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Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, February 7, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Audience comments will be accommodated through Zoom. Speakers must click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the day of the Council meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for those who wish to speak during public hearings. Registration for Audience Comment Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form • You may also copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • Instructions for Virtual Attendance For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253- 215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Those providing audience comments will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PROCLAMATION a) Lunar New Year Day - February 1, 2022 b) Black History Month - February 2022 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of January 24, 2022. Council Concur b) AB - 3056 City Clerk submits the quarterly list of fully executed contracts & leases between 10/1/2021 - 12/31/2021, and a report of agreements expiring between 1/1/2022 – 6/30/2022. Council Concur c) AB - 3065 City Clerk reports bid opening on January 11, 2022, and submits the staff recommendation to award CAG-21-261, Lift Station and Force Main Rehab Phase 2 (Group 1B) project, to the lowest responsive and responsible bidder, Gary Harper Construction, Inc., in the amount of $518,571. This project will rehabilitate the Baxter, Devil's Elbow, and East Valley lift stations. Council Concur d) AB - 3057 Community & Economic Development Department submits a Grant Award Letter from the Washington State Department of Commerce, to accept $250,000 in grant funds, subject to approval as to form by the City Attorney Department, and upon approval of the grant agreement, to be used for the development of the Rainier/Grady Junction TOD Subarea Plan; and to authorize execution of an agreement with BERK Consulting, Inc., in the amount of $240,000 for assistance in the development of the Rainier/Grady Junction Planned Action Environmental Impact Statement (EIS). Refer to Finance Committee e) AB - 3062 Executive Services Department requests authorization to execute the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) contracts E22-194 and E22-209, in order to accept $77,021 in grant funds for use in support of the Emergency Management division. Council Concur f) AB - 3064 Finance Department requests approval of the targeted allocation of remaining ARPA (American Rescue Plan Act) expenditures in the amount of $11,650,000 to be used for 1) Economic Recovery - support for private sector businesses, 2) Community Response - support for residents, focusing on disadvantaged and disproportionately impacted populations, 3) Health Precautions - COVID responses to reduce the spread of the virus, and 4) City Operations - enhancement of services to increase efficiencies, sustain infrastructure, and provide improvement of City operations. The unallocated amount of $2,383,855 will be held for future consideration. Refer to Finance Committee g) AB - 3059 Parks & Recreation Department - PPNR requests authorization to pay a required Restoration and Permitting (RAP) Conservation Fee, in the amount of $154,176.91 to King County, as part of the permit conditions for the Coulon Park North Water Walk Improvements project. Refer to Finance Committee h) AB - 3066 Public Works Airport recommends approval of Addendum 7-22 to LAG-13-005, lease with The Landing Gear Works, in the amount of approximately $67,589.70 annually, in order to increase their leased square footage at the Airport and to bring lease rates up to market rates. Refer to Transportation (Aviation) Committee i) AB - 3061 Public Works Facilities Division recommends execution of a 20-year lease agreement with New Cingular Wireless, PC at the Highlands Reservoir, effective February 1, 2022 to January 31, 2042. New Cingular Wireless, PC will provide a one-time administration fee of $7,500 and a monthly fee of $2,800 with 3% annual increases. Refer to Finance Committee j) AB - 3063 Public Works Utility Systems Division recommends approval of Amendment #2 to CAG-15-196, interlocal agreement between the City of Renton and 27 other jurisdictions within the Water Resource Inventory Area (WRIA) 8. This amendment allows the City of Everett to participate as a WRIA 8 member. 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) Utilities Committee: BHC Consultants Agreement for Design of the Windsor Hills Utility Improvements Project 8. LEGISLATION 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. EXECUTIVE SESSION a) To discuss labor negotiations pursuant to RCW 42.30.140(4)(b) for approximately 30 minutes. 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 7:00 p.m. - MEETING REMOTELY Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Armando Pavone Mayor Proc[amation 'W/ie.reas, the traditional Chinese Lunar New Year celebration, also known as the Spring Festival, dates back as early as the fourteenth century B.C.; and W/ie.reas, 2022 is the Year of the Tiger, which is a symbol of bravery, c�urage and strength, and those born during the Year of the Tiger are said to be born leaders; and W/ie.reas, the Lunar New Year is celebrated uniquely in many different Asian countries but regardless of the country, culture, religion or ethnicity, the day is a time for family reunions, gatherings, reaffirming bonds and reflection; and 'W/ie.reas, the diverse Asian community in Renton is home for many Asian families that have been here for generations as well as newer Asian immigrants; and W/ie.r�as, the City of Renton, with its rich demographic diversity, beautiful parks, friendly and prosperous businesses, many community services, and excellent schools, has provided a welcoming environment for the Asian community to call Renton their home; !J{pw, t/ie.refore, I, Armon do Pavone, Mayor of the City of Renton, do hereby proclaim February 1, 2022, to be Lunar 'J{g,w Year 'IJag in the City of Renton, and I encourage all members of the community to join me in this special observation. In witness Wfie.reoj, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 7th day of February, 2022. Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov AGENDA ITEM #3. a) ArmondoPavoneMayorWñereas,thebeginningofBlackHistoryMonthwasfirstcalledNegroHistoryWeek,asconceivedandannouncedbyhistorianCarterG.WoodsonandcelebratedduringFebruary1926;and‘14”ñereas,in1976,fiftyyearsafterthefirstcelebration,thenationhadcometorecognizetheimportanceofBlackhistoryintheAmericanstory,andtheweekwasexpandedtoamonth;andWfiereas,confidentthattheirstrugglesmatterinhumanhistory,blackscholars,artists,athletes,faithandcommunityleadersofallageshaveusedtheirtalentstochangehowtheworldviewsAfricanAmericans;and4%iereas,AfricanAmericans,aswellasotherpeopleofAfricandescent,havebeeninfluentialinshapingworldpoliticsanddiplomacy;and‘Wfiereas,AfricanAmericansareestablishingandmaintainingsuccessfulenterprisesinRenton;andW’fiereas,theAssociationfortheStudyofAfricanAmericanLifeandHistory(ASALH)hasselected“BlackHealthandWellness”in2022astheir96thannualNationalBlackHistoryMonththemeacknowledgingnotonlythelegacyofBlackmedicalpractitionersinWesternmedicine,butalsobirthworkers,doulas,midwives,naturopaths,herbalistsandothersthroughouttheAfricanDiaspora;andI44iereas,theCityofRenton,inpartnerhipandcommunicationwithresidents,businesses,andschools,isdedicatedtobuildinganinclusiveinformedcitywithequitableoutcomesforallinsupportofsocial,economic,andracialjustice;andW’fiereas,thecityofRentonhasvideo-tapedandarchivedtheVirtualTourofRenton’sAfricanAmericanHistorialSites;andW’fiereas,theRentonAfricanAmericancommunityandtheCityofRentonarehonoringBlackHistoryMonthwith“BlackHealthandWeilness,”aspecialeventwithspeakersandapaneldialogueonFebruary26,2022at2:00p.m.;Wow,tfierefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimthemonthofFebruary2022tobeWationatcB(ack7fisto’y14ontIIintheCityofRenton,andIencourageallcitizenstojoinmeinlearningmoreabouttherichhistoryofAfricanAmericansduringthisspecialobservance.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis7thdayofFebruary,2022.Armndavone,MayorCityRentn,WashingtonRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonWc.ç.,ProctamationAGENDA ITEM #3. b) Mayor’s Office Memorandum DATE: February 7, 2022 TO: Ryan McIrvin, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • City Hall is open for in-person services at our Finance and Police Counters, Monday through Wednesday, 9 a.m. to 3 p.m. Our Municipal Court counter is open Thursday and Friday, 8:30 a.m. to 4:30 p.m., while hearings are conducted via zoom. Our staff continues to provide (and improve) virtual and online customer services such as our Virtual Permit Counter and our Recreation Programming reservation process. Space is limited in each facility and masks are required when inside a city facility as we follow guidance that protects both you and our employees. For more information, please visit our website. • February is Black History Month and in addition to the City of Renton’s Black History Month Proclamation that will be presented at the February 7 Council meeting at 7 p.m., the following events will be taking place virtually or in-person.  The Association for the Study of African American Life and History has selected the 2022 Black History Month theme of Black Health and Wellness. African Americans Reach and Teach Health (AARTH) is hosting the following events in acknowledgement of this theme. For more information and to register for these events visit www.aarth.org. o February 5, 12:30-1:30 p.m. – Conversations on Black Wellness o February 9 and February 23, 5-6 p.m. – African Dance & Rituals  On Tuesday, February 15 at 1 p.m., the City of Bellevue will be hosting Cultural Conversations – “Story in the Cloth” Quilting Traditions and Practices in the African American Community. To register for this virtual event visit https://cityofbellevue.zoom.us/meeting/register/tJYuduytpj0iHN2a2lm3sFgfS- uCXuWXAAwW.  Northwest African American Museum is hosting The Past, Present and Future of Black History moderated by Dr. Quintard Taylor of the University of Washington with keynote speaker Lonnie Bunch III, secretary of The Smithsonian Institution. AGENDA ITEM #4. a) Ryan McIrvin, Council President Members of Renton City Council Page 2 of 3 February 7, 2022 This event will be held on Thursday, February 17, at 5 p.m. For more information and to register for this virtual event, visit https://www.naamnw.org/2022-black- history-month-keynote-program.  The Renton African American community and the City of Renton will co-host a Black History Month celebration on Saturday, February 26, from 12-2 p.m. Planning is still in progress and more information will be available soon. • Renton History Museum is hosting two new exhibits through February 11, 2022. The Annual Art Show of the Brain Injury Alliance of Washington is in the main gallery, featuring 23 pieces by 22 artists. These works demonstrate the healing power of creativity. Also in the main gallery is Life on the Rivers, an exhibit that explores the central role of the Black and the Cedar Rivers in the lives of Renton’s earliest residents, the Duwamish People, and the white settlers who came later. Renton History Museum is located at 235 Mill Ave. S.; hours are Wednesday through Friday, 10 am to 4 pm. • On Saturday, February 12, stop by Northwest Share Free Vegetarian Food Truck from 12-2pm to enjoy a free lunch. The food truck will be located at Renton Chamber of Commerce, 625 South 4th Street. Upcoming lunch distributions are scheduled for March 26, April 16, and May 7. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Monday, February 7 through Friday, February 11, 8:30 am to 3:00 pm. Single intermittent lane closures on Lind Avenue SW at NE 27th Street due to utility construction. Questions may be directed to Joel McCann, 425-757-9595.  Williams Avenue South and Wells Avenue South Conversion Project: Impacts to traffic will continue throughout this area on South 2nd Street, South 3rd Street, Wells Avenue South, Williams Avenue South, Burnett Avenue South, and Houser Way South. Wells Avenue South and Williams Avenue South conversion to two-way traffic is scheduled for President’s Day weekend (2/17-2/21), weather permitting. The actual day of conversion will be weather dependent. Reader boards, social media outreach, and in-person notification will begin the week of 2/7. Please visit the project webpage at https://rentonwa.gov/ww for more information. AGENDA ITEM #4. a) Ryan McIrvin, Council President Members of Renton City Council Page 3 of 3 February 7, 2022  Downtown Utility Improvement Project. Several roadway closures and detours are required between now and project completion in 2022. For more information on current upcoming road closures and traffic impacts or to sign up for email or text alerts visit the project website at https://rentonwa.gov/duip.  On-going Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support the Solera Development Project (LUA20- 000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) January 24, 2022 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, January 24, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM. ROLL CALL Councilmembers Present: Ryan McIrvin, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 (All councilmembers attended remotely) Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Alex Tuttle, Senior Assistant City Attorney Jason Seth, City Clerk Judith Subia, Council Liaison April Alexander, Executive Assistant Kristi Rowland, Deputy Chief Administrative Officer Chip Vincent, Community & Economic Development Administrator Martin Pastucha, Public Works Administrator Kari Roller, Finance Department Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Kelly Beymer, Parks & Recreation Department Administrator Kim Gilman, HR Labor Manager Amanda Askren, Interim Community & Economic Development Director Maryjane Van Cleave, Communications & Engagement Director AGENDA ITEM #6. a) January 24, 2022 REGULAR COUNCIL MEETING MINUTES Ron Strake, Public Works Utility Systems Director Vanessa Dolbee, Planning Director Young Yoon, IT Director Deb Needham, Emergency Management Director Angie Mathias, Long Range Planning Manager Clark Close, Senior Planner Russ Woodruff, Capital Projects Coordinator Chief Jon Schuldt, Police Department Administrator Commander Lance Gray, Police Department (All City staff attended remotely except City Clerk Seth) ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2021 and beyond. Items noted were: • On January 5, 8, 14 and 15, the Solid Waste Utility division, working with Republic Services, provided garbage drop-off events for customers who did not have solid waste picked up due to the last week of December’s snowstorm and the Republic Services strike on January 12 through 15. These drop-off events collected over 50 tons of garbage and served over 1,900 customers. The snowstorm and the drivers' strike prevented regular solid waste collection by Republic Services, but those collections were recovered by Friday, January 21. For any customer whose collections have been missed and have not yet been collected by Republic Services, please contact Republic Services at 206-777-6440. • Renton History Museum has received a grant of $13,000 from the Eda and Teresa Pozzobon Fund (Renton Regional Community Foundation), which supports immigrant women and children in the Greater Renton area. The Pozzobons were twin sisters of Italian descent and lifetime Renton residents whose parents were both Italian immigrants. This grant supports Renton History Museum’s research and programming around the rich history of immigration and refugees in Renton history. This includes a recent exhibit of refugee portraits, When You Can’t Go Home, and research into American-born women expatriated in the 1920s through the 1940s after marrying immigrant men. The museum is a joint project of the Renton Historical Society, an educational 501(c)3, and the City of Renton. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Ian Taylor, Renton, speaking on behalf of Moms Demand Action for Guns Sense, applauded the Mayor's effort to pause King County's implementation of the Restorative Community Pathways program. However, he stated that he supports the program and hopes that the Mayor, and other Mayors, will eventually support the program that diverts first-time offenders from entering the prison system. AGENDA ITEM #6. a) January 24, 2022 REGULAR COUNCIL MEETING MINUTES • Leo Flor, King County, speaking on behalf of the King County Department of Community and Human Services, spoke in favor of Resolution 4461, which authorizes a development agreement between Renton and King County for a permanent supportive housing site located on Oakesdale Ave SW. • Laura Meyer, Renton, speaking on behalf of Moms Demand Action for Gun Sense, asked that the Mayor take another look at King County's Restorative Community Pathways program because it offers a more holistic approach to justice for juvenile offenders. • Andrew Lana, Renton, spoke enthusiastically about Hazen High School's robotics program, noting that it teaches students career skills such as Computer-Aided Drafting, metalworking, and computer programming. He also noted that the program is mostly student led. Mayor Pavone noted for the record that although the City supports the goals of the Restorative Community Pathways program, King County needs to collaborate more with local mayors and police chiefs in order for it to be successful. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of January 10, 2022. Council Concur. b) AB - 3043 Executive Department recommended approval of a Small Works Contract Agreement Using State Master Contract #03418, with Avidex Industries, LLC, in the amount of $297,217.71, for the provision and installation of Audio/Visual hardware, accessories, and required peripherals and services needed to upgrade the audio, visual, and broadcasting equipment in Council Chambers and City Hall. Council Concur. c) AB - 3051 Parks & Recreation Department recommended approval of Amendment 3 to the 2020 Washington State Department of Health Supplemental Nutrition Assistance Program (SNAP) Incentive agreement, in order to accept an additional $27,500 in grant funding for the 2022 Renton Farmers Market season. Refer to Finance Committee. d) AB - 3054 Public Works Facilities Division recommended approval of an agreement with Mackenzie Engineering, Inc., in the amount of $187,572, for tenant improvements for the 7th Floor of City Hall. Refer to Finance Committee. e) AB - 3052 Public Works Transportation Systems Division submitted the Renton Elementary and Middle School Crossings Project (CAG-20-150), with PGH Excavating, Inc., and requested acceptance of the project and authorization to release the contract bond after 60 days once all State releases have been received. Council Concur. f) AB - 3053 Public Works Utility Systems Division recommended approval of an agreement with BHC Consultants, in the amount of $702,491, for design and related services for the development of plans and other documents for the Windsor Hills Utility Improvement project. Refer to Utilities Committee. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. AGENDA ITEM #6. a) January 24, 2022 REGULAR COUNCIL MEETING MINUTES UNFINISHED BUSINESS a) Committee of the Whole Chair McIrvin presented a report concurring in the staff recommendation to execute the Operating Agreement between the Renton School District and the City of Renton and the Sub-Operating Agreement between HealthPoint and the City of Renton for the programming and operation of the Family First Community Center upon completion of construction. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $15,436,149.00 for vouchers, 10401-10402, 10404, 10406-10409, 397425-397435, 397444, 397445-397700; payroll benefit withholding vouchers 6744-6754, 397436-397443 and 4 wire transfers. 2. Payroll – total payment of $1,654,834.22 for payroll vouchers that include 597 direct deposits and 3 checks. (12/16/21-12/31/21 pay period). 3. Municipal Court vouchers 017945-017961, 017963-017973 totaling $18,353.10. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the resolution to enter into an Interagency Agreement with the Washington State Department of Commerce, Growth Management Services for the Housing Action Plan Implementation (HAPI) Grant to Implement an Existing Housing Action Plan and authorize the Mayor and City Clerk to execute the agreement in substantially the same form. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the execution of the grant agreement with the Department of Commerce to accept the $490,000 in grant funds and apply them toward the Renton Trail Connector project. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the contract agreement with Main Street Renton dba Renton Downtown Partnership in the amount of $260,000 to support efforts to apply and obtain designation as a Washington State Main Street community. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize the Renton Municipal Court to enter into a two-year grant agreement with the Administrative Office of the Courts to support the functions of the Renton Municipal Community Court Coordinator and for additional support services of the Renton Community Court. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #6. a) January 24, 2022 REGULAR COUNCIL MEETING MINUTES g) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to award the Family First Community Center construction contract (CAG-21-180) to the lowest responsive and responsible bidder, Comer GC, Inc., in the amount of $12,474,330. Sealed bids for the project were opened on December 8, 2021. The bid opening met the following Council criteria: 1) There was more than one bid submitted, 2) The lowest responsive and responsible bid was within the proposed project budget, and 3) There were no irregularities with the lowest responsive and responsible bid. The Committee further recommended that (1) the Mayor and City Clerk be authorized to execute the construction contract with Comer GC, Inc. after related lease agreements with the Renton School District are executed and (2) additional appropriations for the Family First Community Center project in the amount of $12,5332,837 be approved and appropriated in the Q1 2022 carryforward budget adjustment. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. h) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the Award of Bid for the Highlands to Landings Pedestrian Lighting Project Phase II to Colvico, Inc. in the amount of $330,490.83, and to authorize the transfer of $190,292 from 317 Fund Balance to project account 317.122901.015.595.30.63.001 (Construction) at the 2022 Q1 Budget Adjustment. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION a) Resolution No. 4460: A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal agreement with the Washington State Department of Commerce for a Housing Action Plan Implementation (HAPI) grant to implement an existing Housing Action Plan. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. b) Resolution No. 4461: A resolution was read authorizing the Mayor and City Clerk to execute a Development Agreement between the City of Renton and King County, a Washington Home Rule Charter County, for a Permanent Supportive Housing site on Oakesdale Ave SW. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinance for second and final reading: c) Ordinance No. 6054: An ordinance was read amending Section 8-1-10 of the Renton Municipal Code, establishing the Solid Waste Collection Services rates starting April 1, 2022 for all customer classes, providing for severability, and establishing an effective date. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. AGENDA ITEM #6. a) January 24, 2022 REGULAR COUNCIL MEETING MINUTES ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:34 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 24 Jan 2022 AGENDA ITEM #6. a) Council Committee Meeting Calendar January 24, 2022 January 31, 2022 Monday 5th Monday – No Meetings February 1, 2022 Tuesday 3:30 PM Utilities Committee, Chair Alberson – VIDEOCONFERENCE 1. BHC Consultants Agreement for Design of the Windsor Hills Utility Improvements Project 2. Emerging Issues in Utilities 4:30 PM Community Services Committee, Chair Rivera – VIDEOCONFERENCE 1. Bond Projects Update CANCELED Transportation Committee, Chair Văn February 7, 2022 Monday 5:00 PM Public Safety Committee, Chair Perez – VIDEOCONFERENCE 1. Current DEI Initiatives 2. Emerging Issues in Public Safety 6:00 PM Committee of the Whole, Chair McIrvin – VIDEOCONFERENCE 1. CED 2021 Year End Review 7:00 PM Council Meeting – VIDEOCONFERENCE AGENDA ITEM #6. a) AB - 3056 City Council Regular Meeting - 07 Feb 2022 SUBJECT/TITLE: 4th Quarter 2021 Contract Report RECOMMENDED ACTION: Council Concur DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: Fully executed in fourth quarter 2021 were 112 contracts & leases, 96 addenda, 42 change orders, and 55 are highlighted as being over 10% and/or $100,000 of original amount. The six-month expiration report shows 118 agreements that will expire between January 1, 2022 – June 30, 2022. EXHIBITS: A. Contracts, fully executed between October 1, 2021 – December 31, 2021 B. Contracts expiring between January 1, 2022 – June 30, 2022 STAFF RECOMMENDATION: None - Information Only. AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Airport CAG-20-092 Widener & Associates - Support Services to relieve the flood caused blockage of the Seaplane Base at the City of Renton Municipal Airport $74,573 $74,573 P 4/28/2020 12/31/2021 Contractor: (091851) COWLING & CO LLC Number DateType DescriptionAmount Adden- 10-14-2021- BUSINESS NAME CHANGE TO Cowling dba Widener & Associates per 10-14-2021 email - Provide Permitting Support Services to Relieve the Flood Caused Blockage of the Seaplane Base $0Addendum10/1/4202 CAG-21-184 Road Construction NW - 2021 Runway PCC Panel Repair Project $448,393 $510,329 P 9/15/2021 12/31/2021 Contractor: (068803) ROAD CONSTRUCTION NW INC Number DateType DescriptionAmount CO #1-21 - Road Construction NW - 2021 Runway PCC Panel Repair Project (New Expiration Date: 12/31/2021) $61,936Change CO #1-21 11/17/2021 CO #2-21 - Road Construction NW - 2021 Runway PCC Panel Repair Project - after demo - on-site changes required (New Expiration Date: 12/31/2021) $22,595Change CO #2-21 12/9/2021 CAG-21-232 Material Testing & Consulting - Small Works Testing - Concrete Testing $5,040 $5,040 P 10/1/2021 1/31/2022 Contractor: (047590) MATERIALS TESTING & CONSULTING 10/1/2021 CAG-21-251 Aviation Management Consultant Group - Professional Services Agreement for Appraisal Services $28,250 $28,250 P 10/22/2021 3/31/2022 Contractor: (007012) AVIATION MANAGEMENT CONSULTING 10/22/2021 CAG-21-285 ADK Consulting - Provide Candidate pool development for the airport division $15,000 $15,000 P 12/7/2021 1/7/2022 Contractor: (000911) ADK CONSULTING INC 12/7/2021 BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-21-198 All Around Fence Co. - Small Works Contract - 3-Strands of Barbwire $13,719 $13,719 P 7/28/2021 11/11/2021 Contractor: (001858) ALL AROUND FENCE CO 7/28/2021 CAG-21-201 All Around Fence Co. - Airport Fence Repair $4,598 $4,598 P 8/9/2021 10/9/2021 Contractor: (001858) ALL AROUND FENCE CO 8/9/2021 CAG-21-223 NORPAC Property Solutions - Professional Services Contract - Custodial - Maintenance Building $16,860 $16,860 P 9/20/2021 12/31/2024 Contractor: (055844) NORPAC PROPERTY SOLUTIONS 9/20/2021 CAG-21-224 NORPAC Property Solutions - Professional Services Contract - Custodial - Airport Building $33,750 $33,750 P 9/20/2021 12/31/2024 Contractor: (055844) NORPAC PROPERTY SOLUTIONS 9/20/2021 7 $117,217 1 $0 2 $84,531 7 $117,217 1 $0 2 $84,531 Change Addendum New TotalPayablesAirport Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 1 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration 10 $201,747 10 $201,747 Total TotalPayables \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 2 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration CED \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 3 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration CED CAG-19-288 KPG - Downtown Core Streetscape Engineering Consultant Agreement $294,216 $471,010 P 10/1/2019 12/31/2021 Contractor: (042772) KPG INC Number DateType DescriptionAmount Adden #3-21 - Downtown Core Streetscape: Supplement #3 (New Expiration Date: 12/31/2021) $48,728Addendum Adden #3-21 11/2/2021 CAG-20-143 R.W. Scott Construction - downtown streetscape project is nearing its 100% design completion $839,370 $919,161 P 1/28/2021 12/31/2021 Contractor: (071670) RW SCOTT CONSTRUCTION CO Number DateType DescriptionAmount CO #3-21 - RW Scott Constrution - Change Order #3 (New Expiration Date: 12/31/2021) $68,435ChangeCO #3-21 11/2/2021 CAG-20-253 Razor Planet Inc - SMALL BUSINESSES GRANT $10,000 $10,000 P 8/26/2020 12/31/2021 Contractor: (115805) RAZOR PLANET INC Number DateType DescriptionAmount Adden #1-21 - Parametrix, Inc. - Time Extension only- Expiration date was not entered. (New Expiration Date: 12/31/2026) $0Change Adden #1-21 11/15/2021 POSTED A SUPPLEMENTAL TO THE INCORRECT CONTRACT IN EDEN - SHOULD HAVE BEEN CAG-20-353 Adden #1-21 - Parametrix, Inc. - Time Extension only- Expiration date was not entered. (New Expiration Date: 12/31/2021) $0Change11/15/2021 CAG-21-147 Alexander Codd - Agreement for design and implementation of mural at Liberty Park $5,000 $6,487 P 6/8/2021 12/31/2021 Contractor: (001778) ALEXANDER CODD Number DateType DescriptionAmount Adden #1-21 - Alexander Codd - Amendment to include anti-graffiti coating on mural at Liberty Park (New Expiration Date: 12/31/2021) $1,487Addendum Adden #1-21 11/5/2021 CAG-21-241 Cascadia Consulting Group, Inc - Consultant agrees to provide and assist in the Clean Economy Strategy update as described in Exhibit A for $186,800. $186,800 $186,800 P 10/13/2021 4/30/2023 Contractor: (014287) CASCADIA CONSULTING GROUP INC Minority Owned, Disadvantaged Business, Women Owned 10/13/2021 CAG-21-242 Managing Dynamics - Communication coaching for two CED employees and related materials, 15 hours each for a total of $6,270 $6,270 $6,270 P 10/18/2021 10/15/2022 Contractor: (046709) MANAGING DYNAMICS LLC Women Owned 10/18/2021 CAG-21-260 Northwest Entertainment Alliance dba King Con - LTAC funding for 2021 KingCon NW event $25,000 $25,000 P 11/5/2021 12/31/2021 Contractor: (066951) NW ENTERTAINMENT FOUNDATION 11/5/2021 CAG-21-266 Colpitts Sunset LLC - Agreement to issue a Conditional Certificate of Acceptance of Tax Exemption $0 $0 M 11/17/2021 8/9/2024 Contractor: UNKNOWN VENDOR 11/17/2021 CAG-21-278 AmPowering - LTAC funding for North American Fashion Week $20,000 $20,000 P 12/10/2021 12/31/2021 Contractor: (048821) MENKA SONI Women Owned 12/10/2021 CAG-21-279 AmPowering - LTAC funding for 2021 Womens Show $20,000 $20,000 P 12/10/2021 12/31/2021 Contractor: (048821) MENKA SONI Women Owned 12/10/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 4 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration CED CAG-21-280 AmPowering - LTAC funding for the 2021 Diwali Ball Festival of Lights $20,000 $20,000 P 12/10/2021 12/31/2021 Contractor: (048821) MENKA SONI Women Owned 12/10/2021 CAG-21-281 AmPowering - RMAC funding for 2021 North American Fashion Week $10,000 $10,000 P 12/8/2021 12/31/2021 Contractor: (048821) MENKA SONI Women Owned 12/8/2021 CAG-21-287 Equinox Art & Design (Marsha Rollinger) - Mural design & implementation for downtown trestle mural public art project $7,633 $7,633 P 12/13/2021 12/31/2021 Contractor: (047100) MARSHA L ROLLINGER Women Owned 12/13/2021 CAG-21-294 2nd Time Around LLC - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (115734) 2ND TIME AROUND LLC 12/20/2021 CAG-21-295 AASS LLC cba La Hacienda Santa Fe - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (117773) LA HACIENDA SANTA FE 12/20/2021 CAG-21-296 Antiques 4U - Small Business Resiliency Grant Program $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (005108) ANTIQUES 4U 12/20/2021 CAG-21-297 Bet Boon Inc dba Boon Boona Coffee - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (113636) BOON BOONA COFFEE Minority Owned 12/20/2021 CAG-21-298 DPAD Retro Gaming - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (115754) DPAD RETRO GAMING 12/20/2021 CAG-21-299 Four Generals Brewing - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (027192) FOUR GENERALS BREWING LLC Women Owned 12/20/2021 CAG-21-300 Innoden LLC - Small Business Resiliency Grant Program $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (118784) INNODEN LLC 12/20/2021 CAG-21-301 Jack & Jill Nails Boutique - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (115774) JACK & JILL NAILS BOUTIQUE 12/20/2021 CAG-21-302 Naan-N-Curry - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (115792) NAANNCURRY 12/20/2021 CAG-21-303 Ping Ping LLC dba Smoking Monkey Pizza - Small Business Resiliency Grant Program $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (118782) PING PING LLC Minority Owned, Women Owned 12/20/2021 CAG-21-304 Rice-N-Curry - Small Business Resiliency Grant Program $7,500 $7,500 P 12/20/2021 1/31/2022 Contractor: (118785) RICE N CURRY LLC Minority Owned, Disadvantaged Business, Women Owned 12/20/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 5 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration CED CAG-21-310 K-Shift dba AssetLab - website hosting and annual maintenance $9,731 $9,731 P 12/7/2021 12/31/2021 Contractor: (042980) ASSETLAB MARKETING 12/7/2021 CAG-21-311 Deborah Natelson dba Liberty Cafe - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (117758) LIBERTY CAFE 12/20/2021 CAG-21-312 Empower Health dba Fortified Fitness - Small Business Resiliency Grant Program $7,500 $7,500 P 12/21/2021 12/31/2021 Contractor: (115759) FORTIFIED FITNESS Minority Owned 12/21/2021 CAG-21-313 Anselmo Milanes Rosales dba Taqueria El Gym - Small Business Resiliency Grant Program $7,500 $7,500 P 12/21/2021 12/31/2021 Contractor: (118783) ANSELMO MILANES 12/21/2021 CAG-21-314 STP Pubs dba 8 Bit Arcade - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (117769) STP PUBS LLC 12/20/2021 CAG-21-315 STP Pubs dba The Local 907 - SMALL BUSINESS RESILIENCY REIMBURSEMENT GRANT FUND PROGRAM $7,500 $7,500 P 12/20/2021 12/31/2021 Contractor: (117769) STP PUBS LLC 12/20/2021 CAG-21-318 BHC Consultants, LLC - Consultant agrees to provide structural and non-structural plan review services, verifying compliance to current City Code. $25,000 $25,000 P 12/20/2021 12/31/2022 Contractor: (009510) BHC CONSULTANTS LLC 12/20/2021 CAG-21-321 Miyake Corporation dba New Zen Japanese Restaurant - Small Business Resiliency Grant Program $7,500 $7,500 P 12/28/2021 12/31/2021 Contractor: (115793) MIYAKE CORPORATION / NEW ZEN 12/28/2021 CAG-21-322 Renton Civic Theatre - Small Business Resiliency Grant Program $7,500 $7,500 P 12/28/2021 12/31/2021 Contractor: (066952) RENTON CIVIC THEATER 12/28/2021 CAG-21-323 St. charles Place Antiques - Small Business Resiliency Grant Program $7,500 $7,500 P 12/28/2021 12/31/2021 Contractor: (101143) ST. CHARLES PLACE ANTIQUES 12/28/2021 CAG-21-324 Sweet P Beauty - Small Business Resiliency Grant Program $7,500 $7,500 P 12/28/2021 12/31/2021 Contractor: (115825) SWEET P BEAUTY 12/28/2021 CAG-21-325 Chill 425 Corporation - Small Business Resiliency Grant Program $7,500 $7,500 P 12/28/2021 12/31/2021 Contractor: (115743) CHILL 425 CORP 12/28/2021 CAG-21-326 Gandalf Inc dba Cedar River Smokehouse - Small Business Resiliency Grant Program $7,500 $7,500 P 12/29/2021 12/31/2021 Contractor: (110638) CEDAR RIVER SMOKEHOUSE 12/29/2021 CAG-21-327 Yoga College of India-Renton, Inc dba Hot Yoga Renton - Small Business Resiliency Grant Program $7,500 $7,500 P 12/29/2021 12/31/2021 Contractor: (115174) HOT YOGA RENTON Women Owned 12/29/2021 CAG-21-328 Vino 1 Corp dba Marianna Ristorante - Small Business Resiliency Grant Program $7,500 $7,500 P 12/30/2021 12/31/2021 Contractor: (118864) MARIANNNA RISTORANTE Minority Owned 12/30/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 6 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration CED CAG-21-329 Ascendance Pole & Aerial Arts -Small Business Resiliency Grant Program $7,500 $7,500 P 12/30/2021 12/31/2021 Contractor: (005929) ASCENDANCE POLE & AERIAL ARTS Women Owned 12/30/2021 BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-21-012 BHC Consulting - Plan Review/Inspection Services $5,000 $30,000 P 1/8/2021 12/31/2021 Contractor: (009510) BHC CONSULTANTS LLC Number DateType DescriptionAmount Adden #2-21 - BHC Consulting - Adding $10,000 to contract total for field inspections on building permits (New Expiration Date: 12/31/2021) $10,000Addendum Adden #2-21 8/23/2021 35 $517,934 3 $60,215 3 $68,435 41 $646,584 1 $0 0 $0 0 $0 1 $0 36 $517,934 3 $60,215 3 $68,435 42 $646,584 Total Change Addendum New TotalMiscellaneousPayablesCED Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 7 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Community Services \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 8 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Community Services CAG-19-019 Baylis Architects - Architect for Family First Community Center $1,239,097 $1,307,107 P 1/23/2019 9/30/2023 Contractor: (008187) BAYLIS ARCHITECTS Number DateType DescriptionAmount Adden #3-21 - Baylis architects - amendment 4 to PSA (New Expiration Date: 09/30/2023) $43,396Addendum Adden #3-21 11/10/2021 CAG-19-060 Youth and Amateur Sports Grant - Family First Community Center - Gymnasium Costs $20,000 $20,000 R 1/1/2017 12/31/2022 Contractor: UNKNOWN VENDOR Number DateType DescriptionAmount Adden #2-21 - King County Youth & Amateur Sports Grant - time extension for Family First Community Center (Gym) (New Expiration Date: 12/31/2022) $0AddendumAdden #2-21 12/21/2021 CAG-19-061 King County Parks - Youth and Amateur Sports Grant - Family First Community Center - Project Costs $55,000 $55,000 R 1/1/2018 12/31/2022 Contractor: UNKNOWN VENDOR Number DateType DescriptionAmount Adden #3-21 - King County - Youth & Amateur Sports Grant - time extension for Family First Community Center (Project costs) (New Expiration Date: 12/31/2022) $0Addendum Adden #3-21 12/21/2021 CAG-19-269 Davey Tree Expert Company - 2019 On-Call Tree Maintenance $35,000 $105,000 P 9/16/2019 12/31/2021 Contractor: (020110) THE DAVEY TREE EXPERT COMPANY Number DateType DescriptionAmount Adden #6-21 - Davey Tree Expert Company - additional on-call Tree Maintenance Work ($5,350.86 already included in contract) (New Expiration Date: 12/31/2021) $0Addendum Adden #6-21 12/14/2021 Adden #7-21 - Davey Tree Expert Company - additional on-call Tree Maintenance Work ($6,024.67 already included in contract) (New Expiration Date: 12/31/2021) $0Addendum Adden #7-21 12/14/2021 CO #3-21 - Davey Tree Expert Company - 2022 On-Call Tree Maintenance Agreement Renewal 2 (New Expiration Date: 12/31/2022) $35,000Change CO #3-21 12/16/2021 CAG-19-271 Trelstad Tree Service LLC - 2019 On-Call Tree Maintenance $35,000 $105,000 P 9/17/2019 12/31/2022 Contractor: (082475) TRELSTAD TREE Number DateType DescriptionAmount CO #3-21 - Trelstad Tree - 2022 On-Call Tree Maintenance Agreement Renewal 2 (New Expiration Date: 12/31/2022) $35,000Change CO #3-21 12/16/2021 CAG-19-360 Hough Beck & Baird - Design & construction admin support for Philip Arnold Park site improvements $392,829 $445,181 P 12/12/2019 6/1/2023 Contractor: (035300) HOUGH BECK & BAIRD INC Disadvantaged Business, Women Owned Number DateType DescriptionAmount Adden #2-21 - HBB Landscape Architecture (Hough Beck & Baird Inc) - additional