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Final Agenda Packet
CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, February 27, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADMINISTRATIVE REPORT a) Administrative Report 4. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed three minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 5. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of February 13, 2023. Council Concur b) AB - 3289 Executive Services Department requests authorization to execute the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) contract E23-151, in order to accept $63,547 in grant funds for use in support of Emergency Management. Refer to Finance Committee c) AB - 3293 Executive Services Department recommends approval of Amendment No. 3 to CAG-17-227, with Axon Enterprises, Inc., in the amount of $275,000, for the provision of two additional services: 1) Axon Automatic License Plate Recognition (ALPR) System, and 2) Axon My90 - a tool that obtains feedback from members of the community and police staff and officers. Refer to Finance Committee d) AB - 3290 Finance Department recommends approval of an agreement with SoftResources, LLC, in the amount of $112,800, for the Enterprise Resource Planning (ERP) Software selection consulting services for replacement of the City’s current ERP system. Refer to Finance Committee e) AB - 3291 Police Department recommends approval of the First Amendment to the Valley Narcotics Enforcement Team (VNET) interlocal cooperative agreement that addresses the withdrawal of the Port of Seattle Police Department and the addition of the Washington State Patrol. Refer to Public Safety Committee f) AB - 3294 Public Works Administration recommends approval to execute the Interagency Agreement for 2023 and 2024 CPA #6358149 (CAG 23-013) with King County to accept $194,334 of non-matching grant funds to implement waste reduction and recycling programs. Refer to Finance Committee g) AB - 3287 Public Works Transportation Systems Division recommends approval of the 2023-2024 ORCA Business Cards and Business Passports Agreement, totaling $80,537.76, in order to help reduce congestion and improve air quality as part of the State's Commute Trip Reduction (CTR) program. Refer to Transportation (Aviation) Committee h) AB - 3292 Public Works Utility Systems Division recommends approval to execute an agreement with Osborn Consulting, Inc., in the amount of $132,614 for final design engineering services for the SE 172nd St & 125th Ave SE Green Stormwater Infrastructure project. Refer to Utilities Committee 6. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers; Maplewood Golf Course – Transfer Golf Course CIP Funds for HVAC Control Upgrades; Maplewood Golf Course – Funds Reallocation for Driving Range Wall Replacement Project; Lease Addendum No. 3 for LAG-12-001 with Rain City Catering; Lease with Renton Rowing Center; Construction Contract Award for the Park Avenue N Extension 7. LEGISLATION 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:45 p.m. - 7th Floor - Council Chambers/Videoconference Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Mayor’s Office Memorandum DATE: February 27, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • The new outdoor exercise area at the Don Persson Renton Senior Activity Center is scheduled to open for use on Tuesday, February 28. Improvements to the former bocce court area include new exercise equipment, a ping pong table, poured-in-place rubberized surfacing that includes a large checkerboard, benches, a cornhole court with new boards, and new landscaping to open the view towards the Cedar River. • Riverview Park parking lot will be closed from 7:00 a.m. to 5:00 p.m. on Tuesday, February 28 due to geotechnical work being performed in the park and along the Cedar River Trail. The Cedar River Trail will remain open and, for everyone’s safety, follow all posted signage and directions throughout the week. For more information contact the Parks and Recreation Department at 425-430-6600. • Is your home in need of minor repairs? The Housing Repair Assistance Program focuses on conducting minor repairs such as plumbing, electrical, weatherproofing, heating, ADA fixtures, and roofing that improve the environmental health and safety of residents. Find out if you qualify for the program by visiting www.rentonwa.gov/hrap. You may also contact the program via email at humanservices@rentonwa.gov or by phone at 425-430-6650. • Information about preventative street maintenance, traffic impact projects, road closures, and I-405 work 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 27 through Friday, March 3, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 10th St from NE Sunset Blvd to Kirkland Ave NE. Questions may be directed to Tom Main at 206-999-1833. AGENDA ITEM #3. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 February 27, 2023 Monday, February 27 through Friday, March 3, 8:30 a.m. to 3:00 p.m. Intermittent lane closure on southbound 116th Ave SE at SE 188th St for construction work. Questions may be directed to Tom Main at 206-999-1833. Monday, February 27 through Friday, March 3, 8:30 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions may be directed to Brad Stocco at 425-282-2373. Monday, February 27 through Friday, March 3, 8:30 a.m. to 3:00 p.m. Intermittent lane closure on eastbound S Grady Way at Talbot Rd S for construction work. Questions may be directed to Tom Main at 206-999-1833. 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 of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #3. a) February 13, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, February 13, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Valerie O'Halloran, Council President Ed Prince, Council Position No. 5 James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Ryan McIrvin, Council Position No. 4 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Kristi Rowland, Deputy Chief Administrative Officer Alex Tuttle, Senior Assistant City Attorney Jason Seth, City Clerk Melissa McCain, Deputy City Clerk Maryjane Van Cleave, Equity, Housing, and Human Services Administrator Young Yoon, Information Technology Director Attended Remotely: Chip Vincent, Community & Economic Development Administrator Ellen Bradley-Mak, Human Resources / Risk Management Administrator Martin Pastucha, Public Works Administrator Shane Moloney, City Attorney Cailín Hunsaker, Parks & Trails Director AGENDA ITEM #5. a) February 13, 2023 REGULAR COUNCIL MEETING MINUTES PROCLAMATIONS a) National Black History Month Proclamation: A proclamation by Mayor Pavone was read declaring February 2023 to be National Black History Month in the City of Renton, encouraging all citizens to join in learning more about the rich history of African Americans during this special observance. Renton Technical College President, Yoshiko Harden, and community leader Franchesca (Fancy) Vargas accepted the proclamation with appreciation. MOVED BY ALBERSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. b) Benson Bruins Day Proclamation: A proclamation by Mayor Pavone was read declaring February 13, 2023 to be Benson Bruins Day in the City of Renton, encouraging all residents to join in this special observance. Benson Bruins Coach Chris Vala and President B. Ron Burroughs accepted the proclamation with appreciation. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT Deputy CAO Kristi Rowland reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2023 and beyond. Items noted were: • This year’s Black History Month theme is “Black Resistance,” as selected by the Association for the Study of African American Life and History. This theme was chosen to highlight the “institutions and affiliations [that] have lobbied, litigated, legislated, protested and achieved success.” Black History Month events in Renton include “Unity & Perseverance,” an open forum discussion centered around the Black culture & community on Saturday, February 18, at 12:30 p.m. at Hyatt Regency-Lake Washington at Renton’s Southport. This event is sponsored by Renton-King County Alliance for Justice, Elevate PR Management, and Sync Seattle. Also sponsored by these groups is Melanin Magic Disco on February 18 from 8:00 p.m. to 12:00 a.m. at Hyatt Regency-Lake Washington. For more information on these events and other Black History Month events around the region, go to https://www.rentonwa.gov/news/current_news/this_week_in_renton • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Sandra Workman, Renton, asked for information regarding the Red Lion Hotel. • Erik Hanson, Renton, spoke about crime and drug use issues he has encountered in Renton. He expressed that something should be done to assist individuals with drug problems while still holding them accountable for their actions. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of February 6, 2023. Council Concur. AGENDA ITEM #5. a) February 13, 2023 REGULAR COUNCIL MEETING MINUTES b) AB - 3278 Mayor Pavone recommended confirmation of the appointment of Ms. Christine Santos to the Parks Commission with a term expiring October 1, 2026. Refer to Community Services Committee. c) AB - 3279 Community & Economic Development Department recommended referral of the 2023 Title IV Docket #18 to the Planning and Development Committee and Planning Commission for review. Following this review, the Planning Commission will present code revision recommendations to Council. Refer to Planning Commission and Planning & Development Committee. d) AB - 3276 Executive Services Department requested authorization to purchase information technology-related back-up and disaster recovery equipment from Ivoxy Consulting, in the amount of $671,560.49. The funding for the purchase of these items is available from the 2023/2024 Disaster Recovery & Business Continuity budget, approved as part of the 2022 CIP. Council Concur. e) AB - 3280 Parks & Recreation Department requested approval of a fund transfer of $15,000 from the Capital Improvement Program (CIP) Machinery & Equipment account to the Golf Major Maintenance Clubhouse HVAC account for Maplewood Golf Course HVAC controls improvements. Refer to Finance Committee. f) AB - 3281 Parks & Recreation