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HomeMy WebLinkAboutCouncil 12/05/2011AGENDA  RENTON CITY COUNCIL  REGULAR MEETING  December 5, 2011  Monday, 7 p.m.   *REVISED* 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. The Next Fifty ‐ Seattle Center Briefing  4.ADMINISTRATIVE REPORT 5.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting.  Each speaker is allowed five minutes.  The  comment period will be limited to one‐half hour.  The second audience comment period later on in  the agenda is unlimited in duration.)  When you are recognized by the Presiding Officer, please  walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST  NAME. 6.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the  recommended actions will be accepted in a single motion.  Any item may be removed for further  discussion if requested by a Councilmember.  a. Approval of Council meeting minutes of 11/21/2011.  Council concur.  b. City  Clerk  reports  bid  opening  on  10/12/2011  for  CAG‐11‐133,  Strander  Blvd./SW  27th  St.  Extension, Phase I, Segment 2A, 12 bids; engineer’s estimate $9,241,338.22; and submits staff  recommendation  to  award  the  contract  to  the  responsive  low  bidder,  Guy  F.  Atkinson  Construction, LLC, in the amount of $11,381,158.70.  Council concur.  c. Community  and  Economic  Development  Department  recommends  approval  of  the  Renton  Lodging Tax Advisory Committee recommendation to allocate $120,000 to the Renton Chamber  of  Commerce  to  fund  the  Renton  Visitors  Connection,  $80,000  to  the  Renton  Community  Marketing  Campaign  to  fund  its  marketing  efforts,  and  $5,000  to  the  Community  Services  Department to fund printing of the South King County Trails Map; and to additionally approve  Mayor Law's appointment of Marcie Palmer as Chair of the Renton Lodging Tax Committee.   Refer to Finance Committee.  d. Community and Economic Development Department recommends approval of the 2012 State  Legislative Agenda and Statement of Policy Positions, which serve as guidance for City staff  during the State legislative session.  Refer to Committee of the Whole.  e. Community  and  Economic  Development  Department  recommends  repealing  Ordinance  No.  5136 regarding shoreline regulations. Ordinance No. 5633 was adopted on 10/24/2011 and  supersedes Ordinance No. 5136.  Council concur.  (See 7.a. for ordinance.)  Page 1 of 171 f. Community  and  Economic  Development  Department  recommends  adoption  of  a  resolution  delaying  the  West  Hill  Annexation  election  until  11/6/2012  in  order  to  study  possible  legislative impacts regarding the Governor's proposal to eliminate the sales tax credit program  for future annexations.  Council concur.  (See 7.a. for resolution.)   g. Community Services Department recommends approval of an agreement with King County to  accept  a  Homeland  Security  subgrant  in  the  amount  of  $158,000  for  a  generator  transfer  switch at the Renton Community Center.  Refer to Finance Committee.  h. Fire and Emergency Services Department recommends approval of a sole source contract with  Scott Air Packs in the amount of $133,987 annually through 2014 in order to replace failing Self  Contained Breathing Apparatus (SCBA) gear.  Council concur.  i. Transportation  Systems  Division  recommends  approval  of  a  Fuel  Tax  Grant  Distribution  agreement  to  accept  $1,650,000  from  the  Washington  State  Transportation  Improvement  Board  (requiring  20%  local  match)  for the  Strander  Blvd./SW  27th  St.  Extension  Phase  1,  Segment 2A project.  Council concur.  j. Utility Systems Division recommends approval of CAG‐11‐125, Maplewood Creek and Madsen  Creek Sediment Basin Cleaning Project ‐ 2011, and requests approval of the project, final pay  estimate in the amount of $2,250.71, commencement of a 60‐day lien period, and release of  retained amount of $3,135.14 to Sierra Pacific Construction, contractor, if all required releases  have been obtained.  Council concur.  k. Utility Systems Division recommends amending City Code regarding maintenance of drainage  facilities  on  single‐family  plats  with  public  streets,  and  clarifying  currently  adopted  (ORD  5526) flow control Best Management Practices requirements.  Refer to Utilities Committee.  l. Utility  Systems  Division  requests  approval  of  the  annual  roster  of  consultants  chosen  to  provide General Utility Engineering, Hydraulics/Hydrology, Soils/Geotechnical, Geohydrology,  Plan Review, Construction/Inspection Services, Corrosion Control Services, Critical Areas, Land  Surveying  Services,  Telemetry  and  SCADA  Systems,  Photogrammetry  Services,  and  Environmental Services in 2012, with the option of extending the roster annually in 2013 and  2014 upon department administrator approval.  Council concur.  7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week.  Those topics  marked with an asterisk (*) may include legislation.  Committee reports on any topics may be held  by the Chair if further review is necessary. a. Committee of the Whole:  Boeing 737 Max Program*  b. Finance Committee:  Vouchers  c. Planning & Development Committee:  Title IV (Development Regulations) Docket #7*  8.RESOLUTIONS AND ORDINANCES Resolutions: a. Changing the West Hill Annexation election date to 11/6/2012  (See 6.f.)  b. Supporting the Boeing 737 Max Program (See 7.a.)  Page 2 of 171 Ordinances for first reading: a. Repealing Ordinance No. 5136 regarding shoreline regulations  (See 6.e.)  b. Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)  c. Auto Repair and Sales ‐ Title IV Docket #D‐69 (See 7.c.)  d. Right‐of‐Way Dedication Procedure Streamlining ‐ Title IV Docket #D‐70 (See 7.c.)  e. Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See 7.c.)  f. Administrative Code Interpretations ‐ Title IV Docket #77  9.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 10.AUDIENCE COMMENT 11.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)     COUNCIL CHAMBERS   December 5, 2011  Monday, 5:30 p.m.    2012 State Legislative Agenda; Boeing's 737 Program ‐ Resolution of Support    • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •   CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:  Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM  Page 3 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Bid Opening on 10/12/2011 for CAG-11-133, Strander Blvd./SW 27th St. Extension - Phase 1, Segment 2A Meeting: Regular Council - 05 Dec 2011 Exhibits: Staff Recommendation Bid Tabulation Sheet (12 bids) Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie Walton, City Clerk ext. 6502 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 11,381,158.70 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ 16,564,442 City Share Total Project: $ SUMMARY OF ACTION: Engineer's Estimate: $9,241,338.22 In accordnance with Council procedure bids submitted at the subject bid opening met the following three criteria: There was more than one bid, there were no irregularities with the responsive low bid, and the responsive low bid was within project budget. However, total project costs (including railroad, utility, WSDOT, consultant, and City construction management) total $16,564,442, which is $1,634,254 over the budget. After the bid opening, the Transportation Systems Division applied for and was granted a Tranportation Improvement Board (TIB) grant in the amount of $1,650,000 on 11/18/2011, which included authorization of an additional $1,100,000 to be distributed by the TIB Directior should contingencies be required in the course of the project. Therefore, staff recommends awarding the contract to the responsive low bidder, Guy F. Atkinson Construction, LLC in the amount of $11,381,158.70. The apparent low bid submitted by Scarsella Brothers was ruled unresponsive after staff consulted with the Washington State Department of Transportation's Local Programs and Office of Equal Oppurtunity, and the State Attorney General's office and Federal Highways Progam, because their bid included a Disadvantaged Business Enterprise (DBE) Written Confirmation Document (form #422-031 EF) that was not fully completed. STAFF RECOMMENDATION: Award the contract to the responsive low bidder, Guy F. Atkinson Construction, LLC, in the amount of $11,381,158.70. 6b. ‐ City Clerk reports bid opening on 10/12/2011 for CAG‐11‐133,  Strander Blvd./SW 27th St. Extension, Phase I, Segment 2A, 12 bids; Page 4 of 171 6b. ‐ City Clerk reports bid opening on 10/12/2011 for CAG‐11‐133,  Strander Blvd./SW 27th St. Extension, Phase I, Segment 2A, 12 bids; Page 5 of 171 6b. ‐ City Clerk reports bid opening on 10/12/2011 for CAG‐11‐133,  Strander Blvd./SW 27th St. Extension, Phase I, Segment 2A, 12 bids; Page 6 of 171 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 7 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 8 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 9 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 1 0 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 1 1 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 1 2 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 1 3 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 1 4 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 1 5 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 1 6 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 1 7 o f 1 7 1 6 b .   ‐   C i t y   C l e r k   r e p o r t s   b i d   o p e n i n g   o n   1 0 / 1 2 / 2 0 1 1   f o r   C A G ‐ 1 1 ‐ 1 3 3 ,   S t r a n d e r   B l v d . / S W   2 7 t h   S t .   E x t e n s i o n ,   P h a s e   I ,   S e g m e n t   2 A ,   1 2   b i d s ;   P a g e 1 8 o f 1 7 1 6b. ‐ City Clerk reports bid opening on 10/12/2011 for CAG‐11‐133,  Strander Blvd./SW 27th St. Extension, Phase I, Segment 2A, 12 bids; Page 19 of 171 6b. ‐ City Clerk reports bid opening on 10/12/2011 for CAG‐11‐133,  Strander Blvd./SW 27th St. Extension, Phase I, Segment 2A, 12 bids; Page 20 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 2012 Lodging Tax Allocations Meeting: Regular Council - 05 Dec 2011 Exhibits: Contract with Renton Chamber of Commerce for Renton Visitors Connection Tourism Marketing Contract with Saunderson Marketing Group for Community Marketing Group Lodging Tax Advisory Committee report Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Alex Pietsch (x 6592) Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ 270000 Transfer Amendment: $ Amount Budgeted: $ 265000 Revenue Generated: $ Total Project Budget: $ 270000 City Share Total Project: $ SUMMARY OF ACTION: On November 21, 2011, the Lodging Tax Advisory Committee met to consider allocations of lodging tax funds for tourism related marketing expenditure in 2012. It recommends that the City Council should allocated a total of $205,000 as follows: l $120,000 to the Renton Visitors Connection for its tourism promotion campaign; l $80,000 to the Renton Community Marketing Campaign for its annual marketing efforts: and l $5000 to the City of Renton Department of Community Services to print additional copies of its popular South King County Trails Map. A contract with the Renton Chamber of Commerce to administer the Renton Visitors Connection's tourism promotion activities is also presented for consideration as is a contract with the Saunderson Marketing Group to assist with the Renton Community Marketing Campaign is its efforts. Finally, in accordance with RMC 2-16, the City Council is asked to review and appoint the membership of the Lodging Tax Advisory Committee. Mayor Law has selected Councilmember Marcie Palmer to serve as the Chair of this Committee to replace retiring Councilmember King Parker. The remaining four members of the Committee are willing to continue to serve. They include Bill Taylor, Renton Chamber of Commerce CEO, Preeti Shridhar, City Communications Director, Kathy Madison and Brent Camann, both representatives of the Renton hotel industry. STAFF RECOMMENDATION: Concur with the recommendations of the Lodging Tax Advisory Committee and authorize the Mayor and City Clerk to sign the related contracts, and appoint Marcie Palmer to the Lodging Tax Advisory Committee. 6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 21 of 171 RENTON CHAMBER OF COMMERCE  2012 Renton Visitor’s Connection Plan and Budget The Renton Chamber of Commerce is a Destination Marketing Organization for Renton and performs certain marketing functions to attract visitors. It operates a Visitor’s Center to accommodate visitor informational needs. It is likely that the Chamber will be in a new facility in 2012 and so the scope of work for the year 2012 may be changed during the year but in any case will and may not be limited to: ~ Visitor’s Guide ~ Is produced and distributed throughout the Pacific Northwest, featuring Businesses, Attractions, Activities, Events and general information about Renton to attract visitors. In 2012, 50,000 guides will be produced consisting of 32 pages and distributed in 553 Certified locations throughout Washington and British Columbia. In addition, the Renton Visitors Guide will be in 7 locations at SEATAC Airport as well as the Seattle/King County Visitors Bureau, Cruise Ship Terminal and the Boeing Tour Center in Everett. ~ GoRenton.com Web Site ~ Receives 38,000 hits a week from 50 states and 127 countries. The most frequently visited pages on the web site are: Live Web Camera, Play, Stay, Dine, Return to Renton Car Show and Farmers Market. In 2012 there will be further improvements made to the site to feature a new Visitors Center and enhance the experience on the web site. ~ AAA Western Magazine ~ We will utilize this magazine to acquaint readers with and offer Renton as a hub for activities in the Seattle market. We will also feature “Park & Fly” options offered by Renton lodging facilities. ~ Radio Advertising ~ Builds top-of-mind awareness about Renton as a hub location when visiting the Seattle area and will feature “Park & Fly” options available at Renton lodging facilities. In 2012, there will be radio spots in Vancouver BC, Spokane, Tri-Cities, Portland, Yakima and North Central Washington markets generating. Ads will run in April through October and will feature proximity to Seattle, events, destination retail, lodging, activities, attractions and dining. 6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 22 of 171 RENTON CHAMBER OF COMMERCE  ~ Visitor’s center and Chamber fulfillment ~ The Chamber facility serves as a Visitor’s Center and will likely be in a new facility in 2012. If that facility is in downtown Renton, it will be open a few Saturdays and/or Sundays. The staff performs functions to serve existing and potential visitors to Renton; plans, implements, buys and manages the visitor’s advertising and marketing programs; coordinates programs for the Visitor’s Connection; and is the organizing and communication agency for lodging properties and other participating tourism businesses. Among the functions performed are:  Referring inquiries to businesses.  Greeting and serving walk-in visitors.  Maintaining and answering a toll free telephone number.  Printing promotional material.  Mailing information in response to requests.  Responding to publicity and media leads.  Distribution of advertising and promotional material.  Participating in regional and state tourism activities.  Maintenance of printed material on display to visitors.  Visitor’s web site hosting and maintenance.  Design and placement of advertising.  