HomeMy WebLinkAboutFinal Agenda Packet
CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, August 12, 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 8/5/2024.
Council Concur
b) AB - 3643 Executive Services Department recommends execution of the Washington
State Military Department Public Assistance Grant to receive approximately 87.5% of
eligible non-insurance claimed damages sustained during the severe winter storms of
January 2024.
Refer to Finance Committee
c) AB - 3638 Municipal Court recommends execution of a one-year Therapeutic Courts
Interagency Agreement with the Administrative Office of the Courts, to accept
$260,865.60 in grant funds to assist with Renton Municipal Community Court operations.
Refer to Finance Committee
d) AB - 3640 Parks & Recreation Department recommends execution of an agreement with
Bruce Dees & Associates, in the amount of $225,283 for master planning and design
services for the Cleveland-Richardson Park master plan project.
Refer to Finance Committee
e) AB - 3642 Public Works Airport recommends execution of a month-to-month lease with
Rainier Flight Services, in an annual amount of $126,436.80 plus leasehold excise tax, for
the 800 building at the Renton Airport.
Refer to Transportation (Aviation) Committee
f) AB - 3645 Public Works Airport recommends execution of Addendum 7-24 to LAG-93-004,
lease with BHC, Inc., which extends the original ground lease of 850 W Perimeter Road at
the Renton Airport to December 31, 2029, and adjusts the annual lease revenue to
$58,534.21 plus leasehold excise tax.
Refer to Transportation (Aviation) Committee
g) AB - 3646 Public Works Airport recommends execution of Addendum 8-24 to LAG-99-003,
lease with Lane Hangar Condominiums Owners Association to extend to the term of the
lease to July 31, 2028.
Refer to Transportation (Aviation) Committee
h) AB - 3647 Public Works Airport recommends execution of a month-to-month lease with
Northwest Seaplanes, Inc., for parcel 608 at the Renton Airport, with lease revenue at
$79,824.00 plus leasehold excise tax annually.
Refer to Transportation (Aviation) Committee
i) AB - 3644 Public Works Transportation Systems Division recommends execution of
Change Order No. 21 to CAG-22-163, contractor Pivetta Brother's Construction, Inc., in
the amount of $162,000, for additional work associated with the Rainier Ave S Corridor
Improvements - Phase 4 project.
Refer to Transportation (Aviation) Committee
j) AB - 3631 Public Works Utility Systems Division recommends execution of an agreement
with Shannon and Wilson, Inc., in the amount of $241,402, for geotechnical and
environmental services for the East Valley Road Storm System Improvement project.
Refer to Utilities Committee
k) AB - 3641 Public Works Utility Systems Division recommends execution of the
Reimbursement and Permission to Relocate and Construct Utility Conflicts Agreement
with Soos Creek Water and Sewer District for the SE 172nd St Green Stormwater
Infrastructure (GSI) project. The project is fiscally neutral.
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) Community Services Committee: 1) Stoneway Property Acquisition
b) Finance Committee: 1) Vouchers; 2) Longacres Environmental Impact Statement
Agreement; 3) 2023-2025 Climate Planning Grant Acceptance; 4) Bid Award of Contract
with Doolittle Construction, LLC for 2024 Slurry Seal Project; 5) Agreement with
Department of Ecology for 2023-2025 Water Quality Stormwater Capacity Grant; 6)
Application Authorization: Earlington Park Athletic and Support Facilities*; 7) Application
Authorization: Cedar River Boathouse Dock Replacement Phase 2*
c) Planning & Development Committee: 1) Planned Action Ordinance for the Rainier/Grady
Junction TOD Subarea
d) Public Safety Committee: 1) Interlocal Agreement with the Renton School District for the
2024-2025 School Resource Officer (SRO) Program*
7. LEGISLATION
Resolutions:
a) Resolution No. 4533: School Resource Officers (SRO) Interlocal with Renton School
District (See Item 6.d)
b) Resolution No. 4534: Application for Recreation and Conservation Office ("RCO")
Community Outdoor Athletic Facilities ("COAF") Grant for Earlington Park (See Item 6.b)
c) Resolution No. 4535: Application for Recreation and Conservation Office ("RCO")
Community Outdoor Athletic Facilities ("COAF") Grant for Cedar River Boathouse (See
Item 6.b)
Ordinance for second and final reading:
d) Ordinance No. 6138: Revised 2024 Salary Table (First Reading 8/5/2024)
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 - Conferencing Center
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: August 12, 2024
TO: Ed Prince, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• Get Ready in Renton by enrolling in the fall Community Emergency Response Team (CERT) classes
offered by the city's Emergency Management Division. Registration is now open until August 21, so
seize the opportunity to prepare yourself to respond effectively in a disaster.
The CERT program is designed to equip participants with essential skills to handle a range of
emergency scenarios, covering areas such as personal preparedness, first aid, fire suppression,
search and rescue, terrorism, and team organization. During this insightful eight-week course,
participants will experience a blend of classroom learning and practical, hands-on training,
culminating in the ability to serve as crucial "first responders" within their neighborhoods during the
critical aftermath of a disaster.
The fall CERT classes begin on August 22, from 6 to 9 p.m.at the Renton Regional Fire Authority Fire
Station #14, and run for eight weeks. The course concludes with a final drill on Saturday, October 5,
from 8 a.m. to 1 p.m. Visit rentonwa.gov/register and search for ‘CERT.’
• 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:
Sunday, August 11 through Wednesday, August 14, NIGHTTIME 9:00 p.m. - 4:00 a.m. Full lane
closures on North 30th Street at I-405 interchange for construction work. Questions may be
directed to Tom Main, 206-999-1833.
Monday, August 12 through Friday August 16, 8:00 a.m. - 3:00 p.m. Intermittent lane closure
on Maple Avenue SE north of SW 16th Street for construction work. Questions may be directed
to Rob Blackburn, 206-379-1489.
AGENDA ITEM #3. a)
Ed Prince, Council President
Members of Renton City Council
Page 2 of 2
August 12, 2024
Monday, August 12 through Friday August 16, 8:00 a.m. - 3:00 p.m. Intermittent lane closure
on Powell Avenue SW at SW 10th Street for construction work. Questions may be directed to
Rob Blackburn, 206-379-1489.
IMPORTANT NOTICE regarding closures on Maple Avenue SW and Powell Avenue SW:
There will be construction occurring on a 20” high pressure gas main on Maple Avenue SW and
Powell Avenue SW on August 12, and restoration occurring August 14 and 15. Due to the
sensitive nature of the work at Maple Avenue SW, the contractor will have additional traffic
control measures in place to protect the construction area and they have hired a security
company to be onsite overnight to make sure the work area is secure. If you have specific
questions regarding this work, please reach out to Rob Blackburn, Construction Engineering
Inspector, at (206) 379-1489.
Monday, August 12 through Friday, August 16, 8:00 a.m. - 3:00 p.m. Intermittent lane closure
on NE 12th Street and Jefferson Avenue NE for utility installation. Questions may be directed to
Brad Stocco, 425-282-2373.
Monday, August 12 through Friday, August 16, 8:00 a.m. - 3:00 p.m. Road closure on Kirkland
Avenue NE between NE Sunset Blvd and NE 12th Street for utility installation. Detour route will
be provided. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, August 12 through Friday, August 16, 8:00 a.m. - 3:00 p.m. Intermittent lane closure
on NE Sunset Blvd between Edmonds Avenue NE and Kirkland Avenue NE for construction work.
Questions may be directed to Brad Stocco, 425-282-2373.
Monday, August 12 through Friday, August 16, 8:00 a.m. - 3:00 p.m. Shifting lane closures both
east and west on NE Sunset Blvd between Redmond Place NE to Union Avenue 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)
August 5, 2024 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, August 5, 2024
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pro Tem Prince 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
(attended remotely)
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Ed VanValey, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Kim Gilman, Interim Human Resources and Risk Management Administrator
Maryjane Van Cleave, Parks & Recreation Department Administrator
Young Yoon, IT Director
Cailín Hunsaker, Parks & Trails Director
Carrie Olson, Farmers Market Coordinator
Eric Perry, Government Affairs Manager
Commander Dan Figaro, Police Department
Attended Remotely:
Judith Subia, Chief of Staff
Kristi Rowland, Deputy CAO
Martin Pastucha, Public Works Administrator
AGENDA ITEM #5. a)
August 5, 2024 REGULAR COUNCIL MEETING MINUTES
Ron Straka, Public Works Utility Systems Director
PROCLAMATION
Farmers Market Week - August 4-10, 2024: A proclamation by Mayor Pavone was read
declaring August 4-10, 2024, as Farmers Market Week in the City of Renton and encouraging
all residents to join in this special observance. Farmers Market Coordinator Carrie Olson
accepted the proclamation with appreciation.
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
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:
•The Surface Water Utility is accepting public comment on draft revisions to the 2024
Stormwater Management Program Plan through August 7. The revisions to the 2024
Stormwater Management Plan are needed to reflect additional requirements
established in the new 2024-2029 NPDES Phase II Municipal Stormwater Permit,
which will be effective on August 1. The Plan and instructions for making comments
are on Renton’s website at rentonwa.gov/npdes.
•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
•John Houston, Renton, stated that the Renton School District took his family's farm in
the 1960s to build a new school, however, the school was never built, and the land
was sold to a developer who built homes on it. He noted that those homes are now
sources of property tax for the city and asked Council to do something to keep this
from happening to other families of color in the community.
•Paul Quinn, Sammamish, shared ideas on how to reduce garbage in the city's
recycling streams. He stated that he would like to meet with staff to discuss his ideas
further.
•Alice Lockridge, Renton, expressed support for Mr. Houston's issue and recited
information about a Ku Klux Klan rally that was held in Renton in the 1920s.
•Gabriel Jones, Renton, expressed support for the Police Department's use of Project
Be Free case workers to assist them on domestic violence calls.
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 July 22, 2024. Council Concur.
AGENDA ITEM #5. a)
August 5, 2024 REGULAR COUNCIL MEETING MINUTES
b)AB - 3590 Community & Economic Development Department recommended executing an
agreement with the Washington State Department of Commerce to receive $19,975 in grant
funds for 2023-2025 Climate Planning. Refer to Finance Committee.
c)AB - 3635 Community & Economic Development Department recommended execution of an
agreement with EA Engineering, Science, and Technology, Inc., PBC (EA), in the amount of
$400,827 (plus any applicable sales tax) for professional services related to the preparation of
the Environmental Impact Statement (EIS) for the Longacres Redevelopment project. Refer to
Finance Committee.
d)AB - 3634 Human Resources / Risk Management Department recommended adoption of an
ordinance revising the 2024 Salary Table, which includes a notation to refer to the
Independent Salary Commission process for Council salaries, an update to the title of GIS
Manager to I.T. Business Analysis Assistant Manager, and eliminates the Parks Maintenance
Assistant series; effective September 1, 2024. Council Concur.
e)AB - 3628 Parks & Recreation Department requested authorization to pursue acquisition of
the Stoneway Property (Parcel ID 1723059026), and if negotiations are successful, return with
a purchase and sale agreement and proposed budget adjustments for Council approval. Refer
to Community Services Committee.
f)AB - 3629 Parks & Recreation Department recommended adopting a resolution authorizing
application to the State Recreation and Conservation Office (RCO) for a Community Outdoor
Athletic Facilities (COAF) grant, in the amount of $1.2 million, for renovations at Earlington
Park. Refer to Finance Committee.
g)AB - 3630 Parks & Recreation Department recommended adoption of a resolution authorizing
application to the State Recreation and Conservation Office (RCO) for a Community Outdoor
Athletic Facilities (COAF) grant in the amount of $550,000 for renovations associated with the
Cedar River Boathouse Dock Replacement Phase 2 project. Refer to Finance Committee.
h)AB - 3636 Public Works Maintenance Services requested authorization to purchase a Case
590SN Wheel Loader, from Sonsray Machinery of Auburn, WA, in the amount of $158,557.31,
utilizing Sourcewell Contract #011723. The funds for this purchase were included in the 2023-
2024 biennium budget. Council Concur.
i)AB - 3637 Public Works Transportation Systems Division reported bid opening on July 17,
2024 for CAG-24-083, 2024 Slurry Seal Project, and recommends awarding the contract to the
lowest responsive and responsible bidder, Doolittle Construction, LLC, in the amount of
$849,000.58; and approval to transfer $462,726 from the Transportation Benefit District
Revenue account to the project account to cover anticipated expenditures for the
construction phase of this project. Refer to Finance Committee.
j)AB - 3632 Public Works Utility Systems Division recommended executing Water Quality
Stormwater Capacity Agreement No. WQSWCAP-2325-Renton-00040 with the Washington
State Department of Ecology, to accept $130,000 in non-matching grant funds to assist the
city in complying with the requirements of the Western Washington Phase II Municipal
Stormwater Permit. Refer to Finance Committee.
k)AB - 3633 Public Works Utility Systems Division reported bid opening on July 11, 2024 for
CAG-24-105, Sanitary Sewer Replacement Project - Phase 1, and recommends awarding the
contract to the lowest responsive and responsible bidder, Rodarte Construction, Inc., in the
amount of $780,857.82. Council Concur.
AGENDA ITEM #5. a)
August 5, 2024 REGULAR COUNCIL MEETING MINUTES
MOVED BY ALBERSON, SECONDED BY O'HALLORAN, COUNCIL CONCUR TO
APPROVE THE CONSENT AGENDA AS PRESENTED. 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 approve Change Order No. 20 to CAG-22-163 with Pivetta Brother’s
Construction, Inc. for the Rainier Ave S Corridor Improvements - Phase 4 Project in the amount of
$189,621.20. Of this amount, approximately $111,400.00 will be paid by the Franchise Utilities.
MOVED BY MCIRVIN, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Ordinance for first reading:
Ordinance No. 6138: An Ordinance of the City of Renton, Washington, amending the 2024
City of Renton Salary Table to Reflect that Council Salary is established by the Independent
Salary Commission and to Update Titles and Series for Various Positions; Providing for
Severability; and Establishing an Effective Date.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.)
MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL REFER MR. JOHN HOUSTON'S
LAND ISSUE TO THE ADMINISTRATION TO SEE IF THERE IS ANYTHING THE
COUNCIL CAN DO TO ASSIST.*
Discussion ensued about which agency has jurisdiction over the matter, what expectation is
sought from this discussion, what direction or information is being requested from staff,
questions on how to prioritize this issue, and that the issue should be discussed because the
city has benefitted from past racist policies and/or practices.
AYES: PRINCE, O’HALLORAN, RIVERA, VǍN, MCIRVIN
NAYES: ALBERSON, PÉREZ
*MOTION CARRIED.
AGENDA ITEM #5. a)
August 5, 2024 REGULAR COUNCIL MEETING MINUTES
EXECUTIVE SESSION & ADJOURNMENT
MOVED BY ALBERSON, SECONDED BY O’HALLORAN, COUNCIL RECESS INTO EXECUTIVE
SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS LITIGATION PURSUAN TO RCW
42.30.110.1.(I)) AND THAT THE COUNCIL MEETING WILL BE ADJOURNED WHEN THE
EXECUTIVE SESSION IS ADJOURNED. CARRIED. TIME: 7:41 PM
Executive session was conducted, and no official action was taken. The Council meeting
adjourned when the executive session adjourned. Time: 8:08 PM
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
05 Aug 2024
AGENDA ITEM #5. a)
Council Committee Meeting Calendar
August 5, 2024
August 12, 2024
Monday
1:00 p.m. Public Safety Committee, Chair Rivera
Location: Council Conference Room/Videoconference
1. Interlocal Agreement with the Renton School District for the 2024-2025 School
Resource Officer (SRO) Program
2. RRFA Briefing
3. Emerging Issues in Public Safety
2:00 p.m. Community Services Committee, Chair Alberson
Location: Council Conference Room/Videoconference
1. Stoneway Property Acquisition
2. Emerging Issues in Parks & Recreation
• Policy 600-06 Discussion
• Renton River Days Highlights
3:00 p.m. Finance Committee, Chair O’Halloran
Location: Council Conference Room/Videoconference
1. Longacres Environmental Impact Statement Agreement
2. 2023-2025 Climate Planning Grant Acceptance
3. Bid Award of Contract with Doolittle Construction, LLC for 2024 Slurry Seal
Project
4. Agreement with Department of Ecology for 2023-2025 Water Quality
Stormwater Capacity Grant
5. Application Authorization: Earlington Park Athletic and Support Facilities
6. Application Authorization: Cedar River Boathouse Dock Replacement Phase 2
7. Vouchers
8. Emerging Issues in Finance
4:00 p.m. Planning & Development Committee, Chair Pérez
Location: Council Conference Room/Videoconference
1. Planned Action Ordinance for the Rainier/Grady Junction TOD Subarea
2. Docket 19 Group A Briefing
3. Development Reviews Update
4. Emerging Issues in CED
5:45 p.m. Committee of the Whole, Chair Prince
Location: Conferencing Center
1. Comprehensive Plan Update
7:00 p.m. Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #5. a)
AB - 3643
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Acceptance of Public Assistance Grant Agreement D24-366, Disaster
4775-DR-WA
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Executive Services Department
STAFF CONTACT: MJ Thomas, Emergency Management Coordinator
EXT.: 7725
FISCAL IMPACT SUMMARY:
The City of Renton experienced an estimated $2 million in damages to multiple city-owned assets during the
Presidentially Declared Disaster of severe winter storms in January 2024. Over 85% of these damages are
eligible for federal and state reimbursement through FEMA and the State of Washington.
SUMMARY OF ACTION:
The city has qualified for a Washington State Public Assistance Grant to receive approximately 87.5% of eligible non-
insurance claimed damages sustained by the city during the severe winter storms of January 2024. Federal funding is
provided by FEMA and will be administered by the Washington State Military Department Emergency Management
Division. The Preliminary Damage Assessment estimated eligible expenses are approximately $2 million.
EXHIBITS:
A. D24-366 Public Assistance Grant Agreement
B. D24-366 Supplemental Contracting Document
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Washington State Military Department Public Assistance
Grant Agreement D24-366.
AGENDA ITEM #5. b)
Public Assistance Grant Agreement Page 1 of 21 City of Renton, D24-366
Washington State Military Department
PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET
1.SUBRECIPIENT Name and Address:
City of Renton
1055 S Grady Way
Renton, WA 98057
2.Grant Agreement Amount:
To be determined, based upon
approved project worksheets
3.Grant Number:
D24-366
4.SUBRECIPIENT, phone/email:
(425) 430-7725/em@rentonwa.gov
5. Grant Agreement Start Date:
January 5, 2024
6. Grant Agreement End Date:
April 28, 2028
7.DEPARTMENT Program Manager, phone/email:
Jonathan L. Holmes, (253) 512-7429
Jonathan.Holmes@mil.wa.gov
8.Unique Entity Identifier (UEI):
UG2PSBS6UJJ3
9.UBI # (state revenue):
10. Funding Authority:
Washington State Military Department (the “DEPARTMENT”), and Federal Emergency Management Agency (FEMA)
11. Funding Source Agreement #:
FEMA-4775-DR-WA
12.Program Index #
744EC (Federal) / 742EE
(State) / 744ED (Admin)
13.Catalog of Federal Domestic Asst. (CFDA)
# & Title: 97.036, Public Assistance
14.Federal EIN #:
15. Total Federal Award Amount: N/A 16. Federal Award Date: N/A
17. Service Districts:
(BY LEGISLATIVE DISTRICT): 8th and 9th
(BY CONGRESSIONAL DISTRICT): 11th
18. Service Area by County(ies):
King
19. Women/Minority-Owned, State
Certified?: X N/A NO
YES, OMWBE #_________
20. Contract Classification:
Personal Services Client Services X Public/Local Gov’t
Research/Development A/E Other________
21. Contract Type (check all that apply):
Contract X Grant X Agreement
Intergovernmental (RCW 39.34)Interagency
22. Contractor Selection Process:
X “To all who apply & qualify”Competitive Bidding
Sole Source A/E RCW N/A
Filed w/OFM? Advertised?YES NO _______
23. Contractor Type (check all that apply)
Private Organization/Individual For-Profit
X Public Organization/Jurisdiction X Non-Profit
VENDOR X SUBRECIPIENT OTHER
24. BRIEF DESCRIPTION:
Presidential Disaster Declaration # FEMA-4775-DR-WA Severe Winter Storms, Straight-Line Winds, Flooding, Landslides, and Mudslides. To
provide funds to the SUBRECIPIENT for emergency work and the repair or replacement of disaster-damaged facilities. as approved by FEMA in
project worksheets describing eligible scopes of work and associated funding. The DEPARTMENT is the Recipient and Pass-through Entity of the
Presidential Disaster Declaration # FEMA-4775-DR-WA Severe Winter Storms, Straight-Line Winds, Flooding, Landslides, and Mudslides, and FEMA
State Agreement, which are incorporated by reference, and makes a subaward of Federal award funds to the SUBRECIPIENT pursuant to this
Agreement. The SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal award funds provided under this Agreement and the
associated matching funds.
IN WITNESS WHEREOF, the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement, references and
attachments hereto and have executed this Agreement as of the date and year written below. This Agreement Face Sheet, Special Terms
and Conditions (Attachment 1), General Terms and Conditions (Attachment 2), Project Worksheet Sample (Attachment 3), Washington State
Public Assistance Applicant Manual dated April 28, 2024 (Attachment 4), and all other documents, exhibits and attachments expressly
referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of
the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1.Applicable Federal and State Statutes and Regulations 5. Special Terms and Conditions
2.DHS Standard Terms and Conditions 6.General Terms and Conditions, and,
3.Presidential Declaration, FEMA State Agreement,7.Other provisions of the contract incorporated by reference.
and other Documents
4.Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s)
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
__________________________________________
Signature Date
Stacey McClain, Governor’s Authorized Representative
Washington State Military Department
APPROVED AS TO FORM:
Dierk Meierbachtol (signature on file) 6/9/2022
Assistant Attorney General
FOR THE SUBRECIPIENT:
__________________________________________
Signature Date
print or type name: Mayor Armondo Pavone
APPROVED AS TO FORM:
________________________________________
SUBRECIPIENT’s Attorney Date
Attachment 1 ATTEST:
____________________________
Jason A. Seth, City Clerk
177-000-094
91-6001271
AGENDA ITEM #5. b)
Public Assistance Grant Agreement Page 2 of 21 City of Renton, D24-366
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
ARTICLE I – KEY PERSONNEL
The individuals listed below shall be considered key personnel and point of contact. Any substitution by either
party must be submitted in writing.
SUBRECIPIENT MILITARY DEPARTMENT
Name Name Jonathan L. Holmes
Title Title Deputy State Coordinating Officer
Public Assistance
E-Mail E-Mail Jonathan.Holmes@mil.wa.gov
Phone Phone (253) 512-7429
ARTICLE II - ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements
and program guidance identified or referenced in this Agreement and the informational documents published
by FEMA applicable to the Presidential Declaration including, but not limited to, all criteria, restrictions, and
requirements of the “FEMA State Agreement” published by FEMA and the federal regulations commonly
applicable to FEMA grants, all of which are incorporated herein by reference. The Presidential Declaration and
the FEMA State Agreement are incorporated in this Agreement by reference.
The SUBRECIPIENT shall comply with the Washington State Public Assistance Applicant Manual dated April
28, 2024 incorporated in this Agreement as Attachment 4. The DHS Standard Terms and Conditions are
incorporated by reference in this Agreement in Appendix F of the Washington State Public Assistance
Applicant Manual dated April 28, 2024.
The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The
SUBRECIPIENT agrees that it will not hold the DEPARTMENT, the State of Washington, or the United States
liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed
under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated
or in a particular amount.
Federal funding is provided by FEMA and is administered by the DEPARTMENT. Under the authority of
Presidential Disaster Declaration number FEMA-4775-DR-WA, the DEPARTMENT is reimbursing the
SUBRECIPIENT for those approved eligible costs and activities necessary under the Public Assistance Grant
Program during the incident period beginning January 5 to January 29, 2024. Eligible costs and activities will
be identified in Project Worksheets approved by FEMA and a Project Worksheet Sample is incorporated as
Attachment 3. The DEPARTMENT is also providing Advance Payments to the SUBRECIPIENT where
provided by FEMA and required and allowed by law. Any interest earned on advance payments (except for
interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et
seq.) and the Indian Self-Determination Act (23 U.S.C. 450)) shall be promptly, but at least quarterly, remitted
to the DEPARTMENT to be paid to FEMA. The subrecipient may keep interest amounts up to $100 per year
for administrative expenses.
STATE AND FEDERAL REQUIREMENTS FOR PUBLIC ASSISTANCE GRANTS:
The following requirements apply to all DHS/FEMA Presidential Disasters administered by the DEPARTMENT:
1.FUNDING
The DEPARTMENT will administer the Public Assistance (PA) Grant Program, provide Advance
payments, and reimburse approved eligible Public Assistance costs to the SUBRECIPIENT that are
identified under the auspices of Presidential Disaster Declaration Number FEMA-4775-DR-WA and
authorized by and consistent with the Stafford Act (P.L. 93-288, as amended) and applicable
regulations.
Deborah Needham
Emergency Management Director
em@rentonwa.gov
425-430-7725
AGENDA ITEM #5. b)
Public Assistance Grant Agreement Page 3 of 21 City of Renton, D24-366
It is understood that no final dollar figure is committed to at the time that this Agreement is executed,
but that financial commitments will be made by amendments to the project application as Project
Worksheets are completed in the field and projects are authorized by state and federal officials.
Pursuant to the FEMA-STATE AGREEMENT, FEMA will contribute not less than 75 percent of the
eligible costs for any eligible project and 100 percent of the federal PA Management Costs, up to 5
percent of the total award amount for each Subrecipient, as provided for in subsection 3.E. of Article II
of this Public Assistance Agreement. The SUBRECIPIENT commits to providing the remaining 25
percent non-federal match to any eligible project that has been identified under the Presidential
Disaster Declaration number FEMA-4775-DR-WA, subject to the following exceptions:
DEPARTMENT Match: The Washington State Legislature may authorize the DEPARTMENT to
provide a match to the SUBRECIPIENT’s non-federal share of eligible projects. Provision of a match
by the DEPARTMENT, if authorized by the Washington State Legislature, shall not require amendment
of this Agreement. If DEPARTMENT match funds are committed to the non-federal share by the
DEPARTMENT pursuant to legislative authorization, the DEPARTMENT will formally notify the
SUBRECIPIENT of the match in writing which will include information identifying any related reduction
in the SUBRECIPIENT’s percentage commitment.
Donated Resources: FEMA will credit the SUBRECIPIENT for the value of donated resources (non-
cash contributions of property or services) related to eligible Emergency Work to offset the non-Federal
cost share of its eligible Emergency Work project worksheets – categories A and B, and for the value of
donated resources related to eligible work on a Permanent Work project to offset the non-Federal cost
share of that specific Permanent Work project worksheet for which the resources were donated –
categories C through G. The Donated Resources are recognized by FEMA in a Project Worksheet.
Donated Resources offset the non-federal share of the eligible emergency work approved in Project
Worksheets or specific permanent work approved in Project Worksheets. For non-state agency
SUBRECIPIENTS, the donated resource value will first be applied to the SUBRECIPIENT’s non-federal
share, and, if a DEPARTMENT match is authorized, any remaining donated resource value will be
applied to the DEPARTMENT’s share. The value of the Donated Resources is calculated as described
in Public Assistance Program and Policy Guide V.4 (PAPPG), and is capped at the non-Federal share
of approved eligible emergency work costs or capped at the non-Federal share of the specific approved
eligible permanent work costs, as applicable. The Federal share of the Donated Resources will not
exceed the non-federal share of eligible emergency work costs or of specific permanent work costs
approved in Project Worksheets. Any excess credit for eligible emergency work costs can be credited
only to other eligible emergency work costs, for the same SUBRECIPIENT in the same disaster. The
value of excess donated resources cannot be credited toward or transferred to another eligible
SUBRECIPIENT, or toward other State obligations. The DEPARTMENT does not match a FEMA
donated resource credit.
The Project Worksheet, sample provided in Attachment 3, is required to be completed by FEMA or
State Project Specialists.
2. GRANT AGREEMENT PERIOD
a. Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this
Agreement shall be those activities which occurred during or subsequent to the incident period
defined in the FEMA State Agreement and shall terminate upon completion of the project(s)
approved by federal and state officials, including completion of close-out and audit. This period
shall be referred to as the “Grant Agreement Period.”
b. The Grant Agreement Period shall only be extended by (1) written notification of FEMA approval of
the Grant Agreement Period followed up with a mutually agreed written amendment, or (2) written
notification from the DEPARTMENT to the SUBRECIPIENT issued by the DEPARTMENT to
address extensions of its underlying federal grant performance period or to provide additional time
for completion of the SUBRECIPIENT’s project(s).
3. PAYMENTS
The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from
FEMA, shall issue payments to the SUBRECIPIENT in compliance with the Washington State Public
Assistance Applicant Manual dated April 28, 2024 (Attachment 4) procedures as follows:
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a. Small Project Payments: Payments are made for all small projects to the SUBRECIPIENT upon
submission and approval of an A19-1A State of Washington Invoice Voucher to the DEPARTMENT,
after FEMA has approved funding through approval of Project Worksheets.
b. Progress Payments: Progress payment of funds for costs already incurred on large projects minus
10 percent retainage may be made to the SUBRECIPIENT upon submission by the
SUBRECIPIENT of an A19-1A State of Washington Invoice Voucher, a letter of request, and a
spreadsheet identifying the claimed costs supporting the payment request and approval by the
DEPARTMENT.
c. Improved Projects: Payments on improved projects (capped project) will be pro-rated based upon
the percentage of the project that is funded under this disaster grant to the overall project cost. This
percentage will be identified when the first payment on the improved project is made. Progress
payments will be made as outlined above in Section B.
d. Final Payment: Final Payment on a large project will be made following submission by the
SUBRECIPIENT of a certification of completion on the STATEMENT OF DOCUMENTATION /
FINAL INSPECTION REPORT form upon completion of project(s), completion of all final
inspections by the DEPARTMENT, and final approval by FEMA. Final payment on a large project
will include any retainage withheld during progress payments. Final payments may also be
conditional upon financial review, if determined necessary by the DEPARTMENT or FEMA.
Adjustments to the final payment may be made following any audits conducted by the Washington
State Auditor’s Office, the United States Inspector General or other federal or state agency.
e. The SUBRECIPIENT is eligible to receive federal PA Management Costs up to 5 percent of the
total award amount obligated for each Subrecipient at the time of its request. PA Management
Costs includes any of the following when associated with the PA portion of a major disaster or
emergency: Indirect costs, direct administrative costs, and other administrative expenses
associated with a specific project. Documentation is required to substantiate the eligibility of
management activities and associated costs in accordance with PA Management Costs Interim
Policy – Standard Operating Procedures.
f. All payment requests shall be made on an A19-1A form, State of Washington, Invoice Voucher.
Payments will be made by electronic fund transfer to the SUBRECIPIENT’s account.
g. Federal funding shall not exceed the total federal contribution eligible for Public Assistance costs
under Presidential Disaster Declaration number FEMA-4775-DR-WA.
h. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures,
transfer payment to the SUBRECIPIENT. Payment will be transferred by journal voucher to Agency
No. _________, Accounting Fund No. _____________.
i. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits, printing,
equipment, and other goods and services will be reimbursed on an actual cost basis unless
otherwise provided in this Agreement.
j. For travel costs, SUBRECIPIENTs shall comply with 2 CFR 200.474 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended, and federal maximum rates set forth at http://www.gsa.gov, and follow the most
restrictive.
k. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written
approval by DEPARTMENT Key Personnel.
l. Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the SUBRECIPIENT consistent with record retention
requirements of this Agreement, and be made available upon request by the DEPARTMENT, and
local, state, or federal auditors.
m. All work under this Agreement must end on or before the Grant Agreement End Date, and the final
reimbursement request must be submitted to the DEPARTMENT within 45 days after the Grant
Agreement End Date, except as otherwise authorized by written amendment of this Agreement and
issued by the DEPARTMENT.
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Public Assistance Grant Agreement Page 5 of 21 City of Renton, D24-366
n. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the SUBRECIPIENT, its subrecipient or contractor, or
any non-federal entity to which the SUBRECIPIENT makes a subaward, and is invoiced by the
vendor.
o. SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement existing
funds, and will not use them to replace (supplant) non-federal funds that have been budgeted for
the same purpose. The SUBRECIPIENT may be required to demonstrate and document that the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
The DEPARTMENT shall provide Advance Payments as provided by FEMA and as required and
authorized by law.
4. CLOSEOUT
To initiate close-out, the SUBRECIPIENT is required to certify in writing, by Project Worksheet Number,
date completed and total amount expended on the project, completion of the small projects. To initiate
close-out of the large projects, the SUBRECIPIENT shall submit certification of completion on a
STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT.
The DEPARTMENT will then complete a site inspection and a financial review of documentation to
support the claimed costs. Certifications on small and large projects are due within sixty days following
the completion of the project or receipt of the approved Project Worksheet, whichever date is later.
If SUBRECIPIENT is claiming federal PA Management Costs: Indirect costs, direct administrative
costs, and other administrative expenses associated with a specific project must be supported by
documentation to substantiate the eligibility of management activities and associated costs that has
been prepared and assembled in accordance with PA Management Costs Interim Policy – Standard
Operating Procedures prior to close-out.
After all of the projects have been certified as complete and approved for closure by FEMA, the
DEPARTMENT will forward a final A19-1A State of Washington Invoice Voucher to the
SUBRECIPIENT for release of the remaining funds due to the subrecipient for eligible costs, including
any retainage previously withheld, and the allowance for federal indirect costs.
5. DOCUMENTATION / REPORTING REQUIREMENTS
For all Advance Payment, the SUBRECIPIENT shall provide documentation and receipts for all costs
related to the Advance Payment and provide such to the DEPARTMENT quarterly.
The SUBRECIPIENT is required to retain all documentation which adequately identifies the source and
application of Public Assistance funds, including the federal indirect cost reimbursement, for six years
following the closure of this disaster grant. For all funds received, source documentation includes
adequate accounting of actual costs and recoveries incurred.
The SUBRECIPIENT shall also comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete the FFATA Form located at
http://mil.wa.gov/emergency-management-division/grants/requiredgrantforms and return to the
DEPARTMENT; which is incorporated by reference and made a part of this Agreement.
Quarterly Reports: The SUBRECIPIENT is required to submit to the DEPARTMENT a quarterly report
indicating the status of all their large projects. The status shall identify the costs incurred to date, the
percentage of work completed, the anticipated completion date of the project and whether cost under
runs or over runs are expected. In addition, the SUBRECIPIENT should note in the comment field any
challenges or issues associated with the project. Failure to submit a complete quarterly report within 15
days following the end of the quarter will result in suspension of all payments to the SUBRECIPIENT
until a complete quarterly report is received by the DEPARTMENT. The quarterly report will serve as
the basis for any FEMA Office of Chief Financial Officer (OCFO) funds reduction.
6. TIME EXTENSIONS
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A time extension request is required to be forwarded to the DEPARTMENT by the SUBRECIPIENT for
a project prior to the expiration of the approved completion date. If the project is approved and funded
after the statutory approval time period for completion, then a time extension request must be submitted
to the DEPARTMENT within fifteen days of receipt of the funding package.
In accordance with 44 CFR 206.204, the DEPARTMENT reserves the right, in its sole discretion, to
consider and approve a time extension request after expiration of the approved completion date and
within the DEPARTMENT’s statutory extension authority. Requests for time extensions beyond the
DEPARTMENT’s authority will be considered and approved by FEMA, at their sole discretion.
All determinations made regarding time extension requests will be based on a case by case evaluation
of specific factual circumstances.
A time extension request must be in writing and identify the Project Worksheet number, the reason the
project has not been completed within the prior approved completion period, the reason the time
extension request was not submitted prior to the statutory approval time period (if applicable), a current
status of the completion of the work, a detailed timeline for completion of the remaining elements, and
an anticipated completion date for the completion of the remaining work. Failure to submit a time
extension request in a timely manner may result in denial of the time extension request, and loss of
funding for the related project.
7. PROCUREMENT
The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.318 through
200.326 and as specified in the General Terms and Conditions, Exhibit A.11.
8. SUBRECIPIENT MONITORING:
a. The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to closeout. The
goal of the DEPARTMENT’s monitoring activities will be to ensure that agencies receiving federal
pass-through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the SUBRECIPIENT shall
complete and return to the DEPARTMENT 2 CFR Part 200 Subpart F Audit Certification Form
located at http://mil.wa.gov/emergency-management-division/grants/requiredgrantforms with the
signed Agreement and each fiscal year thereafter until the Agreement is closed, which is
incorporated by reference and made a part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports;
ii. monitoring and documenting the completion of Agreement deliverables;
iii. documentation of phone calls, meetings, e-mails, and correspondence;
iv. review of reimbursement requests and supporting documentation to ensure eligibility
and consistency with Agreement work plan, budget, and federal requirements;
v. observation and documentation of Agreement related activities;
vi. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined above
and in 2 CFR Part 200 Subpart F, for any non-federal entity to which the SUBRECIPIENT makes
a subaward as a pass-through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a Corrective Action Plan. If the SUBRECIPIENT fails to comply with federal or
state statutes or regulations, or the terms and conditions of this Agreement, the DEPARTMENT
may impose any additional subaward conditions as described in 2 CFR 200.208. If the
DEPARTMENT determines that noncompliance cannot be remedied by imposing additional
conditions, it may take one or more of the following actions:
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Public Assistance Grant Agreement Page 7 of 21 City of Renton, D24-366
i. Temporarily withhold cash payments pending correction of the deficiency by the
SUBRECIPIENT.
ii. Wholly or partially suspend or terminate the subaward to the SUBRECIPIENT.
iii. Initiate suspension or debarment proceedings under 2 CFR 180 or recommend such
a proceeding be initiated by the federal awarding agency.
iv. Withhold further federal awards for the project or program.
v. Take any other remedies that may be legally available.
f. The DEPARTMENT agrees to:
i. Provide technical assistance during all monitoring or evaluation activities. The
DEPARTMENT will coordinate and schedule the meetings necessary to conduct and
complete all monitoring and evaluation activities.
ii. Develop the SUBRECIPIENT’s project worksheet(s) (PW) and supporting attachments with
FEMA and the SUBRECIPIENT’s assistance based upon the costs determined to be eligible.
iii. Submit the SUBRECIPIENT’s funding package to FEMA.
iv. Notify the SUBRECIPIENT when funding approval is received, issue payment per the
process described above see Article II, A.4 – Payments, and provide the SUBRECIPIENT
with a copy of the approved project worksheet.
v. Work with the SUBRECIPIENT to resolve any issues identified during the monitoring
process.
vi. Review and respond appropriately to the SUBRECIPIENT’s requests for time extensions and
changes.
9. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
All subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP
may entail providing language assistance services, including oral interpretation and written translation.
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
(August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS published the
required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient
Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such
as how a recipient can determine the extent of its obligation to provide language services; selecting
language services; and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer to the DHS
Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported-
organizations-provide-meaningful-access-people-limited and additional resources on
http://www.lep.gov.
A. FEMA STATE AGREEMENT TERMS AND CONDITIONS
As a subrecipient of FEMA funding, the SUBRECIPIENT shall comply with all applicable DHS/FEMA
terms and conditions of the Presidential Declaration and the FEMA State Agreement, which are
incorporated in and made a part of this Agreement in Appendix F of the Washington State Public
Assistance Applicant Manual dated April 28, 2024 (Attachment 4).
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Attachment 2
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the following terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a."DEPARTMENT” means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials
lawfully representing that DEPARTMENT. The DEPARTMENT is a recipient of a federal award
directly from a federal awarding agency and is pass-through entity making a subaward to a
subrecipient under this Agreement.
b."SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from
the DEPARTMENT. However, the definition of “subrecipient” is the same as in 2 CFR 200.93 for all
other purposes. “Monitoring Activities” means all administrative, construction, financial, or other
review activities that are conducted to ensure compliance with all state and federal laws, rules,
regulations, authorities and policies.
c.“Project” means those actions funded through the Public Assistance Program and described in
approved Project Worksheets. Projects may include one or more of the following: reimbursement of
costs for emergency response, debris removal and/or repair or restoration of damaged public
facilities. A project may be a small, large, improved, or alternate project.
d.“Investment Justification” means grant application investment justification submitted by the
SUBRECIPIENT describing the project for which federal funding is sought and provided under this
Agreement. Such grant application investment justification is hereby incorporated into this
Agreement by reference.
A.2 ADVANCE PAYMENTS
The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be
provided under this Agreement, except as required under 2 CFR 200.305 for federal grants.
SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such
goods or services, except as authorized under 2 CFR 200.305.
Pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C §5121-
5207), Advance Payment process, FEMA may process a SUBRECIPIENT project worksheet which is
provided to the state of Washington for direct disbursement to SUBRECIPIENT.
Pursuant to these provisions and RCW 43.88.160(5), these grant funds are not subject to the advance
payments prohibition and will be disbursed immediately to SUBRECIPIENT as grants authorized by law
with subsequent authentication and certification of expenditures.
A.3 AMENDMENTS AND MODIFICATIONS
The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of
this Agreement. Modifications may be requested for Grant Agreement end date, budget or scope
change. However, such amendment or modification shall not be binding, take effect or be incorporated
herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the
SUBRECIPIENT. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 , PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR
Part 35.
Except as provided herein, the Subrecipient must comply with the ADA, which provides comprehensive
civil rights protection to individuals with disabilities in the areas of employment, public accommodations,
state and local government services, and telecommunication. If the ADA does not apply to the
Subrecipient because the Subrecipient is a federal recognized Indian Tribe, then the acceptance by the
Tribe of, or acquiescence to, these General Terms and Conditions does not change or alter its
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inapplicability to the Indian Tribe. The execution of grant documents is not intended to change, alter,
amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
A.5 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH
The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to
eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in
any part of the application may be deemed a breach of this Agreement.