professional design services for Philip Arnold Park site improvements (New Expiration Date: 06/01/2023) $4,557Addendum Adden #2-21 11/10/2021 CAG-20-009 WSP USA, Inc - Design & Construction Admin Services for Coulon Memorial Beach Park Trestle Bridge Replacement $341,400 $361,700 P 1/13/2020 5/31/2023 Contractor: (060557) WSP USA INC Number DateType DescriptionAmount Adden #4-21 - WSP USA, Inc - time extension (New Expiration Date: 05/31/2023) $0AddendumAdden #4-21 11/3/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 9 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Community Services CAG-20-012 The First Tee of Greater Seattle - Youth Golf Clinics at Maplewood Driving Range $2,700 $7,500 R 1/10/2020 6/30/2022 Contractor: UNKNOWN VENDOR Number DateType DescriptionAmount Adden #2-21 - The First Tee - Covid-19 Operational Plan, TFT Winter Clinic Series and time extension ($4800 rev) (New Expiration Date: 06/30/2022) $4,800Addendum Adden #2-21 12/14/2021 CAG-20-101 McKinstry-ESCO - Design & construction to retrofit existing building systems for energy efficiency $130,115 $2,589,882 P 6/22/2020 12/21/2023 Contractor: (048353) MCKINSTRY ESSENTION LLC Number DateType DescriptionAmount CO #5-21 - McKinstry - revisions to ESCO phase 2 Scope of work$93,225Change CO #5-21 11/29/2021 CAG-20-488 School's Out Washington - After school programs for youth - Best Start for Kids, STREAM Team at Highlands Neighborhood Center ($174,005 REV) $174,005 $174,005 R 12/14/2020 1/31/2022 Contractor: (6606) SCHOOLS OUT WASHINGTON Number DateType DescriptionAmount Adden #1-21 - School's Out Washington - time extension (New Expiration Date: 01/31/2022) $0Addendum Adden #1-21 12/29/2021 CAG-21-140 Greene Gasaway Architects - Architectural Design Services $20,000 $20,000 P 5/24/2021 12/31/2021 Contractor: (026569) GREENE GASAWAY ARCHITECTS Number DateType DescriptionAmount Adden #1-21 - Greene Gasaway architects - additional scope and time extention (New Expiration Date: 12/31/2021) $12,510Addendum Adden #1-21 12/23/2021 CAG-21-211 King county Library System (KCLS) - Story Walk Display at Liberty Park $0 $0 M 9/1/2021 11/1/2021 Contractor: UNKNOWN VENDOR Number DateType DescriptionAmount Adden #1-21 - King county Library System (KCLS) - Adding location and extending dates for Story Walk at Sunset Neighborhood Park (New Expiration Date: 11/01/2021) $0Addendum Adden #1-21 10/1/2021 CAG-21-233 Afterglow Fitness, LLC - fitlot - Provide fitness classes for the community involving 45-60min of circuit training and demonstration of fitness equipment $11,000 $11,000 P 10/1/2021 9/1/2022 Contractor: (001128) AFTERGLOW FITNESS LLC Women Owned 10/1/2021 CAG-21-234 Provide fitness classes and orientations on how to utilize new fitness equipment $34,999 $34,999 P 10/1/2021 9/1/2022 Contractor: (001128) AFTERGLOW FITNESS LLC Women Owned 10/1/2021 CAG-21-235 Allied roofing Installation Services, llc. - Gutter and Downspout Replacement at the Facilities shop $9,909 $9,909 P 10/5/2021 12/1/2021 Contractor: (001950) ALLIED ROOFING INSTALLATION 10/5/2021 CAG-21-237 Wiss, Janney, Elstner Associates, Inc. - Conduct a thorough investigation to find out the root cause of the structural issue of the Liberty Park Grandstand $9,359 $9,359 P 10/5/2021 1/1/2022 Contractor: (092465) WISS JANNEY ELSTNER ASSOCIATES 10/5/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 10 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Community Services CAG-21-238 Native Green Landscapes - Repair/Replace the Decking at the Senior center 2nd floor Outdoor Decks. $15,482 $15,482 P 10/5/2021 3/30/2022 Contractor: (053120) NATIVE GREEN LANDSCAPES 10/5/2021 CO #1-21 - Native Green Landscapes - Repair to building damage not visible during the initial job walk through (New Expiration Date: 03/30/2022) $20,491Change CO #1-21 12/20/2021 CAG-21-240 Root Cause, LLC - 2021 Fall Tree Planting $18,651 $18,651 P 10/11/2021 12/3/2021 Contractor: (069175) ROOT CAUSE LLC 10/11/2021 CAG-21-244 Landau Associates, Inc - Level 1 Environmental Assessment - Perelli Parcel 722400200 $6,800 $6,800 P 10/18/2021 1/31/2022 Contractor: (043313) LANDAU ASSOCIATES INC Number DateType DescriptionAmount Adden #1-21 - Landau & Associates - time extension (New Expiration Date: 01/31/2022) $0Addendum Adden #1-21 12/13/2021 CAG-21-248 NW Playground Equipment - Kennydale Beach Park Playground Replacement $134,149 $134,149 P 10/22/2021 5/1/2022 Contractor: (056742) NW PLAYGROUND EQUIPMENT INC 10/22/2021 CAG-21-249 Servpro of Renton - LEAD ABATEMENT - 200 MILL BUILDING $33,915 $33,915 P 10/22/2021 3/22/2022 Contractor: (073869) SERVPRO OF RENTON Minority Owned, Disadvantaged Business, Women Owned 10/22/2021 CAG-21-254 Skyhawks Sports Academy - Summer Daycamps to provide life skills through sports (rev TBD) $0 $0 P 10/22/2021 9/30/2022 Contractor: UNKNOWN VENDOR 10/22/2021 CAG-21-257 King County Community Development - CDBG 2021 Agreement - Term: 1/1/2021-12/31/2021 $72,978 $72,978 R 10/29/2021 12/31/2021 Contractor: UNKNOWN VENDOR 10/29/2021 CAG-21-262 Merina+Co - Consulting services to assess Recreation Division's finance operations, functions, policies and procedures $54,500 $54,500 P 11/10/2021 4/30/2022 Contractor: (048807) MERINA & COMPANY LLP Women Owned 11/10/2021 CAG-21-267 WA State Recreation & Conservation Office - LWCF Grant Agreement for Coulon Trestle Bridge Project ($500,000 rev) $500,000 $500,000 R 11/15/2021 12/31/2024 Contractor: UNKNOWN VENDOR 11/15/2021 CAG-21-271 Flemings Holiday Lighting - Installation, maintenance & removal of holiday lights at Coulon Beach Memorial Park, Piazza Park, Clock Tower and Downtown light poles $71,742 $71,742 P 11/30/2021 1/31/2022 Contractor: (026563) FLEMINGS HOLIDAY LIGHTING LLC 11/30/2021 CAG-21-272 Applied Ecology - Vegetation management along Cedar River Trail $17,638 $17,638 P 11/28/2021 2/28/2022 Contractor: (005221) APPLIED ECOLOGY LLC 11/28/2021 CAG-21-274 BuDu Racing LLC - Professional Race Timing for K9 Candy Cane 5K Fun Run $2,500 $2,500 P 11/29/2021 12/5/2021 Contractor: (012130) BUDU RACING LLC Women Owned 11/29/2021 CAG-21-282 WA Dept of Commerce - the 2019 Local & Community Projects Program Grant for Family First Community Center (REV: $1,455,000.00) $1,455,000 $1,455,000 R 12/14/2021 6/20/2023 Contractor: UNKNOWN VENDOR 12/14/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 11 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Community Services CAG-21-284 Solera LLC - Multi-Family Housing Property Tax Exemption Agreement $0 $0 M 12/14/2021 12/31/2036 Contractor: UNKNOWN VENDOR 12/14/2021 CAG-21-293 Absco Alarms, Inc - Surveillance Camera Project $16,167 $16,167 P 12/16/2021 2/28/2022 Contractor: (000310) ABSCO ALARMS INC 12/16/2021 CAG-21-309 Davey Resource Group - Consulting Inspecting Arborist Services $144,540 $144,540 P 12/21/2021 12/31/2022 Contractor: (020112) DAVEY RESOURCE GROUP INC 12/21/2021 CAG-21-317 Salvation Army will use the Highlands Neighborhood Center for their annual holiday gift drive $0 $0 M 12/22/2021 12/31/2021 Contractor: UNKNOWN VENDOR 12/22/2021 CAG-21-320 King County Community & Human Services Department - Grant Agreement for COVID CDBG CV-2 Funds ($182,859 rev) $182,859 $182,859 R 12/21/2021 12/31/2022 Contractor: UNKNOWN VENDOR 12/21/2021 BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-21-140 Greene Gasaway Architects - Architectural Design Services $20,000 $20,000 P 5/24/2021 12/31/2021 Contractor: (026569) GREENE GASAWAY ARCHITECTS 5/24/2021 CAG-21-190 Gscott Works - Signage Design for Family First Community Center $25,000 $25,000 P 7/30/2021 12/31/2021 Contractor: (028220) G SCOTT WORKS LLC 7/30/2021 CAG-21-212 DES/McKinstry - Multiple Facilities Audit ESCO Ph3 $82,500 $82,500 P 9/23/2021 3/31/2022 Contractor: (048353) MCKINSTRY ESSENTION LLC 9/23/2021 CAG-21-230 Canber Corps - Agreement for Vegetation Maintenance at Heritage, Earlington and Liberty Parks $10,625 $10,625 P 9/24/2021 10/29/2021 Contractor: (013391) CANBER CORPS 9/24/2021 CAG-21-231 Wagner Architects - Provide a master plan that will include layout, development and location for parks maintenance shop $50,000 $50,000 P 9/30/2021 1/29/2022 Contractor: (068828) WAGNER ARCHITECTS 9/30/2021 21 $769,475 7 $60,463 4 $183,716 32 $1,013,653 4 $2,210,837 4 $4,800 0 $0 8 $2,215,637 2 $0 1 $0 0 $0 3 $0 27 $2,980,312 12 $65,263 4 $183,716 43 $3,229,290 Total Change Addendum New TotalMiscellaneousReceivablesPayablesCommunity Services Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 12 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Consultant CAG-21-250 S.K. Miller Consulting - EOC SOP Revision and Training $30,000 $30,000 P 10/22/2021 7/1/2022 Contractor: (070025) S K MILLER CONSUTLING Women Owned 10/22/2021 1 $30,000 1 $30,000 1 $30,000 1 $30,000 Total New TotalPayablesConsultant Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 13 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Executive CAG-21-030 Benita Horn & Associates - Consulting Services for Inclusion Program $78,000 $78,000 P 2/11/2021 3/31/2022 Contractor: (009242) BENITA R HORN & ASSOCIATES Minority Owned, Women Owned Number DateType DescriptionAmount Adden #1-21 - Benita Horn & Associates - time extension (New Expiration Date: 03/31/2022) $0Addendum Adden #1-21 12/7/2021 CAG-21-332 Aperture EQ - Agreement for Leadership Team Training $15,000 $15,000 P 12/30/2021 12/30/2022 Contractor: (005117) APERTURE EQ Women Owned 12/30/2021 1 $15,000 1 $0 2 $15,000 1 $15,000 1 $0 2 $15,000 Total Addendum New TotalPayablesExecutive Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 14 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Finance CAG-21-258 Linebarger Goggan Blair & Sampson, LLP - A/R Collections and Legal Services $0 $0 M 11/8/2021 12/31/2027 Contractor: UNKNOWN VENDOR 11/8/2021 1 $0 1 $0 1 $0 1 $0 Total New TotalMiscellaneousFinance Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 15 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration HRRM CAG-19-368 GALLAGHER BENEFIT SERVICES INC - Broker & Consultant Services for City Healthcare Plans $84,900 $189,800 P 12/23/2019 12/31/2999 Contractor: (028347) GALLAGHER BENEFIT SERVICES INC Number DateType DescriptionAmount Adden #2-21 - Gallagher Benefit Services - Disclosure of fees and compensation rates to the vendor. (New Expiration Date: 12/31/2999) $94,900Addendum Adden 2 12/30/2021 CAG-21-141 Seamark Law Group, PLLC - Legal services to defend case of Lund vs City of Renton (no expiration date) $34,000 $50,000 P 5/25/2021 5/20/2024 Contractor: (072287) SEAMARK LAW GROUP PLLC Number DateType DescriptionAmount Adden #1-21 - Seamark Law Group - Increase $34,000 to $50,000 in Defense costs (New Expiration Date: 05/20/2024) $16,000AddendumAdden #1-21 12/28/2021 CAG-21-246 Seamark Law Group, PLLC - Legal Defense Services - Myrtle v City of Renton $34,000 $34,000 P 10/21/2021 10/20/2024 Contractor: (072287) SEAMARK LAW GROUP PLLC 10/21/2021 CAG-21-247 Seamark Law Group, PLLC - Legal Defense Services - Johnson v City of Renton $34,000 $34,000 P 10/21/2021 10/20/2024 Contractor: (072287) SEAMARK LAW GROUP PLLC 10/21/2021 CAG-21-269 Kaiser Permanente - 2022 Healthcare Contract for active employees and LEOFF 1 retirees $177,000 $177,000 P 11/29/2021 12/31/2022 Contractor: (040084) KAISER FOUNDATION HEALTH PLAN 11/29/2021 CAG-21-270 Healthcare Management Administrators (HMA) - 2022 Healthcare Administration for active employees and LEOFF 1 retirees $345,000 $345,000 P 11/29/2021 12/31/2022 Contractor: (033236) HEALTHCARE MANAGEMENT ADMIN 11/29/2021 CAG-21-288 Symetra - Stop Loss Insurance coverage for 2022 ($838,000 payable - not through Eden system) $0 $0 P 12/13/2021 12/31/2022 Contractor: UNKNOWN VENDOR 12/13/2021 CAG-21-289 Alliant Insurance Services - Liability Insurance policy application 2022 $648,568 $648,568 P 12/13/2021 1/1/2023 Contractor: (001910) ALLIANT INSURANCE SERVICES 12/13/2021 BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-21-236 Private Lateral Police - Joseph Wisniewski $0 $0 M 9/30/2021 9/30/2022 Contractor: UNKNOWN VENDOR 9/30/2021 6 $1,238,568 2 $110,900 8 $1,349,468 1 $0 0 $0 1 $0 7 $1,238,568 2 $110,900 9 $1,349,468 Total Addendum New TotalMiscellaneousPayablesHRRM Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 16 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Information Technology \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 17 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Information Technology CAG-08-023 Pro-Shopkeeper Computer Sofeware, Inc. - POS System necessary upgrade and maintenance $4,616 $5,361 P 2/20/2008 12/31/2999 Contractor: (063698) CLUB PROPHET SYSTEMS Number DateType DescriptionAmount Adden #1-21 - Club Prophet Systems - Purchase CPS Air iPad based Point of Sale and Tee Sheet System add-on (10/2021-2/2022) (New Expiration Date: 12/31/2999) $745Addendum Adden #1-21 12/4/2021 CAG-09-152 NEOGOV, Inc - Online application & applicant tracking software system $19,283 $65,341 P 8/19/2009 12/31/2040 Contractor: (030811) GOVERNMENTJOBS.COM INC Number DateType DescriptionAmount Adden #4-21 - GovernmentJobs.com - Annual maintenance renewal for NeoGov Text Messaging Module (expires 11/4/2022) (New Expiration Date: 12/31/2040) $1,026Addendum Adden #4-21 10/22/2021 Adden #5-21 - GovernmentJobs.com - annual maintenance renewal for NeoGov Insight, Perform and Custom Employee Integration (New Expiration Date: 12/31/2040) $45,031AddendumAdden #5-21 12/7/2021 CAG-10-061 Principal Decision Systems International, Inc. - Police Timekeeping System - telestaff software (Expires - Ongoing) $37,440 $47,843 P 5/10/2010 12/31/2999 Contractor: (042961) KRONOS INC Number DateType DescriptionAmount Adden #1-21 - Kronos Inc - annual maintenance for Telestaff Workforce Software (6/1/2021-5/31/2022) (New Expiration Date: 12/31/2999) $10,403Addendum Adden #1-21 10/25/2021 CAG-10-110 Synaptec Software, Inc - Probation System Replacement (month-to-month, no expiration date) $17,500 $20,593 P 8/16/2010 12/31/2999 Contractor: (079520) SYNAPTEC SOFTWARE INC Number DateType DescriptionAmount Adden #1-21 - Synaptec Software Inc - annual Maintenance Agreement for Lawbase Courts Probation Management System (Term: 12/01/2021-11/30/2022) (New Expiration Date: 12/31/2999) $940Addendum Adden #1-21 11/8/2021 Adden #3-21 - Synaptec Software Inc - Lawbase annual maintenance for Prosecutors (term: 1/1/2022-12/31/2022) (New Expiration Date: 12/31/2999) $2,153Addendum Adden #3-21 12/1/2021 CAG-16-213 WEBQA, Inc. - WebQA Master Service Agreement $19,350 $53,096 P 12/19/2016 12/14/2022 Contractor: (089966) GOVQA Number DateType DescriptionAmount Adden #3-21 - GovQA, LLC - Annual Maintenance for GovQA System (12/15/2021-12/14/2022) (New Expiration Date: 12/14/2022) $26,496Addendum Adden #3-21 12/6/2021 CAG-17-152 Dude Solutions, Inc - Work Management Software $116,774 $163,186 P 7/13/2017 12/31/2022 Contractor: (022353) DUDE SOLUTIONS INC Number DateType DescriptionAmount Adden #1-21 - Dude Solutions - Annual Maintenance Renewal (1/1/2022-12/31/2022) (New Expiration Date: 12/31/2022) $46,412Addendum Adden #1-21 12/21/2021 CAG-17-222 PerfectMIND, Inc - Recreation Management Software Replacement $43,100 $38,100 P 11/26/2017 11/11/2022 Contractor: (061130) PERFECTMIND INC Number DateType DescriptionAmount Adden #1-21 - Perfect Mind, Inc - Annual maintenance renewal ($22,440 - included in original contract amount) and corrected expiration date (New Expiration Date: 11/11/2022) $0Addendum Adden #1-21 11/19/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 18 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Information Technology CAG-17-232 LexisNexis Claims Solutions, Inc - Law Enforcement Software Services ($708.33/mth, no expiration date). 5-yr total is $42,500 - re-evaluate at end of 5 years. $42,500 $59,025 P 12/12/2017 12/31/2999 Contractor: (044446) LEXISNEXIS RISK SOLUTIONS Number DateType DescriptionAmount Adden #2-21 - LexisNexis - LEAPS Software Annual Maintenance Renewal(through 5/31/2022) (New Expiration Date: 12/31/2999) $9,358Addendum Adden #2-21 10/5/2021 CAG-18-205 FileOnQ - DigitalOnQ Software and FileOnQ Interfaces with MSP $39,740 $56,475 P 9/25/2018 12/31/2999 Contractor: (026046) FILEONQ INC Number DateType DescriptionAmount Adden #1-21 - FileOnQ - Software maintenance and support (1/1/2022-12/31/2022) (New Expiration Date: 12/31/2999) $16,735Addendum Adden #1-21 12/31/2021 CAG-18-260 Intradyn, Inc. - Email Archival System Products & Services $31,673 $31,673 P 12/3/2018 12/3/2023 Contractor: (038531) INTRADYN Number DateType DescriptionAmount Adden #1-21 - Intradyn - Email Archival System - corrected end date and maintenance payment of $3,874.50 (included in original contract amount); Addendum term expires 12/02/2022. (New Expiration Date: 12/03/2023) $0AddendumAdden #1-21 11/8/2021 CAG-19-336 Motorola Solutions, Inc. - Transfers ownership of Public Enginers contract to Motorola - Yearly maintenance is $3,300.00 - 25 years ($82,500) CrimeReports.com - Motorola Solutions, Inc. - Transfers ownership of CrimeReports.com from Public Engineers contract to Motorola - Yearly maintenance is $3,300.00 - 25 years ($82,500) $82,500 $89,103 P 12/14/2018 10/4/2022 Contractor: (051512) MOTOROLA INC Number DateType DescriptionAmount Adden #2-21 - Motorola Solutions Inc - CrimeReports annual maintenance renewal 2021 (New Expiration Date: 10/04/2022) $3,303Addendum Adden #2-21 10/22/2021 Adden #1-21 - Motorola Solutions Inc - CrimeReports annual maintenance renewal 2020 (New Expiration Date: 10/04/2021) $3,300Addendum Adden #1-21 10/22/2021 CAG-20-035 King County - Provide access to internet and Institutional Network for City's communication and data processing needs $86,436 $86,436 P 2/14/2020 3/1/2023 Contractor: (041608) KING CNTY FINANCE Number DateType DescriptionAmount Adden #1-21 - King County - Renton Contacts Update (New Expiration Date: 03/01/2023) $0Addendum Adden #1-21 12/6/2021 CAG-21-218 AV Capture All - Subscription Agreement for two Court Judicial Recording Application (JRA) Systems - recording and publishing (orig invoice was paid without contract #) $0 $7,627 P 5/1/2013 12/31/2999 Contractor: (007000) AV CAPTURE ALL INC Number DateType DescriptionAmount Adden #2-21 - AV Capture All - annual maintenance for two licenses - Court Recording Software (Term through 4/30/2022) (New Expiration Date: 12/31/2999) $5,227Addendum Adden #2-21 10/26/2021 CAG-21-226 LEFTA Systems - Software as a Service for PD Personnel and Training Records $10,724 $10,724 P 10/1/2021 11/1/2022 Contractor: (038080) INTL BUSINESS INFORMATION 10/1/2021 CAG-21-227 Axon Enterprise, Inc - Axon – Body Worn Cameras, Dashcams, Tasers, Evidence.com $3,403,385 $3,403,385 P 10/28/2021 12/31/2026 Contractor: (080094) AXON ENTERPRISE INC 10/28/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 19 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Information Technology CAG-21-245 Springbrook Holding Co, LLC - Springbrook Data Conversion from V6.7 to V7 .Net Migration (original 2014 contract not submitted through Clerk's Office or paid through Eden - $26,637). Month-to-month, no expiration date. $26,637 $92,254 P 9/7/2014 12/31/2999 Contractor: (076445) SPRINGBROOK HOLDING CO LLC Number DateType DescriptionAmount AMOUNT WASN'T ENTERED IN THE FIRST ENTRY - Springbrook V7 Migration - $6,125 (addendum not submitted through Clerk's Office or paid through Eden). Adden expired 3/1/2018 (master contract is month-to-month, no expiration date). $6,125Addendum10/21/2021 Adden #3-21 - Springbrook Holding Co, LLC - Annual Maintenance Agreement for 1/1/2022-12/31/2022 (New Expiration Date: 12/31/2999) $59,492Addendum Adden #3-21 12/14/2021 CAG-21-253 ArchiveSocial, Inc - Social Media Archiving System Software (original invoice not processed through CAG#/Clerk's Office) $0 $7,907 P 6/24/2020 12/31/2999 Contractor: (025011) ARCHIVESOCIAL INC Number DateType DescriptionAmount Adden #1-21 - ArchiveSocial, Inc - annual maintenance for Social Media and Website Content Backup (Term: 8/14/2021 - 8/14/2022) (New Expiration Date: 12/31/2999) $7,907Addendum Adden #1-21 10/25/2021 CAG-21-255 StreetScan, Inc. - Transportation Access to Streetlogix Asset Management Module and associated Data Hosting $19,000 $19,000 P 10/25/2021 9/14/2022 Contractor: (078464) STREETSCAN INC 10/25/2021 CAG-21-268 Aspect Software, Inc - Voxeco Prophecy Licenses for CED IVR Phone Inspection ($2,804.40 payable - not submitted through Clerk Office) $0 $654 P 10/1/2012 11/30/2022 Contractor: (006076) ASPECT SOFTWARE INC Number DateType DescriptionAmount Adden #1-21 - Aspect Software, Inc - Annual Software Maintenance for Alvaria CXP IVR Software (New Expiration Date: 11/30/2022) $654Addendum Adden #1-21 11/22/2021 CAG-21-275 Diligent Corporation - iCompass Meeting Manager Software to manage Agenda Bills (assigning CAG# for original 2007 contract - $12,500 payable not processed through Clerk's Office) $0 $19,773 P 12/20/2007 12/31/2022 Contractor: (021264) DILIGENT CORPORATION Number DateType DescriptionAmount Adden #1-21 - Diligent Corporation - Annual Maintenance Renewal for iCompass FilePro Meeting Manager (New Expiration Date: 12/31/2022) $19,773Addendum Adden #1-21 12/6/2021 CAG-21-276 NetMotion VPN Licensing $102,477 $102,477 P 11/29/2021 6/4/2025 Contractor: (014396) CDW GOVERNMENT LLC 11/29/2021 CAG-21-319 Industrial Software Solutions - Annual maintenance renewal for AVEVA Historian and HMI SCADA System $12,942 $12,942 P 12/21/2021 12/31/2022 Contractor: (037302) INDUSTRIAL SOFTWARE SOLUTIONS 12/21/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 20 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Information Technology BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-09-152 NEOGOV, Inc - Online application & applicant tracking software system $19,283 $65,341 P 8/19/2009 12/31/2040 Contractor: (030811) GOVERNMENTJOBS.COM INC Number DateType DescriptionAmount Adden #3-21 - GovernmentJobs.com - Annual maintenance renewal for NeoGov Text Messaging Module ($895.40 payable - paid but not attached to Contract #) (New Expiration Date: 12/31/2040) $0Addendum Adden #3-21 11/5/2019 Adden #1-21 - Puchase Agreement for NeoGov Onboarding Module ($10,000 payable - paid but not attached to the contract #) (New Expiration Date: 12/31/2040) $0Addendum Adden #1-21 12/31/2018 Adden #2-21 - GovernmentJobs.com - Puchase Agreement for NeoGov Perform ($34,282.60 payable - paid but not attached to contract #) (New Expiration Date: 12/31/2040) $0Addendum Adden #2-21 12/12/2019 CAG-10-110 Synaptec Software, Inc - Probation System Replacement (month-to-month, no expiration date) $17,500 $20,593 P 8/16/2010 12/31/2999 Contractor: (079520) SYNAPTEC SOFTWARE INC Number DateType DescriptionAmount Adden #2-21 - Synaptec Software Inc - purchase of Lawbase for City Attorney Prosecutors ($9,670 payable - not submitted/processed though Clerk's Office). Addendum term through 12/31/2021. (New Expiration Date: 12/31/2999) $0Addendum Adden #2-21 1/1/2011 CAG-16-110 Reliance Communications - Website Redesign $160,100 $160,100 P 6/29/2016 6/30/2021 Contractor: (090419) INTRADO INTERACTIVE SVCS CORP 6/29/2016 CAG-21-228 Advanced Technology Systems - Voyager Software License and Subscription Agreement $0 $636 P 1/1/2007 12/31/2999 Contractor: (001086) ADVANCED TECHNOLOGY SYSTEMS Number DateType DescriptionAmount Adden #1-21 - Advanced Technology Systems - Annual maintenance renewal for Voyager Mobile device service (renewal through 3/28/2022) (New Expiration Date: 12/31/2999) $636Addendum Adden #1-21 3/8/2021 CAG-21-245 Springbrook Holding Co, LLC - Springbrook Data Conversion from V6.7 to V7 .Net Migration (original 2014 contract not submitted through Clerk's Office or paid through Eden - $26,637). Month-to-month, no expiration date. $26,637 $92,254 P 9/7/2014 12/31/2999 Contractor: (076445) SPRINGBROOK HOLDING CO LLC Number DateType DescriptionAmount Adden #1-21 - Springbrook Holding Co, LLC - Post Go-Live Training for Springbrook V7 Migration - $6,125 (addendum not submitted through Clerk's Office or paid through Eden). Adden expired 3/1/2018 (master contract is month-to-month, no expiration date). (New Expiration Date: 12/31/2999) $0AddendumAdden #1-21 10/18/2017 Adden #2-21 - Springbrook Holding Co, LLC - Annual Maintenance Agreement for 1/1/2020-12/31/2020 ($49,011 payable - not submitted through Clerk's Office) (New Expiration Date: 12/31/2999) $0Addendum Adden #2-21 12/10/2019 CAG-21-253 ArchiveSocial, Inc - Social Media Archiving System Software (original invoice not processed through CAG#/Clerk's Office) $0 $7,907 P 6/24/2020 12/31/2999 Contractor: (025011) ARCHIVESOCIAL INC Number DateType DescriptionAmount CAG-21-268 Aspect Software, Inc - Voxeco Prophecy Licenses for CED IVR Phone Inspection ($2,804.40 payable - not submitted through Clerk Office) $0 $654 P 10/1/2012 11/30/2022 Contractor: (006076) ASPECT SOFTWARE INC Number DateType DescriptionAmount \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 21 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Information Technology CAG-21-275 Diligent Corporation - iCompass Meeting Manager Software to manage Agenda Bills (assigning CAG# for original 2007 contract - $12,500 payable not processed through Clerk's Office) $0 $19,773 P 12/20/2007 12/31/2022 Contractor: (021264) DILIGENT CORPORATION Number DateType DescriptionAmount CAG-21-283 DocuSign - Subscription purchase of DocuSign eSignature Software (original contract not submitted through Clerk's Office) $11,023 $29,280 P 12/5/2016 12/4/2022 Contractor: (021616) DOCUSIGN INC Number DateType DescriptionAmount Adden #1-21 - DocuSign - DocuSign eSignature contract extension (not originally submitted through Clerk's Office) (New Expiration Date: 12/04/2020) $9,129Addendum Adden #1-21 12/5/2018 Adden #2-21 - DocuSign - DocuSign eSignature contract extension (not originally submitted through Clerk's Office) (New Expiration Date: 12/04/2022) $9,129Addendum Adden #2-21 12/5/2020 12 $3,746,287 30 $283,973 42 $4,030,261 12 $3,746,287 30 $283,973 42 $4,030,261 Total Addendum New TotalPayablesInformation Technology Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 22 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Other CAG-09-188 AssetWork, Inc - Automated Fuel Dispensing Vendor $62,138 $83,642 P 11/16/2009 12/31/2022 Contractor: (006350) ASSETWORKS LLC Number DateType DescriptionAmount Adden #1-21 - AssetWorks - annual maintenance renewal for Assetwork Fleet Management System (1/1/2022-12/31/2022) (New Expiration Date: 12/31/2022) $21,504Addendum Adden #1-21 12/6/2021 CAG-13-042 US Bank, N.A. - Banking Services Agreement for $381,374.45 per year for 3 years (1/1/2011 til 12/31/2013) $952,123 $952,123 P 1/11/2011 12/31/2021 Contractor: (101589) US BANK NATL ASSN Number DateType DescriptionAmount Adden #5-21 - US Bank National Association - extend contract until 13/31/2022 and adjustment to pricing (New Expiration Date: 12/31/2022) $0Addendum Adden #5-21 12/21/2021 LAG-21-007 Pitney Bowes, Inc - 5-year Lease for P2000 postage meter $26,548 $26,548 R 12/28/2021 12/28/2026 Contractor: UNKNOWN VENDOR 12/28/2021 BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-11-093 Seattle Public Utilities - Water Supply Partial Requirement Contract ($49,000 in 2011) $49,000 $49,000 P 5/5/2011 1/1/2062 Contractor: (016058) SEATTLE PUBLIC UTILITIES Number DateType DescriptionAmount Adden #1-21 - City of seattle Public utilities - Time extension to complete periodic review of contract terms and condition (New Expiration Date: 12/31/2062) $0Addendum Adden #1-21 9/20/2021 0 $0 3 $21,504 3 $21,504 1 $26,548 0 $0 1 $26,548 1 $26,548 3 $21,504 4 $48,052 Total Addendum New TotalReceivablesPayablesOther Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 23 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Police CAG-21-277 Hynes - Private - Lateral Police Officer $0 $0 M 12/1/2021 12/31/2999 Contractor: UNKNOWN VENDOR 12/1/2021 CAG-21-290 Private - Lateral Police officer $0 $0 M 12/15/2021 12/31/2999 Contractor: UNKNOWN VENDOR 12/15/2021 CAG-21-291 Lanham - Private - Lateral Police officer $0 $0 M 12/15/2021 12/31/2999 Contractor: UNKNOWN VENDOR 12/15/2021 CAG-21-292 Ignatov - Private - Lateral Police officer $0 $0 M 12/15/2021 12/31/2999 Contractor: UNKNOWN VENDOR 12/15/2021 CAG-21-330 Jake Gall - Private - Lateral Police Officer $0 $0 M 12/27/2021 12/31/2999 Contractor: UNKNOWN VENDOR 12/27/2021 5 $0 5 $0 5 $0 5 $0 Total New TotalMiscellaneousPolice Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 24 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 25 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-15-137 Carollo Engineers Inc. - 2016 Long range Wastewater management Plan $203,038 $582,863 P 6/25/2015 12/31/2021 Contractor: (013783) CAROLLO ENGINEERS PC Number DateType DescriptionAmount Adden #5-20 - Carollo Engineers - Evaluate and update the sewer system capacity to include system revisions (WWP090007) (New Expiration Date: 12/31/2021) $34,909Addendum Adden #5-20 12/17/2021 CAG-16-173 DGK, Inc. DBA Widener & Assoc. - Environmental services for Rainier Av S - S 3rd St NW 3rd Pl Phase 4 Project $94,114 $94,114 P 11/10/2016 12/31/2024 Contractor: (091850) WIDENER & ASSOCIATES Number DateType DescriptionAmount Adden #1-21 - DKG Inc - time extension (New Expiration Date: 12/31/2024) $0Addendum Adden #1-21 12/21/2021 CAG-17-050 RH2 Engineering, Inc. - Lift Station and Force Main Rehabilitation Group 1 Facilities Predesign $176,379 $1,128,869 P 3/20/2017 12/31/2021 Contractor: (068180) RH2 ENGINEERING INC Number DateType DescriptionAmount Adden #6-21 - RH2 engineering, inc. - Preliminary design of Group 2 and final design of Groups 1 and 2 (WWP273954) (New Expiration Date: 12/31/2021) $0Addendum Adden #6-21 10/14/2021 Adden #6-21 -Amount was left off the last entry - RH2 engineering, inc. - Preliminary design of Group 2 and final design of Groups 1 and 2 (WWP273954) $520,826Addendum10/22/2021 REVISED Adden #6-21 - the amount in the last entry was forgotten - RH2 engineering, inc. - Preliminary design of Group 2 and final design of Groups 1 and 2 (WWP273954) $520,826Addendum Adden 6 10/14/2021 REVISED FOR DUPLICATED 3342 & 3343 WERE DOUBLED Adden #6-21 - the amount in the last entry was forgotten - RH2 engineering, inc. - Preliminary design of Group 2 and final design of Groups 1 and 2 (WWP273954) $-520,826Addendum12/13/2021 CAG-17-128 Gray & Osborne, Inc. - Design services for Renton Avenue South Resurfacing project. $125,283 $448,055 P 6/22/2017 12/31/2022 Contractor: (031245) GRAY & OSBORNE INC Number DateType DescriptionAmount Adden #4-21 - Gray & Osborne, Inc - time extension only (New Expiration Date: 12/31/2022) $0Addendum Adden 4 11/24/2021 CAG-18-085 Watershed Science & Engineering - Madsen Creek Improvement Project Phase 1 for Surveying, Hyraulic Analysis, Preliminary Design $466,098 $639,776 P 5/1/2018 12/31/2023 Contractor: (089970) WATERSHED SCIENCE ENGINEERING Number DateType DescriptionAmount Adden #3-21 - Watershed Science & Engineering, Inc. - Madsen Creek Improvement Project - time Extension (SWP27-39-76) $0Addendum Adden #3-21 12/10/2021 CAG-18-155 Applied Ecology - Installation of new plantings, invasive species control, inspection path clearing $80,805 $187,648 P 8/7/2018 12/31/2022 Contractor: (005221) APPLIED ECOLOGY LLC Number DateType DescriptionAmount CO #5-21 - Applied Ecology, LLC - Hydroseed along Cedar River to repair/stabilize slope and credit adjustments (New Expiration Date: 12/31/2022) $-7,184Change CO #5-21 12/21/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 26 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-18-266 Murraysmith, Inc - Services during construction of Kennydale Reservoir $479,337 $549,035 P 12/13/2018 12/31/2021 Contractor: (052444) MURRAYSMITH INC Number DateType DescriptionAmount Adden #3-21 - Murraysmith, Inc. - Time Extension for Supplemental Services during Construction (WTR2703956) (New Expiration Date: 12/31/2021) $0Addendum Adden #3-21 12/31/2021 Adden #3-21 REVISED - Murraysmith, Inc. - Time Extension for Supplemental Services during Construction (WTR2703956) - I PUT THE COMPLETION DATE IN THE BOARD APPROVAL DATE. $0Addendum10/5/2021 CAG-19-032 Washington Department of Ecology - SE 172nd St and 125th Av SE Green Stormwater Infrastructure Design Project ($250,000 Grant) $250,000 $250,000 R 2/22/2019 12/31/2021 Contractor: (1255) WASHINGTON STATE Number DateType DescriptionAmount Adden #1-21 - Washington State Department of Ecology - SE 172nd St & 125th Ave SE GSI Project Ecology Grant time extension (New Expiration Date: 12/31/2021) $0AddendumAdden #1-21 12/1/2021 CAG-19-275 Sound Resource Management Group - Solid Waste Technical Service & Rate Modeling $33,750 $57,375 P 9/20/2019 12/31/2022 Contractor: (076055) SOUND RESOURCE MGMT GROUP INC Number DateType DescriptionAmount Adden #3-21 - Sound Resource Management Group - time extension (New Expiration Date: 12/31/2022) $0Addendum Adden #3-21 12/21/2021 CAG-19-313 Otak, Inc. - Design Services for the Montroe Av NE Storm Improvement Project - Phase 1 $189,602 $786,454 P 10/30/2019 6/30/2022 Contractor: (058565) OTAK INC Number DateType DescriptionAmount Adden #3-21 - Otak, Inc - time extension (New Expiration Date: 06/30/2022) $0Addendum Adden #3-21 12/15/2021 CAG-19-366 All Traffic Data Services - Provide More traffic Counts on an on-call basis $25,000 $25,000 P 12/13/2019 12/31/2021 Contractor: (001985) ALL TRAFFIC DATA SERVICES INC Women Owned Number DateType DescriptionAmount Adden #1-21 - All traffic Data -Extension of our contract for Traffic Count Data (New Expiration Date: 12/31/2022) $0Addendum Adden #1-21 12/9/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 27 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-20-001 Cascade Civil Construction, LLC. - Williams Av S and Wells Av S Conversion Project $7,733,423 $9,288,259 P 3/24/2020 3/30/2024 Contractor: (013903) CASCADE CIVIL CONSTRUCTION Number DateType DescriptionAmount CO #17-21 - Cascade Civil Construction, LLC. - Change Order #17 - Cable Vault Revision (New Expiration Date: 03/30/2024) $6,000Change CO #17-21 11/17/2021 CO #18-21 - Cascade Civil Construction, LLC - Change Order #18 - Gate Valve Assembly Revision $9,000Change CO #18-21 11/17/2021 CO #19-21 - Cascade Civil Construction - Change Order #19 - Waste Recipical Revision $10,516Change CO #19-21 11/17/2021 CO #19-21 - Cascade Civil Construction, LLC - Change Order #19 - Waste Recipical Revision $10,516Change CO #19-21 11/17/2021 CO #20-21 - Cascade Civil Construction, LLC - Change Order #20 - Rebar Mat in Concrete S 2nd $20,000Change CO #20-21 11/17/2021 CO #24-21 - Cascade Civil Construction, LLC - Change Order #24 - Delete portions of ducile iron water main, revising tapping for other new water mains. $-40,000Change CO #24-21 11/23/2021 CO #25-21 - Cascade Civil Construction, LLC - Change Order #25 - Revisions to new 12" ductile iron water main, s 2nd $99,000Change CO #25-21 11/29/2021 CO #26-21 - Cascade Civil Construction, LLC - Change Order #26 - Replacing an old existing brick catch basin not identified in the conract with a new catch basin including connections $14,000Change CO #26-21 11/24/2021 CO #22-21 - Cascade Civil Construction, LLC - Change Order #22- Bollards Pole at 2nd & Wells & PIV @ 3rd & Williams $8,000Change CO #22-21 11/17/2021 CO #14-21 - Cascade Civil Construction, LLC - Change Order #14 - Roof Drain Revisions $48,000Change CO #14-21 11/23/2021 CO #15-21 - Cascade Civil Construction, LLC - Change Order #15 - paving, signage & channelization revisions $13,000Change CO #15-21 11/23/2021 CO #27-21 - Additional rebar, S 2nd concrete panels - Replace raised pavement markings with paint (New Expiration Date: 03/30/2024) $219Change CO #27-21 12/17/2021 CO #21-21 - Cascade Civil Construction, LLC. - Remove existing railroad ties on S 3rd St (New Expiration Date: 03/30/2024) $40,000Change CO #21-21 12/20/2021 CO #23-21 - Cascade Civil Construction, LLC. - Additional rebar, S 2nd concrete panels (New Expiration Date: 03/30/2024) $19,000Change CO #23-21 12/17/2021 CAG-20-008 Transpo Group USA, Inc. - Renton ADA Transition Plan Update $79,000 $130,370 P 1/20/2020 8/31/2022 Contractor: (082361) TRANSPO GROUP USA INC Number DateType DescriptionAmount Adden #2-21 - Transpo Group USA - ADA Transition Plan Updated (New Expiration Date: 07/31/2021) $14,600AddendumAdden #2-21 12/5/2021 Adden #4-21 - Transpo Group USA - ADA Transition Plan Update (New Expiration Date: 08/31/2022) $6,470Addendum Adden #4-21 12/27/2021 CAG-20-031 RH2 Engineering, Inc. - Rainier & Oakesdale Pump Station Upgrade - Alternatives & Feasibility Evaluation (SWP-2703963) $65,000 $89,800 P 1/31/2020 12/31/2022 Contractor: (068180) RH2 ENGINEERING INC Number DateType DescriptionAmount Adden #2-21 - RH2 Engineering, inc. - Additional services and Time Extension (New Expiration Date: 12/31/2022) $11,300Addendum Adden #2-21 11/10/2021 CAG-20-032 DGK, Inc. - Park Ave North Extension Project (Environmental & Permitting)$34,970 $125,741 P 1/28/2020 12/31/2025 Contractor: (091850) WIDENER & ASSOCIATES Number DateType DescriptionAmount Adden #2-21 - DGK, inc. dba Widener & Associates - Park Avenue North Extension project (Environmental & permitting Documentation) (New Expiration Date: 12/31/2025) $34,076Addendum Adden #2-21 11/23/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 28 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-20-048 OAC Services - Maplewood Water Treatment Plant Roof Repairs - Inspection & Design Services $87,485 $96,975 P 2/25/2020 6/30/2022 Contractor: (057252) OAC SERVICES INC Number DateType DescriptionAmount Adden #2-21 - OAC Services, Inc. - Additional Services and Time Extension for Maplewood WTP Roof Repairs (WTR-27-4102) (New Expiration Date: 06/30/2022) $9,490Addendum Adden #2-21 10/4/2021 CAG-20-126 Active Construction, Inc. - Lake Washington Loop Trail Project $1,709,709 $1,685,497 P 4/7/2021 12/31/2030 Contractor: (000767) ACTIVE CONSTRUCTION INC Number DateType DescriptionAmount CO #12-21 - Active Construction, inc. - CSTC backfill and native material export (New Expiration Date: 12/31/2030) $4,666Change CO #12-21 11/23/2021 CAG-20-127 Perteet, Inc. - Williams Avenue S and Wells Avenue S Conversion Project Construction Management Services $1,539,857 $1,579,050 P 6/30/2020 12/31/2024 Contractor: (061292) PERTEET INC Number DateType DescriptionAmount ADDED THIS CO #2-21 TO THE WRONG CONTRACT IN EDEN-CO #2-21 - Active Construction - Storm pipe material change DISREGARD THIS CO AND APPROVAL DATE $0Change7/23/2030 CAG-20-150 P.G.H. Excavating, Inc. - Renton School Crossings - Construction Contract - Renton Elementary and Middle School Crossings $374,703 $426,610 P 3/5/2021 12/31/2030 Contractor: (061616) PGH EXCAVATING INC Number DateType DescriptionAmount CO #9-21 - PGH Excavating, inc. - Record drawing bid item removal (New Expiration Date: 12/31/2030) $-1,000Change CO #9-21 11/10/2021 CO #10-21 - PGH Excavating, Inc.