Design, printing and distribution of Visitor’s Guide  Visitor research. ~ Visitor Oriented Events ~ In 2012 the Chamber will begin the process of developing one or more new events Downtown to attract visitors. ~ China Tourism ~ It is the objective of the Chamber to be the entry destination of choice to visitors from Linyi City China. Renton is the only Friendship City of Linyi in America and with a population of 11 million it could represent a significant influx of visitors and spending. 6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 23 of 171 2010 # Re n t o n L o d g i n g S a l e s $ 2 0 , 2 9 9 , 2 5 5 1 8 We n a t c h e e L o d g i n g S a l e s $ 1 8 , 3 6 6 , 9 7 7 2 4 Ke n t L o d g i n g S a l e s $ 1 4 , 0 7 2 , 0 6 8 2 1 Le a v e n w o r t h L o d g i n g S a l e s $ 1 8 , 4 4 9 , 4 9 2 3 6 $0 $5 , 0 0 0 , 0 0 0 $1 0 , 0 0 0 , 0 0 0 $1 5 , 0 0 0 , 0 0 0 $2 0 , 0 0 0 , 0 0 0 $2 5 , 0 0 0 , 0 0 0 $3 0 , 0 0 0 , 0 0 0 $3 5 , 0 0 0 , 0 0 0 20 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0 Re n t o n  Lo d g i n g  Sa l e s We n a t c h e e  Lo d g i n g  Sa l e s Ke n t  Lo d g i n g  Sa l e s Le a v e n w o r t h  Lo d g i n g  Sa l e s $0 . 0 0 $2 0 0 , 0 0 0 . 0 0 $4 0 0 , 0 0 0 . 0 0 $6 0 0 , 0 0 0 . 0 0 $8 0 0 , 0 0 0 . 0 0 $1 , 0 0 0 , 0 0 0 . 0 0 $1 , 2 0 0 , 0 0 0 . 0 0 Re n t o n  Lo d g i n g ‐ 18 We n a t c h e e Lo d g i n g ‐24 Ke n t  Lo d g i n g ‐21 L e a v e n w o r t h Lodging ‐36 20 1 0  AV E R A G E  SA L E S  PE R  PR O P E R T Y 6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 24 of 171 VISITORS GUIDE CERTIFIED FOLDER INC. DISTRIBUTION – 40,000 COPIES, 50,000  in 2012       Seattle Airport      7 locations   Bellingham/I‐5    176 locations   Spokane     179 locations   Vancouver WA/I‐5           70 locations   Yakima & Tri‐Cities    110 locations   BC Ferries Victoria to Vancouver   BC Ferries Nanaimo to Vancouver Rte. 2   BC Ferries Nanaimo to Vancouver Rte. 30   Washington State Ferries Pier 52   Washington State Ferries Seattle/Bainbridge   Washington State Ferries Coho Ferry Program   Pt. Angeles/Victoria Ferry   Seattle/Bainbridge 9 second digital ad   Pier 52 Terminal 9 second digital ad   Boeing Tour Center   Seattle Cruise Ship Terminal      6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 25 of 171 2012 Renton Visitors Connection Budget 2012 Print AAA Western $5,000 Total print $5,000 Radio Vancouver BC $8,000 Spokane $8,000 Yakima $6,000 Tri-Cities $6,000 Portland $8,000 Wenatchee $6,000 Seattle-KIRO $10,000 Total Radio $52,000 Production $1,500 Visitors Guide - 50,000, up 10,000 Distribution $8,407 Freight $538 Design $2,500 Printing $7,655 Total Visitors Guide $19,100 Web DSL $768 Hosting $275 Total Web $1,043 Misc Meetings $450 Seattle VCB $610 Total Misc. $1,060 Fullfilment Chamber $40,000 Total fullfilment $40,000 Total budget $119,703 RVC Management , Memberships, FAM activities, Publicity/Media,Postage, Printing, Events/meetings, Receptionist/referrals, Toll free number , Advertising & promotion management, Media placement 6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 26 of 171 1 CONSULTANT AGREEMENT THIS AGREEMENT is made as of the day of , 2011, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as “CITY” and Saunderson Marketing Group, hereinafter referred to as “CONSULTANT”, for their services related to the City of Renton’s Marketing Campaign. Information shall be made available for use by the City of Renton Staff and City Council. The CITY and CONSULTANT agree as set forth below: 1. Scope of Services. The Consultant will provide all labor necessary to perf orm all work, which is described in the attached Scope of Services (Exhibit A). This Agreement and Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by written agreement of the parties. The scope of work may be amended as provided herein. 2. Changes in Scope of Services. The City, without invalidating the Consultant Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the work shall be authorized by written agreement signed by the City and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, the consultant will not proceed without a written change order from the City. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. The Consultant shall complete performance of the Consultant Agreement for the items under Consultant’s control in accordance with Exhibit A. If items not under the Consultant’s control impact the time of performance, the Consultant will notify the City. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A, but no later than December 31, 2012. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Consultant. 5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of $102,000. Washington State Sales Tax is not required. The Cost Estimate provided by the Consultant to the City specifies total cost. 6. Method of Payment. Payment by the City for services rendered will be made after a voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. 6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 27 of 171 2 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant’s proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to the City, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant’s own employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. 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 contractor and the city, its officers, officials, employees and volunteers, the contractor’s liability hereunder shall be only to the extent of the contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor’s waiver of immunity under the Industrial Insurance Act, 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. 10. Insurance. The Consultant shall secure and maintain commercial liability insurance in the amount of $1,000,000 in full force throughout the duration of this Consultant Agreement. It is agreed that on the CONTRACTOR’s policy, the City of Renton will be named as Additional Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary & Non-Contributory Additional Insurance Endorsement page, properly endorsed, shall be delivered to the City before executing the work of this agreement. Please note: The cancellation language should read “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left.” 11. Independent Contractor. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this agreement, shall be considered employees of the Consultant only and not of the City. The Consultant’s relation to the City shall be at all times as an independent contractor. Any and all claims that may or might arise under the Workman’s Compensation Act on behalf of said employees, while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant’s 6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 28 of 171 3 employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. 12. Compliance with Laws. The Consultant and all of the Consultant’s employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. Discrimination Prohibited: Consultant, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. This agreement is entered into as of the day and year written above. CONSULTANT CITY OF RENTON ____________________________ _________________________ Saunderson Marketing Group Denis Law, Mayor 304 N 36th Street, Suite C Seattle, WA 98103 (206) 282-6858 APPROVED AS TO FORM: ATTEST: _____________________________ ___________________________ City Attorney Bonnie I. Walton, City Clerk 6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 29 of 171 6c. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Committee Page 30 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 2012 State Legislative Agenda and Statement of Policy Positions Meeting: Regular Council - 05 Dec 2011 Exhibits: 2012 State Legislative Agenda 2012 Statement of Policy Positions Committee Report Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Suzanne Dale Estey (x6591) Recommended Action: Refer to the Committee of the Whole Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ Amount Budgeted: $ N/A Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Prior to each state legislative session, the City Council considers documents which summarize the City’s positions on state issues. The State Legislative Agenda and Statement of Policy Positions serve as guidance for City staff as it works with the Legislature to achieve the City’s goals. STAFF RECOMMENDATION: Adopt the 2012 State Legislative Agenda and Statement of Policy Positions as proposed. 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 31 of 171 DRAFT DRAFT BASIC PREMISES The City of Renton’s positions on state legislation are guided by basic premises established by the Renton City Council over many years. These include the need to provide local elected officials maximum flexibility in addressing community needs; strong opposition to new or expanded mandates on local governments without adequate funding to support these programs, as required by State law (RCW 43.135.060); and the importance of maintaining local control, especially in areas such as local government taxation and financing, rights-of-way management and land use and zoning matters. Additionally, during a time of ongoing economic uncertainty, Renton asks lawmakers to maintain basic services such as public safety and criminal justice, and to be mindful of the impact to local communities of cuts to health and human services programs such as mental health and health care. With a recognition that the State already addressed a 2011-2013 Operating Budget shortfall of nearly $6 billion and faces an additional shortfall of up to $2 billion for 2013-2015, the City is not making any new funding requests from the State’s operating budget. The City urges lawmakers to protect “state-shared revenues” to the maximum extent possible, and to avoid further cuts to programs that are key to public safety, including auto theft prevention grants and law enforcement academy funding. Renton also asks the Legislature to consider creative approaches to providing cities with additional efficiencies, cost-savings and flexibility. Renton will consider support for regulatory reform, easing liability burdens and legislation to reduce or eliminate unnecessary mandates. PRIORITY ISSUES Transportation Solutions Renton continues to face major challenges with traffic congestion that comes with being at the crossroads of Interstate 405, Highway 167 and several other state highway corridors. This creates slowdowns that stifle the efficient movement of people and goods through the City, resulting in severe economic, family and quality of life impacts. Addressing these transportation needs can help not only with enhancing freight movement but also with job creation and economic vitality. The City asks legislators to remember that the I-405/SR 167 interchange remains one of the most congested interchanges in the state and that I-405 from Renton to Bellevue remains the most congested corridor in the state. Renton supports the multi-stakeholder “Transportation Partnership” request that the 2012 Legislature enact a new transportation investment package. The City requests that the core missions of “fixing the worst first” and finishing started projects such as I-405 help guide investment decisions. An investment package should address not only the state highway system but key needs such as local roadways, freight mobility, transit and incentive-driven programs such as Commute Trip Reduction (CTR). In the 2012 Legislative Session, the City of Renton will: ·Support additional authorization of managed lane approaches to funding I-405/SR 167 needs from Puyallup to Lynnwood: The City played a key role in 2011 in helping with the passage of EHB 1382, which authorizes a tolling and managed lanes program on I-405, although it had a requirement that the State first commission an independent study of financing and operational questions before any tolling can be initiated. The City will continue to advocate for construction of additional toll lanes or managed lanes, as well as the exploration of additional alternative funding mechanisms, that can help add desperately-needed capacity to the I-405 corridor. While the HOT lanes will be north of Bellevue, Renton will advocate for capacity additions and improvements as soon as possible at the I-405/SR-167 “Connector,” as well as the two lanes of additional capacity on I-405 northbound and southbound between Renton and Bellevue. It is critical to synchronize tolling implementation specific improvements for those areas about to be tolled. ·Investments in key state and local projects, freight mobility and transit: As the Legislature and the “Connecting Washington” Task Force, with the support of the Transportation Partnership, consider a possible comprehensive transportation revenue package in 2012, Renton asks lawmakers to support key needs, including: o I-405/SR 167 Connector and additional lanes northbound and southbound between Bellevue to Renton, as well as specific upgrades to the I-405/NE 44th Street interchange o $3 million for the NE Sunset Boulevard Corridor Improvements Project (SR-900) o Dedicated freight mobility funding that would allow the Freight Mobility Strategic Investment Board (FMSIB) to award $5 million for the SW 27th Street/Strander Boulevard Improvements Project between Renton and Tukwila o Direct distribution funds for local needs; local funding options; enhanced funding for the Transportation Improvement Board (TIB) grant programs; and additional funding for transit and Commute Trip Reduction (CTR) o Funding for the “Complete Streets” grant program established in ESHB 1071 in 2011. This program helps cities to make transit- and pedestrian-friendly investments along state corridors that run through local communities. Fiscal Stability Renton, like many other cities around the state, was forced to make major budget reductions during the economic recession while still keeping core services intact. Through several cycles of cuts, the City reduced its general fund spending 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 32 of 171 City of Renton 2012 State Legislative Agenda by millions of dollars, instituted furlough days for employees, and reduced its work force by 14% to balance its 2009-2012 budgets, despite growing its population by one-third since 2008 (82% growth from 2000-2010). Additionally, Renton and other areas of South King County have faced significant impacts from state budget cuts to human and social service programs, given the high percentage of families who are at or below the poverty line, have children on reduced or free-lunch programs, and are heavy users of state programs for low-income and vulnerable citizens. With these major fiscal challenges in mind, Renton asks for the State Legislature’s help in preserving key state revenue sources and current taxing authorities. In the 2012 Session, the City of Renton will: ·Team up with the Association of Washington Cities (AWC), counties and other local governments to protect state-shared revenues that are vital to cities: Renton asks legislators to refrain from cutting the very local revenues that help cities maintain a commitment to public safety and assist with social services needs – which are growing due to state cutbacks. Municipal Criminal Justice Assistance funds, Streamlined Sales Tax (SST) mitigation payments, auto theft and sex offender address verification funds, and other state revenues, are critical to cities such as Renton. While the City is still assessing the impact of the passage of Initiative 1183, the elimination of liquor profits and excise taxes would result in a reduction to Renton of approximately $1.1 million per year. ·Strongly oppose the elimination of or reductions to the