A.6 ASSURANCES
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations. In
addition, as a SUBRECIPIENT of FEMA funding, the SUBRECIPEINT shall comply with all applicable
DHS terms and conditions as specified in Appendix F of the Washington State Public Assistance
Applicant Manual dated April 28, 2024 incorporated in this Agreement as Attachment 4.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this Agreement by any federal department or agency.
The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-
management-division/grants/requiredgrantforms. Any such form completed by the SUBRECIPIENT for
this Agreement shall be incorporated into this Agreement by reference.
Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the
federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies
that it will ensure that potential sub-contractors or sub-recipients or any of their principals are not
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in “covered transactions” by any federal department or agency. “Covered transactions”
include procurement contracts for goods or services awarded under a non-procurement transaction
(e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to
sub-recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply
with this provision by obtaining a certification statement from the potential sub-contractor or sub-
recipient or by checking the System for Award Management (http://www.sam.gov) maintained by the
federal government. The SUBRECIPIENT also agrees not to enter into any arrangements or contracts
with any party on the Washington State Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx).
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge
and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
(3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be
included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, and is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. 1352.
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A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not
limited to: nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by
Executive Order 11375 of October 13, 1967, as supplemented by Department of Labor regulations (41
CFR chapter 60); Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the
Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency
regulations (40 CFR part 15); Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5); Energy
Policy and Conservation Act (PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities
Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of
1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended),
Title 44 of the Federal Regulations, 2 CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant
Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing
Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building
Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92),
and safety and health regulations.
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations.
In the event of the SUBRECIPIENT’s or its contractor’s noncompliance or refusal to comply with any
applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion.
The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with
applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT
or its designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a
provision prohibiting such interest pursuant to this provision.
A.11 CONTRACTING & PROCUREMENT
a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-contractors that are entered into under the original contract
award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General
procurement standards through 200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under
this Agreement must include the following provisions, as applicable:
1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or breach contract terms, and provide for
such sanctions and penalties as appropriate.
2. All contracts in excess of $10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be effected and the basis for settlement.
3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
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1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
4. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
8. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
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Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
10. Procurement of recovered materials -- As required by 2 CFR 200.322, a non-Federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials identified
in the EPA guidelines.
11. Notice of Federal awarding agency requirements and regulations pertaining to reporting.
12. Federal awarding agency requirements and regulations pertaining to copyrights and rights in data.
13. Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the
Comptroller General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
14. Retention of all required records for six years after the SUBRECIPIENT has made final payments
and all other pending matters are closed.
15. Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.
L. 94–163, 89 Stat. 871).
16. Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for Infrastructure
Projects,” the DEPARTMENT encourages SUBRECIPIENTS to use, to the greatest extent
practicable and consistent with the law, iron and aluminum as well as steel, cement and other
manufactured products produced in the United States, in Public Assistance and Hazard Mitigation
Grant Program eligible public infrastructure repair and construction projects affecting surface
transportation, ports, water resources including sewer and drinking water and power. Such
preference must be consistent with the law, including cost and contracting requirements of 2 CFR
Part 200.
17. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and
documents, and require the SUBRECIPIENT to make changes to bring its plans and documents
into compliance with the requirements of 2 CFR Part 200.318 through 2 CFR 200.326. The
SUBRECIPIENT must ensure that its procurement process requires contractors and
subcontractors to provide adequate documentation with sufficient detail to support the costs of the
project and to allow both the SUBRECIPIENT and DEPARTMENT to make a determination on
eligibility of project costs.
18. All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.12 DISCLOSURE
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The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose
not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT's
responsibilities with respect to services provided under this Agreement is prohibited except by prior
written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other
law, or court order.
A.13 DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and
it cannot be resolved through discussion and negotiation, either party may request a dispute resolution
panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the
disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the DEPARTMENT, a representative appointed by the
SUBRECIPIENT and a third party mutually agreed upon by both parties. The panel shall, by majority
vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and
costs, and share equally the cost of the third panel member.
A.14 DUPLICATION OF BENEFITS
The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not,
or will not, duplicate benefits or funds received for the same loss from any other source. The
SUBRECIPIENT will pursue, and require sub-recipients to pursue, full payment of eligible insurance
benefits for properties or any other losses covered in a project under this Agreement. The
SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are
duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek
recovery against any party or parties whose negligence or other intentional or tortious conduct may
have caused or contributed to the expenditures for which these grants funds are provided. The
SUBRECIPIENT will repay the DEPARTMENT any funds recovered by settlement, judgment or other
court order in an action to recover funds provided by this grant. The SUBRECIPIENT shall notify the
DEPARTMENT as early as possible and work in conjunction with the DEPARTMENT and FEMA to
ensure appropriate apportionment of any duplicated or recovered payment.
A.15 HAZARDOUS SUBSTANCES
The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the
presence of any hazardous substances at the proposed development/construction project site. The
SUBRECIPIENT will be responsible for any associated clean-up costs. "Hazardous Substance" is
defined in RCW 70A.305.020.
A.16 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and
hold harmless the DEPARTMENT, the State of Washington, and the United States Government and
their authorized agents and employees, from all claims, actions, costs, damages or expenses of any
nature whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the
State of Washington and their authorized agents and employees in any litigation; including payment of
any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection
with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result
from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or
employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence
of the SUBRECIPIENT, or SUBRECIPIENT's agents or employees.
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Insofar as the funding source, the DEPARTMENT of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the federal government, the following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.17 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the DEPARTMENT’s Authorized Signature and the Authorized
Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties Authorized Signature representatives. Further, only the Authorized Signature
representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement
requests, certification of project completion, time extension requests, amendment and modification
requests, requests for changes to project status, and other requests, certifications and documents
authorized by or required under this Agreement.
A.18 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the
DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate or
suspend all or part of the Agreement as a “Termination for Cause” without providing the
SUBRECIPIENT an opportunity to cure. Alternatively, the parties may renegotiate the terms of this
Agreement under “Amendments and Modifications” to comply with new funding limitations and
conditions, although the DEPARTMENT has no obligation to do so.
A.19 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the SUBRECIPIENT.
A.20 NONDISCRIMINATION
The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual
orientation, religion, national origin, marital status, honorably discharged veteran or military status, or
disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to
discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement.
A.21 NOTICES
The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
local, state and federal laws and shall maintain a record of this compliance.
A.22 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUBRECIPIENT represents and warrants that its workplace does now or will meet all applicable
federal and state safety and health regulations that are in effect during the SUBRECIPIENT's
performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees
to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability,
damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees
assessed against the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed
with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership
interest or title to such property of the SUBRECIPIENT. The SUBRECIPIENT shall assume all
liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT
and the State of Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
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A.24 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot
issue.
A.25 PRIVACY
Personal information collected, used or acquired in connection with this agreement shall be used solely
for the purposes of this agreement. SUBRECIPIENT and its subcontractors agree not to release,
divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information
without the express written consent of the DEPARTMENT or as provided by law or court order.
SUBRECIPIENT agrees to implement physical, electronic and managerial safeguards to prevent
unauthorized access to personal information.
The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information
collected, used or acquired by the SUBRECIPIENT through this contract. The monitoring, auditing or
investigating may include but is not limited to “salting” by the DEPARTMENT. Salting is the act of
placing a record containing unique but false information in a database that can be used later to identify
inappropriate disclosure of data contained in the database.
Any breach of this provision may result in termination of the contract and the demand for return of all
personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT
for any damages related to the SUBRECIPIENT’s unauthorized use, loss or disclosure of personal
information.
For purposes of this provision, personal information includes, but is not limited to, information
identifiable to an individual that relates to a natural person’s health, finances, education, business, use
or receipt of governmental services, or other activities, names, addresses, telephone numbers, social
security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers
and other identifying numbers.
A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or any other
approval or concurrence under this Agreement provided; however, that reasonable fees or bona fide
technical consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
A.27 PUBLICITY
The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and
publicity matters relating to this Agreement wherein the DEPARTMENT’s name is mentioned or
language used from which the connection of the DEPARTMENT’s name may, in the DEPARTMENT’s
judgment, be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising
and publicity matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may
copyright original work it develops in the course of or under this Agreement; however, pursuant to 2
CFR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use the work for government purposes.
The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to, the project.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
the DEPARTMENT and FEMA’s financial support, by CFDA number, and a statement that the
publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.28 RECAPTURE PROVISION
In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with
applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the
DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
noncompliance. Such right of recapture shall exist for the life of the project following Agreement
termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur
within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to
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enforce the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof,
including attorney fees.
A.29 RECORDS AND REPORTS
a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the
SUBRECIPIENT's contracts, subawards, grant administration, and payments, including all direct
and indirect charges, and expenditures in the performance of this Agreement (the “records”).
b. The SUBRECIPIENT's records related to this Agreement and the projects funded may be inspected
and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA
or their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together
with suitable space for such purpose, at any and all times during the SUBRECIPIENT's normal
working day.
d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) year must be followed.
A.30 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which funds are provided under this Agreement
shall be liable for the costs incurred by the state and federal governments in responding to such
disaster. In addition to its own duty to recover duplicated funds or funds expended due to the
intentional or negligent actions of others. SUBRECIPIENT will cooperate in a reasonable manner with
the DEPARTMENT and the United States in efforts to recover expenditures under this Grant
Agreement.
A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of
work/work plan (project) by providing grant funds pursuant to this Agreement, the project itself remains
the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the
SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and
maintenance of the project, as these phrases are applicable to this project, is solely that of the
SUBRECIPIENT, as is responsibility for any claim or suit of any nature by any third party related in any
way to the project.
Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable
Federal, State, and local permits and clearances are obtained, including but not limited to FEMA
compliance with the National Environmental Policy Act, the National Historic Preservation Act, the
Endangered Species Act, and all other environmental laws and executive orders.
The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which
may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall
not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or
agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost
of defense and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party
related to any design, development, construction, implementation, operation and/or maintenance of a
project.
A.32 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its
application to any person or circumstances invalid, this invalidity does not affect other provisions, terms
or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the
terms and conditions of this Agreement are declared severable.
A.33 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
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Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program-specific audit conducted
in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a
year in federal awards are exempt from federal audit requirements for that year, except as noted in 2
CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity” means a State,
local government, Indian Tribe, institution of higher education, or non-profit organization that carries out
a federal award as a recipient or subrecipient.
SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance
with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government
Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General
and the OMB Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its
auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the
Washington State Auditor’s Office, a federal auditor, or a public accountant performing work using
GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2
CFR Part 200 Subpart F.
The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any subrecipients or contractors also maintain auditable records.
The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of
its subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report.
The SUBRECIPIENT must respond to DEPARTMENT requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves
the right to recover from the SUBRECIPIENT all disallowed costs resulting from the audit.
Once the single audit has been completed and includes and audit findings, the SUBRECIPIENT must
send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9)
months after the end of the SUBRECIPIENT’s fiscal year(s) to:
Contracts.Office@mil.wa.gov
Subject: Subrecipient Name, Single Audit and Corrective Action Plan
OR
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If Contractor claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
SUBRECIPIENT must send a letter identifying this Agreement and explaining the criteria for exemption
no later than nine (9) months after the end of the SUBRECIPIENT’s fiscal year(s) to the address listed
above.
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption
from the audit requirements of this provision has been established.
The SUBRECIPIENT shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a
material requirement of this Agreement. In the absence of a valid claim of exemption from the audit
requirements of 2 CFR Part 200 Subpart F, the SUBRECIPIENT’s failure to comply with said audit
requirements may result in one or more of the following actions in the DEPARTMENT’s sole discretion:
a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR
Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards
until the audit is conducted and submitted; or termination of the federal award.
AGENDA ITEM #5. b)
Public Assistance Grant Agreement Page 18 of 21 City of Renton, D24-366
A.34 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
SUBRECIPIENT, and/or employees or agents performing under this Agreement are not employees or
agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented
as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by
reason of this Agreement, nor will the SUBRECIPIENT make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of
Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation
coverage, unemployment insurance benefits, social security benefits, retirement membership or credit,
or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the SUBRECIPIENT is another state department, state agency, state university,
state college, state community college, state board, or state commission, that the officers and
employees are employed by the State of Washington in their own right and not by reason of this
Agreement.
A.35 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and
maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit
charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or
regulation that are applicable to Agreement performance.
A.36 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement
by providing written notice of such termination to the DEPARTMENTs Key Personnel identified in the
Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the
best interests of the State of Washington, may terminate this Agreement in whole or in part by providing
ten (10) calendar days written notice, beginning on the second day after mailing to the
SUBRECIPIENT. Upon notice of termination for convenience, the DEPARTMENT reserves the right to
suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from
incurring additional obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable
for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in
this section shall not be exclusive and are in addition to any other rights and remedies provided by law.
A.37 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill
in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition
so as to endanger performance hereunder, is in violation of any laws or regulations that render the
SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend
or terminate this Agreement in whole or in part.
The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and
provide a period of time in which to cure. The DEPARTMENT is not required to allow the
SUBRECIPIENT an opportunity to cure if it is not feasible as determined solely within the
DEPARTMENT’s discretion. Any time allowed for cure shall not diminish or eliminate the
SUBRECIPIENT’s liability for damages or otherwise affect any other remedies available to the
DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure, the
DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the
DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds during
investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENT, if
allowed, or pending a decision by the DEPARTMENT to terminate the Agreement in whole or in part.
In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law,
including but not limited to, any cost difference between the original Agreement and the replacement or
AGENDA ITEM #5. b)
Public Assistance Grant Agreement Page 19 of 21 City of Renton, D24-366
cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost
of administering the competitive solicitation process, mailing, advertising and other associated staff
time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive
and are in addition to any other rights and remedies provided by law.
If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to
perform was outside of the SUBRECIPIENT’s control, fault or negligence, the termination shall be
deemed to be a “Termination for Convenience”.
A.38 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the
SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of
this Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may
require the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or
acquired for the performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT the agreed
upon price, if separately stated, for properly authorized and completed work and services rendered or
goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement
termination, and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i)
completed work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided which are
accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are
accepted by the DEPARTMENT, and (iv) the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of
this Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the
liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the
SUBRECIPIENT for termination. The DEPARTMENT may withhold from any amounts due the
SUBRECIPIENT such sum as the DEPARTMENT determines to be necessary to protect the
DEPARTMENT against potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and
are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in
writing, the SUBRECIPIENT shall:
a.Stop work under the Agreement on the date, and to the extent specified, in the notice;
b.Place no further orders or sub-contracts for materials, services, supplies, equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of such
portion of the work under the Agreement as is not terminated;
c.Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the
DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and
sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and contracts;
d.Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-
contracts, with the approval or ratification of the DEPARTMENT to the extent the
DEPARTMENT may require, which approval or ratification shall be final for all the purposes of
this clause;
e.Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent
directed by the DEPATMENT any property which, if the Agreement had been completed, would
have been required to be furnished to the DEPARTMENT;
f.Complete performance of such part of the work as shall not have been terminated by the
DEPARTMENT in compliance with all contractual requirements; and
g.Take such action as may be necessary, or as the DEPARTMENT may require, for the protection
and preservation of the property related to this Agreement which is in the possession of the
SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest.
A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to
assure that minority firms, women's business enterprises, and labor surplus area firms are used when
AGENDA ITEM #5. b)
Public Assistance Grant Agreement Page 20 of 21 City of Renton, D24-366
possible and will take all necessary affirmative steps to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Agreement. The following
steps are required by the subrecipient if any contracts with contractors or sub-contractors are entered
into under the original contract award:
a.Placing qualified small and minority businesses and women’s business enterprises on
solicitation lists;
b.Assuring that small and minority businesses, and women’s business enterprises are solicited
whenever they are potential sources;
c.Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women’s business
enterprises;
d.Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority businesses, and women’s business enterprises; and
e.Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of
Commerce.
The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the
State of Washington MWBE goals, as identified in. WAC 326-30-041.
A.40 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Except for as provided herein, venue of any
suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County,
Washington, and the Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the
courts of the state of Washington. Provides, that if the Subrecipient is a federally recognized Indian
Tribe, the parties agree that, in the event either party to this Agreement commences any suit relating to
or arising from the Agreement, the United States District Court for the Western District of the State of
Washington shall have the sole and exclusive jurisdiction over such proceeding. If the court lacks
federal subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for
the limited purpose of permitting the State to enforce the terms of this Agreement in the Superior Court
of Washington under Washington law, and venue for such suit shall be the Superior Court of Thurston
County, Washington. This limited waiver of sovereign immunity is solely for the benefit of the State.
This limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of
any other person or entity, and the Tribe does not waive its immunity with respect to any action brought
by, or on behalf of, any other entity or person.
A.41 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any
provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of
any performance during such breach, shall not constitute a waiver of any right under this Agreement.
AGENDA ITEM #5. b)
Public Assistance Grant Agreement Page 21 of 21 City of Renton, D24-366
Attachment 3
PROJECT WORKSHEET SAMPLE
U.S. DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PROJECT WORKSHEET
O.M.B. No. 1660-0017
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and fin ancial
resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments
regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the bur den
to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500
C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660 -0017). You are not required to
respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not
send your completed form to this address.
DISASTER PROJECT NO.
PA ID NO.
DATE
CATEGORY
F
E
M
A
-
-
F
M
D
R
-
R
DAMAGED FACILITY
WORK COMPLETE AS OF:
: %
SUBRECIPIENT
COUNTY
LOCATION
LATITUDE
LONGITUDE
DAMAGE DESCRIPTION AND DIMENSIONS
SCOPE OF WORK
Does the Scope of Work change the pre-disaster conditions at the site? Yes No
Special Considerations issues included? Yes No Hazard Mitigation proposal included? Yes No
Is there insurance coverage on this facility? Yes No
PROJECT COST
I
T
E
M
CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST
/
/
/
/
/
/
/
/
/
TOTAL COST
PREPARED BY
TITLE
SIGNATURE
SUBRECIPIENT REP.
TITLE
SIGNATURE
FEMA Form 90-91, FEB 06 REPLACES ALL PREVIOUS EDITIONS.
AGENDA ITEM #5. b)
Date forms will be submitted:
HOW TO COMPLETE THE SUPPLEMENTAL CONTRACTING DOCUMENTS
Event Information:
Disaster Number:
Event Name: Severe Winter Storms, Straight-line Winds, Flooding, Landslides, and Mudslides
Declaration Date: April 28, 2024
Contract #:
FIPS #:
Step 1: Complete the following information to populate the forms.
1.Enter the date the forms will be submitted to EMD.
2.Enter jurisdiction/organization/subgrantee name and address.
Applicant Name:
Doing Business As:
County:
Street Address:
Mailing Address:
City: State: Zip:
3.Enter tax identification number (TIN/EIN), state revenue # (UBI) and UEI #. The TIN # and UEI #
are required.
Tax Identification Number:
State Business # (UBI):
Unique Entity ID (UEI):
If you do not know your organization’s UEI #, please contact your comptroller, accountant, or finance
department. They should be able to give it to you. Smaller jurisdictions (such as irrigation districts) may not
already have one, but you can register your organization on SAM.gov. An entity registration allows your
organization the opportunity to receive Federal grant assistance. When registering your organization,
please be included in the public search. The following information is requested:
•Legal Business Name
•Physical Address (A post office box may not be used as your physical address)
•Date of Incorporation
•State of Incorporation
Please note: The UEI number has to match the name on the Federal grant application (Request for Public
Assistance)
AGENDA ITEM #5. b)
UG2PSBS6UJJ3
D24-366
033-57745-00
City of Renton
King
1055 S Grady Way, Renton, WA 98057
Renton WA 98057
91-6001271
177-000-094
4775-DR-WA
Do you have an account already established with the State and have you received funds from the state
within the past 2 years?
Yes and the account information is current – we will need your Statewide Vendor Number , please list it here:
Yes, but I need to make changes to the account information – please continue to
https://ofm.wa.gov/it- systems/accounting-systems/statewide-vendorpayee-services , the
Vendor/Payee registration website. Select Vendor/Payee Change form and complete per their
instructions.
No - please continue to https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services , the Vendor/Payee registration website. Select Vendor/Payee
4.Do you have an account already established with the State of Washington?
5.Complete the section above if you do not have an open account with the State of Washington or any
changes need to be made. You may also need to complete this section if you have not received funds
from the State for 2 years. This information will be filled in on page 13. If all information is current, skip this
section.
Section Below is the Authorized Financial Representative that will sign the Audit/ FFATA form.
Contact Person:
Phone:
Fax:
Email:
6.Type of Applicant.
Enter the letter corresponding to the type of applicant:
A - State F – Higher Educational Institution
B – County G – Indian Tribe
C - City H – Private NonProfit
D – School District I – Other (Specify)
E – Special Purpose District (includes Diking Districts, Fire Districts, Water Districts,
etc.)
If I: Other, specify type of organization (this is rare)
7.Enter congressional district numbers and legislative district numbers located within in your jurisdiction.
If you don’t know them, check out http://app.leg.wa.gov/districtfinder/
Congressional District Number(s):
Legislative District Number(s):
8.Enter information regarding the primary contact. This is the person who will be our main day-to-day
contact and will be signing most documents, such as time extensions, A-19 invoices, SOD/FIR, etc.
This person must be named in the designation letter or resolution as the applicant agent. It is
recommended that this person not be the authorizing authority such as the mayor or superintendent.
Name:
Title:
Phone:
Fax:
Email:
9.Enter information regarding the alternate agent. This person can also sign documents, such as
x
0012200
AGENDA ITEM #5. b)
Deborah Needham
Roseanne Do
425-430-6952
n/a
rdo@rentonwa.gov
C
8, 9
11
Emergency Mgmt Director
425-430-7725
n/a
em@rentonwa.gov
SWV-
time extensions, A-19 invoices, SOD/FIR, etc. and must be named in the designation letter or
resolution as the alternate.
10.If the highest elected official or head authorizing authority is to be the applicant agent or alternate, then
a resolution format must be used to designate the applicant agent and alternate. This section can be
skipped if the highest elected official or head authorizing authority is not to be the applicant agent or
alternate. This section can also be skipped if the jurisdiction has its own resolution format. Examples of
governing body are the County Board of Commissioners, City Council, and School Board.
Date of resolution: Day: Month: Year:
Governing Body:
Individual certifying that the resolution is true and correct copy (usually clerk)
Name: Title:
Date certifying resolution:
11.Enter the name, title, and term of office for the highest elected official or highest authorizing authority.
This needs to be the person signing the designation letter or the person(s) signing the resolution. At
least one is required. This person cannot be the applicant agent or alternate in sections 8 and 9.
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
12.Enter the name and title of anyone authorized to sign contracts.
Name: Title:
Name: Title:
Name: Title:
13.Enter the name and title of anyone authorized to sign SOD/FIR, A-19 vouchers, time extensions, or other
documentation pertaining to the grant or reimbursement thereof.
Name: Title:
Name: Title:
14. Enter name, email, and phone of Chief Financial Officer.
Name:
Email:
Phone:
15. The authorized Chief Financial Officer completes and signs page 16: FFATA / Audit Certification F
Name:
Title:
Phone:
Fax:
Email:
AGENDA ITEM #5. b)
Roseanne Do
Senior Grants Analyst
425-430-6952
n/a
rdo@rentonwa.gov
N/A
Armondo Pavone Mayor
Mayor
Chief Administrative Officer
Deputy CAO
Emergency Mgmt Director
Sr. Grants Analyst
Roseanne Do
rdo@rentonwa.gov
425-430-6952
Armondo Pavone
Ed Van Valey
Kristi Rowland
Deborah Needham
Roseanne Do
STEP 2:
STEP 3:
STEP 4:
STEP 5:
STEP 6:
STEP 7:
STEP 8:
STEP 9:
STEP 10:
STEP 11:
STEP 12:
The forms are now populated with the information entered in Step 1. Review the forms for accuracy. Continue to complete
pages 5 – 13 with the following steps:
On page 5, the Designation Letter will be completed if the applicant or alternate agent is not the highest
authorizing authority. The highest authorizing authority will sign the letter (ex: CEO, Board President, etc.).
See the next step if applicant or alternate agent will be the highest authorizing authority.
A Resolution, page 6, will be completed if the applicant agent or alternate is the highest authorizing authority.
The governing body passes and signs a Resolution. A Resolution format is provided on page 6 or you can
use your own resolution format. If your resolution format is used, the clerk of the governing body will sign a
copy of the Resolution.
Page 7, Disaster Assistance Application: the applicant and alternate agents will sign in their
respective places.
Page 8, Signature Authorization Form, the highest official and/or governing body signs in block. The applicant and
alternate agents sign in block 2. The individual who is signing the letter or resolution must sign in block 1. ANYONE who the
entity wishes to sign any documentation regarding the grant needs to sign in block 2 or block 3, this includes the applicant
agent or alternate and anyone who is signing A-19 vouchers, SOD/FIR's, and any additional grant paperwork.
Page 9, Debarment form, the applicant or alternate agent will sign.
Page 10, W-9, the applicant or alternate agent will sign.
Page 11 and 12, Audit Certification/FFATA, the authorized Chief Financial Officer will complete page11 and
sign page 12.
Page 13: If an account has not been established with the State, or if changes need to be made, please complete
the Vendor/Payee Registration form, or change form located at https://ofm.wa.gov/it-systems/accounting-
systems/statewide- vendor payee-services
If an account has already been established with the State and no changes need to be made, please provide
us with your SWV# by completing page 13: Statewide Payee page.
Please remember, TWO ORIGINAL COPIES OF THE GRANT AGREEMENT (sent as a separate
attachment) will need to be signed and submitted along with this Supplemental Contracts package. The
applicant agent, alternate agent, or highest authorizing authority can sign the Grant Agreement.
After all signatures are obtained on all forms, mail the following to:
Mr. Jonathan L. Holmes
Washington Military Department
Emergency Management Division
Public Assistance Program MS:
TA-20, Building 20-B Camp
Murray, WA 98430-5122
2 originals of contract/grant agreement
1 original of designation letter or 1 certified copy of resolution1 original
signature authorization form
1 original disaster assistance
application1 original debarment form
1 W-9
1 Audit Certification/FFATA form
1 Statewide Vendor Number sheet
Keep pages 1 - 3 (they do not need to be mailed to us) and copies of all forms for your records.
STEP 13: After the contract/grant agreement is executed by WA Military Department, one original
contract agreement will be mailed to the applicant agent. These should be kept for your
records.
If you have questions, please contact your Program Delivery Manager or Program Assistant.
AGENDA ITEM #5. b)
Mr.Jonathan L.Holmes
Washington Military Department
Public Assistance Program
MS:TA-20 Building 20-B
Camp Murray,WA 98430-5122
Re:Designated Applicant Agent
Dear Mr.Holmes:
The purpose of this letter is to designate the Applicant Agent and Alternate
authorized representatives for
Disaster:4775-DR-WA Severe Winter Storms,Straight-line Winds,Flooding,
Landslides,and Mudslides
Applicant:City of Renton
Applicant Agent:Deborah Needham
Alternate Applicant Agent:Roseanne Do
The purpose of this designation as the authorized representatives is to obtain federal
and/or State Emergency or Major Disaster Assistance funds.
These representatives are authorized to execute all contracts,certify completion of
projects,request payments,and prepare all required documentation for funding
requirements.
Sincerely,
Armondo Pavone
Mayor
AGENDA ITEM #5. b)
12/10/09
Designation of Applicant’s Agent
Resolution
Be it resolved by of
(Governing Body) (Public Agency)
, is hereby designated the authorized
(Name of New Agent) (Title)
representative and , is designated
(Name of Alternate) (Title)
the alternate for and in behalf of , a public
(Public Agency Name)
agency established under the laws of the state of Washington.
The purpose of this designation as the authorized representative is to obtain federal and/or state
emergency or disaster assistance funds. These representatives are authorized on behalf of the
to execute all contracts, certify completion of projects, request
payments, and prepare all required documentation for funding requirements.
Passed and approved this day of , 20 .
, ,
(Signature) (Title) (Signature) (Title)
, ,
(Signature) (Title) (Signature) (Title)
, ,
(Signature) (Title) (Signature) (Title)
Certification
I, , duly appointed and of ,
(Name) (Title) (Public Agency)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the of on the day of , 20 .
(Governing Body) (Public Agency)
Date:
(Official Position) (Signature)
AGENDA ITEM #5. b)
Roseanne Do
Emergency Mgmt Director
Senior Grants Analyst
City of Renton
City of Renton
N/A
N/A
City of Renton
N/A City of Renton
Mayor
DISASTER ASSISTANCE APPLICATION DEM - 131
Application Identifier: State Number:
Federal Disaster Number: 4759-DR-WA
Federal Catalog Number: 97.036 Title: Disaster Assistance Grants
Declaration Date: February 15, 2024
Applicant’s FEMA Project Application Number:
Legal Applicant Recipient:
Applicant’s Name:
Street Address:
Mailing Address: County:
City: State: WA Zip Code:
Applicant Agent: Contact Information:
Name: Phone:
Title: Fax:
E-mail:
Signature: Date:
Alternate Applicant Agent:
Name: Phone:
Title: Fax:
E-mail:
Signature: Date:
Type of Applicant:
A - State F - Higher Educational Institution
B - County G - Indian Tribe
C - City H - Private NonProfit
D - School District I - Other (Specify) Do not fill this in
E - Special Purpose District
Enter Appropriate Letter
Congressional District Number:
State Legislative District Number:
Governor's Authorized Representative:
Signature Date:
NOTE: Shaded blocks for WA EMD use.
AGENDA ITEM #5. b)
Deborah Needham
Roseanne Do
Emergency Mgmt Director
425-430-7725
n/a
em@rentonwa.gov
Senior Grants Analyst
425-430-6952
n/a
rdo@rentonwa.gov
C
D24-366
033-57745-00
City of Renton
1055 S Grady Way, Renton, WA 98057
Renton 98057
King
8, 9
11
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
PROJECT DESCRIPTION CONTRACT NUMBER
1.AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
2.AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
3.AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
\\NAC-1\VOL1\HOME\KARENB\….\WP\SIGNAUTH Revised 3/03
AGENDA ITEM #5. b)
Armondo Pavone Mayor
Mayor
Chief Administrative Officer
Deputy CAO
Armondo Pavone
Ed Van Valey
Kristi Rowland
Deborah Needham
Roseanne Do
Emergency Mgmt Director
Sr. Grants Analyst
City of Renton
D24-3664775-DR-WA
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1.Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2.Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3.Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
AGENDA ITEM #5. b)
AGENDA ITEM #5. b)
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
Washington Military Department Contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as (DBA)
ADDRESS Applicable Procurement
or Solicitation #, if any:
WA Uniform Business
Identifier (UBI)
Federal Employer Tax
Identification #:
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
1.By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2.The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3.The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
``Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,'' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature:
Print Name and Title:
Date:
91-6001271
Roseanne Do, Senior Grants Analyst
AGENDA ITEM #5. b)
City of Renton
177-000-094
1055 S Grady Way, Renton, WA 98057
D24-366
☐ ☐ ☐
☐
☐
☐
WASHINGTON MILITARY DEPARTMENT
Audit Certification and FFATA Reporting Form
CONTACT INFORMATION
Subrecipient Name (Agency, Local Government, or Organization):
Subrecipient Unique Entity Identifier (UEI) Number:
Authorized Financial Representative (Name and Title):
Address: WA
Email: Phone Number:
Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal
awards in a fiscal year shall have a single or program-specific audit conducted for that year. If your entity is not
subject to these requirements, you must complete Section A of this Form. If your entity is subject to these
requirements, you must complete Section B of this form. All subrecipients must complete the Federal Funding
Accountability and Transparency Act (FFATA) related questions in Section C of this Form. Failure to return this
completed Form to contracts.office@mil.wa.gov may result in delay of grant agreement processing,
withholding of federal awards or disallowance of costs, and suspension or termination of federal awards.
SECTION A: Entities NOT subject to the audit requirements of 2 CFR Part 200 Subpart F
(check all that apply)
We did not expend $750,000 or more of total federal awards during the preceding fiscal year.
We are a for-profit organization.
We are exempt for other reasons (describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws, and regulations
governing the program(s) in which we participate; that we are required to maintain records of federal
funding and to provide access to such records by federal and state agencies and their designees; and that
WMD may request and be provided access to additional information and/or documentation to ensure
proper stewardship of federal funds.
SECTION B: Entities that ARE subject to the audit requirements of 2 CFR Part 200 Subpart F
(Complete the information below and check the appropriate box)
We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for fiscal year [enter date]. There
were no findings related to federal awards or internal controls.
We completed our last 2 CFR Part 200 Subpart F Audit on 11/9/2023 for fiscal year 2022 and
there were findings related to federal awards and/or internal controls.
Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for fiscal year [enter date].
Provide a complete copy of the audit report electronically to contracts.office@mil.wa.gov or provide
the state audit number 1033587.
Page 1 of 2
Updated 2/11/2020
AGENDA ITEM #5. b)
UG2PSBS6UJJ3
Roseanne Do
City of Renton
1055 S Grady Way, Renton, WA 98057
rdo@rentonwa.gov 425-430-6952
☐ ☐
☐ ☐
SECTION C: Federal Funding Accountability and Transparency Act (check the corresponding answer)
In your preceding fiscal year, did your organization receive 80% or more of its gross revenues from federal
funding? Yes No
In your preceding fiscal year, did your organization receive $25,000,000 or more in federal funding?
Yes No
If you answered yes to the previous questions, WMD Contracts staff will request additional information to
comply with FFATA reporting.
I hereby certify that I am an individual authorized by the above identified entity (subrecipient) to complete
this form. Further, I certify that the above information is true and correct, and all material findings contained
in the audit report/statement have been disclosed. Additionally, I understand this form is to be submitted
every fiscal year for which this entity is a subrecipient of federal award funds from the Department until the
grant agreement is closed.
Signature of Authorized Financial Representative: Date:
AGENDA ITEM #5. b)
Statewide Vendor Number:
Please list your statewide vendor number below. If you do not have one or need to make changes, please
refer back to page 2 and 4 for further instructions on how to complete this task.
0012200
AGENDA ITEM #5. b)
SWV-
AB - 3638
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Therapeutic Court Interagency Agreement the Administrative Office
of the Courts
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Municipal Court
STAFF CONTACT: Stephanie Cantu, Interim Judicial Administrative Officer
EXT.: 6537
FISCAL IMPACT SUMMARY:
1-year interagency agreement between the Administrative Office of the Courts and the Renton Municipal
Court to support our Community Court efforts. Total financial allocation of $260,865.60 to be used for:
1. Personnel costs - $238,544.96
2. Staff equipment and technology - $2,520.64
3. Team training/travel - $9,800.00
4. Treatment services - $5,000.00
5. Recovery supports - $5,000.00
SUMMARY OF ACTION:
Renton Municipal Court is requesting approval of the Therapeutic Courts Interagency Agreement from the
Administrative Office of the Courts. This funding allocation will help offset costs associated with the Renton
Municipal Community Court program.
EXHIBITS:
A. Issue Paper
B. Therapeutic Courts Interagency Agreement
STAFF RECOMMENDATION:
Approval of the 1-year Therapeutic Courts Interagency Agreement issued by the Administrative Office of the
Courts, in the amount of $260,865.60 to assist with the expenses associated with the operation of the Renton
Municipal Community Court.
AGENDA ITEM #5. c)
Renton Municipal Court
Memorandum
DATE: July 30, 2024
TO: Ed Prince, Council President
Members of Renton City Council
CC: Armondo Pavone, Mayor
FROM:
Stephanie Cantu, Interim Judicial Administrative Officer
SUBJECT: Therapeutic Court Interagency Agreement Approval
ISSUE
Should the City approve a $260,865.60 Therapeutic Courts Interagency Agreement
between the Administrative Office of the Courts and the Renton Municipal Court?
BACKGROUND
In recognition of an immediate need to bring the Courts most at -risk clients - primarily
those suffering from addiction and mental health issues - together with resources
already available in the community, the Municipal Court launched a community court
model in July 2021. Community Court is a weekly calendar session that provides
qualified non-violent offenders, on-site access to services specializing in housing,
healthcare, chemical dependency, mental health, education, employment, licensing,
veteran services, etc., while holding them accountable and adjudicating their case.
To date, RMCC has graduated 26 participants. With a recidivism rate of only 7.6%, RMCC
graduates are going on to live productive and crime free lives. Many continue to give
back to the Renton community through the community service connections they made
in the program. All are in stable housing and almost all have secured gainful
employment or returned to school. RMCC works!
In order to support the effort of Community Courts statewide, the Administrative Office
of the Courts announced the availability of state funding to support new and existing
therapeutic courts in courts of limited jurisdiction for FY2025. Renton Municipal Court
previously applied for this ongoing funding stream in 2022-2023 and received
$202,633.00. We applied again in FY2024 and received $168,617.64. For FY2025, we
applied and were awarded a reimbursement allocation of $260,865.60.
Exhibit A
AGENDA ITEM #5. c)
Page 2 of 2
July 31, 2024
The Court will be required to report quarterly to AOC on the effectiveness of the
therapeutic court program. Performance tracking measures have already been
implemented and program results are being monitored.
PROPOSAL
The Court recommends that the City Council approve the Interagency Agreement
IAA25085 between the Administrative Office of the Courts and Renton Municipal Court
in the amount of $260,865.60. AOC funding begins July 1, 2024, and ends June 30,
2025.
The awarded funds will be disbursed under these categories:
Cost Category Amount
Personnel Costs $238,544.96
Staff Equipment & Technology $2,520.64
Team Training/Travel $9,800.00
Treatment Services $5,000.00
Recovery Supports $5,000.00
Total Amount $260,865.60
RECOMMENDED ACTION
Approve the Therapeutic Courts Interagency Agreement IAA25085 between the
Administrative Office of the Courts (AOC) and the Renton Municipal Court in the amount
of $260,865.60.
AGENDA ITEM #5. c)
IAA25XXX Page 1 of 6
INTERAGENCY AGREEMENT – IAA25XXX
BETWEEN
WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS
AND
X COURT
FOR THERAPEUTIC COURTS
THIS AGREEMENT (Agreement) is entered into by and between the Washington State
Administrative Office of the Courts (AOC) and Federal Way Municipal Court XXXX
Court), (individually known as “Party” and collectively known as “Parties”).
The Parties hereby enter into this Agreement whereby Court will perform certain services
for, and provide product deliveries to AOC. The Court is subject to the terms and
conditions specified in Attachment A and agrees to the following terms and conditions.
I. PURPOSE
The purpose of this Agreement is to provide reimbursements to assist Courts with costs
related to Therapeutic Court and must use funding to identify individuals before their court
with substance use disorders or other behavioral health needs and engage those
individuals with community-based therapeutic interventions within the Court’s jurisdiction
in accordance with the Court’s application, and Statement of Work (Attachment A).
II. REIMBURSEMENT
A. The awarded amount is $100,000.00 . Court will use funds as described in the
Attachment A and Attachment B.
B. General. AOC shall provide reimbursement to the Court for approved and
completed reimbursements by warrant or account transfer within 30 days of receipt
of a properly completed A-19 invoice and the completed data report as required
below.
III. PERIOD OF PERFORMANCE
Performance under this Agreement begins July 1, 2024 regardless of the date of execution,
and ends on June 30, 2025.
IV. COMPENSATION AND PAYMENT
A. AOC will reimburse the Court up to a maximum/NTE/ of $100,000.00 for payments
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
Renton Municipal Community Court
260,865.60
RENTON MUNICIPAL COMMUNITY COURT
IAA25085
IAA25085
260,865.60
AGENDA ITEM #5. c)
IAA25XXX Page 2 of 6
made by the Court during the period from July 1, 2024 to June 30, 2025 related to
the Therapeutic Court Program.
B. The Court shall submit invoices to AOC for expenditures no more frequently than
monthly, and no less frequently than quarterly. Invoices shall be submitted on state
form A-19.
C. Before payment can be processed, properly-completed A-19 invoices must be
submitted to payables@courts.wa.gov with CC to
CLJTherapeuticCourtsApplications@courts.wa.gov
D. If this agreement is terminated, the Court shall only receive payment for
performance rendered or costs incurred in accordance with the terms of this
agreement prior to the effective date of termination.
E. The Court shall maintain sufficient backup documentation of expenses under this
agreement.
F. Payments made by AOC within 30 days of receipt of a properly-completed A-19
invoice shall be deemed timely.
G. This amount includes expenses necessary or incidental to performing the items
under the Statement of Work, including, but not limited to, travel, lodging and per
diem related expenses. Court will submit an invoice after the completion and
acceptance of each deliverable listed in the Attachment A.
The awarded amount is $100,000.00 . The Court will use the funds for the following cost
categories:
Cost Category Amount
Personnel Costs
Staff Equipment & Technology
Team Training/Travel
Treatment Services
Recovery supports
Other Direct Costs
Total Amount
Up to 10% of funds can be moved from one or more spending category to another, but
any adjustments beyond 10% require the explicit written consent of AOC’s Point of
Contact, and in no case may the total amount exceed the total amount listed above.
Funds cannot be used for:
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
5,000.00
9,800.00
260,865.60
260,865.60
0.00
IAA25085
238,544.96
5,000.00
2,520.64
AGENDA ITEM #5. c)
IAA25XXX Page 3 of 6
replacing or supplementing the salary of current employees of the Court
employees must be taking on additional work or be a new employee to be eligible
for funding),
program incentives that constitute a gift or reward
items and activities outside of the cost categories listed in the Court’s contract.
