDA ITEM #6. d) Quotes of equipment offered through contracts between Deere & Company, its divisions and subsidiaries (collectively “Deere”) and government agencies are subject to audit and access by Deere's Strategic Accounts Business Division to ensure compliance with the terms and conditions of the contracts. Vendor: Deere & Company 2000 John Deere Run Cary, NC 27513 Signature on all LOIs and POs with a signature line Contract name or number; or JD Quote ID Sold to street address (no PO box) Bill to email address (required to send the invoice and/or to obtain the tax exemption certificate Customer: Quotes are valid for 30 days from the creation date or upon contract expiration, whichever occurs first. A Purchase Order (PO) or Letter of Intent (LOI) including the below information is required to proceed with this sale. The PO or LOI will be returned if information is missing. Scott Nordeen Pape Machinery, Inc. 2700 136th Ave Ct E Sumner,WA 98390 Tel: 253-863-4436 Fax: 253-863-1523 Email:snordeen@papemachinery.com For any questions, please contact: Ship to street address (no PO box) Bill to contact name and phone number Bill to address Membership number if required by the contract AGENDA ITEM #6. d) Date:22 July 2022 Offer Expires: 29 July 2022 Confidential Quote Id: 27121080 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com Prepared For: RENTON AIRPORT Proposal For: Delivering Dealer: Scott Nordeen Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 agsumner@papemachinery.com Quote Prepared By: Scott Nordeen snordeen@papemachinery.com AGENDA ITEM #6. d) ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com Confidential Salesperson : X ______________Accepted By : X ______________ Quote Summary Prepared For: RENTON AIRPORT 616 W PERIMETER RD UNIT ARENTON, WA 98057Business: 425-430-7471 Delivering Dealer: Pape Machinery, Inc.Scott Nordeen2700 136th Ave Ct ESumner, WA 98390 Phone: 253-863-4436snordeen@papemachinery.com This sale is subject to Papé’s Terms and Conditions of Sale effective on the date hereof, which are incorporated in full by this reference. The Terms and Conditions of Sale are available at www. pape.com/terms , and will also be sent by mail or e-mail to the purchaser upon request. Quote ID:27121080 22 July 2022 21 September 2022 Created On: Last Modified On: Expiration Date:29 July 2022 Equipment Summary Selling Price Qty Extended JOHN DEERE 5115M PowrReverser™ Utility Tractor $ 74,354.98 X 1 =$ 74,354.98 Contract: Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date: July 21, 2022 JOHN DEERE 540R Standard Farm Loader $ 13,315.01 X 1 =$ 13,315.01 Contract: Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date: July 21, 2022 Frontier FM1017R Rear Discharge Flex-Wing Grooming Mower with Light Bar $ 28,110.42 X 1 =$ 28,110.42 Contract: Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date: September 20, 2022 Frontier AF11E - 7 Ft. Boom Mounted Front Blade with Manual Angle for Current 300/400/500 Series Carrier $ 4,274.66 X 1 =$ 4,274.66 Contract: Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date: September 20, 2022 Frontier SB2176 - 76 In. Hydraulic, 400 Series Carrier Loader Mount Snowblower $ 21,734.43 X 1 =$ 21,734.43 Contract: Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date: September 20, 2022 AGENDA ITEM #6. d) ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com Confidential Salesperson : X ______________Accepted By : X ______________ Frontier SW2184 - 84 In. Hydraulic, 400 Series Carrier Loader Mount Rotary Broom $ 11,409.31 X 1 =$ 11,409.31 Contract: Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date: September 20, 2022 Frontier AP12F Fixed Pallet Fork for Current 200/300/400/500 Series Carrier $ 1,361.20 X 1 =$ 1,361.20 Contract: Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date: September 20, 2022 Frontier AD11E - 72 In. Debris Grapple Bucket for Current 300/400/500 Series Carrier $ 4,694.50 X 1 =$ 4,694.50 Contract: Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date: September 20, 2022 Equipment Total $ 159,254.51 * Includes Fees and Non-contract items Quote Summary Equipment Total $ 159,254.51 Trade In SubTotal $ 159,254.51 Sales Tax - (10.10%)$ 16,084.71 Est. Service Agreement Tax $ 0.00 Total $ 175,339.22 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 175,339.22 AGENDA ITEM #6. d) Quote Id: 27121080 Customer Name:RENTON AIRPORT Selling Equipment Confidential ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com JOHN DEERE 5115M PowrReverser™ Utility Tractor Hours: Stock Number: Contract:Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date:July 21, 2022 Selling Price * $ 74,354.98 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount%Discount Amount Contract Price Extended Contract Price 254FPY 5115M PowrReverser™ Utility Tractor 1 $ 76,922.00 22.00 $ 16,922.84 $ 59,999.16 $ 59,999.16 Standard Options - Per Unit 183A JDLink™ Capable 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 185A JDLink™ Connectivity 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0202 United States 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0409 English Operators Manual 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1390 PowrReverser™ Hi-Lo 32F/16R 40 km/h 1 $ 1,928.00 22.00 $ 424.16 $ 1,503.84 $ 1,503.84 1725 Loader Prep Package 1 $ 1,963.00 22.00 $ 431.86 $ 1,531.14 $ 1,531.14 2055 Standard Cab 1 $ 13,657.00 22.00 $ 3,004.54 $ 10,652.46 $ 10,652.46 2120 Air Suspension seat 1 $ 965.00 22.00 $ 212.30 $ 752.70 $ 752.70 2400 Less Instructional Seat 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2500 Less Rear View Mirrors 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 3025 Corner Post Deluxe Exhaust 1 $ 686.00 22.00 $ 150.92 $ 535.08 $ 535.08 3326 3 Mechanical Stackable Rear SCV 1 $ 1,007.00 22.00 $ 221.54 $ 785.46 $ 785.46 3420 2 Stackable Mid SCVs with Mechanical Joystick control 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 3820 Two Speed PTO - 540/540E 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4030 Electronic Hitch Control with Remote Control on LH Fender 1 $ 540.00 22.00 $ 118.80 $ 421.20 $ 421.20 4110 Telescoping Draft Links with Ball End - Category 2 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4160 