Annexation Assistance/Sales Tax Credit program and strongly support legislation to provide long-term assurance of this funding: The elimination of the Annexation Sales Tax Credit program would have severe implications for Renton, causing Renton to address an additional budget gap of $1.4 million for 2012 and $2.1 million per year for 2013 and beyond for the Cascade-Benson annexation alone. The City annexed the Cascade/Benson area based on a 10-year commitment made by the state to its partners in local government. Renton believes that in order to carry out the objectives of the state Growth Management Act and to keep making progress at improving the economic conditions in the area, the annexation sales tax credit program is critical. It is not a permanent tool, and it only helps with operating costs, and it will only last for the 10-year period. Regarding West Hill/Skyway, in August 2010, the Renton City Council voted to place on the February 2012 ballot the annexation of the West Hill/Skyway area between Renton and Seattle. The West Hill/Skyway area is struggling with business closures, severe public safety and educational challenges, and deficient infrastructure. Even with the state sales tax credit, a gap of several million dollars per year must be closed, but the City is continuing to explore ways to close the gap. The elimination of the state sales tax credit for annexations would make it impossible for the City to annex this area without significantly impacting service levels to the City’s current residents, regardless of the outcome of the upcoming election. The City will also strongly support legislation to provide cities additional assurances of sustainability for the full life of this critical 10-year program. Economic Development and Infrastructure Funding The City of Renton supports policies that help retain and create jobs and increase economic opportunity. Investing in infrastructure that addresses core community needs, and lays the groundwork for economic development continues to be a high priority for the City. Renton will work with the Washington Economic Development Association, the Association of Washington Cities and a coalition of other key stakeholders on options to address community needs and enhance its business retention and recruitment efforts. In the 2012 Legislative Session, the City of Renton will seek support for: ·Sunset Area Community Investment and Revitalization: Adopted by the Renton City Council in the fall of 2009, the Sunset Area Community Investment Strategy was developed with the Renton Housing Authority (RHA), the Renton School District (RSD) and the community as a roadmap for revitalization of this area, a neighborhood of concentrated poverty but also significant market potential. The Sunset Area emerged in the early 1940s when over 3,000 modest homes were built to house workers at manufacturing plants supporting World War II. In recent decades, the economic health of the area has severely declined. Currently more than one third of the households in the neighborhoods, primarily elderly individuals and immigrant families, live in poverty. More than two-thirds of the children enrolled in Highlands Elementary qualify for the free or reduced lunch program, 40% have limited English proficiency, and violent crimes have increased in the neighborhood to 2½ times the rate of the rest of Renton. By working together with RHA, RSD and other partners, the City hopes to revitalize the Sunset Area by making better use of underutilized land, redeveloping the existing public housing, creating more housing options, upgrading public infrastructure, improving pedestrian linkages and enhancing community services and amenities. In 2011, the City Council adopted a Sunset Area Planned Action/Environmental Impact Statement to help facilitate redevelopment and encourage private and public investment in the Sunset Area. This work specifically supports the redevelopment of the Sunset Terrace public housing community, including the development of new affordable and 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 33 of 171 City of Renton 2012 State Legislative Agenda market-rate housing, a new library and other public amenities on the Sunset Terrace property, as well as other public and private investments elsewhere in the Sunset Area. The City has invested over $1.5 million for infrastructure needs in the area and is dedicated to working with RHA, RSD and others to secure additional funding to revitalize the area. The City of Renton strongly supports RHA’s continued pursuit of federal, state and King County funding for the Sunset Terrace redevelopment project, which will act as a catalyst for further redevelopment in the Sunset Area. The City is also seeking $3 million in transportation funding for safety and pedestrian improvements for the NE Sunset Boulevard Corridor Improvements Project (SR-900), stormwater funding through adopted grant programs; and if a capital budget “Jobs Package” is developed, the City would pursue $500,000 for the Hillcrest Inclusive Playground, an accessible playground in this community that will serve the region. Public Safety One significant side effect of the State’s recessionary economy is the increased pressure and stress it puts on families, and the additional public safety challenges this poses. Renton is dealing with these challenges not only in terms of Part I crimes, but in terms of increased incidences involving potential gang activity. The gang-induced shootings in Kent in July 2011 amplified the need for new tools to combat the presence of gangs and the criminal activities they perpetrate and moreover, the need for comprehensive approaches to preventing youth violence. Renton believes a key ingredient in addressing gangs must lie with intervention and prevention to help troubled young adults and keep them from heading down a path of gang membership and violence. In the 2012 Session, the City of Renton will: ·Support gangs prevention legislation: Renton believes that in addition to penalties, intervention and prevention strategies must be an integral component of addressing gang violence. Renton will work in coalition with communities across the state in support of new tools, including reliable and dedicated funding, to combat gang violence. Strengthening the Aerospace Industry As the first city to join the Aerospace Futures Alliance (AFA), a founding member of the Washington Aerospace Partnership (WAP), and as a funder of the aerospace competitiveness study being commissioned by the WAP, Renton strongly supports efforts to strengthen the aerospace industry across Washington and increase jobs in this important sector. Renton’s highest economic development priority is to make every effort, at the local, regional, state and federal levels to ensure the 737 MAX re-engined airplane is assembled in Renton. Renton appreciates the significant efforts made by the 2011 Legislature to assist The Boeing Company and other key aerospace companies with workers’ compensation and unemployment insurance reform. Looking ahead, the City strongly supports aerospace policy and funding efforts that involve expanding and strengthening workforce development, training and education, including action items following the WAP’s Aerospace Competitiveness Study such as expanding the Launch Year program and increasing engineering and aerospace mechanic training capacity; tax policies that encourage the growth and long-term health of the industry, including the extension of the pre-production aerospace tax incentive; improving transportation infrastructure; and addressing rapidly increasing health care costs. Renton has been proud to be the home of The Boeing Company for 70 years. The first commercial jet, the Boeing 707, was made in Renton, and the best selling jets in history have been assembled in Renton ever since. Renton is now home to three of the company’s six business units: Boeing Commercial Airplanes, Boeing Capital and Boeing’s Shared Services Group. Boeing’s Renton 737 operations account for nearly $7 billion (2.7%) of Washington’s Gross State Product, 10.7% of the state’s exports abroad and over 45,000 direct and indirect jobs. Renton is also the home of a diverse array of aerospace suppliers and a municipal airport that can be utilized to address Boeing’s expansion needs. The City is delighted by Boeing’s current increase in production of the successful 737 Next Generation jetliner from the current 31.5 planes per month to 42 planes per month by the second quarter of 2014. Renton will continue to support legislation that enables Boeing and other aerospace companies to thrive. 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 34 of 171 DRAFT DRAFT 1 City of Renton 2012 State Legislative Agenda and Statement of Policy Positions The City of Renton’s 2012 State Legislative Agenda and Statement of Policy Positions are divided as follows: 1.The 2012 State Legislative Agenda includes PRIORITY ISSUES – items Renton will devote its highest level of advocacy toward achieving. These are outlined in a separate folio handout . 2.The 2012 Statement of Policy Positions – SUPPORT/OPPOSE – items Renton considers important. The City will use time and effort and join others in supporting beneficial measures or opposing those which would have an adverse impact. 3.The 2012 Statement of Policy Positions – TRACK/MONITOR – issues the City will track and monitor. As these issues evolve, the City may involve itself to a greater degree if necessary. 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 35 of 171 DRAFT DRAFT 2 City of Renton 2012 Statement of Policy Positions Criminal Justice/Courts/Jails/Law Enforcement SUPPORT/OPPOSE ·Protect criminal justice, law enforcement and courts funding: Renton will work closely with other local agencies, law enforcement organizations and courts organizations to protect operating budget funding for key criminal justice, law enforcement and courts priorities. These include municipal criminal justice, auto theft prevention, law enforcement academy training, sex offender address verification, public defense and court interpreters. ·Traffic Safety Cameras – oppose pre-emption of local authority: Cities may see legislation in 2012 that would limit the fines a local government may collect as part of any traffic safety camera program – and could possibly dictate other operational aspects of the programs. Traffic safety cameras have had an enormous impact on reducing the number of vehicles speeding through school zones. Local trends show that the number of violations occurring in the City’s three school zones decreased by 30% from 2008 to 2010. Renton will join others in opposing pre-emption of local authority and work with other jurisdictions on proposing sensible clarifications of existing law. ·Vehicle Prowls – Cracking Down on Repeat Offenders: Renton will support SSB 5154 to increase the penalty for repeat vehicle prowl offenders to a felony. Vehicle prowls are becoming a more significant issue for Renton, particularly given the success the city and others have had in reducing automobile theft. ·Support legislation to add clarity and certainty for local jurisdictions regulating any future “collective gardens” for medical marijuana users: Renton will support legislation that clarifies and reinforces local government authority to condition and ban the establishment of “collective gardens” for medical marijuana users. ·Support legislation to protect public records related to the locations of home-alarm and neighborhood crime watch information: Renton will support efforts by the Washington Association of Sheriffs and Police Chiefs (WASPC) to protect the privacy of these sensitive records, which was attempted through ESHB 1234 in 2011. ·Support the establishment of a statewide electronic database for scrap metal transactions, and strengthened penalties for metal theft: Renton will support legislation that strengthens penalties for metal theft. Additionally, if 2012 legislation is brought forward to establish an industry-financed statewide database to track scrap metal transactions, Renton will support such an initiative. ·Allowing Municipal Courts to process civil warrant abatements for outdoor public nuisance violations: Renton will support this legislative initiative being put forth by the City of Spokane. ·Funding for medical costs incurred by jail offenders: Renton will support efforts by AWC and others to obtain assistance. 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 36 of 171 DRAFT DRAFT 3 TRACK/MONITOR ·Schools mapping: Renton will track efforts by the Washington Association of Sheriffs and Police Chiefs to obtain additional state funding for the mapping of K-12 schools and higher education institutions for emergency preparedness purposes. ·Requiring Municipal Courts to take on Anti-Harassment Orders (AHOs) and Domestic Violence Protection Orders (DVPOs): If legislation arises to turn this local-discretion authority into a requirement for Municipal Courts, Renton will track it. ·Weapons restrictions: Renton will track efforts to enact state restrictions on weapons usage, sales and storage. Economic Development/Infrastructure/Parks & Recreation/Housing/Arts & Culture SUPPORT/MONITOR ·“Jobs” Package within the Capital Budget: Renton is prepared to support a potential jobs-and-infrastructure package if the 2012 Legislature looks at creating one through the Capital Budget. As details emerge, Renton will closely review the categories and financing sources of any such proposal. ·Tax-Increment Financing (TIF), Local Revitalization Financing (LRF): Renton has been fortunate to successfully compete for matching state funding of two local economic revitalization projects through the LRF program. The City will strongly support a legislative initiative to create a more robust and ongoing “TIF” tool in state law, or, failing that, the reauthorization of the LRF program. ·Public Works Trust Fund (PWTF), Washington Wildlife, Recreation & Parks Program (WWRP): Renton will support efforts by local governments, contractors, water-sewer districts, and others to ensure the PWTF is protected to the maximum extent possible. Similarly, the City will join others in working to protect WWRP funding. WWRP is vital in assisting local parks agencies with funding for local parks and trails, water access projects, and more. ·Funding for Affordable Housing: Renton will support efforts to pass ESHB 2048 to provide stable and expanded funding for homelessness and low-income housing assistance and efforts to preserve funding for the Housing Trust Fund (HTF) and the Transitional Housing, Ownership and Rental assistance (THOR) program. The Housing Trust Fund helps construct affordable housing, leverages other resources and provides a critical catalyst for investment and job creation that helps stimulate the economy. ·Impact Fees Waiver for Affordable Housing: Renton will support legislation, including HB 1398/SB 5524, to no longer require waived impact fees for affordable housing development projects to be paid for from other public funds. Current law has made such waivers too prohibitive. ·“Healthy & Sustainable Communities” Initiative: Renton has been involved in the development of a Healthy & Sustainable Communities initiative among representatives of parks and recreation, Realtors, cities and counties, public health entities, the American Heart Association, the Obesity Coalition, environmental groups, farmers market leaders and others. The initiative calls for maintained funding of several operating, capital and transportation budget programs such as public health, community recreation, WWRP and Safe Routes to School, food and nutrition programs that help people stay active and healthy, make more efficient use of the “built environment,” and hopefully help to reverse the obesity epidemic that leads to increased heart disease, coronary problems and diabetes. 