V. BILLING PROCEDURES
Court will submit properly prepared Form A-19s via email to AOC Financial Services at
payables@courts.wa.gov and include a CC to
CLJTherapeuticCourtsApplications@courts.wa.gov. Invoices shall be submitted no less
frequently than quarterly during the term of the contract. Incorrect or incomplete invoices
shall be returned by AOC to Court for correction and reissuance, and may result in delays
in funding. All Invoices shall provide and itemize, at a minimum, the following:
A. Contract Number;
B. Court name, address, phone number;
C. Court Federal Tax Identification Number;
D. Description of Services to be provided;
E. Date(s) Services will be provided;
F. Total Invoice Price.
Payment will be considered timely if made by the AOC within thirty (30) calendar days of
receipt of a properly prepared invoice. Payment shall be sent to the address designated
by the Court.
The AOC may, in its sole discretion, terminate the contract or withhold payments claimed
by the Court for services rendered if the Court fails to satisfactorily comply with any term
or condition of this contract.
No payments in advance or in anticipation of services or supplies to be provided under
this contract shall be made by the AOC.
VI. REVENUE SHARING
A. AOC in its sole discretion, may initiate the revenue sharing. AOC will notify the
Court no later than May 1, 2025 that AOC intends to reallocate funding among
courts. If AOC determines the Court may not spend all monies available under the
Agreement, then AOC may reduce the Agreement amount. If AOC determines the
Court may spend more money than is available under the Agreement and for its
scope, then the AOC may increase Agreement amount.
B. If the AOC initiates the revenue sharing process, then the Court must submit a
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
IAA25XXX Page 4 of 6
final revenue sharing A19 to payables@courts.wa.gov and copy/cc to
CLJTherapeuticCourtsApplications@courts.wa.gov between July 11, 2025 and
August 1, 2025.
VII. APPROPRIATIONS
The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the Legislature of Washington State (Legislature) for the
performance of this Agreement. If sufficient appropriations and authorization are not
made or removed by the Legislature, this Agreement will terminate immediately upon
written notice being given by the AOC to the Court. The decision as to whether
appropriations are sufficient to perform the duties under this Agreement is within the sole
discretion of AOC.
VIII. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by agreement of the parties. Such amendments are
not binding unless they are in writing and signed by personnel authorized to bind each of
the parties.
IX. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this
Agreement shall continue to be employees or agents of that party and shall not be
considered for any purpose to be employees or agents of the other party.
X. RECORDS, DOCUMENTS, AND REPORTS
The Court shall maintain books, records, documents and other evidence of accounting
procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this agreement. These records shall
be subject at all reasonable times to inspection, review, or audit by personnel duly
authorized by the AOC and the Office of the State Auditor, or so authorized by law, rule,
regulation, or agreement. The Court will retain all books, records, documents, and other
material relevant to this agreement for six years after settlement, and make them
available for inspection by persons authorized by this provision.
XI. RIGHT OF INSPECTION
The Court shall provide right of access to its facilities to the AOC, or any of its officers, or
to any other authorized agent or official of the state of Washington at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance
under this agreement.
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
IAA25XXX Page 5 of 6
XII. DISPUTES
Disputes arising under this Agreement shall be resolved by a panel consisting of one
representative from the AOC, one representative from the Court, and a mutually agreed
upon third party. The dispute panel shall thereafter decide the dispute with the majority
prevailing. Neither party shall have recourse to the courts unless there is a showing of
noncompliance or waiver of this section.
XIII. TERMINATION
Either party may terminate this Agreement upon thirty (30) days written notice to the other
party. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the
effective date of termination.
XIV. GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws
of the state of Washington and any applicable federal laws. The provisions of this
Agreement must be construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and
any applicable statute or rule, the inconsistency will be resolved by giving precedence in
the following order:
A. Applicable state and federal statutes and rules;
B. This Agreement; and
C. Any other provisions of the agreement, including materials incorporated by
reference.
XV. ASSIGNMENT
The work to be provided under this Agreement, and any claim arising hereunder, is not
assignable or delegable by either party in whole or in part, without the express prior written
consent of the other party, which consent shall not be unreasonably withheld.
XVI. WAIVER
A failure by either party to exercise its rights under this Agreement does not preclude that
party from subsequent exercise of such rights and is not a waiver of any other rights under
this Agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original Agreement.
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
IAA25XXX Page 6 of 6
XVII.SEVERABILITY
If any provision of this Agreement, or any provision of any document incorporated by
reference is held invalid, such invalidity does not affect the other provisions of this
Agreement which can be given effect without the invalid provision and to this end the
provisions of this Agreement are declared to be severable.
XVIII.AGREEMENT MANAGEMENT
The program managers noted below are responsible for and are the contact people for all
communications and billings regarding the performance of this Agreement:
XIX.ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement are
considered to exist or to bind any of the parties to this agreement unless otherwise stated in
this Agreement.
AGREED:
Washington State Administrative
Office of the Courts
Court
Signature Date Signature Date
Dawn Marie Rubio
Name Name
State Court Administrator
Title Title
AOC Program Manager Court Point of Contact
Leah Niccolocci
PO Box 41170
Olympia, WA 98504-1170
Leah.niccolocci@courts.wa.gov
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
kmurphy@rentonwa.gov
Interim Judicial Administrative Officer
IAA25085
Renton, WA 98057
Sierra Simmons o/b/o Judge Kara Murphy Richards
6/25/2024
Stephanie Cantu
1055 South Grady Way
6/26/2024
AGENDA ITEM #5. c)
A-1
ATTACHMENT A: STATEMENT OF WORK
The Court must use funding to identify individuals before their Therapeutic Court with
behavioral health needs outlined in their application and engage those individuals with
community-based therapeutic interventions within the Therapeutic Court’s jurisdiction in
accordance with the Court’s funding application.
I. Use of Funds (including but not limited to – refer to budget and
allowable costs for):
Personnel Costs
Staff Equipment & Technology
Team Training/Travel
Treatment Services
Recovery Supports
Other Direct Costs
II. REPORTING
The Court shall submit quarterly reports to AOC documenting the progress of their
therapeutic court program and engage in technical assistance calls with the Behavioral
Health team quarterly. These reports shall provide:
The number of program participants (therapeutic court referrals, entries, opt in
agreements, active participants, terminations and graduations) for the
corresponding quarter,
the services provided to program participants for the corresponding quarter,
challenges faced by the Court in operating their therapeutic court program during
the corresponding quarter. On the following schedule:
Reporting schedule:
Period Quarter Report Due
07/01/24-09/30/24 1 10/15/24
10/01/24-12/31/24 2 01/15/25
01/01/25-03/31/25 3 04/15/25
04/01/25-06/30/25 4 7/15/25 (final report for the year)
Failure to submit a report by the due date will adversely affect the Court’s eligibility for
future funding.
Your AOC Program Manager will provide you with the link to the reporting portal via
email prior to the quarterly report due date. Other deliverables are required if
applicable to a specific Therapeutic Court. When there is any question about
deliverables, Court should communicate with the AOC Program Contact (refer to
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
A-2
section XIX of the agreement) to determine which deliverables are applicable to your
Court. When using these funds, other deliverables may include the following:
Planning
Therapeutic Court staff shall complete applicable Best Practice Standards
modules on-line courses/E-learning at https://allrise.org/trainings/online-courses/
Identify Target Population (e.g. eligibility and exclusion criteria, utilize valid Risk-
Needs-Responsivity tool – RNR).
Identify Team Roles and Responsibilities (judge, prosecutor, defense,
coordinator, case manager, etc.).
Equity and Inclusion (e.g. staff training, equity monitoring, equitable treatment,
equitable incentives, and sanctions).
Implementation
Develop guidelines, policies and procedures for therapeutic court structure,
including drug testing practices, incentive and response policies, phase structure,
and handbooks.
Hold stakeholder meetings (prosecution, defense, treatment, law enforcement,
probation, etc.)
Create Memorandum of Understanding (MOU’s) with stakeholders
Scale & Sustain
Begin evaluation of data to assess successes and areas of need by completing
the Washington Therapeutic Court Evaluation and Review (WATER) on an
annual basis, according to the period of performance of this award (Refer to
section III of the agreement). Process review/evaluation (after WATER).
Employ continuous quality improvement methods to refine the model, updating
model and adopted guidelines, policies and procedures as required, and as it
relates to Best Practice standards.
Develop system to track and evaluate performance of therapeutic court
programming.
Other
Attend regular meetings with the Administrative Office of the Court Behavioral
Health Program.
Attend trainings identified and/or provided by the Behavioral Health Program.
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
A-3
ATTACHMENT B: USE OF FUNDS
FY2025 Use of Funds
Allowable Expenses
Common allowable expenses listed below.
Supporting documents are required for all
allowable expenses. See what’s required
under each spending category.
Unallowable Expenses
The list of unallowable expenses is not
exhaustive. If you are unsure whether
your expense is allowable, please
contact
CLJTherapeuticCourtsApplications@cou
rts.wa.gov for clarification before making
a purchase.
Personnel Costs
Personnel salaries and benefits for staff
while working on therapeutic court duties
or procedures
Court Staff including:
Coordinator
Case Manager
Peer Support
Prosecution
Defense
Probation
Judicial Officers
o Judges
o Pro Tem Judges
o Commissioners
Supporting documents must list staff
member name, staff member title, pay
period
Payroll Ledgers
Pay Stubs
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
Personnel Costs
Court Staff including:
Security Personnel
Supporting the salary/benefits of any
staff member not related to the
therapeutic court
Indirect Cost
Staff Equipment & Technology Staff Equipment & Technology
Furniture
o Couches
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
A-4
Includes equipment, supplies,
software, and IT maintenance for staff
that support the programComputers
Cell Phones
Printers/Fax Machines
Staff Desk equipment and supplies
o Office Chairs for Staff
o Office Desk for Staff
o Desk Phone
o Keyboard/Mouse
o Monitor(s)
o Headsets
o Computer Webcams
o Desk Organizers/Storage
o Pens/Pencils
o Paper/Notebooks
o Paper Clips/Binders/Stapler
o A/V equipment for courtroom
o Other Office supplies
o Translation Services (program
materials)
IT Maintenance and Tech Support
Software Subscriptions
Supplies for community meetings and
staff retreats
Supporting documents must list name of
vendor, purchase date, amount paid, and
method of payment
Receipts
Invoices
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
o Beds
o Armoire
o Atelier
o Chaise longue
o Chifforobe
o Dresser
o TV Stands
o Bookcases
o Accent Chairs
o Conference Table
Software
o New subscriptions for case
management software
o OCourt Subscriptions
Other Technology
o A/V equipment for conference
rooms
Team Training/Travel
Training for program staff on the use of
Risk-Needs-Responsivity (RNR)
assessments and evidence-based
treatment modalities.
Team Training/Travel
Training and travel expenses not pre-
approved by AOC staff
Staff mileage to/from work site
Purchase of vehicles
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
A-5
Exceptions to below list can be submitted
for preapproval to
CLJTherapeuticCourtsApplications@court
s.wa.gov
Prioritized Trainings
WSADCP trainings/conferences
All Rise trainings/conferences
Other Eligible Training Suggestions upon
approval of contract team
NADCP trainings/conferences
Center for Justice Innovation (CJI)
trainings/conferences
Travel expenses related to training
Meals (per diem rate)
Air travel – travel insurance/refundable
tickets recommended
Lodging (per diem rate) – the AOC will
not reimburse until after checkout
Transportation
o Mileage
o Car rental
o Parking
o Other Transport
Ferries
Taxis
Uber/Lyft
Bus fare
Shuttle fare
Subway/Link/Railway
fare
Tips cover transportation and must not be
over 15% of purchase total.
Supporting documents must list names
and titles of therapeutic court staff
attending, name of vendor, purchase date,
amount paid, and method of payment
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
A-6
Receipts (receipts not required for
meals, the AOC reimburses at the
per diem rate)
Invoices
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
Treatment Services
Treatment services not covered by
participants’ insurance or co-insurance,
costs that are deemed unaffordable to the
participants, and compliance monitoring.
Participants are encouraged to apply for
Apple Care.
Participant Medical Insurance
Deductibles and Spend Downs
Therapeutic Services not covered by
participant insurance but
recommended by treatment or
therapeutic court staff (i.e. DV
treatment)
Lab & Toxicology Testing
Treatment Staff/Peer Support
contracted by the court
o Mental Health Services
o Peer Support Services
o SUDP
o Veteran’s Support Services
Supporting documents must list name of
vendor, purchase date, amount paid, and
method of payment
Receipts
Invoices
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
Treatment Services
Professional Licensing Fees
Services that are eligible and
covered via participants medical
insurance (i.e. Ongoing treatment
for a participant with
Medicaid/private insurance in lieu
of local BHA)
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
A-7
Recovery Supports
Other services for participants that are not
accessible through other local, state, or
federal programs, services meant to
ensure participants’ success in program.
Not an exhaustive list
Participant Transportation
o Bus Passes
o Uber/Lyft Rides
o Car Services
o Other Transit Services
Food & Beverages - *Participants
o Meals (*Graduation or other
pre-approved event; must
have agenda & sign in sheet,
or other approved
documentation – no more
than $20.00 per person)
o Snacks
o Water
o Non-alcoholic Beverages
no mocktails allowed)
Food & Beverages *Staff
o Meals (*Must follow your
agency policy on meal
purchases for meetings.
Agenda and sign in sheet
required.)
o Non-alcoholic Beverages
no mocktails allowed)
Cell Phones through a checkout
program
Cell Minutes
Hygiene Products
Recovery Housing- when all other
supports have been exhausted
Education
o Parenting Classes
o Financial Literacy
Recovery Supports
Gas cards
Gift Cards
Gifts
Logoed apparel
Driver Educational Courses
License reinstatement fees (i.e.
Tickets, fines, etc.)
Advertising on radio stations,
newspapers, billboards, etc.
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
A-8
Graduation supplies
Driver’s license/ID replacement fee
Supporting documents must list name of
vendor, purchase date, amount paid, and
method of payment
Receipts
Invoices
Please highlight/write amount charged to
AOC funding on supporting documentation
and ensure it matches amount listed on
A19.
Other Direct Costs
Miscellaneous expenses directly related to
program delivery or participant recovery
supports. Requires pre-approval. Submit
toCLJTherapeuticCourtsApplications@cou
rts.wa.gov
DocuSign Envelope ID: ECF26A1A-87D6-42D9-BDFF-899B01DDED2B
IAA25085
AGENDA ITEM #5. c)
AB - 3640
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Agreement with Bruce Dees & Associates for the Cleveland-
Richardson Park Master Plan
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Parks & Recreation Department
STAFF CONTACT: Betsy Severtsen, Capital Projects Coordinator
EXT.: x6611
FISCAL IMPACT SUMMARY:
$175,283.00 from 316.332085.020.594.76.63.000 CLEVELAND RICHARDSON PARK and $50,000.00 from
001.800220.020.573.90.49.012 NEIGHBORHOOD PROGRAM GRANTS.
SUMMARY OF ACTION:
Through a competitive request for qualifications (RFQ) process, staff identified Bruce Dees & Associates as the
preferred consultant to support master planning and design services for the new Cleveland-Richardson Park
located in southwest Renton. Providing a park in this location will address a major gap in access to developed
parks and trails within the Talbot Planning Area and the south end of Renton in general.
The Bruce Dees & Associates scope of services includes a fee proposal in the amount of $225,283.00. Funding
for the majority of this work has been budgeted in fund 316.332085.020.594.76.63.000 CLEVELAND
RICHARDSON PARK. Additional funding for comprehensive community engagement including an engagement
plan, a community site visit, nine neighborhood briefings, community based organization engagement, and
language services has been budgeted in fund 001.800220.020.573.90.49.012 NEIGHBORHOOD PROGRAM
GRANTS.
The master plan will identify existing conditions, programming opportunities and constraints, and serve as a
guiding document for future park development. The master plan will detail and map proposed site elements
for recreation, trails, special features/interpretation, wayfinding, services (e.g., restrooms), a
caretaker/maintenance facility (potentially utilizing existing buildings), and protection and appreciation of
natural/critical areas. Overall, the master plan will create a tangible vision and implementation strategy the
City can use to, 1) develop the property into a recreational parkland consistent with current and future
community needs, 2) steward and invest public funds, 3) apply for grant funding from local, state, and federal
sources, and 4) balance developed recreation with environmental sustainability. The City envisions the site as
a thriving neighborhood park that will primarily serve Talbot and Benson Planning Area residents and visitors.
The unique character of this site provides for a diversity of recreational opportunities, while also
incorporating, enhancing, and protecting onsite and adjacent natural areas.
EXHIBITS:
A. Professional Services Agreement
B. Maps
STAFF RECOMMENDATION:
AGENDA ITEM #5. d)
Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Bruce Dees &
Associates in the amount of $225,283.00 for master planning and design services for the Cleveland-Richardson
Park master plan project.
AGENDA ITEM #5. d)
AGREEMENT FOR PROFESSIONAL SERVICES FOR CLEVELAND-
RICHARDSON PARK MASTER PLANNING & DESIGN –
CAG-
THIS AGREEMENT, dated for reference purposes only as ___________ 2024, is by and between
the City of Renton (the “City”), a Washington municipal corporation, and Bruce Dees &
Associates, L.L.C. (“Consultant”), a Washington Limited Liability Company. The City and the
Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by
the Parties, this Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide the City with the following services and
work product (referred to hereafter as the “Work”):
☒ Exhibit Attached: See Exhibit A, which is incorporated herein by this reference, for a
full description of the Work. The purpose of the Work is briefly summarized as:
providing master planning and design services for Cleveland-Richardson Park.
☐ Detailed Description of Work: N/A
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 method of compensation agreed to in Section 4.
3. Time of Performance:
A. Schedule for Performance. Consultant shall promptly commence and diligently
complete performance of the Work starting upon execution of this Agreement unless
a separate schedule is agreed to in writing or specified in the Scope of Work in Section
1 of this Agreement.
B. Deadline for Completion of all Work. All Work shall be completed by no later than
March 31, 2025 unless this date is extended by written amendment to this
Agreement.
4. Compensation:
AGENDA ITEM #5. d)
PAGE 2 OF 12
A. Maximum Amount. Total compensation to Consultant for Work provided pursuant to
this Agreement shall not exceed two hundred twenty-five thousand two hundred
eighty-three dollars and zero cents ($225,283.00), which amount shall include the
rates specfied in Section 4.B and reimburseable costs allowed pursuant to Section 4.C,
but such maximum amount does not include any applicable state and local sales taxes
that Consultant is required by law to collect from the City.
B. Rate of Compensation. Compensation shall be paid for after all Work is actually
performed as follows – applicable box checked:
☒ Rate(s), payment schedules, or amounts specified in Exhibit A, which is attached
and incorporated herein.
☐ Hourly rates described as follows: N/A
☐ Fixed monthly rate described as follows: N/A
☐ Fixed rate for completion of all Work described as follows: N/A
☐ Other: N/A
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. Except sales
and use taxes required by state law to be collected by Consultant from the City, the
Consultant shall be solely responsible for payment of any taxes imposed as a result of
the performance and payment of this Agreement.
C. Reimbursable Costs. The Rate of Compensation described in Section 4.B is established
to cover all direct and indirect costs for the Consultant to perform the Work, without
separate reimbursement except to the extent expressly agreed to therein. If the Rate
of Compensation expressly contemplates the City paying Consultant reimbursable
costs, Consultant will not incur such costs until after first giving the City’s contract
administrator an opportunity to object to the costs being incurred. Such opportunity
shall be provided by emailing the contract administrator details of the costs to be
incurred with a reasonable opportunity to respond.
D. 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
approved by the City, including as may be applicable 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 Work. Payment shall be made by the City for Work performed within
AGENDA ITEM #5. d)
PAGE 3 OF 12
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.
E. 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.
F. 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. Notices and Contract Administration: Any notice required under this Agreement (e.g.
notices of termination or insurance cancellation) shall be in writing, delivered by personal
service or certified mail, with return receipt requested, to the Required Notice Contact(s)
identified below. Required notices shall include a copy of the Agreement, the City’s CAG
number assigned to the Agreement, and clearly identify the parties and the date
referenced in the first paragraph of this Agreement.
A copy of the required notice shall also be provided to all email addresses identified for
both parties in this Section, including those listed as required notice contact and contract
project manager. Required notices shall be deemed received upon the date of personal
delivery, the date the USPS confirms delivery, or the date courtesy emailed notice is
acknowledged as received by the required notice email contact address, whichever
occurs first. If a Party first makes reasonable attempts to deliver a required notice by one
of the alternative delivery methods without a successful confirmed delivery, the required
notice will be deemed received three (3) days after it is mailed by regular first-class mail
and emailed to all below-listed email addresses along with the last known email address
used by the receiving party to communicate regarding the contract.
Communication regarding contract administration that does not include a notice required
by this Agreement may be done through the party’s Project Managers using the contact
information provided below.
AGENDA ITEM #5. d)
PAGE 4 OF 12
CITY OF RENTON
Required Notice Contact:
City Clerk
Attn: Formal Contract Notice
1055 South Grady Way
Renton, WA 98057
Cityclerk@rentonwa.gov
legaladmin@rentonwa.gov
CONSULTANT
Required Notice Contact:
Shawn A. Jensen, RLA
221 South 28th Street, Suite 100
Tacoma, WA 98402
sjensen@bdassociates.com
Communication regarding contract administration that does not include a required
notice may be done through the party’s Project Managers using the contact information
provided below.
Contract Project Manager: Contract Project Manager:
Betsy Severtsen, RLA
bsevertsen@rentonwa.gov
425-430-6611
Michael Faulkner, RLA
mfaulkner@bdassociates.com
253-627-7947
6. 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 prior to completion of all Work,
the Consultant shall be entitled to payment for all Work performed in accordance
with this Agreement, 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. Amounts owing to the City by Consultant pursuant to the terms of this
Agreement 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 writing by the City.
7. Right To Use Work Product: Consultant will perform all Work identified in this Agreement
in a professional and workmanlike manner and in accordance with all reasonable and
AGENDA ITEM #5. d)
PAGE 5 OF 12
professional standards and laws for the type of work provided in Washington state.
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. 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.
8. 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 (6)
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.
9. 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.
10. Independent Contractor Relationship:
AGENDA ITEM #5. d)
PAGE 6 OF 12
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
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, providing insurance benefits, provide training, tools, or materials, 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.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide services to other
entities, so long as there is no interruption or interference with the provision of Work
called for in this Agreement.
11. 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
AGENDA ITEM #5. d)
PAGE 7 OF 12
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
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.
12. 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.
13. 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
14. 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.
AGENDA ITEM #5. d)
PAGE 8 OF 12
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
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.
15. 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.
16. Assignment: Neither the City nor the Consultant shall assign, transfer or encumber any
rights, duties or interests accruing from this Agreement without a signed amendment to
this Agreement.
17. Merger, Acquisition, or Name Change: If Consultant is merged with, acquired by
another entity, or has a name change, such party shall provide written notice to the City
within 20 days of the effective date of such merger, acquisition, or name change. The
surviving or acquiring entity shall assume all rights and obligations of such party under
AGENDA ITEM #5. d)
PAGE 9 OF 12
this Agreement, unless otherwise agreed by the Parties in a signed amendment to this
Agreement. The new or renamed entity will promptly sign an amendment upon request
by the City to document its assumption of all obligations under this Agreement.
18. 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 steps to ensure 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 No. 4085.
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.
AGENDA ITEM #5. d)
PAGE 10 OF 12
B. Certification Regarding Federal Debarment and Suspension Status. Consultant affirms
that neither it nor its principals nor its subcontractors and their principals: (1) are
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from the award of contracts by any federal department or
agency; (2) have within a 3-year period preceding any partially or wholly federally
funded contract been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (federal, state, or local) contract or subcontract;
been in violation of federal or state antitrust statutes, or been convicted of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property; or otherwise criminally or civilly
charged by a governmental entity (federal, state, or local) with commission of any of
the offenses enumerated in (2) above; and, (3) have within a 3-year period preceding
an award of any partially or wholly federally funded contract, had one or more
contracts terminated for cause or default by any federal or state agency. Consultant
further promises that if it or its principals in the future are debarred or suspended
from eligibility of award by the federal government that it shall within 3 days notify
the City of such change in status.
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
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
AGENDA ITEM #5. d)
PAGE 11 OF 12
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.
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.
AGENDA ITEM #5. d)
PAGE 12 OF 12
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
Shawn Jensen
Principal
_____________________________
Date Signed
Attest
_____________________________
Jason A. Seth
City Clerk
_____________________________
Date Signed
Approved as to Legal Form
By: __________________________
Shane Moloney
City Attorney
PSA Template 1023 RL SP
Clb 7-29--24
AGENDA ITEM #5. d)
1 of 9 7/25/24
EXHIBIT 'A'
CITY OF RENTON
CLEVELAND-RICHARDSON PARK
MASTER PLANNING & DESIGN SERVICES
SCOPE OF WORK
JUNE 25, 2024
The City of Renton is currently planning an approximately 24-acre future park located in Southwest
Renton. This initiative begins with an evaluation of the site's existing conditions, followed by a
community outreach and engagement process to guide the programming and design recommendations for
the property.
The master plan will detail existing conditions, summarize findings from the outreach and engagement
process, consider environmental factors, and propose program and design concepts. A preferred plan will
outline site elements such as recreational facilities, trails, wayfinding features, essential services, and a
caretaker/maintenance facility. Additionally, the master plan will establish a clear vision and
implementation strategy aimed at achieving several key objectives:
1.Developing the property into a recreational parkland that meets the community's needs.
2. Stewarding and investing public funds towards future park development.
3. Facilitating the application process for grants to support park development initiatives.
4. Ensuring a balance between the property’s recreational development and environmental
sustainability.
SCOPE OF WORK
The scope of work entails the following:
•Project Administration
•Site Analysis & Inventory
•Community Engagement
•Concept Development
•Master Plan
PROJECT BUDGET
To be determined based on the master planning effort.
COMPENSATION
Refer to Exhibit ‘B’
PROJECT SCHEDULE
Anticipated Start Date – 09/01/2024
Anticipated End Date – 03/31/2025
Exhibit A
Exhibit AAGENDA ITEM #5. d)
Exhibit A 2 of 9 7/25/24
TASK 1 – PROJECT ADMINISTRATION
A.Project Coordination
Michael Faulkner, PLA, ASLA, will be the Project Manager, coordinating the overall efforts of the
team and maintaining continuous coordination with staff and subconsultants. Coordination of
deliverables, presentations, schedule, permitting and cost estimates with subconsultants will be led by
Bruce Dees & Associates (BDA).
Design Team will include BDA and the below subconsultants:
PRR – Community Engagement
Grette Associates – Environmental
ARC Architects – Architecture
ESA – Cultural Resources
GeoEngineers – Geotechnical
BDA will provide progress billing reports, project management, quality control / quality assurance
reviews and team coordination. In addition, BDA will document project decisions and provide
regular status updates to the entire project team.
Meetings
•Project Kick-Off Meeting
Deliverables
•Project Schedule
•Meeting Agenda & Summary
TASK 2 - SITE ANALYSIS & INVENTORY
A.Background Information Review
Design Team will review available background information from the City including property
information, City of Renton Parks, Recreation, and Natural Areas Plan, City of Renton Trails and
Bicycle Plan, and City of Renton Comprehensive Plan.
B.Project Site Visit
The Design Team will visit the site to assess existing conditions and review background information
in relation to the realities of the site.
C.Existing Facilities Assessment
ARC Architects will assess the condition of the existing Cleveland-Richardson residence and barn to
identify potential for future use and identify needed improvements.
D.Critical Areas Reconnaissance
Grette Associates will conduct site reconnaissance to document the location and condition of
wetlands, streams, and habitat areas across the site.
E.Cultural Resources Review
ESA will conduct archival research to identify recorded and potential cultural resources within the
project study area. Additionally, ESA will review project-specific environmental and geological
background information. A site visit will also be conducted to gain contextual understanding of the
former Cleveland-Richardson residence.
Exhibit AAGENDA ITEM #5. d)
Exhibit A 3 of 9 7/25/24
F.Geotechnical Review
GeoEngineers will conduct a preliminary geotechnical and soils data review, which includes
evaluating available subsurface information, examining current geological critical area maps, and
performing visual assessments of the project site. These efforts will provide an overview of the
anticipated soil and groundwater conditions within the project area.
G.Base Map Development
BDA will develop the project base map utilizing available site information and our team's findings.
This preliminary map will showcase gathered data, including utilities, sidewalks, trails, property
boundaries, critical areas, and topographic information within and immediately surrounding the
project site.
H.Site Analysis
BDA will utilize the base map and site reconnaissance findings to develop our site analysis,
highlighting both the opportunities and constraints of the site, including areas suitable for recreational
development.
Meetings
•Project Site Visit
•Site Analysis Findings
Deliverables
•Existing Facilities Assessment
•Critical Areas Delineation Report
•Cultural Resources Literature Review
•Preliminary Geotechnical Recommendations
•Base Map (CAD & PDF)
•Site Analysis Diagrams
•Site Photos & Key Map
•Meeting Agendas & Summaries
TASK 3 – COMMUNITY ENGAGEMENT
A.Engagement Planning Meetings
PRR staff will participate in (2) 60-minute community engagement planning meetings with City
staff.
B. Community Engagement Plan
PRR will develop a plan to connect with community members. The plan will include the following:
•Public participation goals.
•Demographic profile.
•Engagement strategies & tactics.
•Recommendations to engage hard to reach audiences, including people who use languages other
than English.
•An overview of the community engagement phases with the primary engagement goals.
C.Community Site Visit
PRR will work with the City to develop (1) community site visit event. Assumptions include:
•PRR will support the City in the site visit planning effort.
Exhibit AAGENDA ITEM #5. d)
Exhibit A 4 of 9 7/25/24
•PRR will provide a multilingual staff member for each site visit or will collaborate with the City
to work with a CBO to provide language access support.
•City will provide a project summary for the event.
•City will host the site visit.
•Site visit will be up to (2) hours in length.
•City will provide transportation to support community members attending the site visits.
•BDA will attend the site visit to discuss the master planning process and field questions.
D. Neighborhood Briefings
PRR will work with the City to provide neighborhood briefings. Assumptions include:
•Effort will include briefing with apartment / condo / institution communities near the park site.
•Up to (3) briefings will be provided per each phase of engagement (programming, alternative
concepts, and recommended concept); up to (9) total.
•Briefings will be no longer than 90-minutes.
•There will be (1) general event plan per phase; (3) total.
•The City will coordinate with neighborhoods.
•PRR will provide planning support, which may include providing talking points, reviewing a
slide deck or agenda, and/or identifying community partner collaboration opportunities.
•The City will staff the events.
•PRR will provide one multi-lingual staff member for each briefing.
•The City will create all materials, including slide decks for the briefings; PRR will review.
E. Community Based Organization (CBO) Partnerships
PRR will develop a CBO engagement plan, which will include:
•A list of up to (12) possible CBO partners for the project, which prioritizes CBOs who work
with communities who do not often engage in civic life.
•Draft copy for the City to use in outreach to potential CBO partners; up to 250-words total.
•Recommendation for CBO compensation.
•The City will communicate with the CBO partners.
F. Language Access Support
PRR will provide language access support. Assumptions include:
•Materials will be in up to (3) languages including English.
•Materials will include a language block for up to (4) additional languages.
•Each language block will have up to 100-words and will include an introductory sentence
describing the content of the materials.
•Except for the language block indicated above, PRR will support translations for up to (2) non-
English languages.
•Mayor’s inclusion task force may provide language access support.
•PRR will translate up to (12) social media posts with up to 50-words per post and will review
final designed post into up to (2) non-English languages.
•PRR will translate up to (3) postcards with up to 150-words per post card and will review the
final postcard in up to (2) non-English languages.
•PRR will provide up to 12-hours of cultural consultancy to support the City to best communicate
with people who use languages other than English.
Meetings
•Community Engagement Planning Meetings
•Community Site Visit
Exhibit AAGENDA ITEM #5. d)
Exhibit A 5 of 9 7/25/24
•Neighborhood Briefings
•Cultural Consultancy
Deliverables
•Engagement Planning Meetings
Meeting Agendas & Summaries
•Community Engagement Plan
Public Participation Plan Outline
Draft & Final Public Participation Plan
•Community Site Visit
Draft & Final Event Plan
•Neighborhood Briefings
Draft & Final Event Plans
•CBO Partnerships
Draft & Final CBO Engagement Plan
•Language Access Support
(6) Language Blocks
Copy for (6) Flyers
Review Comments for (6) Flyers
Copy for (12) Social Media Posts
Review Comments for (3) Postcards
•Meeting Agendas & Summaries
TASK 4 – CONCEPT DEVELOPMENT
A.Programming & Design Criteria
Based on input received from the City and the community, the Design Team will develop a
preliminary program and design criteria for discussion and refinement. The program and design
criteria will provide a foundation for developing the alternative concepts. Written and graphic
materials will be provided to clearly communicate the opportunities and constraints of the site to the
community and to solicit feedback.
B.Alternative Concepts
The Design Team will prepare up to (3) alternative concepts with sufficient detail to present a range
of development options and allow for input from the community, stakeholders, and the City to inform
refinements to the concepts. Written and graphic materials will be provided to clearly communicate
the program, layout, and design features of each alternative to the community and to solicit feedback.
C. Preliminary Cost Assumptions
Preliminary cost assumptions will be provided to provide a general understanding of the costs
associated with each of the alternative concepts.
D.Recommended Concept
Upon receiving feedback on the initial design concepts, the Design Team will refine the plan into a
recommended concept showcasing the proposed site development including recreational
programming, environmental considerations, grading and drainage, park amenities, utility
connections, vehicular and pedestrian circulation, and limits of work. Written and graphic materials
will be provided to clearly communicate the program, layout, and design features of the
recommended concept to the community and to solicit feedback.
Exhibit AAGENDA ITEM #5. d)
Exhibit A 6 of 9 7/25/24
E.Preliminary Cost Estimate
A preliminary estimate will be developed in alignment with the recommended concept quantifying
and categorizing the full scope of the proposed improvements along with contingencies to account
for soft costs, price escalation, and contractor mark-up.
Meetings
•Programming & Design Criteria Review Meeting
•Alternative Concepts Review Meeting
•Recommended Concept Review Meeting
•(3) Stakeholder Meetings
•(3) Public Meetings
•Pop-Up Event
•Parks Commission Meeting
•City Council Meeting
Deliverables
•Program & Design Criteria
•Alternative Concepts (Up to 3 Concepts)
•Recommended Concept
•Community & Stakeholder Feedback Summaries
•Preliminary Cost Assumptions
•Preliminary Cost Estimate
•Presentation Slide Decks & Graphics
TASK 5 – MASTER PLAN
A.Final Master Plan & Cost Estimate
We will incorporate all of the input received into the final master plan concept. The plan will be
prepared at an appropriate scale to clearly communicate the size and location of proposed
improvements and will be supplemented with colored renderings. The preliminary cost estimate will
be updated as necessary to reflect the final master plan concept.
B.Master Plan Report
The Design Team will develop a comprehensive master plan report that summarizes the master
planning effort including: site analysis and inventory, community engagement efforts, public
meetings, community and stakeholder feedback, programming, design alternatives, cost estimating,
regulatory criteria, and permitting considerations. The report will describe the major design elements
along with plans, sections, vignettes, and other drawings as required to illustrate the size and
character of the project. Additionally, the report will communicate development and phasing
strategies towards the funding and subsequent construction of the future park.
Meetings
•Permitting Meeting
•Stakeholder Meeting
•Parks Commission Meeting
•City Council Meeting
Exhibit AAGENDA ITEM #5. d)
Exhibit A 7 of 9 7/25/24
Deliverables
•Final Master Plan & Cost Estimate
•Master Plan Report
•Meeting Agendas and Summaries
CLIENT PROVIDED
The Scope of Work is based on the following assumptions:
1.Existing Site Information
We understand background information and GIS data will be available for the project team’s use in
developing the base map.
2.Demographics
The City will provide their demographic information to the team.
3.Community Outreach
The City will take the lead on outreach communications with their community contacts.
4.Stakeholder Committee
The City will take the lead on forming the Stakeholder Committee.
5.Public Meetings
The City will co-host and facilitate Public Meetings.
6.Graphic Design and Printing
Graphic design and printing of informational flyers, lawn signs, and other community engagement
collateral is not included.
7.Project Website
The City will manage the project website. BDA will assist with providing written copy and graphics
for website updates.
8.Project Surveys & Polls
The City will distribute public surveys and polls. BDA will assist with developing survey questions,
reviewing responses, and providing input based on feedback received.
EXTRA WORK
1.Expanded Scope of Work
Any work not included in this Scope of Work or any meeting(s) in addition to those listed in the
Scope of Work shall be considered extra work. No extra work shall be commenced without written
authorization from the Client.
2.Topographic / Boundary Survey
A topographic and boundary survey of the property is not included in this Scope of Work. If desired,
fees shall be negotiated.
3.Changes in Project Schedule
Exhibit AAGENDA ITEM #5. d)
Exhibit A 8 of 9 7/25/24
In the event there are significant changes to the project schedule, fees for the additional time and
expenses shall be negotiated.
Exhibit AAGENDA ITEM #5. d)
Exhibit A 9 of 9 7/25/24
TASK
Exhibit 'A'
Compensation
PERCENTAGE AMOUNT
I.Administration 5% $12,036
II. Site Analysis & Inventory 35% $78,560
III. Community Engagement 29% $66,268
IV.Concept Development 21% $47,164
V. Master Plan 9% $21,255
Total 100% $225,283
The above scope of work will be provided on a lump sum basis with payments made each month on a
percent of completed work.
Exhibit AAGENDA ITEM #5. d)
Project Site
Figure 1: Community Planning Areas AGENDA ITEM #5. d)
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0 0.25 0.5
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Comprehensive Plan Land Use Map
Seattle
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Figure 2: Comprehensive Plan Land Use
Project Site
AGENDA ITEM #5. d)
Project Site
Figure 3: Developed Park Access AGENDA ITEM #5. d)
2,697449
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATIONWGS_1984_Web_Mercator_Auxiliary_Sphere
Notes
01/30/2024
Legend
306 0 153 306
Feet
Parcels
Streams
Wetlands
Contours
2,697449
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATIONWGS_1984_Web_Mercator_Auxiliary_Sphere
Notes
01/30/2024
Legend
3060153 306
Feet
Parcels
Streams
Wetlands
Contours
2,697449
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATIONWGS_1984_Web_Mercator_Auxiliary_Sphere
Notes
01/30/2024
Legend
3060153 306
Feet
Parcels
Streams
Wetlands
Contours
2,697449
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Figure 4: Project Site - Environmental Features
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Facility Outline
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2,697449
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATIONWGS_1984_Web_Mercator_Auxiliary_Sphere01/30/2024
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This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATIONWGS_1984_Web_Mercator_Auxiliary_Sphere01/30/2024
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is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATIONWGS_1984_Web_Mercator_Auxiliary_Sphere01/30/2024
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accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATIONWGS_1984_Web_Mercator_Auxiliary_Sphere 01/30/2024
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Figure 5: Project Site - Utilities
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AB - 3642
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Lease Agreement with Rainier Flight Services, LLC
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Airport
STAFF CONTACT: Joey Root, Airport Business Development Coordinator
EXT.: 7478
FISCAL IMPACT SUMMARY:
The City will receive annual lease revenue of $126,436.80 plus leasehold excise tax.
SUMMARY OF ACTION:
The City and Rainier Flight Services, LLC entered into a lease agreement, LAG-19-001, on February 28, 2019for
the building and premises onParcel 800 and Parcel 820 at the Renton Airport. The City owns the building on
Parcel800 which Rainieruses for flight instruction andaircraft maintenance. Rainier operates fuel storage tanks
on this property as well. The neighboring 820 Parcel is used for parked aircraft.
Lease LAG-19-001 required Rainier Flight Services, LLC to construct improvements on Parcels 800 and 820, in
accordance with progressive milestones. Redevelopment of the 800 Parcel would includedemolition of the
existing building and development of a new hangar for storage and aircraft management. Further, the 820
Parcel development was to include a single large combination hangar and office building, a landside parking
lot, and adequate ramp space for parked aircraft.
Rainier failed to meet initial milestones,so Amendment1-20 was executed to extend the agreement during
Covid year of 2020. Rainier Flight Services again failed to meet the new milestones then notified the Airport
that they would be abandoning the project altogether. Failure to achieve milestones grants the Airport the
right to terminate the lease on February28, 2022. On March 1, 2022, the Airport presented a seven-year lease
to Rainier for the 800 Parcel which Rainier declined to sign.
In the meantime, significant soil settlement of the exterior ground and ground floor slab has been observed in
and around Building 800. This has caused damage to underground utilities, disrupted surfacestormwater
drainage, and disrupted building egress. Also noted is damage to architectural finishes, gaps around doors,
and sloping and unevenfloors. The City hired an engineering firm in December 2023 to conduct a structural
assessment of the building and property. Further study was recommended and subsequently conducted in
May 2024 for which results and recommendations are pending.
The City and Rainier Flight Services, LLC have agreed to a short-term (month to month) lease for Parcel
800while awaiting results of the structural assessment.The existing lease LAG-19-001 will be terminated upon
execution of this new lease and allow for a billing adjustment necessitatedby the removal of Parcel 820 from
the previous agreement.
AGENDA ITEM #5. e)
EXHIBITS:
A. 2024 800 Lease RFS
B. Map View of 800 Parcel
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the month-to-month Lease with Rainier Flight Services, LLC
AGENDA ITEM #5. e)
LEASEAGREEMENT
City of Renton to Rainier Flight Service,LLC(Parcel 800)
THIS LEASE(hereinafter ”Lease")is made and entered into this _day of ,2024,
by and between THE CITY OF RENTON,a Washington municipal corporation (hereinafter
"Landlord"or the ”City”),and RAINIER FLIGHT SERVICES,LLC,a Washington limited liability
corporation (hereinafter ”Tenant”).
