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Final Agenda Packet
CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, June 3, 2024 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADMINISTRATIVE REPORT a) Administrative Report 4. AUDIENCE COMMENTS All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow-up. Speakers must sign-up prior to the Council meeting. Each speaker is allowed three minutes. When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for or against 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. 5. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of May 20, 2024. Council Concur b) AB - 3589 Community & Economic Development Department requests approval to add a Limited Term (LTE) Construction Engineering Inspector position to provide construction inspection on upcoming utility capital improvement projects for the next three years. Refer to Finance Committee c) AB - 3591 Community & Economic Development Department recommends the following: 1) continue to pool SHB 1406 sales tax credit funds with South King Housing and Homeless Partners (SKHHP) and 2) direct staff to provide an update and recommendation by June 15, 2026 on continued pooling of the funds for 2027 and beyond. Refer to Planning & Development Committee d) AB - 3575 Parks & Recreation Department recommends adoption of an ordinance repealing, in its entirety, Renton Municipal Code (RMC) Chapter 2-22, Renton River Days Advisory Board. Refer to Community Services Committee e) AB - 3576 Parks & Recreation Department recommends adoption of a resolution authorizing application to the State Recreation and Conservation Office (RCO) for a $1,500,000 Youth Athletic Facilities (YAF) grant to offset the costs of acquiring the "Stoneway Property" adjacent to the Cedar River Park in alignment with the Tri-Park Plan. Refer to Finance Committee f) AB - 3577 Parks & Recreation Department recommends approval of a fee waiver request, in the amount of $4,420, from Project Be Free for the 4th Annual Survivor Wellness Symposium to be held at the Renton Community Center on July 20, 2024. Refer to Finance Committee g) AB - 3579 Parks & Recreation Department recommends execution of a Professional Services Agreement with BERK Consulting, in the amount of $274,801, for services supporting the update of the City of Renton Parks, Recreation, and Natural Areas Plan. Refer to Finance Committee h) AB - 3585 Parks & Recreation Department submits CAG-22-207, Philip Arnold Playground Replacement project, contractor Northwest Playground Equipment, Inc., and requests acceptance of the project and release of retainage in the amount of $16,948.10 after 60 days once all state required releases have been obtained and all liens have been legally cleared. Council Concur i) AB - 3558 Public Works Facilities Division recommends execution of a Professional Services Agreement with Mackenzie Engineering, Inc., in the amount of $119,000, for all design services necessary to complete the conceptual design for the City Hall (first floor) Remodel project. Refer to Finance Committee j) AB - 3561 Public Works Facilities Division recommends execution of Addendum 2 to CAG- 14-084, Concessionaire Agreement with Ivar's Inc. at Gene Coulon Memorial Beach Park, in the amount of $110,000 and 12% net of sales above $1.1 million plus Leasehold Excise Tax, effective April 7, 2024 to April 30, 2029. Refer to Finance Committee k) AB - 3563 Public Works Facilities Division recommends execution of a two-year lease with Brinton Business Ventures, Inc., doing business as (DBA) Evergreen Refreshments, in the amount of $56.94 plus Leasehold Excise Tax per month, to provide a self-checkout kiosk of refreshments at City Hall. Refer to Finance Committee l) AB - 3594 Public Works Transportation Systems Division recommends execution of a Local Agency Agreement and Prospectus with the Washington State Department of Transportation for the obligation of $1,669,020 in grant funding, and approval to execute all subsequent agreements necessary to accomplish the S 7th St Corridor Improvements project. Refer to Finance Committee m) AB - 3566 Public Works Utility Systems Division recommends approval of Change Order No. 12, to contract CAG-23-048, with Laser Underground & Earthworks, Inc., in the amount of $201,513.23 for additional work related to the installation of the sewer system for the Thunder Hills Sewer Interceptor Rehabilitation project. Refer to Utilities Committee 6. 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) Transportation Committee: 1) Appointment to Renton Airport Advisory Committee 7. LEGISLATION 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:45 p.m. - 7th Floor - Council Chambers / Videoconference Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Mayor’s Office Memorandum DATE: June 3, 2024 TO: Ed Prince, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Join us tomorrow, June 4, from 3 pm to 7 pm as we kick off our 23rd season of the Renton Farmers Market. This is the first of 17 Market days—held rain or shine in Downtown Renton's Piazza Park, so make it your weekly event. Free and easily accessible parking is just one block north of the Market in our City Center Parking Garage (entrance at 655 South 2nd Street). Over 70 vendors each week will be selling Washington-grown fruits and vegetables, honey, hand-crafted meats and cheeses, baked goods, beautiful bouquets, unique crafts, and so much more. More information can be found at www.rentonfarmersmarket.com or Renton Farmers Market Facebook and Instagram accounts. • The 9th Annual Renton Career Fair, sponsored by the City of Renton, Renton Technical College, Renton Chamber of Commerce, and Puget Sound Training Center, will be on Wednesday, June 5 from 3 to 6 p.m. at Renton Technical College Cafeteria. Connect with over 60 employers in business, childcare, construction, healthcare, manufacturing, and other fields. Admission and parking are free. • Join us for the Community Safety Forum on Wednesday, June 5, 6:30 p.m. at Carco Theatre, 1717 Maple Valley Highway. This solutions-based discussion will include representatives from the King County Prosecuting Attorney’s Office, Superior Court, Renton School District, and Project Be Free. Participants will be able to submit questions and ideas concerning crime and safety in Renton to the panel for discussion. • The Parks and Recreation Department is currently hiring seasonal employees for various locations including Henry Moses Aquatic Center, Maplewood Golf Course, Renton Community Center, Highlands Neighborhood Center, and city parks. Minimum age requirements are 15 for lifeguards and 16-18 for all other positions. Applications are reviewed as received. For a listing of open seasonal positions and additional details, visit rentonwa.gov/career. AGENDA ITEM #3. a) Ed Prince, Council President Members of Renton City Council Page 2 of 2 June 3, 2024 • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations: Monday, June 3 through Friday, June 7, 7:00 a.m. to 4:00 p.m. City Street Maintenance will be doing road repairs on 111th Ave SE between Petrovitsky Rd and SE 180th St. Flaggers will be on site for traffic control. Monday, June 3 through Friday, June 7, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th St and Jefferson Ave NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373. Monday, June 3 through Friday, June 7, 8:00 a.m. to 3:00 p.m. Road closure on Kirkland Ave NE between NE Sunset Blvd and NE 12th St for utility installation. A detour route will be provided. Questions may be directed to Brad Stocco, 425-282-2373. Monday, June 3 through Friday, June 7, 8:00 a.m. to 3:00 p.m. Intermittent lane closures on Monster Rd SW at the 600 block for construction work. Questions may be directed to Tom Main, 206-999-1823. Monday, June 3 through Friday, June 7, 8:00 a.m. to 3:00 p.m. Intermittent lane closures on Rainier Ave S between 2nd St and NW 3rd Pl for construction work. Questions may be directed to Joe Nerlfi, 425-757-9657 Monday, June 3 through Friday, June 7, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373. Monday, June 3 through Friday, June 7, 8:00 a.m. to 3:00 p.m. Shifting lane closures both east and west on NE Sunset Blvd between Redmond Pl NE to Union Ave NE for utility installation and frontage improvements. Questions may be directed to Brad Stocco, 425-282-2373. Ongoing Street Closure (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #3. a) May 20, 2024 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, May 20, 2024 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone 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 James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: Ruth Pérez, Council Position No. 6 MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL EXCUSE ABSENT COUNCILMEMBER RUTH PÉREZ. CARRIED. ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Cheryl Byer, Senior Assistant City Attorney Jason Seth, City Clerk Maryjane Van Cleave, Parks & Recreation Administrator Commander Steve Morris, Police Department Attended Remotely: Judith Subia, Chief of Staff Kari Roller, Finance Administrator Kristi Rowland, Deputy CAO Shane Moloney, City Attorney Kim Gilman, Interim Human Resources / Risk Management Administrator Amanda Free, Assistant Economic Development Director AGENDA ITEM #5. a) May 20, 2024 REGULAR COUNCIL MEETING MINUTES Ron Straka, Public Works Utility Systems Director ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2024 and beyond. Items noted were: • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. AUDIENCE COMMENTS • Judi Schafer, Renton, spoke on behalf of the Rolling Hills neighborhood regarding excessive speeding on Puget Dr. S. She urged Council to address the issue by installing traffic calming measures such as traffic lights and speed bumps on the road. Mayor Pavone noted that he had informed the Public Works Administrator and Police Chief of the issues after receiving emails from residents that live in the area. • Joelann Flaherty, Renton, echoed the concerns of the previous speaker. • Lydia Mascarinas, unknown, stated she is the owner of the Berliner Pub in Renton. She explained how Initiative Measure 23-02 will negatively impact her business. • Derek Anderson, Seattle, spoke about The Landing Gear Works' lease issues at the Renton Municipal Airport. • Thomas Anderson, Seattle, also spoke about lease issues The Landing Gear Works is experiencing at the Renton Municipal Airport. • Troy Jaeger, Renton, expressed concerns about vehicular racing and speeding on Puget Dr. S. He asked for emphasis patrols in the area. • Cindy Jaeger, Renton, also expressed concerns about racing and speeding on Puget Dr. S. • Sue Kenyon, Renton, voiced concerns about speeding on Puget Dr. S, and noted that there have been several accidents on the road in the past couple of years. • Kathleen Donahue, Renton, also voiced concerns about speeding on Puget Dr. S. • Diane Dobson, Renton, speaking as CEO of the Renton Chamber of Commerce, urged Council to revise Initiative Measure 23-02 because it does not align with the needs of local businesses. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of May 13, 2024. Council Concur. AGENDA ITEM #5. a) May 20, 2024 REGULAR COUNCIL MEETING MINUTES b) AB - 3578 Mayor Pavone requested confirmation of his appointment of Mr. Stephen Ratzlaff to the Renton Airport Advisory Committee (WA Pilots' Association, alternate member) for a term expiring May 7, 2027. Refer to Transportation (Aviation) Committee. c) AB - 3569 Community & Economic Development Department recommended execution of an agreement with Environmental Science Associates (ESA), in the amount of $124,194, for professional services updating Renton's Critical Areas Ordinance in compliance with the Growth Management Act. Refer to Finance Committee. d) AB - 3572 Community & Economic Development Department recommended execution of grant agreements from the Port of Seattle to receive $80,000 (with a city match of $40,000), to support small businesses and tourism opportunities in Renton. Refer to Finance Committee. e) AB - 3574 Community & Economic Development Department requested approval to convert a budgeted full-time Permit Specialist position to a full-time Planning Technician position, and approval to hire the preferred candidate at Step E of the salary grade. Refer to Finance Committee. f) AB - 3573 Human Resources / Risk Management Department recommended confirmation of the appointment of Gina Estep as the Administrator of the Community and Economic Development Department, effective June 1, 2024, at salary grade m49, step E. Council Concur. g) AB - 3570 Parks & Recreation Department submitted fee waiver requests from Sky Urban Institute Juneteenth Celebration at Liberty Park ($1,850) and the Renton Historical Society Annual Fundraising Gala at the Don Persson Senior Activity Center ($1,500). Refer to Finance Committee. h) AB - 3571 Public Works Utility Systems Division reported bid opening on April 30, 2024 for the Windsor Hills Utility Improvements project, and recommends awarding the project to the lowest responsive and responsible bidder, Northwest Cascade, Inc., in the amount of $6,790,790. Council Concur. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PUBLISHED CARRIED. 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) Transportation Committee: Chair McIrvin presented a report recommending concurrence in the staff recommendation to confirm Mayor Pavone’s appointments of Ms. Colleen Deal (Kennydale Neighborhood Alternate position), term expiring 5/7/26; Ms. Elizabeth Callahan (West Hill Neighborhood Primary position), term expiring 5/7/27; and Mr. John Smutny (WA Pilots Association Primary position), term expiring 5/7/27 to the Renton Airport Advisory Committee. MOVED BY MCIRVIN, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #5. a) May 20, 2024 REGULAR COUNCIL MEETING MINUTES LEGISLATION Ordinance for second and final reading: a) Ordinance NO. 6135: An ordinance of the City of Renton, Washington, amending Subsections 4-8-120.C, 4-8-120.D.4, 4-8-120.D.12, amending Section 4-9-065 and amending Section 4-11- 010 of the Renton Municipal Code, amending Density Bonus Regulations, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) ADJOURNMENT MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADJOURN. CARRIED. TIME 7:36 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 20 May 2024 AGENDA ITEM #5. a) Council Committee Meeting Calendar May 20, 2024 May 27, 2024 Monday Memorial Day Holiday – No Meetings June 3, 2024 Monday CANCELED Utilities Committee, Chair Văn 3:30 p.m. Planning & Development Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Planned Action Ordinance Briefing 2. Comprehensive Plan Draft Elements Update 3. Emerging Issues in CED 5:15 p.m. Transportation Committee, Chair McIrvin Location: Council Conference Room/Videoconference 1. Appointment to Renton Airport Advisory Committee 5:45 p.m. Committee of the Whole, Chair Prince Location: Council Chambers/Videoconference 1. Downtown Civic Core Vision and Action Plan Update 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #5. a) AB - 3589 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Request for LTE Construction Engineering Inspector RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Justin Johnson, Development Engineering Director EXT.: 7291 FISCAL IMPACT SUMMARY: Staff is requesting an additional appropriation of $59,705 for 2024 (effective 8/1/24) for salaries and benefits to add a 1 Limited Term Employee (LTE) for a Construction Engineering Inspector. The cost to provide construction inspection for the city’s utility capital improvement projects have already been accounted for in the project expenditures, therefore the interfund transfer from Utility Fund to the General Fund will be reflected in the Q2 budget adjustment to fund this additional LTE. SUMMARY OF ACTION: The City has a large increase in utility capital projects that are anticipated for construction in the next three years. With the current construction inspection staffing levels, the City will be unable to provide the level of inspection necessary for these projects during their construction phase. This Limited Term (LTE) position will allow the City to provide a level of inspection necessary to ensure contract compliance throughout the installation of new public infrastructure. Ultimately, this addition will reduce the potential overall cost of construction, limiting the City’s liability, and ensuring the new infrastructure is built in compliance with the construction contract. This position will be funded by the Utility Fund, as each capital project has already accounted for construction inspection as part of its project budget. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Approve the request to add a Limited Term (LTE) Construction Engineering Inspector position to provide construction inspection on upcoming city utility capital improvement projects for the next three years. AGENDA ITEM #5. b) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: June, 3 2024 TO: Ed Prince, Council President Members of Renton City Council CC: Armondo Pavone, Mayor FROM: Brianne Bannwarth, Interim CED Administrator x7299 STAFF CONTACT: Justin Johnson, Interim Dev. Engineering Director x7291 SUBJECT: Request for LTE Construction Engineering Inspector ISSUE: Should Council approve the request for a LTE Construction Engineering Inspector for Development Engineering in Community and Economic Development? RECOMMENDATION: Approve the request to add a Limited Term (LTE) Construction Engineering Inspector position to provide construction inspection on upcoming city utility capital improvement projects for the next three years. BACKGROUND/SUMMARY: The City has a large increase in utility capital projects that are anticipated for construction in the next three years. With the current construction inspection staffing levels, the City will be unable to provide the level of inspection necessary for these projects during their construction phase. This Limited Term (LTE) position will allow the City to provide a level of inspection necessary to ensure contract compliance throughout the installation of new public infrastructure. This position will be funded by the Utility Fund, as each capital project has already accounted for construction inspection as part of its project budget. FISCAL IMPACT: Staff is requesting an additional appropriation of $59,705 for 2024 (effective 8/1/24) for salaries and benefits to add a 1 Limited Term Employee (LTE) for a Construction Engineering Inspector. The cost to provide construction inspection for the city’s utility capital improvement projects have already been accounted for in the project expenditures, therefore the interfund transfer from Utility Fund to the General Fund will be reflected in the Q2 budget adjustment to fund this additional LTE. AGENDA ITEM #5. b) Valerie O’Halloran, Committee Chair, Members of Finance Committee Page 2 of 2 CONCLUSION: The addition of this position is not only necessary to complete upcoming construction projects within a timely manner, this addition will reduce the potential overall cost of construction, limiting the City’s liability, and ensuring the new infrastructure is built in compliance with the construction contract. AGENDA ITEM #5. b) AB - 3591 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Continued Pooling of Senate House Bill 1406 Sales Tax Credit Funds with South King Housing and Homelessness Partners (SKHHP) RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Angie Mathias, Long Range Planning Manager EXT.: 6576 FISCAL IMPACT SUMMARY: None; budget currently reflects the annual maximum collections and offsetting expenditure. SUMMARY OF ACTION: In 2021, the Interlocal Agreement for SKHHP and its member cities was amended to enable the collective pooling of 1406 sales tax revenue to be transmitted to SKHHP for their expenditure.. Council adopted Resolution 1866 authorizing the 2021 ILA and the 2021 ILA Companion Agreement on April 12, 2021. The City executed the 2021 ILA Companion agreement following verification of the fully executed 2021 ILA on July 16, 2021 (Exhibit A). The 2021 ILA remains in effect until it is terminated. Member parties are able to withdraw participation from the 2021 ILA by submitting written notice to the SKHHP Executive Board, due on or before July of a year to become effective as of 11:59 p.m. on December 31 of that year. So, if Renton wanted to discontinue participation in the pooling of 1406 sales tax revenue with SKHHP partner cites, the SKHHP Executive Board would need to be notified by this July. The 2019 State Legislature enacted Substitute House Bill 1406 (“SHB 1406”), codified as RCW 82.14.540, which authorizes cities and counties to recapture a portion of Washington state sales tax when it is used to support affordable housing initiatives. On August 12, 2019, Council enacted Resolution 4386, a resolution of intent to authorize the tax. Subsequently, Ordinance 5972 was enacted on June 15, 2020, which authorized the recapture of the Washington state sales tax of up to $236,380 per year for the next 20 years. South King County Housing and Homeless Partners (“SKHHP”) was formed on January 1, 2019, by the Interlocal Agreement for SKHHP South King County Housing and Homeless Partners (“2019 ILA”). Council acted on March 4, 2019, to adopt Resolution 4372 which authorized the Mayor to sign the 2019 ILA and join with Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Tukwila, and King County to officially form the South King Housing and Homelessness Partners. The City of SeaTac became a member city in 2023. On November 22, 2019, the SKHHP Executive Board unanimously adopted Resolution 2019-06 which urges each member jurisdiction to pool tax receipts collected under SHB 1406 to the SKHHP Housing Capital Fund. Subsequently, the cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, Renton, and Tukwila established and entered into the Interlocal Agreement for the Purpose of Pooling Sales Tax Receipts with SKHHP Cities to Administer Funds Under RCW 82.14.540 (“2021 ILA”). AGENDA ITEM #5. c) Council’s recommendation in 2022 included directive to Staff to provide an update in June 2024 and recommendation on pooling for 2025 onwards. The City has pooled funds amounting to $337,319.53 for 2022; $246,642.85 for 2023; and $228,107.00 for 2024. EXHIBITS: A. ISSUE PAPER STAFF RECOMMENDATION: Staff recommends Council to: (1) continue to pool SHB 1406 sales tax credit funds with SKHHP under the existing ILA Companion Agreement; (2) direct staff to provide an update and recommendation by June 15, 2026, on continued pooling for 2027 and beyond. AGENDA ITEM #5. c) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: May 24, 2024 TO: Ed Prince, Council President Members of Renton City Council VIA Armondo Pavone, Mayor FROM: STAFF CONTACT: Brianne Bannwarth, Interim CED Administrator Angie Mathias, Long Range Planning Manager SUBJECT: Continued Pooling of SHB 1406 Sales Tax Credit Funds with South King Housing and Homeless Partners (SKHHP) ISSUE: Should Council continue to pool sales tax credit funds collected under SHB 1406 with SKHHP? RECOMMENDATION: Staff recommends Council: (1) continue to pool SHB 1406 sales tax credit funds with SKHHP under the existing ILA Companion Agreement; (2) direct staff to provide an update and recommendation by June 15, 2026, on continued pooling for 2027 and beyond. BACKGROUND: In 2021, the Interlocal Agreement for SKHHP and its member cities was amended to enable the collective pooling of 1406 sales tax revenue to be transmitted to SKHHP for their expenditure.. Council adopted Resolution 1866 authorizing the 2021 ILA and the 2021 ILA Companion Agreement on April 12, 2021. The City executed the 2021 ILA Companion agreement following verification of the fully executed 2021 ILA on July 16, 2021 (Exhibit A). The 2021 ILA remains in effect until it is terminated. Member parties are able to withdraw participation from the 2021 ILA by submitting written notice to the SKHHP Executive Board, due on or before July of a year to become effective as of 11:59 p.m. on December 31 of that year. So, if Renton wanted to discontinue participation in the pooling of 1406 sales tax revenue with SKHHP partner cites, the SKHHP Executive Board would need to be notified by this July. AGENDA ITEM #5. c) Ed Prince, Council President Page 2 of 3 May 24, 2024 The 2019 State Legislature enacted Substitute House Bill 1406 (“SHB 1406”), codified as RCW 82.14.540, which authorizes cities and counties to recapture a portion of Washington state sales tax when it is used to support affordable housing initiatives. On August 12, 2019, Council enacted Resolution 4386, a resolution of intent to authorize the tax. Subsequently, Ordinance 5972 was enacted on June 15, 2020, which authorized the recapture of the Washington state sales tax of up to $236,380 per year for the next 20 years. South King County Housing and Homeless Partners (“SKHHP”) was formed on January 1, 2019, by the Interlocal Agreement for SKHHP South King County Housing and Homeless Partners (“2019 ILA”). Council acted on March 4, 2019, to adopt Resolution 4372 which authorized the Mayor to sign the 2019 ILA and join with Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Tukwila, and King County to officially form the South King Housing and Homelessness Partners. The City of SeaTac became a member city in 2023. On November 22, 2019, the SKHHP Executive Board unanimously adopted Resolution 2019-06 which urges each member jurisdiction to pool tax receipts collected under SHB 1406 to the SKHHP Housing Capital Fund. Subsequently, the cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, Renton, and Tukwila established and entered into the Interlocal Agreement for the Purpose of Pooling Sales Tax Receipts with SKHHP Cities to Administer Funds Under RCW 82.14.540 (“2021 ILA”). Council’s recommendation in 2022 included directive to Staff to provide an update in June 2024 and recommendation on pooling for 2025 onwards. The City has pooled funds amounting to $337,319.53 for 2022; $246,642.85 for 2023; and $228,107.00 for 2024. SKHHP Housing Capital Fund: Under the 2021 ILA, parties shall transfer the funds to be pooled into the SKHHP Housing Capital Fund. The SKHHP Housing Capital Fund was established in the 2019 ILA. The Housing Capital Fund funding guidelines include information on available funding, funding priorities, schedule, application and review process, evaluation criteria, eligible applicants, eligible beneficiaries, eligible and ineligible activities, and other project requirements. In 2022 SKHHP selected two projects for capital funding. The first is a Habitat for Humanity project to build 20 new homeownership townhomes in Burien. The second will support the development of an 89 new rental units, also in Burien. In 2023, SKHHP committed almost $6 million to four projects. The first, a project in Skyway that will provide 55 rental units and an early learning center in a mixed use building. Next, a project in Federal Way that will have 168 rental units and also contain an early learning center and provide space AGENDA ITEM #5. c) Ed Prince, Council President Page 3 of 3 May 24, 2024 for non-profit tenants. Third, a 199 unit multifamily rental project in Kent that will also house the headquarters of Open Doors for Multicultural Families who provide services for people with Intelectual Disabilities. The last project selected for 2023 capital funding is an existing affordable rental multifamily project in Des Moines that will utilize the money for preservation improvements. The 2024 Capital Housing Fund applications are open and SKHHP is accepting applications, they are due by September 13, 2024. SKHHP requests that applicants schedule a pre- application meeting with them prior to submittal. Uses of SHB 1406: The City of Renton is authorized to impose a local state-shared sales and use tax of up to $236,380 per year for the next 20 years to fund affordable or supportive housing. Uses of these tax receipts applicable to Renton are: 1. Acquiring, rehabilitating, or constructing affordable housing; and 2. Funding the operations and maintenance costs of new units of affordable or supportive housing. The housing provided may only be provided to households whose income is at or below 60% AMI. Conclusion: SKHHP envisions the Housing Capital Fund as a regional funding source invested in shared housing solutions and increased investment in South King County. The City of Renton’s contributions and participation in SKHHP has assisted with the establishment of this regional fund and has contributed to six affordable housing projects in the South County region. Continued pooling of the SHB 1406 funds aligns with the City’s desire to support SKHHP and with the City’s Housing Action Plan and the 2024-2029 Business Plan. cc: Ed VanValey, CAO Kristi Rowland, Deputy CAO Jason Seth, City Clerk Kari Roller, Finance Administrator Brianne Bannwarth, Interim CED Administrator Shane Maloney, City Attorney Attachment: • Exhibit A – Companion Agreement for the Purpose of Pooling Sales Tax Receipts with SKHHP Cities to Administer Funds Under RCW 82.14.540 AGENDA ITEM #5. c) Companion Agreement For the Purpose of Pooling Sales Tax Receipts with South King Housing and Homelessness Partners (“SKHHP”) Cities to Administer Funds Under RCW 82.14.540 This Companion Agreement expands the Parties of the Interlocal Agreement for pooling sales tax receipts with SKHHP cities to administer funds under RCW 82.14.540 (“Companion Agreement”) to include the City of Renton (“Renton”), a municipal corporation of the State of Washington. WHEREAS, this Companion Agreement is made pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, to address the use of pooled tax receipts for affordable and supportive housing sales and use tax in accordance with RCW 82.14.540(10); and WHEREAS, the cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila expressed an intention to enter into an Interlocal Agreement with an effective date of March 1, 2021, for the purpose of pooling sales tax receipts with SKHHP to administer funds under RCW 82.14.540; and WHEREAS, consistent with the intent and spirit of pooling sales tax receipts with SKHHP to administer funds under RCW 82.14.540, the SKHHP Executive Board voted to expand the Interlocal Agreement to include the City of Renton through the execution of this Companion Agreement by an affirmative vote of a two-thirds majority of the membership of the SKHHP Executive Board; NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants contained in this Agreement, the City of Renton agrees to the above recitals and the following terms and conditions: Section 1. The City of Renton agrees to and adopts the recitals, mutual promises, benefits, terms, covenants, and conditions of the Interlocal Agreement for pooling tax receipts with SKHHP cities to administer funds under RCW 82.14.540 signed by the cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila, which Interlocal Agreement is attached hereto as Exhibit A. Section 2. This Companion Agreement will be in full force on the date of execution. Executed this _______ day of ________________, 2021. CITY OF RENTON CAG-21-177 16th July AGENDA ITEM #5. c) Armondo Pavone Mayor Attest: Jason Seth City Clerk Approved as to form: Approved by Shane Moloney via 7/19/2021 email Shane Moloney City Attorney AGENDA ITEM #5. c) EXHIBIT A See next pages.] AGENDA ITEM #5. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 1 of 6 Interlocal Agreement For the Purpose of Pooling Sales Tax Receipts with South King Housing and Homelessness Partners (“SKHHP”) Cities to Administer Funds Under RCW 82.14.540 This Interlocal Agreement (“Agreement”) is entered into by and between the Cities of Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, and Tukwila each municipal corporations and political subdivisions of the State of Washington (individually, a “Party” and collectively, “the Parties”). WHEREAS, this Agreement is made pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, and has been authorized by the legislative body of each jurisdiction to address the use of pooled tax receipts for affordable and supportive housing sales and use tax in accordance with RCW 82.14.540(10). WHEREAS, SKHHP was formed on January 1, 2019 by Interlocal Agreement among the jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County (the “SKHHP Interlocal Agreement”); and WHEREAS, after SKHHP was formed, the Washington State Legislature passed Substitute House Bill (SHB) 1406, which was signed into law by the Governor, and is now codified at RCW 82.14.540; and WHEREAS, RCW 82.14.540 authorizes the legislative authority of a county or city to impose a local sales and use tax for affordable and supportive housing to income-eligible persons; and WHEREAS, RCW 82.14.540 stipulates the moneys collected or bonds issued through this sales tax credit may only be provided to persons whose income is at or below 60 percent of the median income of the county or city imposing the tax and may only be used for the following purposes: (i) acquiring, rehabilitating, or constructing affordable housing, which may include new units of affordable housing within an existing structure or facilities providing supportive housing services under RCW 71.24.385; or (ii) funding the operations and maintenance costs of new units of affordable or supportive housing; and WHEREAS, funding to support the acquisition, rehabilitation, and new construction of affordable housing, and operation and maintenance costs of new affordable housing is critical to providing an array of housing opportunities for residents; and WHEREAS, RCW 82.14.540 allows cities with a population of one hundred thousand or less to use moneys collected for providing rental assistance to tenants in addition to the affordable housing purposes listed above. As of the date of this Agreement, although at least some of the Parties have a population of one hundred thousand or less, all such Parties intend that the funds they contribute pursuant to this Agreement shall not be used for providing rental assistance; and AGENDA ITEM #5. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 2 of 6 WHEREAS, within six months of the effective date of RCW 82.14.540, each of the Parties adopted a resolution of intent to authorize the maximum capacity of the tax, and within 12 months, each of the Parties adopted legislation authorizing the maximum capacity of the tax; and WHEREAS, on November 22, 2019, the SKHHP Executive Board took unanimous action to adopt SKHHP Resolution 2019-06 urging each of the nine member jurisdictions to pool 100 percent of the tax receipts collected under the provisions of RCW 82.14.540 which expressly anticipates pooling of tax receipts received under RCW 82.14.540 if done pursuant to this Agreement; and WHEREAS, the Parties wish to act cooperatively to pool tax receipts received in individual cities to allow the use of funds to leverage other funds and make a more meaningful and significant impact on affordable housing challenges in south King County consistent with this Agreement and RCW 82.14.540; and WHEREAS, pooling RCW 82.14.540 sales tax receipts with SKHHP will establish a regional funding source that will help to establish regional-decision making and shared housing solutions and increased investment in affordable and supportive housing in south King County. NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants contained in this Agreement, the Parties incorporate by reference and agree to the above recitals and the following terms and conditions: 1. Purpose. The purpose of this Agreement is to allow each of the Parties to pool all or a portion of its tax receipts received under RCW 82.14.540 for use by SKHHP in funding affordable and supportive housing projects and/or programs as permissible under RCW 82.14.540. 2. Responsibilities and Authority. For the purposes of RCW 39.34.030(4)(a), the SKHHP Administering Agency is designated as the administrator responsible for overseeing and administering the joint or cooperative undertaking contemplated by this Agreement. No property shall be acquired by the Parties to this Agreement by reason of this joint or cooperative undertaking. 3. Pooled Funds. The legislative body of each Party shall consider whether it will pool with SKHHP all or a portion of its RCW 82.14.540 tax receipts. Each Party that determines that it will pool all or a portion of its RCW 82.14.540 tax receipts shall transfer the funds to be pooled into the SKHHP Housing Capital Fund. 4. Uses of Pooled Funds. Consistent with the permissible uses of funds set forth in RCW 82.14.540, SKHHP will distribute funds pooled under this Agreement only for the following purposes that serve persons whose income is at or below 60 percent of the median income: AGENDA ITEM #5. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 3 of 6 a. Acquiring, rehabilitating, or constructing affordable housing, which may include new units of affordable housing within an existing structure or facilities providing supportive housing services under RCW 71.24.385; and/or b. Funding the operations and maintenance costs of new units of affordable or supportive housing. 5. Selection of Funding Awards involving Pooled Funds. SKHHP intends to periodically invite applications for funding for projects and/or programs eligible for funding under the SKHHP Interlocal Agreement. For each round of funding applications for which SKHHP intends to use funds pooled under this Agreement, the following shall apply: a. The SKHHP Executive Board will identify funding guidelines that will include, but not be limited to: the amount of available funding, household income targets, funding priorities, eligible activities and geographic areas, regulatory terms, other award terms/reporting requirements, application contents, review process, evaluation criteria, and the schedule for funding allocation. b. The SKHHP Advisory Board, to be established by the SKHHP Executive Board as outlined in the SKHHP Interlocal Agreement, will provide recommendations to the SKHHP Executive Board on the strategic funding priorities and the allocation of tax receipts collected through this Agreement. These recommendations will consider south King County housing needs, other funding sources that support affordable housing and supportive housing, local housing needs, and equitable geographic distribution of funds. c. The SKHHP Executive Board shall consider the recommendations of the SKHHP Advisory Board to decide both the recommended funding awards for selected projects and/or programs and the specific funding from each participating Party consistent with the SKHHP Executive Board Powers. d. Funding will be limited to projects or programs that are within the SKHHP sphere of influence as identified in the SKHHP Interlocal Agreement and meet the eligibility criteria of RCW 82.14.540. 