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 37 of 171 DRAFT DRAFT 4 TRACK/MONITOR ·“Harmonizing” the allowable uses of the first and second one-quarter percent for Real Estate Excise Tax (REET): While it is not expected that any 2012 legislative initiatives will surface in this area, Renton would support any legislation that allows the same broad set of uses for the second one-quarter percent of REET that is already authorized under state law for the first one-quarter percent of REET. Education/Workforce Development SUPPORT/OPPOSE ·The City supports fulfillment of the State’s “paramount duty” to fully fund basic education costs including transportation, building and utility costs, fully fund six-period high school days so students can meet graduation requirements within four years, fully fund all-day kindergarten for at risk students, and begin implementation of funding the prototypical school formula components identified by the Quality Education Committee. In 2010, the Legislature approved HB 2261, HB 2776 and SB 6696, which all made important commitments in basic education reform policy. The City supports efforts to follow through with the scheduled funding, while also protecting current education funding. During these challenging economic times, the City supports school district leaders’ requests to repeal or delay unfunded and partially funded mandates that could relieve districts of pressure in order to allow them to continue to focus on student learning. ·The City recognizes that its success increasingly depends on an educated and flexible workforce for all of its employers, public and private alike. Employers need well educated and highly skilled employees to grow and thrive. Because all students must be prepared to enter the globally competitive workforce, the City supports efforts to adequately fund education reform and to preserve funding for higher education. The State’s investment should: o Further strengthen accountability – measurable performance should be ensured at all levels of education. o Attract and retain quality teachers and address the shortage of educators in the fields of mathematics, science, special education, early learning and bilingual studies. o Create a more competitive workforce by expanding funding for FTE enrollment at all levels of higher education and prioritizing offerings toward jobs and industries of the future and high-demand fields. o Maintain state need grants and strive for affordability for all students o Encourage stronger coordination of workforce development between K-12 and post-secondary education entities and base targets on employer and economic demands. Employee Services Issues/LEOFF/PERS SUPPORT/OPPOSE ·Oppose pension enhancements that add new costs – and fully fund pension responsibilities: Renton will follow the lead of the AWC in opposing pension enhancements that would add new costs to local governments, while at the same time urging the state to fully fund existing pension responsibilities. ·Reforms to better manage personnel and labor costs: Renton will support initiatives put forth by AWC and others to help better manage personnel and labor costs. ·“Presumptive disease” for police: If 2012 legislative initiatives are brought forward to expand the 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 38 of 171 DRAFT DRAFT 5 reach of “presumptive disease” laws to police employees and spouses of police employees, it will present cost impacts and concerns for Renton. The City will work through AWC in this area. Environmental Issues/Utilities/Water/Stormwater SUPPORT/OPPOSE ·New Municipal Stormwater Permit: The Department of Ecology is preparing a new National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit to be issued in June 2012. Renton will work with others to ensure any new permit requirements are reasonable and affordable, and do not conflict with other state goals related to growth management and economic development. ·Puget Sound Action Agenda/Puget Sound Salmon Recovery Plan: The City will support efforts by the Puget Sound Partnership and King County Water Resource Inventory Areas to establish dedicated funding to implement the Puget Sound Action Agenda and the Puget Sound Salmon Recovery Plan. ·Stormwater Funding: Renton will continue to support efforts to help cities more reliably fund National Pollutant Discharge and Elimination System (NPDES) Phase II stormwater obligations, very costly requirements of the Clean Water Act. Funding for stormwater is a key to meeting the federally-mandated, state-administered requirements. The City will also join AWC and others in working to ensure that any stormwater monitoring requirements come with adequate funding to implement them. ·Water Rights Fees: Renton understands the Department of Ecology’s need for reasonable fee increases to operate its Water Resources Program and process water rights requests. However, the City will join others in opposing legislation that goes beyond cost-of-service and does not equitably spread any proposed charges among all user groups. TRACK/MONITOR ·Extending the current “Product Stewardship” program to prescription and pharmaceutical drug disposal: The Legislature established the Product Stewardship as a manufacturer-financed program to allow for the environmentally safe disposal of products such as electronics and lights that contain mercury. King County Solid Waste and others have been proposing an expansion of the program to include prescription and pharmaceutical drug disposal. Renton will track these efforts. Fire Prevention and Emergency Services SUPPORT/OPPOSE ·Emergency Medical Service (EMS) levy renewals: If Fire Chiefs bring forward 2012 legislation to allow EMS levies to be renewed with a 50 percent plus one voter-approval threshold (vs. the current 60 percent), Renton will support the effort. ·Oppose any budget-balancing proposal that would require new licensing fees for Emergency Medical Technicians (EMTs): Renton and other fire agencies opposed and headed off this proposed unfunded mandate when it was proposed in prior legislative sessions. The City would continue to join other local fire agencies in opposing such a proposal. TRACK/MONITOR 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 39 of 171 DRAFT DRAFT 6 ·North Bend Fire Training Academy upgrades: Renton will track any efforts to obtain additional capitalfunding for the Fire Training Academy in North Bend. ·Technical fixes to “no-man’s land” legislation: Renton will track an expected 2012 technical fix efforton the “no-man’s land” legislation that specifies how fire agencies will respond to fires and emergenciesin areas that are outside of corporate or Urban Growth Area boundaries. Fiscal Issues SUPPORT/OPPOSE ·Oppose unfunded mandates, legislation that erodes local authority and/or legislation that erodes local tax revenue: This is an annual staple of the City’s Legislative Agenda and directly relates to the “basic premises” upon which the annual Legislative Agenda is built. ·Legislation to clarify that state and local sales tax exemptions for “local phone service” were not meant to include cellular phone service: Renton will strongly support an expected legislative fix to this issue, which has arisen through the Sprint case that is proceeding through the judicial process. ·Support legislative changes to help local governments operate more efficiently and reduce costs: The Association of Washington Cities (AWC) and the Washington State Association of Counties (WSAC) are proposing to the Governor and Legislature a series of ideas to help local governments operate more efficiently, reduce or delay cost impacts or relieve cost burdens altogether. One example is expected legislation to reduce costly duplication within the State Environmental Policy Act (SEPA). Renton will support these efficiency and cost-reduction efforts. ·Oppose countywide utility tax authority, but support unincorporated area utility tax: For many years, King County and other counties have been pursuing legislation to provide counties some of the utility taxing authority that is currently granted only to cities. A countywide utility tax would result in a “double tax” on city residents who already pay this tax, and Renton would thus oppose it. However, the City will support any legislative initiative to establish unincorporated area utility tax authority for counties, particularly if a portion of the revenue is dedicated to assisting with the transition costs for the annexation of urban unincorporated areas. TRACK/MONITOR ·Efforts to restrict business license authority and “centralize” the collection of municipal B&O taxes at the state level: Renton joins AWC and others in opposing efforts to restrict the business licensing authority of cities. Meanwhile, the Governor’s Office may propose a new initiative to centralize the collection of municipal B&O taxes at the state level. Renton does not impose a local B&O and thus will simply track this effort. 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 40 of 171 DRAFT DRAFT 7 General Government SUPPORT/OPPOSE ·Protecting bidding laws and contracting authority: Renton will join other local governments in working to protect local government authority in contracting and bidding laws. ·Public records cost recovery: Renton strongly supports the public’s right to obtain public records related to local government operations, and strives to comply with the law in a very transparent manner. However, the City is concerned about the mounting costs from some voluminous records requests, especially in areas such as public safety and criminal justice where the City has had to hire staff dedicated solely to processing these requests. Renton would thus support legislation to better enable local agencies to recover the costs associated with certain large and complex records requests. TRACK/MONITOR ·Limiting local government liability: Renton will monitor legislative efforts to limit local government liability, for example, by addressing current “joint and several” liability laws that are far-reaching in scope. Growth Management/Land Use and Permitting SUPPORT/OPPOSE ·Reduce duplication/overlap within SEPA: Renton will support a 2012 legislative initiative that seeks to reduce the duplication and overlaps within substantive provisions of the State Environmental Policy Act (SEPA) and land use codes that already provide targeted environmental and natural resources protections. ·Pre-emption local siting of small alternative energy facilities: Renton will join AWC, counties and other local agencies in opposing any legislation that would seek to pre-empt local authority over the siting of small alternative-energy facilities. ·Local zoning control over location of mini-casinos: Renton will support legislation to explicitly clarify cities’ authority to zone the location of mini-casinos and to grandfather in existing zoning restrictions. TRACK/MONITOR ·Timing of when impact fees are collected: Renton will track legislation likely to be brought forth by the Master Builders Association which attempts to mandate that impact fees for residential housing developments be collected at the time of sale or closing on homes, rather than at the time of permit issuance. While the City generally opposes new mandates or pre-emption of local control, it hopes to work on provisions that would grandfather any local ordinances that already delay the collection of impact fees – as Renton is proposing to do (currently under consideration by the City Council). ·Changes to Energy Codes: Renton will track any possible legislative effort that looks to slow or revise current Energy Codes. 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 41 of 171 DRAFT DRAFT 8 Human and Social Services SUPPORT/OPPOSE ·Full funding of “2-1-1” system: Renton will support continued efforts to obtain state funds to help fully fund the new 2-1-1 emergency communications system to help seniors, the disabled and vulnerable populations within Washington State access social services. ·Public health funding: Renton will support efforts to preserve funding for Seattle-King County Public Health. A strong public health system promotes a healthier community and prevents and protects against injury and disease. ·Energy assistance for low-income residents: During economic down times, the demand for low-income energy assistance rises dramatically. Renton will support state partnership funding for energy assistance for low-income residents. Telecommunications SUPPORT/OPPOSE ·Oppose statewide franchise fee authority: In 2009, Verizon approached the Legislature, seeking enactment of a statewide franchising structure for cable and video services. Had the legislation succeeded, it would have pre-empted local franchising authority that guides cable service in Renton and other local markets around the state. While it does not appear that such a legislative initiative is being pursued in 2012, Renton will join AWC in strongly opposing this attack on local control. Transportation/Transit SUPPORT/OPPOSE ·Regional Mobility Grant Program: In collaboration with King County/METRO, Renton intends to pursue a Regional Mobility Grant for the extension of the Bus Rapid Transit “F Line,” which is currently slated for service from Burien through SeaTac and Tukwila to Renton’s Downtown Transit Center, starting in 2013. The City supported METRO’s recently successful federal funding request for the capital needs for the F Line. The City is working jointly with METRO on strategies to fund the operational needs of extending the proposed F Line from the Downtown Transit Center to The Landing and Boeing’s Renton Plant. ·Support legislation to provide cities more authority to set speed limits for state highway segments running through local communities: Legislation in this area was proposed in 2011, and may resurface in 2012. Renton will support this initiative. 6d. ‐ Community and Economic Development Department recommends  approval of the 2012 State Legislative Agenda and Statement of Policy Page 42 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Repeal Ordinance 5136 Meeting: Regular Council - 05 Dec 2011 Exhibits: Ordinance Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Erika Conkling x 6578 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ NA Transfer Amendment: $NA Amount Budgeted: $ NA Revenue Generated: $NA Total Project Budget: $ NA City Share Total Project: $ NA SUMMARY OF ACTION: On April 25, 2005 Council adopted Ordinance 5136. Ordinance 5136 was a partial amendment of the Shoreline Master Program that ensured consistency between shoreline regulations and newly adopted critical area regulations. However, any amendment of the Shoreline Master Program must be approved by the Washington State Department of Ecology. Ecology never approved Ordinance 5136. As a result, Ordinance 5136 was never codified in the Renton Municipal Code. Ordinance 5136 was superseded by a full update to the Shoreline Master Program, Ordinance 5633 adopted by Council on October 24, 2011 and approved on November 10, 2011 by Ecology. In light of this recent action it is appropriate to repeal Ordinance 5136. STAFF RECOMMENDATION: Council Repeal Ordinance 5136. 