WHEREAS,Tenant is currently leasing from the City the two parcels identified as 800 and
820 West Perimeter Road (the ”800 Parcel"and the ”820 Parcel,”respectively)at the Renton
Municipal Airport (the ”Airport”)pursuant to that certain ground lease known as LAG-19—
001;and
WHEREAS,Appendix 1 to LAG-19—001requires Tenant to construct improvements on the
800 and 820 Parcels,in accordance with progressive milestones established by the Landlord and
Tenant when the lease was executed in 2019;and
WHEREAS,the Parties amended LAG-19-001 with its Amendment 1-21 in 2021 to allow
Tenant additional time to conduct its development plans,and account for the changing economic
conditions brought about by the COVlD-19 pandemic;and
WHEREAS,despite the execution of that Amendment 1—21,Tenant remains required to
satisfy each and every milestone to fulfill its obligations pursuant to LAG-19-001,Appendix 1,and
Amendment 1-21;and
WHEREAS,Tenant did satisfy Amendment 1—21’sfirst deadline to submit for complete
permit application for the 820 Parcel Improvements to CED no later than March 1,2022;and
WHEREAS,Tenant failed to meet Amendment 1-21’s next sequential milestone;to wit,to
commence construction pursuant to its permit application no later than December 1,2022;and
WHEREAS,Tenant subsequently notified Landlord that it would be abandoning the
project altogether,given the increases in construction prices;and
WHEREAS,such failure to achieve any milestone grants Landlord the right to terminate
the lease;and
WHEREAS,on February 29,2024 Landlord notified Tenant of its intent to terminate the
tenancy on the 820 Parcel,effective March 31,2024 then extended that date to May 31,2024;
and
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
LAG
WHEREAS,the Landlord has been charging the Tenant a building rate of $1.55 per square
foot,and Landlord has been charging the Tenant a ground rate of $1.10 per square foot,which
rates will not be changing with the execution of this lease;
NOW,THEREFORE,IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREINCONTAINE
DANDFOROTHERGOODANDVALUABLECONSIDERATION,THE RECEIPT AND SUFFICIENCYOF
WHICH IS HEREBYACKNOWLEDGED,LANDLORD AND TENANT AGREE AS FOLLOWS:
1.GRANT OF LEASE:
1.a.Documents of Lease:The following document constitutes this Lease,together
with
Exhibit A -Lease Map and Legal Description
Exhibit B -Aircraft Laws and Regulations,RCW 47.68.250:Public Highways and
Transportation
1.b.Legal Description Landlord hereby leases to Tenant,and Tenant leases from
Landlord for the term described in Section 3 below,PARCEL 800,on 800 West Perimeter Road,
Renton Washington]as more fully described in this Lease,with said parcels shown on Exhibit ”A
”(lease map and legal description),which is attached hereto and incorporated herein by this
reference (hereinafter,"Premises").
1.c.Common Areas:Tenant,and its Authorized Representatives,subtenants,
assignees,and licensees,shall have the right to use,in common with others,on a non—
exclusivebasisandsubjecttotheAirportRegulationsandMinimumStandards(as they may be amended
from time to time)pursuant to Section 8(e)below,the public portion of the Renton Municipal
Airport (aka Clayton Scott Field,hereinafter referred to as ”Airport”),including the runway and
other public facilities provided thereon.
1.c.(1).Notwithstanding anything in this Lease to the contrary,Landlord acknowledges
that direct access to the taxiways and runway from the Premises is essential to the conduct of
Tenant’s business on the Premises and,except during construction activities occurring on the
taxiways,runway or weather related events,Landlord shall ensure that Tenant and its
representatives,subtenants,assignees,agents,invitees,and licensees have direct access to the
taxiways and runway at all times during the Term.
1.d.Cancellation of Existing Lease:Tenant understands and agrees that as of the
effective date of this Lease,this Lease shall supersede all pre—existing leases the Tenant has with
the City.Therefore,the existing lease the Tenant has with the City,LAG—19—001shall be
terminated upon execution of this Lease.
2.CONDITIONS:
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Sgecific Conditions:
No Conveyance ofAirgon
Future Develogment?unding
LAG
2.a.This Lease,and Tenant’s rights and permitted uses under this
Lease are subject to the following
2.a.(1).The Airport Regulations and Minimum Standards pursuant to Section 8(e)
of this lease agreement,including Landlord's standards concerning operation of public
aviation service activities from the Airport;and
2.a.(2).All such non—discriminatory charges and fees for such use of the Airport
as may be established from time to time by Landlord.
2.b.:This Lease shall in no way be deemed to be a conveyance
of the Airport,and shall not be construed as providing any special privilege for any public portion
of the Airport except as described herein.The Landlord reserves the absolute right to lease or
permit the use of any portion of the Airport for any purpose deemed suitable for the Airport,
except that portion that is leased hereby.
2.c.Nature of Landlord's Interest:It is expressly understood and agreed that Landlord
holds and operates the Airport and the Premises under and subject to a grant and conveyance
thereof to Landlord from the United States of America,acting through its Reconstruction Finance
Corporation,and subject to all the reservations,restrictions,rights,conditions,and exceptions
of the United States therein and thereunder,which grant and conveyance has been filed for
record in the office of the Recorder of King County,Washington,and recorded in Volume 2668
of Deeds,Page 386;and further that Landlord holds and operates said Airport and Premises
under and subject to the State Aeronautics Acts of the State of Washington (chapter 165,laws of
1947),and any subsequent amendments thereof or subsequent legislation of said state and all
rules and regulations lawfully promulgated under any act or legislation adopted by the State of
Washington or by the United States or the Federal Aviation Administration.it is expressly agreed
that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto
and to all contingencies,risks,and eventualities of or arising out of the foregoing,and if this
Lease,its Term,or any conditions or provisions of this Lease are or become in conflict with or
impaired or defeated by any such legislation,rules,regulations,contingencies or risks,the latter
shall control and,if necessary,modify or supersede any provision of this Lease affected thereby,
all without any liability on the part of,or recourse against,Landlord in favor of Tenant,provided
that Landlord does not exceed its authority under the foregoing legislation,rules and regulations
and provided further that,in the event that this Lease is modified or superseded by such
legislation,rules,regulations,contingencies or risks,all compensation payable to the Landlord
for a third party’s use of the improvements during the Term shall be paid to the Tenant,its
successors or its assigns.
2.d.:Nothing contained in this Lease shall operate or be
construed to prevent or hinder the future development,improvements,or operation of Airport
by Landlord,its agents,successors or assigns,or any department or agency of the State of
3
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
RENTZFEESlCHARGES:
Minimum Monthly Rent
yment Schedule
Monthly Rental —Land Comps
LAG
Washington or of the United States,or the consummation of any loan or grant of federal or state
funds in aid of the development,improvement,or operation of the Renton Airport,but
Landlord’s exercise of such rights shall not unreasonably interfere with Tenant’s rights under this
Lease.
2.e Cleaning of Catch Basins and Oil/Water Separators:At Tenant’s cost,Tenant shall
routinely inspect,and clean and remove all sediment and other debris from,the catch basins and
oil/waterseparators on the Premises.In doing so,Tenant shall comply with all applicable federal,
state,and local laws and regulations.Tenant shall provide Landlord with documentation of
inspection,cleaning,and removal.
3.TERM:The term of this Lease (the “Term”)as to the Premises shall be for a month
—to-month term commencing on June 1,2024 (hereinafter ”Commencement Date”),and shall
continue on a month—to-month basis until such time as one party gives the other written notice
of termination,except that Landlord may terminate this lease upon not less than three days’
notice in the case of nonpayment of rent.Either party may,upon written notice to the other
delivered at least ninety (90)days before the end of the calendar month,terminate this lease
without cause at such effective date.
4.
4.a.:Tenant shall pay to Landlord a Minimum Monthly Rent,
PLUS Leasehold Excise Tax as described in this section,below,without deduction,offset,prior
notice or demand,payable promptly in advance on the first day of each and every month.Al
lsuchpaymentsshallbemadetotheCityofRenton,Attention:Fiscal Services,1055 South Grady
Way,Renton,Washington 98057;or (2)By electronic payment using the payment portal available
at inib:z’f/iemomvzengov ng payments can be set up through
the payment portal.For portal questions or assistance,please email financeAR@rentonwa.gov
or call (425)430—6897.The Minimum Monthly Rent,beginning on the Commencement Date,i
scomputedasfollows:
Rental Pa
(nent
-(88,601 square feet)($1.10 per square foot per year)=$97,461.10/yr,($97,461.10/12
months:$8,121.76 per month)
MonthlvRental —Building Component
(18,694 square feet)($1.55 per square foot per year)=$28,975.70/yr,($29,975.70/12
months =$2,414.64 per month)
Kaym’:i%2’:ewewrnentax.recurri
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Periodic Rental Ad'ustment:
Periodic Rental Ad'ustment:
yment Charge:
LAG
Monthly Rental land Component S 8,121.76
Monthlv Rental -Buildi 2 Component S 41454
Total monthly rental,plus leasehold excise tax $10,536.40
4b.Within thirty (30)days of the date of entry of this Lease,Tenant shall pay to Landlord
a lump sum of the back payment Monthly Rate for the period beginning June 1,2024 and ending
with the first day of the month AFTERthis Lease is entered into,PLUS Leasehold Excise Tax.
4c.The Minimum Monthly Rent shall be subject to automatic
adjustment on June 1 of each year following the Commencement Date (each of which shall
hereinafter be referred to as ”Adjustment Date”)as follows:
As used in this Section 4.b,"Index”means the Consumer Price Index for All Urban
Consumers for Seattle—Tacoma-Bremerton All Items (1982—84=100)(CPI-U)published by
the United States Department of Labor,Bureau of Labor Statistics;”Beginning Index”
means the Index which is published on February preceding the Commencement Date;and
”Adjustment Index”means the Index which is published on February preceding each
Adjustment Date.
For the first Periodic Rent Adjustment,if the Adjustment Index has increased over the
Beginning Index,the Minimum Monthly Rent payable for the following year (until the next
Adjustment Date)shall be set by multiplying the Minimum Monthly Rent provided for in
Section 4.a.of this Lease by a fraction,the numerator of which is the Adjustment Index
and the denominator ofwhich is the Beginning Index.The product shall be the ”Adjusted
Monthly Rent.”In no event shall the Minimum Monthly Rent determined pursuant to this
paragraph be less than the Minimum Monthly Rent set forth in Section 4.a.of this Lease.
For the second and any subsequent Periodic Rent Adjustment,if the Adjustment Index is
greater than the Adjustment Index one year prior,then the Minimum Monthly Rent
payable for the following year (until the next Adjustment Date)shall be set by multiplying
the then current Minimum Monthly Rent by a fraction,the numerator of which is the
Adjustment Index and the denominator of which is the Adjustment Index from one year
prior.The product shall be the "Adjusted Monthly Rent.”In no event shall the Minimum
Monthly Rent determined pursuant to this paragraph be less than the then current
Minimum Monthly Rent.
4.d.The Minimum Monthly Rent may also be subject to
periodic adjustment by means other than the Consumer Price Index.The Landlord shall give
written notification to Tenant of any change in the rental amount at least thirty (30)days prior
to the effective date of the Rental Adjustment.
4.e.Late Pa If any Rent is not received by Landlord from Tenant by the
tenth (10”‘)business day after such Rent is due,Tenant shall immediately pay to Landlord a late
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
LAG
charge equal to five percent (5%)of the amount of such Rent.Should Tenant pay said late charge
but fail to pay contemporaneously therewith all unpaid amounts of Rent,Landlord’s acceptance
of this late charge shall not constitute a waiver of Tenant’s default with respect to Tenant’s
nonpayment nor prevent Landlord from exercising all other rights and remedies available to
Landlord under this Lease or under law.lfany check received by Landlord from Tenant is returned
unpaid for any reason,Landlord reserves the right to charge,and Tenant agrees to pay,an
additional charge up to the maximum amount allowed by law.Landlord’s acceptance of this
additional charge shall not constitute a waiver of Tenant’s default with respect to Tenant’s
returned check nor prevent Landlord from exercising all other rights and remedies available to
Landlord under this Lease or under law.Unpaid amounts of rent,late charges,or additional
charges shall bear interest at the rate of twelve (12%)percent per annum until paid.
4.f.Other Fees nd Charges:Tenant shall pay,in addition to the Monthly Rent and
other charges identified in this Lease,all non—discriminatory fees and charges now in effect or
hereafter levied or established by Landlord or charged against the Premises and against other
similarly situated Tenants at the Airport by Landlord,or levied or established by,or against the
Premises by any other governmental agency or authority,being or becoming levied or charged
against the Premises,structures,business operations,or activities conducted by or use made by
Tenant of,on,and from the Premises,including without limitation,Aircraft Rescue and Fire
Fighting or services rendered to the Tenant or the Premises.
5.LEASEHOLDEXCISETAX:Tenant shall pay to Landlord the leasehold excise tax as
established by RCW Chapter 82.29A,as amended,or any replacement thereof,which tax shall be
in addition to the Monthly Rent and other charges payable under this Lease and shall be paid at
the same time the Monthly Rent is due.If the State of Washington or any other governmental
authority havingjurisdiction thereover shall hereafter levy or impose any similar tax or charge on
this Lease or the leasehold estate described herein,then Tenant shall pay such tax or charge
when due.Such tax or charge shall be in addition to the Monthly Rent and other taxes or charges
payable under this Lease.
6.PAYMENT OF UTILITIES ND RELATEDSERVICES.Tenant shall pay for all utilities
and services used in the Premises,including without limitation electricity,gas,water,sewer,
garbage removal,janitorial service,and any other utilities and services used in the Premises.
Landlord shall not be liable for any loss or damage caused by or resulting from any variation,
interruption,or failure of any utility services due to any cause whatsoever,except,and only to
the extent caused by,Landlord’s negligence.Landlord shall not be liable for temporary
interruption or failure of such services incidental to the making of repairs,alterations or
improvements,or due to accident,strike,act of God,or conditions or events not under Landlord's
control.Temporary interruption or failure of utility services shall not be deemed a breach of the
Lease or as an eviction of Tenant,or relieve Tenant from any of its obligations hereunder.
TENANT'SACCEPTANCE OF PREMISES:
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Accegtance of Premises
LAG
7.a.:By occupying the Premises,Tenant formally accepts the
Premises in “AS IS”condition,and acknowledges that the Landlord has complied with all the
requirements imposed upon it under the terms of this Lease with respect to the condition of the
Premises at the Commencement Date.Tenant hereby accepts the Premises subject to all
applicable zoning,federal,state,county and municipal laws,ordinances and regulations
governing and regulating the use of the Premises,and accepts this Lease subject thereto and to
all matters disclosed thereby and by any exhibits attached hereto.Tenant acknowledges that,
except as otherwise provided in this Lease,neither Landlord nor Landlord's agents have made
any representation or warranty as to the suitability of the Premises for the conduct of Tenant's
business or use.Except as otherwise provided herein,Landlord warrants Tenant's right to
peaceably and quietly enjoy the Premises without any disturbance from Landlord,or others
claiming by or through Landlord.
8.USE OF PREMISES
8.a.Use of Premises:The Premises are leased to the Tenant for the following described
purposes and uses necessary to said purposes:
8.a.(1).Aircraft Maintenance including inspection,major and minor repair,and major and
minor alteration of airframes,engines,avionics,interiors and aircraft components;
8.a.(2).Storage and tie—down of aircraft,both indoors and outdoors;
8.a.(3).Commercial flight operations including flight training,aircraft rental,sightseeing,
aerial photography and any operations conducted under 14 CFR Part 91 and 14 CFR Part 135;
8.a.(4).Sale of aviation fuels and lubricants;
8.a.(5).Sale of aircraft parts,components and pilot supplies;
8.a.(6).Aircraft servicing with fluids and compressed gases;
8.a.(7).Aircraft grooming;and
8.a.(8).Aircraft sales,leasing,and management.
8.b.Continuous Use:Tenant covenants that the Premises shall be continuously used for
8.a.(l),and some or all of the remaining purposes set forth above=during the Term,shall not be
allowed to stand vacant or idle,subject to reasonable,temporary interruptions for maintenance,
construction,or other purposes,and shall not be used for any other purpose without Landlord’s
prior written consent.Consent of Landlord to other types of aviation activities will not be
unreasonably withheld.
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Advertising
Waste‘Nuisance'Illegal Activities
Tenant's Regresentation and Warranty
Standard of Care
LAG
8.c.Non—Aviation ses Prohibited:Tenant agrees that the Premises may not be used
for uses or activities that are not related,directly or indirectly,to aviation
8.d.:No advertising matter or signs shall be displayed on the Premises,at
any time,without the prior written approval of Landlord,which approval will not be unreasonably
withheld.
Conformitv with Laws.Rules and Regulations:Tenant shall comply with applicable
federal,state,county and municipal laws,ordinances and regulations concerning Tenant’s use of
the Premises.Tenant shall keep and operate the Premises and all structures,improvements,and
activities in or about the Premises in conformity with the Airport Regulations and Minimum
Standards and other reasonable rules and regulations now or hereafter adopted by Landlord,
provided that all such Airport Regulations and Minimum Standards and other rules adopted
hereafter are non—discriminatory,all at Tenant’s cost and expense.
8.f.:Tenant shall not permit any waste,damage,or
injury to the Premises or improvements thereon,nor allow the maintenance of any nuisance
thereon,nor the use thereof for any illegal purposes or activities.
8g.Increased Insurance Risk:Tenant shall not do or permit to be done in or about the
Premises anything which will be dangerous to life or limb,or which will increase any insurance
rates upon the Premises or other buildings and improvements at the Airport.
8.h.Hazardous Waste
8.h.(1).:Tenant shall not dispose of or otherwise
allow the release of any Hazardous Substances in,on or under the Premises,the Airport,or any
tenant improvements or alterations placed on the Premises by Tenant.Tenant represents and
warrants to Landlord that Tenant’s intended use of the Premises does not and will not involve
the use,production,disposal or bringing on to the Premises of any Hazardous Substances other
than fuels,lubricants and other products which are customary and necessary for use in Tenant’s
ordinary course of business,provided that such products are used,stored and disposed of in
accordance with applicable laws and manufacturer’s and supplier’s guidelines.Tenant shall
promptly comply with all laws and with all orders,decrees or judgments of governmental
authorities or courts having jurisdiction,relating to the use,collection,treatment,disposal,
storage,control,removal or cleanup by Tenant of Hazardous Substances,in,on or under the
Premises,or incorporated in any improvements or alterations made by Tenant to the Premises,
at Tenant’s sole cost and expense.
8.h.(2).:Tenant agrees to use a high degree of care to be certain that no
Hazardous Substances are released or disposed or improperly used in,on or under the Premises
during the Term by Tenant,or its Authorized Representatives or assigns,or are released or
disposed or improperly used on the Premises by the act of any third party.
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LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Indemnity
ute
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8.h.(3).Tenant’s Non-Compliance:In the event of non-compliance by Tenant,after notice
to Tenant and a reasonable opportunity for Tenant to effect such compliance,Landlord may,but
is not obligated to,enter upon the Premises and take such actions and incur such costs and
expenses to effect such compliance with laws as it deems advisable to protect its interest in the
Premises,provided,however that Landlord shall not be obligated to give Tenant notice and an
opportunity to effect such compliance if (i)such delay might result in material adverse harm to
the Premises or the Airport,or (ii)an emergency exists.Tenant shall reimburse Landlord for the
full amount of all costs and expenses incurred by Landlord in connection with such compliance
activities and such obligation shall continue even after expiration or termination of the Term.
Tenant shall notify Landlord immediately of any release of any Hazardous Substances in,on or
under the Premises.
8.h.(4).
8.h.(4)(a).Landlord shall have no responsibility to the Tenant,or any other third party,for
removal or remedial action under Chapter 70A.305 RCW,or any other federal,state,county or
municipal laws,in the event of a release of or disposal of any Hazardous Substances in,on or
under the Premises during the Term that are caused by Tenant.Tenant shall defend,indemnify
and hold harmless Landlord,its officials,employees,agents and contractors (hereinafter "
CityIndemnitees”)from any claims,obligation,or expense (including,without limitation,third party
claims for personal injury or real or personal property damage),actions,administrative
proceedings,judgments,penalties,fines,liability,loss,damage,obligation or expense,including,
but not limited to,fees incurred by the Landlord or City Indemnitees for attorneys,consultants,
engineers,damages,environmental resource damages,and removal or remedial action under
Chapter 70A.305 RCW or other remediation,arising by reason of the release or disposal of any
Hazardous Substances in,on or under the Premises during the Term that are caused by Tenant.
The Parties agree that the provisions of this Section 8.h.(4)(a)do not waive or limit any
contribution or recovery rights that Landlord may have against Tenant relating to or arising from
the release or disposal ofany Hazardous Substances in,on or under the Premises during the Term
that are not caused by Tenant.
8.h.(4)(b).The provisions of this Subsection 8.h.(4)shall survive the expiration or
termination of the Term.No subsequent modification or termination of this Lease by agreement
of the Parties or otherwise shall be construed to waive or to modify any provisions of this Section
unless the modification or termination agreement or other binding document expressly 50 states
in writing.
8.h.(5)Dis Resolutio In the event of any dispute between the Parties concerning
whether any Hazardous Substances were brought onto the Premises by Tenant,or whether any
release of or disposal of any Hazardous Substance was caused by Tenant,the Parties agree to
submit the dispute for resolution by arbitration upon demand by either Party.Landlord and
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
LAG
Tenant do hereby agree that the arbitration process shall be limited to not more than one
hundred fifty (150)calendar days,using the following procedures:
8.h.(5).a.Landlord shall select and appoint one arbitrator and Tenant shall select and
appoint one arbitrator,both appointments to be made within a period ofsixty (60)days from the
end of the negotiation period cited in Section 8.h.(5),and both arbitrators to be environmental
consultants with experience in the identification and remediation of Hazardous Substances.
Landlord and Tenant shall each notify the other of the identity of their arbitrator and the date of
the postmark or personal delivery ofthe letter shall be considered the date of appointment.Each
Party shall bear the cost of the arbitrator named by it.
8.h.(5).b.The two appointed arbitrators shall meet,and shall make their decision on the
dispute in writing within thirty (30)days after the date of their appointment.If the appointment
date for either arbitrator is later than the other,the latter date shall be the appointment date for
purposes of the thirty (30)day deadline.
8.h.(5).c.If the two arbitrators are unable to agree on a decision on the dispute within a
period of thirty (30)days after such appointment,they shall,within a period of thirty (30)days
after the first thirty (30)day period,select a third arbitrator who is an environmental consultant
with experience in the identification and remediation of Hazardous Substances.If such third
arbitrator has not been selected or if such third arbitrator has not accepted such appointment
within such thirty (30)day period,either of the two arbitrators,Landlord,or Tenant may apply
to the head of the Seattle office of the American Arbitration Association to appoint said third
arbitrator.
8.h.(5).d.The three arbitrators shall have thirty (30)days from the date of selection of
the third arbitrator to reach a majority decision unless the time is extended by agreement of both
Parties.The decision ofthe majority of such arbitrators shall be final and binding upon the Parties.
8.h.(5).e.The three arbitrators shall make their decision on their dispute in writing within
sixty (60)days after the third arbitrator’s appointment,unless the time is extended by the
agreement of the Parties.The decision of a majority of the arbitrators shall be final and binding
upon the Parties.The Parties shall bear equally the cost of the third arbitrator.
8.i.Aircraft Registration Compliance:The Tenant is hereby notified ofthe Washington
State law concerning aircraft registration and the requirement that the Tenant comply therewith.
See Exhibit B (”Aircraft Laws and Regulations,RCW 47.68.250 Public Highways and
Transportation”).
8.i.(l).Tenant shall annually,during the month of January,submit a report of aircraft
status to the Airport Director.One copy of this report shall be used for each aircraft owned by
the Tenant,and sufficient forms will be submitted to identify all aircraft owned by the Tenant
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Aircraft airworthiness
Removal of Snow Floodwater Mud
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and the current registration status of each aircraft.If an aircraft is unregistered,an unregistered
aircraft report shall also be completed and submitted to the Airport Director.
8.i.(2).Tenant shall require from an aircraft owner proof of aircraft registration or proof
of intent to register an aircraft as a condition of subleasing tie-down or hangar space for an
aircraft.Tenant shall further require that annually,thereafter,each aircraft owner using the
Tenant’s Premises submit a report of aircraft status,or,if an aircraft is unregistered,an
unregistered aircraft report.Tenant shall annually,during the month of January,collect the
aircraft owners;reports and submit them to the Airport.
8].:Aircraft placed,parked or stored other than within hangar
buildings must be airworthy.Whenever an aircraft is temporarily undergoing repairs exceeding
30 days,the Tenant will notify the Airport Director of the repair status,and the date repairs wil
lbecompleted.When requested by the Landlord,the Tenant must provide a schedule showing
when repairs will be completed as to each such aircraft.lf Tenant fails to adhere to an agreed-
upon repair schedule,or fails to place and maintain the required red tag on the aircraft,the
Tenant may be subject to Civil Penalties or termination of this lease upon proper notice from the
City of Renton.
9.MAINTENANCE
9.a.Maintenance of Premises:The Premises and all ofthe improvements or structures
thereon and authorized by the Landlord for use by the Tenant,shall be used and maintained by
Tenant in an operable,neat,orderly,and sanitary manner.Tenant is responsible for the clean—
upandproperdisposalatreasonableandregularintervalsofrubbish,trash,waste and leaves upon
the Premises,including that blown against fences bordering the Premises,whether as a result of
the Tenant’s activities or having been deposited upon the Premises from other areas.Tenant
shall maintain in good condition and repair the Premises,subject to ordinary wear and tear,
including,the interior walls,floors,and any interior portions of all doors,windows,and glass,
parking areas,landscaping,fixtures,heating,ventilating and air conditioning,including exterior
mechanical equipment.Tenant shall make all repairs,replacements and renewals,whether
ordinary or extraordinary,anticipated or unforeseen,that are necessary to maintain the Premises
in the condition required by this Section.Landlord will be responsible for plumbing and sewage
facilities within the building or under the floor slab including free flow up to the main sewer line,
utility facilities,exterior utility facilities,and exterior electrical equipment serving the Premises.
9.b.:Tenant shall be responsible for removal from
the Premises,all snow and/or floodwaters or mud deposited,with the disposition thereof to be
accomplished in such a manner so as to not interfere with or increase the maintenance activities
of Landlord upon the public areas of the Airport.
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Right of Insgection
Landlord May Perform Maintenance
LAG
9.c.Maintenance.Repair a Marking of Pavement:Tenant shall be responsible for,and
shall perform,the maintenance,repair and marking (painting)of pavement surrounding the
buildings within and on the Premises.Such maintenance and repair shall include,as a minimum,
crack filling,weed control,slurry seal and the replacement of unserviceable concrete or asphalt
pavements,as necessary.To the degree the concrete and asphalt pavements are brought to FA
AstandardsatanytimeduringtheTermofthisLease,Tenant shall maintain the concrete and
asphalt pavements in such condition.
9.d.:Tenant will allow Landlord or Landlord’s agent,free access at all
reasonable times to the Premises for the purpose of inspection,or for making repairs,additions
or alterations to the Premises,or any property owned by or under the control of Landlord.
Landlord shall provide ten (10)days’advance notice of any such inspection and use reasonable
efforts not to interfere with Tenant’s use of the Premises during any such inspection.
9.e.:If Tenant fails to perform Tenant's obligations
under this section,Landlord may at its option (but shall not be required to)enter the Premises,
after thirty (30)days'prior written notice to Tenant,except in the event of an emergency when
no notice shall be required,and put the same in good order,condition and repair,and the cost
thereof together with interest thereon at the rate of twelve (12%)percent per annum shall
become due and payable as additional rental to Landlord together with Tenant's next installment
of Rent.
10.ALTERATIONS
10.a.Protection from Liens:Before commencing any work relating to alterations,
additions and improvements affecting the Premises (”Work”),Tenant shall notify Landlord in
writing of the expected date of commencement of the Work.Tenant shall pay,or cause to be
paid,all costs of labor,services and/or materials supplied in connection with any Work.Tenant
shall keep the Premises free and clear of all mechanics‘materialmen's liens or any other liens
resulting from any Work.Tenant shall have the right to contest the correctness or validity of any
such lien if,immediately on demand by Landlord,it procures and records a lien release bond
issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements
therefor in the State of Washington.Tenant shall promptly pay or cause to be paid all sums
awarded to the claimant on its suit,and,in any event,before any execution is issued with respect
to any judgment obtained by the claimant in it suit or before such judgment becomes a lien on
the Premises,whichever is earlier.If Tenant shall be in default under this Section,by failing to
provide security for or satisfaction of any mechanic’s or other liens,then Landlord may,at its
option,in addition to any other rights or remedies it may have,discharge said lien by (i)paying
the claimant an amount sufficient to settle and discharge the claim,(ii)procuring and recording
a lien release bond,or (iii)taking such other action as Landlord shall deem necessary or advisable,
and,in any such event,Tenant shall pay as Additional Rent,on Landlord’s demand,all reasonable
costs (including reasonable attorney fees)incurred by Landlord in settling and discharging such
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LEASEAGREEMENT
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lien together with interest thereon at the rate of twelve (12%)percent per year from the date of
Landlord’s payment of said costs.Landlord’s payment of such costs shall not waive any default
of Tenant under this Section.
10.b.Bond:At any time Tenant either desires to or is required to make any repairs,
alterations,additions,improvements or utility installation thereon,or otherwise,Landlord may
at its sole option require Tenant,at Tenant's sole cost and expense,to obtain and provide to
Landlord a lien and completion bond in an amount equal to one and one—half (1-1/2)times the
estimated cost of sUch improvements,to insure Landlord against liability for mechanics and
materialmen's liens and to insure completion of the work.
10.c.:Tenant agrees that Landlord may,at its option
and at its expense,make repairs,alterations or improvements which Landlord may deem
necessary or advisable for the preservation,safety or improvement of utilities or Airport
infrastructure on the Premises,if any.Landlord shall provide ten (10)days’advance notice of
any such work and use reasonable efforts to not interfere with Tenant’s use of the Premises
during any such work.
11.IMPROVEMENTS:As further consideration for this Lease,it is agreed that upon
the expiration or termination of the Term,all structures and any and all improvements of any
character whatsoever installed on the Premises (except for any fuel tanks and related structures
owned by Tenant)shall be and become the property of the Landlord,and title thereto shall
automatically pass to Landlord at such time,and none of such improvements now or hereafter
placed on the Premises shall be removed therefrom at any time without Landlord’s prior written
consent.During the Term,Tenant shall hold title to all improvements placed by Tenant on the
Premises.Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding
liens,or other debts,affecting or encumbering such improvements before transfer of ownership
of such improvements to Landlord upon the expiration or termination of the Term.Alternatively,
Landlord may,at its option,require Tenant,concurrently with the expiration or termination of
the Term,to remove any and all improvements and structures installed by Tenant,and repair any
damage caused thereby,at Tenant’s expense.
12.EXEMPTION OF LANDLORD FROM LIABILITY.Landlord or Landlord’s agents Shall
not be liable for injury to persons or to Tenant’s business or loss of income therefrom or for
damage which may be sustained by the person,goods,wares,merchandise or property of
Tenant,its Authorized Representatives,or any other person in or about the Premises,caused by
or resulting from (a)fire,electricity,gas,water or rain which may leak or flow from or into any
part of the Premises,(b)any defect in or the maintenance or use of the Premises,or any
improvements,fixtures and appurtenances thereon,(c)the Premises or any improvements,
fixtures and appurtenances thereon becoming out of repair,(cl)the breakage,leakage,
obstruction or other defects of the pipes,sprinklers,wires,appliances,plumbing,heating,
ventilating or air conditioning or lighting fixtures of the Premises,(e)flooding of the Cedar River
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LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
AssignmentZSubIetting
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or other body of water,or from any other source whatsoever,whether within or without the
Premises;or (g)any act or omission of any other tenant or occupant of the building in which the
Premises are located,or their agents,servants,employees,or invitees,provided,that the
foregoing exemption shall not apply to losses to the extent caused by Landlord’s or its agents’,
contractors’,or employees’negligence or willful misconduct.
13.INDEMNITYAND HOLD HARMLESS:Tenant shall defend,indemnify and hold
harmless Landlord against any and all claims arising from (a)the conduct and management ofor
from any work or thing whatsoever done in or about the Premises or the improvements or
equipment thereon during the Term,or (b)arising from any act or negligence or willful
misconduct of the Tenant or any of its agents,contractors,patrons,customers,employees,or
invitees,or (c)arising from any accident,injury,or damage whatsoever,however caused,to any
person or persons,or to the property of any person,persons,corporation or other entity
occurring during the Term in,on,or about the Premises,and from and against all costs,attorney's
fees,expenses,and liabilities incurred in or from any such claims or any action or proceeding
brought against the Landlord by reason ofany such claim,except to the extent caused by the sole
negligence of Landlord,its agents,contractors,employees,or its Authorized Representatives.
Tenant,on notice from Landlord,shall resist or defend such action or proceeding forthwith with
counsel reasonably satisfactory to,and approved by,Landlord.Landlord shall indemnify,defend,
and hold Tenant harmless from and against any and all claims,losses,damages,costs,attorney’=s
fees,expenses,and liabilities arising from the negligence or willful misconduct of Landlord or any
of the City’s Authorized Representatives.On notice from Tenant,Landlord,at Landlord’s expense,
shall defend any such action or proceeding forthwith.The indemnity in this Section shall not apply
to Hazardous Substances,which is addressed elsewhere in this Lease.
14.ASSIGNMENT&SUBLETT|NG:
l4.a.:Tenant shall not voluntarily assign or encumber its
interest in this Lease or in the Premises,or sublease any part or all of the Premises,without
Landlord’s prior written consent,which consent shall not be unreasonably withheld,conditioned,
or delayed,in accordance with the Renton Municipal Airport Leasing Policies.Any assignment,
encumbrance or sublease,whether by operation of law or otherwise,without Landlord’s consent
shall be void and shall constitute a default by Tenant under this Lease.No consent to any
assignment or sublease shall constitute a waiver of the provisions of this Section and no other or
subsequent assignment or sublease shall be made without Landlord’s prior written consent.
Before an assignment or sublease will be approved,the proposed assignee or subtenant must
comply with provisions of the then current Airport Leasing Policies,including,but not limited to
the ”Analysis of Tenant’s Financial Capacity,”independent of Tenant’s compliance or Financial
Capacity.Consent shall not be unreasonably withheld,conditioned,or delayed.
In the case of an assignment of the full leasehold interest and/or complete sale of the stock or
other interests in the entity constituting Tenant and concomitant transfer of ownership of said
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LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
No Release of Tenant‘s Liability
LAG
entity,(a)in the case ofan assignment,the proposed assignee shall deliver to Landlord a written
instrument duly executed by the proposed assignee stating that it has examined this Lease and
agrees to assume,be bound by and perform all of Tenant’s obligations under this Lease accruing
after the date of such assignment,to the same extent as if it were the original Tenant,and (b)in
the case of a stock transfer,Transferee shall deliver a written acknowledgment that it shall
continue to be bound by all the provisions of this Lease after the transfer.Except in the case of
an assignment of the full leasehold interest,any assignment permitted herein will not relieve
Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto.In no
event will the assignment of the full leasehold interest or the complete sale of the stock or other
interests in the entity constituting Tenant and concomitant transfer of ownership of said entity
cause an extension of the Term of this Lease.
14.b.Conditions to Ass nment or Sublease:Tenant agrees that any instrument by
which Tenant assigns or sublets all or any portion of the Premises shall (i)incorporate this Lease
by reference,(ii)expressly provide that the assignee or subtenant may not further assign or
sublet the assigned or sublet space without Landlord’s prior written consent (which consent shall
not,subject to Landlord’s rights under this Section,be unreasonably withheld,conditioned,or
delayed),(iii)acknowledge that the assignee or subtenant will not violate the provisions of this
Lease,and (iv)in the case of any assignment,acknowledge that Landlord may enforce the
provisions of this Lease directly against such assignee.If this Lease is assigned,whether or not in
violation of the terms and provisions of this Lease,Landlord may collect Rent from the assignee.
Acceptance of Rent by the Landlord shall not be a waiver of any of Landlord’s remedies against
Tenant for violation of provisions of this Lease.A subtenant may cure Tenant’s default.In either
event,Landlord shall apply the amount collected from the assignee or subtenant to Tenant’s
obligation to pay Rent under this Lease.
14.c.:Neither an assignment or subletting nor the
collection of Rent by Landlord from any Person other than Tenant,nor the application of any such
Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section
or release Tenant from its obligation to comply with the terms and provisions of this Lease and
Tenant shall remain fully and primarily liable for all of Tenant’s obligations under this Lease,
including the obligation to pay Rent under this Lease,unless Landlord otherwise agrees in writing.
Notwithstanding the foregoing,in the event that Landlord’s consent to assignment is obtained
for a complete assignment and Assignee agrees in writing to assume all of the obligations and
liabilities of this Lease accruing after such assignment,Tenant shall be relieved of all liability
arising from this Lease and arising out of any act,occurrence or omission occurring after
Landlord’s consent is obtained.To the extent that any claim for which indemnification of the
Landlord (including with respect to Hazardous Substances)arises after Tenant’s complete
assignment for conduct predating said assignment,the Tenant shall not be relieved of obligations
or liability arising from this Lease.
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
No Merger
Failure to Pay Rent
Failure to Comply with Airport Regulations and Minimum Standards
Failure to Perform or Cure
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14.d.Documentation:No permitted subletting by Tenant shall be effective until there
has been delivered to Landlord a copy of the sublease and an executed Operating Permit and
Agreement in which the subtenant agrees not to violate and to act in conformity with the terms
and provisions of this Lease;provided that no Operating Permit shall be required for the
subletting of hangar or tie-down space for aircraft storage purposes.No permitted assignment
shall be effective unless and until there has been delivered to Landlord a counterpart of the
assignment in which the assignee assumes all of Tenant’s obligations under this Lease arising on
or after the date of the assignment.
14.e.:Without limiting any of the provisions of this Section,if Tenant has
entered into any subleases of any portion of the Premises,the voluntary or other surrender of
this Lease by Tenant,or a mutual cancellation by Landlord and Tenant,shall not work a merger
and shall terminate all or any existing subleases or subtenancies.
15.DEFAULT AND REMEDIES:
15.a.Default:The occurrence of any of the following shall constitute a default by
Tenant under this Lease:
15.a.(1).:Failure to pay Rent when due,if the failure continues for a
period of three (3)business days after notice of such default has been given by Landlord to
Tenant.
15.a.(2).:Failure to
comply with the Airport Regulations and Minimum Standards,ifthe failure continues for a period
of twenty—four (24)hours after notice of such default is given by Landlord to Tenant.Ifthe failure
to comply cannot reasonably be cured within twenty—four (24)hours,then Tenant shall not be in
default under this Lease if Tenant commences to cure the failure to comply within twenty-four
(24)hours and diligently and in good faith continues to cure the failure to comply.However,said
inability to cure within twenty-four (24)hours,diligence and good faith notwithstanding,cannot
be based on financial incapacity.
15.a.(3).:Failure to perform any other provision of this Lease,
if the failure to perform is not cured within thirty (30)days after notice of such default has been
given by Landlord to Tenant.if the default cannot reasonably be cured within thirty (30)days,
then Tenant shall not be in default under this Lease if Tenant commences to cure the default
within thirty (30)days of the Landlord’s notice and diligently and in good faith continues to cure
the default.
15.a.(4)Appointment of Trustee or Receiver The appointment of a trustee or receiver
to take possession of substantially all of the Tenant’s assets located at the Premises or of Tenant’s
interest in this Lease,where possession is not restored to Tenant within sixty (60)days;or the
attachment,execution or other judicial seizure of substantially all of Tenant’s assets located at
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City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Maintain Lease in Force:
Terminate Lease
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the Premises or of Tenant’s interest in this Lease,where such seizure is not discharged within
sixty (60)days.
15.a.(5)Failure to Complv With Laws:It shall be a default ofthis Lease if the Tenant fails
to comply with any of the statutes,ordinances,rules,orders,regulations,and requirements of
the federal,state,and/or city governments,or any terms of this Lease.
15.b.Additional Security:If Tenant is in default under this Lease,and such default
remains uncured for more than three (3)business days after Landlord gives Tenant notice of such
default,then Landlord,at Landlord’s option,may in addition to other remedies,require Tenant
to provide adequate assurance of future performance of all of Tenant’s obligations under this
Lease in the form of a deposit in escrow,a guarantee by a third party acceptable to Landlord,a
surety bond,a letter of credit or other security acceptable to,and approved by,Landlord.If
Tenant fails to provide such adequate assurance within twenty (20)days of receipt of a request
by Landlord for such adequate assurance,such failure shall constitute a material breach of this
Lease and Landlord may,at its option,terminate this Lease.