- Reconciliation (New Expiration Date: 12/31/2030) $21,918Change CO #10-21 11/23/2021 CAG-20-153 Jacobs Engineering Group, Inc. - WSDOT Limited Access Right-of-Way Runoff Impacts Characterization Study (SWP273077) $170,009 $170,009 P 8/4/2020 12/31/2022 Contractor: (038938) JACOBS ENGINEERING GROUP INC Number DateType DescriptionAmount Adden #1-21 - Jacobs Engineering Group, Inc. - WSDOT Limited Access ROW Runoff Impacts Study - time extension (SWP27-3077) (New Expiration Date: 12/31/2022) $0Addendum Adden #1-21 12/17/2021 CAG-20-163 Carollo Engineers, Inc. - Kennydale Lakeline Sewer System Improvements Project (WWP2704134) $1,188,560 $1,188,560 P 9/15/2020 12/31/2022 Contractor: (013783) CAROLLO ENGINEERS PC Number DateType DescriptionAmount Adden #1-21 - Carollo Engineers, Inc. - Amendment 1 - Kennydale lakeline project (New Expiration Date: 12/31/2022) $0Addendum Adden #1-21 12/22/2021 CAG-20-337 Parametrix, Inc. - Safe Routes to Transit - Design Engineering Services - SW 43rd St/NB SR167 ramps $96,304 $96,304 P 9/30/2020 12/31/2026 Contractor: (060277) PARAMETRIX INC Number DateType DescriptionAmount Adden #1-21 - Parametrix, Inc. - time Extention (New Expiration Date: 12/31/2026) $0Addendum Adden #1-21 11/10/2021 CAG-20-338 Transpo Group USA, Inc. - Safe Routes to Transit - Design Engineering Services $34,800 $257,845 P 9/30/2020 12/31/2025 Contractor: (082361) TRANSPO GROUP USA INC Number DateType DescriptionAmount Adden #5-21 - Transpo group - Consulting Services for the tap program (New Expiration Date: 12/31/2025) $5,500Addendum Adden #5-21 11/19/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 29 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-20-339 Joseph Couples Engineering, LLC - VMC (CED Project) Joe couples - VMC Talbot Rd/Intersection Improvements - Adaptive Signal System Integration $6,592 $6,592 P 9/12/2020 12/31/2021 Contractor: (039859) JOSEPH COUPLES ENGINEERING LLC Minority Owned Number DateType DescriptionAmount Adden #1-21 - Joseph Couples Engineering, LLC - time extension only (New Expiration Date: 12/31/2026) $0Addendum Adden #1-21 11/10/2021 CAG-20-340 Western Systems, Inc. - Operations Project: SCOOT (adaptive system) additional licenses and install/implementation $84,750 $84,750 P 10/7/2020 12/31/2026 Contractor: (091171) WESTERN SYSTEMS INC Number DateType DescriptionAmount Adden #1-21 - Western Systems, Inc. - Time Extension only (New Expiration Date: 12/31/2026) $0Addendum Adden #1-21 11/10/2021 CAG-20-353 Parametrix, Inc. - Safe Routes to Transit - Design Engineering Services - SW 43rd St/East Valley Hwy $86,191 $86,191 P 9/30/2020 12/31/2026 Contractor: (060277) PARAMETRIX INC Number DateType DescriptionAmount Adden #1-21 - Parametrix, Inc. - Time Extension only- Expiration date was not entered. (New Expiration Date: 12/31/2026) $0Change CO #1-21 11/15/2021 Adden #1-21 - Parametrix, Inc. - Time Extension only (New Expiration Date: 12/31/2026) $0Addendum Adden #1-21 11/15/2021 CAG-20-354 Parametrix, Inc. - Safe Routes to Transit - Design Engineering Services - Puget/Royal Hills/i 16 Ave SE $98,927 $198,789 P 9/30/2020 12/31/2026 Contractor: (060277) PARAMETRIX INC Number DateType DescriptionAmount Adden #2-21 - Parametrix, Inc. -Time Extention only (New Expiration Date: 12/31/2026) $0Addendum Adden #2-21 11/10/2021 CAG-20-371 Prime Electric, Inc. - replacement of a signal pole and foundation at Houser Way South and Mill Avenue South $92,775 $92,775 P 9/24/2020 12/31/2022 Contractor: (063506) PRIME ELECTRIC INC Number DateType DescriptionAmount CO #2-21 - Prime electric, Inc. - Time extension due to signal pole material procurment (New Expiration Date: 12/31/2022) $0Change CO #2-21 12/29/2021 CAG-20-393 Gray & Osborne - Renton School Crossings project.$98,500 $199,649 P 3/10/2021 12/31/2025 Contractor: (031245) GRAY & OSBORNE INC Number DateType DescriptionAmount Adden #3-21 - Gary & Osborne, inc - Supplemental Agreement - Additional CM services $23,400Addendum Adden #3-21 10/15/2021 CAG-20-432 Perteet, Inc - Houser Way/BNSF Improvements and Complete Streets-Construction Management Services $271,636 $271,636 P 3/19/2021 12/31/2024 Contractor: (061292) PERTEET INC Number DateType DescriptionAmount Adden #1-21 - perteet - Time Extension only (New Expiration Date: 12/31/2024) $0Addendum Adden #1-21 10/8/2021 CAG-20-493 West Coast Signal - Street Lighting Pole and Foundation Replacement at Six Locations $127,705 $127,705 P 12/18/2020 12/9/2022 Contractor: (090547) WEST COAST SIGNAL INC Number DateType DescriptionAmount CO #1-21 - West Coast Signal - time extension due to delay in material procurement (New Expiration Date: 12/09/2022) $0Change CO #1-21 12/20/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 30 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-21-001 SCI Infrastructures, LLC - Downtown Utilities Improvement Project $10,555,987 $10,555,987 P 2/5/2021 3/31/2023 Contractor: (071455) SCI INFRASTRUCTURE LLC Number DateType DescriptionAmount CO #1-21 - SCI Infrastructures, LLC. - Additional quantities - Downtown Utilities Improvement Project (New Expiration Date: 03/31/2023) $2,852,414Change CO #1-21 12/14/2021 CAG-21-002 Strickland & Sons Excavation, LLC - NE 16th St – Jefferson Ave NE Stormwater Green Connections Project $2,811,189 $2,928,519 P 2/22/2021 12/31/2024 Contractor: (078459) STRICKLAND & SONS EXCAVATION Number DateType DescriptionAmount CO #1-21 - Strickland & Sons Excavation, LLC - Water Meter Installation (WTR-27-04016) (New Expiration Date: 03/31/2022) $17,340ChangeCO #1-21 10/12/2021 Adden #2-21 - Sargent Engineers, inc. - Engineering Services for Bronson Way Bridge - Seismic Retrofit and Painting (New Expiration Date: 12/31/2024) $99,990Addendum Adden #2-21 12/20/2021 CAG-21-017 Century West Engineering Corporation - A&E On-Call Professional Services - Pavement $30,000 $170,013 P 1/20/2021 12/31/2021 Contractor: (014533) CENTURY WEST ENGINEERING CORP Number DateType DescriptionAmount Adden #1-21 - Century West Engineering Corporation - Increase Compensation $26,527Addendum Adden #1-21 12/31/2021 Adden #4-21 - Century West Engineering Corporation - Increase Compensation (New Expiration Date: 12/31/2021) $7,920Addendum Adden #4-21 12/28/2021 CAG-21-062 Gray & Osborne - Lake WA Loop Trail project - CM Services $162,224 $205,697 P 4/22/2021 12/31/2025 Contractor: (031245) GRAY & OSBORNE INC Number DateType DescriptionAmount Adden #1-21 - Gray & Osborne - construcion management services (New Expiration Date: 12/31/2025) $43,474Addendum Adden 1 11/18/2021 CAG-21-077 MIG, Inc - Consulting services to conduct feasibility study for Hoquiam Ave NE Non-Motorized Improvements $51,950 $51,950 P 4/2/2021 6/1/2022 Contractor: (050948) MIG, INC Number DateType DescriptionAmount Adden #1-21 - MIG, Inc. - Consulting services to conduct feasibility study - time Extension only (New Expiration Date: 06/01/2022) $0Addendum Adden #1-21 12/1/2021 CAG-21-092 KPFF Consulting Engineers, Inc. - Professional Service Agreement for a cost estimate to construct a 200 stall park and ride $15,000 $15,000 P 4/8/2021 12/31/2021 Contractor: (042765) KPFF CONSULTING ENGINEERS Number DateType DescriptionAmount Adden #2-21 - KPFF Consulting Engineers, Inc. - Planning Level Cost Estimate for Developing a Park and Ride $10,000Addendum Adden #2-21 11/23/2021 CAG-21-142 StreetScan, Inc. - 2021 Walkway Condition Assessment $98,468 $98,468 P 5/27/2021 3/31/2022 Contractor: (078464) STREETSCAN INC Number DateType DescriptionAmount 2021 walkway assessment & expiration date (New Expiration Date: 03/31/2022) $0Addendum Adden #1-21 10/25/2021 CAG-21-195 Iron Creek Construction, LLC - Construction of Taylor Ave NW Storm Improvements Project – Phase I $213,680 $213,680 P 10/22/2021 1/31/2022 Contractor: (038588) IRON CREEK CONSTRUCTION LLC 10/22/2021 CAG-21-239 Joint Utility Trench (JUT) Agreement, Duvall Av NE Project (REC: $10,469.58) $10,470 $10,470 R 12/20/2021 12/31/2025 Contractor: UNKNOWN VENDOR 12/20/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 31 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-21-243 Seattle Public Utilities - Request for SPU Real Property Services - Rainier Ave S Phase 4 $1,835 $1,835 P 10/19/2021 12/20/2022 Contractor: UNKNOWN VENDOR 10/19/2021 CAG-21-252 Full Circle Environmental - Hazardous Waste Planning and Technical Services Use Oil Collection and Outreach $45,000 $45,000 P 10/26/2021 12/15/2022 Contractor: (027977) FULL CIRCLE ENVIRONMENTAL INC 10/26/2021 CAG-21-256 BNSF Railway Company - Rail Corridor Improvements and Funding Agreement $1,300,000 $1,300,000 P 11/1/2021 12/31/2026 Contractor: (012418) BNSF RAILWAY COMPANY 11/1/2021 CAG-21-259 Parametrix - NPDES Permit Stormwater Management Action Planning $240,896 $240,896 P 11/3/2021 6/30/2023 Contractor: (060277) PARAMETRIX INC 11/3/2021 CAG-21-263 Renton Safer Access to Neighborhood Destinations Grant ($247,397.00 REV) $247,397 $247,397 R 11/23/2021 10/25/2023 Contractor: UNKNOWN VENDOR 11/23/2021 CAG-21-264 Transportation Demand Management Implementation Agreement Grant ($81,271.00 REV) $81,271 $81,271 R 11/17/2021 6/30/2023 Contractor: UNKNOWN VENDOR 11/17/2021 CAG-21-265 Pollution Prevention Assistance Partnership through interagency agreement grant ($175,000 REV) $175,000 $175,000 R 11/17/2021 6/30/2023 Contractor: UNKNOWN VENDOR 11/17/2021 CAG-21-273 Environmental Coalition of South Seattle (ECOSS) - Pollution Prevention Assistance through technical assistance and outreach to small businesses $170,000 $170,000 P 12/8/2021 6/20/2023 Contractor: (023147) ECOSS 12/8/2021 CAG-21-306 Pacifica Law Group - Legal Services - Rainier Av Phase 4 - conflict properties $30,000 $30,000 P 12/20/2021 12/31/2023 Contractor: (059960) PACIFICA LAW GROUP LLP 12/20/2021 CAG-21-307 McKenzie - Lobby Programming $40,737 $40,737 P 12/20/2021 2/28/2022 Contractor: (045998) MACKENZIE ENGINEERING INC 12/20/2021 CAG-21-308 Moriarty Enterprizes, LLC dba Mocoon - Stormwater Facility fencing Project $168,610 $168,610 P 12/10/2021 6/30/2022 Contractor: (050199) MOCON FENCE CONTRACTORS 12/10/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 32 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works BELOW CONTRACTS RECORDED FROM PREVIOUS REPORTING PERIOD CAG-15-080 Perteet, Inc. - NE Sunset Blvd Preliminary Design Phase $578,048 $685,254 P 4/6/2015 1/31/2025 Contractor: (061292) PERTEET INC Number DateType DescriptionAmount Adden #7-21 - Perteet, Inc. - Alternatives to 30% design (New Expiration Date: 01/31/2025) $20,199Addendum Adden #7-21 9/15/2021 CAG-18-155 Applied Ecology - Installation of new plantings, invasive species control, inspection path clearing $80,805 $187,648 P 8/7/2018 12/31/2022 Contractor: (005221) APPLIED ECOLOGY LLC Number DateType DescriptionAmount CO #4-21 - Applied Ecology, LLC - Vegetation clearing and grubbing along Cedar River levee wall for USACE inspection (SW273634) (New Expiration Date: 12/31/2022) $4,966Change CO #4-21 8/30/2021 CAG-20-001 Cascade Civil Construction, LLC. - Williams Av S and Wells Av S Conversion Project $7,733,423 $9,288,259 P 3/24/2020 3/30/2024 Contractor: (013903) CASCADE CIVIL CONSTRUCTION Number DateType DescriptionAmount CO #12-21 - Cascade Civil Construction LLC - Change Order #12, Sewer Revisions (New Expiration Date: 03/30/2024) $360,000Change CO #12-21 9/29/2021 CO #13-21 - Cascade Civil Construction LLC - Change Order #13, Storm Revisions (New Expiration Date: 03/30/2024) $37,000Change CO #13-21 9/29/2021 CO #16-21 - Cascade Civil Construction LLC - Change Order #16, Fiber Optic work by contractor (New Expiration Date: 03/30/2024) $10,000Change CO #16-21 9/16/2021 CO #11-21 - Cascade Civil Construction LLC - Change Order #11, curb, gutter an sidewalk revisions (New Expiration Date: 03/30/2024) $70,000Change CO #11-21 9/23/2021 CAG-20-126 Active Construction, Inc. - Lake Washington Loop Trail Project $1,709,709 $1,685,497 P 4/7/2021 12/31/2030 Contractor: (000767) ACTIVE CONSTRUCTION INC Number DateType DescriptionAmount CO #11-21 - Active Construction, Inc. - Additional working days (New Expiration Date: 12/31/2030) $0Change CO #11-21 9/10/2021 CO #1-21 - Active Construction, Inc. - RRFB Foundation Change (New Expiration Date: 12/31/2030) $-2,711Addendum CO #1-21 6/28/2021 CO #2-21 - Active Construction, Inc. - Storm pipe material change (New Expiration Date: 12/31/2030) $0Addendum CO #2-21 6/28/2021 CO #9-21 - Active Construction, Inc. - Plant Establishment & irrigation revisions (New Expiration Date: 12/31/2030) $-1,356Change CO #9-21 8/9/2021 CO #10-21 - Active Construction, Inc. - Time Extension - 9 days (New Expiration Date: 12/31/2030) $0Change CO #10-21 8/9/2021 CAG-20-127 Perteet, Inc. - Williams Avenue S and Wells Avenue S Conversion Project Construction Management Services $1,539,857 $1,579,050 P 6/30/2020 12/31/2024 Contractor: (061292) PERTEET INC Number DateType DescriptionAmount Adden #3-21 - Perteet - Time Extension Only (New Expiration Date: 12/31/2024) $0Addendum adden #3-21 6/30/2021 ADDED THIS CO #10-21 TO THE WRONG CONTRACT IN EDEN - Active Construction, Inc.- Time Extension - 9 days - DISREGARD SUPPLEMENTAL #3240 $0Addendum8/27/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 33 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-20-148 Washington State Department of Ecology - Stormwater Facility Retrofit Study Project (SWP274129) - $250,000 ($187,500 Grant, $62,500 City Match) $0 $0 R 8/10/2020 12/31/2022 Contractor: (1255) WASHINGTON STATE Number DateType DescriptionAmount Adden #1-21 - Washington State Department of Ecology - City of Renton Stormwater Facility Retrofit Study Project- Agreement Time Extension (New Expiration Date: 12/31/2022) $0Addendum Adden #1-21 9/23/2021 CAG-20-150 P.G.H. Excavating, Inc. - Renton School Crossings - Construction Contract - Renton Elementary and Middle School Crossings $374,703 $426,610 P 3/5/2021 12/31/2030 Contractor: (061616) PGH EXCAVATING INC Number DateType DescriptionAmount CORRECTION OF CO#1-21 Should have been a negative amount of -$6,608.77. (This entry is taking away what was entered in 6/8/2021 and adding the negative amount so it is doubled) $-13,218Change5/10/2021 CAG-20-338 Transpo Group USA, Inc. - Safe Routes to Transit - Design Engineering Services $34,800 $257,845 P 9/30/2020 12/31/2025 Contractor: (082361) TRANSPO GROUP USA INC Number DateType DescriptionAmount Adden #4-21 - Transpo group - Continuation to complete WSDOT permitting for pedestrian crossing (New Expiration Date: 12/31/2025) $5,100Addendum Adden #4-21 9/14/2021 CAG-21-003 Westwater Construction Company - Houser Way Intersection and Pedestrian Improvements Project $1,169,867 $1,169,867 P 7/21/2021 12/31/2925 Contractor: (091527) WESTWATER CONSTRUCTION CO 7/21/2021 CAG-21-011 Murraysmith, Inc. - Services During Construction for the Downtown Utility Improvement Project (WWP2703949) $1,597,678 $1,775,364 P 1/13/2021 1/21/2023 Contractor: (052444) MURRAYSMITH INC Number DateType DescriptionAmount Adden #1-21 - Murraysmith, Inc. - Downtown Utility Improvement Project Services During Construction (WWP2703949) (New Expiration Date: 01/21/2023) $177,686Addendum Adden #1-21 9/27/2021 10 $3,380,626 42 $1,048,756 33 $3,612,796 85 $8,042,178 4 $514,138 2 $0 0 $0 6 $514,138 14 $3,894,763 44 $1,048,756 33 $3,612,796 91 $8,556,315 Total Change Addendum New TotalReceivablesPayablesPublic Works Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 34 of 35 AGENDA ITEM #6. b) Contracts Fully Executed Detail For 10/01/2021 to 12/31/2021 93 $9,815,107 89 $1,585,810 42 $3,949,478 224 $15,350,395 9 $2,751,523 6 $4,800 0 $0 15 $2,756,323 10 $0 1 $0 0 $0 11 $0 112 $12,566,630 96 $1,590,610 42 $3,949,478 250 $18,106,718 Total Change Addendum New TotalMiscellaneousReceivablesPayablesGrand Total by Type 3 $1,835 195 $14,831,387 1 $4,557 4 $22,500 3 $228,215 2 $7,500 16 $254,402 224 $15,350,395 12 $2,756,323 3 $0 0 $0 0 $0 0 $0 0 $0 0 $0 15 $2,756,323 11 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 11 $0 26 $2,758,158 198 $14,831,387 1 $4,557 4 $22,500 3 $228,215 2 $7,500 16 $254,402 250 $18,106,718 Total Women Owned Minority Owned, Women Owned Minority Owned, Disadvantaged Business, Women Owned Minority Owned Disadvantaged Business, Women Owned Non-WMBE Unknown Vendor TotalMiscellaneousReceivablesPayablesGrand Total by WMBE \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:39:56PM Printed: 1/12/2022 Page 35 of 35 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Airport CAG-21-232 Material Testing & Consulting - Small Works Testing - Concrete Testing $5,040 $5,040 P 10/1/2021 1/31/2022 Contractor: (047590) MATERIALS TESTING & CONSULTING 10/1/2021 CAG-21-251 Aviation Management Consultant Group - Professional Services Agreement for Appraisal Services $28,250 $28,250 P 10/22/2021 3/31/2022 Contractor: (007012) AVIATION MANAGEMENT CONSULTING 10/22/2021 CAG-21-285 ADK Consulting - Provide Candidate pool development for the airport division $15,000 $15,000 P 12/7/2021 1/7/2022 Contractor: (000911) ADK CONSULTING INC 12/7/2021 LAG-19-004 Puget Sound Energy - 622 Hangar ($6,280.86 per month) $0 $0 R 5/14/2019 2/28/2022 Contractor: UNKNOWN VENDOR 5/14/2019 3 $48,290 1 $0 4 $48,290 Total TotalReceivablesPayablesAirport Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 1 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration CED CAG-16-169 Hocevar Real Estate, LLC - Façade Improvement for 332 Burnett Av S $165,000 $165,000 P 10/12/2016 1/31/2022 Contractor: (034798) HOCEVAR REAL ESTATE 10/12/2016 CAG-17-002 3rd & Williams, LLC - Façade Improvement Agreement for 306 Williams Av S $45,000 $45,000 P 1/9/2017 5/31/2022 Contractor: UNKNOWN VENDOR 1/9/2017 CAG-21-144 JayRay Ads and PR - Econ Dev Marketing Initiatives & Strategic Consulting $120,000 $120,000 P 6/7/2021 5/30/2022 Contractor: (039099) JAYRAY ADS & PR INC 6/7/2021 CAG-21-304 Rice-N-Curry - Small Business Resiliency Grant Program $7,500 $7,500 P 12/20/2021 1/31/2022 Contractor: (118785) RICE N CURRY LLC Minority Owned, Disadvantaged Business, Women Owned 12/20/2021 CAG-21-333 Dubtown - Small Business Resiliency Grant Program $7,500 $7,500 P 1/6/2022 1/31/2022 Contractor: (022345) DUBTOWN BREWING COMPANY 1/6/2022 CAG-21-334 Blossom Awesome Inc dba Blossom Vegetarian - Small Business Resiliency Grant Program $7,500 $7,500 P 1/10/2022 1/31/2022 Contractor: (010134) BLOSSOM VEGETARIAN 1/10/2022 CAG-21-336 Wyldwood Creative LLC - Small Business Resiliency Grant Program $7,500 $7,500 P 1/10/2022 1/31/2022 Contractor: (114766) WYLDWOOD CREATIVE Women Owned 1/10/2022 7 $360,000 7 $360,000 Total TotalPayablesCED Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 2 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Community Services \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 3 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Community Services CAG-18-007 King & Bunny's Appliances - Neighborhood Program Trailer & Events $5,000 $5,000 R 1/5/2018 1/31/2022 Contractor: UNKNOWN VENDOR 1/5/2018 CAG-19-361 Renton Ecumenical Association of Churches (REACH) - Operational Funding for two years $240,000 $355,000 P 12/11/2019 4/4/2022 Contractor: (067105) RENTON ECUMENICAL ASSOCIATION 12/11/2019 Adden #1-21 - REACH - Cost of six months expenditures (New Expiration Date: 04/04/2022) $115,000Addendum Adden #1-21 9/23/2021 CAG-20-010 PND Engineers - Design & Construction Admin Support for Coulon Memorial Beach Park North Waterwalk Improvements $285,783 $393,711 P 1/13/2020 3/31/2022 Contractor: (061121) PND ENGINEERS 1/13/2020 Adden #1-20 - PND Engineers - Corrosion Protection Study - North Waterwalk piles (New Expiration Date: 03/31/2022) $8,250Addendum Adden #1-20 4/27/2020 Adden #2-20 - PND Engineers - Design/construction support services for pile corrosion protection & add'l regulatory coordination (New Expiration Date: 03/31/2022) $64,039Addendum Adden #2-20 12/16/2020 Adden #3-21 - PND Engineers - Provide services associated with Restoration and Planting (RAP) Mitigation and Planting Design - Coulon Park North Waterwalk Improvements (New Expiration Date: 03/31/2022) $35,640Addendum Adden #3-21 9/16/2021 CAG-20-012 The First Tee of Greater Seattle - Youth Golf Clinics at Maplewood Driving Range $2,700 $7,500 R 1/10/2020 6/30/2022 Contractor: UNKNOWN VENDOR 1/10/2020 Adden #1-21 - The First Tee - Additional scope of work and time extension ($4800 rev) (New Expiration Date: 02/28/2021) $0AddendumAdden #1-21 1/8/2021 Adden #2-21 - The First Tee - Covid-19 Operational Plan, TFT Winter Clinic Series and time extension ($4800 rev) (New Expiration Date: 06/30/2022) $4,800Addendum Adden #2-21 12/14/2021 CAG-20-139 FitLot - Partnership Agreement- AARP-sponsored Outdoor Fitness Park $0 $0 M 7/9/2020 4/30/2022 Contractor: UNKNOWN VENDOR 7/9/2020 Adden #1-21 - FitLot - Use of Grant for Annual Fitness Class funding & one-time Social Media Support funding ($4,010 rev) (New Expiration Date: 04/30/2022) $0Addendum Adden #1-21 5/12/2021 CAG-20-488 School's Out Washington - After school programs for youth - Best Start for Kids, STREAM Team at Highlands Neighborhood Center ($174,005 REV) $174,005 $174,005 R 12/14/2020 1/31/2022 Contractor: (6606) SCHOOLS OUT WASHINGTON 12/14/2020 Adden #1-21 - School's Out Washington - time extension (New Expiration Date: 01/31/2022) $0Addendum Adden #1-21 12/29/2021 CAG-21-136 PlanIT Geo, LLC - 2021 Agreement for Forest Management Plan Professional Services $99,980 $99,980 P 5/24/2021 2/28/2022 Contractor: (062185) PLAN IT GEO LLC 5/24/2021 CAG-21-212 DES/McKinstry - Multiple Facilities Audit ESCO Ph3 $82,500 $82,500 P 9/23/2021 3/31/2022 Contractor: (048353) MCKINSTRY ESSENTION LLC 9/23/2021 CAG-21-220 Removal & Installation of Two new overhead doors & motorized Operators at the 200 Mill building $24,813 $24,813 P 9/15/2021 1/1/2022 Contractor: (063090) PRECISION DOOR SERVICES 9/15/2021 CAG-21-231 Wagner Architects - Provide a master plan that will include layout, development and location for parks maintenance shop $50,000 $50,000 P 9/30/2021 1/29/2022 Contractor: (068828) WAGNER ARCHITECTS 9/30/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 4 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Community Services CAG-21-237 Wiss, Janney, Elstner Associates, Inc. - Conduct a thorough investigation to find out the root cause of the structural issue of the Liberty Park Grandstand $9,359 $9,359 P 10/5/2021 1/1/2022 Contractor: (092465) WISS JANNEY ELSTNER ASSOCIATES 10/5/2021 CAG-21-238 Native Green Landscapes - Repair/Replace the Decking at the Senior center 2nd floor Outdoor Decks. $15,482 $35,973 P 10/5/2021 3/30/2022 Contractor: (053120) NATIVE GREEN LANDSCAPES 10/5/2021 CO #1-21 - Native Green Landscapes - Repair to building damage not visible during the initial job walk through (New Expiration Date: 03/30/2022) $20,491Change CO #1-21 12/20/2021 CAG-21-244 Landau Associates, Inc - Level 1 Environmental Assessment - Perelli Parcel 722400200 $6,800 $6,800 P 10/18/2021 1/31/2022 Contractor: (043313) LANDAU ASSOCIATES INC 10/18/2021 Adden #1-21 - Landau & Associates - time extension (New Expiration Date: 01/31/2022) $0Addendum Adden #1-21 12/13/2021 CAG-21-248 NW Playground Equipment - Kennydale Beach Park Playground Replacement $134,149 $134,149 P 10/22/2021 5/1/2022 Contractor: (056742) NW PLAYGROUND EQUIPMENT INC 10/22/2021 CAG-21-249 Servpro of Renton - LEAD ABATEMENT - 200 MILL BUILDING $33,915 $33,915 P 10/22/2021 3/22/2022 Contractor: (073869) SERVPRO OF RENTON Minority Owned, Disadvantaged Business, Women Owned 10/22/2021 CAG-21-262 Merina+Co - Consulting services to assess Recreation Division's finance operations, functions, policies and procedures $54,500 $54,500 P 11/10/2021 4/30/2022 Contractor: (048807) MERINA & COMPANY LLP Women Owned 11/10/2021 CAG-21-271 Flemings Holiday Lighting - Installation, maintenance & removal of holiday lights at Coulon Beach Memorial Park, Piazza Park, Clock Tower and Downtown light poles $71,742 $71,742 P 11/30/2021 1/31/2022 Contractor: (026563) FLEMINGS HOLIDAY LIGHTING LLC 11/30/2021 CAG-21-272 Applied Ecology - Vegetation management along Cedar River Trail $17,638 $17,638 P 11/28/2021 2/28/2022 Contractor: (005221) APPLIED ECOLOGY LLC 11/28/2021 CAG-21-293 Absco Alarms, Inc - Surveillance Camera Project $16,167 $16,167 P 12/16/2021 2/28/2022 Contractor: (000310) ABSCO ALARMS INC 12/16/2021 CAG-22-007 REACH - STAFFING AGREEMENT FOR SEVERE WEATHER SHELTER $16,600 $16,600 P 1/12/2022 5/1/2022 Contractor: (067105) RENTON ECUMENICAL ASSOCIATION 1/12/2022 22 $1,402,847 6 $186,505 2 $0 30 $1,589,352 Total TotalMiscellaneousReceivablesPayablesCommunity Services Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 5 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Consultant CAG-14-126 Mead & Hunt, Inc - Consultant agreement for Airport Master Plan $837,705 $1,095,895 P 9/16/2014 6/30/2022 Contractor: (048618) MEAD & HUNT INC 9/16/2014 Adden #1-16 - Mead & Hunt, Inc. - Consultant agreement for Airport Master Plan - time extension only (New Expiration Date: 02/28/2018) $0Addendum Adden #1-16 12/12/2016 Adden #2-18 - Mead & Hunt Inc - Extend Contract Date (New Expiration Date: 12/31/2018) $0Addendum Adden #2-18 12/6/2018 Adden #3-18 - Mead & Hunt, Inc. - Extend contract (New Expiration Date: 12/31/2019) $0Addendum Adden #3-18 12/21/2018 Adden #4-19 - Mead & Hunt - Airport Master Plan$40,641Addendum Adden #4-19 5/5/2019 Adden #5-19 - Mead & Hunt - Increase in Scope of Work for the Airport Master Plan $3,183Change Adden #5-19 7/23/2019 Adden #6-19 - Mead & Hunt - Airport Master Plan Closeout Under Grant 26 $0Addendum Adden #6-19 7/18/2019 Adden #8 - Airport Master Plan Amendment #8 - additional amountNOTE: Adden #7 was cancelled (New Expiration Date: 12/31/2020) $214,366Addendum Adden #8-20 1/8/2020 Adden #9-21 - Mead & Hunt, Inc - Extend time of completion to December 31, 2021 (New Expiration Date: 12/31/2021) $0Addendum Adden #9-21 3/11/2021 Adden #10-21 - Mead and Hunt, Inc. - Extend time of completion to June 30, 2022 (New Expiration Date: 06/30/2022) $0Addendum Adden #10-21 8/2/2021 10 $1,095,895 10 $1,095,895 Total TotalPayablesConsultant Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 6 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Executive CAG-20-495 Outcomes by Levy - Consultant Agreement for Legislative Services $332,000 $332,000 P 12/22/2020 1/31/2022 Contractor: (058621) OUTCOMES BY LEVY LLC 12/22/2020 CAG-21-030 Benita Horn & Associates - Consulting Services for Inclusion Program $78,000 $78,000 P 2/11/2021 3/31/2022 Contractor: (009242) BENITA R HORN & ASSOCIATES Minority Owned, Women Owned 2/11/2021 Adden #1-21 - Benita Horn & Associates - time extension (New Expiration Date: 03/31/2022) $0Addendum Adden #1-21 12/7/2021 CAG-21-222 Tripepi Smith & Assoc - Agreement for Communications Services $75,000 $75,000 P 9/23/2021 4/20/2022 Contractor: (082700) TRIPEPI SMITH ASSOCIATES INC 9/23/2021 4 $485,000 4 $485,000 Total TotalPayablesExecutive Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 7 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration HRRM CAG-20-013 Public Safety Testing, Inc - Written & Physical Ability Testing for Police Officer/Law Enforcement candidates $22,864 $22,864 P 10/18/2019 6/30/2022 Contractor: UNKNOWN VENDOR 10/18/2019 CAG-20-494 Alliant Insurance - Liability Insurance Policy Application 2021 $538,239 $538,239 P 12/17/2020 1/1/2022 Contractor: (001910) ALLIANT INSURANCE SERVICES 12/17/2020 CAG-21-199 LatPro, Inc - Agreement for Employment Advertising $4,250 $4,250 P 8/9/2021 1/31/2022 Contractor: (043677) LATPRO INC 8/9/2021 3 $565,353 3 $565,353 Total TotalPayablesHRRM Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 8 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Information Technology CAG-20-478 Kroll Responder Security Services - End Point security monitoring and response services (month to month, no expiration date) $76,150 $201,150 P 11/24/2020 5/25/2022 Contractor: (042956) KROLL ASSOCIATES INC 11/24/2020 Adden #1-21 - Kroll Responder - Renewal for Security Services (New Expiration Date: 05/25/2022) $125,000Addendum Adden #1-21 4/9/2021 CAG-22-006 Caracal Enterprises LLC dba VenTek International - Agreement for Credit Card Processing Service at Coulon Park Boat Launch $1,580 $1,580 P 1/7/2022 6/30/2022 Contractor: (085815) VENTEK INTL 1/7/2022 3 $202,730 3 $202,730 Total TotalPayablesInformation Technology Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 9 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Other CAG-13-161 Puget Sound Refrigeration Mechanical - HVAC Maintenance -Guaranteed Service Program for Maplewood Golf Course $8,856 $76,651 P 8/14/2013 6/30/2022 Contractor: (064542) PSR 8/14/2013 Adden #1-15 - Puget Sound Refrigeration Mechanical - Clubhouse HVAC maintenance program (Prevous Expiration Date: 06/30/2015 and New Expiration Date: 06/30/2015) $8,856Addendum Adden #1-15 6/22/2015 Adden #2-16 - Puget Sound Refrigeration Mechanical - Extension of Time of performance and additional CPI amount (New Expiration Date: 06/30/2017) $9,145Addendum Adden #2-16 6/29/2017 Adden #3-17 - PSR Mechanical - time extension and annual amount. (Prevous Expiration Date: 06/30/2017 and New Expiration Date: 06/30/2018) $9,412Addendum Adden #3-17 6/14/2017 Adden #4-18 - Puget Sound Refrigeration (PSR) - contract renewal for HVAC services at Maplewood Golf Course (Prevous Expiration Date: 06/30/2018 and New Expiration Date: 06/30/2019) $9,702AddendumAdden #4-18 7/12/2018 Adden #5-19 - PSR - Additional scope of work & time extension (New Expiration Date: 06/30/2020) $9,972Addendum Adden #5-19 6/6/2019 Adden #5a-20 - Puget Sound Refrigeration - Maplewood Gofl Course - corrected time of completion to 6/30/2020 per contract. (New Expiration Date: 06/30/2020) $0Addendum2/24/2020 Adden #6-21 - PSR Mechanical - Additional work and time extension (New Expiration Date: 06/30/2021) $10,256AddendumAdden #6-21 1/22/2021 Adden #7-21 - PSR - Additional work and time extension (New Expiration Date: 06/30/2022) $10,451Addendum Adden #7-21 8/23/2021 9 $76,651 9 $76,651 Total TotalPayablesOther Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 10 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Police CAG-20-142 Department of Justice - Office of Justice Programs - JA FY 20 Coronavirus Emergency Supplemental Funding Program - funds for the prevention, planning, and response to Corona Virus. (GRANT $100,954.00) $100,954 $100,954 R 7/22/2020 1/31/2022 Contractor: UNKNOWN VENDOR 7/22/2020 CAG-21-178 King County Sheriff's Office - Cost Reimbursement Agreement - 2021 - 2022 Registered Sex Offender Grant $16,247 $16,247 R 8/9/2021 6/30/2022 Contractor: UNKNOWN VENDOR 8/9/2021 2 $117,201 2 $117,201 Total TotalReceivablesPolice Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 11 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 12 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-16-108 Stantec Consulting Services - Thunder Hills Sanitary Sewer Interceptor Replacement Project - Design and Construction Services $313,700 $588,725 P 6/23/2016 3/31/2022 Contractor: (077215) STANTEC CONSULTING SVCS INC 6/23/2016 Adden #1-17 - Stantec Consulting Services, Inc. - additional mitigation plan development and incorporation. (Prevous Expiration Date: 12/31/2018 and New Expiration Date: 12/31/2018) $82,492Addendum Adden #1-17 5/15/2017 Adden #2-17 - Stantec Consulting Services, Inc. - additional work. (Prevous Expiration Date: 12/31/2018 and New Expiration Date: 12/31/2018) $21,700Addendum Adden #2-17 8/23/2017 Adden #3-19 - Stantec Consulting - Extend Expiration Date only (New Expiration Date: 09/30/2020) $0Addendum Adden #3-19 1/30/2019 Adden #4-19 - Stantec Consulting Services, Inc. - Additional Services for permit completion (New Expiration Date: 03/31/2021) $170,833Addendum Adden #4-19 4/25/2019 Adden #5-21 - Stantec Consulting Services, Inc - Time Extension for Thunder Hills Sewer Project (WWP2703921) (New Expiration Date: 03/31/2022) $0Addendum Adden #5-21 3/18/2021 CAG-17-160 The Boeing Company - License Agreement for installation of long-term bike trail signage on Logan Ave N. $0 $0 M 7/24/2017 1/31/2022 Contractor: UNKNOWN VENDOR 7/24/2017 CAG-17-193 Carollo Engineers, Inc. - Water System Plan Update $421,419 $476,702 P 10/23/2017 6/30/2022 Contractor: (013783) CAROLLO ENGINEERS PC 10/23/2017 Adden #1-19 - Carollo Engineers, inc. -Time extension only (New Expiration Date: 06/30/2020) $0Addendum Adden #1-19 12/16/2019 Adden #2-20 - Carollo Engineering - Additional services for hydraulic modeling training and support (New Expiration Date: 06/30/2021) $55,283Addendum Adden #2-20 6/15/2020 Adden #3-21 - Carollo Engineers, Inc. - Time extension only - Additional time for hydraulic model training and support, WTR-09-0027 (New Expiration Date: 06/30/2022) $0Addendum Adden #3-21 6/21/2021 CAG-18-201 Department of Ecology - DOE - Duvall Avenue NE Project - Grant agreement to include water quality improvements $1,631,919 $1,631,919 R 9/23/2018 6/30/2022 Contractor: (4638) WA STATE DEPT OF ECOLOGY 9/23/2018 Adden #1-21 - Washington State Department of Ecology - Extend grant agreement expiration date (New Expiration Date: 06/30/2022) $0Addendum Adden #1-21 6/2/2021 CAG-18-224 Department of Ecology - DOE - Grant for NE 16th St - Jefferson Av NE Stormwater Green Connections Project (Rev: $2,683,460.00) $2,683,460 $2,683,460 R 11/5/2018 6/30/2022 Contractor: (1255) WASHINGTON STATE 11/5/2018 CAG-18-229 WA Transportation (WSDOT) - Grant Agreement for Houser Way Bridge - Seismic Retrofit & Painting ($536,300 rev) $536,300 $536,300 R 12/6/2018 6/30/2022 Contractor: (1257) WA ST DOT - NW REGION 12/6/2018 CAG-19-031 Design Services for NE 16th ST - Jefferson Av NE Stormwater Green Connections Project SWP 27-4016 $424,541 $430,919 P 2/5/2019 6/30/2022 Contractor: (042772) KPG INC 2/5/2019 Adden #1-19 - KPG, Inc. Design Services for irrigation added to scope of work $6,378Addendum Adden #1-19 5/30/2019 CAG-19-139 Osborn Consulting, Inc. - Design services fo SE 172nd St & 125th SE. Green Stormwater Infrastructure Design Project SWP-27-4037 $257,889 $386,471 P 4/29/2019 6/30/2022 Contractor: (058414) OSBORN CONSULTING INC 4/29/2019 Adden #1-20 - Osborn Consulting, inc. - 100% Design for SE 172nd St & 125th Ave SE GSI (New Expiration Date: 06/30/2021) $128,582Addendum Adden #1-20 12/16/2020 REVISED ADDEN #1A-20 - EXPIRATION DATE WAS INCORRECT. Should have been 6//30/2022 all along. Osborn Consulting Inc - 100% Design for SE 12nd St & 125th Ave SE GSI (New Expiration Date: 06/30/2022) $0Addendum Adden #1a-20 12/18/2020 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 13 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-19-158 Wa State Transportation Improvement Board - Complete Streets Grant - Houser Way Intersection Pedestrian Improvements Project ($400,000.00) $400,000 $400,000 R 5/29/2019 6/1/2022 Contractor: (1244) WA ST TIB 5/29/2019 CAG-19-313 Otak, Inc. - Design Services for the Montroe Av NE Storm Improvement Project - Phase 1 $189,602 $786,454 P 10/30/2019 6/30/2022 Contractor: (058565) OTAK INC 10/30/2019 Adden #1-20 - Otak, Inc. - Pilot Infiltration Tests for Monroe Ave NE Storm Improvement (New Expiration Date: 12/31/2020) $37,935Addendum Adden #1-20 4/27/2020 Adden #2-20 - Otak, inc. - Monroe Ave NE Storm Improvement - Phase 2 (SWP274080) (New Expiration Date: 12/31/2021) $558,917Addendum Adden #2-20 12/16/2020 Adden #3-21 - Otak, Inc - time extension (New Expiration Date: 06/30/2022) $0Addendum Adden #3-21 12/15/2021 CAG-20-048 OAC Services - Maplewood Water Treatment Plant Roof Repairs - Inspection & Design Services $87,485 $96,975 P 2/25/2020 6/30/2022 Contractor: (057252) OAC SERVICES INC 2/25/2020 Adden #1-20 - OAC Services - Time Extension for Maplewood Water Treatment Plant Roof Repairs (WTR2704102) (New Expiration Date: 12/31/2021) $0Addendum Adden #1-20 12/17/2020 Adden #2-21 - OAC Services, Inc. - Additional Services and Time Extension for Maplewood WTP Roof Repairs (WTR-27-4102) (New Expiration Date: 06/30/2022) $9,490Addendum Adden #2-21 10/4/2021 CAG-20-052 Concord Engineering _ Professional Services for Network Mobility Evaluation $34,450 $63,420 P 2/27/2020 4/30/2022 Contractor: (017705) CONCORD ENGINEERING INC Minority Owned, Disadvantaged Business, Women Owned 2/27/2020 CAG-20-052 - Concord Engineering - time extension and scope amendment (New Expiration Date: 07/31/2021) $0Addendum Adden #1-20 10/21/2020 Adden #2-21 - Concord Engineering - scope addition and time extension (New Expiration Date: 04/30/2022) $28,970Addendum Adden #2-21 5/27/2021 CAG-20-066 Wa State Department of Transportation - Prospectus for the Renton Avenue South Preservation Project (contract will be rev: $1,020,700) $1,020,700 $1,020,700 R 3/11/2020 3/2/2022 Contractor: UNKNOWN VENDOR 3/11/2020 CAG-20-332 Nordvind Company - Project Name: Renton Airport Private Lift Station $302,530 $302,530 P 9/7/2020 6/30/2022 Contractor: (055784) NORDVIND SEWER SERVICE LLC 9/7/2020 CAG-20-378 WSP USA Inc. - Stormwater Facility Feasibility Study for future Water Quality Improvement (SWP274129) $228,721 $228,721 P 9/30/2020 6/30/2022 Contractor: (060557) WSP USA INC 9/30/2020 CAG-21-025 KPG, Inc.- Construction Engineering Support - NE 16th St & Jefferson Ave NE Stormwater Green Connections Project (SWP274016 $30,176 $30,176 P 2/1/2021 2/28/2022 Contractor: (042772) KPG INC 2/1/2021 CAG-21-026 King County Metro - 2021-2022 ORCA Cards and Business Passport Products $69,362 $69,362 P 1/5/2021 2/28/2022 Contractor: (041608) KING CNTY FINANCE 1/5/2021 CAG-21-077 MIG, Inc - Consulting services to conduct feasibility study for Hoquiam Ave NE Non-Motorized Improvements $51,950 $51,950 P 4/2/2021 6/1/2022 Contractor: (050948) MIG, INC 4/2/2021 Adden #1-21 - MIG, Inc. - Consulting services to conduct feasibility study - time Extension only (New Expiration Date: 06/01/2022) $0Addendum Adden #1-21 12/1/2021 CAG-21-104 Insituform Techonologies, LLC - Renton Highlands Sanitary Sewer Rehabilitation Phase II $688,683 $688,683 P 8/23/2021 6/1/2022 Contractor: UNKNOWN VENDOR 8/23/2021 \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 14 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 ExecutedContract # Description Original Amt Current Amt Class Expiration Public Works CAG-21-142 StreetScan, Inc. - 2021 Walkway Condition Assessment $98,468 $98,468 P 5/27/2021 3/31/2022 Contractor: (078464) STREETSCAN INC 5/27/2021 2021 walkway assessment & expiration date (New Expiration Date: 03/31/2022) $0Addendum Adden #1-21 10/25/2021 CAG-21-193 RH2 Engineering, Inc. - West Hills Booster Pump Station Improvements Design $216,343 $216,343 P 8/5/2021 5/31/2022 Contractor: (068180) RH2 ENGINEERING INC 8/5/2021 CAG-21-195 Iron Creek Construction, LLC - Construction of Taylor Ave NW Storm Improvements Project – Phase I $213,680 $213,680 P 10/22/2021 1/31/2022 Contractor: (038588) IRON CREEK CONSTRUCTION LLC 10/22/2021 CAG-21-214 Transpo Group, USA - Professional Services for LocalRoad Safety & Action Plan $34,000 $34,000 P 9/8/2021 6/30/2022 Contractor: (082361) TRANSPO GROUP USA INC 9/8/2021 CAG-21-307 McKenzie - Lobby Programming $40,737 $40,737 P 12/20/2021 2/28/2022 Contractor: (045998) MACKENZIE ENGINEERING INC 12/20/2021 CAG-21-308 Moriarty Enterprizes, LLC dba Mocoon - Stormwater Facility fencing Project $168,610 $168,610 P 12/10/2021 6/30/2022 Contractor: (050199) MOCON FENCE CONTRACTORS 12/10/2021 39 $4,972,926 6 $6,272,379 1 $0 46 $11,245,305 Total TotalMiscellaneousReceivablesPayablesPublic Works Subtotal \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 15 of 16 AGENDA ITEM #6. b) Expiring Contracts Summary For 01/01/2022 to 06/30/2022 100 $9,209,692 15 $6,576,084 3 $0 118 $15,785,777 Total TotalMiscellaneousReceivablesPayablesGrand Total \\EDEN\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt Data as of: 1/12/2022 6:41:16PM Printed: 1/12/2022 Page 16 of 16 AGENDA ITEM #6. b) AB - 3065 City Council Regular Meeting - 07 Feb 2022 SUBJECT/TITLE: CONTRACT AWARD: Lift Station and Force Main Rehab Phase 2 (Group 1B); CAG-21-261 RECOMMENDED ACTION: Council Concur DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: Contract Amount: $518,571 Total Budget: $3,587,524 Engineer's Estimate: $880,000 SUMMARY OF ACTION: On January 11, 2022, The City Clerk opened sealed bids for CAG-21-261, Lift Station and Force Main Rehab Phase 2 (Group 1B). The bid opening met the following Council criteria: 1) There was more than one bid. 2) The lowest responsive and responsible bid was within budget. 