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HomeMy WebLinkAboutAdden 1AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH BERK CONSULTING, INC FOR HOUSING ACTION PLAN THIS AMENDMENT, dated February 9th, 2021, is by and between the City of Renton (the “City”), a Washington municipal corporation, and BERK Consulting, Inc. (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-20-074, dated February 19, 2020, to provide necessary services for the E2SHB 1923 Housing Action Plan (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to change the compensation in order reflect the work requested by the Advisory Committee at Meeting #4. The Advisory Committee requested additional extended revisions to draft policy review document and the addition of a policy matrix appendix. Whereas, the Consultant offered to undertake the additional work requested by the Advisory Committee in exchange for reducing the scope of Task 5. Whereas, the City determined that the best option is to increase the scope in order to cover both the requests of the Advisory Committee and the full original scope. NOW THEREFORE, It is mutually agreed upon that CAG-20-074 is amended as follows: 1.Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $3,333 from $80,000 to $83,333, plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A of the Agreement. 2.All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. CAG-20-074, Adden #1-21 PAGE 2 OF 2 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ C.E. “Chip” Vincent Community and Economic Development Administrator Lisa Grueter Principal _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 01-15-2020 02/11/202102/11/2021 Approved by Leslie Clark via 2/11/2021 email CAG-20-074 NIR AGREEMENT FOR PROFESSIONAL SERVICES WITH BERK CONSULTING, INC. FOR E2SHB 1923 HOUSING ACTION PLAN THIS AGREEMENT, dated February 19, 2020, is by and between the City of Renton (the "City"), a Washington municipal corporation, and BERK Consulting, Inc. ("Consultant"), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the Parties." Under Section 15, General Terms and Conditions, of the GMA Update Grant Agreement between the City and the Washington State Department of Commerce ("Commerce"), Contract No. 20-63314-022 (the "Commerce Agreement"), the City notified Commerce of the City's intent to subcontract for work identified under the Commerce Agreement. Commerce consented, subject to this Agreement incorporating certain terms of the Commerce Agreement. The Parties to this Agreement acknowledge that it is their mutual intent to incorporate such terms into this Agreement. Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide services to support the development of a Housing Action Plan for the City of Renton as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions,deletions or modifications.Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than June 15, 2021. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $80,000, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A.The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed,the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement.The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten(10)calendar days' notice to the Consultant in writing. In the event of such termination or suspension,all finished or unfinished documents,data,studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the PAGE 2 OF 11 City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive PAGE 3 OF 11 records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement.The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee.The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence. PAGE 4OF11 The Consultant agrees that Commerce and the state of Washington are not liable for claims or damages arising from the Consultant's performance under this Agreement. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction,alteration, improvement,etc.,of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cros/One.aspx?porta I Id=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and C PAGE 5OF11 Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the ur ose of this section, shall mean anyp Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation,within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service.Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following 11;) PAGE 6 OF 11 transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON CONSULTANT Hannah Bahnmiller, Housing Programs Lisa Grueter, Principal Manager 2200 6th Ave #1000 1055 South Grady Way Seattle, WA 98121 Renton, WA 98057 Phone: (206) 493-2367 Phone: (425) 430-7262 lisa@berkconsulting.com hbahnmiller@rentonwa.gov Fax: (206) 826-2053 Fax: (425) 430-7300 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. PAGE 7 OF 11 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City's project manager is Hannah Bahnmiller. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains PAGE 8 OF 11 terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. PAGE 9OF11 L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 20. Special Provision Relating to Commerce Agreement. The following applies because this Agreement is a subcontract under the Commerce Agreement. Consultant acknowledges receipt of a copy of the Commerce Agreement and hereby agrees to be bound to all applicable terms of the Commerce Agreement. Consultant agrees to fully and promptly comply with any requests of the City relating to the City's monitoring obligations under the Commerce Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF TON CONSULTANT lam By: By: Armo Pavone Lisa Grueter Mayor Principal J•o 03/19/2020 Date Date Attest Jason A. Seth City Clerk PAGE 10 OF 11 Approved as to Legal Form B,Y.;A!- Shane Moloney City Attorney Contract Template Updated 03/12/2019 PAGE 11 OF 11 EXHIBIT "A" SCOPE OF WORK FOR AGREEMENT FOR PROFESSIONAL SERVICES WITH BERK CONSULTING, INC. FOR E2SHB 1923 HOUSING ACTION PLAN SCOPE OF WORK OVERVIEW This project is envisioned to take place over six distinct Tasks: Task 1: Project kick-off and ongoing management. Task 2: Regional coordination and stakeholder engagement Task 3: Housing needs assessment and potential actions Task 4: Housing regulation and policy review Task 5: Recommendations for housing policy action Task 6: Housing Action Plan We will coordinate these tasks to develop the individual components of the Renton Housing Action Plan section by section, with reviews of these components at each stage to confirm the direction and content as the Plan is being assembled. For each major deliverable identified,we will provide a draft version to City staff for any necessary content revisions, and an additional review of the complete Plan will be conducted at the end of the process. These reviews will be coordinated by the City project manager,with compiled comments from City staff provided to the project team for edits. TASK 1 . PROJECT KICK-OFF AND ONGOING MANAGEMENT We will have an initial kick-off meeting with City staff to review the project timeline and scope of work, and identify key roles and protocols for communication. We will also review the process for the South King County Subregional Housing Needs Assessment (SHNA) and Subregional Housing Action Plan Framework (SHAPF) to identify this Action Plan project's needs related to the regional process and establish key touch points and transfers of data with the Subregional consultant. At this meeting,we will identify preliminary objectives for community and partner engagement along two different paths: Housing Action Plan Advisory Committee. We will conduct an initial brainstorm to develop a list of key participants to recruit for the Housing Action Plan Advisory Committee (HAP Advisory Committee), and establish a high-level overview of the Committee's charge and responsibilities. Targeted Community Engagement. We will identify specific community groups or community representatives that offer a unique or hard-to-reach viewpoint on housing needs and opportunities in Renton. We will identify objectives for project communications,any existing relationships and community feedback process, and potential partner organizations and interlocutors. We will also discuss the potential need for outreach surveys to ensure that we have broad representation from the community at large. Additional details for these two paths are given in Task 2. Finally,we will brainstorm elements for the project's identity including key audiences, key messages, and potential project names. Deliverables Kick-off meeting agenda and materials A revised Project Approach for internal stakeholders that describes the Housing Needs Assessment and its relationship to Renton's current housing initiatives. A Project Communications Strategy, including key branding, project naming, and clear talking points for City and consultant staff with external stakeholders. TASK 2. REGIONAL COORDINATION AND STAKEHOLDER ENGAGEMENT Building on our initial conversations at the Project Kick-off meeting, we will develop and implement a Stakeholder Engagement Plan that includes key stakeholders. This process will include both engagement activities and processes for sharing community feedback and learning in return. We anticipate this stakeholder and community engagement will follow two paths: consultation with a representative Advisory Committee, and targeted engagement activities in the community Housing Action Plan Advisory Committee Working with the City, we will identify and assemble potential members of an Advisory Committee for the Housing Action Plan. The intent of this Committee will be to provide perspectives on current housing issues and needs, guide approaches to engage the public, inform priority focus areas, and review and consult on recommendations provided as part of the final Housing Action Plan. Meetings of the Committee will align with key milestones in the project where feedback on major deliverables would be required. The general agenda for each meeting will be identified in the Stakeholder Engagement Plan. We recommend holding four or five meetings,with the following general themes: Meeting 1: Overview. At this meeting, we will review the Committee Terms of Reference with the members and discuss the content of the other meetings and intended deliverables