15.c.Remedies:If Tenant commits a default,then following the expiration of the notice
and cure periods set forth in Section 15.a.above,Landlord shall have the following alternative
remedies,which are in addition to any remedies now or later allowed by law,and Landlord shall
use reasonable efforts to mitigate its damages:
15.c.(1).To maintain this Lease in full force and effect and
recover the Rent and other monetary charges as they become due,without terminating Tenant's
right to possession,irrespective of whether Tenant shall have abandoned the Premises.If
Landlord elects to not terminate the Lease,Landlord shall have the right to attempt to re—letthe
Premises at such rent and upon such conditions and for such a term,and to perform all acts
necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary,
without being deemed to have elected to terminate the Lease,including removal of all persons
and property from the Premises;such property may be removed and stored in a public
warehouse or elsewhere at the cost of and on the account of Tenant.In the event any such
re—lettingoccurs,this Lease shall terminate automatically upon the new Tenant taking possession
of the Premises.Notwithstanding that Landlord fails to elect to terminate the Lease initially,
Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous
default of Tenant so long as Tenant remains in default under this Lease.
15.c.(2).:To terminate Tenant’s right to possession by any lawful
means,in which case this Lease shall terminate and Tenant shall immediately surrender
possession of the Premises to Landlord.In such event Landlord shall be entitled to recover from
Tenant all damages incurred by Landlord by reason of Tenant’s default including without
limitation thereto,the following:(i)any and all unpaid Rent which had been earned at the time
of such termination,plus (ii)any and all Rent which would have been earned after termination
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AGENDA ITEM #5. e)
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until the time of occupancy of the Premises by a new tenant following the re-letting of the
Premises,plus (iii)any other amount necessary to compensate Landlord for all the detriment
proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the
ordinary course of business would be likely to result therefrom,including without limitation,in
(A)retaking possession of the Premises,including reasonable attorney fees therefor,(B
)maintaining or preserving the Premises after such default,(C)preparing the Premises for re
—Ietting to a new tenant,including repairs or necessary alterations to the Premises for such re-
Ietting,(D)leasing commissions incident to re-letting to a new tenant,and (E)any other costs
necessary or appropriate to re—letthe Premises;plus (iv)at Landlord's election,such other
amounts in addition to or in lieu of the foregoing as may be permitted from time to time by
applicable state law.The amounts referenced in this Section include interest at 12%per annum.
16 BINDING AGREEMENT:Subject to the restriction upon assignment or subletting
as set forth herein,all of the terms,conditions,and provisions of this Lease shall be binding upon
the Parties,their successors and assigns,and if the Tenant is a natural person,his or her personal
representative and heirs.
17.CONDEMNATION:If the whole or any substantial part of the Premises shall be
condemned or taken by Landlord or any county,state,or federal authority for any purpose,then
the Term shall cease as to the part so taken from the day the possession of that part shall be
required for any purpose,and the Rent shall be paid up to that date.From that day the Tenant
shall have the right to either cancel this Lease and declare the same null and void,or to continue
in the possession ofthe remainder ofthe same under the terms herein provided,except that the
Rent shall be reduced in proportion to the amount of the Premises taken for such public
purposes.All damages awarded for such taking for any public purpose shall belong to and be the
property of the Landlord,whether such damage shall be awarded as compensation for the
diminution in value to the leasehold,or to the fee of the Premises herein leased.Damages
awarded for the taking of Tenant‘s improvements located on the Premises shall belong to and be
awarded to Tenant.
18.SURRENDER OF PREMISES:Tenant shall quit and surrender the Premises at the
expiration or termination of the Term in a condition as good as the reasonable use thereof would
permit,normal wear and tear excepted.Alterations,additions or improvements which may be
made by either of the Parties on the Premises,except movable office furniture or trade fixtures
put in at the expense of Tenant,shall be and remain the property ofthe Landlord and shall remain
on and be surrendered with the Premises as a part thereof at the expiration or termination of
the Term without hindrance,molestation,or injury.Tenant shall remove from the Premises,upon
request of the Landlord,movable office furniture or trade fixtures put in at the expense of
Tenant.Tenant shall,at its sole expense,properly and promptly repair to Landlord’s reasonable
satisfaction any damage to the Premises occasioned by Tenant’s use thereof,or by the removal
of Tenant’s movable office furniture or trade fixtures and equipment,which repair shall include
the patching and filling of holes and repair of structural damage.
18
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Personal Progerm
Ltabllity Insurance
7
.
WM
LAG
19.INSURANCE
19.a.:Tenant,at its expense,shall maintain in force during the Term
a policy of special form —causes of loss or all risk property insurance on all of Tenant’s alterations,
improvements,trade fixtures,furniture and other personal property in,on or about the Premises,
in an amount equal to at least their full replacement cost.Any proceeds of any such polic
yavailabletoTenantshallbeusedbyTenantfortherestorationofTenant’s alterations,
improvements and trade fixtures and the replacement of Tenant’s furniture and other personal
property.Any portion of such proceeds not used for such restoration shall belong to Tenant.I
tisagreedthatLandlordshallnotbeheldliableinanymannerfor,or on account of,any loss or
damage to personal property of the Tenant,Tenant's invitees or other persons,which may be
sustained by fire or water or other peril,or for the loss of any articles by burglary,theft or any
other cause from or upon the Premises.It is acknowledged that Landlord does not cover any of
the personal property of Tenant,Tenant's invitees or other persons upon the Premises through
its insurance.Tenant,its invitees and other persons upon the Premises are solely responsible to
obtain suitable personal property insurance.
19.b..Tenant,at its expense,shall maintain in force during the Term
the following types of insurance (or equivalents):a policy of commercial general liability
insurance (including premises liability),with the following minimum limits:$1,000,000 per
occurrence and $2,000,000 annual aggregate.Landlord shall be named as an additional insured
on Tenant’s liability insurance solely with respect to the operations of the named insured (i.e.,
Tenant)and that coverage being primary and non-contributory with any other policy(ies)carried
by,or available to,the Landlord.The Tenant shall provide the Landlord with written notice ofany
policy cancellation,within two business days of their receipt of such notice.
19.c.Pollution and Remediation Liabilitv Tenant,at its expense,shall maintain in force
during the Term the following insurance and/or Errors &Omissions applicable to underground
or above ground fuel storage tanks,fueling or refueling operations with a limit no less than
$2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period ofone year.Thi
spolicyshallincludecoverageforbodilyinjury,property damage personal injury and
environmental site restoration.
19.d.:Insurance required hereunder shall be written by a company or
companies acceptable to Landlord.Landlord reserves the right to establish and,from time—
to-time,to increase minimum insurance coverage amounts.Insurance required herein shall provide
coverage on an occurrence basis,not a claims-made basis,except as may be authorized pursuant
to Section 19.c.Notice of increased minimum insurance coverage amounts shall be sent to the
Tenant at least forty—five (45)days prior to the annual renewal date of the Tenant’s insurance.
Prior to possession the Tenant shall deliver to Landlord documents,in a form acceptable to
Landlord,evidencing the existence and amounts of such insurance.Tenant shall,prior to the
expiration of such policies,furnish Landlord with evidence of renewal of such insurance,in a form
1
9LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
Waiver of Subrogation
LAG
acceptable to Landlord.Tenant shall not do or permit to be done anything which shall invalidate
the insurance policies referred to above.Tenant shall forthwith,upon Landlord’s demand,
reimburse Landlord for any additional premiums for insurance carried by Landlord attributable
to any act or omission or operation of Tenant causing such increase in the cost of insurance.I
fTenantshallfailtoprocureandmaintainsuchinsurance,then Landlord may,but shall not be
required to,procure and maintain the same,and Tenant shall promptly reimburse Landlord for
the premiums and other costs paid or incurred by Landlord to procure and maintain such
insurance.Failure on the part of the Tenant to maintain the insurance as required shall constitute
a material breach of the Lease,upon which the Landlord may,after giving five business days
notice to the Tenant to correct the breach,terminate the Lease or,at its discretion,procure or
renew such insurance and pay any and all premiums in connection therewith,with any sums so
expended to be repaid to the Landlord on demand.
19.e.:Tenant and Landlord each waives any and all rights of
recovery against the other,or against the officers,employees,agents and representatives of the
other,for loss of or damage to such waiving Party or its property or the property of others under
its control,where such loss or damage is insured against under any insurance policy in force at
the time of such loss or damage.Tenant shall,upon obtaining the policies of insurance required
hereunder,give notice to the insurance carriers that the foregoing mutual waiver of subrogation
is contained in this Lease.
20.TAXES:Tenant shall be responsible for the payment of any and all taxes and
assessments upon any property or use acquired under this Lease and upon any alterations or
improvement made by Tenant to the Premises.
21.NO WAIVER:It is further covenanted and agreed between the Parties that no
waiver by Landlord of a breach by Tenant of any covenant,agreement,stipulation,or condition
of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant,
agreement,stipulation,or condition,or a breach of any other covenant agreement,stipulation,
or condition.The acceptance by the Landlord of Rent after any breach by the Tenant of any
covenant or condition by Tenant to be performed or observed shall be construed to be payment
for the use and occupation of the Premises and shall not waive any such breach or any right of
forfeiture arising therefrom.
22.NOTICES:All notices or requests required or permitted under this Lease shall be
in writing;shall be personally delivered,delivered by a reputable express delivery service such as
Federal Express or DHL,or sent by certified mail,return receipt requested,postage prepaid,and
shall be deemed delivered on receipt or refusal.All notices or requests to Landlord shall be sent
to Landlord at Landlord’s address set forth below and all notices or requests to Tenant shall be
sent to Tenant at Tenant’s address set forth below:
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
LAG
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
Landlord’s Address City Clerk
Attn:Airport Director
1055 South Grady Way
Renton,Washington 98057
Tenant’s Address Rainier Flight Services,LLC
Attn:Gordon Alvord
800 W Perimeter Rd
Renton,WA 98057
Either Party may change the address to which notices shall be sent by written notice to the other
Party.
23.DISCRIMINATIONPROHIBITED:
23a.Discrimination Prohibited:Tenant covenants and agrees not to discriminate
against any person or class of persons by reason of race,color,creed,sex or national origin,or
any other class of person protected by federal or state law or the Renton City Code,in the use of
any of its facilities provided for the public in the Airport.Tenant further agrees to furnish services
on a fair,equal and not unjustly discriminatory basis to all users thereof,and to charge on a fair,
reasonable and not unjustly discriminatory basis for each unit of service;provided that Tenant
may make reasonable and non—discriminatory discounts,rebates,or other similar types of price
reductions to volume purchasers.
23.b.Minority Business Enterprise Policy:It is the policy of the Department of
Transportation that minority business enterprises as defined in 49 C.F.R.Part 23 shall have the
maximum opportunity to participate in the performance of leases as defined in 49 C.F.R.23.5.
Consequently,this Lease is subject to 49 C.F.R.Part 23,as applicable.No person shall be excluded
from participation in,denied the benefits of or otherwise discriminated against in connection
with the award and performance of any contract,including leases covered by 49 C.F.R.Part 23,
on the grounds of race,color,national origin or sex.
23.c.Application to Subleases:Subject to the provisions of Section 14 of this Lease,
Tenant agrees that it will include the above clause in all assignments of this Lease or subleases,
and cause its assignee(s)and sublessee(s)to similarly include the above clause in further
assignments or subleases of this Lease.
24.FORCE MAJEURE:In the event that either Party shall be delayed or hindered in or
prevented from the performance of any act required hereunder by reason of strikes,lockouts,
labor troubles,inability to procure materials,failure of power,fire,seismic event,acts of
bioterrorism,plagues,epidemics,pandemics,outbreak of a communicable disease leading to
extraordinary restrictions including quarantine or movement of people or goods,restrictive
AGENDA ITEM #5. e)
NDLORD
ATTORNEYS'FEES AND COSTS'COLLECTIONCOSTS:
LAG
governmental laws or regulations,riots,insurrections,war,sabotage,inclement weather,power
outages,hurricanes,floods,earthquakes,tornadoes,acts of God,or other natural disasters,or
other reason or casualty of like nature not the fault of the Party delayed in performing work or
doing acts required under the terms of this Lease (hereafter,”Casualty Event”),then the timeline
for performance of such act shall be extended for a period equivalent to the period of such delay.
The provisions of this Section shall not,however,operate to excuse Tenant from the prompt
payment of rent,or any other payment required by the terms ofthis Lease,to be made by Tenant.
25.UNUSABILITY:If the Premises or a portion thereof,or a portion of the Property
necessary for Tenant’s occupancy,are rendered unusable at the sole discretion of Landlord,then
any Party may terminate this Lease by giving written notice to the other,in which case Tenant
shall have no further obligations under this Lease as of the date of termination specified in such
notice;however,Landlord,in its sole discretion,may terminate the lease if the entire Premises
are destroyed,rendered unusable,or made unsafe for reasons outside of Landlord’s reasonable
control and Landlord chooses at Landlord’s sole discretion to not restore or rebuild the Premises.
26.TRANSFER OF PREMISES BY LA :In the event of any sale,conveyance,
transfer or assignment by Landlord of its interest in the Premises,Landlord shall be relieved of
all liability arising from this Lease and arising out of any act,occurrence or omission occurring
after the consummation of such sale,conveyance,transfer or assignment,provided that the
Landlord’s transferee shall have assumed and agreed to carry out all of the obligations of the
Landlord under this Lease.
27.If either Party brings any
action for relief against the other Party,declaratory or otherwise,arising out of this Lease,
including any action by Landlord for the recovery of Rent or possession of the Premises,the
prevailing Party shall be entitled to reasonable attorneys’fees and costs of litigation as
established by the court.If the matter is not litigated or resolved through a lawsuit,then any
attorneys’fees for collection of past-due rent or enforcement of any right of Landlord or duty of
Tenant hereunder shall entitle Landlord to recover,in addition to any late payment charge,any
costs of collection or enforcement,including reasonable attorney’s fees.For the purpose of this
Section 26,attorney’s fees shall include a reasonable rate for attorney’s employed by the City.
28.EMERGENCY RESPONSE:Tenant must provide to the Airport Director reasonable
access and response in times of emergency or urgency.The Tenant is wholly responsible to keep
an up—to—datelisting of aircraft types,identification,and owners on file and at the Airport
Director’s office.
29.HOLDING OVER:If,without execution of any extension or renewal,Tenant should
remain in possession of the Premises after expiration or termination of the Term,then Tenant
shall be deemed to be occupying the Premises as a tenant from month to month.All the
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City of Renton to Rainier Flight Services,LLC(Parcel 800)
22
AGENDA ITEM #5. e)
LAG
conditions,terms,and provisions of this Lease,insofar as applicable to a month—to-
monthtenancy,shall likewise be applicable during such period.
30.DEFINITIONS:As used in this Lease,the following words and phrases,shall have
the following meanings:
”Additional Rent”means any charges or monetary sums to be paid by Tenant to Landlord
under the provisions of this Lease other than Monthly Rent.
"Authorized Representative”means any officer,agent,employee,independent
contractor or invitee of either Party.
”Environmental Laws and Requirements”means any and all federal,state,local laws,
statutes,ordinances,rules,regulations and/or common law relating to environmental
protection,contamination,the release,generation,production,transport,treatment,
processing,use,disposal,or storage of Hazardous Substances,worker health or safety or
industrial hygiene,and the regulations promulgated by regulatory agencies pursuant to these
laws,and any applicable federal,state,and/or local regulatory agency—initiated orders,
requirements,obligations,directives,notices,approvals,licenses,or permits.
"Hazardous Substances”meanszany and all material,waste,chemical,compound,
substance,mixture or byproduct that is identified,defined,designated,listed,restricted or
otherwise regulated under any Environmental Laws and Requirements as a ”hazardous
constituent,"”hazardous substance,”"hazardous material,””extremely hazardous material,”
”hazardous waste,””acutely hazardous waste,”“hazardous waste constituent,””infectious
waste,””medical waste,””biohazardous waste,””extremely hazardous waste,"”pollutant,”
”toxic pollutant”or ”contaminant.”The term "Hazardous Substances"includes,without
limitation,any material or substance which is (i)hexavalent chromium;(ii)pentachlorophenol;
(iii)volatile organic compounds;(iv)petroleum;(v)asbestos;(vi)designated as a ”hazardous
substance”pursuant to Section 311 of the Federal Water Pollution Control Act,33 U.S.C.§1251
et seq.(33 U.S.C.§1321);(vii)defined as a ”hazardous waste”pursuant to Section 1004 of the
Federal Resource Conservation and Recovery Act,42 U.S.C.§6901 et seq.(42 U.S.C.§6903);(viii)
defined as a ”hazardous substance”pursuant to Section 101 of the Comprehensive
Environmental Response,Compensation and Liability Act of 1980,as amended,42 U.S.C.§9601
et seq.(42 U.S.C.§9601);or (ix)designated as a ”hazardous substance”pursuant to the
Washington Model Toxics Control Act,as codified by RCW 70A.305.010 et seq.,or as is hereafter
amended.
”Parties”means Landlord and Tenant.“Party”means Landlord or Tenant,as indicated by
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
23
AGENDA ITEM #5. e)
LAG
”Person”means one or more human beings,or legal entities or other artificial persons,
including without limitation,partnerships,corporations,trusts,estates,associations and any
combination of human beings and legal entities.
”Rent”or "Rental”means Monthly Rent,both as established as a minimum amount and
as adjusted from time to time under this Lease,and Additional Rent.
31.GENERALPROVISIONS:
31.a.Entire Agreement:This Lease sets forth the entire agreement of the parties as to
the subject matter hereof and supersedes all prior discussions and understandings between
them.This Lease may not be amended or rescinded in any manner except by an instrument in
writing signed by a duly authorized officer or representative of each Party.
31.b.Governing Law:This Lease shall be governed by,and construed and enforced in
accordance with,the laws of the State of Washington.
31.c.Severability:Should any of the provisions of this Lease be found to be invalid,
illegal or unenforceable by any court of competent jurisdiction,such provision shall be stricken
and the remainder of this Lease shall nonetheless remain in full force and effect unless striking
such provision shall materially alter the intention of the parties.
3l.d.Jurisdiction and Venue:In the event any action is brought to enforce any of the
provisions of this Lease,the parties agree to be subject to exclusive in personam jurisdiction in
the Superior Court of the State of Washington in and for the County of King or in the United
States District Court for the Western District of Washington.
31.e.Waiver:No waiver of any right under this Lease shall be effective unless contained
in a writing signed by a duly authorized officer or representative ofthe Party sought to be charged
with the waiver and no waiver of any right arising from any breach or failure to perform shall be
deemed to be a waiver of any future right or of any other right arising under this Lease.
31.f.Captions:Section captions contained in this Lease are included for convenience
only and form no part of the agreement between the parties.
31g.Assignee as Tenant:The term "Tenant"shall be deemed to include the assignee
where there is a full assignment of the Lease.
31.h.Effectiveness:This Lease shall not be binding or effective until properly executed
and delivered by Landlord and Tenant.
31.i.Gender and Number:As used in this Lease,the masculine shall include the
feminine and neuter,the feminine shall include the masculine and neuter,the neuter shall
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24
AGENDA ITEM #5. e)
LAG -
include the masculine and feminine,the singular shall include the plural and the plural shall
include the singular,as the context may require
31.].Time of the Essence:Time is of the essence in the performance of all covenants
and conditions in this Lease for which time is a factor.
31.k.Joint and Several Liability:lf Tenant is composed of more than one Person,then
the obligations of all such Persons under this Lease shall be joint and several.
31.l.No Recordation Without Consent of Landlord:Tenant shall not record this Lease
or any memorandum of this Lease without Landlord’s prior written consent.
31.m.Cumulative Remedies:No remedy or election hereunder shall be deemed
exclusive,but shall,wherever possible,be cumulative with all other remedies at law or in equity.
31.n.Corporate Authority:If Tenant is a corporation or limited liability company,each
individual executing this Lease on behalf of said corporation or limited liability company
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of
said corporation or limited liability company pursuant to duly enacted resolutions or other action
of such corporation or limited liability company and that this Lease is binding upon said
corporation or limited liability company in accordance with its terms.
25
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
AGENDA ITEM #5. e)
TENANT
RAINIERFLIGHTSERVICES,LLC
a Washington limited liability corporation
Its
Date
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
LAG -
LANDLORD:
THE CITYOF RENTON
a Washington municipal
corporation
Armondo Pavone
Mayor
Date:
ATTEST:
Jason A.Seth,City Clerk
Date:
Approved as to legal form:
Shane Moloney,City Attorney
26
AGENDA ITEM #5. e)
Srgl?D‘MM1:?!-
stru
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LAG
STATEOF WASHINGTON )
$5
I certify that I know or have satisfactory evidence that personwhoappearedbeforeme,and s/he acknowledged that s/he signed this ment,on oath stated thats/he the i ged it as the
of be the free and voluntary act of
forthe es and purposes mentioned in the instrument
Dated this ay of 2
nature of Notary]
E E [Print Name of Notary]
T
Notary Public in and for the State of
Washington,residing at
My commission expires:
STATEOF WASH NGTON
ss
COUNTYOF
I certify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated thats/he was authorized to execute the instrument and acknowledged it as the
of a ,to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument.
Dated this day of ,20
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
27LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parce|800)
AGENDA ITEM #5. e)
LAG
STATE OF WASHINGTON )
ss
COUNTYOF
I certify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of a to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument
Dated this day of 20
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires
STATE OF WASHINGTON )
ss
COUNTYOF
I certify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of a to be the free and voluntary act of such
forthe uses and purposes mentioned in the instrument
Dated this day of ,20
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
28
AGENDA ITEM #5. e)
Lease Mag and Legal Descrigtign
LA
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EXHIBITA
[ATTACH]
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City of Renton to Rainier Flight Services,LLC(Parcel 800)
29
AGENDA ITEM #5. e)
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LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
LAG
30
AGENDA ITEM #5. e)
LA
G
EXHIBITB
Aircraft Laws and Regulations,
RCW 47.68.250:Public Highways and Transportation.
[See following]
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
3
1
AGENDA ITEM #5. e)
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Registration of aircraft.
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
LAG
32
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be segiste wixh111Edepartment for hula:year in oh the
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solely as stock :'I t]of an aucran §191199 I Title 15 R
57 A11.I.l1n il‘e
AGENDA ITEM #5. e)
LEASEAGREEMENT
City of Renton to Rainier Flight Services,LLC(Parcel 800)
LAG
33
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base a 10:61 on an annual basis as requested by the divisicn
1:3995 r.170§3:1.93c 208 {9719375220 §3‘E9?c !$8§
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Effective date ~2003 c 375:See note followmg RCW :7 5"““'Q,
Severabimy -1987 c 220:See noie toliowing ROW ,4
Ailcra?dealers:Chapter L"f'}ROW.
of terms:M 96?9'29 a?68
AGENDA ITEM #5. e)
B. Map View of 800 Parcel
Rainier Flight Service, LLC
AGENDA ITEM #5. e)
AB - 3645
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Addendum 7-24 to LAG-93-004 with BHC, Inc
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Airport
STAFF CONTACT: Joey Root, Airport Business Development Coordinator
EXT.: 7478
FISCAL IMPACT SUMMARY:
The City will receive annual lease revenue of $58,534.21 plus leasehold excise tax.
SUMMARY OF ACTION:
The City and BHC, Inc entered into a lease agreement LAG-93-004 on October 28, 1993, for the ground lease of
850 W Perimeter Road on the Renton Airport. This parcel is a total of 48,778.51 square feet, and BHC, Inc
owns the hangar building on the parcel which is used for aircraft storage.
The initial term of the lease terminated December 31, 2019. The lease allows for an option to extend for two
further five (5) year terms. The first five-year extension was approved by City Council as Amendment No. 6-20
and extended the lease term to December 31, 2024.
The Lessee has fully and faithfully complied with all the terms and conditions of the lease and would like to
renew the lease for a second 5-year term commencing on December 31, 2024 (the expiration of the first 5-
year term) and terminating on December 31, 2029 (expiration of second 5-year term).
Amendment No. 6-20 established a rental rate of $0.697 per square foot for the period of October 28, 2018,
through October 28, 2023. On June 17, 2024, through staff and Tenant negotiations a new land rental rate was
established at $1.20 per square foot per year. This contract accounts for lease rate increases retroactive to
April 1, 2024, and continuing until October 28, 2028.
EXHIBITS:
A. Addendum 7-24 to LAG 93-004
B. Map View of 850 Parcel
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Addendum 7-24 with BHC, INC to extend the term of the
original lease for an additional five (5) year term, expiring on December 31, 2029, and a lease rate adjustment
that will increase the annual leasehold amount by $24,535.59 and accounts for the collection of rent
retroactive to April 1, 2024, in accordance with the terms contained in LAG 93-004.
AGENDA ITEM #5. f)
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AGENDA ITEM #5. f)
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AGENDA ITEM #5. f)
AB - 3646
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Addendum 8-24 to LAG-99-003 with Lane Hangar Condominiums
Owners Association
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Airport
STAFF CONTACT: Joey Root, Airport Business Development Coordinator
EXT.: 7472
FISCAL IMPACT SUMMARY:
The City will continue to receive annual lease revenue of $38,263.56 plus leasehold excise tax.
SUMMARY OF ACTION:
The City and Lane Hangar Condominiums Owners Association entered into lease agreement LAG-99-003 on
August 1, 1998 for the ground lease of 500 W Perimeter Road at the Renton Airport. Lane Hangar
Condominiums Owners Association owns two hangar buildings on the parcel which are used for aircraft
storage.
The initial term of the lease terminated July 31, 2018. The lease allows for an option to extend for two further
five (5) year terms.
Lessee exercised its option to extend the term for the first five-year extension, but Addendum 7-21 was not
officially executed by the parties and would have extended the lease term to July 31, 2023. This issue is
addressed in the 2nd lease extension, Addendum 8-24.
The Lessee has fully and faithfully complied with all the terms and conditions of the lease and would like to
renew the lease for a 2nd five-year term commencing on the expiration of the first extended term and
terminating on July 31, 2028.
EXHIBITS:
A. Addendum 8-24 to LAG 99-003
B. Map View of 500 and 520 Parcel
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Amendment 8-24 with Lane Hangar Condominiums Owners
Association to extend the term of the original lease for a 2nd five (5) year term, expiring on July 31, 2028 in
accordance with the terms contained in LAG 99-003.
AGENDA ITEM #5. g)
LAG-99-003
Addendum 8-24
ADDENDUM TO LEASEAGREEMENT
(City of Renton to Lane Hangar Condominiums Owners Association)
THISADDENDUMto Lease Agreement LAG-99—003,is effective as of the date of
execution by the City of Renton,as indicated on the last page of this addendum.
RECITALS:
WHEREAS,Lane Hangar Condominiums Owners Association,a Washington
nonprofit corporation (”Lessee")has a lease agreement with the City of Renton
(”Lessor”),LAG-99-003,for premises located at the Renton Municipal Airport,with a
commencement date of August 1,1998 (the ”Lease Agreement");and
WHEREAS,pursuant to Section 2a of the Lease Agreement,the initial term of the
Lease Agreement was for a twenty (20)year period commencing on August 1,1998,and
terminating on July 31,2018;and
WHEREAS,Addendum 7-21 to the Lease Agreement wasdrafted to grant Lessee
an extension to the Lease for a five (5)year term commencing on the expiration of the
initial term and terminating on July 31,2023;and
WHEREAS,Lessee exercised its option to extend the Term of the Lease
Agreement for an additional five (5)years,beginning on July 31,2018 and terminating
on July 31,2023;and
WHEREAS,Addendum 7—21was never officially executed by the Parties;and
WHEREAS,pursuant to Section 2b of the Lease Agreement,the Lease Agreement
provides an option to Lessee to renew or extend the Lease Agreement for an additional
five (5)year term,commencing on the expiration of the first extended term and
terminating on July 31,2028;provided that Lessee has ”fully and faithfully complied
with all terms and conditions of this Lease Agreement”during the initial term;and
WHEREAS,to Lessor’s knowledge,Lessee has met the criterion to fully and
faithfully comply with the terms of the Lease Agreement,allowing Lessee to exercise the
extension of the further five (5)year term;and
WHEREAS,Lessee notified Landlord of Lessee’s desire to renew or extend the
Lease for a further five (5)year term;and
WHEREAS,pursuant to paragraph 10 of the Lease Agreement,the buildings and
improvements become the property of the City upon the expiration of the lease on
August 1,2028;and
Lease Agreement 99-003,Addendum 8-24 1
City of Renton to Lane Hangar Condominiums Owners Association
AGENDA ITEM #5. g)
LAG-99-003
Addendum 8-24
WHEREAS,pursuant to paragraph 12 of the Lease Agreement,Lessee will satisfy
all outstanding liens,or other debts,before transfer of ownership to the City;and
WHEREAS,all other terms and conditions of the Lease Agreement and the
addenda thereto shall remain in full force and effect;
NOW,THEREFORE,IN CONSIDERATIONOF THE TERMS AND CONDITIONSHEREIN
CONTAINEDAND FOR OTHER GOOD AND VALUABLECONSIDERATION,THE RECEIPT
AND SUFFICIENCYOF WHICH IS HEREBYACKNOWLEDGED,LESSORAND LESSEEAGREE
TO AMENDTHE LEASEAND LEASEADDENDAAS SET FORTH BELOW:
WITNESSETH:
1.The Lease Agreement (LAG99—003)is hereby renewed and extended for five (5)
years,commencing on August 1,2023,and terminating on July 31,2028.
2.All previous actions taken to maintain Tenant’s tenancy at the Renton Municipal
Airport are hereby ratified.
3.Effective on the date of this addendum,Landlord and Tenant do hereby agree that
Section 3 of LAG99—003,is amended to provide for a Minimum Monthly Rent in the
sum of three thousand,one hundred eighty-eight dollars and sixty three cents
($3,188.63),which amount is one-twelfth of the Total Annual Rent,PLUS leasehold
excise tax as described in Section 4 of lease LAG99—003,without deduction,offset,
prior notice or demand,payable promptly in advance on the first day of each and
every month of the Term.This Minimum Monthly Rate shall remain in effect until
July 31,2025.Minimum base rental for any extended period shall not be less than
the current Total Annual Rent of $38,263.56.
4.Effective on the date of this addendum,Landlord and Tenant do hereby agree that
Section 3 of LAG99—003,is amended to provide that all payments made pursuant to
this Lease shall be made to the City of Renton,Attention:Fiscal Services,1055 South
Grady Way,Renton,Washington 98057;or (2)By electronic payment using the
payment portal available at http://rentonwa.gov/aronlinepayments.Automatic
recurring payments can be set up through the payment portal.For portal questions
or assistance,please email financeAR@rentonwa.gov or call (425)430-6897.
5.All other terms and conditions of the original Lease Agreement and Addenda
thereto,insofar as they are not inconsistent herewith,shall remain in full force and
effect.
Lease Agreement 99—003,Addendum 8—24 2
City of Renton to Lane Hangar Condominiums Owners Association
AGENDA ITEM #5. g)
LAG-99-003
Addendum 8-24
LANEHANGARCONDOMINIUMS CITYOF RENTON
OWNERS ASSOCIATION a Washington municipal corporation
a Washington nonprofit corporation
Armondo Pavone
Mayor
Title
Date
Attestation
Jason A.Seth
City Clerk
Approved as to legal form
Shane Moloney
City Attorney
Lease Agreement 99-003,Addendum 8-24 3
City of Renton to Lane Hangar Condominiums Owners Association
r69»
AGENDA ITEM #5. g)
B. Map View of 500 and 520 Parcel
Lane Hangar Condominiums Owners AssociaƟon
AGENDA ITEM #5. g)
AB - 3647
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Lease Agreement with Northwest Seaplanes, Inc.
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Airport
STAFF CONTACT: Joey Root, Airport Business Development Coordinator
EXT.: 7478
FISCAL IMPACT SUMMARY:
Tenant shall pay to Landlord a Minimum Monthly Rent in the sum of $6,652.00 ($1,632.20 Land Component +
$5,019.80 Building Component) totaling $79,824.00 annually, PLUS Leasehold Excise Tax. This contract
accounts for lease rate increases retroactive to July 1, 2024, prior to execution of the lease.
SUMMARY OF ACTION:
The City and Northwest Seaplanes, Inc. entered into a lease agreement LAG-19-005 on November 1, 2018 for
the 4,560 sq. Ft. building and 14,193 sq. ft. premises of 608 W Perimeter Road at the Renton Airport. The term
of the lease terminated on October 31, 2023.
The City owns the building on the premises which Northwest Seaplanes, Inc. uses for aircraft maintenance and
repair.
Northwest Seaplanes, Inc. leases a second property at the airport located at 860 W Perimeter Road from
which they operate their seaplane flights, charter, and tour business. The tenant has proposed development
plans for this parcel which will include a new base for their maintenance division.
The City and Northwest Seaplanes, Inc. have agreed to a month-to-month lease for Parcel 608 that is subject
to a 90-day cancellation notice. The Airport staff and the tenant will review this lease annually and determine
the tenants continued occupancy. This allows the tenant time to work on the proposed development project
at Parcel 860.
EXHIBITS:
A. 2024 608 Lease NWSP
B. Map View of 608 Parcel
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the month-to-month Lease in the sum of $6,652.00 ($1,632.20
Land Component + $5,019.80 Building Component) with Northwest Seaplanes, Inc.
AGENDA ITEM #5. h)
Legal Descrigticn
LAG -
LEASEAGREEMENT
City of Renton to Northwest Seaplanes,lnc.(Parcel 608)
MONTH-TO-MONTH BUILDING &PREMISES
THIS LEASE(hereinafter ”Lease”)is made and entered into this day of ,2024,
by and between THE CITY OF RENTON,a Washington municipal corporation (hereinafter
"Landlord"or the ”City”),and NORTHWEST SEAPLANES,|NC.,a Washington corporation
(hereinafter ”Tenant”).
In consideration of the covenants and agreements set forth in this Lease,Landlord and Tenant
agree as follows:
1.GRANT OF LEASE:
1.a.Documents of Lease:The following document constitutes this Lease,together
with:
Exhibit A -Lease Map and Legal Description
Exhibit B -Aircraft Laws and Regulations,RCW 47.68.250:Public Highways and
Transportation
1.b.:Landlord hereby leases to Tenant,and Tenant leases from
Landlord for the term described in Section 3 below,PARCEL 608,on 608 West Perimeter Road,
Renton Washington]as more fully described in this Lease,with said parcels shown on Exhibit ”A
”(lease map and legal description),which is attached hereto and incorporated herein by this
reference (hereinafter,"Premises").
1.c.Common Areas:Tenant,and its Authorized Representatives,subtenants,
assignees,and licensees,shall have the right to use,in common with others,on a non-exclusive
basis and subject to the Airport Regulations and Minimum Standards (as they may be amended
from time to time)pursuant to Section 8(e)below,the public portion of the Renton Municipal
Airport (aka Clayton Scott Field,hereinafter referred to as ”Airport"),including the runway and
other public facilities provided thereon.
1.c.(1).Notwithstanding anything in this Lease to the contrary,Landlord acknowledges
that direct access to the taxiways and runway from the Premises is essential to the conduct of
Tenant’s business on the Premises and,except during construction activities occurring on the
taxiways,runway or weather related events,Landlord shall ensure that Tenant and its
representatives,subtenants,assignees,agents,invitees,and licensees have direct access to the
taxiways and runway at all times during the Term.
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Sgeci?c Conditions:
No Conveyance ofAirgort
1.d.Cancellation of Existing Lease:Tenant understands and agrees that as of the
effective date of this Lease,this Lease shall supersede all pre-existing leases the Tenant has with
the City.Therefore,the existing lease the Tenant has with the City,LAG-19-005 shall be
terminated upon execution of this Lease.
2.CONDITIONS:
2.3.This Lease,and Tenant’s rights and permitted uses under this
Lease are subject to the following:
2.a.(1).The Airport Regulations and Minimum Standards pursuant to Section 8(e)
of this lease agreement,including Landlord's standards concerning operation of public
aviation service activities from the Airport;and
2.a.(2).All such non-discriminatory charges and fees for such use of the Airport
as may be established from time to time by Landlord.
2.b.:This Lease shall in no way be deemed to be a conveyance
ofthe Airport,and shall not be construed as providing any special privilege for any public portion
of the Airport except as described herein.The Landlord reserves the absolute right to lease or
permit the use of any portion of the Airport for any purpose deemed suitable for the Airport,
except that portion that is leased hereby.
2.c.Nature of Landlord's Interest:It is expressly understood and agreed that Landlord
holds and operates the Airport and the Premises under and subject to a grant and conveyance
thereof to Landlord from the United States of America,acting through its Reconstruction Finance
Corporation,and subject to all the reservations,restrictions,rights,conditions,and exceptions
of the United States therein and thereunder,which grant and conveyance has been filed for
record in the office of the Recorder of King County,Washington,and recorded in Volume 2668
of Deeds,Page 386;and further that Landlord holds and operates said Airport and Premises
under and subject to the State Aeronautics Acts ofthe State of Washington (chapter 165,laws of
1947),and any subsequent amendments thereof or subsequent legislation of said state and all
rules and regulations lawfully promulgated under any act or legislation adopted by the State of
Washington or by the United States or the Federal Aviation Administration.It is expressly agreed
that the Tenant also accepts and will hold and use this Lease and the Premises subject thereto
and to all contingencies,risks,and eventualities of or arising out of the foregoing,and if this
Lease,its Term,or any conditions or provisions of this Lease are or become in conflict with or
impaired or defeated by any such legislation,rules,regulations,contingencies or risks,the latter
shall control and,if necessary,modify or supersede any provision of this Lease affected thereby,
all without any liability on the part of,or recourse against,Landlord in favor of Tenant,provided
that Landlord does not exceed its authority under the foregoing legislation,rules and regulations
and provided further that,in the event that this Lease is modified or superseded by such
2
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Future DevelonentlFunding
Cleanin of Catch Basins and Oil Water Se arators:
.OV,,
Rental Payment Schedule
legislation,rules,regulations,contingencies or risks,all compensation payable to the Landlor
dforathirdparty’s use of the improvements during the Term shall be paid to the Tenant,its
successors or its assigns.
2.d.:Nothing contained in this Lease shall operate or be
construed to prevent or hinder the future development,improvements,or operation of Airport
by Landlord,its agents,successors or assigns,or any department or agency of the State of
Washington or ofthe United States,or the consummation of any loan or grant of federal or state
funds in aid of the development,improvement,or operation of the Renton Airport,but
Landlord’s exercise of such rights shall not unreasonably interfere with Tenant’s rights under this
Lease.
2.e.At Tenant’s cost,Tenant shall
routinely inspect,and clean and remove all sediment and other debris from,the catch basins and
oil/waterseparators on the Premises.In doing so,Tenant shall comply with all applicable federal,
state,and local laws and regulations.Tenant shall provide Landlord with documentation of
inspection,cleaning,and removal.
3.TERM:The term ofthis Lease (the ”Term”)as to the Premises shall be for a month-
to—month term commencing on July 1,2024 (hereinafter ”Commencement Date”),and shall
continue on a month-to-month basis until such time as one party gives the other written notice
of termination,except that Landlord may terminate this lease upon not less than three days’
notice in the case of nonpayment of rent.Either party may,upon written notice to the other
delivered at least ninety (90)days before the end of the calendar month,terminate this lease
without cause at such effective date.
4.RENT FEES CHARGES
4.a.Minimum Monthlv Rent:Tenant shall pay to Landlord a Minimum Monthly Rent,
PLUS Leasehold Excise Tax as described in this section,below,without deduction,offset,prior
notice or demand,payable promptly in advance on the first day of each and every month.Al
lsuchpaymentsshallbemadetotheCityofRenton,Attention:Fiscal Services,1055 South Grady
Way,Renton,Washington 98057;or (2)By electronic payment using the payment portal available
Automatic recurring payments can be set up through
the payment portal.For portal questions or assistance,please email financeAR@rentonwa.gov
or call (425)430-6897.The Minimum Monthly Rent,beginning on the Commencement Date,is
computed as follows:
(Monthlv Rental —Land Component
(14,193 square feet)($1.38 per square foot per year)=$19,586.34/yr,($19,586.34/12
months:$1,632.20 per month)
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
http://rentonwa /aron|inenavments
AGENDA ITEM #5. h)
Monthly Rental —Building Comgonent
"E
LAG
-(4,560 square feet)($13.21 per square foot per year)=$60,237.60/yr,($60,237.60/12
months =$5,019.80 per month)
Monthly Rental land Component 5 1,632.20
Monthlv Rental —Buildi Component 5 5,019.80
Total monthly rental,plus leasehold excise tax $6,652.00
4b.Within thirty (30)days of the date of entry of this Lease,Tenant shall pay to Landlord
a lump sum of the back payment Monthly Rate for the period beginning July 1,2024 and ending
with the first day of the month AFTERthis Lease is entered into,PLUS Leasehold Excise Tax.
4c.Periodic Rental Adjustment:The Minimum Monthly Rent shall be subject to automatic
adjustment on July 1 of each year following the Commencement Date (each of which shall
hereinafter be referred to as "Adjustment Date")as follows:
As used in this Section 4.b,”Index”means the Consumer Price Index for All Urban
Consumers for Seattle-Tacoma-Bremerton All Items (1982—84=100)(CPI-U)published by
the United States Department of Labor,Bureau of Labor Statistics;”Beginning Index"
means the Index which is published on February preceding the Commencement Date;and
”Adjustment Index”means the Index which is published on February preceding each
Adjustment Date.
For the first Periodic Rent Adjustment,if the Adjustment Index has increased over the
Beginning Index,the Minimum Monthly Rent payable for the following year (until the next
Adjustment Date)shall be set by multiplying the Minimum Monthly Rent provided for in
Section 4.a.of this Lease by a fraction,the numerator of which is the Adjustment Index
and the denominator of which is the Beginning Index.The product shall be the ”Adjusted
Monthly Rent."In no event shall the Minimum Monthly Rent determined pursuant to this
paragraph be less than the Minimum Monthly Rent set forth in Section 4.a.of this Lease.