3) There were no irregularities with the lowest responsive and responsible bid. Therefore, staff recommends awarding the Lift Station and Force Main Rehab Phase 2 (Group 1B) project, to the lowest responsive and responsible bidder, Gary Harper Construction, Inc., in the amount of $518,571. EXHIBITS: A. Issue Paper B. Staff Bid Tab C. Bidder Responsibility Evaluation Form D. Clerk Bid Tab STAFF RECOMMENDATION: Award CAG-21-261, Lift Station and Force Main Rehab Phase 2 (Group 1B) p roject to the lowest responsive and responsible bidder, Gary Harper Construction, Inc., in the amount of $518,571. AGENDA ITEM #6. c) PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:January 31, 2022 TO:Jason Seth, City Clerk FROM:Martin Pastucha, Public Works Administrator STAFF CONTACT:Ron Straka, Utility Systems Director Joe Stowell, Wastewater Utility Manager SUBJECT:Bid Award – Lift Station and Force Main Rehab Phase 2 (Group 1B) CAG-21-261 (WWP2704059) The Public Works Department has reviewed the bids submitted for the Lift Station and Force Main Rehab Phase 2 (Group 1B) project and recommends that contract CAG-21-261 be awarded to the lowest responsive bidder, Gary Harper Construction, Inc. We request that this item be placed on February 7, 2022, Council meeting consent agenda for Council Concur. This project will rehabilitate the Baxter, Devil’s Elbow, and East Valley lift stations. The work will include mechanical, electrical, and structural improvements to the lift station and force main for each facility. The bid opening was held on January 11, 2022. Seven bids were received. The low bidder for the project is Gary Harper Construction Inc. with a bid of $518,571.00. The engineer’s estimate for project construction was $880,000. The Public Works Department has reviewed the bids submitted for completeness, the inclusion of all required forms, bid bond, acknowledgments of addenda, and mathematical correctness of the bid. All the bidders submitted the required forms, and none of their respective bids contained any errors. The recommended contractor has prior experience performing sanitary sewer lift station and force main improvements including replacement of the City of Renton’s Misty Cove Lift Station in 2014. Funding for the project is available from the approved 2021 Wastewater Utility Capital Improvement Program Sanitary Sewer Rehabilitation/Replacement Project account 426.465508 (Force Main Rehab) and 426.465516 (Lift Station Rehab). The total remaining budget available for the project in these accounts is in the amount of $3,587,524. The bid tabulation showing the engineer’s estimate, the low bid, and the other bids submitted are attached for your reference. If you have any questions, please contact Joe Stowell at (425) 430-7212 or by email at jstowell@rentonwa.gov. AGENDA ITEM #6. c) Jason Seth, City Clerk Page 2 of 2 January 31, 2022 Attachments cc: Ron Straka, Utility Systems Director Joe Stowell, Wastewater Utility Engineering Manager AGENDA ITEM #6. c) ProjectLift Station and Force Main Rehab Phase 2 (Group 1B)City of RentonGary Harper Construction Inc. Equity Builders LLCDate January 11, 2022Engineers EstimateItem UnitEst.Unit BidUnitBidUnitBidNo. Description Price QuantityPriceAmountPriceAmountPriceAmount1ation, Demobilization, and Cleanup (not to exceed 10% of contraLump Sum 1 116,000.00 116,000.00 46,500.00 46,500.00 52,000.00 52,000.002 COVID-19 Health and Safety Plan (CHSP) Lump Sum 1 3,000.00 3,000.00 600.00 600.00 1,200.00 1,200.003 Trench Safety and Shoring Lump Sum 1 3,600.00 3,600.00 1,800.00 1,800.00 2,400.00 2,400.004 Temporary Sedimentation and Erosion Control Lump Sum 1 7,200.00 7,200.00 3,000.00 3,000.00 1,600.00 1,600.005 Traffic Control Lump Sum 1 7,200.00 7,200.00 3,800.00 3,800.00 2,400.00 2,400.006 Magnetic Locate Markers Each 9 5,400.00 48,600.00 1,820.00 16,380.00 4,000.00 36,000.007 Vactor Piping Improvements Lump Sum 1 14,400.00 14,400.00 7,800.00 7,800.00 11,000.00 11,000.008 Temporary Pump System at Devil's Elbow LS Lump Sum 1 7,200.00 7,200.00 21,900.00 21,900.00 11,000.00 11,000.009 Restoration, Landscape Areas Square Feet 25 36.00 900.00 242.00 6,050.00 100.00 2,500.0010 Restoration, Asphalt Surfacing Square Feet 150 96.00 14,400.00 30.30 4,545.00 50.00 7,500.0011 Restoration, Concrete Surfacing Square Feet 350 72.00 25,200.00 24.50 8,575.00 22.00 7,700.0012 Baxter Lift Station Mechanical Lump Sum 1 63,600.00 63,600.00 8,400.00 8,400.00 8,500.00 8,500.0013 Baxter Lift Station Electrical Lump Sum 1 45,600.00 45,600.00 29,000.00 29,000.00 51,000.00 51,000.0014 Devil's Elbow Access Road, Shoulder Ditch Stabilization Linear Feet 800 60.00 48,000.00 72.00 57,600.00 43.00 34,400.0015 Devil's Elbow Access Road, Asphalt Drainage Berm Linear Feet 30 120.00 3,600.00 60.00 1,800.00 200.00 6,000.0016 Devil's Elbow Lift Station Coating Removal Square Feet 450 60.00 27,000.00 49.00 22,050.00 20.00 9,000.0017 Devil's Elbow Lift Station Mechanical Lump Sum 1 46,800.00 46,800.00 8,200.00 8,200.00 9,400.00 9,400.0018 East Valley Lift Station Site Work Lump Sum 1 127,200.00 127,200.00 35,500.00 35,500.00 78,000.00 78,000.0019 East Valley lift Station Electrical Lump Sum 1 131,400.00 131,400.00 129,500.00 129,500.00 129,000.00 129,000.0020 O&M Manuals and On-Site Owner Training Lump Sum 1 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.0021 Minor Change Lump Sum 1 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.0022 Prepare Construction Records Lump Sum 1 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00Subtotal 798,900.00 471,000.00 518,600.00Tax (10.1%) 80,688.90 47,571.00 52,378.60Total 879,588.90 518,571.00 570,978.60880,000.00Page 1 of 3AGENDA ITEM #6. c) ProjectLift Station and Force Main Rehab Phase 2 (Group 1B)Date January 11, 2022Item Unit Est.No. Description Price Quantity1ation, Demobilization, and Cleanup (not to exceed 10% of contraLump Sum 12 COVID-19 Health and Safety Plan (CHSP) Lump Sum 13 Trench Safety and Shoring Lump Sum 14 Temporary Sedimentation and Erosion Control Lump Sum 15 Traffic Control Lump Sum 16 Magnetic Locate Markers Each 97 Vactor Piping Improvements Lump Sum 18 Temporary Pump System at Devil's Elbow LS Lump Sum 19 Restoration, Landscape Areas Square Feet 2510 Restoration, Asphalt Surfacing Square Feet 15011 Restoration, Concrete Surfacing Square Feet 35012 Baxter Lift Station Mechanical Lump Sum 113 Baxter Lift Station Electrical Lump Sum 114 Devil's Elbow Access Road, Shoulder Ditch Stabilization Linear Feet 80015 Devil's Elbow Access Road, Asphalt Drainage Berm Linear Feet 3016 Devil's Elbow Lift Station Coating Removal Square Feet 45017 Devil's Elbow Lift Station Mechanical Lump Sum 118 East Valley Lift Station Site Work Lump Sum 119 East Valley lift Station Electrical Lump Sum 120 O&M Manuals and On-Site Owner Training Lump Sum 121 Minor Change Lump Sum 122 Prepare Construction Records Lump Sum 1Harkness Construction LLC Award Construction Inc Northwest Cascade IncUnitBidUnitBidUnitBidPriceAmountPriceAmountPriceAmount48,000.00 48,000.00 50,000.00 50,000.00 54,000.00 54,000.005,000.00 5,000.00 2,000.00 2,000.00 500.00 500.005,000.00 5,000.00 3,000.00 3,000.00 5,000.00 5,000.005,000.00 5,000.00 10,000.00 10,000.00 20,515.00 20,515.0010,080.00 10,080.00 20,000.00 20,000.00 37,885.00 37,885.001,000.00 9,000.00 1,700.00 15,300.00 2,150.00 19,350.006,000.00 6,000.00 22,000.00 22,000.00 18,500.00 18,500.005,300.00 5,300.00 50,000.00 50,000.00 95,900.00 95,900.00100.00 2,500.00 55.00 1,375.00 130.00 3,250.0037.00 5,550.00 60.00 9,000.00 55.20 8,280.0030.00 10,500.00 50.00 17,500.00 37.50 13,125.0030,000.00 30,000.00 20,000.00 20,000.00 26,825.00 26,825.0042,000.00 42,000.00 30,000.00 30,000.00 38,500.00 38,500.00120.00 96,000.00 65.50 52,400.00 13.60 10,880.0050.00 1,500.00 160.00 4,800.00 201.00 6,030.0030.00 13,500.00 30.00 13,500.00 36.60 16,470.0030,000.00 30,000.00 17,000.00 17,000.00 43,050.00 43,050.0040,000.00 40,000.00 90,000.00 90,000.00 52,415.00 52,415.00102,000.00 102,000.00 125,000.00 125,000.00 134,375.00 134,375.003,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.0050,000.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.005,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00524,930.00 610,875.00 662,850.0053,017.93 61,698.38 66,947.85577,947.93 672,573.38 729,797.85Page 2 of 3AGENDA ITEM #6. c) ProjectLift Station and Force Main Rehab Phase 2 (Group 1B)Date January 11, 2022Item Unit Est.No. Description Price Quantity1ation, Demobilization, and Cleanup (not to exceed 10% of contraLump Sum 12 COVID-19 Health and Safety Plan (CHSP) Lump Sum 13 Trench Safety and Shoring Lump Sum 14 Temporary Sedimentation and Erosion Control Lump Sum 15 Traffic Control Lump Sum 16 Magnetic Locate Markers Each 97 Vactor Piping Improvements Lump Sum 18 Temporary Pump System at Devil's Elbow LS Lump Sum 19 Restoration, Landscape Areas Square Feet 2510 Restoration, Asphalt Surfacing Square Feet 15011 Restoration, Concrete Surfacing Square Feet 35012 Baxter Lift Station Mechanical Lump Sum 113 Baxter Lift Station Electrical Lump Sum 114 Devil's Elbow Access Road, Shoulder Ditch Stabilization Linear Feet 80015 Devil's Elbow Access Road, Asphalt Drainage Berm Linear Feet 3016 Devil's Elbow Lift Station Coating Removal Square Feet 45017 Devil's Elbow Lift Station Mechanical Lump Sum 118 East Valley Lift Station Site Work Lump Sum 119 East Valley lift Station Electrical Lump Sum 120 O&M Manuals and On-Site Owner Training Lump Sum 121 Minor Change Lump Sum 122 Prepare Construction Records Lump Sum 1Active Construction Inc Balaji Logistics IncDBA Builders SupplyUnitBidUnitBidPriceAmountPriceAmount71,611.47 71,611.47 19,348.58 19,348.58500.00 500.00 19,564.00 19,564.005,000.00 5,000.00 26,800.00 26,800.0015,000.00 15,000.00 8,625.65 8,625.65130,000.00 130,000.00 83,080.00 83,080.002,500.00 22,500.00 703.54 6,331.899,200.00 9,200.00 10,435.08 10,435.0860,000.00 60,000.00 67,317.65 67,317.6561.00 1,525.00 650.49 16,262.2750.00 7,500.00 139.04 20,855.2832.00 11,200.00 69.95 24,483.4220,000.00 20,000.00 38,250.47 38,250.4730,000.00 30,000.00 49,424.67 49,424.6724.00 19,200.00 87.19 69,754.68105.00 3,150.00 333.33 10,000.0050.00 22,500.00 203.01 91,352.7120,000.00 20,000.00 26,272.12 26,272.1240,000.00 40,000.00 34,586.26 34,586.26205,000.00 205,000.00 150,267.64 150,267.643,000.00 3,000.00 3,000.00 3,000.0050,000.00 50,000.00 50,000.00 50,000.005,000.00 5,000.00 5,000.00 5,000.00751,886.47 831,012.3775,940.53 83,932.25827,827.00 914,944.62Page 3 of 3AGENDA ITEM #6. c) Bidder Description 1 A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility criteria in RCW 39.04. See RCW 39.04 criteria below Meets Criteria 2 A bidder may be deemed not responsible and the proposal rejected if:Meets Critera a More than one proposal is submitted for the same project from a bidder under the same or different names Only one proposal submitted. b Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids No evidence of collusion. Bidder provided Affidavit of Non-Collusion. c The bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder The bidder has provided sufficient work history and experience to demonstrate they can complete the project. d An unsatisfactory performance record exists based on past or current Contracting Agency Work or for Work done for others, as judged from the standpoint of conduct of the Work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Enterprise, Minority Enterprise, or Women's Business Enterprise utilization. The bidder successfully completed work on the Misty Cove Lift Station for the City of Renton. Resume of previous work indicates satisfactory performance. e There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the Work bid upon The contractor is completing work for another agency, but it will not interfere with the schedule to complete work for this project. f The bidder failed to settle bills for labor or materials on past or current contracts No evidence the bidder has failed to settle bills. g The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract No evidence the bidder has failed to complete a contract or been convicted of a crime on a previous project. h The bidder is unable, financially or otherwise, to perform the Work There is no evidence to suggest the bidder is unable to complete the Work i A bidder is not authorized to do business in the State of Washington (not registered in accordance with RCW 18.27) The bidder is not on the state debarred contractors list. A copy of the website printout is attached. j There are any other reasons deemed proper by the Contracting Agency. No other reasons to reject bid Bid opening date: January 11, 2022 Evaluation completed: January 20, 2022 Bidder Responsibility Evaluation Lift Station and Force Main Rehab Phase 2 (Group 1B) CAG-21-261 Bidder: Gary Harper Construction, LLC Criteria Special Provision 1-02.14 Bidder Responsibility per Bid Documents Item Page 1 of 3 AGENDA ITEM #6. c) Bidder Description 1 Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: Meets Criteria a At time of bid submittal, have certificate of registration in compliance with chapter 18.27 RCW GARYHCI055LF (exp 6/3/23) (per L&I) b Have a current state unified business identified number;601-606-620 (open) (per L&I) c If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; Industrial Insurance Account #: 838,522-01 (per L&I) Employment Security Dept #: 830404004 (contractor provided) d Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3);Not on state debar list (per L&I) e If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ration, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; N/A. No training goal set. f Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its website. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption Exempt from requirement (per L&I) g Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgement entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. No (per L&I) 2 Before award of a public works contract, a bidder shall submit to the contracting agency a signed statement in accordance with RCW 9A.72.085 verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (1)(g) of this section. A contracting agency may award a contract in reasonable reliance upon such a sworn statement. Form submitted with bid (Project proposal) Item Criteria RCW 39.04.350 Bidder Responsibility per RCW Page 2 of 3 AGENDA ITEM #6. c) 3 In addition to the bidder responsibility criteria in subsection (1) of this section, the state or municipality may adopt relevant supplemental criteria for determining bidder responsibility applicable to a particular project which the bidder must meet. See Special Provision 1-02.14 above a Supplemental criteria for determining bidder responsibility, including the basis for evaluation and the deadline for appealing a determination that a bidder is not responsible, must be provided in the invitation to bid or bidding documents. Special Provision 1-02.14 is included in the invitation to bid b In a timely manner before the bid submittal deadline, a potential bidder may request that the state or municipality modify the supplemental criteria. The state or municipality must evaluate the information submitted by the potential bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the state or municipality must issue an addendum to the bidding documents identifying the new criteria. No requests were made to modify the supplemental criteria found in Special provision 1-02.14 c If the bidder fails to supply information requested concerning responsibility within the time and manner specified in the bid documents, the state or municipality may base its determination of responsibility upon any available information related to the supplemental criteria or may find the bidder not responsible. Bidder met criteria d If the state or municipality determines a bidder to be not responsible, the state or municipality must provide, in writing, the reasons for the determination. The bidder may appeal the determination with the time period specified in the bidding documents by presenting additional information to the state or municipality. The state or municipality must consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the state or municipality may not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. N/A 4 The capital projects advisory review board created in RCW 39.10.220 shall develop suggested guidelines to assist the state and municipalities in developing supplemental bidder responsibility criteria. The guidelines must be posted on the board's web site. Guidelines are available on CPARB's website Bidder meets all responsibility requirements Page 3 of 3 AGENDA ITEM #6. c) Project: Lift Station and Force Main Rehab Phase 2 (Group 1B)- CAG-21-261Due Date: January 11, 2022 Bids due by 2pm - Opening at 3:00 pm (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromProp Proposal Bid Bid L&I Wage Sub Ack Schedule of PricesCover Triple Form Qualif Bond Cert Compl List Adden 1 & 2*Includes Sales TaxACI - Active Construction, Inc.P.O. Box 4301PuyallupX X X X X X X X $827,827.00WA98371DavidCeccantiAward Construction, inc.980 Willeys Lake Rd2FerndaleX X X X X X X X $672,573.38WA98248B. ToddVaseyBalaji Logistics, Inc. DBA Builders Supply22013 West Bostian3WoodinvilleX X X X X X X X $913,944.62WA98072AdityaBagariaBidderFORMSEngineer's Estimate 880,000.00AGENDA ITEM #6. c) Project: Lift Station and Force Main Rehab Phase 2 (Group 1B)- CAG-21-261Due Date: January 11, 2022 Bids due by 2pm - Opening at 3:00 pm (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromProp Proposal Bid Bid L&I Wage Sub Ack Schedule of PricesCover Triple Form Qualif Bond Cert Compl List Adden 1 & 2*Includes Sales TaxBidderFORMSEquity Builders, LLCP.O. Box 289404BellinghamX X X X X X X X $570,978.60WA98228George HochsterGary Harper Construction, Inc.14831 223rd St SE5SnohomishX X X X X X X X $518,571.00WA98296Gary HarperHarkness Construction, LLC.45015 244th Ave SE6EnumclawX X X X X X X X $577,947.93WA98022JasonHarkness Engineer's Estimate 880,000.00AGENDA ITEM #6. c) Project: Lift Station and Force Main Rehab Phase 2 (Group 1B)- CAG-21-261Due Date: January 11, 2022 Bids due by 2pm - Opening at 3:00 pm (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromProp Proposal Bid Bid L&I Wage Sub Ack Schedule of PricesCover Triple Form Qualif Bond Cert Compl List Adden 1 & 2*Includes Sales TaxBidderFORMSNorthwest Cascade, Inc.P.O. Box 733997PuyallupX X X X X X X X $729,797.85WA98373ClintonMyersEngineer's Estimate 880,000.00AGENDA ITEM #6. c) AB - 3057 City Council Regular Meeting - 07 Feb 2022 SUBJECT/TITLE: Rainier/Grady Junction TOD Planned Action EIS Grant and Contract RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Katie Buchl-Morales, Associate Planner EXT.: 6578 FISCAL IMPACT SUMMARY: The City of Renton was awarded $250,000 in grant funds from the Washington State Department of Commerce from the Transit-Oriented Development and Implementation (TODI) grant program. This funding is awarded to develop municipal code amendments and complete a Planned Action Environmental Impact Statement (EIS) for a segment of the TOD subarea. The Department of Community and Economic Development desires to engage BERK Consulting, Inc., to lead the preparation of the EIS and ordinance and Perteet, Inc. who was selected to serve as a subconsultant leading transportation and utilities. The amount of this agreement is $240,0 00. SUMMARY OF ACTION: Through the voter-approved Sound Transit-3 package, Sound Transit will build a new transit center at Rainier Ave S and S Grady Way to serve expanded bus rapid transit (BRT) service along I -405 and some King County Metro bus routes. In 2021, Council adopted the Rainier/Grady Junction TOD Subarea Plan, which provides a vision and strategies to facilitate mixed-use development, maximize multi-modal transportation options, and improve pedestrian connectivity, to guide future growth and achieve a holistic, peopl e-oriented neighborhood. The Department of Commerce Funds TODI funds will be used to complete a Planned Action EIS for approximately for boundary comprising approximately 80-acres within the TOD subarea. The Planned Action EIS will provide a more streamlined environmental review process at the project stage by conducting more detailed environmental analysis in preparation for new development. Early environmental review provides more certainty to permit applicants with respect to what will be required and to the public with respect to how much the environmental impacts will be addressed. Such certainty will facilitate transit -oriented development on a shorter timeline than would occur without an EIS, and reduce the overall costs for project developers, which may translate into lower final housing costs. Pursuit of a Planned Action EIS to conduct technical analysis of environmental impacts and mitigation strategies is identified as a “near -term” recommendation within the TOD Subarea Plan’s implementation tabl e. EXHIBITS: A. Commerce Grant Award Letter B. BERK Agreement STAFF RECOMMENDATION: Staff recommends that Council take the following actions: AGENDA ITEM #6. d) 1. Authorize execution of grant agreement with the Department of Commerce for $250,000 in grant funds, subject to approval as to form by the City Attorney Department, to be used for the Rainier/Grady Junction TOD Subarea Planned Action EIS. 2. Upon approval of the grant agreement, authorize the Mayor and City Clerk to enter into an agreement with BERK Consulting, Inc., in the amount of $240,000 to assist in the development of the Rainier/Grady Junction Planned Action EIS. AGENDA ITEM #6. d) STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  (360) 725-4000 www.commerce.wa.gov October 28, 2021 City of Renton 1055 S Grady Way Renton, WA 98057 Delivered via Email to apavone@rentonwa.gov RE: Transit Oriented Development and Implementation Grant Dear Mayor Pavone, I am pleased to inform you that the City of Renton has been awarded $250,000 in grant funds from the Transit-Oriented Development and Implementation (TODI) grant program. The 2021 Legislature created this grant program to facilitate transit-oriented development and leverage investment in public transportation services, plan for increased housing development within transit-rich areas, and conduct pre-development environmental review to streamline construction. These funds come from the state capital budget, meaning that we encourage your project to be complete by June of 2023, however Commerce will request a re-appropriation of the funding, so that contracts with unfinished work may be able to complete in the 2023-25 biennium. This grant will be administered by the Washington Department of Commerce, Growth Management Services (GMS) unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget will need to be executed between your organization and the Department of Commerce. Funds may be retroactively applied to project costs related to your grant scope of work, beginning July 1, 2021, the beginning of the 2021-23 Biennium. Anne Fritzel, our GMS housing programs manager will be in touch with you in November to develop the contract and answer any questions you may have. Anne can be reached at anne.fritzel@commerce.wa.gov or 360-259-5216. Sincerely, Dave Andersen, AICP Managing Director Growth Management Services cc: Paul Hintz, Senior Planner Armondo Pavone, Mayor Raevel Chea, Senior Finance Analyst Gary Idleburg, Senior Planner Anne Fritzel, Housing Programs Manager, Growth Management Services AGENDA ITEM #6. d) AGREEMENT FOR RAINIER/GRADY JUNCTION PLANNED ACTION THIS AGREEMENT, dated for reference purposes only as January 17, 2022, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Berk Consulting, Inc. (“Consultant”), a Washington corperation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. Scope of Work: Consultant agrees to provide analysis and planning to support a planned action and environmental impact statement as specified in Action Items 2, 3, and 4 of Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 1. 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. 2. 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 July 1, 2023. 3. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. The City is aware, and Exhibit A to this Agreement contemplates, Perteet, Inc. as subcontractor to Berk Consulting, Inc. in this project. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed two hundred forty thousand dollars ($240,000.00), plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) through the term of this Agreement, 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. AGENDA ITEM #6. d) PAGE 2 OF 10 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 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. AGENDA ITEM #6. d) PAGE 3 OF 10 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 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. AGENDA ITEM #6. d) PAGE 4 OF 10 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. 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 AGENDA ITEM #6. d) PAGE 5 OF 10 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: Unless exempted by the Renton Municipal Code, t Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. AGENDA ITEM #6. d) PAGE 6 OF 10 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. City of Renton Paul Hintz 1055 South Grady Way Renton, WA 98057 Consultant Lisa Grueter 2200 6th Ave #1000 Seattle, WA 98121 AGENDA ITEM #6. d) PAGE 7 OF 10 Phone: (425) 430-7436 phintz@rentonwa.gov Phone: (206) 493-2367 Lisa@berkconsulting.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. AGENDA ITEM #6. d) PAGE 8 OF 10 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 Paul Hintz. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. AGENDA ITEM #6. d) PAGE 9 OF 10 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this AGENDA ITEM #6. d) PAGE 10 OF 10 Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Lisa Grueter Principal _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 5/21/2021 AGENDA ITEM #6. d) January 14, 2022 1 Rainier/Grady Junction Subarea Planned Action Project Understanding Through the voter-approved Sound Transit-3 package, Sound Transit will build a new transit center at Rainier Ave S and S Grady Way to serve expanded bus rapid transit (BRT) service along I-405, two King County Metro Rapid Ride routes, and several other Metro bus routes. The new transit center and park-and-ride facility construction (expected 2025) will support Sound Transit’s planned I-405 BRT service to this area (expected 2024). By 2040, Sound Transit predicts the transit center will have up to 3,000 daily boardings. In anticipation of levels of new development surrounding the significant public investments in the area, the city facilitated an 18-month subarea planning process to create a vision for the area within a half mile of the transit center. In brief, the overall concept of the Rainer/Grady Junction Subarea Plan (RGJ) is to create a vibrant commercial and residential district oriented around transit, with potential for light rail service in the long term. As the city continues to advocate for light rail system expansion, development surrounding the planned transit center can make future expansion more viable by increasing potential ridership. With the subarea plan complete, the City has secured a Transit-Oriented Development Implementation (TODI) Grant. With the grant, the City intends to develop municipal code amendments to implement the land use vision of the subarea plan and increase mixed use opportunities and alter density and development standards as appropriate including parking. Renton also wishes to establish a planned action and complete an environmental impact statement (EIS). Renton has requested a scope of services to help prepare the Planned Action EIS and ordinance. BERK Consulting, Inc. will serve as prime for the Planned Action and Perteet will serve as a subconsultant leading transportation and utilities. Collectively, BERK and Perteet are called the Consultant in this scope. The City will lead the development of the code implementation that will help form the basis of proposals and alternatives evaluated in the Planned Action. Scope Based on the grant application actions and steps, a scope identifying methods and level of effort has been prepared. Action 1 Assessment of RGJ Subarea Plan and HAP The City of Renton will lead the deliverables for this task including: ▪Step 1.1 Scoping of proposed Renton Municipal Code amendments affecting subarea. ▪Step 1.3 Drafting of code amendments The City will complete Deliverable 1. The Consultant will review it as part of Step 3.1. ▪ Deliverable 1 Draft Code Amendments EXHIBIT A AGENDA ITEM #6. d) December 23, 2021 2 Action 2 Technical Analyses Step 2.0 Kickoff and Ongoing Coordination The Consultant will develop a coordinated kick-off meeting agenda designed to share project objectives and environmental review strategies, points of public engagement, approach to alternatives, key technical methods, and critical path schedules. The Consultant will develop a regular check in with the City Project Manager assumed to be approximately twice per month via virtual technology. The Consultant will develop a template for the EIS that the technical analysis can fit within. For Deliverable 2, the technical analysis will summarize exiting conditions (affected environment) and trends and best practices. Following the definition of alternatives, the team will provide impact analysis of the alternatives that will be folded into the Preliminary Draft EIS in Step 3.4. Step 2.1 Prepare Land Use and Socioeconomic Analysis (BERK) The Consultant will document current conditions and trends regarding present land use, growth capacity, and key policies. The Consultant will consider current activity levels, scale and views, and other land use patterns. Demographics of the study area will be updated with Census data to support the evaluation. The Land Use Analysis will consider compatibility of current development regarding air quality and noise using the Environmental Health Disparities Map and WSDOT evaluations from the I-405 program. The limitations and allowances of the power line easements will also be considered using current information and policies. The Consultant will adapt information from the Subarea Plan and Deliverable 1 in conducting the analysis. Meetings with staff will be coordinated with Task 2.0. Step 2.2 Prepare Transportation Analysis (Perteet) The Consultant will update the context of the existing transportation system and future planned improvements based on the City’s 2015 Comprehensive Plan, other more recent transportation impact studies completed for Study area projects, and adopted transportation plans/programs for Renton, Sound Transit, King County Metro, and WSDOT. These recent studies, along with a site visit, will be used as the basis to document vehicle, transit, pedestrian, and bicycle existing conditions within the Study Area. No new transportation data collection is assumed as part of this task. Up to three (3) meetings will be held with City transportation staff via Microsoft Teams (or another virtual platform). Step 2.3 Prepare Stormwater Analysis (Perteet) The Consultant will review existing stormwater comprehensive plans and assess improvements or new studies that have occurred since plans were published. We assume all documentation will be provided by the City. This work includes email and telephone communication with Public Works staff. Up to two (2) meetings will be held with City utility staff via Microsoft Teams (or another virtual platform). Step 2.4 Prepare Water and Sewer Utilities Analysis (Perteet) The Consultant will review existing utility comprehensive plans (water and sanitary sewer) and assess improvements or new studies that have occurred since plans were published. We assume all documentation will be provided by the City. This work includes email and telephone communication with Public Works staff. Up to two (2) meetings will be held with City utility staff via Microsoft Teams (or another virtual platform). Step 2.5 Prepare Natural Environment Analysis (Perteet) Using City provided GIS datasets, the Consultant will review and compile a summary of the existing natural environment within the identified study area. The focus will identifying natural areas deserving of protection and/or provide opportunities for recreation. AGENDA ITEM #6. d) December 23, 2021 3 Step 2.6 Prepare Public Services Analysis (BERK) The Consultant will review existing system plans and contact City departments and districts providing police protection, fire and emergency medical services, parks, and schools. The current services available to the study area will be documented. Meetings with staff will be coordinated with Task 2.0. ▪ Deliverable 2 Summary of Technical Analyses in an Existing Conditions Report, a portion of the future EIS (affected environment) Action 3 Perform alternative analysis and Draft EIS Step 3.1 Develop alternatives for environmental impact statement (EIS) (3 Alternatives) The Consultant will review the Subarea Plan and results of Deliverable 1 related to code options, and provide recommendations on alternatives to be discussed during scoping; following scoping, the Consultant will advise on adjustments to the alternatives to be studied in the Draft EIS. Alternatives are anticipated to include one no action alternative (current comprehensive plan) and two action alternatives. Alternatives may vary the level, type, and location of growth and associated infrastructure investmen ts. Following scoping, the Consultant will write an alternatives chapter of the Draft EIS for City review, and eventually to advance the Draft EIS impact analysis. Step 3.2 Refine preferred alternative for Planned Action EIS After the Draft EIS comment period, a preferred alternative will be developed. The Preferred Alternative will be in the range of the Draft EIS alternatives. A description of the Preferred Alternative will be developed for the Final EIS. Step 3.3 Determination of Significance/Scoping Notice The Consultant will prepare a draft determination of significance and scoping notice prepared together with a supporting document (scoping document or SEPA checklist) indicating what topics are identified for inclusion in the scoping process. The scoping notice will initiate a minimum 21-day comment period, which can be coordinated with code engagement efforts of the City and the Consultant. The Consultant will attend one virtual public meeting or 2-4 virtual interviews with stakeholders consistent with task resources. ▪ Deliverable 3a SEPA Scoping Notice and Alternatives Description Step 3.4 Assess environmental impacts of alternatives For each topic addressed in Deliverable 2, and confirmed as a scoping topic in Step 3.3, the Consultant will prepare an impact analysis. Prepare Land Use Analysis (BERK) The Consultant will evaluate growth alternatives on compatibility and consistency with state GMA goals, VISION 2050, the Renton Comprehensive Plan, and the Rainier/Grady Junction Subarea Plan. The Consultant will review the contribution of alternatives towards supporting the City’s growth allocations. The Consultant will also analyze the relative effects of growth alternatives on affordable housing conditions and economic development strategies and job mix. The Consultant will adapt information from the Subarea Plan and Deliverable 1 in conducting the analysis. The land use compatibility evaluation will consider best management practices for location of residential development in proximity to high-volume roadways and incorporate by reference air quality and noise AGENDA ITEM #6. d) December 23, 2021 4 evaluations from the I-405 Program EIS1 and VISION 20502 EIS. The evaluation will also consider current heat island effects and how the proposed code amendments and growth alternatives would affect current conditions using the CAPA Strategies/King County mapping effort or other readily available data sets.3 Prepare Transportation Analysis (Perteet) The Consultant will explore the transportation implications of each alternative providing input on a relative comparison based on existing conditions, an understanding of the potential land use density and types as well as the analysis conducted for the 2015 Comprehensive Plan. This exercise will not include a detailed evaluation of traffic operations but will leverage previous work completed for the Study area that will be provided by the City. The transportation analysis will consider up to two (2) Alternatives including No Action and one new land use scenario. It is assumed that the No Action is consistent with travel demand modelling that has already been completed for the 2015 Comprehensive Plan with no new forecasts required for the No Action Alternative. The Consultant will modify City provided traffic volumes for one high range Action Alternative within the Study area. Traffic operations analysis will be conducted at up to six (6) study intersections by adjusting City provided traffic volumes. Access and circulation will be evaluated for vehicles, pedestrians, and bicycles with a focus on connectivity for pedestrians and bikes. The Consultant will also consider in a qualitative fashion how improvements to the transit system may influence transportation in the Study area. Based on the potential impacts, Perteet will identify mitigation measures and significant unavoidable adverse impacts. A project set aside allows for testing a mid-range alternative, or adding intersections to the high-range Action Alternative, or testing mitigation. Prepare Stormwater Analysis (Perteet) Consultant will analyze impacts and mitigation requirements for surface water and water resource improvements under each alternative while ensuring that public and private stormwater systems are planned, developed, and maintained to prevent flooding, protect water quality, and preserve natural stormwater systems. The potential for a regional stormwater facility will be considered as one of the potential options. Prepare Utilities Analysis (Perteet) The Consultant will coordinate with public and private utility providers to identify planned capacities for the study area. The planned improvements will be compared to growth projections under each alternative to identify capacity shortfalls and possible improvements needed to accommodate future planned growth. The Consultant will analyze each alternative for impacts, mitigation requirements, and public-private funding options for utility improvements for each alternative. The Consultant will consider anticipated or needed improvements to accommodate growth and development projections. Prepare Natural Environment Analysis (Perteet) The Consultant will provide a review of potential impacts and opportunities related to the natural environment within the identified study area(s). The Consultant will focus identification of mitigation 1 See: https://www.doh.wa.gov/DataandStatisticalReports/WashingtonTrackingNetworkWTN/InformationbyLocatio n/Washington EnvironmentalHealthDisparitiesMap. 2 See: https://www.psrc.org/our-work/regional-planning/vision-2050/environmental-review. 