Department requested reallocation of $24,200 in the Golf Course (GC) Capital Improvement Program (CIP) 424- Major Maintenance (MM) account for the unexpected Driving Range Wall Replacement project. Refer to Finance Committee. g) AB - 3283 Public Works Facilities Division recommended execution of Addendum 3-22 to LAG- 12-001, lease with Rain City Catering, to extend the lease from January 31, 2023, to January 31, 2024. The total estimated revenue for the lease period is $12,000 plus 15% of catering sales. Refer to Finance Committee. h) AB - 3284 Public Works Facilities Division recommended execution of a new lease with Renton Rowing Center for 6 years, effective January 1, 2023, to December 31, 2028. The total estimated revenue for 2023 and 2024 is projected at $23,881.08 with an annual 3% increase thereafter. Refer to Finance Committee. i) AB - 3285 Public Works Transportation Systems Division recommended adoption of a resolution authorizing the temporary total closure of Bronson Way South between North Riverside Drive and Mill Avenue South for up to 60 calendar days between March 20 and November 3, 2023, to complete construction of the Bronson Way Bridge – Seismic Retrofit and Painting Project. Refer to Transportation (Aviation) Committee. j) AB - 3286 Public Works Transportation Systems Division reported bid opening on December 15, 2022 for CAG-22-265, Park Ave N Extension project, and submitted the staff recommendation to award the contract to the lowest responsive and responsible bidder, Olson Brothers Excavating, Inc, in the amount of $3,636,341.81; and requested a transfer of $2,722,667 from unassigned fund balance in Fund 305 to cover an anticipated budget gap. Refer to Finance Committee. k) AB - 3282 Public Works Transportation Systems Division recommended approval to execute a professional services agreement in the amount of $797,894.36, with Transpo Group, Inc., for preliminary and final design of the South 7th Street Corridor Project. Refer to Transportation (Aviation) Committee. AGENDA ITEM #5. a) February 13, 2023 REGULAR COUNCIL MEETING MINUTES MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $13,785,649.67 for vouchers 10592-10602, 10604-10605, 405832-405834, 405844-405896, 405898-406060, 406062-406213, 406215; payroll benefit withholding vouchers 7044-7054, 405835-405843 and 4 wire transfers. 2. Payroll – total payment of $1,814,017.48 for payroll vouchers that include 632 direct deposits and 14 checks (01/01/2023-01/15/2023 pay period). MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the request to implement a reorganization of the City Clerk Division to support the implementation of a two-year limited-term Public Records Analyst full-time equivalent (FTE) position at salary grade a20. The Q1 budget adjustment will reflect the allocation of budget dollars for this reorganization. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve Amendment 4 to the 2020 Washington State Department of Health Supplemental Nutrition Assistance Program Incentive Agreement to accept an additional $22,350.00 in funding at the Renton Farmers Market for January 1, 2023 through December 31, 2023. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve CAG-22-381 with KPG Psomas, Inc. for $211,097 for Construction Engineering Services on the Rainier Ave S Corridor Improvements - Phase 4 project. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCLI CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to award the construction contract to Kamins Construction, Inc. in the amount of $318,149.14, and approve a budget transfer in the amount of $33,000 from unassigned fund balance in Fund 317 to cover anticipated expenditures for the construction phase of this project. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to ratify the grant agreement with the Washington Association of Sheriffs & Police Chiefs (WASPC) for the acceptance of $2,800 in grant funds for the purchase of two (2) Radar (with Rear antenna) devices to be used for enhanced traffic safety programs. AGENDA ITEM #5. a) February 13, 2023 REGULAR COUNCIL MEETING MINUTES MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. MOVED BY RIVERA, SECONDED BY O'HALLORAN, THAT THE CITY OF RENTON DO RESEARCH ON THE BENEFITS AND IMPACTS OF ADOPTING {a} SIMILAR ORDINANCE AS THE CITY OF TUKWILA AND CITY OF SEATAC TO RAISE THE MINIMUM WAGE TO $19 AN HOUR FOR THE BUSINESSES THAT APPLIES TO. **MAIN MOTION CARRIED AS AMENDED (by 3rd motion to amend - see below) Councilmember Perez asked for clarification on the intent of the motion, and after it was clarified that the intent was to bring the issue back to Council for a councilmanic vote, it was MOVED BY PEREZ, SECONDED BY ALBERSON, AMEND THE MAIN MOTION TO BRING THE ISSUE BACK TO COUNCIL WITH A RECOMMENDATION TO PLACE THE ISSUE ON THE BALLOT. Councilmember Alberson noted for the record that he did not second this motion to amend the main motion. 