HomeMy WebLinkAboutREGULAR COUNCIL - 09 Nov 2015 - Agenda - Pdf
AGENDA
City Council Regular Meeting
7:00 PM - Monday, November 9, 2015
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Leadership Eastside Day - November 9, 2015
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENT
Speakers must sign-up prior to the Council meeting.
Each speaker is allowed five minutes.
The first comment period is limited to 30 minutes.
The second comment period, later on the agenda, is unlimited in duration.
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 the November 2, 2015 Council meeting minutes.
Council Concur.
b) Administrative Services Department submits a request for utility billing adjustments at
Westgate Condominiums and Stir Restaurant, and recommends approving adjustments in
the amounts of $13,250.38 and $14,292.24.
Refer to Finance Committee
c) City Clerk submits a request for the partial release of Easement by Chris Tonkin of
Bellevue TT LLC, to construct a new storm water drainage line located in the vicinity of NE
4th St. & Union Ave. NE.
Refer to Utilities Committee
d) Fire & Emergency Services Department recommends approval of an agreement with the
Washington State Military Department to accept Department of Homeland Security
Emergency Management Performance Grant (EMPG) funds in the amount of $72,093 to
support the emergency management program.
Council Concur
e) Utility Systems Division submits CAG-15-099, SE 165th Sanitary Sewer Extension project,
contractor Scotty’s General Construction; and requests acceptance of the project,
approval of the final pay estimate in the amount of $6,640.76, and release of the
retainage bond after 60 days, if all required 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) Committee on Committees: 2016 Council Committee Assignments
b) Planning & Development Committee: CA Zoning Recommendation*
8. RESOLUTIONS AND ORDINANCES
Ordinance for first reading:
a) CA Zoning Ordinance (See item 7.b.)
Ordinance for second and final reading:
b) Establishing a Property Tax Levy (First Reading 11/2/15)
c) Authorization of the Property Tax Levy (First Reading 11/2/15)
d) 2016 Property Tax - Substantial Need (First Reading 11/2/15)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. AUDIENCE COMMENTS
11. ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
November 9, 2015
Monday, 6:00 p.m.
King County Chiefs Association: Report on Building Public Trust
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
DsLaw“RefltOfl0Mayor’sOfficeProc(amation‘14/izereas,LeadershipEastsidehasconvenedleadershipforthegreatergoodfor10years;andtT/l,)fiereas,LeadershipEastsideisaninclusiveorganizationthatpromotesconnections,developsandenrichesleaders,andisacatalystforcommunitiestoaddressimportantissuesandmeetthechallengesofadiverseanddynamicregion;andfrt)ttereas,LeadershipEastsidebelieveseveryonedeservestothrive,thatcollaborationtranscendssilosandnarrowinterests,andthatthepeopleaffectedbyanissuemustbepartofthesolution;and1’Vfiereas,LeadershipEastsideenvisionsadiverse,vibrantregionservedbyskilledleadersengagedincreatinghealthyandmutuallysupportivecommunities;andC41ereas,LeadershipEastsidehasgraduatedmorethan400ofourregion’sbusiness,non-profitandpublicsectorleaderswhoareactivelyservingtheircommunityinmanycapacitiesincludingmayorsandotherelectedofficials,commissioners,directorsforcommunity-basedboards,nonprofitstaffandvolunteers;therefore,I,DenisLaw,MayoroftheCityofRenton,doherebyproclaimNovember9,2015,tobe£eac(ershzEastsic(eDayintheCityofRenton,andIencourageallcitizenstojoinmeinrecognizingthemanycontributionsthatLeadershipEastsidehasmadeinourcommunity.InwitnesswriereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis9thdayofNovember,2015.Diaw,r0CityofRenton,WashingtonRentonCityHall1055SouthGradyWay.Renton,Washington98057•rentonwa.govAGENDA ITEM #3. a)
November 2, 2015 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM - Monday, November 2, 2015
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ed Prince, Council President
Randy Corman
Armondo Pavone
Ruth Pérez
Don Persson
Marcie Palmer
Councilmembers Absent:
Greg Taylor
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT
COUNCILMEMBER GREG TAYLOR. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Lawrence J. Warren, City Attorney
Jason Seth, City Clerk
Chip Vincent, Community & Economic Development Administrator
Commander Chad Karlewicz, Police Department
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were:
Preventative street maintenance will continue to impact traffic and result in occasional
street closures through December 15, 2015.
AGENDA ITEM #6. a)
November 2, 2015 REGULAR COUNCIL MEETING MINUTES
CONSENT AGENDA
Items listed on the consent agenda were adopted with one motion, following the listing.
a) Approval of the October 26, 2015 Council meeting minutes. Council Concur.
b) City Clerk submits the quarterly list of fully executed contracts between 7/1/2015 -
9/30/2015, and a report of agreements expiring between 10/1/2015 - 3/31/2016. None;
Information Only.
c) Community & Economic Development Department recommended approval to revise the
amounts of the impact fees collected on behalf of the Issaquah, Kent, and Renton School
Districts, and adopt the 2015 Issaquah School District Capital Facilities Plan, the 2015/2016
through 2020/2021 Kent School District Capital Facilities Plan, and the 2015-2021 Renton
School District Capital Facilities Plan. Refer to Finance Committee; Set Public Hearing on
11/16/2015.
d) Utility Systems Division recommends approval of a King County Flood Control District
Agreement for Award of Flood Reduction Grant funds in order to receive $185,000 in grant
funds for the construction of the N. 30th St. & Burnett Ave. N. Storm System Improvements
project. Council Concur.
MOVED BY PRINCE, SECONDED BY PERSSON, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Council President Prince presented a Committee of the Whole report reviewing the proposed
2015/2016 Mid-biennium Budget Amendment of $28,522,952 over the two years for an adjusted
appropriation of $598,225,452 for the biennium, and recommended concurrence in the following
actions:
1. Property Tax Levy (ordinances):
a. Establish substantial need to increase the property tax levy by 1% versus the current rate
of inflation of .25%, which is determined by the September annual change of the Implicit
Price Deflator (IPD).
b. Authorize 2016 property tax levy, including prior year correction and the 1% increase
from the 2015 base levy established above, to be increased by 0.72% or $262,260 from
the 2015 total property tax levy.
c. Set the 2016 property tax levy, based on the above authorized increase, plus the new
construction, annexation, and administrative refunds, at $37,250,000 based on the
preliminary worksheet provided by King County Assessor’s Office.
2. Interfund Loans (resolution):
a. Create an interfund loan in the amount of $4,000,000 to Fund 316 (Municipal Facilities
Capital Improvement) to help support general government property acquisitions. The
loan will come from the City’s Water (405) and Wastewater (406) Utility Funds, to be
repaid over a period of four (4) years at an interest rate of 1.65% per annum until paid.
b. Create an interfund loan in the amount of $875,000 to Fund 108 (Leased Facilities) to
cover new tenant improvements, commission cost, and building repairs. The loan will
come from the City’s Insurance Fund (Fund 502), without interest, and repaid within five
(5) years.
AGENDA ITEM #6. a)
November 2, 2015 REGULAR COUNCIL MEETING MINUTES
3. Changes to Authorized Positions:
The proposed budget will add a total of 15.6 positions and make pay/classification
adjustments for another 13 positions. Most of these changes have been previously approved
by the City Council or are funded by permit revenues. These changes, and the 2.5 positions
added during the second quarter of 2015, will increase the overall city position by 18.125
FTE. Details of the 18.125 positions and 13 pay/classification adjustments are outlined
below:
a. Administrative Services: Reclassify 1 Financial Services Manager and 1 GIS Manager to
m30 from m26
b. Community and Economic Development (all changes are supported by permit fees):
i. Add .5 Senior Planner, 1 Civil Engineer II, 1 Engineering Specialist II, 1 LT
Building/Combo Inspector, and 1 Construction Inspector
ii. Convert .5 Office Assistant II (a03) to 1 Administrative Secretary (a09), 1 Senior
Planner (a28) to Long Range Planning Manager (m33), 1 Mapping Coordinator (a29)
to Property and Technical Services Manager (m29), and 1 Plan Reviewer to Civil
Engineer II (previously approved)
iii. Reclassify 1 Building Official to m33 from m32 and add 5% out-of-class pay to 1
Building Plan Reviewer for the additional duties assumed with the elimination of
Development Services Director position.
iv. Eliminate 1 Development Services Director
c. Police: Add 4 Police Officers and 4 Police Officer Over Hires (funded with salary savings)
d. City Attorney: Add 1 Legal Assistant (previously approved)
e. Community Services:
i. Reclassify 1 Facility Maintenance Supervisor (a21) to Facility Maintenance Manager
(m28) (previously approved)
ii. Add 2 Limited Term Capital Project Coordinators
f. Executive:
i. Convert .5 Secretary II to 1 Secretary II and .5 Office Assistant I to .625 Office
Assistant I (all previously approved)
ii. Reclassify 1 Communication Specialist II (m21) to Communication Manager (m26)
and 1 Communication Specialist II (m21) to Communication Specialist I (a12) (all
previously approved)
iii. Adjust Mayor Salary
g. Human Resources and Risk Management: Reclassify 1 HR Manager to m32 from m30
h. Public Works:
i. Reclassify 1 Street Maintenance Manager to m30 from m28 and 1 Wastewater
Maintenance Manager to m30 from m28
ii. Add .5 Civil Engineer II, 1 Administrative Secretary I, and 1 Civil Engineer III (all
previously approved and adjusted as part of the 2nd quarter budget adjustment)
The Committee of the Whole recommended Council approve the proposed 2015/2016 Mid-
biennium Budget Amendments and present associated legislation reflecting the above
changes for first reading.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
November 2, 2015 REGULAR COUNCIL MEETING MINUTES
c) Finance Committee Chair Persson presented a report approving for payment on November 2,
2015 claims vouchers 342495 - 342842, four wire transfers and one payroll run with benefit
withholding payments totaling $5,702,227.05 and payroll vouchers including 745 direct deposits
and 56 payroll checks totaling $1,559,870.98.
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair Persson presented a report recommending concurrence in the staff
recommendation to approve the reorganization of the IT Division with the conversion of an
existing Business System Supervisor position (m26) to an Application Support Manager (m30).
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
RESOLUTIONS AND ORDINANCES
Resolution:
a) Resolution No. 4267: A resolution was read authorizing interfund loans to fund 316,
Municipal Facilities Capital Investment Fund, and to fund 108, Leased City Properties Fund, for
property acquisition and improvement purposes.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
AS PRESENTED. CARRIED.
Ordinances for first reading:
b) Ordinance No. 5774: An ordinance was read establishing the Property Tax Levy for the year
2016 for general City operational purposes in the amount of $37,250,000.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING ON 11/9/2015. CARRIED.
c) Ordinance No. 5775: An ordinance was read authorizing the Property Tax Levy for the year
2016.
MOVED BY PRINCE, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING ON 11/9/2015. CARRIED.
d) Ordinance No. 5776: An ordinance was read relating to the regular Property Tax Levies for
collection in 2016, implementing RCW 84.55.0101 and finding substantial need to increase
the regular property tax limit factor above the rate of inflation to one percent (1%), for a total
limit factor of one hundred and one percent (101%).
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING ON 11/9/2015. CARRIED.
e) Ordinance No. 5777: An ordinance was read amending the City of Renton Fiscal Years
2015/2016 Biennial Budget as adopted by Ordinance No. 5737, and thereafter amended by
Ordinance Nos. 5755 and 5764, in the amount of $28,522,952.
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL ADVANCE THE
ORDINANCE TO SECOND AND FINAL READING. CARRIED.
Following second and final reading of Ordinance No. 5777 it was,
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
AGENDA ITEM #6. a)
November 2, 2015 REGULAR COUNCIL MEETING MINUTES
NEW BUSINESS
See attached Council Committee meeting Calendar.
a) Elect Council President and Pro Tem: Council President Prince called for nominations and the
election of the 2016 Council President and President Pro Tem. He nominated Councilmember
Randy Corman for the 2016 Council President. Mayor Law called for additional nominations.
There were no additional nominations.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ELECT COUNCILMEMBER
RANDY CORMAN AS 2016 COUNCIL PRESIDENT. CARRIED.
Mr. Prince nominated Councilmember Armondo Pavone for 2016 Council President Pro Tem.
Mayor Law called for additional nominations.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ELECT COUNCILMEMBER
ARMONDO PAVONE AS 2016 COUNCIL PRESIDENT PRO TEM. CARRIED.