LH Only Adjustment Lift Link 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4210 Mechanical Center Link with Ball Ends - Category 2 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 AGENDA ITEM #6. d) Quote Id: 27121080 Customer Name:RENTON AIRPORT Selling Equipment Confidential ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com 4420 LH & RH Stabilizer Bar 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 5192 19.5L-24 In. 10PR R4 Bias 1 $ -2,297.00 22.00 $ -505.34 $ -1,791.66 $ -1,791.66 5999 No Rear Tire Brand Preference 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6040 MFWD Front Axle 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6133 12.5/80-18 In. 12PR R4 Bias 1 $ -1,777.00 22.00 $ -390.94 $ -1,386.06 $ -1,386.06 6799 No Front Tire Brand Preference 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 8386 PTO Remote Control and LH and RH Fenders 1 $ 70.00 22.00 $ 15.40 $ 54.60 $ 54.60 8458 70 mm Hitch Lift Cylinder 1 $ 388.00 22.00 $ 85.36 $ 302.64 $ 302.64 8955 Front Weight Support - (55 kg/121 lbs) 1 $ 209.00 22.00 $ 45.98 $ 163.02 $ 163.02 Standard Options Total $ 17,339.00 $ 3,814.58 $ 13,524.42 $ 13,524.42 Dealer Attachments/Non-Contract/Open Market BSJ10101 3rd Mid SCV (upgrade from 2 Mid SCV) 1 $ 1,065.90 22.00 $ 234.50 $ 831.40 $ 831.40 Dealer Attachments Total $ 1,065.90 $ 234.50 $ 831.40 $ 831.40 Total Selling Price $ 95,326.90 $ 20,971.92 $ 74,354.98 $ 74,354.98 JOHN DEERE 540R Standard Farm Loader Equipment Notes: Hours: Stock Number: Contract:Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date:July 21, 2022 Selling Price * $ 13,315.01 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount%Discount Amount Contract Price Extended Contract Price 0BEAP 540R Standard Farm Loader 1 $ 12,179.00 24.00 $ 2,922.96 $ 9,256.04 $ 9,256.04 Standard Options - Per Unit 0202 United States 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 0409 English 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 0500 Less Package 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 1510 Mounting Frame 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 AGENDA ITEM #6. d) Quote Id: 27121080 Customer Name:RENTON AIRPORT Selling Equipment Confidential ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com 2533 540R Mechanical Self- Leveling Farm Loader Three Function 1 $ 2,136.00 24.00 $ 512.64 $ 1,623.36 $ 1,623.36 3565 Three-Function Hoses and Parts 1 $ 253.00 24.00 $ 60.72 $ 192.28 $ 192.28 4650 Three-Function Single-Point Coupler, Loader Half (Loader Ready) 1 $ 219.00 24.00 $ 52.56 $ 166.44 $ 166.44 5518 Hood Guard 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 6995 Less Ballast Box 1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00 7510 John Deere 500 - Style Carrier 1 $ -133.00 24.00 $ -31.92 $ -101.08 $ -101.08 8425 1850-mm (73 in) Global General Purpose Bucket (JD Carrier) 1 $ -271.00 24.00 $ -65.04 $ -205.96 $ -205.96 Standard Options Total $ 2,204.00 $ 528.96 $ 1,675.04 $ 1,675.04 Dealer Attachments/Non-Contract/Open Market BW16765 Hood Guard 1 $ 558.80 24.00 $ 134.11 $ 424.69 $ 424.69 BW17029 1850mm (73in.) General Purpose Bucket - 500 Style 1 $ 1,406.90 24.00 $ 337.66 $ 1,069.24 $ 1,069.24 1000 rear tire fill 1 $ 890.00 0.00 $ 0.00 $ 890.00 $ 890.00 Dealer Attachments Total $ 2,855.70 $ 471.77 $ 2,383.93 $ 2,383.93 Total Selling Price $ 17,238.70 $ 3,923.69 $ 13,315.01 $ 13,315.01 Frontier FM1017R Rear Discharge Flex-Wing Grooming Mower with Light Equipment Notes: Hours: Stock Number: Contract:Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date:September 20, 2022 Selling Price * $ 28,110.42 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount%Discount Amount Contract Price Extended Contract Price 0423XF FM1017R Rear Discharge Flex-Wing Grooming Mower with Light Bar 1 $ 34,281.00 18.00 $ 6,170.58 $ 28,110.42 $ 28,110.42 AGENDA ITEM #6. d) Quote Id: 27121080 Customer Name:RENTON AIRPORT Selling Equipment Confidential ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com Total Selling Price $ 34,281.00 $ 6,170.58 $ 28,110.42 $ 28,110.42 Frontier AF11E - 7 Ft. Boom Mounted Front Blade with Manual Angle for Equipment Notes: Hours: Stock Number: Contract:Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date:September 20, 2022 Selling Price * $ 4,274.66 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount%Discount Amount Contract Price Extended Contract Price 2093XF AF11E - 7 Ft. Boom Mounted Front Blade with Manual Angle for Current 300/400/500 Series Carrier 1 $ 3,646.00 18.00 $ 656.28 $ 2,989.72 $ 2,989.72 Standard Options - Per Unit 9000 Hydraulic angle Kit for 6 Ft. and 7 Ft. AF11E 1 $ 823.00 18.00 $ 148.14 $ 674.86 $ 674.86 9020 Rubber Edge Kit 1 $ 744.00 18.00 $ 133.92 $ 610.08 $ 610.08 Standard Options Total $ 1,567.00 $ 282.06 $ 1,284.94 $ 1,284.94 Total Selling Price $ 5,213.00 $ 938.34 $ 4,274.66 $ 4,274.66 Frontier SB2176 - 76 In. Hydraulic, 400 Series Carrier Loader Mount Equipment Notes: Hours: Stock Number: Contract:Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date:September 20, 2022 Selling Price * $ 21,734.43 * Price per item - includes Fees and Non-contract items AGENDA ITEM #6. d) Quote Id: 27121080 Customer Name:RENTON AIRPORT Selling Equipment Confidential ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com Code Description Qty List Price Discount%Discount Amount Contract Price Extended Contract Price 3821XF SB2176 - 76 In. Hydraulic, 400 Series Carrier Loader Mount Snowblower 1 $ 20,917.00 18.00 $ 3,765.06 $ 17,151.94 $ 17,151.94 Standard Options - Per Unit 1010 HP2134 - Hydraulic Power Unit, 34 HP 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00 2000 Oil Cooler for HP2025 and HP2134 Hydraulic Power Units 1 $ 0.00 18.00 $ 0.00 $ 0.00 $ 0.00 3010 Hydraulic Chute Deflection 1 $ 886.00 18.00 $ 159.48 $ 726.52 $ 726.52 Standard Options Total $ 886.00 $ 159.48 $ 726.52 $ 726.52 Dealer Attachments/Non-Contract/Open Market 5RDF0078 Wiring Harness for HP2025 and HP2134 Hydraulic Power Units to control Loader Mounted Attachment 1 $ 202.40 18.00 $ 36.43 $ 165.97 $ 165.97 10002 custom Mounting to Fit 500 loader 1 $ 3,690.00 0.00 $ 0.00 $ 3,690.00 $ 3,690.00 Dealer Attachments Total $ 3,892.40 $ 36.43 $ 3,855.97 $ 3,855.97 Total Selling Price $ 25,695.40 $ 3,960.97 $ 21,734.43 $ 21,734.43 Frontier SW2184 - 84 In. Hydraulic, 400 Series Carrier Loader Mount Rotary Equipment Notes: Hours: Stock Number: Contract:Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date:September 20, 2022 Selling Price * $ 11,409.31 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount%Discount Amount Contract Price Extended Contract Price 1593XF SW2184 - 84 In. Hydraulic, 400 Series Carrier Loader Mount Rotary Broom 1 $ 21,683.00 18.00 $ 3,902.94 $ 17,780.06 $ 17,780.06 AGENDA ITEM #6. d) Quote Id: 27121080 Customer Name:RENTON AIRPORT Selling Equipment Confidential ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com Standard Options - Per Unit 1095 Less Hydraulic Power Unit 1 $ -10,314.00 18.00 $ -1,856.52 $ -8,457.48 $ -8,457.48 2095 Less Oil Cooler 1 $ -2,590.00 18.00 $ -466.20 $ -2,123.80 $ -2,123.80 Standard Options Total $ -12,904.00 $ -2,322.72 $ -10,581.28 $ -10,581.28 Dealer Attachments/Non-Contract/Open Market 5RDF0033 SW21 Gauge Wheel Kit 1 $ 1,023.00 18.00 $ 184.14 $ 838.86 $ 838.86 5RDF0032 SW2184 Dust Deflector Kit 1 $ 385.00 18.00 $ 69.30 $ 315.70 $ 315.70 5RDF0078 Wiring Harness for HP2025 and HP2134 Hydraulic Power Units to control Loader Mounted Attachment 1 $ 202.40 18.00 $ 36.43 $ 165.97 $ 165.97 1000 custom Mounting to Fit 500 loader 1 $ 2,890.00 0.00 $ 0.00 $ 2,890.00 $ 2,890.00 Dealer Attachments Total $ 4,500.40 $ 289.87 $ 4,210.53 $ 4,210.53 Total Selling Price $ 13,279.40 $ 1,870.09 $ 11,409.31 $ 11,409.31 Frontier AP12F Fixed Pallet Fork for Current 200/300/400/500 Series Carrier Equipment Notes: Hours: Stock Number: Contract:Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date:September 20, 2022 Selling Price * $ 1,361.20 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount%Discount Amount Contract Price Extended Contract Price 2153XF AP12F Fixed Pallet Fork for Current 200/300/400/500 Series Carrier 1 $ 1,601.00 18.00 $ 288.18 $ 1,312.82 $ 1,312.82 Standard Options - Per Unit 1010 48 In. Pallet Tine 1 $ 59.00 18.00 $ 10.62 $ 48.38 $ 48.38 Standard Options Total $ 59.00 $ 10.62 $ 48.38 $ 48.38 Total Selling Price $ 1,660.00 $ 298.80 $ 1,361.20 $ 1,361.20 AGENDA ITEM #6. d) Quote Id: 27121080 Customer Name:RENTON AIRPORT Selling Equipment Confidential ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Pape Machinery, Inc. 2700 136th Ave Ct E Sumner, WA 98390 253-863-4436 agsumner@papemachinery.com Frontier AD11E - 72 In. Debris Grapple Bucket for Current 300/400/500 Equipment Notes: Hours: Stock Number: Contract:Sourcewell Ag Tractors 110719-JDC (PG 1P CG 70) Price Effective Date:September 20, 2022 Selling Price * $ 4,694.50 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount%Discount Amount Contract Price Extended Contract Price 2062XF AD11E - 72 In. Debris Grapple Bucket for Current 300/400/500 Series Carrier 1 $ 5,725.00 18.00 $ 1,030.50 $ 4,694.50 $ 4,694.50 Total Selling Price $ 5,725.00 $ 1,030.50 $ 4,694.50 $ 4,694.50 AGENDA ITEM #6. d) JDLink Account Setup Form THIS FORM MUST BE TURNED IN TO REGION SALES ADMINISTRATOR AT THE TIME OF SETTLEMENT. Territory Manager CSA Machine Serial Number Company/Customer Name Business Address Phone JDLink Admin Information First Name Last Name E-mail Address Ask customer if they have an existing MyJohnDeere/JDLink Account Sales Admin Initials MJD/JDLink Username Opt Out of Active Data Monitoring Terminate the collection or sharing of JDLink data for use in monitoring or diagnosing or providing service solutions. By signing you agree to cancel subscriptions, disengage the data collection modules, and are deactivating your machine permanently. Signature Date SALES ADMINISTRATOR MUST SUBMIT COMPLETED FORM WITH SETTLEMENT PAPERWORK. AGENDA ITEM #6. d) 2-1700 E (3/11) Page 2 of 2 Init. TERMS AND CONDITIONS OF SALE TERMS AND CONDITIONS OF SALE: Sales Orders are based on the terms and conditions stated herein. Unless otherwise provided on the face hereof, offers are good for acceptance for a period of 30 days from the date hereof. An order by the Buyer shall constitute an acceptance of the terms and conditions herein proposed. If, and only if, no offer of sale is issued by Seller, then the invoice shall be deemed: an acceptance of the Buyer's order; a written confirmation; and a final, complete, and exclusive written expression of the agreement between Seller and Buyer. Buyer is hereby notified that additional or different terms from those contained herein are objectionable. 1. Taxes. Buyer shall pay all local, state, and federal taxes arising from or related to any sale or lease to which this document relates, except for taxes upon or measured by net income of Seller. 2. Delivery. Stated or promised delivery dates are estimates only based upon Seller's best judgment and Seller shall not be responsible for deliveries later than promised regardless of the cause. Delivery periods are projected from the date of receipt of any order by Seller, but if equipment to be furnished by Seller is to be manufactured specifically to fill a particular order, delivery periods will be projected from the date of Seller's receipt of complete manufacturing information. If the furnishing of equipment on orders accepted by Seller is hindered or prevented by public authority or by the existence of war or other contingencies, including, but not limited to, shortage of materials, fires, labor difficulties, accidents, delays in manufacture or transportation, acts of God, embargoes, inability to ship, inability to insure against war risks or substantially increased prices or freight rates, or other causes beyond Seller's control, the obligation to fill or complete such orders shall be excused by Seller's option. 