1ST MOTION TO AMEND MAIN MOTION WITHDRAWN. MOVED BY PEREZ, SECONDED BY RIVERA, COUNCIL AMEND THE MAIN MOTION TO BRING THE ISSUE BACK TO COUNCIL WITH THE RECOMMENDATION TO PLACE THE ISSUE ON THE BALLOT OR USE {a} COUNCILMANIC VOTE. 2ND MOTION TO AMEND MAIN MOTION FAILED. MOVED BY O’HALLORAN, SECONDED BY ALBERSON, COUNCIL AMEND THE MAIN MOTION TO INSERT “TO REFER TO THE ADMINISTRATION AND THAT THE ADMINISTRATION IS TO BRING THE ISSUE BACK TO COUNCIL FOR COUNCIL CONSIDERATION OF FURTHER ACTION, WHATEVER THAT MAY BE” {at the end of the main motion}. **3RD MOTION TO AMEND MAIN MOTION CARRIED. The main motion and successful motion to amend the main motion reads as follows: “That the City of Renton do research on the benefits and impacts of adopting (a) similar ordinance as the City of Tukwila and City of SeaTac to raise the minimum wage to $19 an hour for the businesses that applies to, (and) to refer to the administration and that the administration is to bring the issue back to Council for Council consideration of further action, whatever that may be.” AGENDA ITEM #5. a) February 13, 2023 REGULAR COUNCIL MEETING MINUTES ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:41 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 13 Feb 2023 AGENDA ITEM #5. a) Council Committee Meeting Calendar February 13, 2023 February 20, 2023 Monday Presidents’ Day Holiday – No Meetings February 27, 2023 Monday 3:30 PM Finance Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Maplewood Golf Course – Transfer Golf Course CIP Funds for HVAC Control Upgrades 2. Maplewood Golf Course – Funds Reallocation for Driving Range Wall Replacement Project 3. Lease Addendum No. 3 for LAG‐12‐001 with Rain City Catering 4. Lease with Renton Rowing Center 5. Construction Contract Award for the Park Avenue N Extension 6. Vouchers 7. Emerging Issues in Finance 4:45 PM Public Safety Committee, Chair Văn Location: Council Conference Room/Videoconference 1. Staffing and Assignment Update 2. Engagement Opportunities 3. Violent Crime Case Update 4. RRFA Briefing 5. Emerging Issues in Public Safety CANCELED Planning & Development Committee, Chair Prince 5:45 PM Committee of the Whole, Chair O’Halloran Location: Council Chambers/Videoconference 1. Neighborhood Program Update 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #5. a) AB - 3289 City Council Regular Meeting - 27 Feb 2023 SUBJECT/TITLE: 2022 Emergency Management Performance Grant (EMPG) Contract E23-151 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Executive Services Department STAFF CONTACT: Deborah Needham, Emergency Management Director EXT.: 7725 FISCAL IMPACT SUMMARY: Amount budgeted: 0 Revenue generated: $63,547 The Executive Services Department was awarded funding from the Emergency Management Performance Grant (EMPG) in the amount of $63,547. There is no grant match required for the acceptance of these funds. Authorization is requested for additional budget appropriations for the Information Technology Division in the amount of $63,547 offset by additional grant revenues of the same amount and will be included in the Q1 carryforward budget adjustment. 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 $63,547 from EMPG funding. 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 2023. Therefore, a 2023 budget adjustment of $63,547 in revenue is needed to reflect the grant amount awarded. The work plan in the contract specifies uses of the funds for information technology and cybersecurity equipment, emergency management training for city staff, volunteers, and community partners; development of EOC training videos; maintenance of amateur radio and other communication systems; and community outreach. EXHIBITS: A. EMPG Contract E23-151 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Washingto n State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract E23 -151 and approve the 2023 budget adjustment of $63,547. AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 1 of 42 Renton OEM, E23-151 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: $63,547.00 3. Grant Agreement Number: E23-151 4. Subrecipient Contact, phone/email: Deborah Needham, 425-430-7725 dneedham@rentonwa.gov; em@rentonwa.gov 5. Grant Agreement Start Date: June 1, 2022 6. Grant Agreement End Date: September 30, 2023 7. Department Contact, phone/email: Michael Alston, 253-512-7083 michael.alston@mil.wa.gov 8. Unique Entity Identifier (UEI): UG2PSBS6UJJ3 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-2022-EP-00006-S01 12. Federal Award Date: 08/23/2022 13. Assistance Listings # & Title: 97.042 (22EMPG) 14. Total Federal Amount: $8,625,483 15. Program Index # & OBJ/SUB-OBJ: 723PT 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) 2022 Emergency Management Performance Grant (22EMPG) 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 22EMPG DHS Award Letter for Grant No. EMS-2022-EP-00006- S01 (“Grant”), 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); 22EMPG Award Letter EMS-2022-EP-00006-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: Dierk Meierbachtol August 1, 2022 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): _____________________________________________ Signature Date AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 2 of 42 Renton OEM, E23-151 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 Michelle Theurer Name