For the second and any subsequent Periodic Rent Adjustment,if the Adjustment Index is
greater than the Adjustment Index one year prior,then the Minimum Monthly Rent
payable for the following year (until the next Adjustment Date)shall be set by multiplying
the then current Minimum Monthly Rent by a fraction,the numerator of which is the
Adjustment Index and the denominator of which is the Adjustment Index from one year
prior.The product shall be the ”Adjusted Monthly Rent.”In no event shall the Minimum
Monthly Rent determined pursuant to this paragraph be less than the then current
Minimum Monthly Rent.
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
LATED SERVICES
LAG -
4.d.Periodic Rental Adjustment:The Minimum Monthly Rent may also be subject to
periodic adjustment by means other than the Consumer Price Index.The Landlord shall give
written notification to Tenant of any change in the rental amount at least thirty (30)days prior
to the effective date of the Rental Adjustment.
4.e.Late Payment Charge:If any Rent is not received by Landlord from Tenant by the
tenth (10“)business day after such Rent is due,Tenant shall immediately pay to Landlord a late
charge equal to five percent (5%)of the amount of such Rent.Should Tenant pay said late charge
but fail to pay contemporaneously therewith all unpaid amounts of Rent,Landlord’s acceptance
of this late charge shall not constitute a waiver of Tenant’s default with respect to Tenant’s
nonpayment nor prevent Landlord from exercising all other rights and remedies available to
Landlord under this Lease or under law.If any check received by Landlord from Tenant is returned
unpaid for any reason,Landlord reserves the right to charge,and Tenant agrees to pay,an
additional charge up to the maximum amount allowed by law.Landlord’s acceptance of this
additional charge shall not constitute a waiver of Tenant’s default with respect to Tenant’s
returned check nor prevent Landlord from exercising all other rights and remedies available to
Landlord under this Lease or under law.Unpaid amounts of rent,late charges,or additional
charges shall bear interest at the rate of twelve (12%)percent per annum until paid.
4.f.Other Fees and Charges:Tenant shall pay,in addition to the Monthly Rent and
other charges identified in this Lease,all non-discriminatory fees and charges now in effect or
hereafter levied or established by Landlord or charged against the Premises and against other
similarly situated Tenants at the Airport by Landlord,or levied or established by,or against the
Premises by any other governmental agency or authority,being or becoming levied or charged
against the Premises,structures,business operations,or activities conducted by or use made by
Tenant of,on,and from the Premises,including without limitation,Aircraft Rescue and Fire
Fighting or services rendered to the Tenant or the Premises.
5.LEASEHOLDEXCISETAX:Tenant shall pay to Landlord the leasehold excise tax as
established by RCW Chapter 82.29A,as amended,or any replacement thereof,which tax shall be
in addition to the Monthly Rent and other charges payable under this Lease and shall be paid at
the same time the Monthly Rent is due.If the State of Washington or any other governmental
authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on
this Lease or the leasehold estate described herein,then Tenant shall pay such tax or charge
when due.Such tax or charge shall be in addition to the Monthly Rent and other taxes or charges
payable under this Lease.
6.PAYMENT OF UTILITIESAND RE .Tenant shall pay for all utilities
and services used in the Premises,including without limitation electricity,gas,water,sewer,
garbage removal,janitorial service,and any other utilities and services used in the Premises.
Landlord shall not be liable for any loss or damage caused by or resulting from any variation,
interruption,or failure of any utility services due to any cause whatsoever,except,and only to
5
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
,,,,,,,,PTAN
Acceptance of Premises
the extent caused by,Landlord’s negligence.Landlord shall not be liable for temporary
interruption or failure of such services incidental to the making of repairs,alterations or
improvements,or due to accident,strike,act ofGod,or conditions or events not under Landlord's
control.Temporary interruption or failure of utility services shall not be deemed a breach of the
Lease or as an eviction of Tenant,or relieve Tenant from any of its obligations hereunder.
7 TENANT'S ACCE CE OF PREMISES:
7.a.:By occupying the Premises,Tenant formally accepts the
Premises in ”AS IS”condition,and acknowledges that the Landlord has complied with all the
requirements imposed upon it under the termsof this Lease with respect to the condition of the
Premises at the Commencement Date.Tenant hereby accepts the Premises subject to all
applicable zoning,federal,state,county and municipal laws,ordinances and regulations
governing and regulating the use of the Premises,and accepts this Lease subject thereto and to
all matters disclosed thereby and by any exhibits attached hereto.Tenant acknowledges that,
except as otherwise provided in this Lease,neither Landlord nor Landlord's agents have made
any representation or warranty as to the suitability of the Premises for the conduct of Tenant's
business or use.Except as otherwise provided herein,Landlord warrants Tenant's right to
peaceably and quietly enjoy the Premises without any disturbance from Landlord,or others
claiming by or through Landlord.
8.USE OF PREMISES:
8.a.Use of Premises:The Premises are leased to the Tenant for the following described
purposes and uses necessary to said purposes:
8.a.(1).Aircraft Maintenance including inspection,major and minor repair,and major and
minor alteration of airframes,engines,avionics,interiors and aircraft components;
8.a.(2).Storage and tie-down of aircraft,both indoors and outdoors;
8.a.(3).Sale of aviation fuels and lubricants;
8.a.(4).Sale of aircraft parts,components and pilot supplies;
8.a.(5).Aircraft servicing with fluids and compressed gases;and
8.a.(6).Aircraft grooming;
8.a.(7).Maintenance engine runs near the base of the tower are prohibited.
8.b.Continuous Use:Tenant covenants that the Premises shall be continuously used for
8.a.(1),and some or all of the remaining purposes set forth above during the Term,shall not be
6
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Conformity with Laws Rules and Regulations
nce'wv ,,W,,,,
Tenant’s Regresentation and Warranty
LAG -
allowed to stand vacant or idle,subject to reasonable,temporary interruptions for maintenance,
construction,or other purposes,and shall not be used for any other purpose without Landlord’
spriorwrittenconsent.Consent of Landlord to other types of aviation activities will not be
unreasonably withheld.
8.c.Non-Aviation Uses Prohibited:Tenant agrees that the Premises may not be used
for uses or activities that are not related,directly or indirectly,to aviation.
8.d.Advertising:No advertising matter or signs shall be displayed on the Premises,at
anytime,without the prior written approval of Landlord,which approval will not be unreasonably
withheld.
8.e.:Tenant shall comply with applicable
federal,state,county and municipal laws,ordinances and regulations concerning Tenant’s use of
the Premises.Tenant shall keep and operate the Premises and all structures,improvements,and
activities in or about the Premises in conformity with the Airport Regulations and Minimum
Standards and other reasonable rules and regulations now or hereafter adopted by Landlord,
provided that all such Airport Regulations and Minimum Standards and other rules adopted
hereafter are non-discriminatory,all at Tenant’s cost and expense.
8.f Waste:Nuisa Illegal Activities:Tenant shall not permit any waste,damage,or
injury to the Premises or improvements thereon,nor allow the maintenance of any nuisance
thereon,nor the use thereof for any illegal purposes or activities.
8.g.Increased Insurance Risk:Tenant shall not do or permit to be done in or about the
Premises anything which will be dangerous to life or limb,or which will increase any insurance
rates upon the Premises or other buildings and improvements at the Airport.
8.h.Hazardous Waste:
8.h.(1).:Tenant shall not dispose of or otherwise
allow the release of any Hazardous Substances in,on or under the Premises,the Airport,or any
tenant improvements or alterations placed on the Premises by Tenant.Tenant represents and
warrants to Landlord that Tenant’s intended use of the Premises does not and will not involve
the use,production,disposal or bringing on to the Premises of any Hazardous Substances other
than fuels,lubricants and other products which are customary and necessary for use in Tenant’s
ordinary course of business,provided that such products are used,stored and disposed of in
accordance with applicable laws and manufacturer’s and supplier’s guidelines.Tenant shal
lpromptlycomplywithalllawsandwithallorders,decrees or judgments of governmental
authorities or courts having jurisdiction,relating to the use,collection,treatment,disposal,
storage,control,removal or cleanup by Tenant of Hazardous Substances,in,on or under the
Premises,or incorporated in any improvements or alterations made by Tenant to the Premises,
at Tenant’s sole cost and expense.
7
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Standard of Care
Tenant’s Non-Comgliance
Indemnity
8.h.(2).:Tenant agrees to use a high degree of care to be certain that no
Hazardous Substances are released or disposed or improperly used in,on or under the Premises
during the Term by Tenant,or its Authorized Representatives or assigns,or are released or
disposed or improperly used on the Premises by the act of any third party.
8.h.(3).:In the event of non—complianceby Tenant,after notice
to Tenant and a reasonable opportunity for Tenant to effect such compliance,Landlord may,but
is not obligated to,enter upon the Premises and take such actions and incur such costs and
expenses to effect such compliance with laws as it deems advisable to protect its interest in the
Premises,provided,however that Landlord shall not be obligated to give Tenant notice and an
opportunity to effect such compliance if (i)such delay might result in material adverse harm to
the Premises or the Airport,or (ii)an emergency exists.Tenant shall reimburse Landlord for the
full amount of all costs and expenses incurred by Landlord in connection with such compliance
activities and such obligation shall continue even after expiration or termination of the Term.
Tenant shall notify Landlord immediately of any release of any Hazardous Substances in,on or
under the Premises.
8.h.(4).
8.h.(4)(a).Landlord shall have no responsibility to the Tenant,or any other third party,for
removal or remedial action under Chapter 70A.305 RCW,or any other federal,state,county or
municipal laws,in the event of a release of or disposal of any Hazardous Substances in,on or
under the Premises during the Term that are caused by Tenant.Tenant shall defend,indemnify
and hold harmless Landlord,its officials,employees,agents and contractors (hereinafter ”City
Indemnitees”)from any claims,obligation,or expense (including,without limitation,third party
claims for personal injury or real or personal property damage),actions,administrative
proceedings,judgments,penalties,fines,liability,loss,damage,obligation or expense,including,
but not limited to,fees incurred by the Landlord or City Indemnitees for attorneys,consultants,
engineers,damages,environmental resource damages,and removal or remedial action under
Chapter 70A.305 RCW or other remediation,arising by reason of the release or disposal of any
Hazardous Substances in,on or under the Premises during the Term that are caused by Tenant.
The Parties agree that the provisions of this Section 8.h.(4)(a)do not waive or limit any
contribution or recovery rights that Landlord may have against Tenant relating to or arising from
the release or disposal of any Hazardous Substances in,on or under the Premises during the Term
that are not caused by Tenant.
8.h.(4)(b).The provisions of this Subsection 8.h.(4)shall survive the expiration or
termination of the Term.No subsequent modification or termination of this Lease by agreement
of the Parties or otherwise shall be construed to waive or to modify any provisions of this Section
unless the modification or termination agreement or other binding document expressly so states
in writing.
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Disgute Resolution
Aircraft Registration Comgliance
LAG -
8.h.(5).:In the event of any dispute between the Parties concerning
whether any Hazardous Substances were brought onto the Premises by Tenant,or whether any
release of or disposal of any Hazardous Substance was caused by Tenant,the Parties agree to
submit the dispute for resolution by arbitration upon demand by either Party.Landlord and
Tenant do hereby agree that the arbitration process shall be limited to not more than one
hundred fifty (150)calendar days,using the following procedures:
8.h.(5).a.Landlord shall select and appoint one arbitrator and Tenant shall select and
appoint one arbitrator,both appointments to be made within a period of sixty (60)days from the
end of the negotiation period cited in Section 8.h.(5),and both arbitrators to be environmental
consultants with experience in the identification and remediation of Hazardous Substances.
Landlord and Tenant shall each notify the other of the identity of their arbitrator and the date of
the postmark or personal delivery ofthe letter shall be considered the date of appointment.Each
Party shall bear the cost of the arbitrator named by it.
8.h.(5).b.The two appointed arbitrators shall meet,and shall make their decision on the
dispute in writing within thirty (30)days after the date of their appointment.If the appointment
date for either arbitrator is later than the other,the latter date shall be the appointment date for
purposes of the thirty (30)day deadline.
8.h.(5).c.If the two arbitrators are unable to agree on a decision on the dispute within a
period of thirty (30)days after such appointment,they shall,within a period of thirty (30)days
after the first thirty (30)day period,select a third arbitrator who is an environmental consultant
with experience in the identification and remediation of Hazardous Substances.If such third
arbitrator has not been selected or if such third arbitrator has not accepted such appointment
within such thirty (30)day period,either of the two arbitrators,Landlord,or Tenant may apply
to the head of the Seattle office of the American Arbitration Association to appoint said third
arbitrator.
8.h.(5).d.The three arbitrators shall have thirty (30)days from the date of selection of
the third arbitrator to reach a majority decision unless the time is extended by agreement of both
Parties.The decision ofthe majority ofsuch arbitrators shall be final and binding upon the Parties.
8.h.(5).e.The three arbitrators shall make their decision on their dispute in writing within
sixty (60)days after the third arbitrator’s appointment,unless the time is extended by the
agreement of the Parties.The decision of a majority of the arbitrators shall be final and binding
upon the Parties.The Parties shall bear equally the cost of the third arbitrator.
8.i.:The Tenant is hereby notified ofthe Washington
State law concerning aircraft registration and the requirement that the Tenant comply therewith.
See Exhibit B (”Aircraft Laws and Regulations,RCW 47.68.250 Public Highways and
Transportation").
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Aircraft airworthiness
f SnowZFloodwaterZMud
LAG
8.i.(1).Tenant shall annually,during the month of January,submit a report of aircraft
status to the Airport Manager.One copy of this report shall be used for each aircraft owned by
the Tenant,and sufficient forms will be submitted to identify all aircraft owned by the Tenant
and the current registration status of each aircraft.if an aircraft is unregistered,an unregistered
aircraft report shall also be completed and submitted to the Airport Manager.
8.i.(2).Tenant shall require from an aircraft owner proof of aircraft registration or proof
of intent to register an aircraft as a condition of subleasing tie-down or hangar space for an
aircraft.Tenant shall further require that annually,thereafter,each aircraft owner using the
Tenant’s Premises submit a report of aircraft status,or,if an aircraft is unregistered,an
unregistered aircraft report.Tenant shall annually,during the month of January,collect the
aircraft owners’reports and submit them to the Airport Manager.
8].:Aircraft placed,parked or stored other than within hangar
buildings must be airworthy.Whenever an aircraft is temporarily undergoing repairs exceeding
30 days,the Tenant will notify the Airport Manager of the repair status,and the date repairs wil
lbecompleted.When requested by the Landlord,the Tenant must provide a schedule showing
when repairs will be completed as to each such aircraft.lf Tenant fails to adhere to an agreed-
upon repair schedule,or fails to place and maintain the required red tag on the aircraft,the
Tenant may be subject to Civil Penalties or termination ofthis lease upon proper notice from the
City of Renton.
9.MAINTENANCE:
9.a.Maintenance of Premises:The Premises and all ofthe improvements or structures
thereon and authorized by the Landlord for use by the Tenant,shall be used and maintained by
Tenant in an operable,neat,orderly,and sanitary manner.Tenant is responsible for the clean-up
and proper disposal at reasonable and regular intervals of rubbish,trash,waste and leaves upon
the Premises,including that blown against fences bordering the Premises,whether as a result of
the Tenant’s activities or having been deposited upon the Premises from other areas.Tenant
shall maintain in good condition and repair the Premises,subject to ordinary wear and tear,
including,the interior walls,floors,and any interior portions of all doors,windows,and glass,
parking areas,landscaping,fixtures,heating,ventilating and air conditioning,including exterior
mechanical equipment.Tenant shall make all repairs,replacements and renewals,whether
ordinary or extraordinary,anticipated or unforeseen,that are necessary to maintain the Premises
in the condition required by this Section.Landlord will be responsible for plumbing and sewage
facilities within the building or under the floor slab including free flow up to the main sewer line,
utility facilities,exterior utility facilities,and exterior electrical equipment serving the Premises.
9.b.Removal 0 :Tenant shall be responsible for removal from
the Premises,all snow and/orfloodwaters or mud deposited,with the disposition thereof to be
10
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
erfo,.,,,
LAG
accomplished in such a manner so as to not interfere with or increase the maintenance activities
of Landlord upon the public areas of the Airport.
9.c.Maintenance,Repair a Marking of Pavement:Tenant shall be responsible for,and
shall perform,the maintenance,repair and marking (painting)of pavement surrounding the
buildings within and on the Premises.Such maintenance and repair shall include,as a minimum,
crack filling,weed control,slurry seal and the replacement of unserviceable concrete or asphalt
pavements,as necessary.To the degree the concrete and asphalt pavements are brought to FA
AstandardsatanytimeduringtheTermofthisLease,Tenant shall maintain the concrete and
asphalt pavements in such condition.
9.d.Right of Inspection:Tenant will allow Landlord or Landlord’s agent,free access at all
reasonable times to the Premises for the purpose of inspection,or for making repairs,additions
or alterations to the Premises,or any property owned by or under the control of Landlord.
Landlord shall provide ten (10)days’advance notice of any such inspection and use reasonable
efforts not to interfere with Tenant’s use of the Premises during any such inspection.
9.e.Landlord Mav P rm Maintenance:If Tenant fails to perform Tenant's obligations
under this section,Landlord may at its option (but shall not be required to)enter the Premises,
after thirty (30)days'prior written notice to Tenant,except in the event of an emergency when
no notice shall be required,and put the same in good order,condition and repair,and the cost
thereof together with interest thereon at the rate of twelve (12%)percent per annum shall
become due and payable as additional rental to Landlord together with Tenant's next installment
of Rent.
10.ALTERATIONS
10.a.Protection from Liens Before commencing any work relating to alterations,
additions and improvements affecting the Premises (”Work”),Tenant shall notify Landlord in
writing of the expected date of commencement of the Work.Tenant shall pay,or cause to be
paid,all costs of labor,services and/ormaterials supplied in connection with any Work.Tenant
shall keep the Premises free and clear of all mechanics'materialmen's liens or any other liens
resulting from any Work.Tenant shall have the right to contest the correctness or validity of any
such lien if,immediately on demand by Landlord,it procures and records a lien release bond
issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements
therefor in the State of Washington.Tenant shall promptly pay or cause to be paid all sums
awarded to the claimant on its suit,and,in any event,before any execution is issued with respect
to any judgment obtained by the claimant in it suit or before such judgment becomes a lien on
the Premises,whichever is earlier.If Tenant shall be in default under this Section,by failing to
provide security for or satisfaction of any mechanic’s or other liens,then Landlord may,at its
option,in addition to any other rights or remedies it may have,discharge said lien by (i)paying
the claimant an amount sufficient to settle and discharge the claim,(ii)procuring and recording
11
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Landlord May Make lmgrovements
M LIABILITV
a lien release bond,or (iii)taking such other action as Landlord shall deem necessary or advisable,
and,in any such event,Tenant shall pay as Additional Rent,on Landlord’s demand,all reasonable
costs (including reasonable attorney fees)incurred by Landlord in settling and discharging such
lien together with interest thereon at the rate of twelve (12%)percent per year from the date of
Landlord’s payment of said costs.Landlord’s payment of such costs shall not waive any default
of Tenant under this Section.
10.b.Bond:At any time Tenant either desires to or is required to make any repairs,
alterations,additions,improvements or utility installation thereon,or otherwise,Landlord may
at its sole option require Tenant,at Tenant's sole cost and expense,to obtain and provide to
Landlord a lien and completion bond in an amount equal to one and one-half (1-1/2)times the
estimated cost of such improvements,to insure Landlord against liability for mechanics and
materialmen's liens and to insure completion of the work.
10.c.:Tenant agrees that Landlord may,at its option
and at its expense,make repairs,alterations or improvements which Landlord may deem
necessary or advisable for the preservation,safety or improvement of utilities or Airport
infrastructure on the Premises,if any.Landlord shall provide ten (10)days’advance notice of
any such work and use reasonable efforts to not interfere with Tenant’s use of the Premises
during any such work.
11.IMPROVEMENTS:As further consideration for this Lease,it is agreed that upon
the expiration or termination of the Term,all structures and any and all improvements of any
character whatsoever installed on the Premises (except for any fuel tanks and related structures
owned by Tenant)shall be and become the property of the Landlord,and title thereto shall
automatically pass to Landlord at such time,and none of such improvements now or hereafter
placed on the Premises shall be removed therefrom at any time without Landlord’s prior written
consent.During the Term,Tenant shall hold title to all improvements placed by Tenant on the
Premises.Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding
liens,or other debts,affecting or encumbering such improvements before transfer of ownership
of such improvements to Landlord upon the expiration or termination of the Term.Alternatively,
Landlord may,at its option,require Tenant,concurrently with the expiration or termination of
the Term,to remove any and all improvements and structures installed by Tenant,and repair any
damage caused thereby,at Tenant’s expense.
12.EXEMPTION OF LANDLORDFRO .Landlord or Landlord’s agents shall
not be liable for injury to persons or to Tenant’s business or loss of income therefrom or for
damage which may be sustained by the person,goods,wares,merchandise or property of
Tenant,its Authorized Representatives,or any other person in or about the Premises,caused by
or resulting from (a)fire,electricity,gas,water or rain which may leak or flow from or into any
part of the Premises,(b)any defect in or the maintenance or use of the Premises,or any
improvements,fixtures and appurtenances thereon,(c)the Premises or any improvements,
12
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
AssignmentlSubletting
fixtures and appurtenances thereon becoming out of repair,(d)the breakage,leakage,
obstruction or other defects of the pipes,sprinklers,wires,appliances,plumbing,heating,
ventilating or air conditioning or lighting fixtures of the Premises,(e)flooding of the Cedar River
or other body of water,or from any other source whatsoever,whether within or without the
Premises;or (f)any act or omission of any other tenant or occupant of the building in which the
Premises are located,or their agents,servants,employees,or invitees,provided,that the
foregoing exemption shall not apply to losses to the extent caused by Landlord’s or its agents’,
contractors’,or employees’negligence or willful misconduct.
13.INDEMNITYAND HOLD HARMLESS:Tenant shall defend,indemnify and hold
harmless Landlord against any and all claims arising from (a)the conduct and management of or
from any work or thing whatsoever done in or about the Premises or the improvements or
equipment thereon during the Term,or (b)arising from any act or negligence or willfu
lmisconductoftheTenantoranyofitsagents,contractors,patrons,cuStomers,employees,or
invitees,or (c)arising from any accident,injury,or damage whatsoever,however caused,to any
person or persons,or to the property of any person,persons,corporation or other entity
occurring during the Term in,on,or about the Premises,and from and against all costs,attorney's
fees,expenses,and liabilities incurred in or from any such claims or any action or proceeding
brought against the Landlord by reason of any such claim,except to the extent caused by the sole
negligence of Landlord,its agents,contractors,employees,or its Authorized Representatives.
Tenant,on notice from Landlord,shall resist or defend such action or proceeding forthwith with
counsel reasonably satisfactory to,and approved by,Landlord.Landlord shall indemnify,defend,
and hold Tenant harmless from and against any and all claims,losses,damages,costs,attorney’s
fees,expenses,and liabilities arising from the negligence or willful misconduct of Landlord or any
of the City’s Authorized Representatives.On notice from Tenant,Landlord,at Landlord’s expense,
shall defend any such action or proceeding forthwith.The indemnity in this Section shall not apply
to Hazardous Substances,which is addressed elsewhere in this Lease.
14.ASSIGNMENT&SUBLETTING:
14.a.:Tenant shall not voluntarily assign or encumber its
interest in this Lease or in the Premises,or sublease any part or all of the Premises,without
Landlord’s prior written consent,which consent shall not be unreasonably withheld,conditioned,
or delayed,in accordance with the Renton Municipal Airport Leasing Policies.Any assignment,
encumbrance or sublease,whether by operation of law or otherwise,without Landlord’s consent
shall be void and shall constitute a default by Tenant under this Lease.No consent to any
assignment or sublease shall constitute a waiver ofthe provisions of this Section and no other or
subsequent assignment or sublease shall be made without Landlord’s prior written consent.
Before an assignment or sublease will be approved,the proposed assignee or subtenant must
comply with provisions of the then current Airport Leasing Policies,including,but not limited to
the ”Analysis of Tenant’s Financial Capacity,”independent of Tenant’s compliance or Financia
lCapacity.Consent shall not be unreasonably withheld,conditioned,or delayed.
13
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Conditions to Assignment or Sublease
No Release of Tenant's Liability
In the case of an assignment of the full leasehold interest and/orcomplete sale of the stock or
other interests in the entity constituting Tenant and concomitant transfer of ownership of said
entity,(a)in the case of an assignment,the proposed assignee shall deliver to Landlord a written
instrument duly executed by the proposed assignee stating that it has examined this Lease and
agrees to assume,be bound by and perform all of Tenant’s obligations under this Lease accruing
after the date of such assignment,to the same extent as if it were the original Tenant,and (b)in
the case of a stock transfer,Transferee shall deliver a written acknowledgment that it shall
continue to be bound by all the provisions of this Lease after the transfer.Except in the case of
an assignment of the full leasehold interest,any assignment permitted herein will not relieve
Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto.In no
event will the assignment of the full leasehold interest or the complete sale of the stock or other
interests in the entity constituting Tenant and concomitant transfer of ownership of said entity
cause an extension of the Term of this Lease.
14.b.:Tenant agrees that any instrument by
which Tenant assigns or sublets all or any portion of the Premises shall (i)incorporate this Lease
by reference,(ii)expressly provide that the assignee or subtenant may not further assign or
sublet the assigned or sublet space without Landlord’s prior written consent (which consent shall
not,subject to Landlord’s rights under this Section,be unreasonably withheld,conditioned,or
delayed),(iii)acknowledge that the assignee or subtenant will not violate the provisions of this
Lease,and (iv)in the case of any assignment,acknowledge that Landlord may enforce the
provisions of this Lease directly against such assignee.If this Lease is assigned,whether or not in
violation of the terms and provisions of this Lease,Landlord may collect Rent from the assignee.
Acceptance of Rent by the Landlord shall not be a waiver of any of Landlord’s remedies against
Tenant for violation of provisions of this Lease.A subtenant may cure Tenant’s default.In either
event,Landlord shall apply the amount collected from the assignee or subtenant to Tenant's
obligation to pay Rent under this Lease.
14.c.:Neither an assignment or subletting nor the
collection of Rent by Landlord from any Person other than Tenant,nor the application of any such
Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section
or release Tenant from its obligation to comply with the terms and provisions of this Lease and
Tenant shall remain fully and primarily liable for all of Tenant’s obligations under this Lease,
including the obligation to pay Rent under this Lease,unless Landlord otherwise agrees in writing.
Notwithstanding the foregoing,in the event that Landlord’s consent to assignment is obtained
for a complete assignment and Assignee agrees in writing to assume all of the obligations and
liabilities of this Lease accruing after such assignment,Tenant shall be relieved of all liability
arising from this Lease and arising out of any act,occurrence or omission occurring after
Landlord’s consent is obtained.To the extent that any claim for which indemnification of the
Landlord (including with respect to Hazardous Substances)arises after Tenant’s complete
assignment for conduct predating said assignment,the Tenant shall not be relieved of obligations
or liability arising from this Lease.
14
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
We."
No Merger
Failure to Pay Rent
Failure to Comply with Airport Regulations and Minimum Standards
Failure to Perform or Cure
Aggointment of Trustee or Receiver
LAG
14.d.:No permitted subletting by Tenant shall be effective until there
has been delivered to Landlord a copy of the sublease and an executed Operating Permit and
Agreement in which the subtenant agrees not to violate and to act in conformity with the terms
and provisions of this Lease;provided that no Operating Permit shall be required for the
subletting of hangar or tie-down space for aircraft storage purposes.No permitted assignment
shall be effective unless and until there has been delivered to Landlord a counterpart of the
assignment in which the assignee assumes all of Tenant’s obligations under this Lease arising on
or after the date of the assignment.
14.e.:Without limiting any of the provisions of this Section,if Tenant has
entered into any subleases of any portion of the Premises,the voluntary or other surrender of
this Lease by Tenant,or a mutual cancellation by Landlord and Tenant,shall not work a merger
and shall terminate all or any existing subleases or subtenancies.
15.DEFAULTAND REMEDIES:
15.a.Default:The occurrence of any of the following shall constitute a default by
Tenant under this Lease
15.a.(1).:Failure to pay Rent when due,if the failure continues for a
period of three (3)business days after notice of such default has been given by Landlord to
Tenant.
15.a.(2).:Failure to
comply with the Airport Regulations and Minimum Standards,if the failure continues for a period
of twenty-four (24)hours after notice of such default is given by Landlord to Tenant.If the failure
to comply cannot reasonably be cured within twenty-four (24)hours,then Tenant shall not be in
default under this Lease if Tenant commences to cure the failure to comply within twenty-four
(24)hours and diligently and in good faith continues to cure the failure to comply.However,said
inability to cure within twenty-four (24)hours,diligence and good faith notwithstanding,cannot
be based on financial incapacity.
15.a.(3).:Failure to perform any other provision ofthis Lease,
if the failure to perform is not cured within thirty (30)days after notice of such default has been
given by Landlord to Tenant.If the default cannot reasonably be cured within thirty (30)days,
then Tenant shall not be in default under this Lease if Tenant commences to cure the default
within thirty (30)days of the Landlord’s notice and diligently and in good faith continues to cure
the default.
15.a.(4).:The appointment of a trustee or receiver
to take possession of substantially all of the Tenant’s assets located at the Premises or of Tenant’s
interest in this Lease,where possession is not restored to Tenant within sixty (60)days;or the
attachment,execution or other judicial seizure of substantially all of Tenant’s assets located at
15
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Failure to Comply With Laws
Additional Security
Terminate Lease
LAG
the Premises or of Tenant’s interest in this Lease,where such seizure is not discharged within
sixty (60)days.
15.a.(5).:It shall be a default ofthis Lease if the Tenant fails
to comply with any of the statutes,ordinances,rules,orders,regulations,and requirements of
the federal,state,and/orcity governments,or any terms of this Lease.
15.b.:If Tenant is in default under this Lease,and such default
remains uncured for more than three (3)business days after Landlord gives Tenant notice of such
default,then Landlord,at Landlord’s option,may in addition to other remedies,require Tenant
to provide adequate assurance of future performance of all of Tenant’s obligations under this
Lease in the form of a deposit in escrow,a guarantee by a third party acceptable to Landlord,a
surety bond,a letter of credit or other security acceptable to,and approved by,Landlord.I
fTenantfailstoprovidesuchadequateassurancewithintwenty(20)days of receipt of a request
by Landlord for such adequate assurance,such failure shall constitute a material breach of this
Lease and Landlord may,at its option,terminate this Lease.
15.c.Remedies:If Tenant commits a default,then following the expiration of the notice
and cure periods set forth in Section 15.a.above,Landlord shall have the following alternative
remedies,which are in addition to any remedies now or later allowed by law,and Landlord shall
use reasonable efforts to mitigate its damages:
15.c.(1)Maintain Lease in Force:To maintain this Lease in full force and effect and
recover the Rent and other monetary charges as they become due,without terminating Tenant's
right to possession,irrespective of whether Tenant shall have abandoned the Premises.lf
Landlord elects to not terminate the Lease,Landlord shall have the right to attempt to re—letthe
Premises at such rent and upon such conditions and for such a term,and to perform all acts
necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary,
without being deemed to have elected to terminate the Lease,including removal of all persons
and property from the Premises;such property may be removed and stored in a public
warehouse or elsewhere at the cost of and on the account of Tenant.In the event any such
re-letting occurs,this Lease shall terminate automatically upon the new Tenant taking possession
of the Premises.Notwithstanding that Landlord fails to elect to terminate the Lease initially,
Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous
default of Tenant so long as Tenant remains in default under this Lease.
15.c.(2).:To terminate Tenant’s right to possession by any lawful
means,in which case this Lease shall terminate and Tenant shall immediately surrender
possession of the Premises to Landlord.In such event Landlord shall be entitled to recover from
Tenant all damages incurred by Landlord by reason of Tenant’s default including without
limitation thereto,the following:(i)any and all unpaid Rent which had been earned at the time
of such termination,plus (ii)any and all Rent which would have been earned after termination
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
NATION
until the time of occupancy of the Premises by a new tenant following the re-letting of the
Premises,plus (iii)any other amount necessary to compensate Landlordfor all the detriment
proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the
ordinary course of business would be likely to result therefrom,including without limitation,in
(A)retaking possession of the Premises,including reasonable attorney fees therefor,(B
)maintaining or preserving the Premises after such default,(C)preparing the Premises for re
—letting to a new tenant,including repairs or necessary alterations to the Premises for such re
—
Ietting,(D)leasing commissions incident to re-letting to a new tenant,and (E)any other costs
necessary or appropriate to re-let the Premises;plus (iv)at Landlord's election,such other
amounts in addition to or in lieu of the foregoing as may be permitted from time to time by
applicable state law.The amounts referenced in this Section include interest at 12%per annum.
16.BINDING AGREEMENT:Subject to the restriction upon assignment or subletting
as set forth herein,all ofthe terms,conditions,and provisions of this Lease shall be binding upon
the Parties,their successors and assigns,and if the Tenant is a natural person,his or her personal
representative and heirs.
17.CONDEM :If the whole or any substantial part of the Premises shall be
condemned or taken by Landlord or any county,state,or federal authority for any purpose,then
the Term shall cease as to the part so taken from the day the possession of that part shall be
required for any purpose,and the Rent shall be paid up to that date.From that day the Tenant
shall have the right to either cancel this Lease and declare the same null and void,or to continue
in the possession ofthe remainder ofthe same under the terms herein provided,except that the
Rent shall be reduced in proportion to the amount of the Premises taken for such public
purposes.Alldamages awarded for such taking for any public purpose shall belong to and be the
property of the Landlord,whether such damage shall be awarded as compensation for the
diminution in value to the leasehold,or to the fee of the Premises herein leased.Damages
awarded for the taking of Tenant's improvements located on the Premises shall belong to and be
awarded to Tenant.
18.SURRENDEROF PREMISES:Tenant shall quit and surrender the Premises at the
expiration or termination ofthe Term in a condition as good as the reasonable use thereof would
permit,normal wear and tear excepted.Alterations,additions or improvements which may be
made by either of the Parties on the Premises,except movable office furniture or trade fixtures
put in at the expense ofTenant,shall be and remain the property ofthe Landlord and shall remain
on and be surrendered with the Premises as a part thereof at the expiration or termination of
the Term without hindrance,molestation,or injury.Tenant shall remove from the Premises,upon
request of the Landlord,movable office furniture or trade fixtures put in at the expense of
Tenant.Tenant shall,at its sole expense,properly and promptly repair to Landlord’s reasonable
satisfaction any damage to the Premises occasioned by Tenant’s use thereof,or by the removal
of Tenant’s movable office furniture or trade fixtures and equipment,which repair shall include
the patching and filling of holes and repair of structural damage.
1
7LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Liability Insurance
Insurance Policies
LAG
19.INSURANCE:
19.a.Personal Property:Tenant,at its expense,shall maintain in force during the Term
a policy of special form —causes of loss or all risk property insurance on all of Tenant’s alterations,
improvements,trade fixtures,furniture and other personal property in,on or about the Premises,
in an amount equal to at least their full replacement cost.Any proceeds of any such policy
available to Tenant shall be used by Tenant for the restoration of Tenant’s alterations,
improvements and trade fixtures and the replacement of Tenant’s furniture and other personal
property.Any portion of such proceeds not used for such restoration shall belong to Tenant.It
is agreed that Landlord shall not be held liable in any manner for,or on account of,any loss or
damage to personal property of the Tenant,Tenant's invitees or other persons,which may be
sustained by fire or water or other peril,or for the loss of any articles by burglary,theft or any
other cause from or upon the Premises.It is acknowledged that Landlord does not cover any of
the personal property of Tenant,Tenant's invitees or other persons upon the Premises through
its insurance.Tenant,its invitees and other persons upon the Premises are solely responsible to
obtain suitable personal property insurance.
19.b..Tenant,at its expense,shall maintain in force during the Term
the following types of insurance (or equivalents):a policy of commercial general liability
insurance (including premises liability),with the following minimum limits:$1,000,000 per
occurrence,$2,000,000 annual aggregate.Landlord shall be named as an additional insured on
Tenant’s liability insurance solely with respect to the operations of the named insured (i.e.,
Tenant)and that coverage being primary and non—contributory with any other policy(ies)carried
by,or available to,the Landlord.The Tenant shall provide the Landlord with written notice of any
policy cancellation,within two business days of their receipt of such notice.
19.c.:Insurance required hereunder shall be written by a company or
companies acceptable to Landlord.Landlord reserves the right to establish and,from time-to
—time,to increase minimum insurance coverage amounts.Insurance required herein shall provide
coverage on an occurrence basis,not a claims—made basis.Notice of increased minimum
insurance coverage amounts shall be sent to the Tenant at least forty five (45)days prior to the
annual renewal date of the Tenant’s insurance.Prior to possession the Tenant shall deliver to
Landlord documents,in a form acceptable to Landlord,evidencing the existence and amounts of
such insurance.Tenant shall,prior to the expiration of such policies,furnish Landlord with
evidence of renewal of such insurance,in a form acceptable to Landlord.Tenant shall not do or
permit to be done anything which shall invalidate the insurance policies referred to above.
Tenant shall forthwith,upon Landlord’s demand,reimburse Landlord for any additional
premiums for insurance carried by Landlord attributable to any act or omission or operation of
Tenant causing such increase in the cost of insurance.If Tenant shall fail to procure and maintain
such insurance,then Landlord may,but shall not be required to,procure and maintain the same,
and Tenant shall promptly reimburse Landlord for the premiums and other costs paid or incurred
by Landlord to procure and maintain such insurance.Failure on the part ofthe Tenant to maintain
18
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
LAG -
the insurance as required shall constitute a material breach of the Lease,upon which the
Landlord may,after giving five business days notice to the Tenant to correct the breach,
terminate the Lease or,at its discretion,procure or renew such insurance and pay any and all
premiums in connection therewith,with any sums so expended to be repaid to the Landlord on
demand.
19.d.Waiver of Subroeation:Tenant and Landlord each waives any and all rights of
recovery against the other,or against the officers,employees,agents and representatives of the
other,for loss of or damage to such waiving Party or its property or the property of others under
its control,where such loss or damage is insured against under any insurance policy in force at
the time of such loss or damage.Tenant shall,upon obtaining the policies of insurance required
hereunder,give notice to the insurance carriers that the foregoing mutual waiver of subrogation
is contained in this Lease.
20.TAXES:Tenant shall be responsible for the payment of any and all taxes and
assessments upon any property or use acquired under this Lease and upon any alterations or
improvement made by Tenant to the Premises.
21.NO WAIVER:It is further covenanted and agreed between the Parties that no
waiver by Landlord of a breach by Tenant of any covenant,agreement,stipulation,or condition
of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant,
agreement,stipulation,or condition,or a breach of any other covenant agreement,stipulation,
or condition.The acceptance by the Landlord of Rent after any breach by the Tenant of any
covenant or condition by Tenant to be performed or observed shall be construed to be payment
for the use and occupation of the Premises and shall not waive any such breach or any right of
forfeiture arising therefrom.
22.NOTICES:All notices or requests required or permitted under this Lease shall be
in writing;shall be personally delivered,delivered by a reputable express delivery service such as
Federal Express or DHL,or sent by certified mail,return receipt requested,postage prepaid,and
shall be deemed delivered on receipt or refusal.All notices or requests to Landlord shall be sent
to Landlord at Landlord’s address set forth below and all notices or requests to Tenant shall be
sent to Tenant at Tenant’s address set forth below:
Landlord’s Address City Clerk
Attn:Airport Director
1055 South Grady Way
Renton,Washington 98057
19
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Minority Business Enterprise Policy
Agglication to Subleases
LAG
Tenant’s Address Northwest Seaplanes,Inc.
Attn:Shane Carlson
PO.Box 1845
Renton,WA 98057
Either Party may change the address to which notices shall be sent by written notice to the
other Party.
23.DISCRIMINATIONPROHIBITED:
23.a.Discrimination Prohibited:Tenant covenants and agrees not to discriminate
against any person or class of persons by reason of race,color,creed,sex or national origin,or
any other class of person protected by federal or state law or the Renton City Code,in the use of
any of its facilities provided for the public in the Airport.Tenant further agrees to furnish services
on a fair,equal and not unjustly discriminatory basis to all users thereof,and to charge on a fair,
reasonable and not unjustly discriminatory basis for each unit of service;provided that Tenant
may make reasonable and non-discriminatory discounts,rebates,or other similar types of price
reductions to volume purchasers.
23.b.:It is the policy of the Department of
Transportation that minority business enterprises as defined in 49 C.F.R.Part 23 shall have the
maximum opportunity to participate in the performance of leases as defined in 49 C.F.R.23.5.
Consequently,this Lease is subject to 49 C.F.R.Part 23,as applicable.No person shall be excluded
from participation in,denied the benefits of or otherwise discriminated against in connection
with the award and performance of any contract,including leases covered by 49 C.F.R.Part 23,
on the grounds of race,color,national origin or sex.
23.c.:Subject to the provisions of Section 14 of this Lease,
Tenant agrees that it will include the above clause in all assignments of this Lease or subleases,
and cause its assignee(s)and sublessee(s)to similarly include the above clause in further
assignments or subleases of this Lease.
24.FORCE MAJEURE:In the event that either Party shall be delayed or hindered in or
prevented from the performance of any act required hereunder by reason of strikes,lockouts,
labor troubles,inability to procure materials,failure of power,fire,seismic event,acts of
bioterrorism,plagues,epidemics,pandemics,outbreak of a communicable disease leading to
extraordinary restrictions including quarantine or movement of people or goods,restrictive
governmental laws or regulations,riots,insurrections,war,sabotage,inclement weather,power
outages,hurricanes,floods,earthquakes,tornadoes,acts of God,or other natural disasters,or
other reason or casualty of like nature not the fault of the Party delayed in performing work or
doing acts required under the terms ofthis Lease (hereafter,"Casualty Event”),then the timeline
for performance of such act shall be extended for a period equivalent to the period of such delay.