3. Transportation and Claims. Prices quoted are net F.O.B. point designated in writing by Seller. When no F.O.B. point is designated in writing by Seller, prices for new equipment shall be deemed to be net F.O.B. point of manufacture and prices for all other equipment shall be deemed to be F.O.B. Seller's place of business at which the order for the equipment is accepted. When transportation is allowed, the price charged will be adjusted to reflect the lowest transportation rates in effect at the time of shipment even though such rates may differ from those quoted by Seller. Seller's responsibility for the equipment shall cease and all risk of loss shall become the Buyer's upon delivery of the equipment to the first carrier for shipment to the Buyer or his consignee, even though such delivery shall be made prior to the arrival of the equipment at the F.O.B. point designated, and any and all claims for shortages, deliveries, damages or non-delivery must be made by the Buyer or his consignee to the carrier. Seller shall in no event be responsible for shortages in shipments unless notice of such shortage is given in writing to Seller within 15 days after receipt of shipment. 4. Payment and Security. Buyer agrees to pay in full for the equipment at time of delivery. Buyer agrees to pay the late charge on any past due balance at the rate of 18% per annum. The signator warrants that he/she has authority to execute this order on behalf of any party for whom he/she signs, and that such party has the power to enter into this agreement and perform its terms. As security for all of Buyer's obligations to Seller, Buyer grants to Seller a security interest in the equipment and authorizes Seller to file all documents necessary to perfect Seller's security interest. The security interest granted hereunder is in addition to any other rights available to Seller, and Seller shall have all of the rights and remedies available to a secured party under the Uniform Commercial Code, all of which are cumulative. Throughout the duration of Seller's security interest. Buyer shall keep the equipment fully insured against theft and loss or damage by fire and other casualty as Seller may from time to time require in accordance with such terms as Seller may require. 5. Buyer to Furnish. Performance by Seller is subject to the Buyer furnishing a satisfactory credit rating certificate, letter of credit, evidence of financing, or any other similar papers necessary for the satisfactory completion of such order. 6. Laws Governing. All orders will be governed by the laws of the State of Oregon. 7. Assignment. The right to any monies due or to become due hereunder may be assigned by Seller, and Buyer, upon receiving notice of such assignment, shall make payment as directed. 8. Limitations of Warranties. If "NEW" warranty is indicated on the reverse side or if new equipment is purchased hereunder, all warranties are strictly given only by the manufacturer. Copies of manufacturer's warranty can be obtained from Seller. If "USED" warranty is indicated on the reverse side. Seller hereby warrants to Buyer that the equipment or components thereof designated on the reverse side, shall be free under normal use and service from defects in material and workmanship for the period shown, commencing on the date of delivery. Buyer's exclusive remedy for breach of the limited warranty shall be the repair or replacement of the warranted equipment without charge to Buyer when returned at Buyer's expense to the Seller's facility where the equipment was purchased, with proof of purchase. Buyer must give notice of any warranty claim not later than 7 days after the expiration of the warranty period and must return the equipment to Seller for repair or replacement no later than 30 days after expiration of the warranty period. Any action against Seller for breach of the limited warranty must be commenced within one year after the date of delivery of the equipment. Seller's warranty does not extend to any defect, claim, or damage attributable to the failure to operate and/or maintain the equipment in accordance with the manufacturer's specifications, or due to the failure to operate or maintain the equipment in accordance with any recommendations of Seller. If "AS IS" is indicated on the reverse side, no warranty of any kind is being given and the equipment is being sold with all faults. THE WARRANTIES IN THIS PARAGRAPH AND ON THE REVERSE SIDE ARE THE EXCLUSIVE WARRANTIES GIVEN BY SELLER AND SUPERSEDE ANY PRIOR. CONTRARY, OR ADDITIONAL REPRESENTATIONS, WHETHER ORAL OR WRITTEN. SELLER HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SELLER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGE TO PERSONS OR PROPERTY RESULTING FROM THE FAILURE OR DEFECTIVE OPERATION OF THE EQUIPMENT; NOR WILL SELLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE. This exclusion applies regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. 9. Rental Purchase Option. If rental purchase option (RPO) is granted in any addendum, the purchase price shall be tendered to Seller coincidentally with the exercise of the purchase option provided that Buyer is not then in default in performing all of the terms and conditions of lease with Seller. 10. Notice. This paragraph shall serve as notice that The Papé Group, Inc. has assigned its rights to sell its rental equipment (as may be described in this sales order) and its rights to sales proceeds (including "trade-in assets" related thereto) to North Star Deferred Exchange as part of an IRC Sec. 1031 exchange. 11. Attorneys Fees. In the event suit or action is instituted against Buyer on account of or in connection with or based upon the terms hereof, the Buyer agrees to pay, in addition to the costs and disbursements provided by law, such sum as the court may adjudge reasonable attorney's fees in both the trial and appellate courts, or in connection with any bankruptcy proceeding. 