Courtney Bemus Title Emergency Management Coordinator Title Program Assistant Email mtheurer@rentonwa.gov em@rentonwa.gov Email courtney.bemus@mil.wa.gov Phone 425-430-7726 Phone 253-512-7145 Name Name Sierra Wardell Title Title Financial Operations Section Manager Email Email sierra.wardell@mil.wa.gov Phone Phone 253-512-7121 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 22EMPG 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) 2022 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness Grants Manual document, Version 3, May 2022 (the Manual), the DHS Award Letter for the Grant, 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 22EMPG 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 22EMPG 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 #5. b) DHS-FEMA-EMPG-FY22 Page 3 of 42 Renton OEM, E23-151 published by DHS/FEMA applicable to the 22EMPG 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) 2022 Emergency Management Performance Grant (EMPG) document, the Manual, the DHS Award Letter for the Grant 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 22EMPG 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 minimis 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 #5. b) DHS-FEMA-EMPG-FY22 Page 4 of 42 Renton OEM, E23-151 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 reimbursement due dates, 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. 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. 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 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 5 of 42 Renton OEM, E23-151 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) (Face Sheet, Box 11) D. Assistance Listings Number (formerly CFDA Number) (Face Sheet, Box 13) 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 the 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. 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: AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 6 of 42 Renton OEM, E23-151 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 equipment categories for the grant 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; the AEL 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 the grant program, 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, located at https://www.cisa.gov/safecom/funding, 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: 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 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 7 of 42 Renton OEM, E23-151 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 subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: iv. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); v. 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); vi. Telecommunications or video surveillance services provided by such entities or using such equipment; or vii. 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 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 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 8 of 42 Renton OEM, E23-151 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: viii. Review of financial and performance reports ix. Monitoring and documenting the completion of Agreement deliverables x. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), e-mails and correspondence xi. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements xii. Observation and documentation of Agreement related activities, such as exercises, training, events, and equipment demonstrations xiii. 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. 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 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 9 of 42 Renton OEM, E23-151 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 federal preparedness funding from the Department, the Subrecipient must achieve, or be actively working to achieve, all of the NIMS Implementation Objectives located at https://www.fema.gov/emergency-managers/nims/implementation-training. 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 grant program 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. 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. AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 10 of 42 Renton OEM, E23-151 d. 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. e. 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. f. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior written approval from the Department Key Personnel before attending the 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 in alignment with 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. g. 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/emergency-managers/nims/implementation-training (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. h. 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. C. DHS TERMS AND CONDITIONS As a Subrecipient of 22EMPG funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 22EMPG Award Letter and its incorporated documents for the Grant, which are incorporated and made a part of this Agreement as Attachment C. AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 11 of 42 Renton OEM, E23-151 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 #5. b) DHS-FEMA-EMPG-FY22 Page 12 of 42 Renton OEM, E23-151 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 31 U.S.C. 1352. 