Randy Corman was declared 2016 Council President, and Armondo Pavone was declared 2016
Council President Pro Tem.
b) Identify Committee on Committee Members: Council President Prince announced that the
Committee on Committee members are Randy Corman, 2016 Council President-elect,
Armondo Pavone, 2016 Council President Pro Tem-elect, and Ed Prince, 2015 Council
President.
ADJOURNMENT
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADJOURN. CARRIED. TIME:
7:16 P.M.
Jason A. Seth, CMC, City Clerk
Megan Gregor, Recorder
Monday, November 2, 2015
AGENDA ITEM #6. a)
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AGENDA ITEM #6. a)
REGULAR COUNCIL - 09 Nov 2015
SUBJECT/TITLE: Utility Leak Adjustment
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Administrative Services Department
STAFF CONTACT: Jamie Thomas, Fiscal Services Director
EXT.: 6929
FISCAL IMPACT:
Expenditure Required: $ N/A Transfer Amendment: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
The Finance division has received two requests for reductions in utility accounts related to water leaks, as
follows:
1. The City received a request from Westgate Condominiums, a multi-family account, at the service address
2300 Benson Rd S, Bldg B (account #06322 -000). The leak was identified in a main line under th e parking
garage and subsequently repaired. Since the same account received a water leak adjustment in January 2014,
the account does not qualify for any refund related to the water portion of the bill. Per RMC 8 -4-46, utility
accounts may receive up to one water leak adjustment every five years. However, city sewer and King County
Metro charges related to leaked water consumption are still allowable, provided the leak occurred in a
primary service line. The following is a break down of the allowable adjustment, which covers December 2014
and January 2015 consumption charges:
Sewer $4,736.16
KC Metro 8,514.22
Total $13,250.38
2. The City received a request from Stir Restaurant, a non -residential account, at the service address 151
Sunset Blvd N (account #01736-000). There was a leak identified and subsequently repaired under the asphalt
and in the main service line. The following is a breakdown the adjustment requested, which covers the July
and August 2015 consumption charges.
Water $2,359.44
Sewer 4,230.72
KC Metro 7,702.08
Total $14,292.24
EXHIBITS:
A. Westgate Condos Adjustment Request
AGENDA ITEM #6. b)
B. Stir Restaurant Adjustment Request
STAFF RECOMMENDATION:
Staff recommends an adjustment to these accounts in the amounts of $13,250.38 and $14,292.24 for the
applicable water, sewer, and King County Metro portions of the bills in accordance with City Code 8-4-46 and
8-5-23.
AGENDA ITEM #6. b)
Leak Adjustment Calculation-MONTHLY READS
MTF Water and MTF Sewer
Service Address:
2300 Benson RD S BLDG B
2015
Customer:
0006322-000
Billed AVGE WATER 50%SEWER KC SEWERMonth
Jan-15
RATE
2014
Month
Dec-14
1060 33 0 1027 1027
-0 0 0
0 0 0
1060 33 0 1027 1027
per 100 ccf:2.54 $3.12 $5.68
$-$(3,204.24)$(5,833.36)
Billed AVGE WATER5O%SEWER KCSEWER
518 27 491 491
I 0 0
.0 0
$(9,037.60)
27518
RATE per 100 ccf:
Adjustment Total:
0 491 491
2.54 $3.12 $5.46
$(1,531.92)$(2,680.86)$(4,212.78)
$(4,736.16)$(8,514.22)$(13,250.38)
Main line leak under garage of B7.Water adjustment does not apply since leak adj in 2014.AGENDA ITEM #6. b)
LWaterLeakAljuslmenlRequestformDenisLaw,MayorIwenWang,AdministratorDate:2/jC)/CityAccountNumber:(C)(Q’22(5t)ServiceAddress:2’JDC)1LnS(YY’RBillingPeriod.aIfrclt2..ciILL—12J-QLocationType:SingleFamilyResidential-DNon-Residential-_1LeakAdjustmentPolicy(Ordinance5600,6-15-2011)CIIdTheCitywillprocessandgrantnomorethanonewaterbillingadjustmentforwaterleaksonthecustomers’sideofthewatermeterperwaterserviceconnectioneveryfive(5)years.Adjustmentswillbecalculatedoverthebillingperiodswhenthewaterleakoccurred,uptoamaximumoftwo(2)regularmeterreadingcycles.Leakadjustmentswillbegrantedforservicelinesonlybetweenthemeterandthefoundationofthebui1din.AwrittenrequestforawaterbillingadjustmentmustbesubmittedtoUtilityBillingCustomerServicewithinsixty(60)daysofdiscoveryofthewaterleakandlorsixty(60)daysofreceiptofanoticefromtheCityregardinghighwaterconsumptionandthataleakmighthaveoccurred.Thewrittenrequestmustincludetheserviceaddress,billingperiodsoverwhichtheleakoccurred,locationoftheleakandacopyoftherepairreceiptwithaclearwrittendescriptionofthecompletedrepair.Photosverifyingtherepairandthelocationoftheleakarestronglyrecommended.AdjustmentMethodology(Ordinance5210,6-5-06)Thewaterportionofthebillwillbeadjustedbychargingforonly50%oftheexcessconsumptionchargeoverthebillingperiod(s)whentheleakoccurred.Exampleofanadjustedwaterbillingcalculation:(0.50XConsumptioninexcessofhistoricalaverageforbillingperiod)XCommodityRate.Adjustmentsgreaterthan$2,000shallbesubmittedtotheFinanceCommitteeforapprovalordenial.TherewillbenoadjustmentoftheBasicMonthlyChargeoranyotherwatercharge.(Ord.5210,6-5-2006)•Fornon-residentialseweraccounts,afulladjustmentofthesewerbillwillbemadeforallleakedwaterthatdidnotenterthesanitarysewersystem.Theadjustmentwillbedeterminedbyaveragingnormalwaterconsumptionfrompreviousrepresentativebillingperiodsandchargingwastewatervolumeratesbasedonthisnormalaveragevolume.AdjustmentsgreaterthanS2,000shallbesubmittedtotheFinanceCommitteeforapprovalordeniaL.Therewillbenoadjustmentofthebasechargeoranyothersewercharge.DateLeakwasrepaired:j.Jj./I6LeakRepairedBy:tCCC’E—r\(LocationofLeak:.QULcyP1TypeofLeak:PropertyOwnerName\,%jPkCXhC’(rI..OS.ContactPhone#:L42/4S/_()ODPropertyOwnerSiawithoiproj%a171ApprovedDDeniedQReason_____________________________________________________________1055SGRADYWAY,RENTONWA98057PHONE:(425)-430-6852FAX:(425).430-6855—ORD.56584/23/2012AGENDA ITEM #6. b)
i,istry_____ilf*w1,ild7riSeaeServiceServiceInvoice:InvoiceDate:JobNumber:ContractCustomer:CallerName:CallerPhoneNo.:LeticiaHannah206-582-8160CustomerName:CustomerNumber:CustomerP0:Site:WestgateCondominiumsA2221WestgateCondominiums2300BensonRdSRentonWA98055206-841-2873WeAppreciateYourBusinessDescriptionPriceQtyTotalPriceLabor1PlumbingRegular149.00142,086.001Material2MaterialsII274.771Expense3Environmental/SafetyFee40.00140.004TruckServiceCharge65.00165.00Sub-Total:2,465.77Tax:234.25PaymentDueUponReceiptTotal:2,700.0:ProblemResolution:Leakonwatersupplytocondos.Usedjackhammerandchippingguntobreakthroughcement.Dugdowntofindleak,smallholeinsideofpipe.Removedandreplacedsectionofpiping.Turnedwaterontoverity.Backfihledandpouredbackcement.LiContactUs...206.762.5900Fax206.768.7754E-mail:billing@mckinstry.comPleasemaillowerportionwithcheckpayabletoMcKinstryCoLLC,doMcKinstryLockbox,P0Box3895,Seattle,WA98124.Pleasewriteyourinvoicenumberonyourcheck.00272151/7/20159013738NoICustomerInformationAGENDA ITEM #6. b)
Utility Rates 300333 6322-0 cons lvi rate/ccf 2013 2014 2015
Water 130 2’Non-Residential 1 .00 minimum 82.51 95.71 100.50 105.52 105.52
rate 2.73 3.16 3.32 3.48 3.48
130M 2”MTF 1 .00 minimum 82.51 95.71 100.50 105.52 105.52
rate 2.57 2.98 3.13 3.29 3.29
Renton 207 MFlCommlmonthly 1 7.50 minimum 23.88 25.08 26.33 27.65 27.65
Sewer rate 2.70 2.83 2.97 3.12 3.12
KCSewer 402 MFlCommlmonthly 1 7.50 minimum 37.26 37.26 40.95 40.95 42.61
rate 4.97 4.97 5.46 5.46 5.68—
Leak Letters
cust no cust sequence code request date req description
6322 0 4 INMJ 14-January-2015 Investigate Major Leak-now r
6322 0 4AMR 24-December-2014 AMR Major Leak Detected
6322 0 4 INMJ 03-December-2014 Investigate Major Leak-foIIov
6322 0 4 INMJ 29-October-2014 Investigate Major Leak
6322 0 4AMR 28-August-2013 AMR Major Leak Detected
AGENDA ITEM #6. b)
Leak Adjustment Information
By comaparison periods-Prior 2 years
2300 BENSON RD S BLDG B 6322 0
WESTGATE
CONDOMINIUM
Billed Consumption Amounts
and Consumption
300333 6322 1 1 130M CONSUMPTION $102.81 $104.64
33 32
2013 2014 2015
2 207 CONSUMPTION $75.39 $75.99 $3283.80
33 32 1060
$3487.40
1060
4 402 CONSUMPTION $138.02 $133.77 $5920.31
33 32 1060
12 1 130M CONSUMPTION $90.77 $1704.22 $0.00
29 518 0
2 207 CONSUMPTION $63.86 $1592.76 $0.00
29 518 0
P
4 402 CONSUMPTION $117.39 $2787.33 $0.00
29 518 0
Total 588 6399 12692
186 1650 3180
$588.00
186
6399.00
1650
$12692.00
3180
Total $AGENDA ITEM #6. b)
jStandardSprinybrook_____StandardSpringbrook.J__________‘EZZbLviConsumptionAmountLviConsumptionAmount________________IIA1111111i111111510.500001,592.7131510.500002,787.33StandardSpringbrook...L1JStandardSpringbrook__4._________________________..LviiConsumptionAmountiLviConsumptionAmounti789.375002,462.851263.12500820,95StandardSpringbrookSpnngbrook_________________LEczvLviConsumption-AmountLviConsumptionAmount-IA11111111111111IA1IIIIIII1789.375004A83.651263.125001,436.665C2t2.:?1--AGENDA ITEM #6. b)
Tran Date Tran Type Amount Description Water Sewer Storm KC Sewer Garbage Penalty Misc unapp Ca
06/29/200illing 391.18 104.45 61.37 128.20 97.16
06/16/2006’ayment -287.53 -75.80 -37.67 -76.90 -97.16
05/30/200alance 287.53 75.80 37.67 76.90 97.16
05/30/200illing 287.53 75.80 37.67 76.90 97.16
05/11/200ayment -425.73 -114.00 -69.27 -145.30 -97.16
04/28/200iIling 425.73 Balance from History Purge 114.00 69.27 145.30 97.16
09/30/201ilIing 484.57 207.51 100.97 176.09
Route Sequence Serial 3700 -005640 -08804596 Read Date Reading Consumption Meter Status Active
09/28/2015 4,339 31
08/26/2015 4,308 29
07/28/2015 4,279 29
06/26/2015 4,250 28
05/26/2015 4,222 30
04/27/2015 4,192 35
03/24/2015 4,157 28
02/25/2015 4,129 28
01/27/2015 4,101 1,060
12/22/2014 3,041 518
11/25/2014 2,523 341
10/27/2014 2,182 106
09/24/2014 2,076 28
08/26/2014 2,048 26
07/28/2014 2,022 32
06/24/2014 1,990 24
05/27/2014 1,966 23
04/28/2014 1,943 27
03/25/2014 1,916 24
02/27/2014 1,892 29
01/28/2014 -1,863 32
29
11/26/2013 1,802 23
10/30/2013 1,779 27
09/27/2013 1,752 569
08/26/2013 1,183 913
07/29/2013 270 62
06/26/2013 208 26
05/29/2013 182 32
04/26/2013 150 29
03/27/2013 121 29
02/25/2013 92 31
User ID:06322 Password:0333 Lot Size/SF:0.00 2300 BENSON RD S BLDG B
Phone Pay @1.800.430.1669/online @ www.rentonwa.gov Acreage:0.00 300333 006322 000