12. Entire Agreement. The foregoing and any addendum shall constitute the complete and exclusive agreement between the parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions, guarantees, or obligations whatsoever, either expressed or implied, other than as herein set forth or provided for shall be binding on either party. Each party may transmit its signature by facsimile to the other party and such facsimile signatures shall have the same force and effect as an original signature. AGENDA ITEM #6. d) Notice: When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off- road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at: http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. AGENDA ITEM #6. d) AB - 3211 City Council Regular Meeting - 10 Oct 2022 SUBJECT/TITLE: Project Acceptance with Insituform Technologies, LLC for the Renton Highlands Sanitary Sewer Rehabilitation Phase II Project RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: John Hobson, Wastewater Utility Civil Engineer III EXT.: 7279 FISCAL IMPACT SUMMARY: The original contract amount was $688,682.88 and the final amount is $695,454.14. There is an increa se of $6,771.26 due to the difference between the estimated and actual pipe footage. The contract was fully funded through the Wastewater Utility Capital Improvement Program budgets for the Sanitary Sewer Rehab/Replacement (426.465521). There is sufficient funding in the budget to cover the project costs. SUMMARY OF ACTION: The Renton Highlands Sanitary Sewer Rehabilitation Phase II Project was awarded to Insituform Technologies, LLC on August 2, 2021. Work was completed on August 16, 2022. There were no change orders issued on the project. This project utilized Cured-in-Place Pipe (CIPP) technology and consisted of rehabilitating: • 18,829 linear feet of 8-inch CIPP. • 532 linear feet of 12-inch sewer mains. EXHIBITS: A. Notice of Completion of Public Works Contract B. Final Contract Voucher STAFF RECOMMENDATION: Accept the Renton Highlands Sanitary Sewer Rehabilitation Phase II Project CAG -21-104 and authorize release of the contractor’s retainage bond (Travelers Casualty and Surety Company of America, #107468748) within 60 days of receiving all the required releases from the state. AGENDA ITEM #6. e) F215-038-000 Notice of Completion of Public Works Contract 05-2020 Notice of Completion of Public Works Contract Department Use Only Assigned to Date Assigned Date Form Version Revision Reason Awarding Agency Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Prime Contractor Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Project Information Project Name Contract Number Affidavit ID Number Jobsite Address City State Zip Code Date Awarded Date Work Commenced Date Work Completed Date Work Accepted Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement Have Subcontractors been used? Yes No If yes, complete Addendum A Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No Detailed Description of Work Completed DOR Tax Information Calculated Amount Liquidated Damages Additions (+) Amount Disbursed Reductions (-) Amount Retained Sub-Total Other Sales Tax Amount Sales Tax Rate Total Total Both totals must to be equal - If multiple sales tax rates, attach a list Apprentice Utilization Information Was apprentice utilization required? Yes No Engineer’s Estimate: Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No payment shall be made from the retained funds until receipt of all release certificates and affidavits. Complete and submit for by email to all three agencies below Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 890-3499 publicworks@esd.wa.gov 09/19/2022 City of Renton 177000094 1055 S. Grady Way Renton WA 98057 John Hobson 425-430-7279 jhobson@rentonwa.gov Insituform Technologies, LLC 601880220 17988 Edison Ave Chesterfield MO 63005 Whittney Schulte 636-530-8000 wschulte@aegion.com CAG-21-104 Multiple Locations Renton WA 98057 08/21/2022 01/23/2022 08/31/2022 09/19/2022 Installation of 19,173 linear feet of 8" and 12" Cured-in-Place Pipe liners. $625,506.70 $6,150.10 $631,656.80 $63,797.33 $695,454.13 $695,454.13 10.1 % $695,454.13 $892,091.00 AGENDA ITEM #6. e) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020 Flow Technologies, Inc.603497747 1076809 Pavement Maintenance of WA, LLC 603075530 AGENDA ITEM #6. e) FINALCONTRACTVOUCHERCERTIFICATE______Contractor:IrisituformTechnologies,LLCStreetAddress:17988Edison_Ave______________________________________City1iateIDateChesterfieldMOCftyProjectNumber--__08/31/2022____Federal-AidNumber(ifapplicable)CityContracCAG-211041-____-_______ContractTitleRentonHighlandSanitarySewerRehabilitationPhaseIIDateWorkPhysicallyCompleteIFinalAmountAugust16,2022$695,454.13______________________CONTRACTOR’SCERTIFICATIONI,Theundersigned,havingfirstbeendulysworn,certifythatIamauthorizedtosign(ortheclaimant;thatinconnectionwiththeworkperformedandtothebestofmyknowledgenoloan,gratuityorgiftinanyformwhatsoeverhasbeenextendedtoanyemployeeoftheCityofRentonnorhaveIrentedorpurchasedanyequipmentormaterialsfromanyemployeeoftheCityofRenton;IfurthercertifythattheattachedfinalestimateisatrueandcorrectstatementshowingallthemoniesduemefromtheCityofRentonforworkperformedandmaterialfurnishedunderthiscontract;thatIhavecarefullyexaminedsaidfinalestimateandunderstandthesameandthatIreleasetheCityofRentonfromanyandallclaimsofwhatsoevernaturewhichImayhave,arisingoutoftheperformanceofsaidntct,whicharenotsetforthinsaidestimate.OFFICIALSTAMPPAULMARTINSOLESNOTARYPUBLICOREGONCOMMISSIONNO.980942MYCOMMISSIONEXPIRESNOVEMBER04,CITYOFRENTONCERTIFICATIONI,certiftheattedfinalestimatetobebaseduponactualmeasurements,andtobetrueandcorrect.PectManagerSignaturePublicWorksDept.,SectionManagerApprovedDateCITYOFRENTONACCEPTANCETheCityofRentonherebyacceptsthecompletedcontract,pursuanttoSection1-05.12oftheContractProvisions.PublicWorksAdministratorDateofCouncilAcceptanceç?f?1tracL.6rAuthorizedSignature(Required)J..oA?PrintedSignatureNamebedsworntobeforemethisPAJ6sf14dayof____________________________Sub4oy2______________________________________________________________NotaryPublicinandfortheStateof_____________________I?