6e. ‐ Community and Economic Development Department recommends  repealing Ordinance No. 5136 regarding shoreline regulations. Page 43 of 171 6e. ‐ Community and Economic Development Department recommends  repealing Ordinance No. 5136 regarding shoreline regulations. Page 44 of 171 6e. ‐ Community and Economic Development Department recommends  repealing Ordinance No. 5136 regarding shoreline regulations. Page 45 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Delaying the West Hill Annexation election Meeting: Regular Council - 05 Dec 2011 Exhibits: Resolution Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Alex Pietsch (x 6592) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: On August 9, 2010, the City Council adopted Resolution 4061 which called for an election allowing the voters of the West Hill Potential Annexation Area to consider annexing to the City of Renton. That election is scheduled for February 14, 2012. The City's most recent financial analysis of the area indicates that it will cost much more to provide services to the West Hill area than revenues from the area will generate. Much of the funding gap is expected to be filled by a State sales tax credit program. However, Governor Gregoire's supplemental Budget of November 21st eliminates the sales tax credit for any future annexations, including the proposed West Hill annexation. The elimination of this important revenue source increases the funding gap by over $2 million per year, to an estimated operating deficit for the area of over $4 million. While we have receieved assurances from our legislative delegation and others in the legislature that they will work to restore this funding, and to make it less vulnerable to cuts in the future, the outcome of their efforts will not likely be known by the scheduled February 14, 2012 election date. The uncertainty of this funding, and the uncertainty of how services would be delivered without it, will create additional complexity if the election proceeds as scheduled. The Administration believes it would be prudent to delay the annexation vote until after the 2012 Legislative Session, when the question of whether or not the annexation funding has been restored will be answered. Therefore, the City Council is asked to adopt a new resolution calling for an election on November 6, 2012 and submit to voters of the West Hill Annexation area the proposal for annexation. The resolution further authorizes the City Clerk to file a certified copy with the Board of County Commissions of King County and to take those actions necessary to place Proposition 1 before the voters, including the preparation of information for the voter’s pamphlet. STAFF RECOMMENDATION: Adopt the resolution delaying the West Hill annexation election until November 6, 2012. 6f. ‐ Community and Economic Development Department recommends  adoption of a resolution delaying the West Hill Annexation election until Page 46 of 171 6f. ‐ Community and Economic Development Department recommends  adoption of a resolution delaying the West Hill Annexation election until Page 47 of 171 6f. ‐ Community and Economic Development Department recommends  adoption of a resolution delaying the West Hill Annexation election until Page 48 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Sub-Grant Agreement Number FFY09-SHSP-EQ-009 with King County Office of Emergency Management for Renton Community Center Transfer Switch Meeting: Regular Council - 05 Dec 2011 Exhibits: Issue Paper Sub-Grant Agreement Submitting Data: Dept/Div/Board: Community Services Staff Contact: Dennis Conte, Facilities Supervisor, Ext. 6643 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $158,000.00 Transfer Amendment: $ Amount Budgeted: $ $158,000.00 Revenue Generated: $$158,000.00 Total Project Budget: $ $158,000.00 City Share Total Project: $ $0 SUMMARY OF ACTION: The Renton Community Center (RCC), located at 1715 Maple Valley Highway, Renton, WA, is an approved General Shelter location by the American Red Cross, and is the primary Medical Needs Shelter for Sound King County. The RCC does not currently have back-up power capabilities. These Sub- Grant funds would be used to purchase and install a transfer switch for the RCC. The project will be managed by the City of Renton, and includes the docking station to connect the generator to the facilitiy for emergency power, it does not include a generator. Preliminary quotes determine that the expenditures will not exceed the Sub-Grant total. STAFF RECOMMENDATION: Approve the Sub-Grant Agreement with King County Management in the amount of $158,000 for a Transfer Switch at the Renton Community Center and authorize the Mayor and City Clerk to execute the Agreement. 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 49 of 171 H:\Facilities\Facilities Tech Supervisor\2011 Agenda Bills\Issue Paper Sub-Grant 11 2011 11/14/11 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:November 15, 2011 TO:Terri Briere, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Dennis Conte, Facilities Supervisor, Extension 6643 SUBJECT:Sub-Grant Agreement Number FFY09-SHSP-EQ-009 with King County Office of Emergency Management for Renton Community Center Transfer Switch Issue: Should the Council authorize the Mayor and the City Clerk to sign the Sub-Grant Agreement for installation of a Transfer Switch at the Renton Community Center? Recommendation: Approve the Sub-Grant Agreement with King County Management in the amount of $158,000 for a Transfer Switch at the Renton Community Center and authorize the Mayor and City Clerk to execute the Agreement. Background: ·The Renton Community Center (RCC), located at 1715 Maple Valley Highway, Renton, WA, 98055, is an approved General Shelter Location by the American Red Cross, and is the primary Medical Needs Shelter for South King County. ·The RCC currently does not have back-up power capabilities. ·The Sub-Grant funds will be used to purchase and install a transfer switch for backup power at the RCC. The project will be managed by the City of Renton and the transfer switch will be installed by an electrical contractor selected through a competitive process. The project only includes the docking station to connect a generator to the facility for emergency power; it does not include a generator. ·Upon installation of the transfer switch, the Facilities Division will negotiate a contract to guarantee the availability of a suitable generator from a local provider. The Facilities Division is currently working on a Memorandum of Understanding with Cummins Northwest, a generator provider, for a generator if/when the need arises. 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 50 of 171 Terri Briere, Council President Members of Renton City Council Page 2 of 2 November 15, 2011 h:\facilities\facilities tech supervisor\2011 agenda bills\issue paper sub-grant 11 2011.doc The funding source of the Sub-Grant is the U.S. Homeland Security Department, Washington State Homeland Security Program, administered by the King County Office of Emergency Management. The Sub-Grant total is $158,000. Preliminary quotes determine that the expenditures will not exceed the Sub-Grant total. Conclusion: Approval of the Sub-Grant Agreement will provide funding for the installation of the transfer switch for emergency electrical power at the Renton Community Center when needed. cc:Jay Covington, Chief Administrative Officer Iwen Wang, Finance & IS Administrator Larry Warren, City Attorney 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 51 of 171 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT FFY09 SUB GRANT AGREEMENT NUMBER: FFY09-SHSP-EQ-009 PROJECT TITLE: Renton Community Center Transfer Switch THIS AGREEMENT is made and entered into by and between King County a nd the City of Renton, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to King County by the United States Department of Homeland Security (DHS) through the Washington State Military Department, Emergency Management Division (EMD). The funding source of the grant is the FFY09 Homeland Security Grant, State Homeland Security Program, Catalog of Federal Domestic Assistance (CFDA) # 97.067, State Contract # E10-215. Neither the DHS nor the Federal Government shall be a party to any subagreement nor to any solicitations or request for proposals. This Agreement shall be subject to the applicable grant contract between DHS and EMD and the subgrant contract between EMD and King County. The Subgrantee agrees not to perform any act, fail to perform any act, or refuse to comply with any King County requests that would cause King County to be in violation of the DHS and EMD grant terms and conditions, a copy of which is attached hereto as Exhibit D. NOW THEREFORE, King County and the Subgrantee mutually agree as follows: 1. SCOPE OF WORK, BUDGET AND APPROVED EQUIPMENT LIST The Subgrantee will accomplish the work and tasks as set forth in th is Agreement including the Scope of Work, (attached hereto as Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C). 2. PERIOD OF PERFORMANCE The period of performance under this Agreement will be from October 31, 2011 to April 30, 2012. All work must be satisfactorily completed, and all invoice reimbursement requests, reports, and deliverables must be submitted to King County Office of Emergency Management , by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES King County's Project Manager on this Agreement shall be Allison Thompson at King County Office of Emergency Management. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. The Subgrantee's representative to this Agreement shall be Dennis Conte, for the City of Renton (or to Denis Law, Mayor, if signing auth ority is required) who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 52 of 171 Any notice required or permitted under this Agreement shall be deemed s ufficiently given or served if sent to King County or the Subgrantee at the addresses provided below: If to King County: Allison Thompson King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056-4192 PH: 206.296.3830 / FAX: 206.205.4056 AllisonJ.Thompson@kingcounty.gov If to the Subgrantee: Dennis Conte; For signing authority: Denis Law, Mayor 1055 S. Grady Way, Renton, WA 98057 PH: 425.430.6643 / FAX: 425.430.6613 DConte@rentonwa.gov 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement Agreement and will not to exceed $158,000.00 (One hundred fifty eight thousand dollars and no cents) with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount. The parties may amend this amount by mutual agreement. Compensation for satisfactory work performance shall be payable upon receipt of properly completed Invoice Reimbursement Request, which is available to the Subgrantee at. http://www.kingcounty.gov/safety/prepare/EmergencyManagementProfessionals/Grants/SubGrants.aspx Invoice Reimbursement Request forms for eligible costs may be submitted no more than monthly and no less than quarterly after expenses have been incurred. Supporting documentation is required for reimbursement of all expenses related to the Scope of Work, Budget and Approved Equipment List in Exhibits A, B and C. Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc. The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. When seeking reimbursement for equipment, the Subgrantee must also present a Hand Receipt Form as well as a copy of the vendor’s invoice and packing slip with a statement signed and dated by the Subgrantee’s authorized representative that states “all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements”. King County may also require the Subgrantee to document that funding governed by this Agreement is not being used to replace or supplant existi ng programs, staff costs, activities and/or equipment. Payment shall be considered timely if mailed by King County to the Subgrantee within thirty (30) calendar days after receipt of properly completed Invoice Reimbursement Request. Payment shall be sent to the address designated by the Subgrantee on the Invoice Reimbursement 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 53 of 171 Request form. King County may, at its sole discretion, withhold payments claimed by the Subgrantee for services rendered if King County has determined that the Subgrantee has fail ed to satisfactorily comply with any term or condition of this Agreement. King County does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies. King County reserves the right to wit hhold or recoup payment for work or activities determined by funding agencies to be ineligible for reimbursement. 5. REPORTING REQUIREMENTS Narrative Progress Reports are due on a calendar quarter basis. This report must include the Subgrantee’s progress in implementing the Scope of Work, including any problems encountered and possible cost overruns or under runs. If no progress has been made on the Agreement a report must still be provided quarterly. 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by King County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by King County, State or Federal officials as so authorized by law. 7. ENVIRONMENTAL & HISTORICAL PROTECTION (EHP) REQUIREMENTS The Subgrantee agrees that to receive any federal preparedness funding, all Environmental & Historical Protection (EHP) Program compliance requirements outlined in applicable guidance must be met. The Subgrantee is advised that all projects that involve disturbing earth, communication towers, physical security enhancements, new construction, re novation, and modifications to buildings and structures that are 50 years old or older require EHP review. All other projects, including training and exercise activities, must be evaluated to determine impact. If impact is identified they must also go through an EHP review. 8. EQUIPMENT MANAGEMENT, ADMINISTRATIVE, & PROCUREMENT AND FINANCIAL MANAGEMENT REQUIREMENTS A. EQUIPMENT MANAGEMENT All equipment purchased under this Agreement by the Subgrantee will be recorded and maintained in an equipment inventory system. 1. The Subgrantee shall submit all proposed equipment purchases to the appropriate committee to ensure that the requested equipment is on the Authorized Equipment List (AEL), is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements. No reimbursement for equipment costs will occur until the appropriate approvals have been obtained. 2. The Subgrantee shall ensure full compliance with FEMA’s Environmental and Historic Preservation (EHP) Program requirements as outlined in the applicable grant guidance. 3. Upon successful completion of the terms of this Agreement, all equipment purchased through this Agreement will be owned by the Subgrantee, or a recognized sub -grantee 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 54 of 171 for which a contract, subgrant agreement, or other means of legal transfer of ownership is in place. 4. The Subgrantee, or a recognized subgrantee shall be responsible for any and all operation and maintenance expenses and for the safe operation of the equipment , including all questions of liability. 5. All equipment purchased under this subgrant, by the Subgrantee or sub -subgrantee, will be recorded and maintained in the Subgrantee’s equipment inventory system unless otherwise specified in this agreement. 6. The Subgrantee shall maintain equipment records that include: a description of the equipment; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the equipment. 7. Records for equipment shall be retained by the Subgrantee for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained by the Subgrantee until all litigations, claims, or audit findings involving the records have been resolved. 