3 See: https://kingcounty.gov/elected/executive/constantine/news/release/2021/June/23-heat-mapping-results.aspx. AGENDA ITEM #6. d) December 23, 2021 5 opportunities to those that best serve the ecological functions affected by plan updates. The Consultant will also explore ways to streamline mitigation activities, through development of an advanced mitigation program, for example. The Consultant will also note ways to strengthen the community’s connection to the natural environment through interpretive or other educational or recreational opportunities. Prepare Public Services Analysis (BERK) The Consultant will evaluate each alternative with regard to the level of demand anticipated for each of these public services based on available system plan and service delivery studies and adopted level of service standards. Mitigation measures (e.g., capital facilities or impact fees or other) will be developed based on City policies and the EIS evaluation. Step 3.5 Prepare Draft EIS and solicit comments The Consultant will prepare the Preliminary Draft EIS, which will contain the following elements required in WAC 197-11: ▪ Cover Letter ▪ Fact Sheet ▪ Table of Contents ▪ Chapter 1–Environmental Summary ▪ Chapter 2–Proposal and Alternatives ▪ Chapter 3–Affected Environment, Significant Impacts, and Mitigation Measures ▪ Chapter 4–References ▪ Chapter 5–Distribution List ▪ Appendices The Consultant will prepare a preliminary draft EIS for City review and comment. Natural and built environment scope topics and approaches are included in Step 3.4. Based on one round of consolidated City comments on the Preliminary Draft EIS, the Consultant will prepare a print-check document and a Draft EIS for posting and public review. The Consultant will prepare the notice of availability for City publication. The City will publish the Draft EIS. ▪ Deliverable 3b Draft EIS Action 4 Select preferred alternative and schedule adoption of planned action EIS and ordinance Step 4.1 Prepare Final EIS in conjunction with preferred alternative The Consultant will prepare the final EIS including a fact sheet, table of contents, draft EIS analysis corrections as needed, description of the preferred alternative, and responses to comments (approximately 50 unique comments are anticipated). The Consultant will prepare a preliminary final EIS for City review and comment. Based on City comments, the Consultant will prepare a final EIS for public issuance. One round of comments is anticipated. The Consultant will prepare the notice of availability for City publication. AGENDA ITEM #6. d) December 23, 2021 6 Step 4.2 Prepare Planned Action Ordinance The Consultant will prepare the ordinance that designates the Planned Action. The ordinance will address all legal requirements as outlined in WAC 197-11-168 and RCW 43.21c.440. The Consultant will prepare a preliminary draft and public draft. The Consultant will attend the SEPA-required community meeting (this can be accomplished during scoping or the Draft EIS comment period prior to the public hearing) and two other public meetings/hearings regarding the planned action ordinance. These hearings could occur with the Draft EIS comment period or later (after the community meeting). ▪ Deliverable 4 Final Draft Ordinance and Schedule for Adoption of Planned Action EIS Cost Estimate An estimate of time by major step is provided below. Action Consultant Action 2 Technical Analyses $69,000 Action 3 Alternatives $17,000 Action 3 Draft EIS $100,000 Action 4 Select preferred alternative and schedule adoption of planned action EIS and ordinance $54,000 Total $240,000 A budget detail by step is attached. AGENDA ITEM #6. d) Lisa Grueter Casey Bradfield Kevin Gifford Associate IIProject AssociatePeter De Boldt, PM Brent Powell, Lead Patty Buchanan, Utilities LeadThomas Cheong, EngineerRebecca O’Sullivan, Engineer Abi SwansonPrincipal, SEPA Compliance, Alternatives, PAOSenior Associate I, EIS LeadSenior Associate II (GIS/Data)Evaluation Editing, Project SupportPrincipal Lead Engineer/ ManagerSr. Associate Engineer 2 Engineer 2 Senior Accountant2022 Hourly Rate $235 $165 $170 $145 $125 $265 $180 $225 $135 $135 $101Action 2 Technical AnalysesStep 2.0 Kickoff and Ongoing Coordination2424412248622$16,660Step 2.1 Prepare Land Use Analysis (BERK)43212 2$8,510Step 2.2 Prepare Transportation Analysis (Perteet)2 4 8 1 20 58 4 $14,589Step 2.3 Prepare Stormwater Analysis (Perteet)21 12 24 $6,675Step 2.4 Prepare Utilities Analysis (Perteet) 2 4 1 12 24 $7,335Step 2.5 Prepare Natural Environment Analysis (Perteet)41 8 12 $4,625Step 2.6 Prepare Public Services Analysis (BERK)212 840$9,610Action 3 Perform alternative analysis and Draft EISStep 3.1 Develop alternatives for environmental impact statement (EIS) (3 Alternatives)188844$7,990Step 3.2 Refine preferred alternative for Planned Action EIS14 6$4,280Step 3.3 Determination of Significance/Scoping Notice416 6$4,600Step 3.4 Assess environmental impacts of alternativesPrepare Land Use Analysis (BERK)840 8$9,840Prepare Transportation Analysis (Perteet) 4 8 4 2 26 86 $19,760Prepare Stormwater Analysis (Perteet) 41 16 40 $10,205Prepare Utilities Analysis (Perteet)2 4 1 16 40 $10,395Prepare Natural Environment Analysis (Perteet) 41 12 24 $7,145Prepare Public Services Analysis (BERK) 4 12 8 60$12,980Step 3.5 Prepare Draft EIS and solicit comments1632 83222288$17,700Action 4 Select preferred alternative and schedule adoption of planned action EIS and ordinanceStep 4.1 Prepare Final EIS in conjunction with preferred alternative24 54 12 48 32 2 12 16 32 32 $42,480Step 4.2 Prepare Planned Action Ordinance328422162$11,855Subtotal174 264 82 174 74 18 74 102 206 186 41358$227,234Total Estimated Hours174 264 82 174 74 18 74 102 206 186 41358Cost (Hours*Rate)$40,890$43,560$13,940$25,230$9,250$4,770$13,320$22,950$27,810$25,110$404 $227,234Subtotal Consultant Cost$227,234Project Expenses at ~1% of Project Budget$2,300Total excluding Set Aside$229,534Set Aside (e.g. added transportation analysis )$10,466(Part of Step 3.4)Team Total Labor and Expenses$240,000Total Hours andEstimated Costby TaskPerteetBERK ConsultingAGENDA ITEM #6. d) AB - 3062 City Council Regular Meeting - 07 Feb 2022 SUBJECT/TITLE: 2021 Emergency Management Performance Grant (EMPG) Contracts E22-194 and E22-209 (EMPG-ARPA) RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive Department STAFF CONTACT: Deborah Needham, Emergency Management Director EXT.: 7725 FISCAL IMPACT SUMMARY: Amount budgeted: 0 Revenue generated: $77,021 SUMMARY OF ACTION: The Emergency Management Performance Grant (EMPG) provides supplemental funding to support key components of a comprehensive national emergency management system for disasters and emergencies. Although EMPG funding is relatively stable, the amount cannot be guaranteed. The city was awarded $57,432 from traditional EMPG funding, and $19,589 in ARPA-EMPG funding, for a total of $77,021. Based on the award letter issued by the State, and in anticipation of contract delays at the State level, Finance Committe e recommended and Council concurred in accepting the award on 9/27/2021 so that grant funded projects could proceed. As a performance grant, the award will be expended entirely on the approved grant projects specified in the contract. Grant funds will be expended during 2022. Therefore, a 2022 budget adjustment of $77,021 in revenue is needed to reflect the grant amount awarded. EXHIBITS: A. EMPG Contract E22-194 B.EMPG-ARPA Contract E22-209 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contracts E22 -194 and E22-209 and approve the 2022 budget adjustment of $77,021. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 1 of 36 City of Renton OEM, E22-194 Revised Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: Renton, City of Office of Emergency Management (OEM) 1055 S Grady Way Renton, WA 98057-3232 2. Grant Agreement Amount: $57,432 3. Grant Agreement Number: E22-194 Revised 4. Subrecipient Contact, phone/email: Deborah Needham, 425-430-7725 dneedham@rentonwa.gov em@rentonwa.gov 5. Grant Agreement Start Date: June 1, 2021 6. Grant Agreement End Date: September 30, 2022 7. Department Contact, phone/email: Michael Alston, 253-512-7083 michael.alston@mil.wa.gov 8. Data Universal Numbering System (DUNS): 092278894 9. UBI # (state revenue): 177-000-094 10. Funding Authority: Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS) 11. Federal Award ID # (FAIN): EMS-2021-EP-00007-S01 12. Federal Award Date: 08/30/2021 13. Assistance Listings # (formerly CFDA) & Title: 97.042 (21EMPG) 14. Total Federal Amount: $7,582,922 15. Program Index # & OBJ/SUB-OBJ: 713PT NZ 16. EIN: 91-6001271 17. Service Districts: (BY LEGISLATIVE DISTRICT): 11, 33, 37, 41 (BY CONGRESSIONAL DISTRICT): 8, 9 18. Service Area by County(ies): King 19. Women/Minority-Owned, State Certified: ☒ N/A ☐ NO ☐ YES, OMWBE #_________ 20. Agreement Classification: ☐ Personal Services ☐ Client Services ☒ Public/Local Gov’t ☐ Research/Development ☐ A/E ☐ Other_______ 21. Contract Type (check all that apply): ☐ Contract ☒ Grant ☒ Agreement ☐ Intergovernmental (RCW 39.34) ☐ Interagency 22. Subrecipient Selection Process: ☒ “To all who apply & qualify” ☐ Competitive Bidding ☐ Sole Source ☐ A/E RCW ☐ N/A ☐ Filed w/OFM? ☐ Advertised? ☐ YES ☐ NO 23. Subrecipient Type (check all that apply): ☐ Private Organization/Individual ☐ For-Profit ☒ Public Organization/Jurisdiction ☐ Non-Profit ☐ CONTRACTOR ☒ SUBRECIPIENT ☐ OTHER 24. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2021 Emergency Management Performance Grant (21EMPG) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 21EMPG DHS Award Letter for Grant No. EMS-2021-EP-00007- S01, which is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); 21EMPG Award Letter EMS-2021-EP-00007-S01 (Attachment C); Work Plan (Attachment D); Timeline (Attachment E); Budget (Attachment F); and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: _____________________________________________ Signature Date Regan Anne Hesse, Chief Financial Officer Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Dawn C. Cortez [August 10, 2021] Assistant Attorney General FOR THE SUBRECIPIENT: _____________________________________________ Signature Date Armondo Pavone, Mayor, City of Renton _____________________________________________ Signature (Attest) Date Jason A. Seth, City Clerk, City of Renton APPROVED AS TO FORM (if applicable): _____________________________________________ Subrecipient’s Legal Review Date AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 2 of 36 City of Renton OEM, E22-194 Revised Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Deborah Needham Name Michael Alston Title EM Director Title Program Coordinator Email dneedham@rentonwa.gov; em@rentonwa.gov Email michael.alston@mil.wa.gov Phone 425-430-7725 Phone 253-512-7083 Name Emily (MJ) Jorgensen Name Tirzah Kincheloe Title EM Coordinator Title Program Manager Email mjorgensen@rentonwa.gov; em@rentonwa.gov Email tirzah.kincheloe@mil.wa.gov Phone 425-430-7727 Phone 253-512-7456 Name Name Courtney Bemus Title Title Program Assistant Email Email courtney.bemus@mil.wa.gov Phone Phone 253-316-6438 ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 21EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2021 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness Grants Manual document (the Manual), the DHS Award Letter for Grant No. EMS-2021-EP-00007-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 21EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 21EMPG funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 3 of 36 City of Renton OEM, E22-194 Revised published by DHS/FEMA applicable to the 21EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2021 Emergency Management Performance Grant (EMPG) document, the Manual, the DHS Award Letter for Grant No. EMS-2021-EP-00007-S01 in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 21EMPG federal award funds provided to its subrecipients, and associated matching funds, are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VII to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements. ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimus rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements@mil.wa.gov no later than the due dates listed within the Timeline (Attachment E). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 4 of 36 City of Renton OEM, E22-194 Revised g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment E). For waived or extended reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency’s level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department’s sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within forty-five (45) days after the Grant Agreement End Date, except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient’s project(s). i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. l. A written amendment will be required if the Subrecipient expects cumulative transfers to approved, direct budget categories, as identified in the Budget (Attachment F), to exceed ten percent (10%) of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. m. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Training requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 5 of 36 City of Renton OEM, E22-194 Revised e. The Subrecipient shall participate in the State’s annual Stakeholder Preparedness Review (SPR), Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data calls. Non-participation may result in withholding of funding under future grant years. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient’s inventory system. iii. Inventory system records shall include: A. Description of the property B. Manufacturer’s serial number, or other identification number C. Funding source for the property, including the Federal Award Identification Number (FAIN) D. Assistance Listings Number (formerly CFDA Number) E. Who holds the title F. Acquisition date G. Cost of the property and the percentage of federal participation in the cost H. Location, use, and condition of the property at the date the information was reported I. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department’s Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 6 of 36 City of Renton OEM, E22-194 Revised viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per-unit fair-market value of $5,000 or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department’s Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at https://www.fema.gov/grants/guidance- tools/authorized-equipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. If funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 7 of 36 City of Renton OEM, E22-194 Revised i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018). Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and applicable NOFO. Per section 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. g. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 8 of 36 City of Renton OEM, E22-194 Revised consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre-procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department’s monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports ii. Monitoring and documenting the completion of Agreement deliverables iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), e-mails and correspondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements v. Observation and documentation of Agreement related activities, such as exercises, training, events, and equipment demonstrations vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 9 of 36 City of Renton OEM, E22-194 Revised 8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that Subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on https://www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. In order to receive FY 2021 federal preparedness funding, to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS Implementation Objectives are located at https://www.fema.gov/sites/default/files/2020-07/fema_nims_implementation-objectives- 20180530.pdf. B. EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). A portion of the 21EMPG is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient’s application for funding, as approved by the Department and incorporated into this Agreement. b. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 10 of 36 City of Renton OEM, E22-194 Revised c. The Subrecipient shall provide a fifty percent cash match of non-federal origin. The Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted and approved in the application and documented in the Budget (Attachment F). To meet matching requirements, the Subrecipient’s cash matching contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. d. Subrecipients shall participate in the State’s annual Integrated Preparedness Planning Workshop (IPPW). Non-participation may result in withholding of funding under future grant years. e. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval from the Department Key Personnel prior to attending training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/files/2020- 04/Training_Course_Review_and_Approval_IB_Final_7_19_18.pdf, the training must fall within the FEMA mission scope and be included in the Subrecipient’s Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. f. All personnel funded in any part through federal award or matching funds under this Agreement shall complete and record proof of completion of: i. NIMS training requirements outlined in the NIMS Training Program located at https://www.fema.gov/pdf/emergency/nims/nims_training_program.pdf (to include ICS- 100, ICS-200, IS-700, and IS-800 for most personnel) and ii. Either (1) the FEMA Professional Development Series IS-120, IS-230, IS-235, IS-240, IS- 241, IS-242, and IS-244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a Subrecipient of 21EMPG funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 21EMPG Award Letter and its incorporated documents for DHS Grant No. EMS-2021- EP-00007-S01, which are incorporated and made a part of this Agreement as Attachment C. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 11 of 36 City of Renton OEM, E22-194 Revised Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. “Agreement” means this Grant Agreement. b. “Department” means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. c. “Investment” means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d. “Monitoring Activities” means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities, and policies. e. “Stakeholders Preparedness Report (SPR)” The SPR is an annual three-step self-assessment of a community’s capability levels based on the capability targets identified in the THIRA. f. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.1 for all other purposes. g. “Threat and Hazard Identification and Risk Assessment (THIRA)” The THIRA is a three-step risk assessment. The THIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community’s capability gaps during the SPR process. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient’s project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 12 of 36 City of Renton OEM, E22-194 Revised A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered transactions” by any federal department or agency. “Covered transactions” include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries’ “Debarred Contractor List” (https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services’ Debarred Vendor List (https://www.des.wa.gov/services/contracting- purchasing/doing-business-state/vendor-debarment). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 13 of 36 City of Renton OEM, E22-194 Revised State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.317 General procurement standards through 200.327 Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 14 of 36 City of Renton OEM, E22-194 Revised Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 15 of 36 City of Renton OEM, E22-194 Revised 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six (6) years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for Infrastructure Projects,” and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department reserves the right to review the Subrecipient’s procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panel member. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 16 of 36 City of Renton OEM, E22-194 Revised A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department’s Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties’ Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 17 of 36 City of Renton OEM, E22-194 Revised A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department’s name is mentioned, or language used from which the connection of the Department’s name may, in the Department’s judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the “records”). AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 18 of 36 City of Renton OEM, E22-194 Revised b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity” means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 19 of 36 City of Renton OEM, E22-194 Revised The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient’s fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the state of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 20 of 36 City of Renton OEM, E22-194 Revised A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 21 of 36 City of Renton OEM, E22-194 Revised The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may use the state of Washington MWBE goals, as identified in WAC 326-30-041. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. A.37 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 22 of 36 City of Renton OEM, E22-194 Revised Attachment C 21EMPG Award Letter EMS-2021-EP-00007-S01 AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 23 of 36 City of Renton OEM, E22-194 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 24 of 36 City of Renton OEM, E22-194 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 25 of 36 City of Renton OEM, E22-194 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 26 of 36 City of Renton OEM, E22-194 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 27 of 36 City of Renton OEM, E22-194 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 28 of 36 City of Renton OEM, E22-194 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 29 of 36 City of Renton OEM, E22-194 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 30 of 36 City of Renton OEM, E22-194 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 31 of 36 City of Renton OEM, E22-194 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 32 of 36 City of Renton OEM, E22-194 Revised Attachment D WORK PLAN FY 2021 Emergency Management Performance Grant Emergency Management Organization: City of Renton Office of Emergency Management (OEM) The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include EMPG grant and local funds). Priority Area #1 4.4 Operational Planning and Procedures Primary Core Capability Cybersecurity Secondary Core Capability Operational Coordination Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT 1 IT Disaster Recovery (DR) Planning (Design and Plan Development): • Review the City’s Business Impact Analyses (BIA) study conducted in 2020 • Review the City’s current IT Infrastructure, policies, practices, and capabilities to meet the o Recovery Time Objectives (RTO). o Recovery Point Objectives (RPO). o Maximum Tolerable Downtime (MTD). • Identify gaps in DR capabilities vs requirements set by BIA. • Propose DR options (Backup/Hot site/Cloud strategy/etc.) to address the BIA. • Propose general engineering and design of a DR infrastructure. • Estimate cost and implementation strategy for the DR options. • Recognize the new DR capabilities • Develop various disaster scenarios • Document plan and process to combat various disasters. • Document players, processes, contacts • Develop play books Major purchases will be professional services for consulting. The City currently has not budgeted for this activity. This work is prioritized in multiple planning documents: • IT Strategic Plan 2016 (Mindboard Inc.) o “Develop and execute a Technology Disaster Recovery capabilities and Plan” o “Update IT policy procedures and Service Level Agreements (SLA)” • IT Security Assessment 2019 (Ci Security) o “Develop and implement a DR/BC plan” • IT BIA study 2020 (Moss Adams) o “The City should review the critical services and implement alternate site failover capability” The city has multiple mandates and compelling reasons to complete this work, including: • BIA Study recommendations • IT Strategic Plan requirement • Recent increase in Cyber attacks • 2020 ransomware attack on city’s technology infrastructure • Business continuity planning best practices Currently, the City does not have the capacity and expertise in identifying the gaps in DR capabilities and options to design and engineer the best solution to reduce the gap. This study and plan development will inventory the current systems, policies, and procedures, determine the gaps in current capacity and required capabilities based on the BIA study. It will update the city's disaster recovery plan to match the disaster recovery capabilities found in the study. As a result, the City will better understand the current capabilities/gaps; identify/ design/ engineer options for a robust DR environment; provide cost and implementation plan for budgeting and planning; produce practical tools to guide future response and recovery from a cyber-incident. The funding and activities are crucial in understanding of the City’s current DR capacity and providing cost/implementation estimates toward mitigating this risk and ensuring continuity of operations and safeguard the city’s information systems and technology against physical or cyber disasters. Development of a robust DR plan will significantly improve the recovery process and timeline and will provide a blueprint to follow in case of a disaster. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 33 of 36 City of Renton OEM, E22-194 Revised Priority Area #2 4.10 Exercises, Evaluations, and Corrective Actions Primary Core Capability Operational Coordination Secondary Core Capability Situational Assessment Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT 1 • Send 75 staff and community partners to participate in the FEMA Community-Specific Integrated Emergency Management Course (IEMC) at EMI o Travel per diem/meal tickets for 75 persons • Participate in Cascadia Rising 2022 o Refreshments provided during exercise Due to COVID-19, it has been a very long time since staff have participated in an exercise. This opportunity at EMI, because of the travel expense for so many people is not able to be covered by local city budget. For Cascadia Rising, city budgets were severely cut for training activities. This project will train and exercise key personnel, including community partners, on emergency plans. This will enable a smoother response in a major incident, save lives, and protect property, the environment, and the economy. Priority Area #3 4.7 Communications and Warning Primary Core Capability Operational Communications Secondary Core Capability Operational Communications Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT 1 Outfit an amateur radio station at Fire Station 15, and provide ventilation support for the radio room and Mobile Communications Response Unit The building of Fire Station 15 by the Renton Regional Fire Authority created a need for a way to relay damage assessment information to the EOC from that new location. This expands the existing amateur radio network but is not covered by city budget. Likewise, the small spaces in which the amateur radio operators work have inadequate ventilation in the COVID-19 environment, and fans need to be added. These needs were not anticipated at the time the city budget was developed. Thus, federal dollars are being applied to close this budget gap. This project will result in reliable and redundant relay of damage assessment information and important operational information while providing a safer environment for volunteer workers. This will enable better coordination between professional responders, volunteers, and EOC, appropriately prioritizing areas for rescue and critical infrastructure restoration, particularly in the North/Kennydale area of the city. The funding will enable this important information relay to occur versus having an information blackout where there is equipment absence or outage. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 34 of 36 City of Renton OEM, E22-194 Revised Priority Area #4 4.4 Operational Planning and Procedures Primary Core Capability Operational Coordination Secondary Core Capability Planning Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT 1 - Revise operational procedures for the EOC and key ESF functions to align with new recommendations for mutual aid interoperability and for adaptations to a virtual or hybrid environment for EOC operations. - Provide procedural training for EOC personnel. Major purchases include professional services for consulting. This is a newly identified need as a result of COVID-19, and which has not yet been captured in a written AAR/IP. It is based on input and recommendations received through the ongoing Operations Section meetings of the EOC, and it meets the industry expectation that operational procedures for the EOC, sheltering, etc. will adapt based on changing circumstances. There are no funds in the city budget for this activity, and due to budget cuts of personnel for 2021, there are not enough force labor hours to conduct this work in a timely fashion to meet the need. Thus, federal funds will allow this important work to proceed. When completed, operational procedures will include pandemic considerations and integration of virtual operations where feasible. The intended outcome is for emergency management operations to be more flexible with less disruption during a continuity of operations incident, ensuring the ability of the city to provide an appropriate response in a crisis. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 35 of 36 City of Renton OEM, E22-194 Revised Attachment E TIMELINE FY 2021 Emergency Management Performance Grant DATE TASK June 1, 2021 Grant Agreement Start Date April 30, 2022 Submit reimbursement request July 31, 2022 Submit reimbursement request September 30, 2022 Grant Agreement End Date November 15, 2022 Submit final reimbursement request, final report, training requirement report, and/or other deliverables. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the above Timeline. For waived or extended reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. AGENDA ITEM #6. e) DHS-FEMA-EMPG-FY21 Page 36 of 36 City of Renton OEM, E22-194 Revised Attachment F BUDGET FY 2021 Emergency Management Performance Grant 21EMPG AWARD 57,432.00$ SOLUTION AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts 43,132$ -$ Other -$ -$ Subtotal 43,132$ -$ Personnel & Fringe Benefits -$ 57,432$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ 57,432$ Personnel & Fringe Benefits -$ Travel/Per Diem 10,125$ -$ Supplies 125$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal 10,250$ -$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ -$ Equipment 4,050$ -$ Subtotal 4,050$ -$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ -$ Indirect -$ -$ Indirect Cost Rate on file 0.00%N/A TOTAL Grant Agreement AMOUNT:57,432$ 57,432$ for Time Period of:M&APLANNINGORGANIZATION EXERCISETRAININGEQUIP The Subrecipient will provide a match of $57,432 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). Cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 713PT – EMPG AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 1 of 34 City of Renton OEM, E22-209 Revised Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AMERICAN RESCUE PLAN ACT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: Renton, City of Office of Emergency Management (OEM) 1055 S Grady Way Renton, WA 98057-3232 2. Grant Agreement Amount: $19,589 3. Grant Agreement Number: E22-209 Revised 4. Subrecipient Contact, phone/email: Deborah Needham, 425-430-7725 dneedham@rentonwa.gov em@rentonwa.gov 5. Grant Agreement Start Date: June 1, 2021 6. Grant Agreement End Date: December 31, 2022 7. Department Contact, phone/email: Michael Alston, 253-512-7083 michael.alston@mil.wa.gov 8. Data Universal Numbering System (DUNS): 092278894 9. UBI # (state revenue): 177-000-094 10. Funding Authority: Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS) 11. Federal Award ID # (FAIN): EMS-2021-EP-00008-S01 12. Federal Award Date: 08/30/2021 13. Assistance Listings # (formerly CFDA) & Title: 97.042 (21EMPG-ARPA) 14. Total Federal Amount: $2,136,034 15. Program Index # & OBJ/SUB-OBJ: 713PA NZ 16. EIN: 91-6001271 17. Service Districts: (BY LEGISLATIVE DISTRICT): 11, 33, 37, 41 (BY CONGRESSIONAL DISTRICT): 8, 9 18. Service Area by County(ies): King 19. Women/Minority-Owned, State Certified: ☒ N/A ☐ NO ☐ YES, OMWBE #_________ 20. Agreement Classification: ☐ Personal Services ☐ Client Services ☒ Public/Local Gov’t ☐ Research/Development ☐ A/E ☐ Other_______ 21. Contract Type (check all that apply): ☐ Contract ☒ Grant ☒ Agreement ☐ Intergovernmental (RCW 39.34) ☐ Interagency 22. Subrecipient Selection Process: ☒ “To all who apply & qualify” ☐ Competitive Bidding ☐ Sole Source ☐ A/E RCW ☐ N/A ☐ Filed w/OFM? ☐ Advertised? ☐ YES ☐ NO 23. Subrecipient Type (check all that apply): ☐ Private Organization/Individual ☐ For-Profit ☒ Public Organization/Jurisdiction ☐ Non-Profit ☐ CONTRACTOR ☒ SUBRECIPIENT ☐ OTHER 24. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2021 Emergency Management Performance Grant American Rescue Plan Act (21EMPG- ARPA) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 21EMPG-ARPA DHS Award Letter for Grant No. EMS-2021-EP- 00008-S01, which is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); 21EMPG-ARPA Award Letter EMS-2021-EP-00008-S01 (Attachment C); Work Plan (Attachment D); Timeline (Attachment E); Budget (Attachment F); and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: _____________________________________________ Signature Date Regan Anne Hesse, Chief Financial Officer Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Dawn C. Cortez [August 10, 2021] Assistant Attorney General FOR THE SUBRECIPIENT: _____________________________________________ Signature Date Armondo Pavone, Mayor, City of Renton _____________________________________________ Signature (Attest) Date Jason A. Seth, City Clerk, City of Renton APPROVED AS TO FORM (if applicable): _____________________________________________ Subrecipient’s Legal Review Date AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 2 of 34 City of Renton OEM, E22-209 Revised Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Deborah Needham Name Michael Alston Title EM Director Title Program Coordinator Email dneedham@rentonwa.gov em@rentonwa.gov Email michael.alston@mil.wa.gov Phone 425-430-7725 Phone 253-512-7083 Name Emily “MJ” Jorgensen Name Tirzah Kincheloe Title EM Coordinator Title Program Manager Email mjorgensen@rentonwa.gov em@rentonwa.gov Email tirzah.kincheloe@mil.wa.gov Phone 425-430-7727 Phone 253-512-7456 Name Name Courtney Bemus Title Title Program Assistant Email Email courtney.bemus@mil.wa.gov Phone Phone 253-316-6438 ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 21EMPG-ARPA Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2021 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness Grants Manual document (the Manual), the DHS Award Letter for Grant No. EMS-2021-EP-00008-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 21EMPG-ARPA funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 21EMPG-ARPA funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 3 of 34 City of Renton OEM, E22-209 Revised published by DHS/FEMA applicable to the 21EMPG-ARPA Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2021 Emergency Management Performance Grant (EMPG) document, the Manual, the DHS Award Letter for Grant No. EMS-2021-EP-00008-S01 in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 21EMPG-ARPA federal award funds provided to its subrecipients, and associated matching funds, are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VII to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements. ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimus rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements@mil.wa.gov no later than the due dates listed within the Timeline (Attachment E). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 4 of 34 City of Renton OEM, E22-209 Revised g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment E). For waived or extended reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency’s level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department’s sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within forty-five (45) days after the Grant Agreement End Date, except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient’s project(s). i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. l. A written amendment will be required if the Subrecipient expects cumulative transfers to approved, direct budget categories, as identified in the Budget (Attachment F), to exceed ten percent (10%) of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. m. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Training requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 5 of 34 City of Renton OEM, E22-209 Revised e. The Subrecipient shall participate in the State’s annual Stakeholder Preparedness Review (SPR), Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data calls. Non-participation may result in withholding of funding under future grant years. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient’s inventory system. iii. Inventory system records shall include: A. Description of the property B. Manufacturer’s serial number, or other identification number C. Funding source for the property, including the Federal Award Identification Number (FAIN) D. Assistance Listings Number (formerly CFDA Number) E. Who holds the title F. Acquisition date G. Cost of the property and the percentage of federal participation in the cost H. Location, use, and condition of the property at the date the information was reported I. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department’s Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 6 of 34 City of Renton OEM, E22-209 Revised viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per-unit fair-market value of $5,000 or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department’s Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at https://www.fema.gov/grants/guidance- tools/authorized-equipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. If funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 7 of 34 City of Renton OEM, E22-209 Revised i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018). Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and applicable NOFO. Per section 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. g. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 8 of 34 City of Renton OEM, E22-209 Revised consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre-procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department’s monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports ii. Monitoring and documenting the completion of Agreement deliverables iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), e-mails and correspondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements v. Observation and documentation of Agreement related activities, such as exercises, training, events, and equipment demonstrations vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 9 of 34 City of Renton OEM, E22-209 Revised 8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that Subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on https://www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. In order to receive FY 2021 federal preparedness funding, to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS Implementation Objectives are located at https://www.fema.gov/sites/default/files/2020-07/fema_nims_implementation-objectives- 20180530.pdf. B. EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). A portion of the 21EMPG-ARPA is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient’s application for funding, as approved by the Department and incorporated into this Agreement. b. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 10 of 34 City of Renton OEM, E22-209 Revised c. The Subrecipient shall provide a fifty percent cash match of non-federal origin. The Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted and approved in the application and documented in the Budget (Attachment F). To meet matching requirements, the Subrecipient’s cash matching contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. d. Subrecipients shall participate in the State’s annual Integrated Preparedness Planning Workshop (IPPW). Non-participation may result in withholding of funding under future grant years. e. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. . If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval from the Department Key Personnel prior to attending training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/files/2020- 04/Training_Course_Review_and_Approval_IB_Final_7_19_18.pdf, the training must fall within the FEMA mission scope and be included in the Subrecipient’s Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. f. All personnel funded in any part through federal award or matching funds under this Agreement shall complete and record proof of completion of: i. NIMS training requirements outlined in the NIMS Training Program located at https://www.fema.gov/pdf/emergency/nims/nims_training_program.pdf (to include ICS- 100, ICS-200, IS-700, and IS-800 for most personnel) and ii. Either (1) the FEMA Professional Development Series IS-120, IS-230, IS-235, IS-240, IS- 241, IS-242, and IS-244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a Subrecipient of 21EMPG-ARPA funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 21EMPG-ARPA Award Letter and its incorporated documents for DHS Grant No. EMS-2021-EP-00008-S01, which are incorporated and made a part of this Agreement as Attachment C. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 11 of 34 City of Renton OEM, E22-209 Revised Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. “Agreement” means this Grant Agreement. b. “Department” means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. c. “Investment” means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d. “Monitoring Activities” means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities, and policies. e. “Stakeholders Preparedness Report (SPR)” The SPR is an annual three-step self-assessment of a community’s capability levels based on the capability targets identified in the THIRA. f. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.1 for all other purposes. g. “Threat and Hazard Identification and Risk Assessment (THIRA)” The THIRA is a three-step risk assessment. The THIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community’s capability gaps during the SPR process. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient’s project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 12 of 34 City of Renton OEM, E22-209 Revised A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered transactions” by any federal department or agency. “Covered transactions” include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries’ “Debarred Contractor List” (https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services’ Debarred Vendor List (https://www.des.wa.gov/services/contracting- purchasing/doing-business-state/vendor-debarment). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 13 of 34 City of Renton OEM, E22-209 Revised State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.317 General procurement standards through 200.327 Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 14 of 34 City of Renton OEM, E22-209 Revised Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 15 of 34 City of Renton OEM, E22-209 Revised 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six (6) years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for Infrastructure Projects,” and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department reserves the right to review the Subrecipient’s procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panel member. A.13 LEGAL RELATIONS AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 16 of 34 City of Renton OEM, E22-209 Revised It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department’s Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties’ Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 17 of 34 City of Renton OEM, E22-209 Revised A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department’s name is mentioned, or language used from which the connection of the Department’s name may, in the Department’s judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the “records”). AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 18 of 34 City of Renton OEM, E22-209 Revised b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity” means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 19 of 34 City of Renton OEM, E22-209 Revised The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient’s fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the state of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 20 of 34 City of Renton OEM, E22-209 Revised A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 21 of 34 City of Renton OEM, E22-209 Revised The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may use the state of Washington MWBE goals, as identified in WAC 326-30-041. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. A.37 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 22 of 34 City of Renton OEM, E22-209 Revised Attachment C 21EMPG-ARPA Award Letter EMS-2021-EP-00008-S01 AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 23 of 34 City of Renton OEM, E22-209 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 24 of 34 City of Renton OEM, E22-209 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 25 of 34 City of Renton OEM, E22-209 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 26 of 34 City of Renton OEM, E22-209 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 27 of 34 City of Renton OEM, E22-209 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 28 of 34 City of Renton OEM, E22-209 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 29 of 34 City of Renton OEM, E22-209 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 30 of 34 City of Renton OEM, E22-209 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 31 of 34 City of Renton OEM, E22-209 Revised AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 32 of 34 City of Renton OEM, E22-209 Revised Attachment D WORK PLAN FY 2021 Emergency Management Performance Grant- American Rescue Plan Act Emergency Management Organization: City of Renton Office of Emergency Management (OEM) The purpose of EMPG-ARPA is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG-ARPA funding should relate directly to the five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG-ARPA funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG-ARPA funding, including but not limited to the ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include EMPG grant and local funds). Priority Area #1 4.4 Operational Planning and Procedures Primary Core Capability Operational Coordination Secondary Core Capability Planning Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT 2 - Revise operational procedures for the EOC and key ESF functions to align with new recommendations for mutual aid interoperability and for adaptations to a virtual or hybrid environment for EOC operations. - Provide procedural training for EOC personnel. Major purchases include professional services for consulting. This is a newly identified need as a result of COVID-19, and which has not yet been captured in a written AAR/IP. It is based on input and recommendations being received through the ongoing Operations Section meetings of the EOC, and it meets the industry expectation that operational procedures for the EOC, sheltering, etc. will adapt based on changing circumstances. There are no funds in the city budget for this activity, and due to budget cuts of personnel for 2021, there is not enough force labor hours to conduct this work in a timely fashion to meet the need. Thus, federal funds will allow this important work to proceed. When completed, operational procedures will include pandemic considerations and integration of virtual operations where feasible. The intended outcome is for emergency management operations to be more flexible with less disruption during a continuity of operations incident, ensuring the ability of the city to provide an appropriate response in a crisis. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 33 of 34 City of Renton OEM, E22-209 Revised Attachment E TIMELINE FY 2021 Emergency Management Performance Grant- American Rescue Plan Act DATE TASK June 1, 2021 Grant Agreement Start Date July 31, 2022 Submit reimbursement request December 31, 2022 Grant Agreement End Date February 15, 2023 Submit final reimbursement request, final report, training requirement report, and/or other deliverables. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the above Timeline. For waived or extended reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. AGENDA ITEM #6. e) DHS-FEMA-EMPG-ARPA-FY21 Page 34 of 34 City of Renton OEM, E22-209 Revised Attachment F BUDGET FY 2021 Emergency Management Performance Grant - American Rescue Plan Act 21EMPG-ARPA AWARD 19,589.00$ SOLUTION AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts 19,589$ -$ Other -$ -$ Subtotal 19,589$ -$ Personnel & Fringe Benefits -$ 19,589$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ 19,589$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ -$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ -$ Equipment -$ -$ Subtotal -$ -$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ -$ Indirect -$ -$ Indirect Cost Rate on file 0.00%N/A TOTAL Grant Agreement AMOUNT:19,589$ 19,589$ for Time Period of:M&APLANNINGORGANIZATION EXERCISETRAININGEQUIP The Subrecipient will provide a match of $19,589 of non-federal origin, 50% of the total project cost (local budget plus EMPG-ARPA award). Cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 713PA – EMPG-ARPA AGENDA ITEM #6. e) AB - 3064 City Council Regular Meeting - 07 Feb 2022 SUBJECT/TITLE: American Rescue Plan Act (ARPA) Spending Plan RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Kari Roller, Finance Administrator EXT.: 6931 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: On March 11, 2021, Congress passed the American Rescue Plan Act (ARPA) of 2021, a $1.9 trillion economic stimulus bill signed into law by President Biden to speed up the United States’ recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession. City of Renton’s direct entitlement award is $18,113,855. ARPA funding covers the period of March 3, 2021 through December 31, 2024. Costs must be incurred/obligated by December 31, 2024 and spent by December 31, 2026. Funds will be received in two tranches, with 50% provided at the execution of contract and the balance delivered approximately 12 months later. Council approved immediate spending of ARPA dollars in the amount of $3,600,000 for business support, human services and computer equipment to support remote work and $480,000 to fund a grant manager position. Renton’s calculated loss of revenue in 2020 is $19.2M. As such, staff recommends allocating the majority of Renton’s ARPA entitlement toward the replacement of lost public sector revenue which will free up general fund balance eligible for use on government services not previously afforded. Consequently, the government services proposed still align with ARPA eligible uses; however, allocating ARPA in this manner will reduce the administrative burden of tracking expenditures and minimize extensive reporting to the U.S. Dept of Treasury. Staff’s primary proposed use of ARPA falls into the category of lost revenue, eligible for use on government services: 1. Economic Recovery - support for private sector businesses 2. Community Response - support for residents, focusing on disadvantaged and disproportionally impacted populations 3. Health Precautions - COVID responses to reduce the spread of virus 4. City Operations - enhancement of services to increase efficiencies, sustain infrastructure, and provide improvement of city operations 5. Unallocated - funds held back for future consideration Any department proposing to spend ARPA funds must submit a proposal consistent with the funding allocations above. These proposals will be reviewed by the Finance Department to ensure the proposal is consistent with the overall objectives of ARPA and the spending plan adopted by Council. Departments will be responsible for presenting detailed spend plan of ARPA-related programs to Council for final approval. The Finance Department will submit quarterly reports to the Council regarding the proposals received and approved, and the overall ARPA budget status. AGENDA ITEM #6. f) EXHIBITS: A. Issue Paper B. ARPA Spending Matrix STAFF RECOMMENDATION: Approve the targeted allocation of remaining ARPA spending in the amount of $11,650,000 to be used for the outlined purposes, with an unallocated amount of $2,383,855 to be held for future consideration. Future spending will be reviewed and verified by the Finance Department to ensure compliance with the spending plan adopted by Council. AGENDA ITEM #6. f) Finance Department Memorandum DATE:February 1, 2022 TO:Ryan McIrvin, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Finance Administrator x6931 SUBJECT:American Rescue Plan Act (ARPA) Spending Plan ISSUE: Approve staff’s recommendation of ARPA spending plan. RECOMMENDATION: Staff recommends that Council review and approve remaining ARPA spending plan in the amount of $14,033,855 to be used for the purposes outlined within. Future spending will be reviewed and verified by the Finance Department to ensure compliance with spending plan adopted by Council. BACKGROUND DISCUSSION: On March 11, 2021, Congress passed the American Rescue Plan Act (ARPA) of 2021, a $1.9 trillion economic stimulus bill signed into law by President Biden to speed up the United States’ recovery from the economic and health effects of the COVID-19 pandemic and the ongoing recession. The Coronavirus State and Local Fiscal Recovery Fund, established by ARPA, provides $350 billion for states, municipalities, counties, tribes, and territories, including $130.2 billion for local governments, split evenly between municipalities and counties. City of Renton’s direct entitlement award is $18,113,855. ARPA funding covers the period of March 3, 2021 through December 31, 2024. Costs must be incurred/obligated by December 31, 2024 and spent by December 31, 2026. Funds will be received in two tranches, with 50% provided at the execution of contract and the balance delivered approximately 12 months later. Council approved immediate spending of ARPA dollars in the amount of $3,600,000 for business support, human services and computer equipment to support remote work and $480,000 to fund a grant manager position. AGENDA ITEM #6. f) Ryan McIrvin, Council President Members of Renton City Council Page 2 of 3 February 2, 2022 PROPOSED SPENDING PLAN: Staff’s proposed spending plan is categorized in the ARPA Spending Matrix (attached). Staff’s primary proposed use of ARPA falls into the category of lost revenue, eligible for use on government services. Previous pandemic-related federal assistance came in the form of the CARES Act, which was intended to help the community and was not eligible for use on revenue loss; therefore, most of the dollars were spent outside the walls of City Hall. On the contrary, ARPA was designed to continue the recovery effort but was also specifically drafted to help local governments address revenue loss experienced due to COVID. Renton’s calculated loss of revenue in 2020 is $19.2M. As such, staff recommends allocating the majority of Renton’s ARPA entitlement toward the replacement of lost public sector revenue which will free up general fund balance eligible for use on government services not previously afforded. Consequently, the government services proposed still align with ARPA eligible uses; however, allocating ARPA in this manner will reduce the administrative burden of tracking expenditures and minimize extensive reporting to the U.S. Dept of Treasury. Five categories have been identified as government services with detailed allocations listed within the table: 1) Economic recovery: support for private sector businesses, focusing on disadvantaged and disproportionately impacted businesses. This would include business outreach opportunities and events that will increase foot traffic for the Renton businesses. 2) Community Response: support for residents, focusing on disadvantaged and disproportionately impacted populations. This would include upgrading the broadband and Wi-Fi at city-owned community centers and the downtown core to better meet the needs of the community; investing in police body cams to improve police accountability; and renovating City Hall to provide increased accessibility to services. 3) Health Precautions (COVID-response): in response to pandemic, minimize touch points and increase social distancing to reduce spread of virus. This would include technology for remote work, as well as a limited term position to help respond to health and safety issues within city facilities and amongst staff. 4) City Operations: enhancement of government services necessary to increase efficiencies, sustain existing infrastructure and provide overall improvement of AGENDA ITEM #6. f) Ryan McIrvin, Council President Members of Renton City Council Page 3 of 3 February 2, 2022 city operations. This would include funds to be used towards performing maintenance and upgrades needed within the city that were postponed due to financial concern surrounding the pandemic and replace revenues lost as a direct result of the pandemic, which would have been used to support staffing and general operations had they not been lost. 5) Unallocated: funds held back for future consideration. The amount previously allocated to the WA flex fund program is being removed as after reviewing the program further, the funds could not be guaranteed to be used within Renton. Any department proposing to spend ARPA funds must submit a proposal consistent with the funding allocations above. These proposals will be reviewed by the finance department to ensure the proposal is consistent with the overall objectives of ARPA and the spending plan adopted by Council. Departments will be responsible for presenting detailed spend plan of ARPA-related programs to Council for final approval. The finance department will submit quarterly reports to the Council regarding the proposals received and approved, and the overall ARPA budget status. CONCLUSION: Staff recommends that Council approve the targeted allocation of remaining ARPA spending in the amount of $11,650,000 to be used for the outlined purposes, with an unallocated amount of $2,383,855 to be held for future consideration. Future spending will be reviewed and verified by the Finance Department to ensure compliance with the spending plan adopted by Council. AGENDA ITEM #6. f) ARPA Eligible Use Government Service PurposeApproved AllocationProposed AllocationUnallocated BalanceTotal AllocationBusiness grants: offered to small businesses disproportionately impacted by COVID600,000$ 600,000$ WA Flex Fund: contribution to Dept of Commerce small business loan program1,000,000 (1,000,000) ‐$ Replace lost public sector revenueEconomic RecoveryBusiness support: business outreach opportunities and events to increase foot traffic250,000 250,000$ Housing, Homeless Prevention and Human Services1,500,000 1,500,000$ Renovate City Hall lobby to provide increased accessibility to services through investment in technology and facility improvements3,000,000 3,000,000$ Police body cameras 1,000,000 1,000,000$ Broadband/WIFI at community centers and downtown core1,000,000 1,000,000$ Limited term position to help respond to health and safety issues within city facilities and amongst staff400,000 400,000$ Hardware/software for staff to support remote work500,000 500,000$ Replace lost public sector revenue3,000,000 3,000,000$ Genereal city maintenance postponed due to the pandemic4,000,000 4,000,000$ Grants Program Manager position to manage ARPA and other grant opportunities city‐wide480,000 480,000$ Replace lost public sector revenueUnallocatedTBD once human services assessment and plan is completed2,383,855 2,383,855$ ARPA Entitlement: 4,080,000$ 11,650,000$ 2,383,855$ 18,113,855$ Address negative economic impacts caused by the public health emergencyCommunity ResponseReplace lost public sector revenueCity OperationsReplace lost public sector revenueReplace lost public sector revenueHealth Precautions (COVID‐response)AGENDA ITEM #6. f) AB - 3059 City Council Regular Meeting - 07 Feb 2022 SUBJECT/TITLE: Conservation Fee Payment for Coulon North Water Walk Regulatory Approval RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department - PPNR STAFF CONTACT: Betsy Severtsen, Capital Projects Coordinator EXT.: 425-757-6657 FISCAL IMPACT SUMMARY: Conservation Fee payment to meet permit requirements associated with the Coulon North Water Walk Improvements project in the amount of $154,176.91 payable to King County Finance. Full cost of the conservation fee has been budgeted in account 316.332069.020.594.76.63.000. SUMMARY OF ACTION: Improvements to the Coulon Park North Water Walk were identified in the 2019 Parks Bond as a high priority project for major maintenance site improvements. All work will meet regulatory requirements as well as meet the Department of Natural Resources Lease Agreement. One condition of the Federal Nationwide Permit 3 for the project is to meet requirements set forth in the National Marine Fisheries Services Restoration and Permitting (RAP) Implementation program. This includes payment of a Conservation Fee to King County’s Mitigation and Reserve Program, which manages in-lieu fee mitigation under the RAP program. To meet the requirements of the permit conditions, payment must be submitted, and a receipt provided to the Army Corps of Engineers no later than March 14, 2022 (noting that there is a 72-hour wait from when payment is verified by King County Finance to when a receipt is issued). EXHIBITS: A. Invoice B. Nationwide Permit 3 Authorization-Conditions STAFF RECOMMENDATION: Authorize the Mayor to approve payment of the required Restoration and Permitting (RAP) Conservation Fee in the amount of $154,176.91 to King County Finance. AGENDA ITEM #6. g) Water and Land Resources Division INVOICE Department of Natural Resources and Parks King Street Center 201 South Jackson Street, Suite 5600 Seattle, WA 98104-3855 (Note: Please send payment to address below) 206-477-4800 Fax 206-296-0192 TTY Relay: 711 TO: City of Renton DATE: January 25, 2022 Parks Planning and Natural Resources INVOICE #: 117018 and 117019 1055 S Grady Way CUSTOMER#: 764405 Renton, WA 98057 DESCRIPTION: City of Renton Parks Planning and Natural Resources will make this conservation fee payment of $154,176.91 to King County’s Mitigation Reserves Program to comply with measures set forth in the Restoration and Permitting Program (WCRO-2016-00008-3797) and U.S. Army Corps of Engineers Nationwide Permit (NWS-2021-242). Important: Please include the invoice number above with your payment. PAYMENT DETAILS: TOTAL AMOUNT DUE: $154,176.91 DUE DATE: Upon Receipt MAKE CHECK PAYABLE TO: King County Finance MAIL PAYMENT TO: King County Treasury Operations ATTN: Accounts Receivable 201 S. Jackson St. #710 Seattle, WA 98104 ** PLEASE ENCLOSE A COPY OF THIS INVOICE WITH YOUR PAYMENT ** A receipt will be issued after a 72-hour/3-day waiting period from verification of payment by King County Finance. If you have any questions about this invoice, please contact Anne-Gigi Chan at 206-263-2974 or anne-gigi.chan@kingcounty.gov. CAG-20-010 316.332069.020.594.76.63.000 To meet the requirements of special conditions of the permit, payment must be submitted and a receipt provided to the Corps no later than March 14, 2022. Please note that there is a 72-hour (3-day) wait from when payment is verified by King County Finance to when a receipt is issued. BMS Approved 01/25/22 BMS AGENDA ITEM #6. g) DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT 4735 EAST MARGINAL WAY SOUTH, BLDG 1202 SEATTLE, WA 98134 -2388 Regulatory Branch January 13, 2022 Ms. Betsy Severtsen City of Renton (Parks, Planning, and Natural Resources) 1055 South Grady Way Renton, Washington 98057 Reference: NWS-2021-242 City of Renton (Water Walk Improvement) Dear Ms. Severtsen: We have reviewed your application to repair 97 piles, install grated decking, replace two floats and ramps, and replace support elements of the pier to maintain an existing water walk in Lake Washington at Renton, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 3, Maintenance (Federal Register January 6, 2017, Vol. 82, No. 4), authorizes your proposal as depicted on the enclosed drawings dated October 26, 2021. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 3, Terms and Conditions and the following special conditions: a.In order to meet the requirements of the Endangered Species Act you may conduct the authorized activities from July 16 through July 31 , and November 16 through December 31 in any year this permit is valid. You shall not conduct work authorized by this permit from January 1 through July 15, or August 1 through November 15 in any year this permit is valid. b.In order to meet the requirements of the Endangered Species Act (ESA) and Magnuson-Stevens Fishery Conservation and Management Act (MSA) Restoration and Permitting (RAP) programmatic consultation (National Marine Fisheries Service (NMFS) Reference Number WCRO -2016-00008), you must implement and abide by the ESA requirements and/or agreements set forth in the Biological Opinion (BO) dated February 17, 2017, the NMFS’ RAP Implementation Guide dated July 25, 2019, and the RAP form for your individual project (NMFS Reference Number WCRO -2016-00008-3797). The BO is available on the U.S. Army Corps of Engineers (Corps) website (Permit Guidebook, Endangered Species, Program matic Consultations, Activities on Lakes AGENDA ITEM #6. g) -2- Washington and Sammamish). Upon completion of the permitted work, you must submit an As-Built Report (see RAP Implementation Guide, Appendix E) to the Corps and the NMFS (rap-reports.wcr@noaa.gov). You must visually monitor the work area during construction when the substrate is disturbed and ensure that observable turbidity increases do not extend beyond a 150-foot radius around the work area. If turbidity increases occur beyond this area, you must include it in your As-Built Report. You must comply with any required RAP planting plan (see RAP Implementation Guide, Appendices C and D) requirements and submit annual monitoring reports for five years to the Corps and the NMFS (rap-reports.wcr@noaa.gov). All reports must prominently display the reference number NWS -2021-242. Failure to comply with these requirements constitutes non-compliance with the ESA and your Corps permit. The NMFS is the appropriate authority to determine compliance with the terms and conditions of its BO and with the ESA. If you cannot comply with the terms and conditions of this programmatic consultation, you must, prior to commencing construction, contact the Corps, Seattle District, Regulatory Branch for an individual consultation in acc ordance with the requirements of the ESA and/or the MSA. c. To be in compliance with Special Condition "a", you must request an invoice from the King County Mitigation Reserves Program (ATTN: Ms. Megan Webb, megan.webb@kingcounty.gov; In-lieu Fee Mitigation and Transfer of Development Rights, King County Water and Land Resources Division, Department of Natural Resources and Parks, 201 South Jackson Street, Room 600, Seattle, Washington, 98104-3855) and provide the U.S. Army Corps of Engineers a receipt that you have paid the required conservation fees of $154,176.91 within 60 days from the date of permit authorization. This information must prominently display the reference number NWS-2021-242. d. Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries) under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the U.S. or structures or work in navigable waters of the U.S. authorized by this Nationwide Permit verification shall be reported to NOAA Fisheries, Office of Protected Resources at (301) 713 -1401 and the Regulatory Office of the Seattle District of the U.S. Army Corps of Engineers at (206) 764-3495. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. AGENDA ITEM #6. g) -3- e. In order to meet the requirements of the Endangered Species Act (ESA) programmatic letter of concurrence for selected activities in th e Lake Washington/Lake Sammamish Basins (U.S. Fish and Wildlife Service (USFWS) Reference Number 13410-2009-I-0386-R001) you must comply with the relevant conservation measures in the document titled, Conservation Measures for Activities Covered under the Lake Washington Programmatic Consultation Letter of Concurrence available on the U.S. Army Corps of Engineers (Corps) website (Permit Guidebook, Endangered Species, Programmatic Consultations, Activities on Lakes Washington and Sammamish). If you cannot c omply with these conservation measures, you must, prior to commencing construction, contact the Corps, Seattle District, Regulatory Branch for an individual consultation in accordance with the requirements of the ESA. The USFWS is the appropriate authority to determine compliance with the ESA. f. To ensure that light transmission is not impacted, grating must not be covered with or blocked by any objects, such as, but not limited to, buildings, planters, storage sheds or boxes, nets, carpets, boards, tables, lawn furniture, or utility conduits or boxes. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. Please be reminded that Special Condition “b” of your permit requires that you implement and abide by the Endangered Species Act (ESA) requirements set forth in the programmatic Biological Opinion (BO) for this project. In particular, within 60 days you must provide an As-Built Report, annual monitoring reports, and a receipt for the conservation fees, as described in the BO. Please note that National General Condition 21, Discovery of Previously Unknown Remains and Artifacts , found in the Nationwide Permit Terms and Conditions enclosure, details procedures that must be followed should an inadvertent discovery occur . You must ensure that you comply with this condition during the construction of your project. The authorized work complies with the Washington State Department of Ecology’s (Ecology) Water Quality Certification (WQC) requirements and Coastal Zone Management (CZM) consistency determination response for this NWP. No further coordination with Ecology for WQC and CZM is required. AGENDA ITEM #6. g) -4- You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the J D and work authorized in this letter may not occur until the JD has been completed. Our verification of this 2017 NWP authorization is valid until February 25, 2022, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work for the 2017 NWP authorization has not been completed by that date and you have commenced or are under contract to commence this activity before February 25, 2022, you will have until February 25, 2023, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. All compliance reports should be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch electronically at nws.compliance@usace.army.mil. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey . Referenced documents and information about our program are available on our website at www.nws.usace.army.mil, select “Regulatory Permit Information”. An electronic copy of this letter with enclosures will be furnished to your agent, Mr. Jason Stutes of GeoEngineers, Inc., by email at jstutes@geoengineers.com . If you have any questions, please contact me at samantha.m.stanford@usace.army.mil or (206) 764-6182. Sincerely, Samantha Stanford, Project Manager Regulatory Branch Enclosures Cc: Ecology (ecyrefedpermits@ecy.wa.gov ) NMFS (rap-wa.wcr@noaa.gov) KCMRP (megan.webb@kingcounty.gov) AGENDA ITEM #6. g) AB - 3066 City Council Regular Meeting - 07 Feb 2022 SUBJECT/TITLE: Addendum No. 7-22 to LAG-13-005 with The Landing Gear Works (TLGW) RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Airport STAFF CONTACT: Manny Cruz, Airport Business Coordinator EXT.: 7478 FISCAL IMPACT SUMMARY: Execution of Amendment 7-22 to LAG-13-005 between The Landing Gear Works (TLGW) and the City will result in annual lease revenue of at least $67,589.70. This is a $38,309.69 annual increase from the current lease structure. In addition, the original lease will now include two buildings known as the 295 Building and the 350 Building. SUMMARY OF ACTION: The Landing Gear Works have been on a month-to-month lease since 2019, due to potential conflict of the building with FAA safety requirements. They have requested a new lease to include more space for their business and operation. During the 2021-year TLGW and the Airport have been in discussion to find a resolution to the limited space available for their expanding business to continue their operations at the Renton Municipal Airport. As provided for in the original lease, The Landing Gear Works lease s the (295 Building) located at 295 East Perimeter Road, has a square footage of (10,204 square feet). TLGW requested to lease the remaining 3,494 of unleased area in Building 295 for additional working space (referenced in Exhibit C). In addition, the tenant agrees to add the additional 1,704 square feet of parking area on the southeast corner of (295 Building) for employee parking to LAG 13-005. Due to the growth of the TLGW business, limited access for their customers, and lack of cover during the winter months when working on customer’s aircraft, TLGW requested additional space with indoor coverage for aircraft and their customers. The Airport provided the option to lease the (350 Building) located on 350 Airport Way adding an additional 27, 085 square feet to LAG 13-005. Referenced in Exhibit D. Based on this, and TLGW willingness to immediately commence payment to the City at the current Airport land rental rate of $1.10 per square foot, City staff recommends that the City Council agree to a mend the lease to add the additional square footage to LAG 13-005, including the 350 Building for indoor storage, amend the rental rates, extend the lease expiration date to June 22, 2024, and make other necessary corrections and amendments, all as set forth in Amendment 7-22. EXHIBITS: A. Amendment 7-22 STAFF RECOMMENDATION: AGENDA ITEM #6. h) Authorize the Mayor and City Clerk to execute Amendment 7-22 to LAG-13-005 with The Landing Gear Works. Such authorization will show an increase of $38,309.69 in additional lea se revenue to the airport, would benefit the City and TLGW respectively by bringing current the land rental rate to airport market rate, and re - establish TLGW the opportunity to continue their growth and provide services to the aviation industry and public. AGENDA ITEM #6. h) AMENDMENT 7-22 TO BUILDING LEASEAGREEMENT City of Renton to Landing Gear Works,LLC THIS AMENDMENTNo.6 to Lease Agreement LAG 13-005 is entered into as of ,by the City of Renton,a Municipal Corporation (Landlord)and Landing Gear Works,a Washington limited liability company (Tenant) and amends that certain lease agreement LAG 13-005 dated September 1,2013. WHEREAS,the Tenant is currently leasing the first floor of the building located at 295 East Perimeter Road (295 building),consisting of 10,204 square feet under Lease LAG 13-005 and Amendments 1,2,3,4 &5 thereto (collectively,the Lease),which lease is currently scheduled to terminate on August 31,2019;and WHEREAS,the Landlord anticipates that demolition of the 295 building might be necessary pursuant to the Airport Master Plan Update;and WHEREAS,the Landlord is willing to continue leasing the 295 building on a term that will end on June 22,2024 because the requirement to demolish the 295 building is not yet certain;and WHEREAS,Tenant also seeks to lease additional space,Tenant will lease the full parcel located at 350 East Perimeter Road (The 350 Building)from Landlord;and WHEREAS,the Parties want to express their intent to continue the tenancy until June 22,2024; NOW,THEREFORE,IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN CONTAINED AND FOR OTHER GOOD AND VALUABLE CONSIDERATION,THE RECEIPTAND SUFFICIENCYOF WHICH IS HEREBYACKNOWLEDGED,LANDLORDAND TENANTAGREE TO AMEND THE LEASE,LAG 13-005 AS AMENDED,AS SET FORTH WITNESSETH:1.The Landlord and Tenant do hereby agree to amend Section 1.b Legal DescriptionandReservationofEasementtoreadasfollows:Landlord hereby leases to Tenant,and Tenant leases from Landlord for the termdescribedinSection3Termbelow,the premises as described in Exhibit C and ExhibitD,to include: Leas e LAG13-005 City R en to n toLandingGearWorksLLC LA G 13-005 Ame ndm ent 06-21 AGENDA ITEM #6. h) A.The entire square footage (13,494 square feet)of the building located at 295 East Perimeter Road (295 Building).The remaining 3,494 square feet of formerly unleased area of the 295 Building and the 1,704 square feet of parking area on the southeast corner will be added to LAG 13-005.The Lease does now include the entire facility (10,204 +3,494 +1,704 =15,402 square feet).The total office space on the first floor of the building is 6,122 square feet.The total storage space on the first floor is currently 4,082 square feet.The new addition to the lease is a total of (3,494 +1,704 =5,198 square feet),as depicted in Exhibit C, which is hereby incorporated by reference. B.In addition,Landlord hereby leases to Tenant,and Tenant leases from Landlord for the term described in Section 3 Term below,the entire facility located on the 350 East Perimeter Road (350 Building),adding an additional 27,085 square footage to LAG 13-005,as depicted in Exhibit D,which is hereby incorporated by reference. 2.The Landlord and Tenant do hereby agree to amend Section 3.c.Additional Term (which section was added in Amendment No.2-15 to LAG 13-005)to read as follows: ”After the Extended Term,continued tenancy by Landing Gear Works,LLC.,will be extended to June 22,2024.The tenancy will terminate and under no circumstances will Tenant be permitted to extend its tenancy beyond June 22,2024,due to the scheduled demolition ofthe 350,330,and 295 buildings in accordance with airport planning of the parcel to coincide with the Airport Master Plan.If either party wishes to terminate the tenancy before the completion of the Additional Term,the terminating party will provide the other party with notice at least ninety (90) calendar days in advance of the termination date.” 3.Landlord and Tenant do hereby agree to amend Section 4.a Minimum Monthly Rent to read as follows: dollars,PLUS Leasehold Excise Tax as described in Section 5 below,withoutdeduction,offset,prior notice or demand,payable promptly in advance on the firstdayofeachandeverymonth.All such payments shall be made to The City ofRenton,616 West Perimeter Road,Unit A,Renton,Washington 98057.The Minimum Monthly Rent,beginning on the date of execution of this amendment,is computed as follows:295 Building Leas e LAG13-005 City R en to n toLandingGearWorksLLC LA G 13-005 Ame ndm ent 06-21 AGENDA ITEM #6. h) 60%office space =6,122 sq.ft.@ $4.50 =$27,549 40%storage space =4,082 sq.ft.@ $1.10 =$4,490.20 Southeast parking Area =1,740 sq.ft.@ 1.10 =$1,914 Additional unleased area =3,494 sq.ft.@ $1.10 =$3,843.40 New Annual Total rent =($27,549 +$4,490.20 +$1,914 +$3,843.40 =$37,796.20/ 12 months =$3,149.68 per month) 350 Building The total square footage for the 350 building is 27,085 square feet at $1.10 per square foot.Annual Total Rent =(27,085 sq.ft x $1.10 =$29,793.50 12 months = $2,482.79 per month). The new total rental rate for LAG 13-005 ($37,796.20 +$29,793.50:$67,589.70). The new monthly rental rate for LAG 13-005 ($67,589.70/12 =$5,632.48 per month). 