20
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AGENDA ITEM #5. h)
NDLORD
ATTORNEYS’FEES AND COSTS'COLLECTIONCOSTS
HOLDINGOVER
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The provisions of this Section shall not,however,operate to excuse Tenant from the prompt
payment of rent,or any other payment required by the terms of this Lease,to be made by Tenant.
25.UNUSABILITY:If the Premises or a portion thereof,or a portion of the Property
necessary for Tenant’s occupancy,are rendered unusable by a Casualty Event,then any Party
may terminate this Lease by giving written notice to the other,in which case Tenant shall have
no further obligations under this Lease as of the date of termination specified in such notice;
however,Landlord,in its sole discretion,may terminate the lease if the entire Premises are
destroyed for reasons outside of Landlord’s reasonable control and Landlord chooses at
Landlord’s sole discretion to not restore or rebuild the Premises.
26.TRANSFER OF PREMISES BY LA :In the event of any sale,conveyance,
transfer or assignment by Landlord of its interest in the Premises,Landlord shall be relieved of
all liability arising from this Lease and arising out of any act,occurrence or omission occurring
after the consummation of such sale,conveyance,transfer or assignment,provided that the
Landlord’s transferee shall have assumed and agreed to carry out all of the obligations of the
Landlord under this Lease.
27.:If either Party brings any
action for relief against the other Party,declaratory or otherwise,arising out of this Lease,
including any action by Landlord for the recovery of Rent or possession of the Premises,the
prevailing Party shall be entitled to reasonable attorneys’fees and costs of litigation as
established by the court.If the matter is not litigated or resolved through a lawsuit,then any
attorneys’fees for collection of past-due rent or enforcement of any right of Landlord or duty of
Tenant hereunder shall entitle Landlord to recover,in addition to any late payment charge,any
costs of collection or enforcement,including reasonable attorney’s fees.For the purpose of this
Section26,attorney’s fees shall include a reasonable rate for attorney’s employed by the City.
28.EMERGENCYRESPONSE:Tenant must provide to the Airport Manager reasonable
access and response in times of emergency or urgency.The Tenant is wholly responsible to keep
an up-to-date listing of aircraft types,identification,and owners on file and at the Airport
Manager’s office.
29..If,without execution of any extension or renewal,Tenant should
remain in possession of the Premises after expiration or termination of the Term,then Tenant
shall be deemed to be occupying the Premises as a tenant from month to month.All the
conditions,terms,and provisions of this Lease,insofar as applicable to a month-to-month
tenancy,shall likewise be applicable during such period.
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AGENDA ITEM #5. h)
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30.DEFINITIONS:As used in this Lease,the following words and phrases,shall have
the following meanings:
”Additional Rent”means any charges or monetary sums to be paid by Tenant to Landlor
dundertheprovisionsofthisLeaseotherthanMonthlyRent.
"Authorized Representative"means any officer,agent,employee,independent
contractor or invitee of either Party.
”Environmental Laws and Requirements"means any and all federal,state,local laws,
statutes,ordinances,rules,regulations and/or common law relating to environmental
protection,contamination,the release,generation,production,transport,treatment,
processing,use,disposal,or storage of Hazardous Substances,worker health or safety or
industrial hygiene,and the regulations promulgated by regulatory agencies pursuant to these
laws,and any applicable federal,state,and/or local regulatory agency-initiated orders,
requirements,obligations,directives,notices,approvals,licenses,or permits.
”Hazardous Substances"means any and all material,waste,chemical,compound,
substance,mixture or byproduct that is identified,defined,designated,listed,restricted or
otherwise regulated under any Environmental Laws and Requirements as a ”hazardous
constituent,"”hazardous substance,"”hazardous material,"”extremely hazardous material,”
”hazardous waste,”"acutely hazardous waste,””hazardous waste constituent,Infectious
waste,””medical waste,””biohazardous waste,"”extremely hazardous waste,pollutant,”
”toxic pollutant”or ”contaminant.”The term ”Hazardous Substances”includes,without
limitation,any material or substance which is (i)hexavalent chromium;(ii)pentachlorophenol;
(iii)volatile organic compounds;(iv)petroleum;(v)asbestos;(vi)designated as a ”hazardous
substance”pursuant to Section 311 of the Federal Water Pollution Control Act,33 U.S.C.§1251
et seq.(33 U.S.C.§1321);(vii)defined as a ”hazardous waste”pursuant to Section 1004 of the
Federal Resource Conservation and Recovery Act,42 U.S.C.§6901 et seq.(42 U.S.C.§6903);(viii
)defined as a ”hazardous substance”pursuant to Section 101 of the Comprehensive
Environmental Response,Compensation and Liability Act of 1980,as amended,42 U.S.C.§9601
et seq.(42 U.S.C.§9601);or (ix)designated as a ”hazardous substance"pursuant to the
Washington Model Toxics Control Act,as codified by RCW 70A.305.010 et seq.,or as is hereafter
amended.
II II'
H II
”Parties”means Landlord and Tenant.”Party”means Landlord or Tenant,as indicated by
context.
”Person”means one or more human beings,or legal entities or other artificial persons,
including without limitation,partnerships,corporations,trusts,estates,associations and any
combination of human beings and legal entities.
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Agre
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Assignee
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”Rent”or ”Rental”means Monthly Rent,both as established as a minimum amount and
as adjusted from time to time under this Lease,and Additional Rent.
31.GENERALPROVISIONS
31.3.Entire ement:This Lease sets forth the entire agreement of the parties as to
the subject matter hereof and supersedes all prior discussions and understandings between
them.This Lease may not be amended or rescinded in any manner except by an instrument in
writing signed by a duly authorized officer or representative of each Party.
31.b.:This Lease shall be governed by,and construed and enforced in
accordance with,the laws of the State of Washington.
31.c.Severabilitv:Should any of the provisions of this Lease be found to be invalid,
illegal or unenforceable by any court of competent jurisdiction,such provision shall be stricken
and the remainder of this Lease shall nonetheless remain in full force and effect unless striking
such provision shall materially alter the intention of the parties.
31.d.Jurisdiction and Venue:In the event any action is brought to enforce any of the
provisions of this Lease,the parties agree to be subject to exclusive in personam jurisdiction in
the Superior Court of the State of Washington in and for the County of King or in the United
States District Court for the Western District of Washington.
31.e.Waiver:No waiver of any right under this Lease shall be effective unless contained
in a writing signed by a duly authorized officer or representative ofthe Party sought to be charged
with the waiver and no waiver of any right arising from any breach or failure to perform shall be
deemed to be a waiver of any future right or of any other right arising under this Lease.
31.f.:Section captions contained in this Lease are included for convenience
only and form no part of the agreement between the parties.
31.g.as Tenant:The term "Tenant"shall be deemed to include the assignee
where there is a full assignment of the Lease.
31.h.Effectiveness:This Lease shall not be binding or effective until properly executed
and delivered by Landlord and Tenant.
31.i.Gender and Number:As used in this Lease,the masculine shall include the
feminine and neuter,the feminine shall include the masculine and neuter,the neuter shall
include the masculine and feminine,the singular shall include the plural and the plural shall
include the singular,as the context may require.
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City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
Several Liability
.Cu
Corporate Authority
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31.].Time of the Essence:Time is of the essence in the performance of all covenants
and conditions in this Lease for which time is a factor.
31.k.Joint and :If Tenant is composed of more than one Person,then
the obligations of all such Persons under this Lease shall be joint and several.
31.|.No Recordation Without Consent of Landlord:Tenant shall not record this Lease
or any memorandum of this Lease without Landlord’s prior written consent
31.m mulative Remedies No remedy or election hereunder shall be deemed
exclusive,but shall,wherever possible,be cumulative with all other remedies at law or in equity.
31.n.:If Tenant is a corporation or limited liability company,each
individual executing this Lease on behalf of said corporation or limited liability company
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of
said corporation or limited liability company pursuant to duly enacted resolutions or other action
of such corporation or limited liability company and that this Lease is binding upon said
corporation or limited liability company in accordance with its terms.
TENANT LANDLORD:
NORTHWEST SEAPLANES,INC THE CITYOF RENTON
a Washington corporation a Washington municipal
corporation
By:Armondo Pavone
Its Mayor
Date Date:
A'ITEST
Jason A.Seth,City Clerk
Date:
24
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
LAG
Approved as to legal form:
Shane Moloney,City Attorney
25
AGENDA ITEM #5. h)
kg 3
S
s/he wa authorized to execute the instrument and acknowledged it as the la 3 SE,
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of NW SULNKHLS—a +Umvd"to be the free and voluntary act of such
3E5 51m _.‘1
LAG -
STATE OF WASHINGTON )
ss.
COUNTYOF
I certify that I know or have satisfactory is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
purposes mentioned in the instrument.
Dated this ay
ature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
STATE OF WASHINGTON )
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of a to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument.
Dated this day of 20
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
26
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
V\€20
AGENDA ITEM #5. h)
LAG
STATE OF WASHINGTON
SS
COUNTY OF
I certify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of a to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument.
Dated this day of 20
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires
STATE OF WASHINGTON )
ss
COUNTYOF
I certify that I know or have satisfactory evidence that is the person
who appeared before me,and s/he acknowledged that s/he signed this instrument,on oath stated that
s/he was authorized to execute the instrument and acknowledged it as the
of a to be the free and voluntary act of such
for the uses and purposes mentioned in the instrument
Dated this day of 20
[Signature of Notary]
[Print Name of Notary]
Notary Public in and for the State of
Washington,residing at
My commission expires:
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
AGENDA ITEM #5. h)
EXHIBITA
Lease Map and Legal Description
[ATTACH]
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
LA
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AGENDA ITEM #5. h)
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LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
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AGENDA ITEM #5. h)
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BEGINNINGAT A POINTLOCATEDON THERENTONAIRFIELDRUNWAYCENTERUNEREFRREDTO AS STATION(HOG;
THEMEN.D4'49'43'W.ALONGTHERUNWAYCENTB'ILINEA DISTANCEOF 2.137.I9PET.
THENCE$.85'10'I7'W.A DISTANCECF 375 FEETTO THETRUEPOINTOF BEGINNING:
THEMES.84'52'17'W.A DISTANCEOF 14593 FEET:
THENCEN.10‘14'29'W.A DISTANCEOF 55.33 FEET:
THBICEN 7859'32'5 A DISTANCE0F ‘99 FEET:
THENCEN.20'JI'07'E.A DISTANCEOF 29.45 FEET:
THENCENJO'SI'IO'EA DISTANCEGP 20.17 FEET:
THBICENM'IJ'ZQ'E.A DISTANCEOF 128 05 FEET:
THENCE$4'49'43'E.A DISTANCEOF 99.96 FEETTOTHETRUEPOINTCF BEGINNING.
AREA=14.252416SQUAREFEET
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30
AGENDA ITEM #5. h)
EXHIBITB
Aircraft Laws and Regulations,
RCW 47.68.250:Public Highways and Transportation.
[See following.]
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
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31
AGENDA ITEM #5. h)
RCW 47.68.250
Registration of aircraft.
Every aircrali shall be regislered will.his depariinenl lor each caeridar year iii which lhe
almlall is operaled or is based willririlrrrsslals.A lee orlilieen dollars shall be charged ror
each such registralian and each annual renewal Inereof.
Possessionof the approprrale eiiacllva lederal certi?cate.permiLrallng,nl license
relanngID ownership and airwonrllness or“is alrcralt and payrmrll orthe excise lax
imposed by Title 2 new(or 0:9 pnvrlege oruslng lrre almrall wilhln lhis slare dirrl lhe
year iorwilich ihe regislralion is soughL and payrrienl orllre regisrrauon lee require by lhlssecnunshallbetheonlylequlS?ES in:registration oi an airmail under lills sacrion.
The regrsiralronlee imposed By this seclicn shall be payable lo and collecled by (he
secrelary,The fee for any calendar year must be paid dunnnlhe manlh cl January.and shall
be collecled by mesecretary a!maInns 0'in:wlm?on by hlm or her oi [he said excise lax.
ll iris secrelary is sa?sfed lhal lrre requiremenls rorregisrraridn ormeaircrall have been mm.
in or ska shall thereupon KSSLI!to meowmr 0'meaircrail a animals 0!reglslralrun
IhsreforeThe secrelary shall pay reirie sraie rreasuier lire leglsilalmn lees consoled under
mis semen.which regislrallonlees shall be uddired [0 "IE aeronautics acmunl in (he
llanspdnalion llm?
ll shall norbe necessary rpr lhe reglsliarll to plDVidBrhe secrelary wllhoriginalsor copiesorlederaloom?mles.perrniis rarinps or reerises The sscralary shall issue certi?cates or
regislralioii.or such cilrer eiiiderrces ai regisriairon or paymeni irrlees as he or she may
deem proper;and in corrmc?on lherervilhmay prescribe requiremenls rurlhe pessesslon
and axhlbilloncl such oerlrlrcaieser crhereyidencss,
The provisruns errhrs seclrori shall rial apply lo:
(I)An arrcrali owned by and used exclusively in meseivrce orany peirernrnenr or any
polilicalsubdivisron mereol.ineludrrrgmeperernnienl ormeUnlle?Siaies.any slale.
lsmlory.or possessrorr mlthe Unilad Stiles.or meDslrlcl oi Colllmbla which rs not engaged
ln carrying persons or properly for comrrlerual purposes:
(2)An allclarl 19955191241underlhe laws 0|a iarelgn wunlry:
(3)An airclall which is myriad by a mnrasidenl and legislalod lrI anolhar slain:
PROVIDED.Thal ifsaid alrcla?shall remain rn andlor be based inthis slam lur a perm a!
ninely days or longer ll shall no!be exemmunder lhis section:
l4)Anaircrall engaged prinapally in wiruriercial ilyinigcorshiuling an earol inlersrale or
lorelgrrcommerce:
(5)Anemail owned by [he wmmelcial marllllaclulel lharaol while [)9an opsralad for
lesl oi experimenlal purposes,or ior lire purpose orlrairiinpcrews lor purchasers orllleammm
[6)Ariaircrarl belrlgheld lor sale,exchanger delivery lasL or demonslrallan purposes
salary as slocli in rrado oran alrerall dealer licensed irrider True 5 new;
[7)An almrall based Wllhll'lvie slam maris in an unarrwmlry candiliomls not operated
wilhln rho regisllalion period.and has onlalned awrrllen exempllorl lsslled by llle secrelary
iris secrelary shall be named wilhlnrhiny days oi any change in ownership oi a
Access
Washinglom
n-uru:‘llr-guru-mm Mum
LEASEAGREEMENT
City of Renton to Northwest Seaplanes (Parcel 608)
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|Help
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47.68.240 <<47 88.250 >>47.68 255
AGENDA ITEM #5. h)
mgislsmd alrcrdfl.Tha noll?DaliDnshall conlain Ihe NaNC.NR.NL.or NXnumber 0!me
aircla?,mefull“EMS and address of Ihe (OHM!owner.and [M lull name and address ol lhe
new owner.For lallum In so nolily lm seclelary‘meroglsllalion al max manmay be
canceled by llls secretary.subpcl In remslawmenl upon applicanon an payment of a
stale
A municlpality DI pan dlslncl lhal owns.upmales.uy leases an alrpon.as de?ned In How
47 as uzc will!memen!to mate.shall veqmra ham an airman owns:proofol aivcrall
leglslvallonas a condition cl leasmg or selling Mom a!hanger space lay an amen.ll IS
mevasponslhllily of melessee cl purchase!In Isgislev lhe amalr.The airpurl shall walk wilh
5196
67 QBg4;
Ailcra?dealers:Chapmr 14 20 HCWV
Dellnlliononerms:ROW .1420 019,47 68 020.
LAG
rein ment fee of ten dollars by the new owner.
the aviation division to assist in its efforts to register aircraft by providing information about
based aircraft on an annual basis as reque by the division.
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[2003c375§4;1999c302§2;9981:B?§:1995c170§3;1993c208§7:9876220§3;1979 158§
206 967ex.s.c9§8;1955c15 §1 :19499495 2;1947c165§25;?ern.5u p.1949§0964-S.
FonneryRCWJimiQJ
Notes:
Effective date —2003 c 375:See no e fol ow ng RCW
Severability —1987 c 220:See note to lowi g RCW 47.68.230.
AGENDA ITEM #5. h)
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B. Map View of 608 Parcel
Northwest Seaplanes, Inc.
AGENDA ITEM #5. h)
AB - 3644
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Change Order No. 21 to CAG-22-163 with Pivetta Brother’s
Construction, Inc. for the Rainier Ave S Corridor Improvements -
Phase 4 Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Bob Hanson, Transportation Design Manager
EXT.: 7223
FISCAL IMPACT SUMMARY:
The fiscal impact of Change Order No. 21 to CAG-22-163 with Pivetta Brother’s Construction Inc. is
$162,000.00 and will be paid for by Rainier Ave S - Phase 4 fund (317.122195.015.595.30.63.001).
SUMMARY OF ACTION:
The Rainier Ave S - Phase 4 (S 3rd St to NW 3rd Pl) Project will extend previous corridor improvements from S
3rd St to 1,000 feet north of Airport Way (NW 3rd Pl). Project elements include extending a southbound BAT
lane from S 2nd St to S 3rd St, pedestrian improvements with streetscaping, ped actuated traffic signal
(HAWK), transit facility upgrades, access management, and a segment of a regional ped/bike path trail (Lake
Washington Loop Trail).
There are no existing records for the private electrical service connections to businesses along the corridor. To
determine a plan for these connections, it was determined that exploratory excavation and potholing is
necessary to develop a plan. The original plans and specifications did not require the Contractor to install
junction boxes at the end of the right-of-way to the new PSE distribution system. These electrical services feed
the existing businesses adjacent to Rainier Ave S and the existing signal at S 2nd St. When the new PSE
distribution system is activated, the old system will be deactivated. It was determined that in order for PSE to
make that connection, junction boxes and conduit had to be installed by our Contractor to maintain power to
the businesses, and our Contractor needed to make these connections.
PSE will not make the final connection to the businesses along the corridor. Since the project required PSE to
move their existing utilities, the City will pay to reconnect the businesses to the new system.
EXHIBITS:
A. Change Order No. 21 to CAG 22-163
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Change Order No. 21 to CAG-22-163 with Pivetta Brother’s
Construction Inc. for the Rainier Ave S Corridor Improvements – Phase 4 project in the amount of
$162,000.00.
AGENDA ITEM #5. i)
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7/30/2024Bill Adams Digitally signed by Bill Adams
Date: 2024.07.30 13:14:44-07'00'
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AB - 3631
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Agreement with Shannon and Wilson Inc. for the East Valley Road
Storm System Improvements Project
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Chester Bennett , Surface Water Utility Engineer
EXT.: 7205
FISCAL IMPACT SUMMARY:
The approved 2024 adjusted budget for the East Valley Road Storm System Improvement project
(427.475521.015.594.31.63.000) is $364,260. This agreement with Shannon and Wilson, Inc. is in the amount
of $241,402. There is sufficient funding for this agreement in the approved 2024 Surface Water Utility Capital
Improvement Program adjusted budget. This contract is entirely funded by surface water fees collected from
WSDOT which can only be expensed towards projects that reduce impact from WSDOT limited access highway
runoff, and the approved fee allocation plan.
SUMMARY OF ACTION:
This agreement with Shannon and Wilson (the Consultant) provides geotechnical and environmental
engineering services in support of the East Valley Road Storm System Improvement project. This project
proposes to upsize and replace the existing storm system along East Valley Road from SW 34th St to the
outfall at Panther Creek at SW 23rd Street. The project is in the Springbrook Creek subbasin, south of I-405
and west of SR-167, as shown on Exhibit A - Site Map
The project was initially identified in the Eastside Green River Watershed (EGRW) Plan dated February 21,
2007. Additionally, flooding along East Valley Road from SW 34th St to the Panther Creek outfall has been
observed during major storm events and periods of high tailwater elevation in Panther Creek. Recently, minor
ponding was observed during periods of heavy rain in December 2023. The EGRW plan determined that the
existing system does not have the conveyance capacity for the 25-year storm event required by the Renton
Surface Water Design Manual. Further modeling completed by City staff confirmed this and showed that to
provide the conveyance capacity that meets current City standards under future conditions, 4,400-ft of the
existing storm system should be upsized to pipes between 24-inch to 48-inch. The existing 21-inch to 36-inch
storm system will be abandoned in place and a new system will be constructed within the pavement section of
the right-of-way. A new outfall to Panther Creek will be installed as shown in the project area.
Surface Water Engineering staff will undertake the project design by preparing construction drawings,
specifications, and construction contract documents while relying on consultants for design support services
such as surveying, utility locates, and the geotechnical and environmental services procured in this contract. The
Consultant scope of work includes up to six geotechnical explorations, two groundwater monitoring wells operated for
one-year, critical areas analysis and delineation, environmental permitting, and utility locates. These services are
essential to delivering a successful design of the proposed storm system due to the proximity to wetland, high tailwater
conditions, submerged outfall pipes, and unknown subsurface soil conditions in the area.
AGENDA ITEM #5. j)
EXHIBITS:
A. Site Map
B. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the agreement with Shannon and Wilson, Inc. in the amount of
$241,402 for geotechnical and environmental services for the East Valley Road Storm System Improvement
Project.
AGENDA ITEM #5. j)
18,056
1,505
East Valley Road - Site Map
Legend
1,0230512 Feet
Notes
1,023
WGS_1984_Web_Mercator_Auxiliary_Sphere
All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The
burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the
user.
City and County Labels
City and County Boundary
Renton
<all other values>
Environment Designations
Natural
Shoreline High Intensity
Shoreline Isolated High Intensity
Shoreline Residential
Urban Conservancy
Jurisdictions
Streams (Classified)
S - Shoreline
F - Fish
Np - Non-Fish
Ns - Non-Fish Seasonal
Unclassfied
Wetlands
Streets
Parks
Waterbodies
Designated Neighborhoods
2021.sid
Red: Band_1
Green: Band_2
Blue: Band_3
AGENDA ITEM #5. j)
Panther Creek
Storm System
Outfall
Project Area
AGREEMENT FOR GEOTECHNICAL AND ENVIRONMENTAL
SERVICES FOR STORM SYSTEM IMPROVEMENTS
THIS AGREEMENT, dated for reference purposes only as July 5, 2024, is by and between the City
of Renton (the “City”), a Washington municipal corporation, and Shannon & Wilson, Inc
(“Consultant”), a Washington State 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 geotechnical and environmental services
for the East Valley Road storm system improvements project 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 B 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 C. All Work shall be performed by no later
than September 30, 2026.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $241,402, plus any applicable state and local sales taxes.
Compensation shall be paid as a flat rate fixed sum based upon Work actually
performed according to the rate(s) or amounts specified in Exhibit B. 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 B.
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. j)
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 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 and
workmanlike manner and in accordance with all reasonable and professional standards
AGENDA ITEM #5. j)
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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. j)
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 a ny
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. j)
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 Partie s
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, including Pollution Liability insurance covering
losses caused by pollution conditions that arise from the operations of the
Consultant, 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.
AGENDA ITEM #5. j)
PAGE 6 OF 10
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.
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 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
Chester Bennett
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7205
cbennett@rentonwa.gov
CONSULTANT
Merci Clinton
400 N 34th St Ste 100
Seattle, WA 98103
Phone: (206) 632-6715
Merci.Clinton@shanwil.com
AGENDA ITEM #5. j)
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17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non -discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
AGENDA ITEM #5. j)
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D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Chester
Bennett. 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.
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F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
AGENDA ITEM #5. j)
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Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
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, City of Renton
Mike Harney
Vice President
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Cheryl Beyer
Senior Assistant Attorney
Clb 4-3-24 NS 2989
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AB - 3641
City Council Regular Meeting - 12 Aug 2024
SUBJECT/TITLE: Agreement Between the City of Renton and Soos Creek Water and
Sewer District
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Kevin Evans, Surface Water Civil Engineer III
EXT.: 7264
FISCAL IMPACT SUMMARY:
This agreement has a neutral fiscal impact to the city. While it adds $680,000 of expenditure, it also adds
$680,000 in revenue from Soos Creek Water and Sewer District to the SE 172nd St Green Stormwater
Infrastructure (GSI) project (427.475504). The agreement does not fund Surface Water Utility capital
expenses.
SUMMARY OF ACTION:
The Reimbursement and Permission to Relocate and Construct Utility Conflicts Agreement Between the City of
Renton (City) and Soos Creek Water and Sewer District (District) provides funding for relocation and
reconstruction of District water and sewer facilities by the city on behalf of the district, as part of the city’s SE
172nd St GSI project. This project will install approximately 6,500 linear feet of stormwater pipes and provide
water quality treatment for stormwater runoff from two acres of roadway (pollution generating area) within
the Cascade neighborhood. Enhanced basic water quality treatment will be provided by fourteen (14) Biopod
units to be installed within the project area. These units will reduce the concentration of total suspended
solids, dissolved copper, and dissolved zinc. See Exhibit A for Project location and limits. The Project also adds
pervious sidewalks and replaces existing aging storm system infrastructure to reduce flood risk.
During the design phase, unavoidable utility conflicts that require relocation of District sewer and water
facilities were identified. Because it would be more efficient and cost-effective for both parties to reconstruct
the district’s facilities as part of the city project, rather than individually using separate contractors, the
Surface Water Utility wants to enter into this agreement with the district. This agreement will streamline the
delivery of the project and help the city maintain its desired project schedule. This is an important
consideration because the project is funded by a $2,975,000 water quality construction grant from WA Dept of
Ecology which expires on 12/31/2026. Construction is anticipated to begin in the first quarter of 2025 and be
completed in summer 2026. The estimated construction cost of the stormwater schedule is $4,095,000. The
district’s utility relocation work will be paid for under a separate schedule and the estimated construction cost
of this work is $650,000. Costs incurred under the latter schedule, the district’s pro-rata share of mobilization
and erosion and sediment control, and $15,572 of design related expenses, will be reimbursed to the city in
accordance with this agreement.
EXHIBITS:
A. SE 172nd St GSI Project Site Map
B. Agreement
AGENDA ITEM #5. k)
STAFF RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the Reimbursement and Permission to Relocate and
Construct Utility Conflicts Agreement Between the City of Renton and Soos Creek Water and Sewer District.
AGENDA ITEM #5. k)
4,514
376
SE 172nd St & 125th Ave SE GSI Project
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
11/5/2020
Legend
2560128
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
256
WGS_1984_Web_Mercator_Auxiliary_Sphere
City and County Labels
City and County Boundary
Parcels
Environment Designations
Natural
Shoreline High Intensity
Shoreline Isolated High Intensity
Shoreline Residential
Urban Conservancy
Jurisdictions
Streams (Classified)
<all other values>
Type S Shoreline
Type F Fish
Type Np Non-Fish
Type Ns Non-Fish Seasonal
Unclassified
Not Visited
Wetlands
Network Structures
Access Riser
Inlet
Manhole
Utility Vault
Clean Out
Unknown
AGENDA ITEM #5. k)
ATTACHMENT A:
PROJECT LIMITS
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SE 170th Pl
INTERAGENCY REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF RENTON AND
SOOS CREEK WATER AND SEWER DISTRICT
ATTACHMENT A: PROJECT LIMITS
SE 172nd St
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Project Limits
Interagency Agreement; SCWSD/Renton - 1 6/27/24
REIMBURSEMENT AND PERMISSION TO RELOCATE AND CONSTRUCT UTILITY CONFLICTS AGREEMENT
BETWEEN THE CITY OF RENTON AND SOOS CREEK WATER AND SEWER DISTRICT
This Agreement, dated for reference purposes only as July 17, 2024, by and between the City
of Renton (the “CITY” or “RENTON”), a Washington municipal corporation, and Soos Creek Water and
Sewer District, (“SOOS CREEK” or the “DISTRICT”), collectively referred to as the “Parties,” in order for
the CITY and the DISTRICT to construct improvements to the DISTRICT’s water and sewer facilities
located within the Right of Way of the CITY within the construction limits of the SE 172nd St Water
Quality Retrofit project. Once fully executed by the Parties, this Agreement is effective as of the last
date signed by both parties.
The CITY and the DISTRICT mutually agree as follows:
I. PURPOSE and PERMISSION.
A. It is the purpose of this Agreement to provide for the construction of water and sewer
facilities by the CITY on behalf of the DISTRICT, as part of the CITY’s SE 172nd Street Water Quality
Retrofit Project. The CITY is constructing improvements to its storm water system and restoring
impacted streets. The improvements constructed by the CITY require the relocation of some of the
DISTRICT’s existing water and sewer facilities because of utility conflicts. The DISTRICT grants the CITY
permission to relocate and construct improvements to the DISTRICT’s existing water and sewer utility
facilities conflicting with the CITY project.
B. The DISTRICT agrees to pay for the cost of the water and sewer facilities that are being
relocated and reconstructed because of the utility conflicts. The Parties agree that the most efficient
and effective way to relocate and construct the water and sewer facilities will be by the CITY’s
Contractor who will construct improvements to the storm water system and street.
C. The DISTRICT’s facilities constructed under this Agreement include the relocation of a
sewer force main, the relocation of a water main, and new water service lines as required. A graphic
representation of the project location and limits is included in ATTACHMENT A to this Agreement.
II. COSTS AND PAYMENTS
The DISTRICT shall be responsible to reimburse the CITY for the actual cost for the construction
of its relocated and reconstructed facilities under this agreement. The estimated amount not to exceed
based upon 50% design submittal (plans and cost estimate) plus the $15,572 below in Note 1 is
$695,572 for the construction of its facilities relocated and reconstructed under this project. Should
project actual costs associated with relocation and reconstruction of DISTRICT facilities exceed $695,572
or become projected to exceed $695,572 based on final opinion of probable construction cost or bids
received for the project, the CITY and DISTRICT shall execute an amendment to increase the agreement
AGENDA ITEM #5. k)
Interagency Agreement; SCWSD/Renton - 2 6/27/24
amount. Restoration costs paid by the DISTRICT shall include asphalt trench repair for the sewer force
main and water line relocation. The costs paid by the DISTRICT shall not include asphalt grind, overlay or
other final pavement installation costs. The CITY shall pay the costs for its improvements constructed
under this project not associated with relocating DISTRICT facilities.
Note 1: The DISTRICT shall also be responsible to reimburse the CITY for expenses incurred for
design of DISTRICT facilities in the amount of $15,572 prior to the DISTRICT contracting with an external
consultant.
III. BIDDING
A. To protect the DISTRICT and the CITY from having a bidder shift disproportionate costs
of shared items onto the DISTRICT’s or the CITY's bid schedule, bid items for the DISTRICT’s work shall be
contained within two separate Schedule of Bid Items per Section III.C.
B. The CITY shall craft the project’s bid documents such that the CITY may award the
contract to the lowest responsive bidder for the total of the CITY’s and DISTRICT’s bid schedules. The
Parties at all times prior to execution of the Contract reserve the right to reject all bids.
C. The CITY’s bid schedule shall solely contain the two bid items corresponding to
Mobilization and Temporary Erosion and Sedimentation Control (TESC). These two bid items will be
crafted to cover the entire project and pay for mobilization and TESC associated with both the CITY’s SE
172nd Street Water Quality Retrofit Project and the relocation of DISTRICT facilities. The DISTRICT shall
reimburse the CITY for their pro-rata share of these bid items. The pro-rata share shall be calculated by
comparing the totals for the CITY’s bid schedule and the DISTRICT’s bid schedule and applying the
relative percentage of each bid schedule to the mobilization and TESC bid items.
All other bid items common to the CITY and the DISTRICT’s bids schedules such as Dewatering, Record
Drawings, Traffic Control and Trench Patching, shall be added to each bid schedule.
D. The CITY shall furnish the DISTRICT with the bid documents prior to bid solicitation, bid
tabs/ bid prices following bid opening, and the list of contractors and subcontractors of the lowest
bidder for the DISTRICT’s approval. The DISTRICT shall review the bid documents within 5 business days
of receipt. The DISTRICT shall review and notify the CITY in writing whether the DISTRICT approves or
rejects the bid for the DISTRICT’s work within 10 business days of the CITY notifying the DISTRICT in
writing of its intent to award the construction contract. The CITY shall not proceed with awarding the
DISTRICT Work if the CITY has received written notification from the DISTRICT that the DISTRICT rejects
the bid for the DISTRICT’s work.
E. In the event the DISTRICT rejects the bid, the CITY shall reject all bids and rebid
the project.
IV. RESPONSIBILITIES OF PARTIES
A. SOOS CREEK WATER AND SEWER DISTRICT
AGENDA ITEM #5. k)
Interagency Agreement; SCWSD/Renton - 3 6/27/24
1. The DISTRICT shall provide technical specifications, material specifications,
engineering support and standard details to the CITY for implementation in the CITY’s project
documents for work associated with relocating DISTRICT facilities.
2. The DISTRICT shall provide projections for the construction costs to relocate the
sewage force main, water line and a per each for new water service line installations and provide
these to the CITY for its information.
3. The DISTRICT shall provide plan review of the project documents prepared by the
CITY and provide written comments on the design of the DISTRICT’s facilities within 15 business
days.
4. The DISTRICT shall provide review of contractor material submittals for work
associated with relocating DISTRICT facilities and return written comments to the CITY within 10
business days.
5. The DISTRICT shall attend the preconstruction conference and present its
requirements for testing and coordination of shutdown for the connections to the existing force
main and water line, and customers’ water service lines.
6. The DISTRICT shall provide timely field inspections of its facilities constructed by
the CITY and provide written communication to the CITY identifying any defects or inconsistencies
from the DISTRICT’s engineering standards or project documents. The DISTRICT will communicate
only with the CITY during the construction; the CITY will in turn communicate with its Contractor.
7. The DISTRICT shall provide a timely review of quarterly reimbursement requests
received from the CITY and identify any disputed charges within 30 days of receipt of invoice. The
DISTRICT shall also provide timely review of monthly consultant invoices and contractor progress
payments and identify any disputed charges within 10 business days of receipt.
8. The DISTRICT shall pay undisputed invoices from the CITY within 30 days of
receipt of invoice.
B. CITY OF RENTON
1. The CITY shall develop the project bid documents which shall include the
DISTRICT’s standard details, material specifications and construction specifications for the
DISTRICTS Bid Schedules. The project bid documents shall include a provision in the construction
contract for a one-year warranty on the DISTRICT’s facilities. The bid set drawings and
specifications shall be prepared and sealed by a licensed civil engineer.
2. The CITY shall develop the project bid proposal contract to include two separate
schedules for the DISTRICT’s facilities, including a bid schedule for the sewer force main relocation
and a bid schedule for the water line relocation and the new water service line installation.
3. The CITY shall bid a public works contract to construct the DISTRICT’S and the
CITY’S facilities.
AGENDA ITEM #5. k)
Interagency Agreement; SCWSD/Renton - 4 6/27/24
4. The CITY shall forward the bid tabulation received for the project to the
DISTRICT.
5. The CITY shall forward material submittals to the DISTRICT. The DISTRICT shall
provide a written response to the material submittals within 5 business days from receipt of the
material submittals.
6. The CITY will award and administer a public works contract that will construct
the DISTRICT’s and CITY’s facilities.
7. The CITY shall notify the DISTRICT of the progression of the project including
contract award, the schedule for preliminary construction administration actions,
preconstruction conference, project construction date and the projected schedule for
installation of the DISTRICT’s facilities. The CITY shall send to the DISTRICT three-week
lookahead projections during construction, along with the contractor’s overall project schedule.
8. The CITY shall coordinate with the DISTRICT during the construction such that
the DISTRICT can conduct periodic site visits and construction inspection for work associated
with relocating DISTRICT facilities. The DISTRICT shall issue written communication to the CITY
advising of any observed defects or deviations from the DISTRICT’s construction specifications.
The DISTRICT shall issue written punch lists identifying any deficiencies in the Work performed
by the CITY’s contractor. The CITY will work with its Contractor to remedy any deficient or
defective Work on the DISTRICT’s facilities.
9. Upon completion of the construction of the DISTRICT’s facilities, the CITY shall
prepare construction record drawings by the engineer of record in AutoCAD format. The
construction record drawings shall be submitted to the DISTRICT for review and comment.
When final documents are achieved, the construction record drawings shall be stamped and
sealed by the engineer of record. The CITY shall deliver a PDF and one AutoCAD file of the
record drawings to the DISTRICT within 120 days after the entire project reaches physical
completion.
10. Within one year from the date the CITY accepts its project as complete, the CITY
and DISTRICT shall conduct a site visit and inspection of the DISTRICT’s facilities. If defects in the
DISTRICT’s facilities are noted and it is mutually agreed that said defects resulted from deficient
or defective work by the CITY’s contractor, the CITY will work with its Contractor to enforce
repairs or replacements necessary to remedy the defects to the satisfaction of the DISTRICT.
11. The CITY shall forward reimbursement requests, invoices, and backup
information, including copies of pay estimates, for the construction of the DISTRICT’s facilities,
to the DISTRICT quarterly. Progress payments to the contractor shall be forwarded to the
DISTRICT for review upon preparation.
AGENDA ITEM #5. k)
Interagency Agreement; SCWSD/Renton - 5 6/27/24
V. TERM AND TERMINATION.
A. Term. This Agreement is effective upon signature by both Parties and will remain in
effect until December 31, 2027, or terminated by either of the Parties.
B. Termination. This Agreement may be terminated (1) by either Party upon thirty (30) days
written notice prior to the CITY execution of the construction contract; (2) after execution of the
construction contract upon completion of the Project and CITY receiving final reimbursement from
DISTRICT.
VI. INDEMNIFICATION AND HOLD HARMLESS
A. The DISTRICT shall defend, indemnify and hold the CITY, its officers, officials, employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or in connection with the performance of this Agreement, except for injuries and damages
caused by the sole negligence of the CITY.
B. The CITY shall defend, indemnify and hold the DISTRICT, its officers, officials, employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or in connection with the performance of this Agreement, except for injuries and damages
caused by the sole negligence of the DISTRICT.
C. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, 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 DISTRICT and the CITY, its officers,
officials, employees, and volunteers, the Parties’ liability hereunder shall be only to the extent of their
negligence.
D. It is further specifically and expressly understood that the indemnification provided
herein constitutes the DISTRICT’S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
VII. INSURANCE
A. ADDITIONAL INSURED. The CITY shall require its Contractor to name the DISTRICT as an
additional insured with respect to its Contractor’s Work on behalf of the DISTRICT, in the same manner
and on the same terms as required by the CITY for its own inclusion as an additional insured.
VIII. GENERAL PROVISIONS
A. ADMINISTRATION. The provision of services under this Agreement will be managed for
the CITY by its Surface Water Engineering Manager, or other staff as may be designated by the CITY, and
for the DISTRICT by its Operations Manager, or other staff as may be designated by the DISTRICT (“Project
Administrators”).
B. DISPUTE RESOLUTION. In the event there is a dispute related to the services rendered
per this Agreement or the payment of an invoice, the Parties shall make every effort to resolve such
dispute by mutual agreement. In the event there is no resolution, the Parties shall seek mediation through
AGENDA ITEM #5. k)
Interagency Agreement; SCWSD/Renton - 6 6/27/24
a mutually agreed mediation service and each Party shall bear its own costs for mediation. If mediation is
unsuccessful, either Party may pursue any legal remedy available from a court of competent jurisdiction.
In any event, in the course of resolving any dispute, including litigation and any appeals, each Party will
be responsible to pay their own legal fees and costs and the cost of construction of their portion of the
project.
C. AMENDMENT. This Agreement may be amended only by written agreement of the
Parties.
D. ASSIGNMENT. This Agreement is not assignable by either Party, either in whole or in part.
E. ENTIRE AGREEMENT. This Agreement is a complete expression of the intent of the Parties
and any oral or written representations or understandings not incorporated herein are excluded. The
Parties recognize that time is of the essence in the performance of the provisions of this Agreement.
Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of
any provision of this Agreement shall not be construed to be a modification of the terms of this Agreement
unless stated to be such through written approval of the Parties which shall be attached to this original
Agreement.
F. NOTICES. Notices to be provided pursuant to this Agreement shall be provided in writing
to the person and address indicated below. Notices shall be deemed delivered three (3) days after
placement of the notice in the U.S. Mail, first class postage pre-paid. Courtesy copies of notices may be
provided via email transmission but shall not constitute delivery of written notice as set forth herein.
CITY OF RENTON
Martin Pastucha – Public Works Administrator
1055 South Grady Way
Renton, WA 98057
mpastucha@rentonwa.gov
cityclerk@rentonwa.gov
CITY OF RENTON
Joe Farah, PE – Surface Water Engineering Manager
1055 South Grady Way
Renton, WA 98057
jfarah@rentonwa.gov
SOOS CREEK WATER AND SEWER DISTRICT
Jane Vandenberg – General Manager
14616 SE 192nd Street
Renton, WA 98052
jvandenberg@sooscreek.com
SOOS CREEK WATER AND SEWER DISTRICT
Paj Hwang, PE – Engineering Manager
14616 SE 192nd Street
Renton, WA 98052
PHwang@sooscreek.com
AGENDA ITEM #5. k)
Interagency Agreement; SCWSD/Renton - 7 6/27/24
G. NON-WAIVER OF BREACH. The failure of either Party to insist upon strict performance
of any of the covenants and agreements contained in this Agreement shall not be construed to be a
waiver or relinquishment of those covenants, agreements, or options, and the same shall be and remain
in full force and effect.