UB -Account History List (Printecb9/3o/2o15 -1O:33:AM Impervious:0.00 Page:
03 MAGENDA ITEM #6. b)
Route Sequence Serial 3700 -005640 -08804596 Read Date Reading Consumption Meter Status Active
O128/2013 61 33
12/28/2012 25
11/29/2012 3 3
11/27/2012 0 0
Route Sequence Serial 2560 -043470 -08804596 Read Date Reading Consumption Meter Status Removed
11/26/2012 5,301 48
10/08/2012 5,253 26
09/10/2012 5,227 22
08/17/2012 5,205 32
07/11/2012 5,173 22
06/19/2012 5,151 37
05/10/2012 5,114 21
04/17/2012 5,093 28
03/18/2012 5,065 34
02/17/2012 5,031 35
01/17/2012 4,996 30
12/19/2011 4,966 35
11/16/2011 4,931 26
10/21/2011 4,905 28
09/24/2011 4,877 40
08/15/2011 4,837 32
07/14/2011 4,805 25
06/16/2011 4,780 33
05/10/2011 4,747 17
04/22/2011 4,730 35
03/17/2011 4,695 27
02/17/2011 4,668 27
01/18/2011 4,641 35
12/13/2010 4,606 20
11/21/2010 4,586 37
10/22/2010 4,549 Est 24
09/20/2010 4,525 29
08/23/2010 4,496 35
07/19/2010 4,461 25
06/21/2010 4,436 35
05/14/2010 4,401 17
04/23/2010 4,384 39
03/12/2010 4,345 17
02/20/2010 4,328 34
User ID:06322 Password:0333 Lot Size/SF:0.00 2300 BENSON RD S BLDG B
Phone Pay @1.800.430.1669/online @ www.rentonwa.gov Acreage:0.00 300333 006322 000
UB -Account History List (Printectjg/30/2015 -12:44:PM Impervious:0.00 Page:
03 MAGENDA ITEM #6. b)
Tran Date Tran Type Amount Description Water Sewer Storm KC Sewer Garbage Penalty Misc unapp ca
05/23/2ollPayment -651.87 -194.35 -88.49 -147.42 -221.61
04/30/201’Balance 651.87 194.35 88.49 147.42 221.61
04/30/2OliBilling 430.26 194.35 88.49 147.42
04/21/2ollPayment -603.32 -213.75 -79.13 -131.04 -179.40
04/30/2OlLBilling 208.67 4-14.601.CT7.0015370.T 208.67
04/30/2OlLBilling 12.94 04/03/14.606.XOC.0015370.T 12.94
04/09/2014djustment 0.00 Interfund Transfer -29.27 29.27
03/30/2OlLBalance 603.32 213.75 79.13 131.04 208.67 -29.27
03/30/2OlLBilling 394.65 184.48 79.13 131.04
03/21/2014’ayment -633.40 -171.66 -94.73 -158.34 -208.67
03/30/2OlLBilling 208.67 3-14.601.CT7.0015370.T 208.67
02/28/2OltBalance 633.40 200.93 94.73 158.34 208.67 -29.27
02/28/2OlLBilling 454.00 200.93 94.73 158.34
02/28/2OliBilling 208.67 2-14.601.CT7.0015370.T 208.67
02/14/2ollPayment -732.93 -425.30 -103.64 -174.72 -29.27
01/30/2OlLBalance 703.66 425.30 103.64 174.72
01/30/2OlLBilling 488.52 210.16 103.64 174.72
01/28/2014djustment 0.00 Interfund Transfer -2,314.02 -442.04 3,804.60 -1,048.54
01/24/2ollPayment -638.53 -638.53
01/30/201Billing 208.67 1-14.601.CT7.0015370.T 208.67
01/10/2011djustment -1,836.63 Remove Penalty leal adj -1,836.63
01/30/201’Billing 6.47 01/03/14.606.XOC.0015370.T 6.47
01/06/201&etter 0.00 Past Due Notice
01/07/201idjustment -14,182.91 1 X 5YR LEAK ADJUST#1419 -2,220.74 -4,214.43 -7,747.74
12/30/201alance 16,658.07 5,388.43 4,656.47 3,943.14 833.40 1,836.63
12/30/201illing 439.80 191.27 90.19 158.34
12/30/201illing 198.73 12-13.601.CT7.0015370.T 198.73
12/17/201.djustment 61.54 Penalty 10%61.54
12/16/2013’ayment -575.33 -575.33
11/30/201alance 16,533.33 5,197.16 4,566.28 4,360.13 634.67 1,775.09
11/30/201illing 370.44 172.49 72.37 125.58
11/30/201illing 198.73 11-13.601.CT7.0015370.T 198.73
11/19/2013’ayment -615.41 -615.41
11/19/2olletter 0.00 Past Due Notice
11/19/2013djustment 689.33 Penalty 10%689.33
11/18/2olletter 0.00 Past Due Notice
11/30/201illing 6.16 10/24/13.606.XOC.0015370.T 6.16
11/01/2013ayment -3,567.91 -3,389.18 -178.73
10/30/201alance 19,451.99 5,024.67 4,493.91 8,239.14 608.51 1,085.76
10/30/2O1illing 416.68 185.01 84.25 147.42
10/30/2Ol3illing 198.73 10-13.601.CT7.0015370.T 198.73
10/21/201djustment 1,085.76 Penalty 10%1,085.76
User ID:06322 Password:0333 Lot Size/SF:0.00 2300 BENSON RD S BLDG B
Phone Pay @1.800.430.1669/online @ www.rentonWa.goV Acreage:0.00 300333 006322000
UB -Account History List (Printecbg/3o/2o15 -10:33:AM Impervious:0.00 Page:03 MTAGENDA ITEM #6. b)
AGENDA ITEM #6. b)
AGENDA ITEM #6. b)
AGENDA ITEM #6. b)
AGENDA ITEM #6. b)
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AGENDA ITEM #6. b)
AGENDA ITEM #6. b)
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AGENDA ITEM #6. b)
*AGENDA ITEM #6. b)
REGULAR COUNCIL - 09 Nov 2015
SUBJECT/TITLE: Partial Release of Easement; Bellevue TT LLC; RE-15-003
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT:
Expenditure Required: $ N/A Transfer Amendment: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
On October 29, 2015, Chris Tonkin of Bellevue TT LLC, 3300 Maple Valley Highway, Renton, WA 98058, filed an
application with the City of Renton for partial release of an existing easement recorded under King County
Auditor File Number 8312050539 as it relates to Lot 2 of City of Renton Lot Line Adjustment No. LUA -007-82,
according to the survey recorded in King under Recording No. 8207079005. An application filing fee of $250 has
been paid.
The property is located in the vicinity of NE 4th St & Union Ave. NE as part of the Taco Time/Starbucks project. The
request is made in connection with the construction of a new storm water drainage line and the granting of a new
easement in favor of the City of Renton, which will be recorded against the property.
The Community & Economic Development Department has verified the validity of the documents and recommends
approval of the partial release of easement, subject to the collection of the processing fee from the applicant.
ACTION NEEDED:
Determine whether the release of easement proposal should be granted, whether there are conditions of approval, and
whether an appraisal is necessary to determine the amount of compensation to be paid, if any.
EXHIBITS:
A. Application Letter
B. Draft Unsigned Partial Release of Easement
STAFF RECOMMENDATION:
Approve the partial release of easement, subject to the collection of the processing fee from the applicant.
AGENDA ITEM #6. c)
CITYOFRENTONOCT232U15Date:10/9/2015RECEIVEDCITYCLERKSOFFICECityofRenton1055SouthGradyWayRenton,WA98057Attention:RentonCityClerkRe:RentonHighlandsTacoTime/StarbucksRedevelopment(U14005665)RequestforPartialReleaseofEasementOnbehalfofBellevueTTLLC,aWashingtonlimitedliabilitypartnership,wearerequestingthattheutilityeasementrecordedunderKingCountyAuditorFileNumber8312050539bepartiallyreleased.ThisrequestismadeinconnectionwiththeconstructionofanewstormwaterdrainagelineandthegrantingofaneweasementinfavoroftheCityofRenton,whichwillberecordedagainsttheProperty.WehavealreadysubmittedexecutedeasementdocumentationtotheCityforthisneweasement.Attachedarethelegaldescriptionandexhibitmapshowingtherequestedpartialreleaseoftheexistingeasement.Ifyoushouldhaveanyquestionsorneedfurtherinformation,pleasedonothesitatetocontacttheundersignedat425988-2439Sincerely,ChrisTonkinBellevueTTLLCAGENDA ITEM #6. c)
ReturnAddress:CityClerk’sOfficeCityofRenton1055SouthGradyWayRenton,WA98057PartialReleaseofEasementPropertyTaxParcelNumber:ProjectFile#:StreetIntersection:ReferenceNumber(s)ofDocumentsassignedorreleased:AdditionalreferencenumbersareonpageGrantor(s):Grantee(s):1.CityofRenton,aMunicipalCorporationI.BellevueITLLCTheGrantor,astheownerofaneasementacquiredfromTotwayLimitedPartnership.KantonLeasingCorp..andSafewaystoresdatedon12/5/1983,recordedunderKingCountyRecordingNumber8312050539ofKingCounty,StateofWashington,overrealpropertydescribedbelow:SeeExhibit“A”Butthisreleaseshallnotimpairthe_________easementrightsacquiredandrecordedunderKingCountyRecordingNo.___________________astothe_________easementnotherebyreleased.Exceptasexplicitlyreleasedbythisdocument,theremainingCityEasementrightsshallremaininfullforceandeffect.TheCITYOfRENTONdoesherebyabandonandreleaseallrightsacquiredunderabovedescribedeasement.INWITNESSWHEREOF,saidCityhascausedthisinstrumenttobeexecutedbytheMayorandCityClerkthis
_________________dayof___________________,20........MAYORCITYCLERKSTATEOFWASHINGTON)COUNTYOFKINGIcertifythatIknoworhavesatisfactoryevidencethatJesseTannerandMarilynPetersenarethepersonswhoappearedbeforeme,andsaidpersonsacknowledgedthattheysignedthisinstrument,onoathstatedthattheywereauthorizedtoexecutetheinstrumentandacknowledgeditastheMAYOR,andtheCITYCLERK,CITYOFRENTON,tobethefreeandvoluntaryactofsuchpartiesfortheusesandpurposesmentionedintheinstrument.NotaryPublicinandfortheStateofWashingtonNotary(Print)___________________________________________Myappointmentexpires:Dated:PartialreleaseofeasementPWPSREOO2/bhAGENDA ITEM #6. c)
EXHIBITA”LEGALDESCRIPTIONUTILITYEASEMENTRELINQUISHMENTThatportionofaneasementasshownindocumenttitled“GrantofEasement(Utility)”recordedunderRecordingNumber8312050539,recordsofKingCounty,Washington,moreparticularlydescribedasfollows;Anyportionoftheabovedescribedeasementlyingover,underoracrossLot2ofCityofRentonLotLineAdjustment007-82,recordedunderRecordingNumber8207079005,recordsofKingCounty,Washington.ProjectName:TacoTime-RentonHighlandsOctober9,2015Page1of1TSL1258EXH03.dwgAGENDA ITEM #6. c)
1N3kNHSIflNt73ULN3P’J39V3SCNVJHOIHNOIN3U3kNIIOOVIYlo3oN1A3AnsarfT33dDN1w99—%6Lfccz):c.g—ccgCc)3NOHdOO+—lOO96VMNflflY3NJ33JS8.tZ‘DNIA3AHflSCNYJ./33HJ.)NVv/N1V3IId3AL7VINOZIdOH37V35OIHdUdOLSHil’3NIN3VfflDDG31VVd3Sd3d!NYflS33N11VdO1SO3SOdOddOLAA4‘Jç\cL)o,Q)o’6coZ3-sf\o_1181HX3AGENDA ITEM #6. c)
REGULAR COUNCIL - 09 Nov 2015
SUBJECT/TITLE: 2015 Emergency Management Performance Grant (EMPG)
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Fire & Emergency Services
STAFF CONTACT: Deborah Needham, Emergency Management Director
EXT.: 7027
FISCAL IMPACT:
Expenditure Required: $ N/A Transfer Amendment: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ 72,093.00
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
The purpose of the Emergency Management Performance Grant (EMPG) is to fund local emergency
management programs the city would not otherwise be able to provide. The EMPG provides
supplemental funding to support the key components of a comprehensive national emergency
management system for disasters and emergencies. Grant funds will be expended during FY2015,
per requirements of the EMPG. Council previously accepted the award letter, as the grant contract
itself was delayed this year.