6. Expenditure of Pooled Funds; Legislative Authority of Each Party. a. As provided in the SKHHP Interlocal Agreement, the SKHHP Executive Board will recommend to the individual legislative bodies various terms to accompany their authorizations. Terms shall be consistent with RCW 82.14.540 and may include but will not be limited to: the amount of funds allocated, project description, minimum affordability requirements, nature of funding commitment (loan, grant, or other), and general repayment terms for loans, if applicable. AGENDA ITEM #5. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 4 of 6 b. Before any Party’s pooled funds are awarded or distributed for funding of a project or program selected pursuant to Section 4 “Selection of Funding Awards involving Pooled Funds” of this Agreement, the legislative body of such Party shall authorize the application of a specified amount of its 82.14.540 tax receipts in its Individual Account, as provided in Section 14 of the SKHHP Interlocal Agreement. c. SKHHP may only award and distribute a Party’s pooled funds after a Party’s legislative body has approved participation in this Agreement. 7. Administration. Funds collected through this Agreement shall be administered through the SKHHP Housing Capital Fund as outlined in the SKHHP Interlocal Agreement and administered by the SKHHP Administering Agency. The SKHHP Administering Agency will maintain records sufficient to separately track the deposits and withdrawals within each Individual Account and each project account. 8. Reporting. In addition to reporting requirements under the SKHHP Interlocal Agreement, SKHHP will submit an annual report to the Parties of work plan progress that includes, but is not limited to, housing priorities, strategies, capital funding investments, use of pooled RCW 82.14.540 tax receipts, and other SKHHP accomplishments. 9. Audit. The Parties acknowledge that the expenditure of all funds will be subject to audit by the state auditor or other authorized entity. The SKHHP Administering Agency reserves the right to review, monitor, or audit the use of these funds as deemed necessary. Such activities may occur with or without notice. 10. Termination or Withdrawal. This Agreement may be terminated at any time by an affirmative vote of a majority of the legislative bodies of the Parties to this Agreement. If a Party wishes to withdraw from participation in this Agreement, it may do so with written notice to the SKHHP Executive Board of its intention to withdraw, due on or before July 1 of a year and become effective as of 11:59 p.m. on December 31 of that year. Upon termination of this Agreement or Party withdrawal from this Agreement, all uncommitted pooled RCW 82.14.540 tax receipt moneys in the SKHHP Housing Capital Fund will be distributed to the Parties in case of termination of the Agreement, or individually to any Party withdrawing from the Agreement, by remitting the total uncommitted amounts remaining in the Party’s Individual Account to that Party, unless otherwise authorized by the legislative authority of that Party. 11. Additional municipalities. This Agreement may be expanded to include additional SKHHP municipalities through the execution of a companion agreement that is consistent with this Agreement and the SKHHP Interlocal Agreement, and upon an affirmative vote of a two- thirds majority of the membership of the SKHHP Executive Board. 12. Amendments. Any amendments to this Agreement must be in writing. This Agreement may be amended upon approval of at least two-thirds of the legislative bodies of all Parties to AGENDA ITEM #5. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 5 of 6 this Agreement, evidenced by authorized signatures of those Parties as of the effective date of this Agreement, however, any amendment to this Agreement affecting the terms and conditions of membership, provisions regarding duration, termination or withdrawal, or the conditions of this Section will require consent of the legislative authorities of all Parties. This Section shall not be construed to require amendment of this Agreement for the addition of a new Party contemplated under Section 11. 13. Effective date. This Agreement will become effective March 1, 2021, subject to its approval by the legislative bodies of all participating jurisdictions, and pursuant to RCW 39.34.040. Although this Agreement may be approved and signed by a Party after the Agreement’s effective date, all acts consistent with the authority of this Agreement that occur on or after March 1, 2021, are hereby ratified and affirmed, and the other terms of this Agreement will be deemed to have applied. 14. Agreement Duration. This agreement will be in full force and effect until it is terminated in accordance with the terms and conditions of this agreement. Signature Page Follows) AGENDA ITEM #5. c) SKHHP SHB 1406 Interlocal Agreement – February 4, 2021 Page 6 of 6 Approved and executed this _______ day of ________________, 2021. Name of Party: [fill in jurisdiction] fill in appropriate signatory] Approved as to form: fill in City Attorney information] AGENDA ITEM #5. c) AB - 3575 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Repealing RMC 22-2 (ORD6106) Renton River Days Advisory Board RECOMMENDED ACTION: Refer to Community Services Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Roberta Graver, Administrative Assistant to Parks & Recreation Dept. EXT.: 6604 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: ORD 6106 was adopted December 2022 to create a Mayor appointed Renton River Days Advisory Board to provide guidance and feedback advising on the long-standing annual event. Renton River Days had been operated by a separate non-profit until 2022 with City support, whereas now the event is in its second year of being fully owned and executed by the Parks and Recreation Department. Staff has since evaluated and determined the board’s single event focus is not beneficial to the department’s overall efforts around programming a multitude of events. In its place will be an informal Parks & Recreation Events Committee that will include members from existing city boards, prior Renton River Days board members, and city staff, to provide guidance and experience feedback based on in-person attendance, analytics and survey results. EXHIBITS: A. 24ORD003 Repealing Ord 6106, Ch 2-22 STAFF RECOMMENDATION: Approve and adopt the ordinance to repeal in its entirety, Renton Municipal Code Chapter 22-2, Renton River Days Advisory Board. AGENDA ITEM #5. d) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING CHAPTER 22, RENTON RIVER DAYS ADVISORY BOARD, OF TITLE II (COMMISSIONS AND BOARDS); AUTHORIZING CORRECTIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Chapter 22 of Title II, Renton River Days Advisory Board, enacted by Ordinance No. 6106, is hereby repealed in its entirety. SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. AGENDA ITEM #5. d) ORDINANCE NO. ________ 2 SECTION V. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the day of , 2024. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2024. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: P&R:24ORD003:03/20/2024 AGENDA ITEM #5. d) AB - 3576 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Application Authorization: Youth Athletic Facility Grant to Support Acquisition of the “Stoneway Parcel” adjacent to Cedar River Park RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Jason Lederer, Parks Planning Manager EXT.: 6547 FISCAL IMPACT SUMMARY: Allows the City to apply for a $1,500,000 grant from the State Recreation and Conservation Office (RCO), which requires a 50% cash match. SUMMARY OF ACTION: Requesting approval to apply for State Recreation and Conservation Office (RCO) Youth Athletic Facilities (YAF) grant funding of $1,500,000.00, which requires a 50% cash match, that will be used to support acquisition of an approximately 12.5-acre vacant parcel directly adjacent to Cedar River Park, commonly known as the "Stoneway Property. Cedar River Park, which contains a Renton Community Center, Henry Moses Aquatic Center, Carco Theater, a diamond-shaped athletic field, and provides access to local and regional trails, is one of the most heavily used community parks within Renton’s system with upwards of 42,000 visits annually. Acquisition of the adjacent parcel would allow for the expansion of park programming inclusive of sports fields, pathways, support amenities, and potentially water access, and align closely with priorities and recommendations in adopted city master plans. The 2020 Parks, Recreation, and Natural Area Plan (Parks Plan) sports field needs assessment revealed a significant demand and need for additional and improved sports fields across the parks system. Currently, Renton provides one diamond-shaped (baseball/softball) field per 26,175 residents and one rectangular shaped (Soccer/football/rugby, etc.) field per 104,700 residents. If Renton School District fields are considered in the existing City fields inventory, the ratio of fields to population increases to one diamond field per 6,159 residents and one rectangular field per 26,175 residents. The adopted level of service standard for sports fields is 1/6,663 for diamond fields and 1/10,779 for rectangular fields. Public feedback during the 2006 Tri-Park Master Plan development and reaffirmed in the subsequent 2011 and 2020 Parks Plans indicates strong and ongoing demand for youth, adult, and adaptive sports fields in this location. Acquiring and redeveloping this parcel with athletic fields aligns with the highest priority projects identified in the 2020 Parks Plan, which includes major renovations to Cedar River Park and the adjacent areas. It also supports broader, city-wide recommendations to improve access to sports fields and a sports field complex to sustain and enhance sports field level of service. The total acquisition cost for this parcel is estimated to be approximately $20,000,000 to be confirmed during a future appraisal process. The proposed grant application in the amount of $1,500,000 would help to offset these costs. The grant funding source requires a 50% cash match. If awarded, the grant would leverage AGENDA ITEM #5. e) anticipated Capital Improvement Program, Real Estate Excise Tax, Park Impact Fee, and/or Bond Borrowing funding. The resolution authorizes a formal application to the YAF program for an acquisition grant. If awarded, the grant agreement would be submitted to Council for review and authorization. EXHIBITS: A. Acquisition Parcel - Concept Plans B. Resolution Authorizing RCO YAF Grant Application STAFF RECOMMENDATION: Adopt the Resolution authorizing application to the State Recreation and Conservation Office (RCO) for a $1,500,000 Youth Athletic Facilities (YAF) grant to offset costs of acquiring the “Stoneway Property” adjacent to the Cedar River Park in alignment with the Tri-Park Plan. AGENDA ITEM #5. e) Acquisition Parcel (approx.) 2020 Parks Recreation and Natural Areas Plan Concept Plan AG E N D A I T E M # 5 . e ) Acquisition Parcel (approx.) AG E N D A I T E M # 5 . e ) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDING ASSISTANCE FOR A YOUTH ATHLETIC FACILITY PROJECT TO THE RECREATION AND CONSERVATION FUNDING BOARD FOR THE STONEWAY PARCEL ACQUISITION. WHEREAS, the City of Renton (“City”) desires to acquire a parcel (the “Stoneway Parcel”) adjacent to the Cedar River Park to develop into multiuse sports fields with related amenities and facilities for recreational and park programming purposes, a project internally designated the file number 24-1956 ACQ (the “Project”); and WHEREAS, the City desires state grant assistance, under provisions of the Youth Athletic Facility (“YAF”) program administered by the Recreation and Conservation Funding Board which is supported by the Recreation and Conservation Office (“RCO” or the “Office”), to aid in financing the cost of the Project; and WHEREAS, RCO requires YAF program applicant entities to adopt a resolution/ authorization using the language set forth below; and WHEREAS, the City considers it to be in the best public interest to complete the Project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City intends to apply for funding assistance managed by the RCO for the Project. SECTION II. The City Council authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the AGENDA ITEM #5. e) RESOLUTION NO. ________ 2 following documents binding the City on the Project: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Parks Planning Manager Project contact (day-to-day administering of the grant and communicating with the RCO) Parks Planning Manager RCO Grant Agreement (Agreement) Mayor* Agreement amendments Up to $50,000 $50,000 or more Parks and Recreation Administrator Mayor* Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. Mayor* * subject to Council approval where City policies require The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. The City shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION III. The City has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the City if the City’s representative/agent AGENDA ITEM #5. e) RESOLUTION NO. ________ 3 enters into an Agreement on the City’s behalf. The Office reserves the right to revise the Agreement prior to execution. SECTION IV. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION V. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on the part of the City. SECTION VI. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of the City. SECTION VII. The City further understands that prior to the City’s authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to execution of the Agreement(s), confer with the City’s authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. The City also acknowledges and accepts that if the City’s authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with the City’s authorization. SECTION VIII. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the Project. AGENDA ITEM #5. e) RESOLUTION NO. ________ 4 SECTION IX. If match is required for the grant, the City understands that the City must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. SECTION X. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Office after the City incurs grant eligible and allowable costs and pays them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION XI. The City acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by the City and the Office. The City agrees to dedicate the property in a signed “Deed of Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (which documents will be based upon the Office’s standard versions of those documents), to be recorded on the title of the property with the county auditor. The City acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director. SECTION XII. This resolution/authorization is deemed to be part of the formal grant application to the RCO. SECTION XIII. Nothing in this Resolution requires the City to accept the terms of future agreements or acceptance of any grant award. AGENDA ITEM #5. e) RESOLUTION NO. ________ 5 SECTION XIV. The City warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the City has full legal authority to commit it to the warranties, certifications, promises, and obligations set forth herein. PASSED BY THE CITY COUNCIL the day of , 2024. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2024. Armondo Pavone, Mayor Approved as to form: _________________________ Shane Moloney, City Attorney RES-P&R:24RES010:5/10/24 AGENDA ITEM #5. e) AB - 3577 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Request to Waive Venue Rental Fee for the Project Be Free Survivor Wellness Symposium RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Linda Moschetti-Newing, Parks and Recreation Program Coordinator EXT.: 7394 FISCAL IMPACT SUMMARY: Waiving fees for the Project Be Free 4th Annual Survivor Wellness Symposium result in a revenue impact of $4,420. SUMMARY OF ACTION: The Parks and Recreation Department has received a request to waive fees for Project Be Free’s 4th Annual Survivor Wellness Symposium scheduled for Saturday, July 20 at the Renton Community Center. Established in 2020, Project Be Free is a non-profit 501(c)3 organization based in downtown Renton. The organization recently completed a contract initiated by the city’s Human Services Division. Final data and reports of those served through this contract are in the process of being compiled. Project Be Free services focus on assisting those impacted by domestic violence and directing them to additional resources as needed. Project Be Free also works with the Renton Police Department’s Domestic Violence Section and our municipal court. In an effort to remain Renton-focused, the organization would like to host its annual Survivor Wellness Symposium at the Renton Community Center Saturday, July 20. This all-day event will be offered to adults and children in English and Spanish. The symposium will provide separate youth facilitators specifically dedicated to working with the younger population. The event will offer breakout sessions include wellness, self- improvement, self-care, fitness, wellness, roundtable discussions, job training, legal services, and a boutique. The event is free to those who register and funded only by donations and sponsorships. More information may be found on their website at project-be-free/symposium. EXHIBITS: A. Fee Waiver Request B. Rental Agreement STAFF RECOMMENDATION: Approve the fee waiver request for the Project Be Free 4th Annual Survivor Wellness Symposium at the Renton Community Center. The total impact of the waiver is $4,420. AGENDA ITEM #5. f) CITY OF RENTON PARKS AND RECREATION DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee waiver and/or reduction requests will be submitted for approval to the City Council via the Finance Committee. Request date: Name of group: Group contact/number: Address (Street, State, Zip): Email address: Date of event: Number in party: Location/Address: Type of event: Staff contact/number: What is the total cost of the rental and applicable fees? What is the cost of the fee waiver or reduction requested? Describe event and explain why a reduction or waive of fees will benefit our Renton citizens: AGENDA ITEM #5. f) Recreation Division Facility Rental Agreement (425) 430-6700 ContractContract Contra ct #:FA-6870 Event Name:Project Be Free Date:Ma y 06 2024 Status:T entative Ca pa city: 184 Prepare d by:T ania T homas Client InformationClient Information Na me:Bella Lomax Account:Project Be Free Phone #:(509) 899-0397 Email:bella.lomax@project-be-f ree.com Address:306 Wells AVE S S uite D , Renton, Washington, 98057 FacilityFacility Fa cility Location Da te Day Time Prep Fee(s) Renton Community Center Banquet Room Jul 20 2024 S aturday 08:00 AM - 05:00 PM $1,350.00 Renton Community Center Gym - D ouble Jul 20 2024 S aturday 08:00 AM - 05:00 PM $1,800.00 Renton Community Center Room A Jul 20 2024 S aturday 08:00 AM - 05:00 PM $360.00 Renton Community Center Room B Jul 20 2024 S aturday 08:00 AM - 05:00 PM $360.00 Facility FeesFacility Fees Na me Subtotal Discount Ta x Tota l Price # of Book ing(s) Banquet Room $1,350.00 $0.00 $0.00 $1,350.00 1 Gym - D ouble $1,800.00 $0.00 $0.00 $1,800.00 1 Room A $360.00 $0.00 $0.00 $360.00 1 Room B $360.00 $0.00 $0.00 $360.00 1 Extra FeesExtra Fees Extra s pe r Contract Extra s pe r Reservation Project Be Free (Jul 20 2024) Na m eName #U nit Price Subtotal Tax Total Price Security D eposit 1 $550.00 / item $550.00 $0.00 $550.00 InvoiceInvoice Due Da te Amount Remaining Ba lance --- Contract TotalContract Total Rental Fee Rental Ta x Extra Fees Extra Tax Tota l with Ta x AGENDA ITEM #5. f) $3,870.00 $0.00 $550.00 $0.00 $4,420.00 Conditions of Use Users will leave the f ac ility in the s ame c ondition as w he n the y arrived, including res trooms. You can he lp us keep our park s and f acilities c lean by placing all garbage in receptac les . Please ref rain f rom using adhes ive s and tack s on facility s tructures . T he cos t of any cleaning or repairs that require City of Renton staf f w ill be added to the cost of your rental. All cleaning must be done immediately af ter your event. Rental times inc lude all s et-up and clean-up. Under no circums tances w ill the eve nt be allow ed to continue af ter the contracted time. Violations of this policy will result in imme diate termination of the event and additional charges may apply. W e res erve the right to ref use rental services to any pers ons or organizations that discriminate or have a his tory of dis c rimination on the basis of sex, race, religion or sexual orientation. It is unlawf ul to possess or consume alc oholic beverage s in any City of Renton park , except in Renton Community Center and Renton S enior Activity Center banquet rooms . No ref unds w ill be given f or inclement weather or violations of City of Renton Park Rules and Regulations (s ee Renton Municipal Code 2-9-8) or f acility rules. Refunds w ill be considered on an individual bas is w hen events are canceled by the City of Renton f or mis us e of the f ac ility. I ndividual f ac ility rules apply. The City of Renton is not res pons ible f or los t or s tolen items . T he Renton Police D epartment shall be c alled if any illegal activities occur on the premises. The renter is required to carry ins urance c overage. Please check w ith facility manager for details . In ans w ering and acknow ledging the above, and reading the City of Renton Park Rules and Regulations, I agree to all terms and conditions. X______________________________________________________________ Alcohol not allowed. INSURANCE IS REQUIRED 30-D AYS PRIOR T O THE EVENT D ATE FLAMMABLE MATERT IALS OR US E OF ANY T YPE OF OPEN FLAME IS PROHIBITED . MUSIC AND ALCOHOL S ERVICE MUS T ST OP ONE HOUR PRIOR TO CONT RACT ED END TIME (APPLICABL E FACIL IT IES ONLY ). Questionnaire(s) Release and Waiver of Liab ility Hold Harmless: The undersigned agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the undersigned’s use of the facilities or any breach of this agreement by the undersigned, except for any portion of the claims caused by the City’s sole negligence. Ba nquet Room Renta ls Banquet Permit I agree Deposit Refund policy I agree Contract Time I agree Cancellations I agree Rele ase of Liability Yes AGENDA ITEM #5. f) Governing Law, Jurisdiction, and Venue: This agreement is made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Any lawsuit or legal action brought by any party to enforce or interpret this agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Date: May 06 2024 Client Signature Click to Sign AGENDA ITEM #5. f) AB - 3579 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Parks, Recreation, and Natural Area Plan Update - BERK Consulting Professional Services Agreement RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Jason Lederer, Parks Planning Manager EXT.: 6547 FISCAL IMPACT SUMMARY: $274,801 from 316.332002.020.576.81.41.000 PARKS RECREATION AND OPEN SPACE PLAN SUMMARY OF ACTION: Through a comprehensive RFQ process, Parks and Recreation staff selected BERK Consulting, Inc. (BERK) as the preferred consultant to support the City in updating the Parks, Recreation, and Natural Areas Plan (Parks Plan). The City aims to update the Parks Plan on a six-year cycle in alignment with industry best practices and state funding requirements. As a sub-plan of the City’s Comprehensive Plan, the Parks Plan helps guide the Parks and Recreation Department’s understanding of service level and needs of Renton’s evolving and changing population, identifies strategies and recommendations for addressing service gaps across the parks system inclusive of park properties, facilities, and programming, and helps facilitate programmatic funding strategies and goals. Key elements of the Plan update include: Updated mission, vision, values, and goals, Focus on recreation programs, active and passive parks, and natural areas, Robust stakeholder and public engagement, especially with underserved groups, Consideration of demographic and population trends and future growth forecasts, Analysis of existing conditions and levels of service, Identification of future needs for facilities and programs, Integration of environmental and financial sustainability into parks policies and planning, Methodology for project prioritization, emphasizing equity and underserved groups, List of recommended projects and programs over the next 20 years, including cost estimates and plans for implementation, Evaluation of programmatic staffing levels and recommended funding strategies, and Use of maps, graphics, and Story Maps to create visually appealing and clear plan materials. Previous Parks Plans were completed and adopted by Council in 1978, 1984, 1993, 2003, 2011, and most recently, 2020. Adopted plans are submitted to the Washington State Recreation and Conservation Office (RCO) for certification, with the next update due in early 2026. Certification also provides eligibility to apply for RCO grants for projects identified in the Plan’s six-year capital improvement plan. The City also uses the Parks Plan to qualify and apply for other grant funding. Upon completion, the Parks and Recreation Department will submit the updated Parks Plan to RCO for certification, and once certified, will be eligible for a variety of grant funding opportunities. EXHIBITS: AGENDA ITEM #5. g) A. Professional Services Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into a Professional Services Agreement with BERK Consulting in the amount of $274,801 for consulting services in support of updating the Parks, Recreation, and Natural Areas Plan. AGENDA ITEM #5. g) AGREEMENT FOR PARKS, RECREATION, AND NATURAL AREAS PLAN UPDATE THIS AGREEMENT, dated for reference purposes only as June 30, 2024, is by and between the City of Renton (the “City”), a Washington municipal corporation, and BERK Consulting, Inc. (“Consultant”), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide Parks, Recreation and Natural Areas Plan Update as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than February 28, 2026. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $274,801.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for AGENDA ITEM #5. g) PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards AGENDA ITEM #5. g) PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City AGENDA ITEM #5. g) PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #5. g) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single AGENDA ITEM #5. g) PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jason Lederer 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6547 jlederer@rentonwa.gov CONSULTANT Lisa Grueter 2200 6th Ave, Ste. 1000 Seattle, WA 98121 Phone: (206) 324-8760 lisa@berkconsulting.com AGENDA ITEM #5. g) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if AGENDA ITEM #5. g) PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Jason Lederer. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the AGENDA ITEM #5. g) PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #5. g) PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Lisa Grueter Principal _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: Cheryl L. Beyer 5/17/24_ Cheryl L Beyer Senior Assistant City Attorney Contract Template Updated 5/21/2021 clb 5/17/24 3058 AGENDA ITEM #5. g) May 14, 2024 1 Renton Parks, Recreation, and Natural Areas Plan Update Project Understanding The City of Renton is updating their Parks, Recreation, and Natural Areas Plan to reflect community needs, strategize for project and program implementation, and maintain eligibility for state grants. The resulting document will be a roadmap for an equitable, sustainable, and effective Renton parks and recreation system. Key elements of the 2026 Parks, Recreation, and Natural Areas Plan Update include: Updated mission, vision, values, and goals, Focus on recreation programs, active and passive parks, and natural areas, Robust stakeholder and public engagement, especially with underserved groups, Consideration of demographic and population trends and future growth forecasts, Analysis of existing conditions and levels of service, Identification of future needs for facilities and programs, Integration of environmental and financial sustainability into parks policies and planning, Methodology for project prioritization, emphasizing equity and underserved groups, List of recommended projects and programs over the next 20 years, including cost estimates and plans for implementation, Evaluation of programmatic staffing levels and recommended funding strategies, and Use of maps, graphics, and Story Maps to create visually appealing and clear plan materials. The City of Renton has requested this scope of services from BERK Consulting, Inc. (BERK). BERK will serve as prime consultant. We will be supported by MxM for landscape architectural expertise and cost estimates as well as support with public engagement activities. Project Approach and Scope The scope below responds to the Request for Qualifications and discussions of project needs with Jason Lederer Renton Parks Planning Manager. Tasks start with internal coordination and public engagement Exhibit A AGENDA ITEM #5. g) May 14, 2024 Renton | Parks, Recreation, and Natural Areas Plan Scope of Services 2 that create a platform for the technical, policy, and conceptual portions of the Renton Parks, Recreation, and Natural Areas Plan Update: Task 1: Project Kick-off and Management Task 2: Stakeholder and Public Engagement Task 3: Mission, Vision, and Values, and Goals Task 4: Asset Mapping, Facility Inventory, and Plan Review Task 5: Trends, Gaps, and Needs Assessment Task 6: Facilities Assessment Task 7: Park Classifications, Suitability, and Environmental Sustainability Task 8: Key Findings and Recommendations Task 9: Project Prioritization Task 10: Action Planning Task 11: Funding and Financial Feasibility Task 12: Plan Development and Documentation Task 1: Project Kick-off and Management Project management for the duration of the plan update will occur under Task 1. This is expected to include a kickoff meeting with City staff and the BERK team, and regular check-in meetings to provide updates and connect on upcoming tasks. The kickoff meeting is anticipated to be in-person and include an inter-departmental team workshop addressing project and engagement objectives. It could include a tour of key sites or online map exercise regarding important assets and priority areas of focus. Deliverables: Kickoff meeting, kickoff summary notes, documentation of key decision points City Staff role: Meeting participation Task 2: Stakeholder and Public Engagement Engagement is expected to include the following items: Public Participation Plan. The BERK team will develop a public participation plan to ensure early and continuous public involvement in the development of the 2026 Plan. We will design the engagement to reach a wide number of participants and reflect a diverse range of perspectives, including residents, park users and non-users, user groups, associations, partners, city departments and staff, and other interested parties. The public participation plan will identify specific communities of interest and strategies to reach them to ensure a representative cross-section of the Renton community. We will check participation levels and representativeness at each phase to modify the participation plan adaptively. AGENDA ITEM #5. g) May 14, 2024 Renton | Parks, Recreation, and Natural Areas Plan Scope of Services 3 Development of materials. The BERK team will prepare materials for outreach and engagement, such as exhibits, flyers, graphics, slide decks, and/or boards. Messaging will emphasize graphics and plain language and avoid technical jargon. Statistically Valid Survey (Optional): The team will also develop a statistically valid survey of Renton residents to gather feedback on goals and objectives of the 2026 plan and specific park improvements. This would be developed by a market and public opinion firm specializing in such surveys with a vendor approved by the City. The budget includes a set aside for such a survey. Depending on the City’s preferences and engagement needs, the set aside can be repurposed for other needs such as more outreach events, focus groups, or targeted engagement. Outreach and engagement activities. The BERK team will lead and support community meetings, outreach events, and other opportunities to engage with the Renton community. This is expected to include an online survey (self-selected) and 3-4 outreach events or community planning area/neighborhood meetings. This is expected to include a combination of in-person and virtual events. Board, commission, and elected official meetings are included under Task 12. Translation, Interpretation, Transcreation: The scope includes a set aside for translations of the fliers and survey into up to three languages and attendance at 2-3 events depending on needs. Deliverables: Draft and final Public Participation Plan, draft and final event/outreach materials, draft and final survey, engagement summary. The Consultant team will develop and manage the platforms for the statistically valid survey, online survey, and story map(s). The Consultant team assumes the City will have a dedicated project website, and the links to the platforms will be provided (as appropriate) to the City. City Staff role: Input on communities of interest and past engagement, introductions to user groups and other community groups as applicable, feedback on draft public participation plan, early survey input, feedback on draft outreach materials and survey, relevant Renton branding/communications guidelines, support at engagement events, feedback on engagement summary Task 3: Mission, Vision, and Values, and Goals The BERK team will support the creation and adoption of mission and values statements and update the City’s vision and goals for the 2026 plan as needed. This section is expected to reflect the many purposes of parks in the community, such as play, social connection, health, tree canopy and habitat, stormwater management, and climate resiliency. We will conduct a staff work session and take ideas to the public for input. Community engagement in Task 2 will in turn further inform these updates. Deliverables: Draft mission and values statements, draft vision and goals. Staff workshop. City Staff role: Input on existing mission, vision, values, and goals; feedback on drafts Task 4: Asset Mapping, Facility Inventory, and Plan Review Task 4 will include the following: Inventory update. The BERK team will update the City’s park inventory and existing facility maps, starting with spatial information provided by City staff. BERK will structure all data deliverables per the City’s defined geodatabase schema. BERK will create a Story Map at the time of Visioning and the Draft Plan Sharing to assist public engagement purposes and for ongoing staff use. AGENDA ITEM #5. g) May 14, 2024 Renton | Parks, Recreation, and Natural Areas Plan Scope of Services 4 Plan review. The BERK team will review existing city plans and documents related to the plan update to identify relevant concepts to leverage or that have been completed. The team expects to review the following documents: Renton Trails and Bicycle Master Plan Renton Urban Forest Management Plan: 2022 – 2032 Renton Clean Economy Strategy 2.0 City of Renton Comprehensive Plan Renton Facility Conditions Assessment Renton Recreation & Neighborhood Strategic Plan 2020 Renton Parks, Recreation, and Natural Areas Plan Park Impact Fee Study Regional Watershed Plans, such as WRIA 8 Chinook Salmon Conservation Plan report (notably Appendix F with Site-Specific Projects listed) May Creek Basin Action Plan, and related documents Deliverables: Updated parks inventory geodatabase, draft and final maps in PDF/image format and digital data layers compatible with the City’s GIS system, and summary of plan review. Development of interactive maps in two phases – Visioning and Draft Plan Sharing, which may either be built on the City’s platform (with credentials for BERK staff) or on the BERK platform and transferred. Staff workshop. City Staff role: Input on plans for review, existing park inventory data and other relevant layers in geodatabase format, input on inventory changes to be made, feedback on draft maps Task 5: Trends, Gaps, and Needs Assessment The trends, gaps, and needs assessment is expected to include: Existing conditions and level of service analysis. The BERK team will review existing conditions and current levels of service of parks, trails, and open space assets to provide a baseline for analysis. We will prepare a qualitative and quantitative analysis considering amounts of parkland and trail miles, accessibility to populations, facility completeness and age, and other factors. Demographic, health, and population trends. The BERK team will analyze citywide demographic and population trends, as well as trends at the neighborhood/community planning scale where data is available. Level of service impacts and future needs based on the city’s projected growth will also be analyzed. These community planning area profiles can support engagement through the neighborhood program. Recreation trends. The BERK team will consolidate findings on statewide, regional, and local trends using available data. This is anticipated to include Renton’s recreation registrations, available user counts of programs and facility rentals, local surveys described under Task 2, data from King County Play AGENDA ITEM #5. g) May 14, 2024 Renton | Parks, Recreation, and Natural Areas Plan Scope of Services 5 Equity Coalition, Washington State Recreation and Conservation Office SCORP survey, or other industry data. The BERK team will prepare a matrix of recreation program categories, providers (e.g., Renton, King County and adjacent jurisdictions), target users, and identify gaps and areas of strength, compared to survey results and data. We will identify criteria and opportunities for partnerships. We will include the Renton History Museum’s role within the Department and programmatic needs and the services offered currently. Based on City data, the BERK team will summarize the cost recovery of programs/types (this may be pre and post pandemic depending on City data). The BERK team will classify recreation programs based on level of importance, benefits to community, fiscal sustainability, availability in community, and level of public interest/access. The BERK team will work with the Renton staff team to identify core programs that Renton offers based on a facilitated conversation or a questionnaire to staff. Gap