H. COMPLIANCE WITH LAWS. Both Parties agree to comply with applicable local, federal,
and state laws, rules, and regulations that are now effective or in the future become applicable to this
Agreement.
I. NONDISCRIMINATION IN EMPLOYMENT. In the performance of this Agreement, neither
Party will discriminate against any employee on the grounds of race, religion, creed, color, national origin,
sex, marital status, disability, sexual orientation, age, nor other basis prohibited by state or federal law
unless based upon a bona fide occupational qualification. Both Parties shall take such action with respect
to this Agreement as may be required to ensure full compliance with local, state, and federal laws
prohibiting discrimination in employment.
J. SEVERABILITY. If any provision of this Agreement, in whole or in part, is adjudicated to
be invalid, such action shall not affect the validity of any provision not so adjudicated.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
City of Renton Soos Creek Water and Sewer District
By: By:
Armondo Pavone, Jane Vandenberg,
Mayor General Manager
Date: Date:
Attest:
Jason Seth, City Clerk
Approved as to Form Approved as to Form
By By
Shane Moloney Michael M. Hanis
City Attorney District Legal Counsel
Clb 6-27-24 2827
Jul 22, 2024
AGENDA ITEM #5. k)
Interagency Agreement; SCWSD/Renton - 8 6/27/24
INTERAGENCY REIMBURSEMENT AGREEMENT
ATTACli-lMENT A:
PROJECT ILIMITS
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Attachment A
AGENDA ITEM #5. k)
Renton -Soos Creek Reimbursement Agr SE
172nd 06-27-24
Final Audit Report 2024-07-22
Created:2024-07-22
By:Shari Snelling (ssnelling@sooscreek.com)
Status:Signed
Transaction ID:CBJCHBCAABAA01PiRomee9S6ApiMTNqBs-FR6xQQGUcJ
"Renton -Soos Creek Reimbursement Agr SE 172nd 06-27-24"
History
Document created by Shari Snelling (ssnelling@sooscreek.com)
2024-07-22 - 10:17:47 PM GMT
Document emailed to Jane Vandenberg (jvandenberg@sooscreek.com) for signature
2024-07-22 - 10:18:57 PM GMT
Email viewed by Jane Vandenberg (jvandenberg@sooscreek.com)
2024-07-22 - 10:19:30 PM GMT
Document e-signed by Jane Vandenberg (jvandenberg@sooscreek.com)
Signature Date: 2024-07-22 - 10:20:03 PM GMT - Time Source: server
Document emailed to Michael Hanis (mhanis@hiplawfirm.com) for signature
2024-07-22 - 10:20:05 PM GMT
Email viewed by Michael Hanis (mhanis@hiplawfirm.com)
2024-07-22 - 10:22:07 PM GMT
Document e-signed by Michael Hanis (mhanis@hiplawfirm.com)
Signature Date: 2024-07-22 - 10:22:44 PM GMT - Time Source: server
Agreement completed.
2024-07-22 - 10:22:44 PM GMT
AGENDA ITEM #5. k)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
RENTON SCHOOL DISTRICT FOR THE PURPOSE PROVIDING SCHOOL RESROUCE
OFFICERS FOR 2024 - 2025.
WHEREAS, the City and Renton School District No. 403 (“District”) are authorized,
pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal
government cooperative agreement; and
WHEREAS, the District and the City desire to promote law enforcement and related
services to Renton High School, Hazen High School, Lindbergh High School and other District
schools within the City; and
WHEREAS, a School Resource Officer Program (the “Program”) was established by CAG-
15-114, Interlocal Agreement for School Resource Officers dated May 13, 2015, which expired on
June 30, 2017; and
WHEREAS, the City and District reestablished the Program by entering into CAG-17-223,
which expired on June 30, 2019; and
WHEREAS, the City and District reestablished the Program by entering into CAG-19-301,
which expired on August 31, 2020; and
WHEREAS, the City and District reestablished the Program by entering into CAG-20-445,
which expired on August 31, 2022; and
WHEREAS, the City and District reestablished the Program by entering into CAG-22-344,
which expired on August 31, 2023; and
AGENDA ITEM # 7. a)
RESOLUTION NO. _______
2
WHEREAS, the City and District reestablished the Program by entering into CAG-23-346 ,
which expires on August 31, 2024; and
WHEREAS, the District and the City continue to recognize the potential benefits of the
Program to the citizens of the City and to the students and staff of the District high schools within
the City; and
WHEREAS, through the Program, the District and the Renton Police Department have
committed to providing a safe school environment that promotes education and interaction with
students in a positive caring manner; and
WHEREAS, it is in the best interest of the citizens and residents of the District and the City
to reestablish this program by entering into a new interlocal agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with the District regarding School Resource Officers for 2024-2025, attached hereto
as Exhibit “A” and incorporated by this reference.
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
AGENDA ITEM # 7. a)
RESOLUTION NO. _______
3
Approved as to form:
Shane Moloney, City Attorney
RES- PD:24RES018:07/15/2024
AGENDA ITEM # 7. a)
RESOLUTION NO. _______
4
EXHIBIT “A”
INTERLOCAL AGREEMENT FOR
SCHOOL RESOURCE OFFICER
BETWEEN THE CITY OF RENTON
AND RENTON SCHOOL DISTRICT NO. 403
AGENDA ITEM # 7. a)
AGENDA ITEM # 7. a)
AGENDA ITEM # 7. a)
AGENDA ITEM # 7. a)
AGENDA ITEM # 7. a)
AGENDA ITEM # 7. a)
AGENDA ITEM # 7. a)
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
COMMUNITY OUTDOOR ATHLETIC FACILITIES (“COAF”) PROJECT TO THE
RECREATION AND CONSERVATION FUNDING BOARD FOR THE EARLINGTON
PARK ATHLETIC AND SUPPORT FACILITIES PROJECT.
WHEREAS, the City of Renton (“City”) desires to make improvements to Earlington Park
athletic and support facilities (the “Project”); and
WHEREAS, the City desires state grant assistance, under provisions of the Community
Outdoor Athletic Facilities (“COAF”) 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 COAF 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
following documents binding the City on the Project:
AGENDA ITEM # 7. b)
RESOLUTION NO. ________
2
Grant Document Name of Signatory or Title of
Person Authorized to Sign
Grant application (submission thereof) Capital Projects Coordinator
Project contact (day-to-day administering of
the grant and communicating with the RCO)
Capital Projects Coordinator
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
enters into an Agreement on the City’s behalf. The Office reserves the right to revise the
Agreement prior to execution.
AGENDA ITEM # 7. b)
RESOLUTION NO. ________
3
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.
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
AGENDA ITEM # 7. b)
RESOLUTION NO. ________
4
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 owned by the City that is
developed, renovated, enhanced, or restored with grant assistance must be dedicated for the
purpose of the grant in perpetuity unless otherwise allowed by grant program policy or RCO in
writing and per the Agreement or an amendment thereto.
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.
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.
AGENDA ITEM # 7. b)
RESOLUTION NO. ________
5
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:24RES017:7/15/24
AGENDA ITEM # 7. b)
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
COMMUNITY OUTDOOR ATHLETIC FACILITIES (“COAF”) PROJECT TO THE
RECREATION AND CONSERVATION FUNDING BOARD FOR THE CEDAR RIVER
BOATHOUSE DOCK REPLACEMENT PHASE 2 PROJECT.
WHEREAS, the City of Renton (“City”) desires to replace a deteriorating floating dock at
Cedar River Boathouse (the “Project”); and
WHEREAS, the City desires state grant assistance, under provisions of the Community
Outdoor Athletic Facilities (“COAF”) 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 COAF 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 following
documents binding the City on the Project:
AGENDA ITEM # 7. c)
RESOLUTION NO. ________
2
Grant Document Name of Signatory or Title of
Person Authorized to Sign
Grant application (submission thereof) Parks and Trails Director
Project contact (day-to-day administering of
the grant and communicating with the RCO)
Parks and Trails Director
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
enters into an Agreement on the City’s behalf. The Office reserves the right to revise the
Agreement prior to execution.
AGENDA ITEM # 7. c)
RESOLUTION NO. ________
3
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.
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
AGENDA ITEM # 7. c)
RESOLUTION NO. ________
4
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 not owned by the City that is
developed, renovated, enhanced, or restored with grant assistance must be dedicated for the
purpose of the grant as required by grant program policies unless otherwise provided for per the
Agreement or an amendment thereto.
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.
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.
AGENDA ITEM # 7. c)
RESOLUTION NO. ________
5
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:24RES019:07/18/24
AGENDA ITEM # 7. c)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2024
CITY OF RENTON SALARY TABLE TO REFLECT THAT COUNCIL SALARY IS
ESTABLISHED BY THE INDEPENDENT SALARY COMMISSION AND TO UPDATE
TITLES AND SERIES FOR VARIOUS POSITIONS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Renton 2024 Salary Table was adopted as part of the City’s
amendment to the 2023-2024 budget on December 4, 2023, in Ordinance No. 6124 and amended
by Ordinance No. 6132 on March 4, 2024; and
WHEREAS, the Independent Salary Commission (the “Commission”) establishes
Councilmember salaries pursuant to Chapter 2-20 RMC separate from the Salary Table adoption
process without Council approval; and
WHEREAS, the City Council desires to amend the 2024 City of Renton Salary Table to
remove reference to salaries that are adopted by the Commission and to update the title of “GIS
Manager” to “I.T. Analyst Assistant Manager,” to eliminate Parks Maintenance Assistant 1, and
to update the title of “Parks Maintenance Assistant 2” to “Parks Maintenance Assistant;”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The City Council hereby adopts the amended 2024 City of Renton Salary
Table, attached hereto and incorporated by this reference as Exhibit A, which amendment shall
be effective September 1, 2024.
SECTION II. The Salary Table is intended to be consistent with all applicable collective
bargaining agreements. In the event of conflicts, applicable collective bargaining agreements
AGENDA ITEM # 7. d)
ORDINANCE NO. 6132
2
control. The Mayor is authorized to execute any agreements memorializing changes to applicable
collective bargaining agreements to reflect the salaries and job classifications in Exhibit A.
SECTION III. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court 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.
SECTION IV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. Once effective, the amended
Salary Table shall remain in effect until changes are authorized by the City Council. The summary
of this ordinance 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:
ORD-HR:24ORD009:07/30/24
AGENDA ITEM # 7. d)
ORDINANCE NO. 6132
3
EXHIBIT A
2024 CITY OF RENTON SALARY TABLE
AGENDA ITEM # 7. d)
4.5%
Grade Position Title Monthly Annual Monthly Annual
e10 Mayor (1)17,432 209,184 17,432 209,184
e09 City Council President (2)(7)2,050 24,600
As established by the Independent Salary Commission pursuant to Chapter 2-20 RMC
e09 City Council Members (2)1,750 21,000
As established by the Independent Salary Commission pursuant to Chapter 2-20 RMC
e08 11,517 138,204 12,102 145,224 12,712 152,544 13,355 160,260 14,029 168,348
e11 Municipal Court Judge (6)
Salary established pursuant to RMC 3-10-2.E
m53 Chief Administrative Officer 15,790 189,480 16,595 199,140 17,432 209,184 18,312 219,744 19,229 230,748
m52 15,403 184,836 16,183 194,196 17,009 204,108 17,870 214,440 18,763 225,156
m51 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184 18,312 219,744
m50 14,660 175,920 15,403 184,836 16,183 194,196 17,009 204,108 17,870 214,440
m49 City Attorney 14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184
m49 Parks & Recreation Administrator 14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184
m49 Community & Economic Development Administrator 14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184
m49 Deputy Chief Administrative Officer 14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184
m49 Finance Administrator 14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184
m49 Human Resources & Risk Mgmt Administrator 14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184
m49 Judicial Administrative Officer 14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184
m49 Public Works Administrator 14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184
m49 Police Chief (3)14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140 17,432 209,184
m48 13,956 167,472 14,660 175,920 15,403 184,836 16,183 194,196 17,009 204,108
m47 13,617 163,404 14,308 171,696 15,028 180,336 15,790 189,480 16,595 199,140
m46 Police Deputy Chief (4)13,284 159,408 13,956 167,472 14,660 175,920 15,403 184,836 16,183 194,196
m46 Prosecution Director 13,284 159,408 13,956 167,472 14,660 175,920 15,403 184,836 16,183 194,196
m45 12,961 155,532 13,617 163,404 14,308 171,696 15,028 180,336 15,790 189,480
m44 12,647 151,764 13,284 159,408 13,956 167,472 14,660 175,920 15,403 184,836
m43 Economic Development Director 12,334 148,008 12,961 155,532 13,617 163,404 14,308 171,696 15,028 180,336
m42 Police Commander (5)12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472 14,660 175,920
m42 Sr Assistant City Attorney 12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472 14,660 175,920
m41 Fiscal Services Director 11,744 140,928 12,334 148,008 12,961 155,532 13,617 163,404 14,308 171,696
m41 Information Technology Director 11,744 140,928 12,334 148,008 12,961 155,532 13,617 163,404 14,308 171,696
m40 Airport Director 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472
m40 Development Engineering Director 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472
m40 Development Services Director 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472
m40 Facilities Director 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472
m40 Maintenance Services Director 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472
m40 Planning Director 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472
m40 Transportation Systems Director 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472
m40 Utility Systems Director 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408 13,956 167,472
m39 Parks Planning and Natural Resources Director 11,178 134,136 11,744 140,928 12,334 148,008 12,961 155,532 13,617 163,404
m38 City Clerk/Public Records Officer 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408
m38 Communications Director 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408
m38 Emergency Management Director 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408
m38 HR Labor Relations & Compensation Manager 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408
m38 Lead Prosecutor 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408
m38 Parks and Trails Director 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408
m38 Recreation Director 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764 13,284 159,408
Wage Adjustment
2024 CITY OF RENTON SALARY TABLE
NON-REPRESENTED Effective January 1, 2024
STEP A STEP B STEP C STEP D STEP E
ELECTED OFFICIALS
MANAGEMENT & SUPERVISORY (NON-UNION)
AGENDA ITEM # 7. d)
4.5%
Grade Position Title Monthly Annual Monthly Annual
Wage Adjustment
2024 CITY OF RENTON SALARY TABLE
NON-REPRESENTED Effective January 1, 2024
STEP A STEP B STEP C STEP D STEP E
m37 Application Support Manager 10,643 127,716 11,178 134,136 11,744 140,928 12,334 148,008 12,961 155,532
m37 ITS and Maintenance Manager 10,643 127,716 11,178 134,136 11,744 140,928 12,334 148,008 12,961 155,532
m37 Transportation Design Manager 10,643 127,716 11,178 134,136 11,744 140,928 12,334 148,008 12,961 155,532
m37 Transportation Operations Manager 10,643 127,716 11,178 134,136 11,744 140,928 12,334 148,008 12,961 155,532
m37 Transportation Planning Manager 10,643 127,716 11,178 134,136 11,744 140,928 12,334 148,008 12,961 155,532
m37 Utility Engineering Manager 10,643 127,716 11,178 134,136 11,744 140,928 12,334 148,008 12,961 155,532
m36 Budget & Accounting Manager 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764
m36 Construction Engineering Manager 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764
m36 Current Planning Manager 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764
m36 Development Engineering Manager 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764
m36 Economic Development Assistant Director 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764
m36 Government Affairs Manager 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764
m36 Long Range Planning Manager 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764
m36 Redevelopment Manager 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420 12,647 151,764
m35 Assistant City Attorney 10,125 121,500 10,643 127,716 11,178 134,136 11,744 140,928 12,334 148,008
m34 IT Business Analysis Assistant Manager 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420
m34 GIS Manager 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420
m34 Human Resources Benefits Manager 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420
m34 Network Systems Manager 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420
m34 Organizational Development Manager 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420
m34 Risk Manager 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496 12,035 144,420
m33 Sustainability & Solid Waste Manager 9,637 115,644 10,125 121,500 10,643 127,716 11,178 134,136 11,744 140,928
m33 Water Maintenance Manager 9,637 115,644 10,125 121,500 10,643 127,716 11,178 134,136 11,744 140,928
m32 Capital Projects Manager 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496
m32 Economic Development Manager 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496
m32 Fleet Manager 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496
m32 Human Services Manager 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496
m32 Parks Planning Manager 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496
m32 Street Maintenance Manager 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496
m32 Urban Forestry and Natural Resources Manager 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496
m32 Waste Water/Special Operations Manager 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872 11,458 137,496
m31 Facilities Manager 9,174 110,088 9,637 115,644 10,125 121,500 10,643 127,716 11,178 134,136
m31 Parks Maintenance Manager 9,174 110,088 9,637 115,644 10,125 121,500 10,643 127,716 11,178 134,136
m30 Comms & Community Engagement Manager 8,950 107,400 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872
m30 Police Manager 8,950 107,400 9,401 112,812 9,874 118,488 10,381 124,572 10,906 130,872
m29 Communications Manager 8,726 104,712 9,174 110,088 9,637 115,644 10,125 121,500 10,643 127,716
m29 Golf Course Manager 8,726 104,712 9,174 110,088 9,637 115,644 10,125 121,500 10,643 127,716
m29 Prosecuting Attorney 8,726 104,712 9,174 110,088 9,637 115,644 10,125 121,500 10,643 127,716
m29 Recreation Manager 8,726 104,712 9,174 110,088 9,637 115,644 10,125 121,500 10,643 127,716
m28 Financial Operations Manager 8,521 102,252 8,950 107,400 9,401 112,812 9,874 118,488 10,381 124,572
m28 Permit Services Manager 8,521 102,252 8,950 107,400 9,401 112,812 9,874 118,488 10,381 124,572
m28 Tax & Licensing Manager 8,521 102,252 8,950 107,400 9,401 112,812 9,874 118,488 10,381 124,572
m27 Enterprise Content Manager 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644 10,125 121,500
m27 Senior Grants Analyst 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644 10,125 121,500
m27 Museum Manager 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644 10,125 121,500
m26 Chief of Staff 8,108 97,296 8,521 102,252 8,950 107,400 9,401 112,812 9,874 118,488
m25 Head Golf Professional 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644
m25 Senior Benefits Analyst 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644
m25 Senior Employee Relations Analyst 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644
m25 Senior Finance Analyst 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644
m25 Senior Human Resources Analyst - DEI 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644
m25 Senior Risk Management Analyst 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644
m25 Solid Waste Program Manager 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088 9,637 115,644
m24 Deputy City Clerk/Public Records Officer 7,722 92,664 8,108 97,296 8,521 102,252 8,950 107,400 9,401 112,812
m23 Benefits Analyst 7,525 90,300 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088
m23 Employee Relations Analyst 7,525 90,300 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088
AGENDA ITEM # 7. d)
4.5%
Grade Position Title Monthly Annual Monthly Annual
Wage Adjustment
2024 CITY OF RENTON SALARY TABLE
NON-REPRESENTED Effective January 1, 2024
STEP A STEP B STEP C STEP D STEP E
m23 Recreation Supervisor 7,525 90,300 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088
m23 Risk Management Analyst 7,525 90,300 7,911 94,932 8,311 99,732 8,726 104,712 9,174 110,088
m22 Community Events Coordinator 7,348 88,176 7,722 92,664 8,108 97,296 8,521 102,252 8,950 107,400
m22 Community Outreach Coordinator 7,348 88,176 7,722 92,664 8,108 97,296 8,521 102,252 8,950 107,400
m22 Court Services Supervisor 7,348 88,176 7,722 92,664 8,108 97,296 8,521 102,252 8,950 107,400
m22 Employee Health & Safety Coordinator 7,348 88,176 7,722 92,664 8,108 97,296 8,521 102,252 8,950 107,400
m22 Golf Course Supervisor 7,348 88,176 7,722 92,664 8,108 97,296 8,521 102,252 8,950 107,400
m22 Parks & Recreation Program Coordinator 7,348 88,176 7,722 92,664 8,108 97,296 8,521 102,252 8,950 107,400
m21 Executive Assistant 7,166 85,992 7,525 90,300 7,911 94,932 8,311 99,732 8,726 104,712
m21 Senior Tax & Licensing Auditor 7,166 85,992 7,525 90,300 7,911 94,932 8,311 99,732 8,726 104,712
m20 6,991 83,892 7,348 88,176 7,722 92,664 8,108 97,296 8,521 102,252
m19 6,824 81,888 7,166 85,992 7,525 90,300 7,911 94,932 8,311 99,732
m18 Payroll Technician 3 6,652 79,824 6,991 83,892 7,348 88,176 7,722 92,664 8,108 97,296
m17 Legal Analyst 6,495 77,940 6,824 81,888 7,166 85,992 7,525 90,300 7,911 94,932
n16 Administrative Assistants (All Depts)6,310 75,720 6,628 79,536 6,953 83,436 7,311 87,732 7,676 92,112
n16 Finance Analyst 3 6,310 75,720 6,628 79,536 6,953 83,436 7,311 87,732 7,676 92,112
n16 Tax & Licensing Auditor 2 6,310 75,720 6,628 79,536 6,953 83,436 7,311 87,732 7,676 92,112
n15 6,146 73,752 6,463 77,556 6,788 81,456 7,133 85,596 7,498 89,976
n14 6,001 72,012 6,310 75,720 6,628 79,536 6,953 83,436 7,311 87,732
n13 Finance Analyst 2 5,853 70,236 6,146 73,752 6,463 77,556 6,788 81,456 7,133 85,596
n13 Human Resources Specialist 5,853 70,236 6,146 73,752 6,463 77,556 6,788 81,456 7,133 85,596
n13 Payroll Technician 2 5,853 70,236 6,146 73,752 6,463 77,556 6,788 81,456 7,133 85,596
n13 Tax & Licensing Auditor 1 5,853 70,236 6,146 73,752 6,463 77,556 6,788 81,456 7,133 85,596
n12 5,716 68,592 6,001 72,012 6,310 75,720 6,628 79,536 6,953 83,436
n11 Assistant Golf Professional 5,572 66,864 5,853 70,236 6,146 73,752 6,463 77,556 6,788 81,456
n10 Finance Analyst 1 5,438 65,256 5,716 68,592 6,001 72,012 6,310 75,720 6,628 79,536
n10 Payroll Technician 1 5,438 65,256 5,716 68,592 6,001 72,012 6,310 75,720 6,628 79,536
n09 5,309 63,708 5,572 66,864 5,853 70,236 6,146 73,752 6,463 77,556
n08 5,175 62,100 5,438 65,256 5,716 68,592 6,001 72,012 6,310 75,720
n07 5,050 60,600 5,309 63,708 5,572 66,864 5,853 70,236 6,146 73,752
n06 4,925 59,100 5,175 62,100 5,438 65,256 5,716 68,592 6,001 72,012
n05 4,806 57,672 5,050 60,600 5,309 63,708 5,572 66,864 5,853 70,236
n04 4,691 56,292 4,925 59,100 5,175 62,100 5,438 65,256 5,716 68,592
n03 4,581 54,972 4,806 57,672 5,050 60,600 5,309 63,708 5,572 66,864
n02 4,469 53,628 4,691 56,292 4,925 59,100 5,175 62,100 5,438 65,256
n01 Office Specialist 4,366 52,392 4,581 54,972 4,806 57,672 5,050 60,600 5,309 63,708
NON-UNION (CLERICAL, OTHER)
AGENDA ITEM # 7. d)
4.5%
Grade Position Title Monthly Annual Monthly Annual
Wage Adjustment
2024 CITY OF RENTON SALARY TABLE
NON-REPRESENTED Effective January 1, 2024
STEP A STEP B STEP C STEP D STEP E
$7,249
Completion of 5 Yrs
Completion of 10 Yrs
Completion of 15 Yrs
Completion of 20 Yrs
Completion of 25 Yrs
Completion of 30 Yrs
(1)In addition to salary receives annual car allowance of $4800 or use of a city vehicle. Not eligible for longevity.
(2)
(3)Eligible for Longevity at the Non-Represented Longevity pay scale. Not eligible for Education or Uniform Allowance.
(4)Eligible for Longevity at the Non-Represented Longevity pay scale. Not eligible for Education or Uniform Allowance. Eligible for 3% cash premium or 3% into deferred
compensation per employee's discretion for passing physical fitness.
(5)Receive Education/Longevity & Uniform Allowance based on Union Contract. Eligible for 3% deferred compensation for passing physical fitness.
Eligible for P2 paid job injury leave based on Union Contract.
(6)4 year term. Not eligible for longevity.
(7)Council president to be paid $300/month above council members salary.
for Management and Non-Represented employees; except for CAO receives 11% per year.
5% Step a14E $362 per month
6% Step a14E $435 per month
7% Step a14E $507 per month
Council members salary set per Independent Salary Commission effective 4/1/20 pursuant to Chapter 2-20 RMC. Council receives 2% of salary for
deferred comp. If members are prohibited from participating in PERS, they receive an extra 1.4 % of salary for deferred compensation. Not eligible for
longevity.
The city contributes 4% of employee's base wage per year to a deferred compensation account
Step a14, E =
3% Step a14E $217 per month
4% Step a14E $290 per month
2% Step a14E $145 per month
NON-REPRESENTED LONGEVITY PAY as of 1/1/2024
AGENDA ITEM # 7. d)
Wage Adjustment 4.5%
Grade Position Title Monthly Annual Monthly Annual
a40 11,282 135,384 11,845 142,140 12,446 149,352 13,078 156,936 13,738 164,856
a39 11,026 132,312 11,573 138,876 12,141 145,692 12,758 153,096 13,404 160,848
-
a38 10,745 128,940 11,282 135,384 11,845 142,140 12,446 149,352 13,078 156,936
a37 Principal Civil Engineer 10,498 125,976 11,026 132,312 11,573 138,876 12,141 145,692 12,758 153,096
a36 10,232 122,784 10,745 128,940 11,282 135,384 11,845 142,140 12,446 149,352
a35 9,987 119,844 10,498 125,976 11,026 132,312 11,573 138,876 12,141 145,692
a34 9,743 116,916 10,232 122,784 10,745 128,940 11,282 135,384 11,845 142,140
a33 Civil Engineer 3 9,508 114,096 9,987 119,844 10,498 125,976 11,026 132,312 11,573 138,876
a32 9,278 111,336 9,743 116,916 10,232 122,784 10,745 128,940 11,282 135,384
a31 Assistant Airport Manager 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 11,026 132,312
a31 Principal Planner 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 11,026 132,312
a31 Structural Plans Examiner 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976 11,026 132,312
a30 Client Technology Sys & Support Super.8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784 10,745 128,940
a30 Civil Engineer 2 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784 10,745 128,940
a29 Capital Project Coordinator 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976
a29 ITS & Signal Maintenance Supervisor 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976
a29 Program Development Coordinator 2 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976
a29 Senior Systems Analyst 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844 10,498 125,976
a28 Senior Network Systems Specialist 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784
a28 Senior Planner 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784
a28 Transportation Planner 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916 10,232 122,784
a27 Senior Business Systems Analyst 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096 9,987 119,844
a26 Civil Engineer 1 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916
a26 GIS Analyst 3 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916
a26 Lead Building Inspector 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916
a26 Lead Code Compliance Inspector 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916
a26 Lead Construction Engineering Inspector 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916
a26 Neighborhood Program Coordinator 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916
a26 Systems Analyst 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916
a26 Water Utility Maintenance Supervisor 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336 9,743 116,916
a25 Facilities Coordinator 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096
a25 Lead Electrical/Ctrl Systems Technician 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096
a25 Program Development Coordinator 1 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096
a25 Senior Economic Development Specialist 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528 9,508 114,096
a24 Network Systems Specialist 7,612 91,344 7,994 95,928 8,400 100,800 8,828 105,936 9,278 111,336
a23 Airport Ops & Maintenance Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Building Plan Reviewer 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Business Systems Analyst 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Custodial Maintenance Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Emergency Management Coordinator 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Engineering Specialist 3 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Facilities Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 GIS Analyst 2 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Housing Repair Coordinator 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Pavement Management Technician 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
2024 CITY OF RENTON SALARY TABLE
AFSCME, Local 2170 Effective January 1, 2024
STEP A STEP B STEP C STEP D STEP E
AGENDA ITEM # 7. d)
Wage Adjustment 4.5%
Grade Position Title Monthly Annual Monthly Annual
2024 CITY OF RENTON SALARY TABLE
AFSCME, Local 2170 Effective January 1, 2024
STEP A STEP B STEP C STEP D STEP E
a23 Plan Reviewer 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Property Services Specialist 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Signal & ITS Technician 3 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Street Maintenance Services Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Waste Water Maint. Services Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a23 Water Maintenance Services Supervisor 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356 9,044 108,528
a22 Senior Paralegal 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800 8,828 105,936
a22 Utility Accounts Supervisor 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800 8,828 105,936
a21 Associate Planner 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Building Inspector/Combination 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Building Inspector/Electrical 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Case Manager 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Code Compliance Inspector 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Communications Specialist 2 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Construction Engineering Inspector 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 GIS Analyst 1 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Lead Vehicle & Equipment Mechanic 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Parks Maintenance Supervisor 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Traffic Signage & Marking Supervisor 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a21 Water Meter Tech. Services Supervisor 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364 8,613 103,356
a20 Business Coordinator - Airport 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800
a20 Economic Development Specialist 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800
a20 Human Services Coordinator 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800
a20 Inspecting Arborist 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800
a20 Public Records Analyst 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800
a20 Senior Program Specialist 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928 8,400 100,800
a19 Client Technology Services Specialist 2 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364
a19 Electrical Technician 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364
a19 Engineering Specialist 2 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364
a19 HVAC Systems Technician 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364
a19 Signal & ITS Technician 2 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364
a19 Water Utility Instr./SCADA Technician 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600 8,197 98,364
a18 Development Services Representative 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928
a18 Farmers Market Coordinator 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928
a18 Lead Golf Course Maintenance Worker 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928
a18 Lead Maintenance Services Worker 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928
a18 Lead Parks Maintenance Worker 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928
a18 Recreation Program Coordinator 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928
a18 Senior Sustainability Specialist 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928
a18 Water Utility Maintenance Technician 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344 7,994 95,928
a17 Assistant Planner 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600
a17 Digital Communications Specialist 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600
a17 Lift Station Technician 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600
a17 Maintenance Buyer 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600
a17 Paralegal 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600
a17 Public Records Specialist 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600
a17 Senior Traffic Maintenance Worker 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600
a17 Water Quality/Treatment Plant Operator 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136 7,800 93,600
a16 Program Assistant 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344
a16 Recreation Specialist 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344
a16 Sustainability Specialist 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344
a16 Vehicle & Equipment Mechanic 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988 7,612 91,344
a15 Airport Operations Specialist 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
a15 City Clerk Specialist 2 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
AGENDA ITEM # 7. d)
Wage Adjustment 4.5%
Grade Position Title Monthly Annual Monthly Annual
2024 CITY OF RENTON SALARY TABLE
AFSCME, Local 2170 Effective January 1, 2024
STEP A STEP B STEP C STEP D STEP E
a15 Client Technology Services Specialist 1 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
a15 Communications Specialist 1 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
a15 Court Operations Specialist 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
a15 Facilities Technician 2 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
a15 Grounds Equipment Mechanic 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
a15 Housing Maintenance Technician 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
a15 Planning Technician 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
a15 Signal & ITS Technician 1 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792 7,428 89,136
a14 Asset Management Systems Technician 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988
a14 Golf Course Maintenance Worker 3 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988
a14 Maintenance Services Worker 3 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988
a14 Parks Maintenance Worker 3 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988
a14 Print & Mail Supervisor 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988
a14 Recreation Systems Technician 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988
a14 Traffic Maintenance Worker 2 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728 7,249 86,988
a13 Engineering Specialist 1 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792
a13 Facilities Technician 1 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792
a13 Permit Services Specialist 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792
a13 Program Specialist 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700 7,066 84,792
a12 Judicial Specialist 2 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804 6,894 82,728
a11 Airport Maintenance Worker 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700
a11 City Clerk Specialist 1 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700
a11 Fleet Management Technician 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700
a11 Lead Maintenance Custodian 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700
a11 Water Meter System Specialist 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836 6,725 80,700
a10 Legal Assistant 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804
a10 Golf Course Maintenance Worker 2 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804
a10 Maintenance Services Worker 2 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804
a10 Parks Maintenance Worker 2 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804
a10 Traffic Maintenance Worker 1 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036 6,567 78,804
a09 Accounting Assistant 4 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836
a09 Administrative Secretary 1 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836
a09 Golf Course Operations Assistant 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836
a09 Purchasing Assistant 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836
a09 Recreation Assistant 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104 6,403 76,836
a08 Court Security Officer 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036
a08 Judicial Specialist 1 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376 6,253 75,036
a07 Accounting Assistant 3 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104
a07 Maintenance Custodian 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104
a07 Secretary 2 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104
a07 Water Meter Technician 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612 6,092 73,104
a06 Golf Course Maintenance Worker 1 4,887 58,644 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376
a06 Maintenance Services Worker 1 4,887 58,644 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376
a06 Parks Maintenance Worker 1 4,887 58,644 5,129 61,548 5,388 64,656 5,663 67,956 5,948 71,376
a05 Accounting Assistant 2 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276 5,801 69,612
a04 Pro Shop Assistant 4,651 55,812 4,887 58,644 5,129 61,548 5,388 64,656 5,663 67,956
a03 Accounting Assistant 1 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276
a03 Golf Course Associate 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276
a03 Parks Maintenance Assistant 2 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276
a03 Parks Maintenance Assistant 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276
AGENDA ITEM # 7. d)
Wage Adjustment 4.5%
Grade Position Title Monthly Annual Monthly Annual
2024 CITY OF RENTON SALARY TABLE
AFSCME, Local 2170 Effective January 1, 2024
STEP A STEP B STEP C STEP D STEP E
a03 Print & Mail Assistant 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072 5,523 66,276
a02 4,435 53,220 4,651 55,812 4,887 58,644 5,129 61,548 5,388 64,656
a01 Custodian 4,319 51,828 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072
a01 Parks Maintenance Assistant 1 4,319 51,828 4,537 54,444 4,765 57,180 5,005 60,060 5,256 63,072
$7,249
Completion of 5 Yrs
Completion of 10 Yrs
Completion of 15 Yrs
Completion of 20 Yrs
Completion of 25 Yrs
Completion of 30 Yrs
The city contributes 1% of employee's base wage per year to a VEBA account.
The city contributes 3% of employee's base wage per year to a deferred compensation account. (Article 14)
6% Step a14E $435 per month
7% Step a14E $507 per month
per month
LONGEVITY PAY
Step a14, E =
2% Step a14E $145 per month
3% Step a14E $217 per month
4% Step a14E $290 per month
5% Step a14E $362
AGENDA ITEM # 7. d)
POLICE DEPARTMENT - Commissioned Officers 5.0%
Grade Monthly Annual Monthly Annual
Police Chief See Management & Supervisory Matrix, Grade m49
Police Deputy Chief See Management & Supervisory Matrix, Grade m46
Police Commander See Management & Supervisory Matrix, Grade m42
pc61 Sergeant*11,402 136,827 12,314 147,768
(15% over Police Officer 2)*Step increase at 12 months
pc60 8,036 96,436 8,669 104,028 9,289 111,474 9,916 118,991
pc59 7,563 90,762 8,159 97,909 8,743 104,914 9,332 111,990
Percent
Interpreters -------------------------------------------3%
Detectives ------------------------------------------3%
Traffic Assignment-------------------------------3%
Motorcycle Assignment-- 2%
Background Investigator- 3%
Canine Officer ------------------------------------4%
Corporal Assignment --------------------------7.5%
Field Training Officer ---------------------------3%
8% when assigned student(s)
Training Officer------------------------------------3%
SWAT Assignment ---------------------------------4%
SRO Assignment----------------------------------3%
Paid at rate of double time with 3 hrs
minimum when called to an emergency.
Negotiator----------------------------------4%
SET/DET----------------------------------3%
VIIT---------------------------------------2%*
VIIT Lead-------------------- 4%*
Percentage (of base wage)
Percentage (of base wage)
-
Completion of 10 Yrs 4%
Completion of 15 Yrs 6%
Completion of 20 Yrs 10%
Completion of 25 Yrs 12%
Completion of 30 Yrs 14%
MONTHLY EDUCATIONAL INCENTIVE PAY (Appendix B)
4%
Position Title
HAZARD DUTY AND PREMIUM PAY (Article 6.7 and 6.8)
MONTHLY LONGEVITY PAY (Appendix B)
Years of Service
Completion of 5 Yrs 2%
Frozen
Frozen
Police Officer 2 (2189
Schedule) (6.25% over
Police Officer 1)
minimum when called to an emergency.
*In addition to a paid rate of time and one half
with 3 hr minimum when called out.
Police Officer 1 (Newly
Hired 2080 Hours)
6%
Effective March 1, 2024, the city contributes 1% of employee's wage base toward deferred compensation.
(Appendix A.2.2)
Paid at rate of time and one half with a 3 hr
BA Degree/Masters Degree
AA Degree (90 credits)
Civil Disturbance
Unit ---------------------
---Special Weapons
and Tactics-------------
2024 CITY OF RENTON SALARY TABLE
Effective January 1, 2024
STEP A STEP B STEP C STEP D STEP E
Wage Adjustment
AGENDA ITEM # 7. d)
-
-
-
NOTE: Please refer to the current labor agreement for specific information.
Effective January 1, 2024, Sergeants receive an additional 3% salary increase at Step E, for a total of 8%
increase over Step A. Step A Sergeants will move to Step E after 12 months.
The city contributes 3% of employee's wage base toward deferred compensation for passing physical fitness.
(Article 6.8.4, and Appendix A.2.3)
Effective March 1, 2024, the city contributes 2% of employee's wage base to a VEBA plan. (Article 14.10)AGENDA ITEM # 7. d)
POLICE DEPARTMENT - Non-Commissioned Employees 5.0%
Grade Position Title Monthly Annual Monthly Annual
pn70 6,754 81,048 7,302 87,624 8,024 96,288 8,817 105,804 9,281 111,372
pn69 6,589 79,068 7,123 85,476 7,828 93,936 8,603 103,236 9,054 108,648
pn68 6,429 77,148 6,950 83,400 7,637 91,644 8,392 100,704 8,834 106,008
pn67 Community Engagement Coord.6,272 75,264 6,781 81,372 7,451 89,412 8,187 98,244 8,618 103,416
pn66 6,118 73,416 6,615 79,380 7,269 87,228 7,988 95,856 8,407 100,884
pn65 5,969 71,628 6,453 77,436 7,092 85,104 7,793 93,516 8,203 98,436
pn64 5,823 69,876 6,296 75,552 6,918 83,016 7,603 91,236 8,002 96,024
pn63 5,682 68,184 6,143 73,716 6,749 80,988 7,417 89,004 7,808 93,696
pn62 Police Services Specialist Supervisor 7,835 94,020
(15% above Specialist, Step E)
pn61 Electronic Home Detention Coord 5,538 66,456 5,976 71,712 6,581 78,972 7,235 86,820 7,595 91,140
pn60 Crime Analyst 5,613 67,356 6,066 72,792 6,663 79,956 7,183 86,196 7,543 90,516
pn59 Domestic Violence Victim Advocate 5,240 62,880 5,692 68,304 6,325 75,900 6,954 83,448 7,322 87,864
pn58 Evidence Technician 5,284 63,408 5,703 68,436 6,276 75,312 6,904 82,848 7,260 87,120
pn57 Police Services Specialist Lead 7,153 85,836
(5% above Specialist, Step E)
pn56 Animal Control Officer 4,983 59,796 5,388 64,656 5,924 71,088 6,514 78,168 6,842 82,104
pn54 Police Services Specialist 4,963 59,556 5,361 64,332 5,901 70,812 6,490 77,880 6,813 81,756
pn53 Police Administrative Specialist 4,304 51,648 4,645 55,740 5,116 61,392 5,629 67,548 5,906 70,872
pn53 Parking Enforcement Officer 4,304 51,648 4,645 55,740 5,116 61,392 5,629 67,548 5,906 70,872
Interpreter Premium…………...……………………..…………….................….....……….…………….3% of base pay (Article 6.5.2)
2.5% of base pay (Article 6.5.3)
4% of base pay (Article 6.5.1)
Double time with 3 hrs min (Article 6.4)
NON- COMMISSIONED PREMIUM PAY (Articles 6.4 and 6.5)
Public Records Act Premium……..…………………………………...............…………………………
Field Training Officer, FTO (Police Service Specialist)…...............…………........…
Crisis Communication Unit………..........…………………………..............…………..…...………
2024 CITY OF RENTON SALARY TABLE
**In Negotiations**
STEP A STEP B STEP C STEP D STEP E
Wage Adjustment
AGENDA ITEM # 7. d)
POLICE DEPARTMENT - Non-Commissioned Employees 5.0%
2024 CITY OF RENTON SALARY TABLE
**In Negotiations**
Wage Adjustment
- Effective 1/1/2020, the city began contributing 1% of the employee's base wage to a VEBA plan. (Article 14.10)
- The city contributes an additional 3% of employee's wage base toward deferred comp for passing physical fitness prior to
beginning of each calendar year. (Article 6.8.3)
Completion of 25 Yrs 12%
Completion of 30 Yrs 14%
MONTHLY EDUCATIONAL INCENTIVE PAY SCHEDULE (Appendix B.2)
Percentage (of base wage)
AA Degree (90 credits)4%
BA/BS Degree or Masters Degree 6%
- The city contributes 4.5% of the employee's base wage to a deferred comp account. (Appendix A.3)
Completion of 10 Yrs 4%
Completion of 15 Yrs 6%
Completion of 20 Yrs 10%
Completion of 5 Yrs 2%
POLICE NON-COMMISSIONED- MONTHLY LONGEVITY INCENTIVE PAY SCHEDULE (Article 12, Appendix B.1)
Years of Service Percentage (of base wage)
AGENDA ITEM # 7. d)