8. The Subgrantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two (2) years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subgrantee to determine the cause of the difference. The Subgrantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 9. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13.3 definition of equipment will be used. It defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. This definition will be used for equipment purchased with contract funds, unless local or state regulations are more restrictive. 10. The Subgrantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, unauthorized use and theft of the equipment to include small and attractive items. Any loss, damage or theft shall be investigated and a report generated which will be submitted to King County Office of Emergency Management . 11. The Subgrantee will develop adequate maintenance procedures to keep the property in good condition. 12. If the Subgrantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 13. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Subgrantee with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Subgrantee shall compensate the Federal - sponsoring agency for its share. 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 55 of 171 14. As a subrecipient of federal funds the Subgrantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all subgrantees who receive pass-thru funding from this contract. 15. Equipment purchased with funds from DHS grant programs should be mar ked with “Purchased with funds provided by the U.S. Department of Homeland Security” whenever possible. B. ADMINISTRATIVE REQUIREMENTS The Subgrantee shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to Office of Management and Budget (OMB) Circulars A-87 (Cost Principles for State, Local and Indian Tribal Governments), A102 (Grants and Cooperative Agreements with State and Local Governments), A122 (Cost Principles for Non-Profit Organizations), A133 (Audits of States, Local Governments, and Non-Profit Organizations), the Federal Emergency Management Agency’s (FEMA) codified regulations, and 44 code of Federal Regulations (CFR). Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. C. PROCUREMENT AND FINANCIAL MANAGEMENT REQUIREMENTS Subgrantee must adhere to all financial and procurement guidance, including:  Adhere to Office of Grants and Training requirements that all sole source contracts over $100,000 be reviewed and approved by the King County prior to execution of a contract. This requirement must be passed on to all of the Subgrantee’s sub- contractors, at which point the Subgrantee will be responsible for reviewing and approving their sub contractor’s sole source justification.  Adhere to Office of Grants and Training requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by King County before the contract is executed. This requirement must be passed on to all of the Subgrantee’s sub-contractors, at which point the Subgrantee will be responsible for reviewing and approving their sub-contractor’s contract.  Grant funds may not be used to replace or supplant existing funding.  No costs will be reimbursed in advance of their being incurred by the Sugrantee.  No costs will be reimbursed until the items have been received by the Subgrantee and invoiced by the vendor.  No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found as http://www.gsa.gov. 9. COMPLIANCE WITH APPLICABLE LAWS AND GRANT REQUIREMENTS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. New federal laws, regulations, policies and administrative practices may be established after the date this Agreement is established and may apply to this Agreement. To achieve compliance with changing federal requirements, the Subgrantee agrees to acce pt all changed requirements that 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 56 of 171 apply to this Agreement and to require compliance with changed requirements in all subcontracts. Failure to comply shall constitute a material breach of this Agreement. By entering into this Agreement the Subgrantee agrees that to receive any federal preparedness funding, all National Incident Management System (NIMS) compliance requirements outlined in applicable grant guidance must be met. The Subgrantee and all its subcontractors shall comply with, and DHS is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies. This obligation includes, but is not limited to, laws, regulations and polic ies listed in this Agreement. A. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Subgrant, the Subgrantee shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: 1. Nondiscrimination in Employment: The Subgrantee shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or p hysical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. 2. The Subgrantee shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, national origin, creed, marital status, age , Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers. Ref: Executive Order 11246, as amended by Executive Order 11375; Title VII of the Civil Rights Act, as amended, 42 USC § 2000e; section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623; section 102 of the Americans with Disabilities Act, as amended, 42 USC §§ 12101 et seq.; 29 CFR Part 1630; 41 CFR § 60- 1.4. B. NON-DISCRIMINATION During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 57 of 171 During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.18. The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. During the performance of this Agreement, the Subgrantee, for itself, its assignees and successors-in-interest agrees as follows: 1. Nondiscrimination The Subgrantee, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin in the selection and retention of subcontractors. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. Ref: 20 USC §§ 1681 et seq., Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990 (ADA), as a mended, 42 USC §§ 12101 et seq. 2. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either by competitive proposal or negotiation made by the Subgrantee for work to be performed under a subcontract each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin. 3. Information and Reports The Subgrantee shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its fa cilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and instructions. The Subgrantee shall maintain all required records for at least six (6) years after King County makes final payment and all other pending matters are closed. 4. Incorporation of Provisions The Subgrantee shall include the provisions of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as King County or DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Subgrantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request King County to enter into such litigation to protect the interests of the County, and in addition, the Subgrantee may request the Federal Government to enter into such litigation to protect the interests of the United States. C. AMERICANS WITH DISABILITIES ACT In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor shall comply with the requirements of U.S. Equal Employment 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 58 of 171 Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. The Subgrantee is required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments thereto: 1. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; 2. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; 3. U.S. General Services Administration regulations, "Construction and Alteration of Public Buildings,” 41 CFR Subpart 101-19; 4. U.S. Equal Employment Opportunity Commission (EE0C) "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; 5. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled”, 47 CFR Part 64, Subpart F. D. PRIVACY ACT Should the Subgrantee, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the Subgrantee and any subcontractors and their employees involved therein are considered to be government employees with respect to the government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this provision of this Agreement shall make this Agreement subject to termination. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement that involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act. E. INTEREST OF MEMBERS OF OR DELEGATES OF CONGRESS Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. F. DISCLOSURE OF LOBBYING ACTIVITIES Agreements in excess of $100,000 require that a Certification Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed and submitted to King County as required by 49 CFR Part 20, “New Restrictions on Lobbying.” The Subgrantee certifies that it shall 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 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 59 of 171 award covered by the Byrd Anti-Lobbying Amendment, 31 USC § 1352. The Subgrantee shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to King County. The Subgrantee shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. G. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS The Subgrantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to King County in connection with this project, the County reserves the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq., and/or 49 USC § 5307(n)(1), as may be appropriate. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. H. ENERGY CONSERVATION The Subgrantee agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and 49 CFR Part 18. The Subgrantee agrees to include this clause in all subcontracts awarded under this Agreement. I. ENVIRONMENTAL REQUIREMENTS The Subgrantee agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” 42 USC § 4321 note. Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and 40 CFR Part 1500, et seq. J. PREFERENCE FOR RECYCLED PRODUCTS To the extent practicable and economically feasible, the Subgrantee agrees to provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient. Examples of such products may include, but are not limited to, products described in the United States EPA Guidelines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873. K. PATENT RIGHTS If any invention, improvement, or discovery of the Subgrantee or any of its Subcontractors is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the Subgrantee agrees to notify King County immediately and provide a detailed report. The rights and responsibilities of the Subgrantee and King County with respect to such invention, improvement or discovery shall be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof. 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 60 of 171 Unless the Federal Government later makes a contrary determination in writing, irrespective of the Subgrantee’s status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, academic institution, individual), the County and the Subgrantee agree to take the necessary actions to provide, through DHS, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR Part 401. The Subgrantee also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by DHS. Ref: 49 CFR Part 19, Appendix A, Section 5 L.. OMB CIRCULARS The Subgrantee shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; OMB A-122, Cost Principles for Non-Profit Organizations; and A-133, Audits of States, Local Governments, and Non -Profit Organizations. M. SINGE AUDIT ACT Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the U.S. Office of Management and Budget (OMB) Circular A- 133, Audits of States, Local Governments, and Non -Profit Organizations (Revised June 27, 2003, effective for fiscal years ending after December 31, 2003 ). Non-federal entities that spend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor’s Office and requesting an audit, if required. The Subgrantee shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontra ctors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings. The Subgrantee 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 Subgrantee must respond to King County Office of Emergency Management requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. King County Office of Emergency Management reserves the right to recover from the Subgrantee all disa llowed costs resulting from the audit. In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 61 of 171 The Subgrantee must send this letter to King County no later than nine (9) months after the end of the Subgrantee’s fiscal year(s). The Subgrantee shall include the above audit requirements in any subcontracts. N. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If Federal funds are the basis for this contract, the Subgrantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency. By signing and submitting this Agreement, the Subgrantee is providing the signed certification set out below. 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 Subgrantee knowingly rendered an erroneous certification, the Federal Government and County may pursue available remedies, including suspension and/or debarment. The Subgrantee shall provide immediate written notice to King County if at any time the Subgrantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,” "participant," "persons," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. The Subgrantee agrees by signing this Agreement that it shall not knowingly enter into any covered transaction with a person or subcontractor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transa ction, unless authorized in writing by King County. The Subgrantee shall include the requirement in this section in any subcontracts. O. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRRISES (MWBE) The Subgrantee is encouraged to utilize firms that ar e certified by the Washington State Office of Minority and Women’s Business Enterprises as minority-owned and/or women- owned in carrying out the purposes of this contract. 10. AMENDMENTS This Agreement may be amended only by written concurrence of both pa rties. Amendments to Scope of Work (Exhibit A), Budget (Exhibit B) and Approved Equipment List (Exhibit C) will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Except for changes in Equipment and Salaries & Benefits on the Budget (Exhibit B), up to ten percent (10%) of the total award amount may be shifted between the other approved budget categories and sub categories. For Equipment, Salaries & Benefits or amounts over ten percent (10%), the Subgrantee must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieve(s) the goals stated in the Scope of Work (Exhibit A) and falls within the grant requirements. 11. TERMINATION 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 62 of 171 This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance misuse of funds, and/or failure to provide grant-related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, King County will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Agreement beyond the current appropriation year is conditional upon appropriation of sufficient funds to support the activities described in this Agreement. Should such an appropriation not be approved, this Agreement will terminate at the close of the current appropriation year. 12. HOLD HARMLESS AND INDEMNIFICATION The Subgrantee shall protect, indemnify and hold harmless King County, its officers, officials, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from any and all actions by the Subgrantee and/or its subco ntractors pursuant to this Agreement. The Subgrantee shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against King County arising out of or incident to the Subgrantee’s execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. In the event the County incurs attorney fees and/or costs in the defense of claims within the scope of the paragraph above, such attorney fees and costs shall be recoverable from the Subgrantee. In addition King County shall be entitled to recover from the Subgrantee its attorney fees, and costs incurred to enforce the provisions of this section. 