analysis. The BERK team will use GIS analysis to map gaps in the City’s park system and compare them with population demographics, with an emphasis on race, income, and equity. This analysis will also consider park accessibility via pedestrian, bicycle, car, and transit modes. The gap analysis will analyze both current gaps and anticipated future gaps, based on expected growth. Deliverables: Draft and final recreation needs assessment, including maps in PDF/image format and digital data layers compatible with the City’s GIS system. Staff workshop. City Staff role: Provide any available City recreation and facility use data, feedback on draft recreation needs assessment Task 6: Facilities Assessment The BERK team will review and integrate the 2020 outdoor facilities assessment and a 2018 Facilities Assessment addressing structural/mechanical conditions into the plan. We will reference the Department’s recent infrastructure condition assessments (for items such as bridges and bulkheads). The assessment will also include considerations for maintenance using Department budget and staff information. The City anticipates greater review of facilities as a separate study. Deliverables: Draft and final facilities assessment City Staff role: Feedback on draft facilities assessment Task 7: Park Classifications, Suitability, and Environmental Sustainability The BERK team will develop a park classification approach, minimum park standards, and criteria for facility types and locations (e.g., local, community, and regional parks and trails; recreation facility distribution e.g., sport courts, special uses, etc.), and approach to site use flexibility over time as trends change. AGENDA ITEM #5. g) May 14, 2024 Renton | Parks, Recreation, and Natural Areas Plan Scope of Services 6 Building on Tasks 1-6, the BERK team will develop photo arrays and site recommendations at park sites that could factor into a capital program for major capital replacement or new facilities to address levels of service and quality indicators. The BERK team will summarize environmental sustainability considerations for park planning and design and natural areas management, referencing best management practices and case studies considering example City sites, the city’s Clean Economy Strategy, and other related plans. We will review watershed plans (see Task 4) and the shoreline restoration plan for information on natural areas habitat quality and opportunities for grants. This will be folded into the plan recommendations. Deliverables: Park classification scheme, example park concepts for representative parks in the system, summary of environmental sustainability considerations for parks. Staff workshop. City Staff role: Feedback on draft summary Task 8: Key Findings and Recommendations Based on findings from the prior tasks, including engagement, plan review, needs assessment, facilities assessment, and sustainability, the BERK team will summarize key findings and recommendations to inform project prioritization and action planning. This will support a staff workshop on prioritization in Task 9, and fold into the draft plan in Task 12. Deliverables: Summary of key findings and recommendations City Staff role: Feedback on draft summary Task 9: Project Prioritization The BERK team will work with staff to develop prioritization criteria for parks projects based on the established values and goals with an emphasis on equity and environmental and financial sustainability. The team will also produce a ranked list of projects and cost model for a 20-year period, including cost estimates for maintenance and administration. This will be developed and refined through a staff workshop(s). Deliverables: Draft and final project prioritization criteria, draft and final project list and cost estimates. Staff workshop. City Staff role: Collaboration on prioritization criteria, input on draft and project list and cost estimates Task 10: Action Planning Action planning will include: policy updates, acquisitions, capital improvements, maintenance, programming, staffing, and communications and engagement (including discussion of the Renton Neighborhood Program and Renton History Museum). This section will also include the development of specific and measurable objectives and key performance measures for evaluation and monitoring. The Task will include a schedule and cost for capital improvements and key programs identified in the plan. Action planning considerations will be refined through a staff workshop. AGENDA ITEM #5. g) May 14, 2024 Renton | Parks, Recreation, and Natural Areas Plan Scope of Services 7 Deliverables: Draft objectives and key performance measures, capital and program schedule, and draft and final chapter on action planning. Staff workshop. City Staff role: Collaboration on objectives and key performance measures, input on draft chapter Task 11: Funding and Financial Feasibility The BERK team will analyze the financial feasibility of the Plan. At a programmatic level, and with review of city revenue trend information (e.g., facility rentals) and costs of capital investments, we can also identify the potential for cost recovery. Using budget histories and revenue projections from the City, the BERK team will project existing revenues and potential alternative sources of revenue. This section will also include options for cost sharing and partnership opportunities. We will identify the potential components of the level of service and capital needs that would require a future impact fee update. Deliverables: Draft and final chapter on funding and financial feasibility City Staff role: Input on draft chapter, providing City budget histories and revenue projections as available Task 12: Plan Development and Documentation This task will include: Document, Map, and Interactive Story Map preparation. The BERK team will prepare draft and final documents, map files, and graphics. This includes consolidating earlier deliverables into the overall plan document. Two rounds of review are assumed. The Draft Plan sharing will include development of a Story Map and interactive engagement tools (e.g., comment maps, survey). Adoption process. The BERK team will collaborate with staff on presentations to the Parks Commission, Planning Commission, City Council, and general public. Six to eight (6-8) legislative meetings are assumed (3 in person and 3 virtual attendance). SEPA documentation. BERK will complete all necessary Washington State Environmental Policy Act (SEPA) documentation and analysis. One round of review is assumed. Notices and agency review. BERK will prepare appropriate notices for review by the Washington Department of Commerce and Recreation Conservation Office. Draft and revised notices are assumed. Deliverables: Draft and final 2026 Renton Parks, Recreation, and Natural Areas Plan; packaged geodatabase file with spatial data; maps and graphics files; SEPA checklist and supporting documentation, notices. Public meetings (6). City Staff role: Plan review and comment, SEPA checklist review, notices review Cost Estimate Based on the scope of services, a cost estimate has been prepared that fits the request for qualifications budget range. We can modify the levels of effort based on discussions with the City. AGENDA ITEM #5. g) May 14, 2024 Renton | Parks, Recreation, and Natural Areas Plan Scope of Services 8 Task Cost Task 1: Project Kick-off & Management Kick-off Meeting* $5,548 Ongoing Coordination $14,084 Subtotal 100 $19,632 Task 2: Stakeholder & Public Engagement Public Participation Plan $7,390 Development of materials $12,830 Survey online $6,340 Outreach & engagement activities + summary $17,324 Subtotal 250 $43,884 Task 3: Mission, Vision, & Values & Goals Mission & Values Statement $2,120 Vision & Goals $3,000 Staff Workshop* $2,120 Subtotal 34 $7,240 Task 4: Asset Mapping, Facility Inventory & Plan Review Plan Review $2,480 Inventory Update $10,448 Staff Workshop* $3,304 Subtotal 84 $16,232 Task 5: Trends, Gaps & Needs Assessment Existing Conditions & LOS Analysis $5,160 Demographic & Population Trends $4,420 Recreation Trends $8,282 Gap Analysis $5,910 Staff Workshop* $4,038 Subtotal 144 $27,810 Task 6: Facilities Assessment Facilities Assessment Review Existing Data $2,064 Maintenance Review $6,472 Summary $3,246 Subtotal 76 $11,782 Task 7: Park Classifications, Suitability & Environmental Sustainability Park Classifications $6,402 Project Opportunities $8,380 AGENDA ITEM #5. g) May 14, 2024 Renton | Parks, Recreation, and Natural Areas Plan Scope of Services 9 Task Cost Sustainability Criteria and Case Studies $6,914 Staff Workshop* $3,318 Subtotal 154 $25,014 Task 8: Key Findings & Recommendations Summary of Key Findings $2,884 Subtotal 14 $2,884 Task 9: Project Prioritization Prioritization Criteria $4,950 Project List & Cost Estimates $7,736 Staff Workshop* $3,422 Subtotal 88 $16,108 Task 10: Action Planning Objectives & Performance Measures $3,000 Action Planning Chapter $10,951 Staff Workshop* $1,760 Subtotal 81 $15,711 Task 11: Funding & Financial Feasibility Funding & Feasibility Chapter $10,760 Subtotal 60 $10,760 Task 12: Plan Development & Documentation Document Preparation $11,742 Adoption Process $10,442 SEPA Documentation $3,020 Notices & Agency Review $1,040 Subtotal 132 $26,244 Total Estimated Hours 1217 Cost (Hours*Rate) $223,301 Statistically Valid Survey** $35,000 Translation, Interpretation $15,000 Project Expenses at <2% of Project Budget $1,500 Estimated Project Total $274,801 * Kickoff in person. Staff workshops may be in person or online depending on nature of the task. The budget assumes about half of the staff workshops will be online. **Opportunity: Redirect Statistically Valid Survey to other Engagement or Tasks. AGENDA ITEM #5. g) May 14, 2024 Renton | Parks, Recreation, and Natural Areas Plan Scope of Services 10 Approximate budget shares: Firm/Role Amount Share BERK $177,530 65% MxM $47,271 17% Statistically Valid Survey $35,000 13% Translation/Interpretation $15,000 5% Sum $274,801 100% AGENDA ITEM #5. g) May 14, 2024 11 Schedule A preliminary schedule is presented below. As part of Task 1 a detailed schedule will be prepared and will be monitored monthly or more frequently. AG E N D A I T E M # 5 . g ) AB - 3585 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Release of Retainage - Philip Arnold Park Playground Equipment RECOMMENDED ACTION: Council Concur DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Betsy Severtsen, Capital Projects Coordinator EXT.: 6611 FISCAL IMPACT SUMMARY: Retainage release payment for CAG-22-207 in the amount of $16,948.10. SUMMARY OF ACTION: The Parks and Recreation Department submits CAG-22-207, Philip Arnold Park Playground Replacement, for release of retainage. Work began on July 24, 2022 and was completed on August 4, 2023. The contractor, Northwest Playground Equipment, Inc., met the terms of the contract by supplying and installing playground equipment, engineered wood fiber safety surfacing, and drainage, and providing clean-up, site restoration and debris removal. EXHIBITS: A. Notice of Completion - CAG-22-207 STAFF RECOMMENDATION: Approve the project and release of retainage for CAG-22-207, in the amount of $16,948.10, upon all required lien releases from the State. AGENDA ITEM #5. h) F215-038-000 Notice of Completion of Public Works Contract 05-2020 Notice of Completion of Public Works Contract Department Use Only Assigned to Date Assigned Date Form Version Revision Reason Awarding Agency Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Prime Contractor Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Project Information Project Name Contract Number Affidavit ID Number Jobsite Address City State Zip Code Date Awarded Date Work Commenced Date Work Completed Date Work Accepted Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement Have Subcontractors been used? Yes No If yes, complete Addendum A Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No Detailed Description of Work Completed DOR Tax Information Calculated Amount Liquidated Damages Additions (+) Amount Disbursed Reductions (-) Amount Retained Sub-Total Other Sales Tax Amount Sales Tax Rate Total Total Both totals must to be equal - If multiple sales tax rates, attach a list Apprentice Utilization Information Was apprentice utilization required? Yes No Engineer’s Estimate: Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No payment shall be made from the retained funds until receipt of all release certificates and affidavits. Complete and submit for by email to all three agencies below Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 890-3499 publicworks@esd.wa.gov 02/09/2024 City of Renton 177-000-094 1055 S Grady Way Renton WA 98057 Betsy Severtsen 425-757-6657 bsevertsen@rentonwa.gov Northwest Playground Equipment Inc.601691557 PO BOX 2410 Issaquah WA 98027 Kevin Davidson 425-313-9161 kevin@nwplayground.com Philip Arnold Park CAG-22-207 1230272 720 Jones Ave S Renton WA 98057 06/16/2022 07/24/2022 08/04/2023 09/01/2023 Supplying playground equipment, installing drainage, play equipment and engineered wood fiber safety surfacing, and providing clean up, site restoration and debris removal. $342,282.40 ($3,320.40) $338,962.00 $34,235.16 $373,197.16 $0.00 $356,249.06 $16,948.10 10.1 % $373,197.16 N/A AGENDA ITEM #5. h) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020 DENALI WATER SOLUTIONS LLC 603583612 1233428 GREENTHUMB INDUSTRIES LLC 603355044 1269257 R & R CONSTRUCTION INC 601476167 1224371 Rocky Mountain Distributors 603474353 1231410 SNELL CRANE SERVICE INC 601626799 1285156 SWANSON BROTHERS CONCRETE INC 601896170 1213891 AGENDA ITEM #5. h) AB - 3558 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Agreement with Mackenzie Engineering, Inc. for City Hall First Floor Remodel RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci , Facilities Director EXT.: 425-430-6643 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $119,000.00 is available from the approved 2024 City Hall First Floor Remodel budget. There is sufficient funding in the budget to cover this agreement. The funding source is 316.220069.015.594.18.62.000. CAG-24-101 is assigned to this project. SUMMARY OF ACTION: The city desires to undertake development and evaluation of concepts for the redesign of the City Hall First Floor as well as programming services for the entire City Hall Building for future remodel projects. This professional service agreement incudes architectural and interior design performed by Mackenzie Engineering staff for the initial development of the concept floor plans and renderings. In addition to these services, Mackenzie has included Mechanical, Electrical, and Plumbing Engineering by their sub-consultants, BCE Engineers, Inc., along with cost estimating services by Wiggins Preconstruction Services. space and use programming, conceptual floor plans (3 options) that include fire, life, security assessments, and cost estimates for the options. Please see Exhibit A for the full proposal. The Schedule for the initial concepts for the First Floor anticipates completion December 31, 2025. Budget: The budget for this Professional Service Agreement is $119,000.00. The funding source for this project is GL 316.220069.015.5594.18.62.000. EXHIBITS: A. Contract STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Professional Service Agreement with Mackenzie Engineering, Inc. In the amount of $119,000.00. The work performed under this amendment that includes all design services necessary to complete the city portion of the programming and conceptual design for the City Hall (first floor) Lobby Remodel. The scope of work is focused on developing and choosing an option to move public facing departments to the lobby while eliminating the need for non-city employees to have access to floors other than the main lobby. All work is anticipated to be complete by December 31, 2024. AGENDA ITEM #5. i) March 25, 2024 City of Renton Attention: Debbie Boodell 1055 S Grady Way, Suite 600 Renton, WA 98057 Re: Renton City Hall: Lobby Remodel Project Number 2240055.00 Dear Debbie: Mackenzie appreciates this opportunity, and we are pleased to present to the City of Renton (“Client”) the following scope of services and fee proposal for design services related to the proposed lobby renovations and upgrades. We have prepared the following scope and fee proposal for professional services based upon our understanding of the need to upgrade the lobby/entrance of City Hall as employees and visitors return to entering the building. It is anticipated that our services will include architectural and interior design performed by our in-house staff for the initial development of the concept floor plans and renderings. In addition to these services, Mackenzie has included Mechanical, Electrical, and Plumbing Engineering by our sub-consultant, BCE Engineers, Inc. (Attachment B), along with cost estimating services by our sub-consultant, Wiggins Preconstruction Services (Attachment A). Our Basis of Design along with our detailed scope of services by phase is as follows: BASIS OF DESIGN The following describes in detail the elements that define the basis of our proposal. We understand that the scope of the project will be to provide space needs programming services for all departments in order to define the future space requirements. The City desires to undertake development and evaluation of concepts for the redesign of the City Hall First Floor as well as programming services for the entire City Hall Building for future remodel projects. The City would like to explore options for standard specifications of furniture, fixtures, and equipment (FF&E) for all future projects within the City Hall. Concept plans to provide space on the first Floor for the following spaces: 1.X-ray/Screening. 2.Reception counter. 3.Common Use Service Counters for Finance and Community & Economic Development. 4.Weapon Lockers. 5.Space for Electronic Home Detention application. 6.One (1) workstation for Finance and two (2) workstations for Community & Economic Development. P 206.749.9993 F 503.228.1285 W MACKENZIE.INC Logan Building, 500 Union Street, #410, Seattle, WA 98101 ARCHITECTURE INTERIORS STRUCTURAL ENGINEERING CIVIL ENGINEERING LAND USE PLANNING TRANSPORTATION PLANNING LANDSCAPE ARCHITECTURE Portland, Oregon Vancouver, Washington Seattle, Washington Exhibit A AGENDA ITEM #5. i) City of Renton Renton City Hall: Lobby Remodel Project Number 2240055.00 March 25, 2024 Page 2 7. Secure space for Finance safe. 8. Two (2) conference rooms (sized for four to six (4-6) people). 9. Two (2) courtrooms (seating for 80) with jury deliberation space and dedicated restroom. 10. Council Chambers (seating for 70, space could be combined with courtroom and used for larger conference space). 11. Police department reception. 12. Cafe retail space. 13. Permitting intake. 14. Utility and licensing payments. 