/6Su/ii/&ci/frflrQi?O&Z,.20ZZcontractor’sclaims1jfajy,mustbeincludedandtheContractor’sCertjIicatiQrimustbeAGENDA ITEM #6. e) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEARS 2021/2022 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 5991 AND AMENDED BY ORDINANCE NOS. 6017, 6021, 6030, 6062, AND 6073, BY INCREASING THE BUDGETED REVENUES AND EXPENDITURES BY $44,523,098 AND $33,349,933 RESPECTIVELY, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 9, 2020, the City Council adopted Ordinance No. 5991 adopting the City of Renton’s 2021/2022 Biennial Budget; and WHEREAS, on May 3, 2021, the City Council adopted Ordinance No. 6017 carrying forward funds appropriated in 2020, but not expended in 2020 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2021 requiring an adjustment to the 2021/2022 Biennial Budget; and WHEREAS, Ordinance No. 6017 also adopted an amended City of Renton Salary Table; and WHEREAS, on July 19, 2021, the City Council adopted Ordinance No. 6021 making minor corrections and recognizing grants, contributions and associated costs, and new cost items not previously included in the budget, which required additional adjustments to the 2021/2022 Biennial Budget; and WHEREAS, Ordinance No. 6021 also consolidated the Municipal Arts Fund 125 into the General Fund to be consistent with Generally Accepted Accounting Principles (GAAP) and the City’s annual financial report; and AGENDA ITEM # 8. a) ORDINANCE NO. ________ 2 WHEREAS, Ordinance No. 6021 also created the following new funds: Housing and Supporting Services Fund 130, Renton School District Impact Mitigation Fund 310, Issaquah School District Impact Mitigation Fund 311, and Kent School District Impact Mitigation Fund 312, to better track the resources and costs of the City; and WHEREAS, on November 15, 2021, the City Council adopted Ordinance No. 6030 providing a mid-biennial review pursuant to Chapter 35A.34 RCW, and adopting an amended 2021 City of Renton Salary Table; and WHEREAS, on April 25, 2022, the City Council adopted Ordinance No. 6062 carrying forward funds appropriated in 2021, but not expended in 2021 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2022 requiring an adjustment to the 2021/2022 Biennial Budget; and WHEREAS, Ordinance No. 6062 also closed the Community Development Block Grant Fund 004, and amended the 2022 City of Renton Salary Table to incorporate the changes in compensation and certain job classification resulting from reorganization of the Community and Economic Development Department; and WHEREAS, on July 18, 2022, the City Council adopted Ordinance No. 6073 making minor corrections and recognizing grants, contributions and associated costs, and new cost items not previously included in the budget, which required additional adjustments to the 2021/2022 Biennial Budget; and AGENDA ITEM # 8. a) ORDINANCE NO. ________ 3 WHEREAS, minor corrections and the recognition of grants, contributions and associated costs, new revenue, and new cost items not previously included in the budget require additional amendments to the 2021/2022 Biennial Budget; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The City of Renton’s 2021/2022 Biennial Budget, originally adopted by Ordinance No. 5991 and amended by Ordinance Nos. 6017, 6021, 6030, 6062 and 6073, is hereby amended to increase revenues by $44,523,098, for an amended total revenues of $758,762,453 over the biennium, and increase expenditures by $33,349,933, for an amended total expenditures of $955,398,957 over the biennium. SECTION II. The City Council hereby adopts the amended 2021/2022 Biennial Budget. The 2022 Year End Budget Adjustment Summary by Fund is attached as Exhibit A and the 2021 Adjusted Budget Summary by Fund is attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 4 SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. __________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-FIN: 2239: 9.23.22 AGENDA ITEM # 8. a) ORDINANCE NO. ________ 5 Exhibit A: 2022 Year End Quarter Budget Adjustment Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2022 Beg Fund Bal Changes 2022 Adj. Fund Bal 2022 Budgeted Revenue Changes 2022 Adjusted Revenue 2022 Budgeted Expenditure Changes 2022 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND 69,102,662 - 69,102,662 129,187,508 8,920,216 138,107,724 140,345,324 3,888,647 144,233,971 62,976,414 (14,037,583) 48,938,831 110 SPECIAL HOTEL-MOTEL TAX 728,421 - 728,421 220,000 5,000 225,000 528,207 90,000 618,207 335,214 335,214 127 CABLE COMMUNICATIONS DEVELOPMENT 731,245 - 731,245 57,674 - 57,674 427,209 33,000 460,209 328,710 328,710 130 HOUSING AND SUPPORTIVE SERVICES 3,171,729 - 3,171,729 3,490,000 - 3,490,000 1,710,000 - 1,710,000 4,951,729 4,951,729 135 SPRINGBROOK WETLANDS BANK 234,325 - 234,325 - 231,305 231,305 51,000 - 51,000 414,630 414,630 140 POLICE SEIZURE 631,525 - 631,525 - - - 631,525 - 631,525 - - 141 POLICE CSAM SEIZURE 174,826 - 174,826 - - - 174,826 - 174,826 - - 215 GENERAL GOVERNMENT MISC DEBT SVC 5,218,125 - 5,218,125 4,533,969 - 4,533,969 4,341,920 - 4,341,920 5,410,174 (2,717,575) 2,692,599 303 COMMUNITY SERVICES IMPACT MITIGATION 3,433,393 - 3,433,393 86,500 1,300,000 1,386,500 3,380,595 - 3,380,595 1,439,298 1,439,298 305 TRANSPORTATION IMPACT MITIGATION 5,159,035 - 5,159,035 200,000 7,844,696 8,044,696 3,200,000 3,651,255 6,851,255 6,352,476 6,352,476 308 REET 1 4,508,117 - 4,508,117 2,300,000 - 2,300,000 5,579,996 - 5,579,996 1,228,121 1,228,121 309 REET 2 8,773,145 - 8,773,145 2,300,000 - 2,300,000 6,921,118 - 6,921,118 4,152,027 4,152,027 31X SCHOOL DISTRICT IMPACT MITIGATION 12 - 12 995,000 3,600,000 4,595,000 995,000 3,600,000 4,595,000 12 - 12 316 MUNICIPAL FACILITIES CIP 16,824,783 - 16,824,783 16,718,087 4,130,870 20,848,957 33,540,353 4,125,513 37,665,866 7,874 7,874 317 CAPITAL IMPROVEMENT 10,868,853 - 10,868,853 42,407,072 11,087,693 53,494,765 50,756,364 12,424,888 63,181,252 1,182,366 1,182,366 346 NEW FAMILY FIRST CENTER DEVELOPMENT 8,238,935 - 8,238,935 12,459,000 383,643 12,842,643 17,278,258 500,000 17,778,258 3,303,320 3,303,320 402 AIRPORT OPERATIONS & CIP 7,741,751 - - 3,281,007 175,511 3,456,518 9,243,160 145,318 9,388,478 1,809,792 (241,390) 1,568,402 403 SOLID WASTE UTILITY 3,392,243 - 3,392,243 24,133,272 - 24,133,272 24,924,161 (38,598) 24,885,563 2,639,952 (400,000) 2,239,952 404 GOLF COURSE SYSTEM & CAPITAL 1,222,897 - - 3,428,832 - 3,428,832 3,655,054 - 3,655,054 996,675 (746,233) 250,442 405 WATER OPERATIONS & CAPITAL 43,849,867 - - 19,107,026 1,826,587 20,933,613 49,577,439 1,878,923 51,456,362 13,327,118 (3,106,206) 10,220,912 406 WASTEWATER OPERATIONS & CAPITAL 20,788,687 - - 12,226,713 236,250 12,462,963 25,857,830 246,935 26,104,765 7,146,884 (1,623,266) 5,523,618 407 SURFACE WATER OPERATIONS & CAPITAL 21,682,758 - - 32,182,017 21,320 32,203,337 37,503,143 137,330 37,640,473 16,245,621 (1,959,481) 14,286,141 416 KING COUNTY METRO 3,764,012 - 3,764,012 18,495,877 - 18,495,877 18,495,877 - 18,495,877 3,764,012 (380,000) 3,384,012 501 EQUIPMENT RENTAL 10,125,169 - 10,125,169 6,389,905 55,211 6,445,116 