EXHIBITS:
A. 2015 EMPG Contract E16-102
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the Washington State Military Department and the
Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract
E16-102.
AGENDA ITEM #6. d)
Form 05/12/2015 MLL
0BWashington State Military Department
2BHOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
Renton, City of
Fire & Emergency Services, Office of
Emergency Management
1055 South Grady Way
Renton, WA 98057-3232
2. Grant Agreement Amount:
$72,093
3. Grant Agreement Number:
E16-102
4. Subrecipient Contact, phone/email:
Deborah Needham, (425) 430-7027
dneedham@rentonwa.gov
5. Grant Agreement Start Date:
June 1, 2015
6. Grant Agreement End Date:
August 31, 2016
7. Department Program Manager, phone/email: Sierra Wardell, (253) 512-7121
sierra.wardell@mil.wa.gov
8. Data Universal Numbering System (DUNS):
092278894
9. UBI # (state revenue):
177-000-094
10. Funding Authority:
Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
EMW-2015-EP-00028-S01 12. Federal Award Date: 09/22/2015 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: 97.042 (15EMPG)
14. Total Federal Amount #:
$7,219,265
15. Program Index # & OBJ/SUB-OBJ:
753PT NZ
16. TIN:
91-6001271
17. Service Districts:
(BY LEGISLATIVE DISTRICT): 5, 11, 33, 38, 41
(BY CONGRESSIONAL DISTRICT): 9
18. Service Area by County(ies):
1BKing County
19. Women/Minority-Owned, State
Certified?: X N/A NO YES, OMWBE #_________
20. Agreement Classification
Personal Services Client Services X Public/Local Gov’t
Research/Development A/E Other_______
21. Contract Type (check all that apply):
Contract X Grant X Agreement
Intergovernmental (RCW 39.34) Interagency
22. Subrecipient Selection Process: X “To all who apply & qualify” Competitive Bidding
Sole Source A/E RCW N/A
Filed w/OFM? Advertised? YES NO
23. Subrecipient Type (check all that apply)
Private Organization/Individual For-Profit X Public Organization/Jurisdiction Non-Profit
CONTRACTOR X SUBRECIPIENT OTHER
24. PURPOSE & DESCRIPTION:
The purpose of the FY 2015 Emergency Management Performance Grant (15EMPG) is to provide U.S. Department of Homeland
Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs
as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 15EMPG Award EMW-2015-EP-00028-S01, which is incorporated
in and attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);
Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan 6. Other provisions of the Agreement incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
Richard A. Woodruff, Contracts Administrator
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz (signature on file 9/22/2015)
Assistant Attorney General
FOR THE SUBRECIPIENT:
_____________________________________________
Signature Date
Denis Law, Mayor
APPROVED AS TO FORM (if applicable):
_____________________________________________
ATTEST: Jason A. Seth, City Clerk Date
DHS-FEMA-EMPG-FFY 15 Page 1 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT MILITARY DEPARTMENT
Name Tami Dauenhauer Name Gary Stumph
Title Administrative Secretary Title Program Coordinator
E-Mail em@rentonwa.gov E-Mail gary.stumph@mil.wa.gov
Phone 425-430-7053 Phone 253-512-7483
Name Deborah Needham Name Sierra Wardell
Title Emergency Management Director
Title Program Manager
E-Mail dneedham@rentonwa.gov E-Mail sierra.wardell@mil.wa.gov
Phone 425-430-7027 Phone 253-512-7121
Name Mindi Mattson Name Dalton Gamboa
Title Emergency Management
Coordinator Title Program Assistant
E-Mail mmattson@rentonwa.gov E-Mail dalton.gamboa@mil.wa.gov
Phone 425-430-7041 Phone 253-512-7044
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 15EMPG Program, including, but not limited to, all criteria, restrictions and
requirements of the “Department of Homeland Security Notice of Funding Opportunity FY 2015 Emergency
Management Performance Grant” document published by FEMA, the DHS Award Letter for Grant No. EMW-
2015-EP-00028-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are
incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment #1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient
agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior
to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 15EMPG funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
CFR 200.330.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 15EMPG funds, including but not limited to those contained
in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient to comply with all applicable state
and federal laws, rules, regulations, requirements and program guidance identified
or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 15EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the “Department of Homeland Security
DHS-FEMA-EMPG-FFY 15 Page 2 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
Notice of Funding Opportunity FY 2015 Emergency Management Performance
Grant” document published by FEMA, the DHS Award Letter for Grant No. EMW -
2015-EP-00028-S01 in Attachment #1, and the federal regulations commonly
applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
15EMPG federal award funds provided to its subrecipient are used in accordance
with applicable federal and state statutes and regulations, and the terms and
conditions of the federal award set forth in Attachment #1 of this Agreement.
2. REIMBURSEMENT & BUDGET REQUIREMENTS
a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits,
printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an
indirect cost rate agreement negotiated between the federal cognizant agency for indirect
costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2
CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department.
However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient
may negotiate a rate with the Department or charge a de minimis rate of 10% of modified
total direct costs. The Subrecipient’s actual indirect cost rate may vary from the approved
rate, but must not exceed the indirect cost rate percentage identified in Exhibit E, Budget.
If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect
costs to previous subawards, a request for approval to charge indirect costs must be
submitted to the Department Key Personnel for approval with an explanation for the
change.
d. For travel costs, Subrecipients shall comply with 2 CFR 200.474 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now
existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and
follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without prior written approval by Department Key Personnel.
e. The Subrecipient will submit reimbursement requests to the Department by submitting a
properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the
format provided by the Department) detailing the expenditures for which reimbursement
is sought. Reimbursement requests must be submitted to Reimbursements@mil.wa.gov
no later than the due dates listed within the Timeline (Exhibit D), but not more frequently
than monthly.
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department. If the reimbursement request isn’t substantial
enough, the Subrecipient should request prior written approval from Department Key
Personnel to waive the due date in the Timeline (Exhibit D) and instead submit those costs
on the next scheduled reimbursement due date contained in the Timeline.
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department,
and local, state, or federal auditors.
DHS-FEMA-EMPG-FFY 15 Page 3 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a
request for Amendment of the Agreement and must be submitted to the Department Key
Personnel sufficiently in advance of the due date to provide adequate time for Department
review and consideration, and can be granted or denied within the Department’s sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within 45 days after
the Grant Agreement End Date, except as otherwise authorized by written amendment of
this Agreement and issued by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Timeline) will prohibit the
Subrecipient from being reimbursed until such complete reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers
between budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the
Grant Agreement Amount. Any adjustments to budget categories totals not in compliance
with this paragraph will not be reimbursed.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds, and will not use them to replace (supplant) non-federal funds that have
been budgeted for the same purpose. The Subrecipient may be required to demonstrate
and document that a reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federal funds.
3. REPORTING REQUIREMENTS
a. The Subrecipient shall submit with each reimbursement request a report indicating the
Work Plan activities the expenditures for which reimbursement is sought relate to, in the
format provided by the Department.
b. In conjunction with the next annual grant cycle application process, the Subrecipient shall
submit to the Department Key Personnel a final report describing all completed activities
under this Agreement. If a Subrecipient will not be applying for grant funding during the
next annual grant cycle application process, the Subrecipient will submit a final report with
its final reimbursement request to the Department detailing progress on all activities listed
in the Work Plan.
c. In conjunction with the final report, the Subrecipient shall submit a separate report detailing
how the EMPG Exercise and Training requirements were met for all personnel funded by
federal or matching funds under this Agreement.
d. The Subrecipient shall also comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note)
and complete and return to the Department the FFATA Form located at
http://mil.wa.gov/emergency-management-division/grants/requiredgrantforms, which is
incorporated by reference and made a part of this Agreement.
e. The Subrecipient shall participate in the State’s annual capabilities assessment for the
State Preparedness Report.
DHS-FEMA-EMPG-FFY 15 Page 4 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
4. EQUIPMENT MANAGEMENT
a. Subrecipients and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.318 – 200.326, to include but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient, or a
recognized non-federal entity to which the Subrecipient has made a subaward, for
which a contract, subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will be
recorded and maintained in the Subrecipient’s inventory system.
iii. Equipment records shall include: a description of the property; the manufacturer’s
serial number, model number, or other identification number; the source of the
equipment, including the Federal Award Identification Number (FAIN); Catalogue of
Federal Domestic Assistance (CFDA) number; who holds the title; the acquisition
date; the cost of the equipment and the percentage of Federal participation in the
cost; the location, use and condition of the equipment at the date the information
was reported; and disposition data including the date of disposal and sale price of
the property.
iv. The Subrecipient shall take a physical inventory of the equipment and reconcile the
results with the property records at least once every two years. Any differences
between quantities determined by the physical inspection and those shown in the
records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the
existence, current utilization, and continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of their equipment and supplies including all
questions of liability. The Subrecipient shall develop appropriate maintenance
schedules and procedures to ensure the equipment and supplies are well
maintained and kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards to
prevent loss, damage, and theft of the property. Any loss, damage, or theft shall
be investigated and a report generated and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary certifications and licenses
for the equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible return.
ix. If upon termination or at the Grant Agreement End Date, there is a residual
inventory of unused supplies exceeding $5,000 in total aggregate value which will
not be needed for any other Federal award, or when original or replacement
equipment is no longer needed for the original project or program or for other
activities currently or previously supported by a Federal agency, the Subrecipient
must comply with following procedures:
A. The Subrecipient may retain the supplies for use on other non-Federal related
activities or sell them, but must compensate the Federal sponsoring agency
for its share.
B. The Subrecipient must dispose of equipment as follows:
i. Items of equipment with a current per-unit fair market value of less than
$5,000 may be retained, sold or otherwise disposed of by the
Subrecipient with no further obligation to the awarding agency.
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AGENDA ITEM #6. d)
ii. Items of equipment with a current per-unit fair market value of more than
$5,000 may be retained or sold and the Subrecipient shall compensate
the Federal-sponsoring agency for its share.
x. Records for equipment shall be retained by the Subrecipient for a period of six years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or
audit is started before the expiration of the six year period, the records shall be
retained by the Subrecipient until all litigation, claims, or audit findings involving the
records have been resolved.
b. The Subgrantee shall comply with EMD’s Purchase Policy contained within the EMD
Purchase Workbook version 2015.1 located at http://mil.wa.gov/emergency-management-
division/grants/homeland-security-grants, incorporated by reference and made part of this
Agreement. No reimbursement will be provided unless the appropriate approval has been
received.
c. Allowable equipment categories for the 15EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at
http://www.fema.gov/preparedness-non-disaster-grants. The AEL consists of 21
categories which are divided into sub-categories. It is important the Subrecipient and any
non-federal entity to which the Subrecipient makes a subaward regard the AEL as an
authorized purchasing list identifying items allowed under the specific grant program, and
includes items that may not be categorized as equipment according to the federal, state,
local, and tribal definitions of equipment. Subrecipients are solely responsible for ensuring
purchased items under this Agreement are authorized as allowed items by the AEL at time
of purchase.
If the item is not identified on the AEL as allowable under EMPG, Subrecipients must
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
Subrecipients are solely responsible for ensuring equipment eligibility in accordance with
the AEL.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using Federal award
funds.
e. Equipment purchased with DHS federal award funds is to be marked with “Purchased
with funds provided by the U.S. Department of Homeland Security” when practicable.
f. As a subrecipient of federal funds, the Subrecipient must pass on equipment and supply
management requirements that meet or exceed the requirements outlined above to any
non-federal entity to which the Subrecipient makes a sub award of federal award funds
under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and
Historic Preservation (EHP) Program. Subrecipients are required to comply with DHS/FEMA EHP
Policy Guidance which can be found at https://www.fema.gov/office-environmental-planning-and-
historic-preservation; FP 108-023-1 Environmental Planning and Historic Preservation Policy
Guidance at http://www.fema.gov/media-library/assets/documents/85376; and FP 108.24.4
Environmental Planning and Historical Preservation Policy at https://www.fema.gov/media-
library/assets/documents/101537, all of which are incorporated in and made a part of this
Agreement.
a. Subrecipients proposing projects that have the potential to impact the environment,
including, but not limited to construction of communication towers, modification or
renovation of existing buildings, structures and facilities, or new construction including
replacement of facilities, must participate in the DHS/FEMA EHP review process prior to
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AGENDA ITEM #6. d)
project initiation. Modification of existing buildings, including minimally invasive
improvements such as attaching monitors to walls, and training or exercises occurring
outside in areas not considered previously disturbed also require a DHS/FEMA EHP
review before project initiation.
b. The EHP review process involves the submission of a detailed project description that
explains the goals and objectives of the proposed project along with supporting
documentation so FEMA may determine whether the proposed project has the potential
to impact environmental resources and/or historic properties.
c. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed before funds are reimbursed. Expenditures for projects
started before EHP process review completion approval is received will not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318
through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.11.
b. For all sole source contracts expected to exceed $150,000, The Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department’s monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department 2 CFR Part 200 Subpart F Audit Certification
Form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms with the signed Agreement and each fiscal year
thereafter until the Agreement is closed, which is incorporated by reference and made a
part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports;
ii. monitoring and documenting the completion of Agreement deliverables;
iii. documentation of phone calls, meetings, e-mails and correspondence;
iv. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget and federal
requirements;
v. observation and documentation of Agreement related activities, such as exercises,
training, funded events and equipment demonstrations;
vi. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
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AGENDA ITEM #6. d)
e. Compliancy will be monitored throughout the performance period to assess risk.
Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. All subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency (August
11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services; selecting language
services; and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on http://www.lep.gov. .
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach
and vocabulary for multiple agencies or jurisdictions to work together to build, sustain and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive (PPD)-8, to guide activities within the public and private sector
and describes the planning, organizational activities, equipping, training and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c. The Subrecipient agrees that in order to receive Federal Fiscal Year 2015 federal
preparedness funding, to include EMPG, NIMS compliance requirements for 2015 must
be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS/FEMA, which is provided to
assist state, local and tribal governments enhance and sustain all-hazards emergency
management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina
Emergency Management Act (6 U.S.C. § 762).
2. A portion of the 15EMPG grant was identified by the state to be passed through to local
jurisdictions and tribes with emergency management programs to supplement their local/tribal
operating budgets to help sustain and enhance emergency management capabilities under WAC
118-09.
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AGENDA ITEM #6. d)
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient’s application for funding, as approved by
the Department and incorporated into this Agreement. Funding may not be used to replace or
supplant existing local or tribal government funding of emergency management programs.
4. The Subrecipient shall provide a fifty percent match of $72,093 of non-federal origin. To meet
matching requirements, the Subrecipient cash matching contributions must be considered
reasonable, allowable, allocable, and necessary under the grant program and must comply with
all Federal requirements and regulations, including but not limited to 2 CFR Part 200. An
appropriate mechanism must be in place to capture, track, and document matching funds.
5. Exercises that are implemented with EMPG Program funds under this Agreement must meet the
requirements of the 15EMPG Program.
6. All personnel funded in any part through federal award or matching funds under this Agreement
shall participate in no less than three exercises in a 12-month period. The Subrecipient will report
exercise participation along with the final report.
7. All personnel funded in any part through federal award or matching funds under this Agreement
shall complete the following training requirements and record proof of completion: NIMS Training
ICS 100, ICS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS 120,
IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244. The Subrecipient will report training course
completion by individual personnel along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 15EMPG Program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 15EMPG Award Letter and its incorporated documents for DHS Grant No.
EMW -2015-EP-00028-S01, which are incorporated and made a part of this Agreement as Attachment
#1.
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AGENDA ITEM #6. d)
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. “Agreement” means this Grant Agreement.
b. “Department” means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a subrecipient
under this Agreement.
c. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of “subrecipient” is the same as in 2 CFR 200.93
for all other purposes.
d. “Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
f. “Investment” means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby incorporated into this Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
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AGENDA ITEM #6. d)
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement
shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will
ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (http://www.sam.gov) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries’ “Debarred Contractor List”
(http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/). The
Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and
services with any party on the Department of Enterprise Services’ Debarred Vendor List
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into, and is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code.
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
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AGENDA ITEM #6. d)
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-contractors that are entered into under the original contract
award. The procurement process followed shall be in accordance with 2 CFR Part 200.318
General procurement standards through 200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part,
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 CFR part
60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
4) 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 CFR Part 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
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 CFR Part 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
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AGENDA ITEM #6. d)
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.
5) 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 CFR Part 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.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §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 CFR Part 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.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires 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).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 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 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
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.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not 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. Each tier must also 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.
10) Procurement of recovered materials -- As required by 2 CFR 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 CFR part 247 that contain the
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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.
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the Federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) 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 (Pub. L. 94–163, 89 Stat. 871).
b. The Department reserves the right to review the Subrecipient procurement plans and documents,
and require the Subrecipient to make changes to bring its plans and documents into compliance
with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure
that its procurement process requires contractors and subcontractors to provide adequate
documentation with sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share
equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its sub-contractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
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AGENDA ITEM #6. d)
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or Subrecipient's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department’s Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties’ Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement
as a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its work place does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
DHS-FEMA-EMPG-FFY 15 Page 15 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
the Department and its employees and agents from all liability, damages and costs of any nature,
including but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department’s name is mentioned or language used from
which the connection of the Department’s name may, in the Department’s judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by CFDA number, and a statement that the publication does not constitute an
endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other
electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts,
subawards, grant administration, and payments, including all direct and indirect charges, and
expenditures in the performance of this Agreement (the “records”).
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and
audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their
designees, by the Comptroller General of the United States or its designees, or by other state or
federal officials authorized by law, for the purposes of determining compliance by the Subrecipient
with the terms of this Agreement and to determine the appropriate level of funding to be paid under
the Agreement.
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AGENDA ITEM #6. d)
c. The records shall be made available by the Subrecipient for such inspection and audit, together with
suitable space for such purpose, at any and all times during the Subrecipient's normal working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded
project(s) for a period of at least six (6) years following final payment and closure of the grant under
this Agreement. Despite the minimum federal retention requirement of three (3) years, the more
stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing Federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable Federal,
State, and local permits and clearances are obtained, including but not limited to FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or
attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal year
of federal funds from all sources, direct and indirect, are required to have a single or a program-specific
audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than
$750,000 a year in federal awards are exempt from federal audit requirements for that year, except as
noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity” means
a State, local government, Indian tribe, institution of higher education, or non-profit organization that
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any sub-contractors also maintain auditable records. The Subrecipient is
responsible for any audit exceptions incurred by its own organization or that of its sub-
contractors. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The Subrecipient must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting
from the audit.
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AGENDA ITEM #6. d)
Once the single audit has been completed and it includes any audit findings, the Subrecipient must send
a full copy of the audit to the Department and its corrective action plan no later than nine (9) months after
the end of the Subrecipient’s fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
Subrecipient must send a letter identifying this Agreement and explaining the criteria for exemption no
later than nine (9) months after the end of the Subrecipient’s fiscal year(s) to the address listed above:
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result
in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the State of Washington by reason of this Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations
of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law.
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AGENDA ITEM #6. d)
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a
“Termination for Convenience”.
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
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AGENDA ITEM #6. d)
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in
relation to this Agreement except as may be necessary for completion of such portion of the work
under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department,
all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated,
in which case the Department has the right, at its discretion, to settle or pay any or all claims arising
out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts,
with the approval or ratification of the Department to the extent the Department may require, which
approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by
the Department any property which, if the Agreement had been completed, would have been required
to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the Department
in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the Subrecipient
and in which the Department has or may acquire an interest.
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified
in WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
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AGENDA ITEM #6. d)
Exhibit C
15EMPG WORK PLAN
Emergency Management Organization: Renton, City of
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of
emergency management: prevention; protection; response; recovery, and mitigation. Washington State does not require
a specific number of activities to receive EMPG funding. However, there are required capabilities that must be conducted
in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the
public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the Emergency Management
Organization's emergency management program planning and priority focus for this grant cycle (to include 15EMPG grant
and local funds).
Program Area #1 Communications OBJECTIVE Maintain the city's capability to issue emergency notifications to the public and to summon and
communicate with responding personnel. Presently, there is no single-source location of all employees
which can be referenced to call them in for disaster assignments. During last year's large fire incident, it
was clear that department and division heads do not have this information readily accessible either, so this
is a gap.
Emergency Management Function: Communications and Warning
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
The city will have robust and redundant means of
communicating emergency messages. There will be a successful test callout reaching 75% of the
personnel contacts attempted using the enhanced system.
ACTIVITIES 1
Annual subscription for Renton RedAlert automated notification system. sustainment
Milestone: Submit contract in December 2015 to renew effective
January 1, 2016. November 2015 to January 2016
2
Database development and/or software to categorize employee capabilities and training and to
maintain updated contact information to be used in a callout system for emergencies. enhancement
Milestone: Select and develop or implement product. September 2015 to February 2016
Milestone: Incorporate employee callout using the new system in
an exercise. May 2016 to June 2016
3 Radio and other communications supplies, small parts for repairs. sustainment
Milestone: Communications maintained in good repair. June 2015 to July 2016
Program Area #2 Operational Readiness OBJECTIVE Multiple exercises have demonstrated that people do not intuitively access written checklists and binders
but rely on electronic files. Based on that fact and research indicating strong evidence that moving away
from static linear checklists and moving to a more dynamic, navigable format increases creativity and
quality decision making, prompted the decision to transition the Section Chief EOC SOPs into electronic
format for better usability and clarity in conducting EOC operations. Replenish consumable EOC supplies
and ensure EOC is fully supplied and equipped for a full activation that extends beyond one day. Review
critical supply needs for ESF holders and replenish supplies as needed (e.g., sheltering supplies, etc.).
Emergency Management Function: Operations and Procedures
DHS-FEMA-EMPG-FFY 15 Page 21 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
Emergency functions, including those in the EOC, will be
supplied and equipped to allow staff to operate with maximum
efficiency under emergency conditions. Electronic navigation
will increase speed of access to correct forms, prompt more
information sharing, and by moving to a non-linear format will
stimulate more creative thinking and solutions in the disaster
response.
- Information management system is implemented with 20
EOC staff and volunteers trained in its use.
- 4 electronic SOPs are created for Section Chiefs in the EOC.
- EOC inventory and shelter inventory is maintained at
greater than 90% of recommended quantities.
ACTIVITIES 1
Purchase and implement information management system to be populated and generate
situation reports, share situational awareness, and track tasks enhancement
Milestone: Purchase and install system September 2015 to October 2015
Milestone: Conduct training and mini-exercise to test system November 2015 to March 2016
2
Revise remaining EOC SOPs for Sections Chiefs and migrate them into new electronic template enhancement
Milestone: Rewrite content August 2015 to December 2015
Milestone: Migrate into electronic format and test them December 2015 to May 2016
3
Purchase supplies for EOC and other ESF holders sustainment
Milestone: Order and restock expiring MREs August 2015 to October 2015
Milestone: Replenish and add to shelter supplies June 2016 to July 2016
Program Area #3 Training OBJECTIVE Enhance the knowledge and skills of personnel with disaster assignments so that they can better perform
their duties under emergency conditions. City staff have extremely small training budgets that cover only
the basics of their department's responsibilities under the CEMP. Meaningful emergency management
training (beyond just the basics) for the non-first-responder departments has historically been provided by
emergency management. Because departments provide staff to disaster assignments only in addition to
their normal day-to-day roles, budgets do not otherwise provide for their emergency training, and
volunteers do not have the means to obtain it on their own. Support for EM related training closes an
important gap in the training of staff and volunteers. Training opportunities will be chosen based on what
is available and within budget but prioritized topics include: 1) Crisis Communications and PIO training, 2)
Social media and technology training, 3) Section Chief training (if available locally), and 4) Local EM
conference (usually PIEPC) for multiple department participants to gain a broader understanding of EM and
their role in it.
Emergency Management Function: Training
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
City staff, volunteers and supporting agencies have the training
they need to carry out their assigned duties in an emergency. Ten or more training instances have been provided and taken
by the targeted persons.
ACTIVITIES 1
Provide ten opportunities for city staff, volunteers, or supporting agencies with training in
emergency response or recovery duties sustainment
Milestone: Identify training opportunities and prioritize personnel
attendance September 2015 to February 2016
Milestone: Staff attend Partners in Emergency Preparedness
Conference April 2016 to April 2016
DHS-FEMA-EMPG-FFY 15 Page 22 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
Program Area #4 Community Outreach OBJECTIVE There is an ongoing need to continue to educate the community about the need for disaster preparedness
and how to access and use certain tools and skills during an emergency (e.g., Renton RedAlert,
Neighborhood Information Centers, CERT skills, etc.). There is also an ongoing effort to engage community
organizations and private sector partners to work with the city in order to have the best possible response
to and recovery from a disaster. This will continue to be an ongoing effort because of attrition and changes
in partners. Currently, the City is planning to engage a mental health provider in providing training to local
shelter operators and churches to help them identify mental health issues in disaster survivors and create a
proper referral process. This is a first step in folding into a comprehensive case management strategy with
Public Health. The partners and players are constantly moving and changing depending on staff, funding,
space, etc. The City will continue looking for gaps and seeking ways to leverage community partners to help
close gaps when city resources are insufficient to staff these functions.