4.All other terms and conditions of the original Lease Agreement and Amendments thereto,insofar as they are not inconsistent herewith,shall remain in full force and effect. LANDINGGEAR WORKS LLC CITYOF RENTON a Washington Limited Liability Company a Washington Municipal Corporation me:7’OM45 50“Armando Pavone Title:?k-+N\b€EQ.Mayor Date:Date: Shan eCity Leas e LAG13-005 City R en to n toLandingGearWorksLLC LA G 13-005 Ame ndm ent 06-21 A p pr o v e d astoform:AGENDA ITEM #6. h) 3:2:cz_o__u>r>583x><z>z._zo. mm.~..uo_...._.m m $3»..1 m~o..:.5 mm ?|O: mpma<<mm4m>mm_:_2m.e_//ms.ma / 2./ L / m5.uo.:..m IIL- _X._.Am-_~.rm..~=e8..we I.I ma».uum_._m oo5_.r_.u_uu._u_w _ .w 2%pan»,.3ommmm..aw.s\\\H.2mS-M.D -02om.~m_$_m a..._pa_..5 WM.42.mommw35 7 m.umuu s:Iul.lm\.M?_Au.mm.5»||||l|‘|l||||||I|||I‘ilL2m~..uo...~_.<<Nw.Ammx:_m_aG0L A7 2 made;._./_o oo.-\....\\./... .uwmm.1:/I I .11 .I -xv..l2 E N.\.W \\IILWJII,E?u, I L_}Lzm..:.mo:<<mmi.mo._.~..m O_4<OWUNIDINIII4U11C?P—?‘all!‘E333:Eh?rpitl?qnu 5.11:in mo~.mw3;». 55' V 95.09 AGENDA ITEM #6. h) if 2 “$55:I 1%4n,7 ‘ TII ::.\. Er HL$. mc_S_zo8SN _5o.m3.£53...7n mun uulllu s\uu--Av:-:ns\u-nu u/-/u AM \...§. v bmwstk. l,.,__,__ AGENDA ITEM #6. h) AB - 3061 City Council Regular Meeting - 07 Feb 2022 SUBJECT/TITLE: New Lease with New Cingular Wireless PC, LLC at Highlands Reservoir RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Theresa Salmon, Facilities Coordinator EXT.: 6612 FISCAL IMPACT SUMMARY: The City will receive a $7,500 one-time admin fee plus $2,800 monthly with an annual increase of 3% approximately $700,000 over 20 years lease term. SUMMARY OF ACTION: A new twenty-year Lease (LAG-22-002) with New Cingular Wireless PC, LLC, a Delaware limited liability company. The lessee is engaged in the operations of communications and desires to lease a portion of the property from the City at the Highlands Reservoir Site, 3410 NE 12th St, Renton, WA. New Cingular Wireless leases a portion of the land and water tower for their equipment. They install, maintain, repair, and update their equipment for the duration of the lease. Terms of the lease: • Twenty (20) year lease effective February 1, 2022, to January 31, 2042 • One-time administration fee of $7,500 for processing • Monthly fee of $2,800 with a 3% annual increase • Total revenue generated over the contract term is estimated at $700,000 or more with a 3% increas e. The City’s Public Works Water Utility has reviewed the proposed lease and has no concerns with this lease impeding any future use of the property for water system needs. EXHIBITS: A. New Cingular Wireless Contract STAFF RECOMMENDATION: Execute the agreement with New Cingular Wireless, PC at Highlands Reservoir for 20 years, effective February 1, 2022, to January 31, 2042, with a one-time administration fee of $7,500 and a monthly fee of $2,800 with 3% annual increases. AGENDA ITEM #6. i) New Cingular Wireless LAG -22-002 WIRELESSCOMMUNICATION FACILITIES SITE LEASEAGREEMENT WITH NEW CINGULARWIRELESSPCS THIS SITE LEASEAGREEMENT (”Lease",”Agreement",or ”Lease Agreement")is made as of this 1 day of Februam ,2022,(the "Effective Date”)by and between the City of Renton,a Washington municipal corporation (the ”City”),and New Cingular Wireless PCS,LLC,a Delaware limited liability company,having a corporate mailing address at 1025 Lenox Park Blvd NE,Third Floor,Atlanta,Georgia 30319 (”Lessee").The City and Lessee are sometimes referred to collectively in this Agreement as the ”Parties”.Renton’s Facilities Division (”Faci|ities”)is the custodian of the property. RECITALS WHEREAS,the City supports increased availability and improved communications services for its citizens and businesses;and WHEREAS,the City's primary responsibility is to provide municipal services to its citizens and businesses and to lease City facilities to private communication companies if such lease will not interfere with the delivery of those municipal services;and WHEREAS,opportunities for the City to lease City property should be marketed to accomplish the greatest exposure and to achieve the best value for the City and its residents;and WHEREAS,City-owned property must be leased at no less than fair market value;and WHEREAS,the City owns certain improved real property and facilities including but not limited water reservoirs,pump station,emergency power generator and related appurtenances located at 3410 NE 12"‘St,Renton,Washington,commonly referred to as Highlands Reservoir site, which is legally described in Exhibit A,attached and fully incorporated by reference into this Lease (”Property”);and WHEREAS,the Lessee is engaged in the operation of communications and desires to lease from the City,and the City is willing to lease that portion of the Property which is marked as "Lessee’s Equipment Facility Area”described in Exhibit B,attached and fully incorporated by reference into this Lease;and 1 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) New Cingular Wireless LAG -22-002 TERMS OF NON-EXCLUSIVELEASE NOW THEREFORE,for valuable consideration the sufficiency of which is acknowledged and in consideration of the terms,conditions,covenants and performances contained in this Lease,the Parties mutually agree to incorporate the above—noted Recitals and agree as follows: 1.The City Represents the Following: A.it owns the Property and Lessee’s Equipment Facility Area and all appurtenances to the Property and Equipment Facility Area not owned by other Lessees; B.It is fully authorized to enter this Lease;and C.The individual executing this Lease on behalf of the City is authorized to bind the City to the provisions of this Lease. Areas Leased /Equipment FacilitvArea: A.The City leases to Lessee at Lessee’s sole responsibility and expense,a non- exclusive portion of the Property,identified in this Lease as Lessee’s Equipment Facility Area,(Exhibit B),together with non-exclusive access rights to the City's conduits if the conduits are available as determined solely by the City,as further described in Exhibit C, attached and fully incorporated by reference into this Lease,and access rights to and from Lessee’s Equipment Facility Area through the Property to the public right-of-way, sufficient for Lessee’s use of Lessee’s Equipment Facility Area,as outlined in Paragraph 3 of this Lease.Any changes to the location of Lessee’s access right (described in Exhibit C) is subject to the City's approval. 3.Lessee has examined the Property and accepts Lessee’s Equipment Facility Area and surrounding Property "as is”,in its present condition as part of the consideration of this Lease. Permitted Use: The Lessee may use Lessee’s Equipment Facility Area only for the installation,operation, maintenance,replacement,modification.upgrade and removal at Lessee’s sole responsibility and expense,of Lessee’sun—staffedantenna site equipment,to be referred to as "Lessee’s Site Equipment”.The Site Equipment on the Property shall comprise only those items described on Exhibit D,attached,and fully incorporated by reference into this Lease.The definition of what is included as Lessee’s Site Equipment in Exhibit D may only be modified by written agreement of the Parties.Lessee shall not use the Property for any other purpose without the City's prior written consent,which the City may withhold for any reason at the City's sole discretion. 2of35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) New Cingular Wireless LAG -22-002 4.Effective Date: All references in this Lease to the "Effective Date","Acceptance Date","the date hereof”, or similar references shall be deemed to refer to the date on which the City has executed and acknowledged this Lease. 5.Term: This Lease shall commence on February 1 2022 ("Commencement Date"),and shall expire twenty (20)years from such date on February 1,2042. 6.Initial Staff Time;Rent;Subsequent Adjustments;Holdover Rent &Charges for Late Payment: A.Initial Staff Time:Lessee shall pay a one—time fee in the amount of Seven Thousand-Five Hundred Dollars ($7,500)within thirty (30)days following the Effective Date for initial staff time in preparing this Agreement.This fee shall be delivered or mailed to the address in Paragraph 6.C below.Lessee may incur additional fees,the amount to be determined by the City,if Lessee requests significant revisions to Lessee’s Equipment Facility Area and/oradditional area within the Property. B.At the City's discretion,a licensed engineer of the City's choice shall review, inspect,and approve the original installation and any future modifications and additions to the Site Equipment.Lessee shall bear the reasonable cost of such approval and inspection. C.Monthly Rents: 1.Monthly Rent is the amounts as defined in Paragraph 6.D below,plus Washington Leasehold Excise Tax.Lessee is responsible to pay the Leasehold Excise Tax either directly to the State and to provide proof of such payment to the City as set forth in Paragraph 7 below or to pay the Leasehold Excise Tax directly to City. 2.Rent payments shall reference,"LAG-22-002 Highlands Reservoir Wireless Communications Lease”,and shall be delivered electronically as approved by the City of Renton Finance Department or mailed to: City of Renton Finance Department 1055 South Grady Way Renton,Washington 98057 3.Rent for any partial month at the beginning or end of the term of this Lease shall be prorated. 3 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) New Cingular Wireless LAG -22-002 D.Rents Due: 1.Commencing ,2022 Monthly Rent for the calendar year 2022 shall be Two thousand,eight hundred dollars,($2800)each month invoiced monthly by the City,plus Washington Leasehold Excise Tax,if applicable. 2.The Monthly Rent amount shall increase three percent (3%)per year commencing Februagl 2023 ,and for each yearthereafter. E.The City retains the right to identify additional charges/rent in a proportional amount,for any additional requests by Lessee for lease space outside Lessee’s Equipment Facility Area.The City may,in its sole discretion,deny such a request for any reason. F.Receipt of any Rent by the City,with knowledge of any breach of this Lease by Lessee,or of any default on the part of Lessee in the observance or performance of any of the conditions or covenants of this Lease shall not be deemed a waiver of any provision of this Lease. G.if after the end ofthe Initial Term or any Renewal Term,as the case may be,Lessee continues to use the Property without entering into a new lease with the City,and/or the City has not provided written notice to Lessee that the Lease will not be renewed,the Lessee shall become a Tenant on a month-to-month basis on the same terms and conditions of this Lease,and pay monthly Rent equivalent to the Monthly Rent at the time the Term ends including the annual three percent (3%)increase in Paragraph 6.D.3 above H.If any sums payable to the City under this Lease are not received by the City on or before the fifth (5“‘)day following its due date,the Lessee agrees to pay a late fee of Two Hundred Dollars ($200)which shall be due and payable with the Rent payment.There shall be a Twenty—five Dollars ($25)fee assessed to the Lessee if a bank or other financial institution returns a check to the City with the indication that the check cannot be honored or indicates insufficient funds for electronic payment of Rent.The City and Lessee agree that such charges represent a fair and reasonable estimate of the costs incurred by the City by reason of late payments and uncollectible checks,and the failure by the Lessee to pay any such charges by no later than thirty (30)calendar days after Lessee’s receipt of written demand for payment by the City together with reasonable supporting documentation evidencing such charges shall be a default under this Lease. The City's acceptance of less than the full amount of any payment due from the Lessee shall not be deemed an accord and satisfaction,waiver,or compromise of such payment unless specifically agreed to in writing by the City. 7.Taxes Assessments St Utilities: The Lessee agrees to pay all taxes and assessments which are the result of Lessee’s use of the Property and/or which may become a lien on the interest of Lessee in accordance with RCW 79.44.010 (Lands subject to local assessments),as it exists or may be amended. Lessee shall pay all taxes,including but not limited to leasehold excise taxes,which may 4 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 10. New Cingular Wireless LAG -22-002 be levied or imposed upon the interest of Lessee or by reason ofthis Lease,unless exempt under RCW 82.29A.130 (Exemptions —Certain property),as it exists or may be amended, which copy of such exemption required to be attached to this Lease as Exhibit E,or if such amount is paid directly to the State of Washington.Within thirty (30)calendar days of Lessee’s receipt of the City's written request,Lessee shall provide to the City evidence of Lessee’s payment of the Washington Leasehold Excise Tax in which Lessee has paid directly to the State of Washington.Lessee is responsible for and agrees to pay for utilities that serve Lessee’s Equipment Facility Area at the rate charged by the servicing utility company. Permits: Prior to performing any upgrades or construction work within the Property,Lessee shall secure all necessary federal,state and/or local licenses,proof of agency and permits for the construction and operation of the antenna and associated equipment (collectively referred to hereinafter as ”Government Approvals”)at its sole expense.The City authorizes Lessee to make any and all applications and/or submissions necessary to obtain all Government Approvals from all applicable governmental and/or regulatory entities required for construction or operation of the Site Equipment within Lessee’s Equipment Facility Area.To the extent authorized by law,the City agrees to cooperate with Lessee,at no cost to the City other than administrative costs,in the submission and/or processing of any such applications. Non-Interference to Property: A.Multiple Occupants (City,lessees,tenants,or equivalents)(each an ”Occupant") use this Equipment Facility Area,Property adjacent right—of—wayand access areas.The City desires that all Occupants will work together and not cause unreasonable interference with the other Occupants’uses.Lessee shall not use Lessee’s Equipment Facility Area,Property,adjacent right-of—way,or access areas in any way that materially interferes with any use of the Property for City purposes or other Occupants,lessees, tenants or equivalents. B.The City will require other Occupants outside of the historical uses of the Property to provide the same assurances against interference with any Occupants’outside the historical uses of the Property,and will work to eliminate or mitigate unreasonable interference with the operations of Lessee caused by other Occupants. Radio Freguencylnterference Study (If Applicable): A.If necessary for existing wireless facilities and future wireless facilities —Lessee,at Lessee’s sole responsibility and expense,shall perform all necessary tests or studies, including but not limited to radio frequency test(s)to determine the suitability of Lessee’s Equipment Facility Area for its intended use.Lessee shall,in a timely manner,provide the City with a complete and accurate copy of any and all such tests or studies. 5of35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) New Cingular Wireless LAG -22-002 B.If necessary for existing wireless facilities and future wireless facilities —as part of the permitting process along with studies and required permitting and prior to the installation of Site Equipment,Lessee,at Lessee’s sole responsibility,shall conduct an interference study.Pre~existing Lessee(s)with communication uses currently located on the Property shall review the results of this study.If as a result of the interference study it is determined that operation of Lessee’s Site Equipment would significantly interfere with the operation and use of any other authorized communications facilities on the Site, operated by the City,other pre-existing authorized communications facilities,or other pre-existing Lessee(s),the Lessee or the City may terminate the Lease upon thirty (30) calendar days’notice to the other party and neither party shall have any further obligations or responsibilities under the Lease,except for removal of Lessee’s Site Equipment and return of Lessee’s Equipment Facility Area to its condition prior to installation of Lessee’s Site Equipment. C.If after Lessee initiates operation of its Site Equipment,the City has reason to believe that Lessee’s operation of its Site Equipment has caused or is causing any electrical,electromagnetic,radio frequency,or other interference with the operation and use of any other authorized communications facilities on the Property,whether operated by the City,Lessee,or another pre—existing Lessee with rights prior in time to Lessee, Lessee shall promptly commence curative measures until the interference has been corrected to the reasonable satisfaction of the owner of the facilities sustaining interference.If such interference has not been corrected within sixty (60)calendar days of Lessee’s receipt of the initial notice from the City,during the sixty (60)days the City may allow the Lessee to power down the equipment causing the interference (except for intermittent testing)until such interference is remedied.If Lessee is unable to remedy such interference within such sixty (60)day period,Lessee or the City may terminate the Lease upon thirty (30)calendar days’notice to the City and Lessee shall not have any further obligations or responsibilities under the Lease except removal of Lessee’s Site Equipment and return of Lessee’s Equipment Facility Area to its condition prior to installation of Lessee’s Site Equipment. D.Lessee shall not affix or mount any antennas,devices,equipment or related material,in any manner or in any location which would cause degradation in the operation or use of communications systems at the Property which serve the City or other public users.This would include but not be limited to impacting the received or transmitted signal strength or patterns of any systems at the site serving the needs of the City.If at any time the operation of Lessee’s Site Equipment interferes with the reception or transmission of public safety communications,following receipt of written notice of such interference,Lessee shall cease operation of the site (except for intermittent testing) until such time as the interference is corrected.In the event the interference cannot be corrected within thirty (30)days following receipt of such notice,party may terminate the Lease upon thirty (30)calendar days’notice to the other party and neither party shall have any further obligations or responsibilities under the Lease.Lessee agrees to provide 6 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 11. New Cingular Wireless LAG -22-002 contact information for the National Operations Center that can remotely shut off Lessee's equipment remotely in the event of an emergency. E.In the event the operation or use of communications systems at the Property which serve the City or other public users causes interference with Lessee’s equipment, City agrees to reasonably cooperate with Lessee to reduce such interference.If such interference cannot be reduced to Lessee’s satisfaction,Lessee may terminate this Lease immediately upon written notice to City and Lessee shall not have any further obligations or responsibilities under the Lease. Access and Security for an Equipment Facility Area on Property: A.Lessee is hereby granted a limited and non-exclusive license to enter the Property for maintenance,operation and/orrepair of Lessee’s Equipment Facility at the locations indicated on the access plan,described in Exhibit C,or as further modified to provide an alternative access method to be approved by the City,which approval may be withheld for any reason. B.Lessee shall make its best effort to maintain,repair,or replace Lessee’s ground equipment during Normal Business Hours (8:00 a.m.to 4:30 p.m.).Lessee shall notify the City's representative or designee prior to accessing the Property.Facilities may be reached at (425)430-6605 during Normal Business Hours.Access to Lessee’s equipment on Property will require forty-eight (48)hours prior notice to the City for the maintenance,repair or replacement of said equipment.Access to Property shall be limited to Normal Business Hours and work shall be done in a manner that will not interfere with the City's primary use of the Property.Should Lessee determine,outside of Normal Business Hours,that emergency access is needed to either the ground equipment or to the equipment on Property,Lessee shall notify the City by contacting the Renton Police Department at 911 who will refer the caller to the City Facilities’on—ca|l staff.Lessee shall reimburse Facilities for costs incurred for the on-call time to respond to an after-hours access request. C.The City shall,upon request of Lessee,provide a list of emergency telephone numbers known to the City of the other lessees of the Property. D.In the event of a public safety emergency at the Property,the City shall have the right to turn off the Lessee’s equipment without prior notification.The Lessee shall ensure that any switches for turning off the Lessee’s equipment are properly labeled,include an emergency contact phone number,and are readily accessible to the City.The City will endeavor to notify the Lessee as soon as possible of any emergency that requires the City to turn off Lessee’sequipment. E.In the event of any emergency in which any of Lessee’s telecommunications facilities located in,above,or under any public way or City—ownedproperty breaks,are damaged,or if Lessee’s construction area is otherwise in such a condition as to immediately endanger the property,life,health,or safety of any individual,Lessee shall immediately take the proper emergency measures to repair its facilities,to cure or 7of35 New Cingular Wireless lAT&T)Highlands Cell Lease AGENDA ITEM #6. i) 12. New Cingular Wireless LAG -22-002 remedy the dangerous conditions for the protection of property,life,health,or safety of individuals without first applying for and obtaining any permit as required by this Lease. However,this shall not relieve Lessee from the requirement of immediately notifying the City by telephone upon learning of the emergency and obtaining any permits necessary after the emergency work.Lessee shall apply for all required permits not later than the second succeeding day during which the Renton City Hall is open for business. F.In the event of a public emergency,such as,but not limited to,road failure, evacuation,natural disasters,hazardous substance spills,and fatal accidents during public use at the Property,Lessee's access may,at the City's reasonable discretion,be temporarily limited or restricted;provided,that any temporary limitation or restriction in Lessee's access shall be restored as soon as the circumstances shall allow,as determined by the City. G.For the security of the Property,at the City's discretion,Lessee may be responsible to provide separate security fencing and gate to Lessee's Equipment Facility Area.Lessee will provide the City's designated Facilities staff with two (2)keys for emergency access to Lessee's Equipment Facility Area.The City may at any time during the Term of this Lease determine that additional security measures are needed at the Property.Lessee shall reimburse the City for the City's costs in implementing revised security measures,to the extent that additional costs are incurred due to the presence of Lessee's equipment. The City also retains the right to revise access procedures during the Term of this Lease. Lessee shall comply with revised access requirements so long as access is maintained according to provisions of the Lease. Utilities &Services: A.Anytime,with twenty-four (24)hours written notice to the City,Lessee or its surveyor or contractor may,at Lessee's sole expense,enter upon and survey Lessee's Equipment Facility Area and the City's abutting and surrounding property to take measurements,make calculations,review any and all existing easements,property restrictions,if any,and note all other information relevant to Lessee's assessment of the suitability of Lessee's Equipment Facility Area for its purposes.Said access shall be within Normal Business Hours. B.The City shall not furnish Lessee with electrical service for Lessee's Equipment Facility Area.Lessee has or may install,at its sole cost and expense,an electrical meter and run such utility lines as may be reasonably necessary to provide electrical service to Lessee's Equipment Facility Area,in a location acceptable to the City,as described in Exhibit C.The provision of such electrical lines and service shall not materially interfere with the City's normal use of the Property.The City will not encumber its property for the benefit of the Lessee to provide these services. C.The City shall not be liable for any damages to any person or property,nor shall Lessee be relieved from any of its obligations under this Lease,as a direct or indirect result of temporary interruption in the electrical power provided to Lessee's Equipment Facility 8of35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 13. 14. 15. New Cingular Wireless LAG -22-002 Area where such interruption is caused by acts of nature or other acts beyond the City’s control.Under no circumstances shall the City be liable for indirect or consequential damages resulting from such an interruption. D.The City shall not be responsible for providing Lessee with any information relating to encumbrances on the Property,including,but not limited to setbacks,utilities or easements of any nature. E.Lessee may,if feasible and at its sole expense,install a backup generator in a location acceptable to the City,in order to provide electrical service to Lessee’s Equipment Facility Area during emergency situations where electrical power is not otherwise available.Any back-up generator must be so designed and operated as to not exceed local noise level standards of the applicable City of Renton ordinance or other applicable laws.Back-up generator and associated infrastructure shall be identified to Lessee’s plans and included as part of the initial design review. Compliance with Laws: A.Lessee shall,at all times and at its sole responsibility and expense,comply with all applicable statutes and ordinances,orders,guidelines,policies,directives,rules and regulations of municipal,county,state and federal governmental authorities or regulatory agencies (”Laws")relating to the construction,operation and/or maintenance of Lessee’s Equipment Facility Area and adjacent Antenna,including FCC regulations for compliance with limits on human exposure to radio frequency (RF)emissions.Lessee shall defend, indemnify and hold harmless the City and its employees and agents against any claims arising from any violations by Lessee,its agents or employees,of any such Laws.The indemnity provision of this paragraph shall survive the termination or expiration of this Lease. B.Lessee shall not use Lessee’s Equipment Facility Area for any illegal purposes or violate any applicable Laws,nor create or allow any nuisance or hazardous materials,nor trespass or do any act on the Property that would increase the insurance rates,nor deface,damage or overload the Property's structural components. Advertising Devices Signs &Lighting: A.Lessee shall not place any advertising devices on or about the Property. B.Lessee shall post and maintain on Lessee’s Equipment Facility Area appurtenant thereto a sign no larger than eighteen inches (18")square giving an emergency telephone number.No other signs are permitted on or about the Property.Excluded from this restriction are signs required by the FCC.At no time shall Lessee post any sign on the City's Property without the City's prior written permission. Installation,Maintenance,and Stewardship: 9of35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 16. New Cingular Wireless LAG -22-002 A.At the time of installation of Lessee’s equipment,Lessee shall paint the equipment to match the color of the existing surface.When new equipment is added or existing equipment is replaced,it shall be painted to match. B.The Lessee will not interfere with the City's use of the Property,nor will Lessee or the Lessee’s equipment create an electrical current or field that will damage the City's Property or communications equipment or capability. C.Lessee will not weld to the Property without the City's prior written consent. D.When the City determines that the Property is in need of repainting,the Lessee shall be responsible for all costs associated with preparing and painting all communication facilities (conduit,mounting points,antennas,etc.),preparing and painting the Property surfaces under communication facilities,and preparing and painting the surfaces from the point of the lowest mounted equipment to the top of the of where the equipment is mounted.The Lessee shall pay for costs incurred by the City including but not limited to engineering,and contract preparation and administration.Such costs will be paid within thirty (30)days following receipt of an invoice together with reasonable supporting documentation evidencing such costs. E.Prior to any operation in which earth,rock,or other material on or below the ground is moved or otherwise displaced to a vertical depth of twelve inches (12")or greater,Lessee must call an underground utility locating service to ascertain the existence of underground utilities. F.Lessee must comply with all provision of RCW 19.122 (Underground utilities). G.Lessee shall,at its own expense and at all times,keep Lessee’s Equipment Facility Area neat and clean and in a sanitary condition and keep and use Lessee’s Equipment Facility Area in accordance with all applicable Laws.Lessee shall permit no waste,damage or injury to Lessee’s Equipment Facility Area.Lessee shall make such repairs as are necessary to maintain Lessee’s Equipment Facility Area in as good a condition as exists on the date construction of Lessee’s Equipment Facility Area is completed,subject to reasonable wear and tear. H.The City shall have no obligation to maintain or safeguard Lessee’s Equipment Facility Area,except that the City shall not intentionally permit access to Lessee’s Equipment Facility Area to any third-party without the prior approval of the Lessee, except as otherwise provided in this Lease. I.If applicable,Lessee shall maintain the surrounding Equipment Facility Area landscape installed by Lessee pursuant to its permits for construction of Lessee’s Equipment Facility Area,in a manner and frequency consistent with the balance of the Property.Such tasks and frequencies shall be determined by the City of Renton Utility, following final design and landscape plan approval as required by any such permits. Hazardous Substances: 10 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 17. New Cingular Wireless LAG -22-002 A.Lessee shall not introduce or use any such substance on the Equipment FacilityArea in violation of any applicable law or regulation,nor shall Lessee allow any of its agents, contractors or any other person under its control to do the same. B.Lessee will be solely responsible for and willdefend,indemnify,and hold the City,its agents,and employees harmless from and against any and all direct claims,costs,and liabilitiesincluding reasonable attorneys‘fees and costs,arising out of or in connection with the cleanup or restoration of the property associated with Lessee's use,storage,or disposal of Hazardous Substances or the use,storage,or disposal of such substances by Lessee's agents,contractors,or other persons acting under Lessee's control. Repairs by the City;Inspection;Increased Maintenance Costs: A.The City shall have no duty to Lessee to make any repairs or improvements to Lessee's Equipment Facility Area except those repairs necessary for the safety of the Lessee.The City or its representatives shall be provided access to Lessee's Equipment Facility Area upon no less than twenty-four (24)hours’notice to Lessee. B.In the event that the presence of Lessee's Site Equipment on the Property or within Lessee’s Equipment Facility Area results in increased maintenance or repair costs to the City,Lessee shall,within thirty (30)calendar days of written notification by the City, which shall include documentation evidencing such increase as the result of Lessee's use, pay the City for the incremental maintenance or repair costs incurred by the City. C.Improvements by the City -relocation,moving etc. The City will from time to time need to make additional improvements,repairs and revisions to the utility site and Property.Except for emergencies as set forth above,the City will provide the Lessee with not less than 180 days’notice of major revisions and major improvements to be made by the City.Lessee shall remove and/or relocate its facilities at Lessee's cost and at no cost to the City.The Lessee must relocate by the date set in the Notice to Relocate or another mutually agreed upon date in writing.Lessee's failure to timely relocate per the notice or agreed date can result in Lessee paying for any and all damage and delay claims of the City or contractors of the City.Upon completion of such revisions and/or improvements,if possible,the Lessee may be allowed to will relocate its equipment back to Lessee's Equipment Facility Area.If the improvements, repairs and revisions are not compatible with the Lessee's Equipment in the Facility Area —the parties will work towards an agreed solution,if an agreed solution cannot be reached Lessee or the City may terminate the Lease upon thirty (30)calendar days’ notice to the other party and neither party shall have any further obligations or responsibilities under the Lease except removal of Lessee's Site Equipment and return of Lessee's Equipment Facility Area to its condition prior to installation of Lessee's Site Equipment or as otherwise agreed by the parties. 11 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 18. 19. 20. New Cingular Wireless LAG -22-002 Lessee's Sub-leasing &Assignment: A.Lessee may not sub—|ease or co«|ocate any other broadcast equipment within Lessee's Equipment Facility Area,without the City's prior express written consent. B.Assignment —Neither this Lease,nor any rights created by it,may be assigned,or transferred without the City's prior written permission.Any such assignment shall be in writing on a form approved by the City and shall include an assumption of this Lease by the assignee. C.Notwithstanding the foregoing,Lessee may assign its interest in this Lease, without the City’s consent,to any entity which controls,is controlled by,or is under common control with Lessee,or to any entity resulting from any merger or consolidation with Lessee,or to any partner or member of Lessee,or to any partnership in which Lessee is a general partner,or to any person or entity which acquires fifty one percent (51%)or more the ownership of Lessee or fifty—one percent (51%)or more of the assets of Lessee in the Seattle—Tacoma—EverettArea,or to any entity which obtains a security interest in a substantial portion of Lessee's assets;provided,that the assignment includes an assumption of all obligations of Lessee under this Lease by the assignee;and provided further,that Lessee shall provide the City with written notice of the assignment with an updated contact and billing address along with a copy of said written assignment and a copy of the Certificate of Insurance in the form required by Paragraph 25.,within thirty (30)calendar days prior to the effective date of the assignment.Any such assignment shall not serve to release Lessee from its obligations under this Lease,which shall remain in full force and effect for the duration of the Term. D.The City's consent to one assignment shall not waive the requirement of obtaining the City's consent to any subsequent assignment. The City's Sub-leasing &Assignment: A.Should the City sell,lease,transfer,or otherwise convey all or any part of the Property that is the subject of this Lease to any transferee other than Lessee,such transfer shall be subject to this Lease. B.Subject to Paragraph BA.and Paragraph 9.B.,the City retains the right to sublease or enter into any type of agreement for any portion of the Property for any reason, including but not limited to,co—|ocating wireless facilities. C.Subject to Paragraph 9A.and Paragraph 9.B.,the City retains the right to enter into other Leases with other Lessee's to co-locate within the Property, D.The City may transfer and assign its rights and obligations under this Lease and no further liability or obligation shall accrue against the City,provided that the assignee or transferee assumes,in writing,all of the City's obligations under this Lease,which shall remain in full force and effect. The City's Reservation of Right to Maintain &Grant Utilit3LFranchises&Permits: 12 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 21. New Cingular Wireless LAG -22-002 A.Subject to Paragraph 9.A and Paragraph 9.B,the City reserves the right for utility franchise,licensee and permit holders to enter upon the Property to maintain facilities and,for itself,to grant utility franchises,licenses and/or permits across the Property; provided,that such franchises,licenses,or permits do not materially interfere with Lessee’s authorized use of Lessee’s Equipment Facility Area.Such installation will be accomplished in such a manner as to minimize any disruption to Lessee.The franchise, license or permit holder will be required to restore paving,grading and improvements damaged by the installation. B.Lessee will not disturb markers installed by a franchise,license,or permit holder and will contact the franchise,license,or permit holder prior to any excavation in order that the franchise,license,permit holder may locate the utility.It is Lessee’s responsibility to protect legally installed underground utilities from damage caused by itself,its contractors,agents and invitees. C.Lessee must comply with RCW 19.122.030 (Notice of excavation to owners of underground facilities --One-number locator service ——Time for notice -—Marking of underground facilities —Costs)and must subscribe to the one-call locator service for the area in which the Property resides.Failure to comply constitutes material breach of this Lease. Improvements,Fixtures and Personal Property: A.Prior to installing any new equipment or other improvements in or on the Property after the Acceptance Date other than merely maintaining the Antenna configuration identified on Exhibit D,and prior to making any material changes in such equipment or in the exterior appearance,size or design of any such equipment or the improvements of the Property thereafter during the term of this Lease,including any Renewal Period, Lessee shall submit to the City for approval such information regarding the proposed work as the City may request,including,without limitation,plans and specifications of the planned modifications and Lessee’s critical path time schedule,for the City's written approval (at the City's discretion,the City may require an addendum to this agreement and monthly rental adjustment for the project).Prior to commencing construction activities on the Equipment Facility Area,Lessee shall secure approval of a work schedule by the City and all necessary permits and approvals.During any construction activities by Lessee at the Property,representatives of the City shall have the right to inspect any and all improvements and to require reasonable revisions to ensure that the respective uses of the Property and Equipment Facility Area are compatible.Notwithstanding the foregoing,maintenance,repairs,like-kind or similar replacements of equipment and modifications made within the interior of any shelters or base station equipment shall not be considered ’’material changes’'. B.The City may at any time,go upon the Property to inspect any work done by Lessee to insure compliance with the approved plans and specifications,to require reasonable revisions to ensure that the respective uses of the Property are compatible or otherwise. 