at the end of the process. We will also provide an overview of the project and solicit initial discussions to understand major questions about housing present in the community that can be integrated into our initial work. Meeting 2: Current conditions. For the second meeting, we will discuss information on current housing conditions and needs developed as part of Task 3,covering both supply and demand. Our focus with this meeting will be to walk through the analysis and ask targeted questions to the group about potential areas for refinement and improvement to reflect local needs. Meeting 3: Strategy options. The third session will include discussions with the group about the potential options for housing strategies to be included in the Housing Action Plan.This would include a high-level review of the elements included in Task 4, as well as other potential actions that could be included in the final Housing Action Plan. Meeting 4: Review of recommendations.As part of the fourth meeting,the Committee will review the recommendations developed for the Housing Action Plan in Task 5,and the Plan overall. This will include a presentation of the general results from the research conducted, a rationale for the actions outlined in the Plan, and a discussion of additional elements which could be included in the final document. As part of this meeting, we will also discuss how other parties outside of the City may assist in implementing the final Housing Action Plan, and how these external responsibilities should be included in the Plan. An optional session may include Committee members attending a City Council work session or general Council meeting. This may involve coordinating individual Committee members to discuss their experiences and perspectives on the recommendations in the Housing Action Plan. Otherwise, a fifth meeting may be included in this process to provide for a more detailed discussion about major issues, or to brainstorm more detailed policy concepts. We will develop materials for each Advisory Committee meeting and facilitate the session to allow City representatives to participate as part of the discussion.The input received at each meeting will be summarized and presented in a memo to the Committee members and the City, and the sessions will be coordinated to align with the conclusions of these respective steps. Note that the input from the Advisory Committee are strictly advisory; the final Housing Action Plan will not require approval from the Committee. Targeted Community Engagement As part of the Community Engagement Plan, we will also identify engagement objectives,audiences, and activities for specific groups in Renton. These activities will focus on: partner meetings interviews focus groups (including the Advisory Committee) intercept surveys Once the Community Engagement Plan is established,we will develop appropriate protocols for community engagement activities. While BERK will design the activities, we will partner with staff and local organizations where this could provide advantages for ongoing relationships. For example, a focus group of low-income renters may be conducted by BERK to ensure participant feedback is not influenced by city staff. As part of facilitating this group,we may also work with Advisory Committee members to actively reach out to the community.This may include a short,two question interview protocol that Advisory Committee members could use to support engagement and then share back what they found. This approach would be particularly useful in identifying the community's current beliefs about housing conditions to help inform ongoing communication needs. We will synthesize feedback from all the community engagement activities in regular"What We Heard" memos suitable for sharing with subregional partners and internal audiences.As part of these short documents, we will highlight how comments are used in guiding the work for ongoing projects. These memos will be compiled into a final report to be provided at the end of the process to document public input. Deliverables Draft and final Community Engagement Plan. Draft and final HAP Advisory Committee terms of reference. Advisory Committee Meeting materials,facilitation and summaries (note that our current budget estimate reflects four meetings). Coordination and attendance of community engagement activities. A final "What We Heard" Report to summarize community and stakeholder feedback. TASK 3 . HOUSING NEEDS ASSESSMENT AND POTENTIAL ACTIONS In Task 3,the Renton Housing Action Plan process will build on the information developed as part of the SHNA and create a specific local needs assessment to address the housing needs of Renton. As a starting point, we will coordinate a meeting with the consultant conducting the SHNA to determine the content of the subregional data to be shared, and the additional needs for analysis and review for Renton.We will have a preliminary discussion with City staff to review these additional needs to define a general scope aligned to the level of effort available for this Task. After preliminary results are made available to the cities, we will review the data from