Emergency Management Function: Crisis Communications, Public Education and Information
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
Members of the community and partner organizations are
aware of their role in an emergency and know what they
should do.
- 75% of participants in public education trainings report on a
survey an increased awareness of the issues following
participation in the outreach activity.
- Two or more new organizations join the COAD.
ACTIVITIES 1
Provide public education for members of the public and assisting organizations sustainment
Milestone: Conduct Ready in Renton campaign July 2015 to October 2016
Milestone: Publish Renton Emergency Preparedness Academy
course listings June 2015 to July 2016
2
Engage more members in the Greater Renton COAD enhancement
Milestone: Two more member organizations formally incorporated
into COAD June 2015 to July 2016
Program Area #5 Exercise OBJECTIVE As the EOC SOPs are being re-written, only smaller exercises have been conducted by the city. June 2016
will be the first opportunity to test all the new SOPs in a major exercise. As the CEMP is being revised over
the next year and a half, additional opportunities will arise to create an exercise when there is a need to
test out a newly proposed plan element.
Emergency Management Function: Exercises, Evaluations and Corrective Actions
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
EOC staff and ESF holders demonstrate their ability to carry out
their emergency functions under simulated conditions. City staff, volunteers, and/or affiliated agencies participate in
three or more exercises during the performance period.
ACTIVITIES 1
Contribute to the design of and participate in one major exercise, and participate in at least two
others enhancement
Milestone: Participate in Cascadia Rising 2016 June 2015 to July 2016
Milestone: Participate in two additional exercises June 2015 to July 2016
DHS-FEMA-EMPG-FFY 15 Page 23 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
Exhibit D
TIMELINE
FFY 2015 Emergency Management Performance Grant Program
DATE TASK
June 1, 2015 Grant Agreement Start Date
January 30, 2016 Submit reimbursement request
April 30, 2016 Submit reimbursement request
August 31, 2016 Grant Agreement End Date
October 15, 2016 Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA-EMPG-FFY 15 Page 24 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
Exhibit E
BUDGET
FFY 2015 Emergency Management Performance Grant Program
15EMPG AWARD 72,093.00$
SOLUTION
AREA CATEGORY EMPG AMOUNT MATCH AMOUNT
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors 9,418$ -$
Goods & Services -$ -$
Travel/Per Diem -$ -$
Indirect 0%-$ -$
Subtotal 9,418$ -$
Salaries & Benefits -$ 124,845$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services 52,675$ -$
Travel/Per Diem -$ -$
Indirect 0%-$ -$
Subtotal 52,675$ 124,845$
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services 1,000$ -$
Travel/Per Diem -$ -$
Indirect 0%-$ -$
Subtotal 1,000$ -$
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services 5,000$ -$
Travel/Per Diem 4,000$ -$
Indirect 0%-$ -$
Subtotal 9,000$ -$
Equipment -$ -$
Indirect 0%-$ -$
Subtotal -$ -$
Salaries & Benefits -$ -$
Overtime/Backfill -$ -$
Consultants/Contractors -$ -$
Goods & Services -$ -$
Travel/Per Diem -$ -$
Indirect 0%-$ -$
Subtotal -$ -$
TOTAL Grant Agreement AMOUNT:72,093$ 124,845$ M&APLANNINGORGANIZATION EXERCISETRAININGEQUIP
• The Subrecipient will provide a match of at least $72,093, 50% of the total project cost (local/tribal budget plus EMPG
award), of non-federal origin.
• Cumulative transfers between budget categories in excess of 10% of the grant agreement amount will not be
reimbursed without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 753PT – EMPG
DHS-FEMA-EMPG-FFY 15 Page 25 of 25 Renton, City of, E16-102
AGENDA ITEM #6. d)
Attachment 1
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Bret Daugherty
Washington Military Department
Building 20
Camp Murray, WA 98430
Re: Grant No. EMW-2015-EP-00028
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY) 2015 Emergency Management Performance Grants has been approved in the amount of $7,219,265.00 .
As a condition of this award, you are required to contribute a cost match in the amount of $7,219,265.00 of non-Federal funds,
or 50 percent of the total approved project costs of $14,438,530.00 .
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
• Agreement Articles (attached to this Award Letter)
• Obligating Document (attached to this Award Letter)
• FY 2015 Emergency Management Performance Grants Funding Opportunity Announcement.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please go on-line to the ND Grants system at https://portal.fema.gov. After logging in, you will see a subtitle Grants
Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award
packages. Click the Review Award Package link to review and accept the award package for your award. Please print your
award package for your records.
Step 2: Please fill out and have your bank complete and sign the SF 1199A, Direct Deposit Sign-up Form. The information on
the 1199A must match your SAM record. Be sure to include your DUNS and grant number on the form in Section 1F “Other.”
The SF 1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor
Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial
institution. Please pay careful attention to the instructions on the form.
FEMA Finance Center
Attn: Vendor Maintenance
P.O. Box 9001
Winchester, VA 22604
Secured Fax: (540) 504-2625
Email: FEMA-Finance@FEMA.DHS.gov
System for Award Management (SAM): Please ensure that your organization’s name, address, DUNS number, EIN, and
banking information are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all - 1 -
AGENDA ITEM #6. d)
Attachment 1
FEMA awards. The System for Award Management is located at http://www.sam.gov. Future payments will be contingent on
the information provided in the SAM; therefore it is imperative that the information is correct.
If you have any questions or concerns regarding the process to request your funds, please call (866) 927-5646.
JEFFREY JAMES, Acting Division Director, FEMA Region X
- 2 -
AGENDA ITEM #6. d)
Attachment 1
Agreement Articles
2014-10-01 00:00:00.0
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
GRANTEE: Washington Military Department
PROGRAM: Emergency Management Performance
Grants
AGREEMENT
NUMBER:
EMW -2015-EP-00028-S01
TABLE OF CONTENTS
Article I 2015 EMPG HOLD on FUNDS
Article II Acknowledgement of Federal Funding
from DHS
Article III Activities Conducted Abroad
Article IV Age Discrimination Act of 1975
Article V Americans with Disabilities Act of 1990
Article VI Best Practices for Collection and Use of
Personally Identifiable Information (PII)
Article VII Title VI of the Civil Rights Act of 1964
Article VIII Civil Rights Act of 1968
Article IX Copyright
- 3 -
AGENDA ITEM #6. d)
Attachment 1
Article X Assurances, Administrative
Requirements and Cost Principles
Article XI Debarment and Suspension
Article XII Drug-Free Workplace Regulations
Article XIII Duplication of Benefits
Article XIV Energy Policy and Conservation Act
Article XV Reporting Subawards and Executive
Compensation
Article XVI False Claims Act and Program Fraud
Civil Remedies
Article XVII Federal Debt Status
Article XVIII Fly America Act of 1974
Article XIX Hotel and Motel Fire Safety Act of 1990
Article XX Limited English Proficiency (Civil Rights Act of
1964, Title VI)
Article XXI Lobbying Prohibitions
Article XXII Non-supplanting Requirement
Article XXIII Patents and Intellectual Property Rights
Article XXIV Procurement of Recovered Materials
Article XXV Contract Provisions for Non-federal Entity
Contracts under Federal Awards
Article XXVI SAFECOM
Article XXVII Terrorist Financing E.O. 13224
Article XXVIII Title IX of the Education Amendments of 1972
(Equal Opportunity in Education Act)
Article XXIX Trafficking Victims Protection Act of 2000
Article XXX Rehabilitation Act of 1973
Article XXXI System of Award Management and Universal
Identifier Requirements
Article XXXII USA Patriot Act of 2001
Article XXXIII Use of DHS Seal, Logo and Flags
Article XXXIV Whistleblower Protection Act
Article XXXV DHS Specific Acknowledgements and
Assurances
Article XXXVI Disposition of Equipment Acquired Under the
Federal Award
Article XXXVII Prior Approval for Modification of Approved
Budget
Article XXXVIII Acceptance of Post Award Changes
- 4 -
AGENDA ITEM #6. d)
Attachment 1
Article I - 2015 EMPG HOLD on FUNDS
This special condition is hereby applied to the Washington Military Department’s FY 2015 EMPG award. The
recipient agrees not to obligate, expend or drawdown 100% of the Federal share, $7,219,265 until a 2015
EMPG Work Plan, which includes the program narrative, grant activities outline, budget, budget detail, and
data tables, have been reviewed and approved by the FEMA Regional Program Manager, and an official notice
has been issued removing this special condition. This 2015 EMPG Work Plan shall be submitted by 5:00 p.m.
Pacific Daylight Time on October 9, 2015 in ND Grants.
Article II - Acknowledgement of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part
with Federal funds.
Article III - Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
Article IV - Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et
seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial
assistance.
Article V - Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act,
which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12101–12213).
Article VI - Best Practices for Collection and Use of Personally Identifiable Information (PII)
All recipients who collect PII are required to have a publically-available privacy policy that describes what PII
they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their
PII corrected where appropriate.
Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance
and Privacy template respectively
Article VII - Title VI of the Civil Rights Act of 1964
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d
et seq.), which provides that no person in the United States will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6
C.F.R. Part 21 and 44 C.F.R. Part 7.
Article VIII - Civil Rights Act of 1968
All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in
connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42
U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R.
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing
with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all
units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and
constructed with certain accessible features (see 24 C.F.R. § 100.201).
Article IX - Copyright
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AGENDA ITEM #6. d)
Attachment 1
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of
Government sponsorship (including award number) to any work first produced under Federal financial assistance
awards, unless the work includes any information that is otherwise controlled by the Government
(e.g., classified information or other information subject to national security or export control laws or regulations).
Article X - Assurances, Administrative Requirements and Cost Principles
Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances – Non-
Construction Programs. Certain assurances in this document may not be applicable to your program, and the
awarding agency may require applicants to certify additional assurances. Please contact the program awarding
office if you have any questions.
The administrative and audit requirements and cost principles that apply to DHS award recipients originate from 2
C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, as adopted by DHS at 2 C.F.R. Part 3002.
Article XI - Debarment and Suspension
All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal
government.
Article XII - Drug-Free Workplace Regulations
All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires
that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS
has adopted the Act’s implementing regulations at 2 C.F.R Part 3001.
Article XIII - Duplication of Benefits
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be
charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal
statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this
prohibition would not preclude the non-Federal entity from shifting costs that are allowable under two or more
Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the
Federal awards.
Article XIV - Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issues in compliance with this Act.
Article XV - Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates $25,000 or more in Federal funds that does not include Recovery
funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in
which the obligation was made (For example, if the obligation was made on November 7,
2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission
instructions posted at http://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if—
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AGENDA ITEM #6. d)
Attachment 1
i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the
preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph
b.1. of this award term: i. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is made, and annually
thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award
term, for each first-tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency
Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described in
paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given
year (i.e., between October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 of that year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the
requirements to report:
i. Subawards,
And
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
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AGENDA ITEM #6. d)
Attachment 1
iv. A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal
entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec. __ .210 of the attachment to OMB
Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”).
iii. A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to
you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during the
recipient's or subrecipient's preceding fiscal year and includes the following (for more information
see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees. iv. Change in pension
value. This is the change in present value of defined benefit and actuarial pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
Article XVI - False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal
payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the
administrative remedies for false claims and statements made.
Article XVII - Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt
include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-
129 and form SF-424B, item number 17 for additional information and guidance.
Article XVIII - Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. § 41102) for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
Article XIX - Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must
ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds
complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. §2225.
- 8 -
AGENDA ITEM #6. d)
Attachment 1
Article XX - Limited English Proficiency (Civil Rights Act of 1964, Title VI)
All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs
and services. Providing meaningful access for persons with LEP may entail providing language assistance
services, including oral interpretation and written translation. In order to facilitate compliance with Title VI,
recipients are encouraged to consider the need for language services for LEP persons served or encountered in
developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS published the required
recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg.
21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine
the extent of its obligation to provide language services; selecting language services; and elements of an effective
plan on language assistance for LEP persons. For additional assistance and information regarding language
access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-accesspeople-limited and additional resources on
http://www.lep.gov.