15. File police reports and traffic fine payments. SCOPE OF SERVICES PreDesign Time Duration: 12-14 Weeks Provide PreDesign documents based on the mutually agreed-upon program and schedule. The PreDesign documents shall establish the conceptual design of the project illustrating the scale and relationship of the project components. Programming shall include: 1. Meeting – Core Team: Conduct one (1) project kickoff meeting at Client’s office to initiate the Programming Phase. Design team attendance will include Mackenzie. This meeting will serve as: A. A project initiation meeting to introduce the team with point of contact, communication flow, project tasks, and process. B. Review of the developed preliminary project schedule. Major milestone dates, preliminary meeting targets, and next steps will be reviewed and identified. C. Baseline budget/estimate establishment. Review of the existing project scope understanding, phasing, and initial budget baseline for the project will be discussed, which will outline early anticipated Hard and Soft Costs for the project. At the conclusion of the meeting, a baseline MACC target for the project will be established and utilized in subsequent discussions to guide project scope, programming, and overall budget alignment. D. Minutes for this meeting will be prepared by Mackenzie. 2. Discovery: Provide up to one (1) discovery session with Client and the key Client stakeholder group (via Client’s office) to establish a thorough understanding of the project vision, goals, and objectives, and allow for initial staff engagement. We will facilitate dialogue with staff to identify opportunities, challenges, and big picture goals for the project. This meeting is anticipated to lead into programming and can occur as a standalone meeting or just prior to programming workshops. Mackenzie will facilitate the meeting. 3. Meeting – Core Team and Key Stakeholders: Provide up to 12 one-hour workshops (one (1) per department at Client’s office) with Client-identified key staff for program interviews. We will issue a program questionnaire in advance of the programming workshop and facilitate review of the building components in detail, including: confirmation/refinement of program elements and their relative size and space needs; support and shared space requirements; preliminary adjacencies; and orientation on the site. Design team attendance will include Mackenzie. 4. Programming: Based on the programming workshop, develop program document and visioning summary to capture information from initial discovery session and staff interviews. The programming document will encompass staffing and program needs for existing, immediate, near-term, and growth for a 20-year projection. AGENDA ITEM #5. i) City of Renton Renton City Hall: Lobby Remodel Project Number 2240055.00 March 25, 2024 Page 3 Space allocations will include space sizes, quantities, and unique requirements specific to individual needs. A draft program will be released for Client review. Up to one (1) Client review meeting with Jeff Minisci and Debbie Boodell. 5. Existing Building As-Builts: Site verify the existing building and field verify measurements for preparation of electronic BIM (Revit) model. An electronic BIM (Revit) model will be required for planning, further design development, and construction documents for the project. Site measurements and documentation to include observable and accessible locations. All unobservable or inaccessible locations will utilize existing available as- built or permit drawings to infer built conditions. 6. Stacking Plans: Content developed during programming and discovery will be utilized to perform initial stacking plans to inform program feasibility (i.e., block diagrams of department assignments to each floor) and to inform the pre-design cost estimate. A revised program and stacking analysis will be issued to the cost estimator for pre- design estimating. Concurrently, content will be issued to Client for review and comment at the subsequent meeting. 7. Meeting – Core Team: Meet once (1) with the Core Team with Client (at Client’s office) to review the final draft program and Stacking Plans. Provide one (1) revision for final Client approval. Design team attendance will include Mackenzie. Concept Design shall include: 1. Meeting – Core Team: Provide one (1) kickoff meeting at Client’s office to initiate the Concept Phase. 2. Conceptual Floor Plans: Develop up to three (3) conceptual floor plans (to include preliminary exiting and fire/life/safety review) and update up to two (2) interior renderings and one (1) exterior rendering to assist in communication of ideas to finance and stakeholders. A. Options to include: I. Temporary solution to provide space for finance and Community & Economic Development on the first floor. II. Minimal floor plan adjustments which will keep entrance in current location but provide space for five (5) common use customer service counters. III. Concept plan to relocate entry to south side of building; court and City council to first floor; server room and police to north side of first floor; Equity, Housing & Human Services to third floor; and IT space to third floor. 3. Meeting – Core Team: Meet at Client’s office to review concept designs. Provide one (1) revision for final Client approval. 4. Cost Estimating: Provide project cost estimate of probable construction costs, consultant costs, and Owner costs. A. Meet via teleconference to review and approve the cost estimate and cost estimate. B. No revisions to documents have been included in this phase as a result of cost estimates. Any value engineering as a result of the cost estimate will be an additional service. FEE SUMMARY Our fixed fees for the disciplines and related design services described above are as follows: AGENDA ITEM #5. i) City of Renton Renton City Hall: Lobby Remodel Project Number 2240055.00 March 25, 2024 Page 4 PreDesign Programming: $55,400 Concept Design: $53,400 Cost Estimating: $10,200 TOTAL: $119,000 Reimbursable expenses (printing, copying, deliveries, ride share vehicles, application-based transportation, mileage, etc.) are not included in the fee outlined above and will be invoiced at 1.12 cost. ASSUMPTIONS Please review and notify Mackenzie if Client believes that any of the Assumptions listed here are either inaccurate or unreasonable prior to project commencement. Please also notify Mackenzie if any additional clarity is needed for the Client to fully understand these Assumptions. In addition to the Scope of Services outlined above, we have assumed the following: 1. Client-Provided Consultant Services 1.a. Scope and fee are based on Client not hiring a third party Client Representative to act on their behalf during any phase(s) of the project. If a third-party PM is hired by the Client, Mackenzie reserves the right to estimate scope and fee impacts that will result in additional services. 2. Scope of Service Acknowledgements 2.a. Fees are based on the estimated schedule duration as defined in phases above. If phase duration(s) are increased for any reason, we will need to assess and address those impacts in terms of scope, fee, and/or schedule as necessary via additional services. 2.b. Subject to the applicable Standard of Care, Mackenzie will design the Project in accordance with applicable laws, including current Federal ADA Accessibility Standards and as required by the Authority Having Jurisdiction (AHJ) for Building Permit per the AHJ’s current edition of the governing building code, and by reference therein ANSI ICC/A117.1 (“Building Code”) for new construction. Notwithstanding the foregoing sentence, the Client acknowledges that various governmental codes and regulations, including without limitation the ADA and FHA, are subject to varying and sometimes contradictory interpretation and that the ADA is not a detailed building code. In the case of such conflicts or differing interpretations, Mackenzie will notify the Client thereof and will endeavor to design to the most stringent interpretation acceptable to the AHJ. 2.c. All meetings will occur at Client’s office unless specifically noted otherwise within the Scope of Services outlined above. 3. Existing Conditions 3.a. Building/Site Renovation: Mackenzie will work with the Client to align on the Client’s program for the Project, including goals and objectives, and will develop the design in accordance with applicable codes and laws, subject to and in accordance with the applicable standard of care. Client acknowledges that Projects involving additions and remodels of existing sites/buildings (compared to new construction) create more uncertainty and subjectivity as to code and law interpretation and increases the chance that applicable agencies will have differing interpretations that might require redesign services. Such agency interpretations AGENDA ITEM #5. i) City of Renton Renton City Hall: Lobby Remodel Project Number 2240055.00 March 25, 2024 Page 5 may not be made known until the Construction Documents and/or Plan Check phase of the Project. Accordingly, Client acknowledges and agrees that Mackenzie expressly excludes any services necessary to address these types of differing code and law interpretation issues from Mackenzie’s Scope of Services, and that such services (including any necessary redesign services) will, upon Client’s approval, be performed by Mackenzie as an additional service. 3.b. Conditions not depicted on available existing site and/or building documents, provided by the Client, or readily visible on project walkthroughs are excluded. Such impacts will be evaluated at the time of discovery and addressed via additional services as necessary. 3.c. Mackenzie will rely on Client-provided existing facilities information for project, including but not limited to type of construction, building area, occupancy classification, and other such parameters affecting design, construction documents, and permitting. 3.d. Based upon our limited initial understanding of the project, it does not appear that a seismic upgrade will be required to the existing facilities as triggered by code or other jurisdictional requirements. These triggers typically include, but are not limited to, change of use/occupancy classification or modification to existing structural systems. Should it be determined throughout the course of the project that a seismic upgrade is required, such as through further understanding of the program, code analysis, or feedback from the authority having jurisdiction, those impacts will be evaluated and added as additional services. 4. Client and Jurisdiction Approvals 4.a. The Client will approve the Documents at the conclusion of each phase prior to proceeding with the next phase. Redesign efforts after prior Client approvals, including but not limited to Client-driven design modifications, value engineering, cost reduction alternatives to the approved design, or other such changes, will be provided as an additional service, with scope, schedule, and fees to be evaluated on a case-by-case basis. 5. Standard Design Items 5.a. Square footage calculations will be provided as required to confirm compliance with building and zoning code requirements only. 6. Unique Design Services 6.a. The Client will not be pursuing sustainability certification for the project (i.e. LEED, Green Globes, WELL, etc.). 7. Graphics/BIM 7.a. Mackenzie will utilize Revit as the documentation platform for the project. Our proposed scope/fee is based on the Revit model Level of Development (LOD) of 200 - 300 as necessary for Mackenzie to facilitate design and produce Construction Documents. We anticipate that Client consultants/vendors will also utilize Revit for their documentation, will be responsible for modeling and detailing their respective components, and will comply with Mackenzie’s expectations for document control standards. Mackenzie will develop the base model file and provide it to the consultant team for coordination. 7.b. Regardless of level of Revit Model Level of Development (LOD) and anticipated and/or non-anticipated use by the Client, Client’s consultants, vendors, General Contractor and/or any other third party not the original AGENDA ITEM #5. i) City of Renton Renton City Hall: Lobby Remodel Project Number 2240055.00 March 25, 2024 Page 6 author of the Revit model and data contained therein; with or without Mackenzie’s knowledge, nothing in the Revit model supersedes the formally issued stamped and signed hard copy Construction Documents. 8. Expenses/Billing 8.a. Client is responsible for all fees paid to public bodies having jurisdiction over the project. 9. Mackenzie Consultant Services 9.a. For additional Assumptions related to the Scope of Services of our retained consultants, refer to their attached proposals. EXCLUSIONS Please review and notify Mackenzie if Client believes that any of the Exclusions listed here are to be included in Mackenzie’s Scope of Services prior to project commencement. Please also notify Mackenzie if any clarity is needed for the Client to fully understand these Exclusions. In addition to any Exclusions outlined within the proposal above, we have also excluded the following from our proposed scope of services. Although excluded from our services these may be required to be provided by Client for execution of the project. 1. Client-Provided Consultant Services 1.a. Hazardous materials mitigation design. 1.b. Coordination of Client-provided consultants not identified at the date of this proposal. 2. Standard Design Items 2.a. Square footage calculations beyond those required to confirm compliance with building and zoning code requirements. (Calculation of gross, net, and rentable square footages, such as BOMA calculations, are not included). 2.b. Any redesign efforts, including any revisions to the Documents, related to value engineering (VE) or other process(es) to reduce the construction cost (estimated, bid or actual) of the Work from that which is depicted in the Documents. Any redesign and subsequent revision to the Documents related to VE or other processes to reduce the construction cost (estimated, bid or actual) of the Work, shall be via Additional Services Agreement approved by Client in writing prior to the execution of such services by Mackenzie and/or our consultants. 3. Other Design Disciplines 3.a. Traffic Engineering, Planning, Analysis. 3.b. Acoustical engineering design and/or services. 4. Unique Design Services 4.a. Vibration analysis and design. (Equipment and/or sources other than footfall impact.) 4.b. Design of seismic bracing, anchorage, or support for equipment or racking systems. 4.c. Graphics and/or signage design, permitting, and related coordination. 4.d. Sustainability Certification Services. AGENDA ITEM #5. i) City of Renton Renton City Hall: Lobby Remodel Project Number 2240055.00 March 25, 2024 Page 7 5. Graphics/BIM 5.a. Presentation-level 3D renderings other than conceptual studies to describe design intent or as utilized as part of Mackenzie's design process unless specifically noted within our Scope of Services above. 5.b. Marketing materials. 5.c. No Navisworks files or Clashing will be provided or performed. Deliverables shall be PDF and/or hardcopy only. (Revit model RVT files and DWG exports will not be provided.) Revit models and sheets will be created to Mackenzie standards. 5.d. No formal BIM Execution Plan will be provided. Nothing in the Revit model supersedes the formally issued stamped and signed hard copy Construction Documents. 5.e. Use of CAD Drawings or BIM models by any parties other than the design team. 6. Expenses/Billing 6.a. Reimbursable expenses. 6.b. Special billing requirements required by Client outside of Mackenzie's standard billing procedures. It is our understanding the project will start the first week of April. Please note that this proposal is valid for 90 days. We look forward to working with the City of Renton on this new project. If you need additional information or have any questions, please do not hesitate to call. Sincerely, Kim Doyle Brett Hanson Project Manager Principal in Charge Enclosure(s): Attachment A – BCE Engineers Proposal dated March 22, 2024 Attachment B – Wiggins Preconstruction Services Proposal dated March 19, 2024 Attachment C – Reimbursable Rates Schedule AGENDA ITEM #5. i) Attachment A - Page 1 of 2AGENDA ITEM #5. i) Attachment A - Page 2 of 2AGENDA ITEM #5. i) Kim Doyle Mackenzie March 19th 2024 Dear Kim, Thank you for including Wiggins Preconstruction Services on this important project. Below you will find a fee proposal for proving cost estimating services for the Renton City Hall – Lobby Renovation Concept(s) Study Estimate Level: Conceptual (3 options) Scope Hours Rate Ext. Project Management, Meetings, Site Visit 8 $165.00 $1,320 Architectural and Misc. Structural Cost Estimating 20 $165.00 $3,300 Mechanical & Electrical Cost Estimating 8 $165.00 $1,320 Estimate Presentation & Adjustments 4 $165.00 $660 *Fee Total: $6,600 *Estimating fees exclude the following Fees include all expenses Fees are for construction cost estimating only. Soft costs estimating is excluded Respectfully, Matt Wiggins Principal Wiggins Preconstruction Services M 360.870.5100 E mattw@wigginsprecon.com Attachment BAGENDA ITEM #5. i) O:\WP\WP Library\ADMIN-GENERAL OFFICE\Rate and Reimbursable Schedules\Reimbursables-SEA.docx April 2018 REIMBURSABLE CHARGES Mackenzie will charge the following standard, cost-based rates for in-house reimbursable items listed below: IN-HOUSE PRINTING Scanning – Black & White Small Format: $0.25/sheet (8-1/2 x 11 - 11 x 17) Large Format: $1.00/sheet (Including Half Size) Scanning – Color Small Format: $0.50/sheet (8-1/2 x 11 - 11 x 17) Large Format: $3.00/sheet (Including Half Size) Printing/Copying – All Sizes Black & White: $0.21/sq. ft. Full Color: $4.00/sq. ft. Fax Local: $1.00/sheet Long distance: $1.30/sheet OTHER IN-HOUSE REIMBURSABLE ITEMS Check Generation Fee $25.00 Automobile Mileage Billed according to IRS guidelines Delivery Service Fixed rates: $7.75 to $54.40 (depending on mileage) Data Supplies CD documentation: $15.00 DVD documentation: $30.00 Report Binder Without tabs: $3.00/book With tabs: $4.00/book Foamcore: $4.25/sheet Attachment CAGENDA ITEM #5. i) AGREEMENT FOR ARCHITECTURAL SERIVCES CITY HALL - REMODEL THIS AGREEMENT, dated for reference purposes only as , 2024 is by and between the City of Renton (the “City”), a Washington municipal corporation, and Mackenzie, Inc. (“Consultant”). The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1.Scope of Work: Consultant agrees to provide programming, conceptual floor plans that include fire, life, and safety review, and cost estimating as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than December 31, 2024. 4.Compensation: A.Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $119,000.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B.Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all AGENDA ITEM #5. i) PAGE 2 OF 10 Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5.Termination: A.The City reserves the right to terminate this Agreement at any time, with or w ithout cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B.In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6.Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance AGENDA ITEM #5. i) PAGE 3 OF 10 with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7.Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9.Independent Contractor Relationship: A.The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not AGENDA ITEM #5. i) PAGE 4 OF 10 employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant , except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial AGENDA ITEM #5. i) PAGE 5 OF 10 Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12.City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13.Insurance: Consultant shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence and agregate of $1,000,000. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. AGENDA ITEM #5. i) PAGE 6 OF 10 E.Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to lim it the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F.Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G.Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14.Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16.Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return recei pt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Debbie Boodell, Capital Project Coordinator 1055 South Grady Way Renton, WA 98057 Phone: (206)556-5026 E-mail Address: dboodell@rentonwa.gov CONSULTANT Kim Doyle, Project Manager 500 Union Street, #410 Seattle, WA 98101 Phone: (206) 749-9993 E-mail Address: kdoyle@mcknze.com AGENDA ITEM #5. i) PAGE 7 OF 10 17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A.Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If the Consultant fails to comply with any of this Agreement’s non -discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D.The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18.Miscellaneous: The parties hereby acknowledge: A.The City is not responsible to train or provide training for Consultant. B.Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C.Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D.In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform AGENDA ITEM #5. i) PAGE 8 OF 10 the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F.Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G.Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19.Other Provisions: A.Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B.General Administration and Management. The City’s project manager is Debbie Boodell. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D.Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the AGENDA ITEM #5. i) PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full fo rce and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #5. i) PAGE 10 OF 10 N.Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Brett Hansen Principle in Charge _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 5/21/2021 do 4/15/2024 AGENDA ITEM #5. i) AB - 3561 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Ivar’s Inc. Concession Services Addendum 2 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci , Facilities Director EXT.: 425-430-6643 FISCAL IMPACT SUMMARY: The City will receive an annualized rent of $110,000 and 12% of net sales above 1.1million plus Leasehold Excise Tax in the amount of 12.84% of the rent for the next five (5) years. SUMMARY OF ACTION: A new five-year contract addendum (CAG-14-084) with Ivar’s Inc. The concessionaire will provide concession services in the Gene Coulon Memorial Beach Park located at 1201 Lake Washington Blvd. Terms of the lease: Five (5) year contract addendum 2 effective April 7, 2024, to April 30, 2029. Specific language added to Exhibit E-2. “City of Renton will notify Concessionaire in writing when maintenance methods are not followed or need updating.” Annualized rent will be $110,000 and 12% of net sales above $1.1 million plus Leasehold Excise Tax in the amount of 12.8% of the rent. EXHIBITS: A. Contract CAG-14-084 Addendum 2 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to Execute the 5-year contract addendum with Ivar’s Inc. At Gene Coulon Memorial Beach Park, effective April 7, 2024, to April 30, 2029, in the amount of $110,000.00 and 12% net of sales above 1.1million plus Leasehold Excise Tax in the amount of 12.84% of the rent annually. AGENDA ITEM #5. j) AGENDA ITEM #5. j) AGENDA ITEM #5. j) AGENDA ITEM #5. j) AGENDA ITEM #5. j) AGENDA ITEM #5. j) AGENDA ITEM #5. j) AB - 3563 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: New Lease with Brinton Business Ventures, INC. DBA Evergreen Refreshments RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci, Facilities Director EXT.: 6643 FISCAL IMPACT SUMMARY: The city will receive a monthly rent of $56.94 plus Leasehold Excise Tax of 12.84% in the amount of $7.31 for a total monthly rent of $64.25. SUMMARY OF ACTION: A new two-year lease(LAG-24-004) with Brinton Business Ventures INC DBA Evergreen Refreshments. The concessionairewill provide concession services to Renton Police Department located in city hall first floor. Terms of the lease: Two (2) year lease effective June 1, 2024, to May 31, 2026. Monthly rent will be $56.94 plus Leasehold Excise Taxin the amount of $7.31 for a total rent of $64.25. Concessionaire agrees to furnish: 1. Reach-in cold beverage cooler(s). 2. Reach-in HYBRID food/freezer cooler for sandwiches, fruit, yogurt, salads, and frozen selections. 3. Shelving and other displays for dry goods, personal care items, groceries, and snacks. 4. Self-checkout kiosk with cellular internet connection. The cellular provider should be Verizon for the strongest signal. EXHIBITS: A. Lease LAG-24-004 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute theleasewith Brinton Business Ventures, Inc dba Evergreen Refreshments for 2 years, effective June 1, 2024, to May 31, 2026, in the amount of $56.94 per month plus State Leasehold Excise Tax of 12.84% in the amount of $7.31 for a total monthly rent of $64.25. AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Alaska National Insurance Company Hanover Insurance Company 2/07/2024 USI Insurance Services NW CL 601 Union Street, Suite 1000 Seattle, WA 98101 Janelle Beauchemin 206 441-6300 610-362-8530 Janelle.Beauchemin@usi.com Brinton Business Ventures, Inc. DBA Evergreen Refreshments 1217 SW 7th Street, Suite 110 Renton, WA 98057 38733 22292 A X X X X 23LLS12846 12/18/2023 12/18/2024 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X X 23LAS12846 12/18/2023 12/18/2024 1,000,000 A X X X 10000 23LLU12846 12/18/2023 12/18/2024 5,000,000 5,000,000 A Y 24BWS12846 02/28/2024 02/28/2025 1,000,000 1,000,000 1,000,000 A B Commercial Prop Crime 23LOP12846 BD2J29043800 12/18/2023 01/22/2023 12/18/2024 01/22/2026 $1,000,000 No Retention $250,000 The certificate holder is additional insured per Blanket Additional Insured; Primary and Non-Contributory and Waiver of Subrogation forms. City of Renton Attn: Lori Lohman, CAP PW/Facilities 1055 South Grady Way Renton, WA 98057 1 of 1 #S43550889/M43547241 BRINTBUSClient#: 2003679 MRGZP 1 of 1 #S43550889/M43547241 AGENDA ITEM #5. k) This page has been left blank intentionally. AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) Payment Card Industry Data Security Standard Attestation of Compliance for Report on Compliance – Service Providers Version 4.0 Revision 1 Publication Date: December 2022 AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page i PCI DSS v4.0 Attestation of Compliance for Report on Compliance – Service Providers Entity Name: 365 Retail Markets dba 365 Retail Markets LLC Assessment End Date: 26-Jan-2024 Date of Report as noted in the Report on Compliance: 07-Feb-2024 AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 1 Section 1 Assessment Information Instructions for Submission This Attestation of Compliance (AOC) must be completed as a declaration of the results of the service provider’s assessment against the Payment Card Industry Data Security Standard (PCI DSS) Requirements and Testing Procedures (“Assessment”). Complete all sections. The service provider is responsible for ensuring that each section is completed by the relevant parties, as applicable. Contact the entity(ies) to which this AOC will be submitted for reporting and submission procedures. This AOC reflects the results documented in an associated Report on Compliance (ROC). Associated ROC sections are noted in each AOC Part/Section below. Capitalized terms used but not otherwise defined in this document have the meanings set forth in the PCI DSS Report on Compliance Template. Part 1. Contact Information Part 1a. Assessed Entity (ROC Section 1.1) Company name: 365 Retail Markets DBA (doing business as): 365 Retail Markets LLC Company mailing address: 1743 Maplelawn Dr. Troy, MI 48084 Company main website: www.365retailmarkets.com Company contact name: Syed Umair Azim Company contact title: Compliance Officer Contact phone number: 888.365.6282 Contact e-mail address: syed.azim@365smartshop.com Part 1b. Assessor (ROC Section 1.1) Provide the following information for all assessors involved in the Assessment. If there was no assessor for a given assessor type, enter Not Applicable. PCI SSC Internal Security Assessor(s) ISA name(s): Not Applicable Qualified Security Assessor Company name: Dara Security Company mailing address: 10580 N. McCarran Blvd. #115-337 Reno NV 89503 Company website: www.darasecurity.com Lead Assessor name: Barry Johnson Assessor phone number: 775.622.5386 Assessor e-mail address: barryj@darasecurity.com AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 2 Assessor certificate number: 040-001 Part 2. Executive Summary Part 2a. Scope Verification Services that were INCLUDED in the scope of the Assessment (select all that apply): Name of service(s) assessed: MicroMarket, Vending, & Food Service Technology Type of service(s) assessed: Hosting Provider: Applications / software Hardware Infrastructure / Network Physical space (co-location) Storage Web-hosting services Security services 3-D Secure Hosting Provider Multi-Tenant Service Provider Other Hosting (specify): Managed Services: Systems security services IT support Physical security Terminal Management System Other services (specify): Payment Processing: POI / card present Internet / e-commerce MOTO / Call Center ATM Other processing (specify): Account Management Fraud and Chargeback Payment Gateway/Switch Back-Office Services Issuer Processing Prepaid Services Billing Management Loyalty Programs Records Management Clearing and Settlement Merchant Services Tax/Government Payments Network Provider Others (specify): MicroMarket, Vending, & Food Service Technology Note: These categories are provided for assistance only and are not intended to limit or predetermine an entity’s service description. If these categories do not apply to the assessed service, complete “Others.” If it is not clear whether a category could apply to the assessed service, consult with the entity(ies) to which this AOC will be submitted. AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 3 Part 2a. Scope Verification (continued) Services that are provided by the service provider but were NOT INCLUDED in the scope of the Assessment (select all that apply): Name of service(s) not assessed: Not Applicable Type of service(s) not assessed: Hosting Provider: Applications / software Hardware Infrastructure / Network Physical space (co-location) Storage Web-hosting services Security services 3-D Secure Hosting Provider Multi-Tenant Service Provider Other Hosting (specify): Managed Services: Systems security services IT support Physical security Terminal Management System Other services (specify): Payment Processing: POI / card present Internet / e-commerce MOTO / Call Center ATM Other processing (specify): Account Management Fraud and Chargeback Payment Gateway/Switch Back-Office Services Issuer Processing Prepaid Services Billing Management Loyalty Programs Records Management Clearing and Settlement Merchant Services Tax/Government Payments Network Provider Others (specify): Provide a brief explanation why any checked services were not included in the Assessment: Part 2b. Description of Role with Payment Cards (ROC Section 2.1) Describe how the business stores, processes, and/or transmits account data. 365 Retail Markets designs and implements turnkey, unattended and highly automated MicroMarket self- checkout solutions. The 365 Kiosk and companion V5 application is the centerpiece of the growing MicroMarket Industry. Born out of the need for better workplace food service and convenience options, vending machine operators have quickly gravitated toward offering the open-air, small convenience store model of a MicroMarket. The 365 Kiosk and application allow employees to quickly scan a product they have selected, tap, insert, or swipe a credit card and be back at their desks within minutes without leaving the workplace. Operators typically offer around 300 AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 4 products from bottled beverages to greeting cards. This means that as an employer, you can create a company themed MicroMarket to further emphasize your commitment to providing employees with a market leading alternative to vending machines. At the heart o f the MicroMarket is the 365 Kiosk payment center where the customer scans and pays for their items. The 365 Kiosk can be configured in multiple ways, including a cash or no-cash dispensing option. The Kiosk can be branded for any environment. All devices on the V5 platform including the MM6 Kiosk, Gen3 Kiosk, PicoMarket, PicoCooler, PicoVend, PayPlus, and 365Dining POS ,utilize a secure E2EE (End-to-End Encrypted) or P2PE (Point-to-Point Encrypted) direct real-time connection to the card processor when items are checked out. The transactions are card present or contactless EMV, with no cardholder data stored for later use. Transactions are needed to complete purchase of items from the self-service, stand-alone, kiosks and mini-retail shops where 365 Retail Markets provide their services. All data is encrypted by the card reader at time of card swipe, 365 Retail Markets does not have access to the encryption keys and cannot decrypt this encrypted cardholder data. This dramatically reduces the scope as 365 Retail Markets does not store, processes and/or transmit (PAN data encrypted during transmission, but 365 Retail Markets does not have access to keys – hence not in scope). 365Pay mobile application utilizes Heartland Payment Systems PCI DSS certified Heartland SecureSubmit backend solution for e-commerce transactions. The web version of 365Pay is mymarketaccount.net which utilized the Heartland Payment Systems PCI DSS certified Heartland Portico Describe how the business is otherwise involved in or has the ability to impact the security of its customers’ account data. Entity is not exposed to clear-text CHD. All CHD is collected by the POI device deployed within the kiosk and encrypted by the POI device. This information is sent directly to the processor for payment processing. Upon completion of processing the truncated PAN is provided to the 365 Retail backend environment along with results of the transaction request. Describe system components that could impact the security of account data. Kiosks and servers supporting the solution. Part 2c. Description of Payment Card Environment Provide a high-level description of the environment covered by this Assessment. For example: • Connections into and out of the cardholder data environment (CDE). Assessment addressed all system components within the CDE to include database servers, application servers, and web servers. Assessment covered connection to payment processors and development of the software used by entity in delivery of their services. Assessment also assessed implemented AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 5 • Critical system components within the CDE, such as POI devices, databases, web servers, etc., and any other necessary payment components, as applicable. • System components that could impact the security of account data. policies and procedures governing security and PCI DSS compliance. Indicate whether the environment includes segmentation to reduce the scope of the Assessment. (Refer to the “Segmentation” section of PCI DSS for guidance on segmentation) Yes No Part 2d. In-Scope Locations/Facilities (ROC Section 4.6) List all types of physical locations/facilities (for example, corporate offices, data centers, call centers and mail rooms) in scope for this Assessment. Facility Type Total Number of Locations (How many locations of this type are in scope) Location(s) of Facility (city, country) Example: Data centers 3 Boston, MA, USA Corporate office 1 Troy MI USA Data Center 1 AWS Data Center AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 6 Part 2e. PCI SSC Validated Products and Solutions (ROC Section 3.3) Does the entity use any item identified on any PCI SSC Lists of Validated Products and Solutions*? Yes No Provide the following information regarding each item the entity uses from PCI SSC's Lists of Validated Products and Solutions: Name of PCI SSC- validated Product or Solution Version of Product or Solution PCI SSC Standard to which Product or Solution Was Validated PCI SSC Listing Reference Number Expiry Date of Listing YYYY-MM-DD YYYY-MM-DD YYYY-MM-DD YYYY-MM-DD YYYY-MM-DD YYYY-MM-DD * For purposes of this document, ”Lists of Validated Products and Solutions” means the lists of validated products, solutions, and/or components, appearing on the PCI SSC website (www.pcisecuritystandards.org) (for example, 3DS Software Development Kits, Approved PTS Devices, Validated Payment Software, Payment Applications (PA-DSS), Point to Point Encryption (P2PE) solutions, Software-Based PIN Entry on COTS (SPoC) solutions, and Contactless Payments on COTS (CPoC) solutions). AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 7 Part 2f. Third-Party Service Providers (ROC Section 4.4) For the services being validated, does the entity have relationships with one or more third - party service providers that: • Store, process, or transmit account data on the entity’s behalf (for example, payment gateways, payment processors, payment service providers (PSPs, and off-site storage)) Yes No • Manage system components included in the entity’s Assessment (for example, via network security control services, anti-malware services, security incident and event management (SIEM), contact and call centers, web-hosting companies, and IaaS, PaaS, SaaS, and FaaS cloud providers) Yes No • Could impact the security of the entity’s CDE (for example, vendors providing support via remote access, and/or bespoke software developers). Yes No If Yes: Name of Service Provider: Description of Services Provided: Amazon Web Services Data Center Provider Heartland Payment Systems Apriva LLC Ayden FreedomPay Worldine Nayax Processors Note: Requirement 12.8 applies to all entities in this list. AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 8 Part 2g. Summary of Assessment (ROC Section 1.8.1) Indicate below all responses provided within each principal PCI DSS requirement. PCI DSS Requirement Requirement Finding More than one response may be selected for a given requirement. Indicate all responses that apply. Select If Below Method(s) Was Used In Place Not Applicable Not Tested Not in Place Customized Approach Compensating Controls Requirement 1: Requirement 2: Requirement 3: Requirement 4: Requirement 5: Requirement 6: Requirement 7: Requirement 8: Requirement 9: Requirement 10: Requirement 11: Requirement 12: Appendix A1: Appendix A2: AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 9 Section 2 Report on Compliance (ROC Sections 1.2 and 1.3.2) Date Assessment began: Note: This is the first date that evidence was gathered, or observations were made. 2023-12-01 Date Assessment ended: Note: This is the last date that evidence was gathered, or observations were made. 2024-01-26 Were any requirements in the ROC unable to be met due to a legal constraint? Yes No Were any testing activities performed remotely? If yes, for each testing activity below, indicate whether remote