the SHNA and conduct a workshop on early data results with internal stakeholders to identify additional local needs.This would include both quantitative and qualitative information necessary for subsequent analysis,such as additional market or geographic segmenting and new or emerging questions regarding population, employment, and housing characteristics. The additional evaluation will be directed to help the City evaluate potential housing strategies in consideration of local conditions. From this evaluation,we will develop a City Housing Needs Assessment based on the SHNA and Renton-specific demographic, employment, and housing data. This may include further market segmenting, examinations of key neighborhoods or corridors within Renton, and other detailed examinations of housing factors unique to Renton. We will confirm those findings with local knowledge through public engagement activities where possible. As part of this work, we will also develop potential actions, strategies,or policies, including policies which could be included in the Housing Element of the Comprehensive Plan.These actions will be suggested by the gaps identified in this work and directed to help to meet shortfalls in housing for Renton's current and future residents. Deliverables Internal Workshop #1 on the preliminary SHNA, including workshop design,facilitation, and summary. A summary report/memo providing the outcomes from the Renton-specific demographic, employment and/or analyses which supports the outcomes from the public engagement and is developed to supplement the SHNA. This work will be incorporated into the final HAP as a chapter. TASK 4. HOUSING REGULATION AND POLICY REVIEW In this Task,we will develop a Performance Assessment of existing housing policies and programs in Renton, including the Renton Municipal Code and existing zoning. This will be done at a finer level of detail than the subregional work to address the Renton-specific context.This Assessment will evaluate the current conditions for housing development by: Identifying the relevant regulatory constraints to development within individual zoning districts. Determining the general capacity of building sites that could be used to support additional density through development, redevelopment,or infill, as well as opportunities to rehabilitate the existing housing stock. Reviewing records from the City to determine what development occurred and the total development capacity accommodated through these projects. Highlighting areas of concern in the city where development is not occurring as expected,where it may be constrained by regulation or other conditions,or where it does not address current and/or anticipated housing needs.This evaluation will be based on current market statistics, pro forma analysis, and other methods. We will also work to provide possible solutions to any gaps in performance identified through this assessment.This Housing Policy Review would include the specific identification of issues in current policy and regulation that may be affecting these development yields in the city. We will also evaluate relevant City documents and plans related to housing to identify possible policy alternatives for addressing the different housing product needs where there is a gap between the inventory and demand.These policy alternatives will be reviewed as part of engagement with the Advisory Committee and through internal engagement with the City in Task 5. Deliverables A Housing Policy Performance Assessment section for the final HAP. Draft and final versions of the Housing Policy Review section in the final HAP. TASK 5 . RECOMMENDATIONS FOR HOUSING POLICY ACTION Based on the results from Task 4,we will develop a series of recommendations and actions to achieve the overall goals of the city with respect to housing.The initial step in this process will be to coordinate with the Advisory Committee to review the policy options discussed in Task 4 and receive feedback on preferences. Additionally, a second internal workshop will be convened concurrently to review the options and provide input on the preferred alternatives. From the input received through internal and external engagement,we will select a final set of recommended policies to be included in the Housing Action Plan.These policies will be cross-referenced to existing content in other documents and plans that may be amended as part of this process, and will include references to other sections of the report that substantiate the recommendations. In consultation with City staff, we will also create an Implementation Plan to outline how these recommendations can be tarried out by the City.This will include a description of major actions to be taken, as well as responsible parties,expected timing, and resource requirements for carrying out the actions.The final Implementation Plan will also include a proposed schedule for these actions,which may be adjusted as needed by the City. The draft Recommendations and Implementation Plan will be reviewed internally by City staff, and the major elements will be discussed with the Advisory Committee during their final required meeting. As