Article XXI - Lobbying Prohibitions
All recipients must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an award
may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any Federal action concerning the award or renewal.
Article XXII - Non-supplanting Requirement
All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal
funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal
sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be
required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than
the receipt of expected receipt of Federal funds.
Article XXIII - Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended,
and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14.
Article XXIV - Procurement of Recovered Materials
All recipients 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. Part 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 by 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.
Article XXV - Contract Provisions for Non-federal Entity Contracts under Federal Awards
a. Contracts for more than the simplified acquisition threshold set at $150,000.
All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is
the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense
Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative,
contractual, or legal remedies in instance where contractors violate or breach contract terms and provide
for such sanctions and penalties as appropriate.
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AGENDA ITEM #6. d)
Attachment 1
b. Contracts in excess of $10,000.
All recipients that have contracts exceeding $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
Article XXVI - SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment and
its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
Article XXVII - Terrorist Financing E.O. 13224
All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal
responsibility of recipients to ensure compliance with the E.O. and laws.
Article XXVIII - Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. §
1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any educational program or
activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44
C.F.R. Part 19
Article XXIX - Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government-wide award term which implements Section
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). This is
implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November
13, 2007. Full text of the award term is located at 2 CFR § 175.15.
Article XXX - Rehabilitation Act of 1973
All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §
794, as amended, which provides that no otherwise qualified handicapped individual in the United States will,
solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance. These requirements pertain
to the provision of benefits or services as well as to employment.
Article XXXI - Syst em of Award Management and Universal Identifier Requirements
A. Requirement for System of Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
currency of your information in the SAM until you submit the final financial report required under this award or
receive the final payment, whichever is later. This requires that you review and update the information at least
annually after the initial registration, and more frequently if required by changes in your information or another
award term.
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term)
may receive a subaward from you unless the entity has provided its unique entity identifier to you.
2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to
you.
C. Definitions
For purposes of this award term:
1. System of Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
- 10 -
AGENDA ITEM #6. d)
Attachment 1
about registration procedures may be found at the SAM Internet site (currently at
http://www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to uniquely identify
business entities.
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A
foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-
Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see 2 CFR 200.330).
c. A subaward may be provided through any legal agreement, including an agreement that
you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
Article XXXII - USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–
175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological
agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic,
protective, bona fide research, or other peaceful purpose.
Article XXXIII - Use of DHS Seal, Logo and Flags
All recipients must obtain DHS’s approval prior to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
Article XXXIV - Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
U.S.C § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310
Article XXXV - DHS Specific Acknowledgements and Assurances
All recipients must acknowledge and agree—and require any sub-recipients, contractors, successors,
transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint investigation conducted by
DHS.
2. Recipients must give DHS access to and the right to examine and copy records, accounts, and
other documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by DHS
regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
- 11 -
AGENDA ITEM #6. d)
Attachment 1
5. If, during the past three years, the recipient has been accused of discrimination on the grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS awarding office and the DHS
Office of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status against the recipient, or the recipient settles a case or matter alleging such
discrimination, recipients must forward a copy of the complaint and findings to the DHS Component
and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
Article XXXVI - Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no
longer needed for the original project or program or for other activities currently or previously supported by
DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment
pursuant to 2 C.F.R. § 200.313.
Article XXXVII - Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award, you must request prior written
approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater
than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without
prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to
exceed ten percent (10%) of the total budget DHS/ FEMA last approved. You must report any deviations from
your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget
deviation, regardless of whether the budget deviation requires prior written approval.
Article XXXVIII - Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been
made, including changes to period of performance or terms and conditions, recipients will be notified of the
changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient
acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail
to ASK-GMD@dhs.gov if you have any questions.
- 12 -
AGENDA ITEM #6. d)
Obligating Document for Award/Amendment
1a. AGREEMENT NO. 2. 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO.
EMW -2015-EP-00028-S01 AMENDMENT 916001095G NO. ACTION FY2015R10EMPG
NO. AWARD
***
6. RECIPIENT NAME AND
ADDRESS
Washington Military
Department
Building 20
Camp Murray, WA, 98430
7. ISSUING FEMA OFFICE AND
ADDRESS
Grant Operations
245 Murray Lane - Building 410, SW
Washington DC, 20528-7000
POC: 866-927-5646
8. PAYMENT OFFICE AND ADDRESS
Financial Services Branch
500 C Street, S.W., Room 723
Washington DC, 20472
9. NAME OF RECIPIENT
PROJECT OFFICER
Sierra Wardell
PHONE NO.
(253)
512-7121
10. NAME OF FEMA PROJECT COORDINATOR
Central Scheduling and Information Desk
Phone: 800-368-6498
Email: Askcsid@dhs.gov
To:
009/30/2016
009/30/2016
11. EFFECTIVE DATE OF
THIS ACTION
10/01/2014
12.
METHOD
OF
PAYMENT
PARS
13. ASSISTANCE ARRANGEMENT
Cost Reimbursement
14. PERFORMANCE PERIOD
From:
10/01/2014
Budget Period
10/01/2014
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM
NAME
ACRONYM
CFDA NO. ACCOUNTING DATA
(ACCS CODE)
XXXX-XXX-
XXXXXXXXXXX-XXXX-
XXXX-X
PRIOR
TOTAL
AWARD
AMOUNT
AWARDED
THIS
ACTION
+ OR (-)
CURRENT
TOTAL
AWARD
CUMULATIVE NON-
FEDERAL
COMMITMENT
Emergency
Management
Performance
Grants
97.042 2015-EM-D111-R107-
4101-D:FY2015R10EMPG
$ 7,219,265.00
$0.00 $7,219,265.00 $7,219,265.00 $7,219,265.00
TOTALS $0.00 $7,219,265.00 $7,219,265.00 $7,219,265.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS
DOCUMENT TO FEMA (See Block 7 for address)
Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However, recipients
should print and keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
Bret Daugherty, The Adjutant General
DATE
09/22/2015
AGENDA ITEM #6. d)
18. FEMA SIGNATORY OFFICIAL (Name and Title)
KIMBERLY PENFOLD , Assistance Officer
DATE
09/14/2015
AGENDA ITEM #6. d)
REGULAR COUNCIL - 09 Nov 2015
SUBJECT/TITLE: Final Pay Estimate CAG 15-099 SE 165th Sanitary Sewer Extension
Contractor: Scotty’s General Construction
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Michael Benoit, Civil Engineer
EXT.: 7206
FISCAL IMPACT:
Expenditure Required: $ 6,640.76 Transfer Amendment: $ N/A
Amount Budgeted: $ 10,000 Revenue Generated: $ N/A
Total Project Budget: $ 150,000 City Share Total Project: $ N/A
SUMMARY OF ACTION:
The project was awarded on June 1, 2015. Construction began on August 17, 2015, and was completed on
October 2, 2015. The original contract amount was $127,504.12 and the final amount is $120,656.76, a
decrease of $6,847.36. The cost decrease was due to reduction of quantities (i.e. use of appropriate native
material instead of imported backfill).
The 2015 budget for the SE 165th Sanitary Sewer Extension Project is $150,000 (426.465509). The final pay
estimate is $6,640.76. The amount budgeted for this project is enough to cover the construction, engineering
and staff costs of this project.
EXHIBITS:
A. Final Pay Estimate
B. Notice Of Completion of Public Works Contract
STAFF RECOMMENDATION:
Accept the project, approve the final pay estimate in the amount of $6,640.76 and release the retainage in the
amount of $5,509.44 after 60 days, subject to the receipt of all required authorizations.
AGENDA ITEM #6. e)
TO:FINANCEDIRECTORIESTIMATENO.2&FinalFINANCEDEPARTMENTACTION:PAYMENTTOCONTRACTOR(Lines5and11):ACCOUNT#426.465509.018.594.35.63.000RETAINEDAMOUNT(Line8):ACCOUNT#426.465509.018.594.35.63.000$6,337.53#2&Final$303.23#2&Final$6,337.53$303.23Signed:9t.Io-?.2.?5fF.itfZZ!11TOTALTHISESTIMATE:$6,640.76FROM:CONTRACTOR:CONTRACTNO.PROJECT:PUBLICWORKSADMINISTRATORScottysGeneralConstructionCAG-15-099PO#18/0001959SE165thSanitarySewerExtension1.CONTRACTOREARNINGSTHISESTIMATE$6,064.622.SALESTAX(ONLYONSCHEDAITEMS)@9.50%$576.143.TOTALCONTRACTAMOUNTTHISESTIMATE$6,640.764.EARNINGSPREVIOUSLYPAIDCONTRACTOR$98,917.995*EARNINGSDUECONTRACTORTHISESTIMATE$5,761.396.SUBTOTAL-CONTRACTORPAYMENTS$104,679.387.RETAINAGEONPREVIOUSEARNINGS$5,206.218.**RETAINAGEONEARNINGSTHISESTIMATE$303.239.SUBTOTAL-RETAINAGE$5,509.4410.SALESTAXPREVIOUSLYPAID$9,891.8011.SALESTAXDUETHISESTIMATE$576.1412.SUBTOTAL-SALESTAX$10,467.94(95%xLINE7)(RETAINAGE:5%)GRANDTOTAL:$120,656.76CHARTER116,LAWSOF1965CITYOFRENTONCERTIFICATIONI,THEUNDERSIGNEDDOHEREBYCERTIFYUNDERPENALTYOFPERJURY,THATTHEMATERIALSHAVEBEENFURNISHED,THESERVICESRENDEREDDRTHELABORPERFORMEDASDESCRIEHEREIN,ANDTHATTHECLAIMISAJUST,DUEANDOBLIGATIONAGAINSTTHECITYOFRENTON,AND7AUTHORIZEDTOAUTHENTICATEANDCERTIFYTOPrintedOn:10/21/2015CityofRentonPublicWorksDepartmentPage1AGENDA ITEM #6. e)
PrintedOn:10/21/2015CityofRentonPublicWorksDepartmentPage1Project:SE165thSanitarySewerExtensionContractNumber:CAG-15-099ContractorScotty’sGeneralConstructionPayEstimate2&FinalCtosingDate:10/04/2015ItemDescriptionUnitEat.UnitPreviousPreviousThisThisTotalTotalQuantityPriceQuantityAmountQuantityAmountQuantityAmount001.Mobilization&DemobilizationLumpSum1$10,882.000.80$8,705.600.20$2,176.401.00$10,882.00002.TrenchExcavationSafetySystemsLumpSum1$2,500.001.00$2,500.000.00$0.001.00$2,500.00003.ConstructionSurveying,Staking,andAs-BuiltsLumpSum1$3,000.001.00$3,000.000.00$0.001.00$3,000.00004.TrafficControlLumpSum1S3,000.0D1.00$3,000.000.00$0.001.00$3,00000005.TemporaryErosion/SedimentationControlsLumpSum1$3,000.001.0053,000.000.00$0.001.00$3,000.00006.LandscapeRestorationLumpSum1$5,000.001.00$5,000.000.00$0.001.00$5,000.00007.FurniahandInstall8-inchPVCSewerPipeLinearFoot325$79.00330,00$26,070.000.00$0.00330.00$26,070.00008.FurnishandInstall6-inchPVCSideSewerPipeLinearFoot266$74.50240.00$17,880.000.00$0.00240.00$17,880.00009.TelevisionInspectionofSanitarySewersLinearFoot325$3.00319.00$957.000.00$0.00319.00$957.00FurnishandInstall48-inchDiamSanitarySewerManhole010.#1Each1$10,500.001.00$10,500.000.00$0.001.00$10,500.00FurnishandInatall48-inchDiam.SanitarySewerManhole011.#2Each1$9,500.001.00$9,500.000.00$0.001.00$9,500.00RemovalandReplacementatUnsuitableFoundation012.MsteriatTon$0$20.000.00$0.000.00$0.000.00$0.00013.SelectImportTrenchEacktillTon628$12.0061.95$743.400.00$0.006t.9$$743.40014AsphaltPatchincludingCSTCSquareYds392$35.86370.00$13,268.200.00$0.00370.00$13,268.20015ChangeOrder#1LumpSum1$3,888.220.00$0.001.00$3,888.221.00$3,888.22Subtotat$104,124.20$6,064.62$110,188.829.5%SalesTax$9,891.80$576.14$10,467.94Total$114,016.00$6,640.76$120,656.76cywr2”AGENDA ITEM #6. e)
Revised #
Assigned to:
UBI Number:
Yes No
Yes
Contractor's Name
Date:Contractor's UBI Number:
Date Work Accepted
Federally funded transportation project?