13. INSURANCE Subgrantee shall provide and maintain and shall cause its subcontractors to provide and maintain Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $ 2,000,000 in the aggregate. King County, its officers, o fficials, agents and employees shall be named as additional insureds. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self - insured for any of the above insurance requirements, a certification of self -insurance shall be submitted to King County Office of Emergency Management and shall constitute compliance with this section. 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 63 of 171 14. SCHEDULE OF EXPENDITURES OF FINANCIAL ASSISTANCE King County Government Subgrantees should not include expenditures incurred by your agency and reimbursed by DHS through King County Office of Emergency Management on your annual Schedule of Expenditures of Financial Assistance. King County Office of Emergency Management, the lead agency for this federal award, is responsible for including these expenditures on their Schedule of Expenditures of Financial Assistance. 15. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of King County and the Subgrantee hereto, and any oral or written representations o r understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be an amendment of the terms of this Agreement unless stated to be such through written approval by both parties and shall be attached to the original Agreement. 16. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable.. 17. APPROVAL This Agreement shall be subject to the written approval of King County’s authorized representative and shall not be binding until so approved. THIS AGREEMENT, consisting of 13 pages and 4 attachments, is executed by the persons signing below who warrant and represent that they have the authority to execute the Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: __________________________________ BY________________________________ Name & Title Hillman Mitchell, Director __________________________________ ___________________________________ Date Date SUBGRANTEE KING COUNTY 6g. ‐ Community Services Department recommends approval of an  agreement with King County to accept a Homeland Security subgrant in Page 64 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Self Contained Breathing Apparatus (SCBA) Purchase Meeting: Regular Council - 05 Dec 2011 Exhibits: Issue Paper MES - Northwest Quotation Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Erik Wallagren/7084 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $133,987.00 Annually Transfer Amendment: $NA Amount Budgeted: $ $133,987.00/2012 Revenue Generated: $NA Total Project Budget: $ $402,000.00 City Share Total Project: $ NA SUMMARY OF ACTION: The Renton Fire Department's current Self Contained Breathing Apparatus manufactured by Mine Safety Appliance purchased in 2008 has experienced several catastrophic failures of the 'O' ring between the high pressure hose and the air cylinder. With numerous attempts to resolve this life safety issue with the manufacturer, it is recommended that we replace the MSAs with Scott Air Packs. STAFF RECOMMENDATION: Approve the purchase in the amount of $402,000.00 for SCBA over the next three years beginning 2012. 6h. ‐ Fire and Emergency Services Department recommends approval of  a sole source contract with Scott Air Packs in the amount of $133,987 Page 65 of 171 FIRE & EMERGENCY SERVICES M E M O R A N D U M DATE:November 28, 2011 TO:Terri Briere, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Mark Peterson, Fire Chief/Emergency Services Administrator STAFF CONTACT:Erik Wallgren, Deputy Chief, Safety & Support Services X7084 SUBJECT:Purchase of Self Contained Breathing Apparatus (SCBA) ISSUE: Renton Fire & Emergency Services Department currently uses self contained breathing apparatuses manufactured by Mine Safety Appliance (MSA) that were purchased in 2008. Since 2008 our firefighters who use the MSA equipment have had several catastrophic failures of an “O”ring, releasing all breathing air from the cylinder and creating a situation that endangers the safety of our members and affects the service we provide our community. MSA has not been able to resolve the problem; therefore RF&ESD is recommending replacing the MSA inventory with new SCBA’s manufactured by SCOTT. These appliances would be purchased through a three year zero interest rate program. RECOMMENDATION: Staff recommends approval to replace (75) MSA SCBA units with the SCOTT brand SCBA that also includes masks and cylinders through a three year zero interest rate program being offered by Municipal Emergency Services, Inc. BACKGROUND SUMMARY: One hundred thirty three thousand nine hundred eighty seven dollars ($133,987) has been allocated annually for a three year zero interest credit program through Community Leasing Partners. The Renton Fire Department’s current self contained breathing apparatus (SCBA) manufactured by Mine Safety Appliance (MSA) purchased in 2008 from grant monies have experienced several catastrophic failures of the ‘O’ ring between the high pressure hose and the air cylinder. For the past four years the department has attempted to resolve this issue with the manufacturer. The manufacturer has offered one option to the problem by putting a rubber sleeve over the hand wheel that secures the high pressure hose to the cylinder. This option was recently studied by our new recruits at 6h. ‐ Fire and Emergency Services Department recommends approval of  a sole source contract with Scott Air Packs in the amount of $133,987 Page 66 of 171 Terri Briere, Council President Members of City Council Page 2 of 2 November 28, 2011 the State Fire Academy and we continued to have three more failures which could have been life threatening. Other fire jurisdictions in the area have had the same or similar issues with MSA, but information gathering and documentation has been difficult to obtain. Our own technicians made a trip to MSA headquarters in Pennsylvania earlier this year to work on a solution with their technicians and although the trip was informative, it did not result in a solution to the problem. Without a solution to the failures a back-up plan was initiated, which prompted an SCBA evaluation of several SCBA manufactures to determine the strengths and weaknesses of each SCBA based on the departments established priorities. Only SCBA’s that complied with the current legal requirements were considered. Of the five manufactures that were evaluated, SCOTT came out as the best equipment for the best price with the goal of improved interoperability with our neighboring fire agencies and firefighter safety. Because of the evaluation conducted, SCOTT and Municipal Emergency Services, Inc. are offering Renton Fire & Emergency Services a trade in option of the MSA equipment for the new SCOTT replacement equipment, totaling one hundred eighty seven thousand five hundred dollars ($187,500). This amount would be credit towards the purchase of (75) new SCBA units in the amount of five hundred eighty nine thousand four hundred sixty one dollars ($589,461). The purchase price of four hundred two thousand dollars ($402,000) can be spread over a three year period for zero interest through Community Leasing Partners. Sole Source vendor request is due to the regional SCBA evaluation conducted in March of 2011 by the following departments: Renton Fire & Emergency Services Department, Kent Regional Fire Authority, Valley Regional Fire Authority, Central Pierce Fire & Rescue, Maple Valley Fire & Life Safety and Sea-Tac Fire Department. CONCLUSION: Entering into a three year zero interest rate agreement for the replacement of (75) SCBA units will insure safety for our firefighting members and in the most cost effective manner for the City and the community it serves. 6h. ‐ Fire and Emergency Services Department recommends approval of  a sole source contract with Scott Air Packs in the amount of $133,987 Page 67 of 171 MES - Northwest3801 Fruit Valley Rd. Suite C Vancouver, WA 98660 Telephone ........................:360-737-3800 Fax ...................................:360-737-1632 Ship To: RENTON FIRE & EMERGENCY SERVICES 18002 108TH AVE SE Renton, WA 98055 Contact: Phone: Quotation Number ............................:QT_00128850-2 Date .................................:11/25/2011 Page ................................:1 of 1 Sales order ......................: Requisition .......................: Your ref............................: Quotation deadline ...........:1/16/2012 Payment ...........................: Our ref..............................:bburnes Sales Rep ........................:gbaker Terms of delivery .............:MES Pays Freight Bill To: RENTON FIRE & EMERGENCY SERVICES 18002 108TH AVE SE Renton, WA 98055 Item number Description Size Color Quantity Unit Unit price Amount AP314Z204210102 SCOTT NXG7 4.5 W/QD DUAL EBBS STD. DOUBLE PULL BELT 75.00 EA 4,815.00 361,125.00 805773-82 AV3000 Sure Seal w/ Kevlar Head Harness - Medium 150.00 EA 213.75 32,062.50 200129-01 4.5-45MIN CARB CYL&VLV NXG 150.00 EA 1,076.00 161,400.00 TRADE-IN COMPLETE MSA UNITS WITH CYLINDER & MASK -75.00 EA 2,500.00 -187,500.00 This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Sales balance Total discount S&H Sales tax Total 367,087.50 0.00 0.00 34,873.32 401,960.82 USD All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. 6h. ‐ Fire and Emergency Services Department recommends approval of  a sole source contract with Scott Air Packs in the amount of $133,987 Page 68 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Fuel Tax Grant Distribution Agreement for the SW 27th Street/Strander Blvd Extension Project, Phase 1, Seg 2a Meeting: Regular Council - 05 Dec 2011 Exhibits: Grant Agreement Between the City of Renton and Washington State Transportation Improvement Board Submitting Data: Dept/Div/Board: Public Works Staff Contact: Juliana Fries, Program Development Coordinator, extension 7232 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ $5,221,000 (2011)Revenue Generated: $$1,650,000 Total Project Budget: $ $19,136,777 (current phase)City Share Total Project: $ SUMMARY OF ACTION: The SW 27th Street/Strander Blvd Extension Project, Phase 1, Seg 2a Project was selected under the Washington State Transportation Improvement Board Rapid Action Program for a grant of $1,650,000, with a 20 percent match required. Match will be provided with already secured City Funds (Interfund Loan) and other grants. This phase of the SW 27th Street/Strander Blvd Extension Project will construct a roadway providing commuters with pedestrian, bicycle, transit and vehicular access from Renton to the Sounder Commuter Station. To allow for a grade separated roadway to be constructed, a railroad bridge under BNSF tracks will be constructed. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into the Fuel Tax Grant Distribution Agreement with the Transportation Improvement Board for the obligation of grant funding and all subsequesnt agreements necessary to accomplish construction of this project. 6i. ‐ Transportation Systems Division recommends approval of a Fuel Tax  Grant Distribution agreement to accept $1,650,000 from the Washington Page 69 of 171 6i. ‐ Transportation Systems Division recommends approval of a Fuel Tax  Grant Distribution agreement to accept $1,650,000 from the Washington Page 70 of 171 6i. ‐ Transportation Systems Division recommends approval of a Fuel Tax  Grant Distribution agreement to accept $1,650,000 from the Washington Page 71 of 171 6i. ‐ Transportation Systems Division recommends approval of a Fuel Tax  Grant Distribution agreement to accept $1,650,000 from the Washington Page 72 of 171 6i. ‐ Transportation Systems Division recommends approval of a Fuel Tax  Grant Distribution agreement to accept $1,650,000 from the Washington Page 73 of 171 6i. ‐ Transportation Systems Division recommends approval of a Fuel Tax  Grant Distribution agreement to accept $1,650,000 from the Washington Page 74 of 171 6i. ‐ Transportation Systems Division recommends approval of a Fuel Tax  Grant Distribution agreement to accept $1,650,000 from the Washington Page 75 of 171 6i. ‐ Transportation Systems Division recommends approval of a Fuel Tax  Grant Distribution agreement to accept $1,650,000 from the Washington Page 76 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Estimate – CAG-11-125 SWP-27-2057, Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project – 2011 Meeting: Regular Council - 05 Dec 2011 Exhibits: Pay Estimate #4 Final Notice of Completion Combined Form for – Dept of Revenue, Dept of L&I Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ron Straka, x7248, Daniel Carey, x7293 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $2,250.71 Transfer Amendment: $N/A Amount Budgeted: $ $185,000.00 Revenue Generated: $N/A Total Project Budget: $ $185,000.00 City Share Total Project: $ N/A SUMMARY OF ACTION: Sierra Pacific Construction, LLC. started construction on the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project - 2011 on August 22, 2011, and completed the work on September 16, 2011. The project included installing temporary diversion dams, dewatering the sediment basins, fish rescue, removing accumulated sediment, refilling the sediment basins, and restoration and hydroseeding. The original contract amount was $69,905.90 and the final contract amount is $68,659.70. The decrease of $1,138.08 was due to minor changes in bid item quantities. The project is funded by the Surface Water Utility’s Capital Improvement Program’s Maplewood Creek Sediment Basin Cleaning (acct. 427.475060.018.595.38.63.000) and the Madsen Creek Sediment Basin Cleaning Project (account number 427.475050.018.595.38.63.000). The approved 2011 CIP budget for both accounts is a total of $185,000.00. There is sufficient budget remaining in the approved 2011 CIP budget for both accounts to fund the final pay estimate and staff costs. STAFF RECOMMENDATION: Accept the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project - 2011, approve the final pay estimate, and release the retainage of $3,135.14 after 60 days and after all the required releases from the state have been obtained. 