6,986,219 278,198 7,264,417 9,305,868 (9,305,868) - 502 INSURANCE 20,494,538 - 20,494,538 4,409,425 1,900,000 6,309,425 4,387,888 250,000 4,637,888 22,166,075 (20,906,374) 1,259,701 503 INFORMATION SERVICES 3,653,455 - 3,653,455 12,077,068 1,592,791 13,669,859 12,666,705 1,747,000 14,413,705 2,909,609 (2,068,477) 841,132 504 FACILITIES 785,189 - 785,189 6,664,670 12,005 6,676,675 6,493,056 365,124 6,858,180 603,685 603,685 505 COMMUNICATIONS 141,517 - 141,517 1,377,535 - 1,377,535 1,358,485 26,400 1,384,885 134,168 134,168 512 HEALTHCARE INSURANCE 6,655,137 - 6,655,137 13,566,817 - 13,566,817 13,743,496 - 13,743,496 6,478,458 (4,123,049) 2,355,410 522 LEOFF1 RETIREES HEALTHCARE 18,188,260 - 18,188,260 2,710,067 - 2,710,067 1,452,289 - 1,452,289 19,446,038 (19,446,038) - 304 FIRE IMPACT MITIGATION 1,960,733 - 1,960,733 99,000 1,200,000 1,299,000 500,634 - 500,634 2,759,099 (2,759,099) - 611 FIREMENS PENSION 8,371,183 - 8,371,183 290,000 - 290,000 200,475 - 200,475 8,460,708 (8,460,708) - Total Other Funds 241,513,865 - 241,513,865 246,206,532 35,602,882 281,809,414 346,562,281 29,461,286 376,023,566 147,299,712 (78,243,763) 69,055,950 TOTAL ALL FUNDS 310,616,526 - 310,616,526 375,394,040 44,523,098 419,917,138 486,907,605 33,349,933 520,257,538 210,276,127 (92,281,346) 117,994,781 2 year total 714,239,355 44,523,098 758,762,453 922,049,024 33,349,933 955,398,957 210,276,127 (92,281,346) 117,994,781 AGENDA ITEM # 8. a) ORDINANCE NO. ________ 6 Exhibit B: 2021 Budget Adjustment Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2021 Beg Fund Bal Changes 2021 Adj Fund Bal 2021 Budgeted Revenue Changes 2021 Adjusted Revenue 2021 Budgeted Expenditure Changes 2021 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND 54,456,582 - 54,456,582 126,195,474 - 126,195,474 127,627,610 - 127,627,610 53,024,445 (27,033,439) 25,991,006 110 SPECIAL HOTEL-MOTEL TAX 893,604 - 893,604 225,000 - 225,000 596,197 - 596,197 522,406 522,406 127 CABLE COMMUNICATIONS DEVELOPMENT 677,710 - 677,710 97,674 - 97,674 97,674 - 97,674 677,710 677,710 130 HOUSING AND SUPPORTIVE SERVICES - - - 2,640,000 - 2,640,000 1,030,000 - 1,030,000 1,610,000 1,610,000 135 SPRINGBROOK WETLANDS BANK 348,826 - 348,826 (109,200) - (109,200) 9,586 - 9,586 230,040 230,040 140 POLICE SEIZURE 872,449 - 872,449 - - - 872,449 - 872,449 - - 141 POLICE CSAM SEIZURE 150,637 - 150,637 - - - 150,637 - 150,637 - - 215 GENERAL GOVERNMENT MISC DEBT SVC 5,010,629 - 5,010,629 7,493,298 - 7,493,298 7,155,169 - 7,155,169 5,348,758 (2,717,575) 2,631,183 303 COMMUNITY SERVICES IMPACT MITIGATION 1,713,833 - 1,713,833 1,571,464 - 1,571,464 2,796,229 - 2,796,229 489,068 489,068 305 TRANSPORTATION IMPACT MITIGATION 3,154,954 - 3,154,954 200,000 - 200,000 102,837 - 102,837 3,252,117 3,252,117 308 REET1 2,042,269 - 2,042,269 3,250,000 - 3,250,000 2,865,000 - 2,865,000 2,427,269 2,427,269 309 REET2 3,411,866 - 3,411,866 6,427,680 - 6,427,680 7,066,705 - 7,066,705 2,772,841 2,772,841 31X SCHOOL DISTRICT IMPACT MITIGATION - - - 995,000 - 995,000 995,000 - 995,000 - - - 316 MUNICIPAL FACILITIES CIP 20,298,663 - 20,298,663 13,589,300 - 13,589,300 33,725,991 - 33,725,991 161,973 161,973 317 CAPITAL IMPROVEMENT 16,792,413 - 16,792,413 30,470,197 - 30,470,197 46,062,467 - 46,062,467 1,200,143 1,200,143 336 NEW LIBRARY DEVELOPMENT 16,679 - 16,679 - - - 16,679 - 16,679 - - 346 NEW FAMILY FIRST CENTER DEVELOPMENT 8,356,704 - 8,356,704 1,570,000 - 1,570,000 2,450,157 - 2,450,157 7,476,547 7,476,547 402 AIRPORT OPERATIONS & CIP 7,558,405 - 7,558,405 3,282,007 - 3,282,007 9,587,446 - 9,587,446 1,252,966 (223,124) 1,029,842 403 SOLID WASTE UTILITY 2,771,562 - 2,771,562 23,024,017 - 23,024,017 22,902,330 - 22,902,330 2,893,249 (400,000) 2,493,249 404 GOLF COURSE SYSTEM & CAPITAL 476,746 - 476,746 3,126,584 - 3,126,584 2,871,162 - 2,871,162 732,168 (641,550) 90,619 405 WATER OPERATIONS & CAPITAL 40,776,314 - 40,776,314 17,972,403 - 17,972,403 48,985,805 - 48,985,805 9,762,912 (3,008,354) 6,754,558 406 WASTEWATER OPERATIONS & CAPITAL 23,996,217 - 23,996,217 11,786,486 - 11,786,486 28,637,433 - 28,637,433 7,145,270 (1,575,451) 5,569,819 407 SURFACE WATER OPERATIONS & CAPITAL 21,610,356 - 21,610,356 25,054,994 - 25,054,994 31,013,992 - 31,013,992 15,651,357 (1,810,348) 13,841,009 416 KING COUNTY METRO 4,729,749 - 4,729,749 17,607,838 - 17,607,838 17,607,838 - 17,607,838 4,729,749 (380,000) 4,349,749 501 EQUIPMENT RENTAL 6,376,259 - 6,376,259 6,463,395 - 6,463,395 5,289,546 - 5,289,546 7,550,108 7,550,108 502 INSURANCE 19,860,208 - 19,860,208 5,533,775 - 5,533,775 4,242,521 - 4,242,521 21,151,462 (18,650,158) 2,501,304 503 INFORMATION SERVICES 3,939,941 - 3,939,941 7,205,985 - 7,205,985 8,089,687 - 8,089,687 3,056,239 3,056,239 504 FACILITIES 504,167 - 504,167 6,350,643 - 6,350,643 6,522,982 - 6,522,982 331,828 331,828 505 COMMUNICATIONS 151,624 - 151,624 1,153,826 - 1,153,826 1,179,312 - 1,179,312 126,138 126,138 512 HEALTHCARE INSURANCE 5,773,429 - 5,773,429 12,477,543 - 12,477,543 12,580,831 - 12,580,831 5,670,141 (3,774,249) 1,895,892 522 LEOFF1 RETIREES HEALTHCARE 16,541,245 - 16,541,245 2,705,933 - 2,705,933 1,362,685 - 1,362,685 17,884,493 (17,884,493) - 304 FIRE IMPACT MITIGATION 2,191,452 - 2,191,452 99,000 - 99,000 436,987 - 436,987 1,853,465 (1,853,465) - 611 FIREMENS PENSION 7,908,312 - 7,908,312 385,000 - 385,000 210,475 - 210,475 8,082,837 (8,082,837) - Total Other Funds 228,907,223 - 228,907,223 212,649,842 - 212,649,842 307,513,809 - 307,513,809 134,043,256 (61,001,605) 73,041,652 TOTAL ALL FUNDS 283,363,805 - 283,363,805 338,845,315 - 338,845,315 435,141,419 - 435,141,419 187,067,702 (88,035,043) 99,032,658 AGENDA ITEM # 8. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-2-060.O OF THE RENTON MUNICIPAL CODE, ADDING A DEFINITION OF “BATTERY ENERGY STORAGE SYSTEM FACILITY” TO SECTION 4- 11-020 OF THE RENTON MUNICIPAL CODE, LIFTING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 6061, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton has adopted a Comprehensive Plan and zoning regu lations pursuant to the Growth Management Act that authorizes land uses and activities within the City; and WHEREAS, the City received a Battery Energy Storage System (“BESS”) pre-application meeting request; and WHEREAS, BESS is not an authorized or permitted use pursuant to the City’s Comprehensive Plan and zoning regulations; and WHEREAS, the City Council had determined there was a need for a moratorium on accepting any land use application, building permit application, or business lic ense application for BESS; and WHEREAS, the moratorium was established on April 18, 2022 by Ordinance No. 6061; and WHEREAS, once in effect, this ordinance shall supersede Ordinance No. 6061; and WHEREAS, in accordance with RCW 35A.63.220, a public hearing was scheduled and held on June 6, 2022; and WHEREAS, the moratorium is scheduled to be in effect until October 18, 2022, unless ended earlier by subsequent City Council action, or unless extended by the City Council pursuant to state law; and AGENDA ITEM # 8. b) ORDINANCE NO. ________ 2 WHEREAS, the City Council sought to understand any impacts and determine appropriate zoning and development standards for such systems; and WHEREAS, the City’s Community and Economic Development Department (CED) regularly undertakes work programs to propose amendments to Title IV of the Renton Municipal Code (RMC); and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-2-060.O of the Renton Municipal Code is amended by adding a row for Battery Energy Storage System Facility, as shown in Attachment A. All other provisions in Section 4-2-060 remain in effect and unchanged. AGENDA ITEM # 8. b) ORDINANCE NO. ________ 3 SECTION III. Section 4-11-020 of the Renton Municipal Code is amended to add a definition of “Battery Energy Storage System Facility” in alphabetical order to read as shown below. All other definitions in 4-11-020 remain in effect and unchanged. BATTERY ENERGY STORAGE SYSTEM FACILITY: One or more utility-scale energy storage systems designed to receive, store, and discharge energy to and from the electrical grid or energy generation facility for later use. Battery Energy Storage Systems generally consist of batteries assembled together and may include on- site switchyard, inverters, associated interconnection transmission line, and supervisory control and data acquisition system. This definition excludes individual residential and commercial use systems for onsite energy use, stand- alone 12-volt car battery or electric motor vehicles, and other consumer products. SECTION IV. The moratorium established by Ordinance No. 6061 is hereby ended on the same date as the effective date of this ordinance. SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, AGENDA ITEM # 8. b) ORDINANCE NO. ________ 4 such invalidity or unconstitutionality thereof shall not affect the constit utionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. __________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-CED:2238 D-214:9/22/22 AGENDA ITEM # 8. b) 5 ATTACHMENT A 4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 O. UTILITIES Battery Energy Storage System Facility Communication broadcast and relay towers H H H H H H H H H H29 H29 H29 H H H H H H Electrical power generation and cogeneration H H66 H66 H66 H66 H66 H66 H66 H66 H66 Utilities, small P5 P5 P5 P5 P5 P5 P5 P5 P5 P P P P P P P P P P P Utilities, medium AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD AD AD AD AD AD AD AD AD AD AD Utilities, large H5 H5 H5 H5 H5 H5 H5 H5 H5 H H H H H H H H H H H Solar energy system, ground- mounted, small-scale AC AC AC AC AC AC AC AC AC AGENDA ITEM # 8. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF SEVERAL PARCELS WITHIN THE CITY OF RENTON FROM INDUSTRIAL MEDIUM (IM) TO COMMERCIAL ARTERIAL (CA) AND ONE PARCEL FROM IM TO COMMERCIAL OFFICE (CO) AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations), of the Renton Municipal Code, as amended, and the Zoning Map adopted in conjunction therewith, the parcels identified in Attachment A (the “Rezone Areas”) has heretofore been zoned as Industrial Medium (IM); and WHEREAS, on November 22, 2021, the Rainier/Grady Junction Transit Oriented Development (“TOD”) Subarea Plan was adopted by Resolution 4454; and WHEREAS, the Rainier/Grady Junction TOD Subarea Plan recommended the Rezone Areas be rezoned as indicated in Attachment A; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, one land use within the Rezone Areas is Light Manufacturing and Fabrication, which is not an allowed land use within the CA Zone; and WHEREAS, in consideration of the proposed rezones the Planning Commission recommended allowing Light Manufacturing and Fabrication in the CA Zone within the Employment Area Comprehensive Plan land use designation; and AGENDA ITEM # 8. c) ORDINANCE NO. ________ 2 WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; and WHEREAS, the Planning Commission recommended the Rezone Areas be zoned as indicated in Attachment A; and WHEREAS, said zoning request being in conformity with the City’s Comprehensive Plan, as amended; and WHEREAS, the City Council considered all relevant matters, and heard all parties in support or opposition. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. The Rezone Areas are hereby rezoned as indicated in Attachment A. The Planning Division is hereby authorized and directed to change the City of Renton Zoning Map, as amended, to evidence said rezoning according to Attachment A attached hereto and made a part hereof as if fully set forth herein. SECTION III. RMC 4-2-060 Zoning Use Table is hereby amended to allow Light Manufacturing and Fabrication in the CA Zone within the Employment Area Comprehensive Plan land use designation, as shown in Attachment B; and AGENDA ITEM # 8. c) ORDINANCE NO. ________ 3 SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _____ day of _______________, 2022. Jason Seth, City Clerk APPROVED BY THE MAYOR this _____ day of _______________, 2022. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ________________ ORD: CED: 8.24.2022 AGENDA ITEM # 8. c) ATTACHMENT AAGENDA ITEM # 8. c) 4 Attachment B All portions of the Renton Municipal Code in this Attachment not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. 4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations: USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 N. INDUSTRIAL Manufacturing and fabrication, light P P P AD29 P P AGENDA ITEM # 8. c)