13 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 22. 23. New Cingular Wireless LAG -22-002 Further,this right shall not impose any obligation upon the City to make inspections to ascertain the safety of Lessee's improvements or the condition of the Leased Property. Destruction of or Damage to Property,Equipment Facility Area or any Site Structures: A.If the Property,Equipment Facility Area,or any structure on the Property is destroyed or damaged by fire or casualty so as to render the Property and/or Equipment Facility Area wholly unfit for use by the Lessee,and if in the reasonable judgment of the City the damage cannot be repaired within ninety (90)calendar days following the date of such damage,either party may terminate this Lease upon written notice to the other party,and this Lease shall terminate on the date of such notice and Lessee shall surrender Lessee's Equipment Facility Area to the City within ninety (90)calendar days.Within fifteen (15)calendar days after such damage,the City shall notify Lessee as to whether the City expects to complete such repair within ninety (90)calendar days.If Lessee's Equipment Facility Area is damaged by fire or casualty,but not rendered wholly unfit for use,Lessee may elect promptly to repair such damage.The City shall not be liable to Lessee for any indirect or consequential damages including but not limited to inconvenience,annoyance,or loss of profits,nor for any expenses,or any other damage resulting from the repair of such damage,or from any repair,modification,arranging,or rearranging of any portion of the Property or Equipment Facility Area for the termination of this Lease as provided herein. B.In the event the Property and/or Equipment Facility Area will be rebuilt and/or repaired as outlined above,the City shall consider other temporary locations on the Property at the City's sole discretion.If both the City and Lessee approve an area,Lessee may construct,operate and maintain,at its sole expense,a substitute wireless communication facility on the Property until the Site Equipment is fully restored and operational.During the use of the temporary location,Rent shall continue and be payable to the City. Condemnation: If all or any portion of the Property or Lessee's Equipment Facility Area shall be taken or condemned for any public purpose such that the Lessee cannot use its Site Equipment on Lessee's Equipment Facility Area,either party may terminate this Lease.Allproceeds from any taking or condemnation of the Site or Equipment Facility Area shall belong and be paid to the City.Lessee shall have all rights to its Site Equipment and personal property, which shall not be included in any taking or condemnation.Lessee shall also have the right to claim and recover from the condemning authority any amounts recoverable by Lessee on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment,personal property,equipment,and leasehold improvements. 14 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 24. 25. New Cingular Wireless LAG -22-002 Fixtures: The City agrees that,notwithstanding any provision of statutory or common law,the Site Equipment and any other Lessee improvements to Lessee’s Equipment Facility Area, including but not limited to personal property,shall not become affixed to or a part of the Property or any structure on the Property,but shall remain the exclusive property of the Lessee.The City and its employees and agents,shall not be liable in any manner for,or on account of,any loss or damage sustained to any property of whatsoever kind stored,kept or maintained in or about the Property,except such claims or losses that may be caused by the City or it agents or employees.Lessee agrees to save the City and its employees and agents harmless on account of any claims or liens imposed upon the Site or Equipment Facility Area in connection with alterations or improvements thereto, conducted by Lessee or on behalf of Lessee. Insurance: A.Lessee shall secure and maintain,at its sole cost and expense,Commercial General Liability insurance with minimum policy limits of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.It is agreed that on the Lessee’s commercial general liability policy,the City will be named as an Additional Insured on a non-contributory primary basis.The City's insurance policies and self-insurance shall not be a source for payment of any Lessee liability nor Lessee’s property loss or damage. C.Subject to the City's review and acceptance,a current certificate of insurance with the "City of Renton”named as the certificate holder,showing the minimum proper endorsements,shall be delivered to and accepted by the City before executing the work of this Agreement.An updated certificate shall be promptly provided to the City upon any policy expiration for the duration of the work. D.Lessee shall provide the City with written notice of any policy cancellation,within two (2)business days of their receipt of such notice. E.The City does not represent that the minimum required insurance or insurance limits are adequate to cover all potential claims,related claim costs,or property losses. F.The City may require increases in said coverage’s by written notice to Lessee,as the City deems reasonably necessary. G.The Certificate of Insurance attached in Exhibit G The certificate holder and should read: City of Renton ATl‘N:Jeffrey Minisci,Facilities Director RE:LAG-22-002 1055 South Grady Way 15 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 26. 27. New Cingular Wireless LAG -22-002 Renton,WA.98057 Direct any questions,comments,or concerns to: Kelsey Urban,Risk Manager 425.430.7669 —direct 425.430.7665 —fax kurban@rentonwa.gov Hold Harmless: The City and its elected officials,officials,employees,agents and volunteers shall not be liable for injury or damage to any persons or property,Lessee’s Equipment Facility Area, or for any injury or damage to persons or property resulting from the installation, operation or maintenance of the Lessee’s equipment on the Property.The Lessee shall protect,defend,indemnify and save harmless the City,its elected officials,officers, employees,agents and volunteers from any and all costs,claims,demands,causes of action,judgments,liabilities,obligations,costs and expenses (including reasonable attorneys’fees)for deaths or injuries to persons or for loss of damage to property, negligent acts or omissions of Lessee arising out of,or in any way connected with,the use and occupancy of the Property by Lessee,its officers,employees,agents,volunteers and independent contractors,and invitees,and assigns.This indemnity shall further apply to test or other actions of Lessee at the Property during the term of this Lease.Finally,all obligations of Lessee,under this indemnity shall survive and remain enforceable after the expiration or earlier termination of this Lease.Notwithstanding the foregoing,Lessee’s indemnity to the City and its employees and agents shall not include instances where any injury or damage to persons or property and/or any and all claims,demands,causes of action,judgments,liabilities,obligations,costs and expenses (including reasonable attorneys’fees)for deaths or injuries to persons or for the loss or damage to property, are the result of the negligence or willful misconduct of the City or its employees,agents, independent contractors,invitees,assigns and subtenants. Performance Bond: A.Lessee shall furnish a surety bond or bonds,attached to this Lease as Exhibit F, attached and fully incorporated in this Agreement by reference,covering faithful performance of this Lease and payment of all obligations arising there under,including but not limited to proper construction,|ong—term facility maintenance,rent,timely removal of equipment and restoration.The bond shall be in the amount of 1 Thousand Dollars {$30 0001and be in-force during the entire term or subsequent extensions.The bond shall be in a form acceptable to the City.The performance bond for this Lease shall not only indemnify the City for the usual performance provisions of this Lease,but in addition shall be a bond to guarantee payment of any and all tax liability of any type,kind,nature or description due as a result of this Lease.The bond shall also guarantee the removal of Lessee’s Site Equipment and return of Lessee’s Equipment Facility Area to its condition prior to installation of Lessee’s Site Equipment should Lessee 16 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 28. 29. 30. New Cingular Wireless LAG -22-002 fail to remove said equipment upon termination of the Lease.Said performance bond shall be issued to the City prior to the issuance of any permits for the construction of its facilities on the leased property and shall include a 90-calendar clay cancellation clause. Prior to City accessing the bond,it shall first give Lessee written notice of its intention to do so and with that notice shall provide to Lessee written documentation to Lessee of the loss,damage or expense for which City seeks compensation from the bond.If the City so uses or applies any portion of the performance bond,Lessee shall,upon notice, restore the performance bond to the full amount above specified. B.If Lessee has entered into a separate lease with the City for other City property, the City will consider permitting Lessee to expand Lessee’s existing performance bond to include all obligations for a performance bond under this Lease,provided however,all requirements for the performance bond outlined in this Lease are met. Nondiscrimination: Lessee,for itself,its successors,and assigns as a part of the consideration,does covenant and agree to comply with all civil rights and anti-discrimination requirements of federal, state or local laws applicable to the Property,including,without limitation,RCW 49.60 (Discrimination —Human rights commission) Performance by Lessee: If Lessee defaults in the performance or observation of any covenant or agreement contained in this Lease beyond all applicable notice and cure periods,the City,without notice if deemed by the City that an emergency exists,or if no emergency,with thirty (30) calendar days’notice,may direct Lessee to stop work and may itself perform or cause to be performed such covenant or agreement and may enter upon the Property for such purpose.Such an emergency shall include,but not be limited to,endangerment of life, the Property,or failure of Lessee to obtain in a timely manner any insurance.Lessee shall reimburse the City the entire cost and expense of such performance by the City within thirty (30)calendar days of the date of the City's invoice together with reasonable supporting documentation evidencing such cost and expense.Any act or thing done by the City under the provisions of this paragraph shall not be construed as a waiver of any agreement or condition or performance required under this Lease. Restoration of Site by Lessee and Removal of Equipment: Upon the expiration or prior termination of this Lease,Lessee shall restore Lessee’s Equipment Facility Area to equal to or better than its condition prior to Lessee’s occupancy,including removal of Lessee’s personal property/equipment,excluding reasonable wear and tear and insured casualty.This work is to be done at Lessee’s sole expense and to the City's reasonable satisfaction. 17 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 31. 32. 33. 34. New Cingular Wireless LAG -22-002 Vacation of Leased Premises: Upon termination of this Lease,Lessee shall cease its operations on and/or use of Lessee’s Equipment Facility Area.In the event Lessee fails to vacate Lessee’s Equipment Facility Area from the Property within sixty (60)calendar days of the date of termination,it shall be liable for any and all costs to the City arising from such failure. Eguipment Design: A.The Site Equipment,described in Exhibit D,used within the Property shall be designed,sited and screened as described in Exhibit D. B.The City retains the right to review and approve the design and type of materials used to construct the structure within Lessee’s Equipment Facility Area to ensure it meets the City's needs within the Property.Lessee shall provide an as-built drawing of Lessee’s Equipment Facility Area and Site Equipment to the City within fourteen (14)calendar days of completing the installation. C.Upon request by the City,Lessee shall install all underground conduits,including but not limited to power and telephone.Lessee shall be responsible for coordination with other lessees on the Property to accommodate underground installation. Eguipment Modification: If at any time during the term of this Lease,either party believes that technology has changed such that modifications to or replacement of the Site Equipment would result in better communications facilities for Lessee,less interference with other communications facilities on the Property,or less physically or aesthetically obtrusive equipment,the parties shall make every reasonable effort to cooperate to effectuate such modifications or replacement. Utility Review of Plans &Approval of Contractors: Lessee acknowledges the following: A.The execution of this Lease by the City shall in no way constitute review and/or approval by other applicable jurisdictions and permitting authorities. B.The City retains authority for further review,modification,and approval of the Site Equipment throughout the City's permit process. C.This Lease shall be executed after any right-of-way,and/or franchise agreement but prior to application for any other city permits for wireless communications facilities placement. D.A fully executed Lease between the City and Lessee,and any required permits are required prior to construction or installation of the Site Equipment on the Property. E.Lessee shall submit plans and specifications and structural analysis of the planned installation for the City's evaluation and approval. 18 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 35. 36. 37. 38. New Cingular Wireless LAG -22-002 F.Lessee expressly acknowledges and agrees that the City's rights under this Lease to review,comment on,disapprove and/or accept designs,plans,specifications,work plans,construction,equipment,and/or installation,(i)exist solely for the benefit and protection of the City and its employees and agents,(ii)do not create or impose upon the City,and its employees and agents any standard or duty of care toward Lessee,all of which are disclaimed,(iii)may not be relied upon by Lessee in determining whether Lessee has satisfied any and all applicable standards and requirements,and (iv)may not be asserted,nor may the exercise or failure to exercise any such rights by the City and its employees and agents,be asserted,against the City and its elected officials,officers, employees,agents,and volunteers by Lessee as a defense,legal or equitable,to Lessee’s obligation to fulfill such standards and requirements,notwithstanding any acceptance of work by the City and its employees and agents. Modifications: This instrument contains all the agreements and conditions made between the Parties and may not be modified orally or in any manner other than by an agreement in writing signed by the Parties.No failure on the part of either party to enforce any covenant or provision herein contained,nor any waiver of any right under this Lease,unless in writing, shall discharge or invalidate such covenant or provision or affect the right of the either party to enforce the same in the event of any subsequent breach or default. Broker's Fee Bourne solely by Lessee: lf Lessee is represented by a real estate broker or other agency in this transaction,Lessee shall be fully responsible for any fee due such broker,and shall hold the City and its employees and agents,harmless from any claims for a commission. Cooperation in Execution of Subseq_uent Documents: The City and Lessee agree to cooperate in executing any documents (not including a Memorandum of Lease)necessary to protect the rights granted by this Lease to the City and Lessee. Termination: A.Waiver or acceptance by the non-defaulting party of any default by the defaulting party of the terms of this Lease shall not operate as a release of the defaulting party's responsibility for any prior or subsequent default. B.The City shall have the right to terminate this Lease immediately,upon written notice,if a receiver is appointed to take possession of Lessee's assets,Lessee makes a general assignment for the benefit of creditors,or Lessee becomes insolvent or takes action under the Bankruptcy Act. 19 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) C. New Cingular Wireless LAG -22-002 The City shall have the right to terminate this Lease,upon thirty (30)calendar days’ written notice to Lessee,without penalty or further liability to City,upon the occurrence of any D. the Cit of the following events: 1.The City determines that Lessee's exercise of its rights under this Lease interferes with the City's use ofthe Property and/orthe structures on the Property for the lawful municipal purposes for which the City owns and administers such structures/site. 2.The City determines that Lessee's exercise of its rights under this Lease interferes with the use of the Property by a governmental agency with which the City has an agreement to provide services to the City,e.g.Valley Communications (911).City will not exercise this right until it provides notice of interference and provides Lessee with the opportunity to cure such interference pursuant to the terms set forth in Paragraph 10 above. 3.Lessee defaults in the performance of any material term or provision of this Lease that is not cured within thirty (30)days following receipt of written notice of such default.If a non-monetary default cannot reasonably be cured within a 30-day period,this Agreement may not be terminated if Lessee commences action to cure the default within the 30~day period and proceeds with due diligence to fully cure the default. 4.The Property is destroyed or damaged so as to substantially and adversely affect the effective use by Lessee for Lessee's equipment,subject to the Lessee's determination (within ten (10)calendar days)of whether the equipment can be restored or rebuilt.Lessee shall have the option of installing a temporary facility while the above determination is made.Such facility shall be subject to prior review by the City and shall conform to all codes,facility review,and Laws imposed by any regulatory agency with jurisdiction in the matter.Payment of the monthly rent shall continue throughout the evaluation and temporary installation period. Lessee may terminate this Lease upon thirty (30)calendar day's written notice to y,without penalty or further liability to City,without penalty of further liability as follows: 1.The approval or consent of any governmental authority necessary for the construction and/or operation of the Site Equipment is withheld,revoked or terminated,or Lessee determines,in its sole discretion,that the cost of obtaining or retaining such approval is cost prohibitive;or 2.Lessee at any time determines in its sole discretion that it desires to discontinue use of Lessee's Equipment Facility Area for any reason;or 3.The City defaults in the performance of any material term or provision of this Lease that is not cured within thirty (30)days following receipt of written notice of such default.If a non-monetary default cannot reasonably be cured 20 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 39. 40. 41. 42. New Cingular Wireless LAG -22-002 within a 30-day period,this Agreement may not be terminated if City commences action to cure the default within the 30-day period and proceeds with due diligence to fully cure the default. E.Either party may terminate this lease with 180 days’written notice to the other party without cause and for any reason. F.Upon termination under paragraph 38,neither party will owe any further obligation to the other party provided that Lessee is not in arrears in making its Monthly Rent payments;provided however that Lessee shall remove its Site Equipment and restore the site,and provided that,if Lessee terminates this Lease pursuant to Paragraph 38.D.2.,Lessee shall pay the City a sum equal to six (6)months‘rent as the City's sole remedy for such termination;and provided if the City terminates this Lease pursuant to Paragraph 38.C.1 or C.2,or E,the City may ,at Lessee’s option,attempt to find alternative sites on other city property in order to allow Lessee to continue to provide service within the City Non-applicability of Relocation Benefits: Lessee acknowledges that the signing of this Lease does not entitle the Lessee to assistance under RCW 8.26 (Relocation Assistance -Real Property Acquisition Policy). Removal of Site Equipment upon Termination of Lease: Upon the expiration of the Term of this Lease or upon the termination of this Lease pursuant to Paragraph 38,Lessee shall remove all the Site Equipment from Lessee’s Equipment Facility Area unless otherwise agreed by the Parties;provided that,at the City's sole option,such Site Equipment shall become the property of the City. Titles: The titles to sections and paragraphs of this Lease are for convenience only and shall have no effect on the construction or interpretation of any section or paragraph. Notices and Emergency Contact Information: A.Except as otherwise designated in this Lease,all notices must be in writing and shall be deemed valid given if sent by certified mail,return-receipt requested,or overnight delivery,addressed as follows or as otherwise specified by the City during the duration of this Lease: Lessor:City of Renton Facilities Division —Public Works RE:LAG—22-002 1055 South Grady Way Renton,Washington 98057 Attn:Facilities Director 21 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) With a copy to: Lessee: With a copy to: New Cingular Wireless LAG -22-002 City of Renton City Clerk RE:LAG-22-002 1055 South Grady Way Renton,Washington 98057 New Cingular Wireless PCS,LLC Attn:Network Real Estate Administration Re:Cell Site #:SD2453;Cell Site Name:Sunset Replacement (WA) Fixed Asset #:14912126 1025 Lenox Park Blvd NE,Third Floor,Atlanta,Georgia 30319 New Cingular Wireless PCS,LLC Attn:Legal Dept —Network Operations Re:Cell Site #:SD2453;Cell Site Name:Sunset Replacement (WA) Fixed Asset #2 14912126 208 S.Akard Street,Dallas,TX 75202-4206 B.Emergency Contact information: This information is to be kept up to date by the parties for Emergency use and not for official notice: Lessor: Lessee: City of Renton Name:George Stahl —Water Maintenance Manager Address:3555 NE 2"“Street Renton WA 98056 Phone Number:On call Number 425-766-3838 425-430-7400 (office) 425-766-6180 (cell) Email:gstahl(ZDrentonwa.gov New Cingular Wireless PCS,LLC Name:Network Operations Center Address:1025 Lenox Park Blvd NE Third Floor Atlanta,Georgia 30319 Phone Number:On call Number (800)832-6662 Email:d|eastRRC@att.com (Emergency Distribution List) 22 of35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) 43. 44. 45. 46. 47. 48. 49. New Cingular Wireless LAG -22-002 Complete Agreement: This Lease and any attached exhibits constitute the entire agreement between the City and Lessee;no prior written or prior,contemporaneous or subsequent oral promises or representations shall be binding except that any subsequently adopted city policies and procedures for telecommunications/communicationslease agreements and final permits shall be binding on the Parties. Amendments Except as otherwise be provided,this Lease shall not be amended or changed except by written instrument signed by both Parties. Executed in Counterparts: This Lease may be executed in any number of counterparts,each of which shall be an original,but all of which together shall constitute but one instrument. Governed by Laws of State of Washington;invalidity of Provisions: This Lease shall be governed by the laws of the State of Washington.If any term or provision of this Lease,or application thereof shall to any extent be invalid or unenforceable,the remainder of this Lease shall not be affected thereby,but shall be valid and enforced to the fullest extent permitted by law. 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,Washington. Binding on Successors: This Lease shall be binding upon and inure to the benefits of the Parties’heirs,executors, administrators,successors and assigns,subject to the conditions set forth in Paragraph 18 herein. Failure to Insist upon Strict Performance: The failure of either party to insist upon strict performance of any of the terms or conditions of this Lease shall not constitute a waiver. IN WITNESS WHEREOF,the Parties have entered into this Agreement effective as of the date last written above. ***SIGNATURES ON FOLLOWING PAGE*** 23 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) CITYOF RENTON Name:Armondo Pavone Title:Mayor Date: Attest: Jason Seth,City Clerk Approved as to form: Shane Moloney,City Attorney (c|b 10-2921 1390) LESSEE: New Cingular Wireless PCS,LLC, a Delaware limited liability company By:AT&T Mobili orporati Its:Manager 75.Signature:._ Printed Name:WxneWooten Date:I’Zr!-2% 24 of 35 New Cingular wireless (AT&T)Highlands Cell Lease New Cingular Wireless LAG -22-002 AGENDA ITEM #6. i) New Cingular Wireless LAG -22-002 City of Renton Title: STATE OF WASHINGTON ) )SS COUNTYOF On this day of ,20 ,before me,the undersigned, a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared Armondo Pavone me known to be the Mayor of the City of Renton,and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that he was authorized to execute said instrument on behalf of said IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLICin and for the State of Washington,residing at My Appointment Expires: Name:New Cingular Wireless PCS,LLC 25 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) New Cingular Wireless LAG -22-002 Title: STATE OF OREGON ) )SS COUNTYOF WASHINGTON ) .1‘ On this 947’day of %i/luau/n,20%,before me,the undersigned,a Notary Public in and for the State Oregon,duly commissioned and sworn, personally appeared Wayne Wooten to me known to be the Director of New CingularWireless PCS,LLC,and acknowledged the said instrument to be the free and voluntary act and deed of said Director .,Wayne Wooten ,for the uses and purposes therein mentioned,and on oath stated that s/he was authorized to execute said instrument on behalf of said New Cingular Wireless PCS,LLCan AT&T Wireless Mobility .Corp. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Uwmpjl/swam OFFICIAL STAMP KJUDITHMULLW(Sig ature of Notary) NOTARY PUBLIC-OREGON _ COMMISSIONNO 937715 Judith Mullen MY COMMTSSION EXPIRES MAv1B.2023 (Print or Stamp name of Notary) NOTARY PUBLICin and for the State of Oregon, residing at Tualatig ,QR My Appointment Expires:5[16[2023 26 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) New Cingllar Wireless LAG —22-002 EXHIBITS 0 EXHIBITA —LEGALDESCRIPTIONOF HIGHLANDSRESERVOIRSITE PROPERTY. EXHIBITB —LESSEE'SEQUIPMENTFACILITYAREA EXHIBITC —NON-EXCLUSIVEACCESS RIGHTSTO PROPERTY DESCRIPTION EXHIBITD -LESSEE'SSITE EQUIPMENT EXHIBITE -LEASEHOLDEXCISETAX EXEMPTION IF APPLICABLE EXHIBITF —PERFORMANCE BOND I EXHIBITG -INSURANCECERTIFICATE 27 of 35 New Cingular Wireless (AT&T)Highlands Cell Lease AGENDA ITEM #6. i) EXHIBIT"A” LEGALDESCRIPTION CITYOF RENTON HIGHLANDSRESERVOIRSITE THE EAST HALFOF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTEROF THE SOUTHEAST QUARTEROF SECTION4,TOWNSHIP 23 NORTH,RANGE5 EAST,W.M.,IN KING COUNTY,WASHINGTON;EXCEPTTHE SOUTH 30 FEETTHEREOFFOR STREETRIGHT—OF—WAY; SITUATE IN THE CITYOF RENTON,COUNTY OF KING,STATE OF WASHINGTON KING COUNTYASSESSOR’STAX PARCELNO.0423059186 28 of 35 AGENDA ITEM #6. i) EXHIBITB Lessee’:Equipment Facility Area .PAECEL ID:ozaosvou:'PARCEL ID:I‘Mac‘D‘1 zouzo:n~Io «042805907-I7-/amonnsc I I,IONS); 1 22::i I H %.__.,,__m..m..m....—--~——:—-j—-\I uncam;l N F nncauo: vrulnooas .ovnszoms I zonzn:I :5 zoum:no I I ‘, ‘M r—————I—. nae EL ID:I j ’macs».ID‘.rrauooosa I ovusauom V Iona):|I‘20945:): sun I I __n-a ——FAI?cB.D:cI.I2:0svIB6 ''‘ ~- I_ V ,.A.cE_,9:mum::40 N1 "Gen ‘D:,-rsnoouu I ,I °,"w°°,5zoumc'u I ZONE:“sun V I ,4 I _ i # Z '':3 "’-‘’: “VCR '31 §'IE 'PARCEL ID:T7:ol000J0 5|5 I avusooceo - ZONE:5,‘.ZONE): R40 E.n‘‘’HI-I p..;ee;..=7 ‘I I ',,:cE;;— "”°'°°°‘5 ''"°""'.'o:nsoooa$‘ zouen:,I mm”._ _1-I0”__PROPOSHDATBJ I ‘,4 ' "WED:PR°JECT;s$vLAur "— '‘‘ 773¢|ooo4¢uarauoauunc * ZONED:0““E,A_,_.I l wmcai.ID. ovnsooovo ‘ __"'°_zen: n-a nncaunz 1*"~— 2-rulooosu ,,,,¢E,_u,: z°"9°3 an-I mum:I ‘rm Isooovs D-I0 ma-nun:-an 'gang); ‘_, 7 i n-a PAHCEJD:I I j “’”: 7754100055 ' ZONED:I wuacu.ID: ovnsooma a ZONED: I 2-: _' 4.,__ f V !-e»:I1)-|n\'l7r- NE 12THST ”‘—:""-~.~~-—A-I ————w PARCEL ID:PARCEL 113:}2 ,.PAICEL Io:‘PAIGE.ID:PARCEL ID: 092305415:992305717;‘Ia ow:-sosvim V ovzsoseuas “Q3000”zones:‘zones:L»,zonm:‘zoueo: ‘zona- nn \-5 V In \-F §In \-r ‘ III I-'I4! :I 29of35 AGENDA ITEM #6. i) EXHIBIT"C" Non-Exclusive Access Rights Description CITYOF RENTON HIGHLANDSRESERVOIRSITE In general: The access to the AT&T Mobility ground equipment pad /lease area (11’x 15')will require access into the City's reservoir site through a gated and locked driveway along NE 12"‘St.To access the equipment pad and the antennas,AT&T Mobility authorized personnel must contact the City's Water Maintenance Department at 425-430-7400 during normal business hours and on weekdays.City personnel will open the gate for AT&T Mobility to access to the equipment pad and will provide access to the reservoir ladder. Please note there is no work allowed on the reservoir during non-business hours and weekends and holidays,unless there is an emergency.In an emergency,AT&T Mobility will have to call 911 and ask that the City of Renton Water Utility's on-call personnel respond to the emergency in order to provide access to the reservoir ladder. 30 of 35 AGENDA ITEM #6. i) EXHIBITD LESSEE'SSITE EQUIPMENT Water Tank Mounted Equipment Item Description Make Model Quantity Panel Antennas Commscope NNH4—65C—R6—V3 6 Remote Radio Head Airscale Dual RRH4T4R B12/14320W AHLBA 3 Remote Radio Head Airscale Dual RRH4T4R B25/66320W AHFIB 3 Remote Radio Head Airscale RRH 4T4R BS 160W AHCA 3 Remote Radio Head AirScale RRH 4T4R B30 100W AHNA 3 Surge Suppressor Raycap DC9—48—60-24-8C—EV 2 Fiber Trunk Rosenberger FB—L98B—0O9—5000O 2 DC Cable Trunk Rosenberger WR-VG86ST—BRD 4 Ground Equipment Item Description Make Model Quantity Shelter (WIC)Vertiv XTE802 Series 1 Generator Polar 8220-100-D—20—O3(125 Gallon Tank)1 Generator Battery 1 Back Up Batteries 12 Grounding 31 of 35 AGENDA ITEM #6. i) EXHIBITE LEASEHOLDEXCISETAX EXEMPTION IF APPLICABLE New Cingular Wireless agrees to pay Leasehold Excise Tax directly to the State of Washington and not through the City. Not Applicable. 32 of 35 AGENDA ITEM #6. i) EXHIBITF PERFORMANCE BOND BOND TO THE CITYOF RENTON CITYOF RENTON HIGHLANDSRESERVOIRSITE KNOW ALLMEN BYTHESEPRESENTS: That we,the undersigned as principal,and corporation organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations,as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum of Thirty Thousand and No/100dollars (S 30,000.00)for the payment of which sum on demand we bind ourselves and our successors, heirs,administrators or person representatives,as the case may be. This obligation is entered into pursuant to the statutes of the State of Washington,the Ordinance ofthe City of Renton. Dated at ,Washington,this day of ,20 Nevertheless,the conditions of the above obligation are such that: WHEREAS,under and pursuant to Lease Agreement LAG—The principal/lessee is required to finish a bond for providing for construction,maintenance and removal of telecommunications facility located at 3410 NE 12"‘St,Renton,Washington,commonly referred to as Highlands Reservoir site NOW,THEREFORE,this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: o Faithfully performs all provisions of the lease,including but not limited to construction, maintenance and removal of telecommunications equipment and facilities and changes to such equipment and facilities authorized by Owner in the manner and within the time specified as may be extended under the lease; 0 Indemnifies and holds Owner,its officers,and agents harmless from and against all claims, liabilities,causes of action,damages,and costs for such payments for labor,equipment,and materials by satisfying all claims and demands incurred under the lease,and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal. No change,extension of time,alteration,or addition to the terms of the lease or to the Work 33 of 35 AGENDA ITEM #6. i) to be performed under the lease shall in any way affect Surety's obligation on the Performance Bond.Surety hereby waives notice of any change,extension of time,alteration,or addition to the terms of the Contract or the Work. This Contract Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County,Washington. IN WITNESS WHEREOF,the parties have executed this instrument in two (2)identical counterparts this day of ,20 Principal Surety Signature Signature Title Title Name and address of local office of agent and/orSurety Company: 34 of 35 AGENDA ITEM #6. i) EXHIBITG INSURANCECERTIFICATE 35 of 35 AGENDA ITEM #6. i) AGENDA ITEM #6. i) AGENDA ITEM #6. i) AB - 3063 City Council Regular Meeting - 07 Feb 2022 SUBJECT/TITLE: Amendment #2 to WRIA 8 Chinook Salmon Conservation Plan Interlocal Agreement for 2016-2025 RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Kristina Lowthian, Surface Water Utility Engineer EXT.: 7249 FISCAL IMPACT SUMMARY: Renton’s cost share contribution for 2022 for the Water Resource Inventory Area (WRIA) 8 interlocal agreement (ILA) CAG-15-196 is $21,007 without the City of Everett as a participating member to the ILA. Everett’s contribution as a participating member and cost-share partner to the WRIA 8 ILA will reduce Renton’s cost share contribution by $297, to $20,710. SUMMARY OF ACTION: Council ratified the interlocal agreement (ILA) CAG-15-196 for 2016 – 2025 between the city and 27 other participating jurisdictions within the Water Resource Inventory Area (WRIA) 8 in 2015. The purpose of the ILA is to continue the collaborative implementation of the WRIA 8 Chinook Salmon Conservation Plan (Plan) written in response to the Endangered Species Act 1999 listing for Chinook salmon. The WRIA 8 Salmon Recovery Council produced the Plan over a 5-year period (2001-2005) with representatives from stakeholder groups including cities, counties, environmental groups, business groups, state agencies, and citizens. The Plan was updated in 2017. The ILA funds staff resources for coordination and grant management and other resources associated with implementing the Plan. WRIA 8 members have implemented actions, projects, and activities to protect, improve and restore salmon habitat. Each jurisdiction in WRIA 8 contributes a share of funding based upon the average of the jurisdiction’s population, assessed value, and area within the WRIA, which could change over time. The City of Everett, currently a non-member, intends to participate as an ILA member and cost-share partner starting in 2022. The City of Renton’s cost share contribution would decrease by a nominal amount as a result. All participating WRIA 8 ILA members must sign the amendment to establish the City of Everett as participating ILA member and cost-share partner. EXHIBITS: A. Addendum to WRIA 8 Interlocal Agreement STAFF RECOMMENDATION: Approve the addendum to establish the City of Everett as an ILA member and cost -share partner to fully fund the implementation of the WRIA 8 Chinook Salmon Conservation Plan. AGENDA ITEM #6. j) 1 ADDENDUM TO 2 INTERLOCAL AGREEMENT 3 For the Watershed Basins within Water Resource Inventory Area 8 (“WRIA 8”) 4 5 PREAMBLE 6 THIS ADDENDUM ("Addendum") to that certain lnterlocal Agreement for the Watershed Basins 7 within Water Resource Inventory Area 8 ("Agreement'') is entered into by the Parties to that 8 Agreement and the City of Everett ("City"), for the purposes of allowing the City to become a 9 member, with full rights and obligations under the Agreement, of the WRIA 8 Salmon Recovery 10 Council, as described in the Agreement ("Council"). This Addendum sets forth the rights and 11 obligations of the City and memorializes the unanimous consent of all Parties to the Agreement to 12 the City's joining the Council as a voting member, in accordance with the terms of Section 8 of 13 the Agreement. The City is identified in Section 1.1 of the Agreement as an eligible jurisdiction for 14 participation in the Council. The Parties and the City share interests in and responsibility for 15 addressing long-term watershed planning and conservation for the watershed basins in WRIA 8 16 and wish to provide for funding and implementation of various activities and projects therein. 17 18 TERMS FOR THE CITY OF EVERETT'S PARTICIPATION IN THE COUNCIL 19 20 1. The City of Everett's legislative authority, by City Council Action, has authorized the City's 21 becoming a member of the WRIA 8 Salmon Recovery Council in accordance with the terms of the 22 Agreement and has authorized the City's appointed representative (Mayor) to sign this 23 Addendum on behalf of the City. 24 2. In order to become a voting member of the WRIA 8 Salmon Recovery Council, the City of Everett 25 and the Parties agree to the following conditions: 26 2.1. The City's annual cost share contribution for 2022 is projected to be $8,447 for the 27 programs and activities of the Council, which is subject to change for 2022 and future 28 years based on changes in one or more parameters of the formula, or by agreement of 29 the parties, including Everett, changing the total dollar amount of the assessment to be 30 collected. The City's cost share is based on the portion of the City that falls within the 31 geographic boundary of WRIA 8, including a population of 32,846 (1.96% of the 32 watershed), assessed value within the City of $4,850,621,800 (0.86% of the watershed), 33 and an area in square miles of 5.2 (1.10% of the watershed). 34 2.2. For the City to become a member of the Council, all existing members must unanimously 35 express their consent to the City's becoming a member. The City becomes a member of 36 the Council on the date when this Addendum is last signed by the Party representing the 37 final signature of unanimity. The date of such signing shall be the effective date of this 1 Addendum to WRIA 8 ILA 2016-2025 September 2021 AGENDA ITEM #6. j) 20 Addendum. Representatives of the Parties shall sign this Addendum after the City has 21 signed it in accordance with the provisions of Section 1 above. 22 3. Upon the effective date of this Addendum, the City of Everett shall be a member of the Council, 23 and shall have all the rights, privileges, duties, and obligations afforded the Parties under the 24 terms of the Agreement. 43 44 IN WITNESS WHEREOF, the City of Everett and the Parties have executed this Addendum on the dates indicated below: 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 2 Addendum to WRIA 8 ILA 2016-2025 September 2021 AGENDA ITEM #6. j) 75 City of Renton 76 77 By: 78 79 Title: 80 81 Date: 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 3 Addendum to WRIA 8 ILA 2016-2025 September 2021 AGENDA ITEM #6. j)