assessment activities were performed: Yes No • Examine documentation Yes No • Interview personnel Yes No • Examine/observe live data Yes No • Observe process being performed Yes No • Observe physical environment Yes No • Interactive testing Yes No • Other: Yes No AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 10 Section 3 Validation and Attestation Details Part 3. PCI DSS Validation (ROC Section 1.7) This AOC is based on results noted in the ROC dated (Date of Report as noted in the ROC 2024-02-07). Indicate below whether a full or partial PCI DSS assessment was completed: Full Assessment – All requirements have been assessed and therefore no requirements were marked as Not Tested in the ROC. Partial Assessment – One or more requirements have not been assessed and were therefore marked as Not Tested in the ROC. Any requirement not assessed is noted as Not Tested in Part 2g above. Based on the results documented in the ROC noted above, each signatory identified in any of Parts 3b-3d, as applicable, assert(s) the following compliance status for the entity identified in Part 2 of this document (select one): Compliant: All sections of the PCI DSS ROC are complete, and all assessed requirements are marked as being either In Place or Not Applicable, resulting in an overall COMPLIANT rating; thereby 365 Retail Markets has demonstrated compliance with all PCI DSS requirements except those noted as Not Tested above. Non-Compliant: Not all sections of the PCI DSS ROC are complete, or one or more requirements are marked as Not in Place, resulting in an overall NON-COMPLIANT rating; thereby (Service Provider Company Name) has not demonstrated compliance with PCI DSS requirements. Target Date for Compliance: YYYY-MM-DD An entity submitting this form with a Non-Compliant status may be required to complete the Action Plan in Part 4 of this document. Confirm with the entity to which this AOC will be submitted before completing Part 4. Compliant but with Legal exception: One or more assessed requirements in the ROC are marked as Not in Place due to a legal restriction that prevents the requirement from being met and all other assessed requirements are marked as being either In Place or Not Applicable, resulting in an overall COMPLIANT BUT WITH LEGAL EXCEPTION rating; thereby (Service Provider Company Name) has demonstrated compliance with all PCI DSS requirements except those noted as Not Tested above or as Not in Place due to a legal restriction. This option requires additional review from the entity to which this AOC will be submitted. If selected, complete the following: Affected Requirement Details of how legal constraint prevents requirement from being met AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 11 Part 3a. Service Provider Acknowledgement Signatory(s) confirms: (Select all that apply) The ROC was completed according to PCI DSS, Version 4.0 and was completed according to the instructions therein. All information within the above-referenced ROC and in this attestation fairly represents the results of the Assessment in all material respects. PCI DSS controls will be maintained at all times, as applicable to the entity’s environment. Part 3b. Service Provider Attestation Signature of Service Provider Executive Officer Date: Service Provider Executive Officer Name: Title: Part 3c. Qualified Security Assessor (QSA) Acknowledgement If a QSA was involved or assisted with this Assessment, indicate the role performed: QSA performed testing procedures. QSA provided other assistance. If selected, describe all role(s) performed: Signature of Lead QSA Date: Lead QSA Name: Barry Johnson Signature of Duly Authorized Officer of QSA Company Date: Duly Authorized Officer Name: Barry Johnson QSA Company: Dara Security Part 3d. PCI SSC Internal Security Assessor (ISA) Involvement If an ISA(s) was involved or assisted with this Assessment, indicate the role performed: ISA(s) performed testing procedures. ISA(s) provided other assistance. If selected, describe all role(s) performed: 07-Feb-2024 07-Feb-2024 VP - PMO, IT, SecurityChad Young 2/7/2024 AGENDA ITEM #5. k) PCI DSS v4.0 Attestation of Compliance for Report on Compliance - Service Providers r1 December 2022 © 2006 - 2022 PCI Security Standards Council, LLC. All rights reserved. Page 12 Part 4. Action Plan for Non-Compliant Requirements Only complete Part 4 upon request of the entity to which this AOC will be submitted, and only if the Assessment has Non-Compliant results noted in Section 3. If asked to complete this section, select the appropriate response for “Compliant to PCI DSS Requirements” for each requirement below. For any “No” responses, include the date the entity expects to be compliant with the requirement and provide a brief description of the actions being taken to meet the requirement . PCI DSS Requirement Description of Requirement Compliant to PCI DSS Requirements (Select One) Remediation Date and Actions (If “NO” selected for any Requirement) YES NO 1 Install and maintain network security controls 2 Apply secure configurations to all system components 3 Protect stored account data 4 Protect cardholder data with strong cryptography during transmission over open, public networks 5 Protect all systems and networks from malicious software 6 Develop and maintain secure systems and software 7 Restrict access to system components and cardholder data by business need to know 8 Identify users and authenticate access to system components 9 Restrict physical access to cardholder data 10 Log and monitor all access to system components and cardholder data 11 Test security systems and networks regularly 12 Support information security with organizational policies and programs Appendix A1 Additional PCI DSS Requirements for Multi- Tenant Service Providers Appendix A2 Additional PCI DSS Requirements for Entities using SSL/early TLS for Card- Present POS POI Terminal Connections AGENDA ITEM #5. k) AB - 3594 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Local Agency Agreement with the Washington State Department of Transportation for the South 7th Street Corridor Improvements Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Keith Woolley, Design Projects Manager EXT.: 7318 FISCAL IMPACT SUMMARY: The Transportation Systems Division was awarded funding through the Puget Sound Regional Council (PSRC) for construction of the South 7th Street Corridor Improvements project (TIP #23-23) in the amount of $1,669,020. This includes a $1,450,000 Surface Transportation Block Grant (STBG) and $219,020 in supplemental funding. Local funds in the amount of $515,000 have already been assigned to the project to satisfy the required grant match amount. The total Construction cost estimate is $2,668,930 and is funded by the federal grants, a state Transportation Improvement Board (TIB) grant of $187,000, Sound Transit funding of $300,000 and local funds SUMMARY OF ACTION: The South 7th Street Corridor Improvements project was selected for a countywide grant in the amount of $1,450,000 for fiscal year (FY) 2024 Construction. The City of Renton was then awarded an additional $219,020 in supplemental federal funding for a total of $1,669,020. The attached Local Agency Agreement and Prospectus with the Washington State Department of Transportation (WSDOT) are required to obligate the grant funding. This project completes a gap in the trails and bicycle network by installing a 6-foot sidewalk with buffer and cycle track on the north side of S 7th St, between Shattuck and Burnett Ave S, as well as intersection improvements at multiple intersections along the corridor from Shattuck Ave S to Oakesdale Ave SW. The intersection improvements from Shattuck Ave S westward along this corridor will improve bicycle facilities and intersection operations by providing upgraded signage for bicyclists and simplify bicycle movements through complex intersections. Bicycle improvements include push-button activation, green bike lanes through conflict/crossing zones, and pavement markings. The project will also upgrade the existing marked crosswalk with flashing beacons with higher visibility technology. Addressing pedestrian and bicyclist comfort by creating safer connections to current and future transit stops are essential elements to increasing ridership and encouraging more travel by walkers or bicyclists. EXHIBITS: A. Local Agency Agreement B. Project Prospectus STAFF RECOMMENDATION: AGENDA ITEM #5. l) Authorize the Mayor and City Clerk to execute the Local Agency Agreement and Prospectus with the Washington State Department of Transportation for the obligation of grant funding and all subsequent agreements necessary to accomplish the South 7th Street Corridor Improvements Project. AGENDA ITEM #5. l) Washington State Department of Transportation Local Agency Agreement Agency Address CFDA No. 20.205 - Highway Planning and Construction (Catalog of Federal Domestic Assistance) Project No. Agreement No. For WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Length Termini Description of Work Project Agreement End Date Proposed Advertisement Date Claiming Indirect Cost Rate Yes No Type of Work PE % Federal Aid Participation Ratio for PE a. Agency b. Other c. Other d. State Services e. Total PE Cost Estimate (a+b+c+d) Estimate of Funding(1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds Right of Way % Federal Aid Participation Ratio for RW f. Agency g. Other h. Other i. State Services j. Total R/W Cost Estimate (f+g+h+i)Construction % Federal Aid Participation Ratio for CN k. Contract l. Other m. Other n. Other o. Agency p. State Services q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) Agency Official By Title Agency Date Washington State Department of Transportation By Director, Local Programs Date Executed DOT Form 140-039 Revised 04/2022 Page 1 AGENDA ITEM #5. l) - '7’?g?‘g‘mi?a?ampom?w Local Agency Federal Aid Project Prospectus Pre?x Route ()Date 5/31/2024 Eifglliiinoar n/a DUNSNumber 092278894 earlier KEN-47 (teal)“serialize Agency CAAgency FederalProgramTitle City of Renton I Yes |No /20.205 I—lOther We“““9 _StartLatitudeN47.4738 StartLongitudew 122.2087 South 7th Street Corridor Improvements End Latitude N474727 End Longitude w 1222358 ProjectTerminiFrom-To NearestCityName Project ZipCode (+4) Burnett Ave S Oakesdale Ave SW Renton 98057-2507 BeginMilePost End MilePost Lengthof Project AwardType N/A N/A 1.300 Z LocalI:LocalForces E]State [I Railroad RouteID Begin MilePoint EndMilePoint CityNumber CountyNumber CountyName 1292 1070 17 King WSDOTRegion LegislativeDistrict(s)CongressionalDistrict(s)UrbanArea Number Northwest Region 1 [1:1]9th 80389 Total Local A enc Phase Start Phase Estimated Cost Fundingy Federal Funds Date (Nearest HundredDollar)(Nearest HundredDollar)(Nearest HundredDollar)Month Year P.E.$885,000 $885,000 05 2022 RNV Genet 582,668,900 $999,900 $1,669,000 04 2024 Total $3,553,900 $1,884,900 $1,669,000 Description of Existing Facility (Existing Design and Present Condition) RoadwayWidth Numberof Lanes 36-58‘2 /4 Roadway section differs east (narrower,2-lane)and west (wider 4-lane)of Rainier Avenue.Roadway has no designated bike facilities and no north side sidewalks east of Shattuck Avenue. Description of Proposed Work Descriptionof ProposedWork(Attachadditionalsheet(s)ifnecessary) Between Shattuck and Burnett Ave S,install a north-side sidewalk with planter strip,and two-way protected bike lanes with buffer.Install non-motorized improvements at multiple intersections along the corridor from Burnett Ave S to Oakesdale Ave SW,et.al,and an upgraded crosswalk ?ashing beacon. LocalAgencyContactPerson Title Phone Robert Hanson,P.E.Transportation Design Manager 425-430-7400 MailingAddress City State ZipCode 1055 South Grady Way ?Renton WA 98057 Project Prospectus WW ApprovingAuthority Title Transportation Design Manager Date 5/42/44 DOT Form 140-101 Revised 01/2022 PreviousEditionsObsolete Page 1 AGENDA ITEM #5. l) Agency ProjectTitle Date City of Renton South 7th Street Corridor Improvements 5/31/2024 Type of Proposed Work ProjectType (CheckallthatApply)RoadwayWidth Numberof Lanes E]New Construction I Path /Trail D 3-R 36'2 [:Reconstruction I Pedestrian I Facilities I:2-R l:Railroad _Parking Other I:Bridge Geometric Design Data Description Through Route Crossroad :]Principal Arterial I Principal Arterial Federal I Urban Zj Minor Arterial I Urban _Minor Arterial Functional — Rural :ICollector_Rural I Collector Classification _NHS [:1 MajorCollector NHS MajorCollector :]Mlnor Collector I Mlnor Collector :1 Local Access :Local Access Terrain I Flat L_|Roll l lMountain I Flat lRoll Mountain Posted Speed 25-30 mph 25 mph Design Speed 35 mph 35 mph Existing ADT 1 1,596 37,496 (Rainier Ave) Design Year ADT n/a -active mode project n/a -active mode project Design Year n/a -active mode project n/a -active mode project Design Hourly Volume (DHV)n/a -active mode project n/a —active mode project Performance of Work PreliminaryEngineeringVi?llBe PerformedBy Others Agency Consultant 100 %% ConstructionWillBe PerformedBy Contract Agency Contractor 100 %% Environmental Classi?cation C]Class I -Environmental Impact Statement (EIS)I Class ll -Categorically Excluded (CE) D Project Involves NEPAISEPA Section 404 I]Projects Requiring Documentation Interagency Agreement (Documented CE) [I Class III-Environmental Assessment (EA) E]Project involves NEPAISEPA Section 404 Interagency Agreements EnvironmentalConsiderations DOT Form140«101 Page 2 Revised 01/2022 PreviousEditionsObsolete AGENDA ITEM #5. l) Agency ProjectTitle Date City of Renton South 7th Street Corridor Improvements 5/31/2024 Right of Way I No Right of Way Needed 3 Right of Way Needed *All construction required by the l]No Relocation [:1 Relocation Required contract can be accomplished within the existing right of way. Utilities Railroad E]No utility work required I No railroad work required I All utility work will be completed prior to the start :IAIIrailroad work will be completed prior to the start of of the construction contract the construction contract I All utility work will be completed in coordination 3A"the railroad work will be completed in coordination with the construction contract with the construction contract Descriptionof UtilityRelocationor Adjustmentsand ExistingMajorStructures involvedin the Project Puget Sound Energy is relocating overhead power lines to new power poles placed within the existing S 7th Street right-of—way,because the existing poles are where the new northside sidewalk is to be constructed. Lumen local and Comcast will also relocate overhead lines in coordination with Puget Sound Energy. FAAInvolvement Is any airport located within 3.2 kilometers (2 miles)of the proposed project?I Yes L]No Remarks The project does not have a vertical element that will be affected by the airport. This project has been reviewed by the legislative body of the administration agency or agencies,or it's designee.and is not inconsistent with the agency's comprehensive plan for community development. Agency Date By Mayor/Chairperson DOT Fomi 140-101 ‘.4 Page 3 Revised 01/2022 PrevmusEditionsObsolete AGENDA ITEM #5. l) AB - 3566 City Council Regular Meeting - 03 Jun 2024 SUBJECT/TITLE: Change Order No. 12 with Laser Under Ground & Earthworks, Inc. for the Thunder Hills Sewer Interceptor Rehabilitation Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Jesse Newman, Utility Systems Director EXT.: 7239 FISCAL IMPACT SUMMARY: Funding for Change Order 12 to CAG-23-048 with Laser Underground & Earthworks, inc. in the amount of $201,513.23 is available from the approved Thunder Hills Sewer Interceptor Rehabilitation Project Budget ( 426.465495.015.594.35.63.000). The Thunder Hills Sewer Interceptor Rehabilitation Project (426.465495.015.594.35.63.000) has a remaining unencumbered budget of $347,120.78. There is sufficient funding in the approved budget to cover Change Order 12. SUMMARY OF ACTION: Laser Underground & Earthworks, Inc. was awarded the Thunder Hills Interceptor Rehabilitation Project for $2,052,252.99 on May 3rd, 2023, with construction beginning in June 2023. The project has rehabilitated or replaced 2,800 feet of 59-year-old concrete sewer pipe and built a drivable path to improve access for maintenance of the sewer system. The existing sewer pipe had a meandering path, whereas the replacement was built in straight segments between manholes.The portions of existing main that remained in place were lined with Cured in Place Pipe (CIPP). During construction, the contractor could not locatethe connection point for the existing sewer main. After significant effort, the contractor determined that the existing upstream sewer main connection was approximately 10 feet deeper than anticipated and closer to the existing stream. As a result, working through the extra trench excavation depth required additional labor and equipment expenses. The additionaldepth made maintaining the trench wall stability more challenging and costly for the contractor. The upstream invert elevation was revised, which brought the pipe to a flatter slope, adding more complexity and less margin for error in construction. This change order reconciles the extra labor and equipment expenses for the unanticipated depth of the trench and differing pipe slope between January 2024 and February 2024. The city has negotiated to pay a percentage of the contractor’s daily work based on the work determined incidental to the original contract. Utility Systems is requesting the City Council approval of Change Order 12 in the amount of $201,513.23 to pay for additional and necessary work outside of the initial contract scope. EXHIBITS: A. Change Order No. 12 STAFF RECOMMENDATION: AGENDA ITEM #5. m) Authorize the Mayor and City Clerk to execute Change Order No.12 to CAG-23-048with Laser Underground & Earthworks, Inc.in the amount of$201,513.23for the extra work related to the installation of the sewer system for the Thunder Hills Sewer Interceptor Rehabilitation Project. AGENDA ITEM #5. m) C.O.#12 SUMMARY OF PROPOSED CHANGE: ITEM Unit Qty.Unit Price Total Price A77 LS 1.00 183,027.46 $183,027.46 APPROVAL SIGNATURES: Approved By: Date: Jesse Newman, Project Manager Approved By: Date: Will Dannenberg, Laser Underground and Earthworks, inc. Approved By: Date: Martin Pastucha, PW Administrator Approved By: Date: Armondo Pavone, Mayor Approved By: Date: Cheryl Beyer, Renton City Attorney $2,500,598.54 CITY OF RENTON Additional Quantities Under This Change Order Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CONTRACTOR: Thunder Hills Sewer Interceptor Rehabilitation CAG-23-048 Laser Underground and Earthworks, inc. Provide all labor, equipment, subcontracting, bonding, insurance for the complete work required for the extra work as outlined below: ESTIMATED CONTRACT TOTAL AFTER CHANGE $183,027.46 $18,485.77 NEW ITEM: Construct 12-inch sewer main between MH3 and the tie in location at deeper depth what was displayed in the contract plans from the date range 01-03-2024 to 02-08-2024. $201,513.23 Sub Total (Schedule A - Sewer) Total (Schedule A - Sewer) ESTIMATED NET CHANGE THIS ORDER $201,513.23 ORIGINAL CONTRACT AMOUNT CURRENT CONTRACT AMOUNT $2,299,085.31 $2,052,252.99 Sales Tax (10.1% for work performed before April 1, 2024) H:\File Sys\WWP - WasteWater\WWP-27-03921 Thunder Hills Sewer Interceptor Rehabilitation\110 - Construction\Change Orders\CO 12 - Extra Depth\Archive\CAG-23-048_CO 12- THSIR 1 of 1 AGENDA ITEM #5. m)