Name & Mailing Address of Public Agency
E-mail Address
Contract Number
Notice is hereby given relative to the completion of contract or project described below
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Date Contract Awarded
Telephone #
Bond Number:
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
Date Work Commenced Date Work Completed
Contractor Address
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
$
$$
Contact Name:Title:
F215-038-000 04-2014
Email Address:Phone Number:
p
Additions ( + )
Amount Retained
REV 31 0020e (4/28/14)
Amount of Sales Tax
Contract Amount
Sub-Total
Reductions ( - ) Amount Disbursed
TOTAL
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
TOTAL
Liquidated Damages
Comments:
(If various rates apply, please send a breakdown)
NOTE: These two totals must be equal
p
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publicworks@esd.wa.gov
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
V e(//)
AGENDA ITEM #6. e)
Subcontractor's Name:UBI Number: (Required)Affidavid ID*
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
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 (04/28/14)F215-038-000 04-2014
AGENDA ITEM #6. e)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTIONS 4‐2‐080 AND 4‐2‐120 OF CHAPTER 2, ZONING DISTRICTS – USES AND
STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON
MUNICIPAL CODE, AMENDING THE RESIDENTIAL ZONING STANDARDS IN THE
CA (COMMERCIAL ARTERIAL) ZONE.
WHEREAS, the City seeks to ensure that high density occurs in locations where the
infrastructure is adequate, either existing or planned, as well as to balance where new high
density occurs with where it exists so that each community can flourish; and
WHEREAS, the City Council previously enacted a moratorium on residential
development in the CA (Commercial Arterial) Zone in order to allow staff time to review the
appropriateness of allowing high density away from central areas not associated with a
designated regional growth center, and to prepare an ordinance; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter having been considered by the Planning Commission, and the
amendment request being in conformity with the City's Comprehensive Plan, as amended; and
WHEREAS, the Planning Commission held a public hearing on October 21, 2015, having
considered all matters relevant thereto, and all parties having been heard appearing in support
or in opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
2
SECTION I. Subsection 4‐2‐080.A.18 of subsection 4‐2‐050.A, Subject to the
Following Conditions, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, is hereby amended as follows:
18. Specified use(s) are not allowed within one thousand feet (1,000') of
the centerline of Renton Municipal Airport runway. In the UC Zone, buildings
adjacent to pedestrian‐oriented streets, designated as such via Master Plan or
similar document approved by the City, shall be mixed use with ground‐floor
commercial uses; in all other applicable Zones, buildings shall be mixed use with
ground‐floor commercial. Where required, commercial space shall be provided
on the ground floor at thirty feet (30') in depth along any street frontage.
Averaging the minimum depth may be permitted through the site plan review
process, provided no portion of the depth is reduced to less than twenty feet
(20'). All commercial space on the ground floor shall have a minimum floor‐to‐
ceiling height of fifteen feet (15'). Residential uses shall not be located on the
ground floor along any street frontage.
Residential uses are not permitted in the Valley or Benson, Cedar River,
Talbot, or Valley Community Planning Areas. Community Planning Areas are
identified in the City of Renton’s COR Maps, the City’s online interactive mapping
application available through the City’s website.
SECTION II. The subsection entitled “Density” contained in subsection 4‐2‐120.A,
Development Standards for Commercial Zoning Designations (CN, CV, & CA), of Chapter 2,
Zoning Districts – Uses and Standards, of Title IV (Development Regulations) of the Renton
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
3
Municipal Code, is hereby amended as shown on Attachment A. The rest of the subsections
shall remain as currently codified.
SECTION III. Resolution No. 4263 passed by Council on October 26, 2015, adopting a
moratorium upon the submission, acceptance, processing or approval of any applications for
residential development within the CA (Commercial Arterial) Zone, except within the City
Center Community Area and for previously approved and valid land use applications, is hereby
repealed, and the moratorium is hereby repealed.
SECTION IV. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2015.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1881:10/5/15:scr
AGENDA ITEM # 8. a)
ORDINANCE NO. ________ ATTACHMENT A ‐ 1 4‐2‐120.A DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, & CA) CN CV CA UC DENSITY (Dwelling Units per Net Acre) Minimum Net Residential Density9 None 20 dwelling units per net acre. 10 dwelling units per net acre. 20 dwelling units per net acre except for mixed use development. Maximum Net Residential Density9 4 dwelling units per structure. Assisted living bonus: 1.5 times the maximum density may be allowed subject to conditions of RMC 4‐9‐065. 80 dwelling units per net acre. Assisted living bonus: 1.5 times the maximum density may be allowed subject to conditions of RMC 4‐9‐065. 60 dwelling units per net acre in the City Center and Highlands Community Planning Areas. 30 dwelling units per net acre in the East Plateau and Kennydale Community Planning Areas. 85 du/acre (150 du/acre) if ground floor commercial is provided. Assisted living bonus: 1.5 times the maximum density may be allowed subject to conditions of RMC 4‐9‐065. AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE
PROPERTY TAX LEVY FOR THE YEAR 2016 FOR GENERAL CITY OPERATIONAL
PURPOSES IN THE AMOUNT OF $37,250,000.
WHEREAS, the Council has met and considered its budget for the fiscal year 2016; and
WHEREAS, the Council, after hearing and considering all relevant evidence and
testimony presented, determined that, in order to discharge the expected expenses and
obligations of the City and in its best interest, the City of Renton requires a regular levy in the
amount of $37,250,000 for 2016;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. The regular property tax levy is hereby authorized for 2016 in the amount
of $37,250,000.
This amount includes: $357,617 or 1% in amounts authorized by the levy growth limit
factor over the maximum allowable levy in 2015. In addition, the 2016 levy amount will also
include additional revenue resulting from partial correction of 2013 levy error in the amount of
$619,061; new construction and improvements to property in the amount of $433,285; re‐levy
of prior year refunds in the amount of $76,928; adjustments as a result of annexations that
have occurred in the amount of $1,379; and any increase in the value of state‐assessed
property.
SECTION II. The regular levy includes levy for the Firemen’s Pension at the rate of
$0.225 per $1,000 assessed valuation.
AGENDA ITEM # 8. b)
ORDINANCE NO. _________
2
SECTION III. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2015.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1886:10/28/15:scr
AGENDA ITEM # 8. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
PROPERTY TAX LEVY FOR THE YEAR 2016.
WHEREAS, the Council has properly given notice of the public hearing to consider the
City’s 2015‐16 proposed budget pursuant to RCW 84.55.120; and
WHEREAS, the Council, after hearing and after duly considering all relevant evidence
and testimony presented, has determined that there is a need to increase the property tax
revenues from the prior year, in addition to the increases resulting from annexations, the
addition of new construction, and improvements to property, and any increases in the value of
state‐assessed property, in order to discharge the expected expenses and obligations of the
City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. The regular property tax levy total of $36,739,787 is hereby authorized
for 2016. The levy consists of:
2015 Base Levy: $35,761,730
1% growth limit in the amount of $357,617;
New annexation levy in the amount of $1,379;
2013 levy error correction in the amount of $619,061
This is an increase of $262,260 or 0.72% over the 2015 actual levy of $36,477,527.
Exhibit A shows the calculation of the change.
AGENDA ITEM # 8. c)
ORDINANCE NO. _________
2
The above levy does not include increase resulting from the addition of new
construction, improvements to property, any increase in the value of state‐assessed property,
and amounts re‐levied due to omits or administrative refunds. The amount of new
construction and prior year refunds are $433,285 and $76,928, respectively. Therefore the
total 2016 property tax levy will be $37,250,000.
SECTION II. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2015.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1888:10/28/15:scr
AGENDA ITEM # 8. c)
ORDINANCE NO. _________
3
Exhibit A:
Calculation of Percentage Increase
Items
2016 Proposed
Levy
2015 Actual
Levy
2015 Base Levy 35,761,730$ 35,761,730$
1% Adjustment (on Base Levy only 357,617 in above
Annexation 1,379 in above
Levy Correction: 2013 Error 619,061 611,995
Relevy Pror Year Refunds/Omits * 103,802
2016 Levy Base/2015 Actual Levy 36,739,787$ 36,477,527$
% Increase over Last Year Actual 0.72%
Levy Excluded in "% Increase" Calculation
New Construction/Improvements 433,285
* Relevy Prior Year Refunds/Omits 76,928
Subtotal of New Construction/Refunds 510,213$
Total Proposed 2016 Levy 37,250,000$
* Relevy of prior year refunds/omits are not included in the "increase"
calculation as the amount was part of prior year levy but never collected.
AGENDA ITEM # 8. c)
CITYOFRENTON,WASHINGTONORDINANCENO.________ANORDINANCEOFTHECITYOFRENTON,WASHINGTON,RELATINGTOTHEREGULARPROPERTYTAXLEVIESFORCOLLECTIONIN2016,IMPLEMENTINGRCW84.55.0101ANDFINDINGSUBSTANTIALNEEDTOINCREASETHEREGULARPROPERTYTAXLIMITFACTORABOVETHERATEOFINFLATIONTOONEPERCENT(1%),FORATOTALLIMITFACTOROFONEHUNDREDANDONEPERCENT(101%).WHEREAS,Chapter84.55RCWestablishesthe“LimitationsUponRegularPropertyTaxes”whichalltaxingjurisdictionsmustuseincalculatingtheamountofregularpropertytaxlevywhichmaybeleviedtoprovidegovernmentalservices;andWHEREAS,thelimitationisgenerallyrestrictedtoa“limitfactor”,whichisequaltothelowerofonepercent(1%)orinflation.Inflationismeasuredasthepercentagechangeinthe“implicitpricedeflator”(IPD)aspublishedforthemostrecenttwelve(12)-monthperiodbytheFederalDepartmentofCommerceinSeptemberoftheyearbeforethetaxesarepayable;andWHEREAS,theSeptember2015IPDistwohundredfifty-onethousandthspercent(0.251%),therefore,theCity’s2016PropertyTaxlevywouldbeonehundredandtwohundredfifty-onethousandthspercent(100.251%)oftheregularpropertytaxesleviedbytheCityin2015,togetherwithcertainincreaseinassessedvaluationsassetforthbylaw;andWHEREAS,notwithstandingtheforegoinggenerallimitations,RCW84.55.0101permitstheCitytoadopt,asalimitfactor,apercentageincreaseuptoonehundredandonepercent(101%)providedtheCouncilentersafindingofsubstantialneedandapprovestheincreasedlimitfactorbyaffirmativevoteofamajorityplusonevote;and1AGENDA ITEM # 8. d)
ORDINANCENO.WHEREAS,theCitycontinuestofacecostsassociatedwithlaborcontracts,benefits,andprofessionalservicesincreasingatafasterratethantheCity’sprimaryrecurringrevenuesources;andWHEREAS,theCouncilhasheldapublichearingregardingthe2015/2016Mid-BienniumBudgetAdjustmentwhichincludedconsiderationofrevenuesourcesforanticipatedcurrentexpensetoprovideCityservices,andpossibleincreasesinpropertytaxrevenues;andWHEREAS,theCouncilhasconsideredtheeffectofincreasingthetaxlevyandtheincreasedservicedemandsfromthoseinneed;andWHEREAS,basedontheabovefindings,theCouncilfindsthatasubstantialneedexiststosetthepropertytaxlimitfactoratonehundredandonepercent(101%)ofthe2015propertytaxlevy;NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DOESORDAINASFOLLOWS:SECTIONI.TheabovefindingsaretrueandcorrectinallaspectsandsubstantialneedexistsfortheCityCouncilneedstolevy2016propertytaxatonehundredandonepercent(101%)ofthepropertytaxleviedfor2015,pursuanttoRCW84.55.0101,toproducerevenuessufficienttomeet2016expenses.SECTIONII.ThisordinancehasbeenpassedbytheaffirmativevoteofatleastamajorityplusoneofthewholemembershipoftheCouncil.SECTIONIII.Thisordinanceshallbeeffectiveuponitspassage,approval,andthirty(30)daysafterpublication.2AGENDA ITEM # 8. d)
ORDINANCENO.________PASSEDBYTHECITYCOUNCILthis_______dayof___________________,2015.JasonA.Seth,CityClerkAPPROVEDBYTHEMAYORthis_______dayof__________________,2015.DenisLaw,MayorApprovedastoform:LawrenceJ.Warren,CityAttorneyDateofPublication:_______________ORD:1887:10/14/15:scr3AGENDA ITEM # 8. d)