part of the Committee review, we will also work to incorporate potential roles and responsibilities of external stakeholders into the final Plan. Deliverables Internal Workshop #2 on policy recommendations including workshop design, facilitation, and a "What We Heard" summary of outcomes. A draft and final Recommendations report, to be included as a section in the final HAP. A draft and final Implementation Plan,to be included as a section in the final HAP. TASK 6. HOUSING ACTION PLAN At the conclusion of the project, we will develop the Housing Action Plan by compiling the sections developed in all previous Tasks. Summaries of key information from public engagement activities,the City Housing Needs Assessment,the review of existing regulations, recommendations, and Implementation Plan will be edited and incorporated into the final Plan. The final Housing Action Plan will integrate comments from the stakeholders and broader public,the Planning Commission, and City Council into a document ready for adoption. This Task will involve presentations as required to the City Planning Commission and City Council,and supporting presentation materials will be provided to the City prior to these presentations for review. At the conclusion of this project, we will also provide all data and supporting materials to the City project manager to support future work in this area. This will include electronic and hardcopy versions of all project deliverables for archival purposes. Deliverables Draft and final versions of the Housing Action Plan and supporting material. Presentation materials for the presentations to Planning Commission and City Council by BERK staff. Final copies of project data and materials, provided at project close-out. ANTICIPATED PROJECT SCHEDULE The project schedule demonstrates the order of activities and sequence of meetings, similar to the Commerce grant agreement scope and based on the proposed scope. The timing will be updated to accommodate the subregional process and prevent conflicts with other housing projects. 2020 2021 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TASK 1: Kick-Off;Meeting Kick-Off Project Project Approach Management I Ongoing Project Coordination TASK 2: Community Engagement Plan Regional AdvisoryCoordination Stakeholder CommitteeEll ': El Eli Engagement Meetin. Targeted Community Engagement Activities I- TASK 3: Subregional Housing Needs meeting ^ Internal Workshop#1 Assessment& Potential Actions Additional analysis I 1 Performance Assessment Housing Policy TASK 4: I I Performance Assessment Housing Regulation and Evaluate existing programs Policy Review policies Housing Policy Review 1 I Internal Workshop#2 TASK 5: Recommendations for Housing Policy DRAFT Housing Policy Recommendations Action Develop recommendations _ and Implementation Plan DRAFT Implementation Plan i I TASK 6: 1 DRAFT Housing Council Housing Action Action Plan - -Presentation Plan FINAL Housing Action Plan CITY OF RENTON PROPOSAL HOUSING ACTION PLAN COST PROPOSAL We anticipate a total not to exceed $79,980 inclusive of all hourly rates and project expenses. We are flexible in our approach and would be happy to discuss this budget estimate with the City. BERK Consulting Lisa Grueter Andrew Bjorn Dawn Couch Kristin Maidt Additional Staff Principal In Charge&Housing Project Manager Facilitator Analyst Project Support Total Hours and Policy Expert Estimated Cost by Task 2020 Hourly Rate 225 170 160 160 120 Task 1. Project kick-off and ongoing project management Kick-off meeting and project launch 2 4 6 Project approach and timeline 4 Project identity guide 4 4 On-going project management 14 Subtotal 2 18 14 0 4 38 6,230 Task 2-Regional coordination and stakeholder engagement Community Engagement Plan 10 4 Community engagement protocols 4 6 8 Community engagement activities 18 16 Summary of community engagement 8 Advisory Committee invitation,role, and charge 4 2 Advisory Committee Meetings 32 44 12 Subtotal 0 36 82 0 50 168 25,240 Task 3. Housing needs assessment and potential actions Internal Workshop #1 10 12 12 Housing supply and housing need analysis 4 6 36 Subtotal 0 14 18 36 12 80 12,460 111 SUBMITTED • JANUARY 31, 2020 7 CITY OF RENTON PROPOSAL HOUSING ACTION PLAN BERK Consulting Lisa Grueter Andrew Bjorn Dawn Couch Kristin Maidt Additional Staff Principal In Charge&Housing Project Manager Facilitator Analyst Project Support Total Hours and Policy Expert Estimated Cost by Task 2020 Hourly Rate 225 170 160 160 120 Task 4-Housing regulation review Housing Policy Performance Assessment 4 12 4 20 Housing Policy Review 4 16 10 Subtotal 8 28 4 30 0 70 12,000 Task 5-Houisng policy recommendations Internal Workshop #2 2 10 1 2 12 Recommendations 8 4 4 Draft Implemetation Plan 2 6 8 Subtotal 4 18 22 12 12 68 10,840 Task 6.Housing Action Plan Housing Action Plan Report 8 8 8 20 10 Presentation to City Council 1 0 8 5 Subtotal 8 18 16 20 15 77 12,420 Total Estimated Hours 22 132 156 98 93 501 Cost(Hours*Rate)4,950 22,440 24,960 15,680 11,160 79,190 Subtotal Consultant Cost 79,190 Project Expenses @ -1%of project budget 790 Estimated Project Total 79,980 mill SUBMITTED • JANUARY 31, 2020 8