6j. ‐ Utility Systems Division recommends approval of CAG‐11‐125,  Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project ‐ Page 77 of 171 6j. ‐ Utility Systems Division recommends approval of CAG‐11‐125,  Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project ‐ Page 78 of 171 6j. ‐ Utility Systems Division recommends approval of CAG‐11‐125,  Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project ‐ Page 79 of 171 6j. ‐ Utility Systems Division recommends approval of CAG‐11‐125,  Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project ‐ Page 80 of 171 6j. ‐ Utility Systems Division recommends approval of CAG‐11‐125,  Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project ‐ Page 81 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Ordinance Amending RMC 4-6-030 Meeting: Regular Council - 05 Dec 2011 Exhibits: Issue Paper Ordinance Chapter 1 of the City of Renton Amendments to the 2009 King County Surface Water Design Manual Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ron Straka, Surface Water Supervisor, x7248 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: There are a number of single-family residential drainage facilities in plats located throughout the City of Renton and prior to 2011 the City did not have a uniform policy regarding maintenance responsibility for these facilities. Prior to approximately the early 1990’s, the City assumed maintenance responsibility of some facilities. In the early 1990’s, the City began requiring private ownership and maintenance of new residential on-site facilities by homeowners associations. In 2010 the City revised this policy for residential plats with public streets to require the developer to pay for the construction of drainage facilities, with subsequent dedication of the tract or easement containing that facility to the City to be responsible for the maintenance of the drainage facility. While City staff has already developed and started implementing methods to identify existing drainage facilities that will be transferred to the City for maintenance and procedures to transfer drainage facilities after the two-year maintenance bond expires, Drainage Code (RMC 4-6-030) still reflects old policy that requires the homeowners associations to be responsible for the maintenance of all on-site drainage facilities. The proposed ordinance amends RMC 4-6-030 to reflect City adopted policy to maintain drainage facilities on single-family residential plats with public streets two years after final construction and inspection by the City and will provide clarification on the currently adopted (ORD 5526) flow control Best Management Practices requirements. STAFF RECOMMENDATION: Approve the proposed Code amendments adopt the ordinance. 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 82 of 171 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:November 28, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Public Works Administrator STAFF CONTACT:Ron Straka, Surface Water Engineering Supervisor, x7248 SUBJECT:Ordinance Amending RMC 4-6-030 Regarding City Responsibility for Maintenance of Drainage Facilities Located in Plats with Public Streets and Clarification on Currently Adopted (ORD 5526) Requirements for Best Management Practices Implementation ISSUE: Should the City amend RMC 4-6-030 to reflect City adopted policy to maintain drainage facilities on single-family residential plats with public streets two years after final construction approval and inspection by the City and provide clarification on the currently adopted (ORD 5526) flow control Best Management Practices (BMP) requirements? RECOMMENDATION: ·Approve the ordinance to amend RMC 4-6-030 to reflect City adopted policy to maintain drainage facilities on single-family residential plats with public streets two years after final construction approval and inspection by the City, and provide clarification on the currently adopted (ORD 5526) flow control BMP requirements. ·Present the ordinance for first and second reading. BACKGROUND SUMMARY: There are a number of single-family residential drainage facilities in plats located throughout the City of Renton and prior to 2011, the City did not have a uniform policy regarding maintenance responsibility for these facilities. Prior to approximately the early 1990’s, the City assumed maintenance responsibility of some facilities. In the early 1990’s, the City began requiring private ownership and maintenance of new residential on-site facilities by homeowners associations. In 2010, the City revised this policy for residential plats with public streets to require the developer to pay for the construction of drainage facilities, with subsequent dedication of the tract or easement containing that facility to the City assuming ownership and maintenance of the drainage facility. On November 14, 2011 Council approved the appropriation of funding needed for the 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 83 of 171 Ms. Terri Briere Page 2 of 2 November 28, 2011 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3129 Renton Stormwater Manual\1003-City Correspondence\Agenda Bill\2011\IssuePaper-CodeModl.doc\HBtp Surface Water Utility staffing and equipment that is necessary to maintain and operate the stormwater facilities in residential plats with public streets. While City staff has already developed and started implementing methods to identify existing drainage facilities that will be transferred to the City for maintenance and procedures to transfer drainage facilities after the two year maintenance bond expires, Drainage Code (RMC 4-6-030) still reflects old policy that requires homeowners associations to be responsible for the maintenance of all on-site drainage facilities. The major features of the code revisions for the ordinance amending RMC 4-6-030 are: w City of Renton will assume maintenance and operation of the following drainage facilities for any residential subdivision with improved public road right-of-way two years after final construction approval by the City and an inspection by the City to ensure the facilities have been properly maintained and are operating as designed. ·Flow control and water quality facilities within a tract or easement dedicated to the City that controls runoff from public right-of-way. ·Flow control BMP devices within a tract or right-of-way dedicated to the City. ·The conveyance systems within improved public road right-of-way, tract or easement. w Clarification on currently adopted (ORD 5526) flow control BMP requirements. Ordinance 5526 (effective February 6, 2010) required the implementation of flow control BMPs on all projects resulting in more than 2,000 square feet of new impervious surface; implicitly requiring single-family homes to implement flow control BMPs. Proposed modifications will provide clarification by listing the flow control BMP requirements applicable to all projects (including single-family homes) in the City of Renton as specified in the Surface Water Design Manual applicable to the project and as in accordance with Washington Vesting Law. CONCLUSION: Approve the proposed ordinance amending RMC 4-6-030 to reflect adopted City policy to maintain drainage facilities in single-family residential plats with public streets two years after final construction approval and inspection by the City and provide clarification on the currently adopted (ORD 5526) flow control BMP requirements. cc:Lys Hornsby, Utility Systems Director Hebé Bernardo, Surface Water Utility Engineer 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 84 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 85 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 86 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 87 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 88 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 89 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 90 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 91 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 92 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 93 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 94 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 95 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 96 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 97 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 98 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 99 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 100 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 101 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 102 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 103 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 104 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 105 of 171 6k. ‐ Utility Systems Division recommends amending City Code regarding  maintenance of drainage facilities on single‐family plats with public Page 106 of 171 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Utility Systems Annual Consultant Roster for Contracts in 2012-2014 Meeting: Regular Council - 05 Dec 2011 Exhibits: List of Annual Consultants on Shortlist (Attachment A) Submitting Data: Dept/Div/Board: Public Works Staff Contact: Dave Christensen, x7212 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Utility Systems Division staff advertised for Statements of Qualifications (SOQs) for an Annual Consultant Roster to provide consulting services for the Utility Systems Division. Staff evaluated the SOQs and selected the consultants as listed on the shortlist (Attachment A) for placement on the Annual Consultant Roster. The roster will be valid for the period from January 2012 to January 2013, with the option of extending the roster annually in 2013 and 2014. As a need for engineering services arises, a standard City of Renton engineering services contract will be executed with the most qualified consultant on the roster. Contracts will be negotiated and executed in compliance with City Policy 250-02, Bidding and Contracting Requirements, and subsequent amendments to this policy, as approved by the Mayor and Council. STAFF RECOMMENDATION: Authorize inclusion of the list of consultants on Attachment A into the Annual Consultant Roster to be used for the year 2012 with the option of extending the roster annually in 2013 and 2014. 6l. ‐ Utility Systems Division requests approval of the annual roster of  consultants chosen to provide General Utility Engineering, Page 107 of 171 \\RVFPS-02\Depts\PW\File Sys\USA - Utility Systems Division Administration\USA-12 - Annual Consultant Agreement\USA-12-0014 - Agenda Bill & Council Meeting Minutes\2012 - 2014 Consultant Roster\2012-2014 Consultant Roster Short List Attach A.doc ATTACHMENT A Public Works – Utility Systems Division ANNUAL CONSULTANT ROSTER FOR 2012 - 2014 Category A – General Utility Engineering BHC Consultants Brown and Caldwell Carollo CH2M Hill Gray & Osborne, Inc HDR Jacobs Murray, Smith & Associates, Inc PACE Parametrix, Inc RH2 Engineering, Inc Roth Hill, Inc SAIC (formerly R.W. Beck) Tetra Tech Category B – Hydraulics/Hydrology CH2M Hill Northwest Hydraulics Consultants Otak SAIC (formerly R.W. Beck) Tetra Tech Watershed Science & Engineering Category C – Soils/Geotechnical Associated Earth Sciences, Inc. HWA GeoSciences Inc. Kleinfelder Shannon & Wilson, Inc. Category D – Geohydrology Landau Associates Pacific Groundwater Group Robinson Noble Shannon & Wilson, Inc. Category E – Corrosion Control Services CH2M Hill HDR Kennedy/Jenks Consultants Tinnea & Associates Category F – Land Surveying Services APS Survey & Mapping Bush, Roed & Hitchings, Inc. 6l. ‐ Utility Systems Division requests approval of the annual roster of  consultants chosen to provide General Utility Engineering, Page 108 of 171 \\RVFPS-02\Depts\PW\File Sys\USA - Utility Systems Division Administration\USA-12 - Annual Consultant Agreement\USA-12-0014 - Agenda Bill & Council Meeting Minutes\2012 - 2014 Consultant Roster\2012-2014 Consultant Roster Short List Attach A.doc\DMCtp KPG, Inc. PACE Perteet Roth Hill, Inc Triad Associates WH Pacific Category G – Telemetry and SCADA Systems Brown and Caldwell HDR Parametrix, Inc Reid Instruments RH2 Engineering, Inc Category H – Environmental Services ESA HDR Integrated Aquatics JBR Environmental Consultants, Inc. Landau Associates Otak PBS Engineering & Environmental Shannon & Wilson, Inc. The Watershed Company 6l. ‐ Utility Systems Division requests approval of the annual roster of  consultants chosen to provide General Utility Engineering, Page 109 of 171 8a. ‐ Changing the West Hill Annexation election date to 11/6/2012   (See 6.f.)Page 110 of 171 8a. ‐ Changing the West Hill Annexation election date to 11/6/2012   (See 6.f.)Page 111 of 171 8b. ‐ Supporting the Boeing 737 Max Program (See 7.a.) Page 112 of 171 8b. ‐ Supporting the Boeing 737 Max Program (See 7.a.) Page 113 of 171 8b. ‐ Supporting the Boeing 737 Max Program (See 7.a.) Page 114 of 171 8b. ‐ Supporting the Boeing 737 Max Program (See 7.a.) Page 115 of 171 8a. ‐ Repealing Ordinance No. 5136 regarding shoreline regulations   (See 6.e.)Page 116 of 171 8a. ‐ Repealing Ordinance No. 5136 regarding shoreline regulations   (See 6.e.)Page 117 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 118 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 119 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 120 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 121 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 122 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 123 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 124 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 125 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 126 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 127 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 128 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 129 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 130 of 171 8b. ‐ Rebuild Approval Permit ‐ Title IV Docket #D‐67 (See 7.c.)Page 131 of 171 8c. ‐ Auto Repair and Sales ‐ Title IV Docket #D‐69 (See 7.c.)Page 132 of 171 8c. ‐ Auto Repair and Sales ‐ Title IV Docket #D‐69 (See 7.c.)Page 133 of 171 8c. ‐ Auto Repair and Sales ‐ Title IV Docket #D‐69 (See 7.c.)Page 134 of 171 8c. ‐ Auto Repair and Sales ‐ Title IV Docket #D‐69 (See 7.c.)Page 135 of 171 8d. ‐ Right‐of‐Way Dedication Procedure Streamlining ‐ Title IV Docket  #D‐70 (See 7.c.)Page 136 of 171 8d. ‐ Right‐of‐Way Dedication Procedure Streamlining ‐ Title IV Docket  #D‐70 (See 7.c.)Page 137 of 171 8d. ‐ Right‐of‐Way Dedication Procedure Streamlining ‐ Title IV Docket  #D‐70 (See 7.c.)Page 138 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 139 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 140 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 141 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 142 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 143 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 144 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 145 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 146 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 147 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 148 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 149 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 150 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 151 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 152 of 171 8e. ‐ Miscellaneous Residential Standards ‐ Title IV Docket #D‐71 (See  7.c.)Page 153 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 154 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 155 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 156 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 157 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 158 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 159 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 160 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 161 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 162 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 163 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 164 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 165 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 166 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 167 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 168 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 169 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 170 of 171 8f. ‐ Administrative Code Interpretations ‐ Title IV Docket #77 Page 171 of 171