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 #5. b) DHS-FEMA-EMPG-FY22 Page 13 of 42 Renton OEM, E23-151 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 200.318, 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 #5. b) DHS-FEMA-EMPG-FY22 Page 14 of 42 Renton OEM, E23-151 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 #5. b) DHS-FEMA-EMPG-FY22 Page 15 of 42 Renton OEM, E23-151 247 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 board 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 board 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 determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 16 of 42 Renton OEM, E23-151 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 During the performance of this agreement, the Subrecipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 17 of 42 Renton OEM, E23-151 mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subrecipient shall take action to ensure that employees are employed and treated during employment without discrimination because of their race, color, sex, sexual orientation religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. 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 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 18 of 42 Renton OEM, E23-151 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”). 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” AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 19 of 42 Renton OEM, E23-151 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. 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 OR Contracts.Office@mil.wa.gov 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 Subrecipient, and/or employees or agents performing under this Agreement, are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Workers’ 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; OFM Reg. 4.3.1.1.8. 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. If the Subrecipient is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution before entering into this contract. A statement of "no conflict of interest" shall be submitted to the Department. AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 20 of 42 Renton OEM, E23-151 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. 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 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 21 of 42 Renton OEM, E23-151 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. 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 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and encourage minority-owned and women-owned business enterprises who are certified by the OMWBE under the state of Washington certification program to apply and compete for work under this contract. Voluntary numerical MWBE participation goals have been established, and are indicated herein: Minority Business Enterprises: (MBE’s): 10% and Woman’s Business Enterprises (WBE’s): 6%. 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. AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 22 of 42 Renton OEM, E23-151 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 #5. b) DHS-FEMA-EMPG-FY22 Page 23 of 42 Renton OEM, E23-151 Attachment C 22EMPG Award Letter EMS-2022-EP-00006-S01 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 24 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 25 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 26 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 27 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 28 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 29 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 30 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 31 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 32 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 33 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 34 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 35 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 36 of 42 Renton OEM, E23-151 AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 37 of 42 Renton OEM, E23-151 Attachment D WORK PLAN FY 2022 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 4.3 Prevention Primary Core Capability Cybersecurity Secondary Core Capability Screening, Search, and Detection Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Enhance cyber-security through: •Web Application Firewall installation of solutions to protect city web facing applications from malicious cyber activity. (AEL# 05NP-00-FWAL) • SIEM (Security Information and Event Management)/SOAR (Security Orchestration, Automation and Response) for cybersecurity triage and threat hunting to reduce risk of adverse cyber incidents within city systems (AEL# 05NP-00-SIEM) As a result of the Disaster Recovery Assessment and Planning project funded in the last grant cycle, the final Disaster Recovery Assessment and Planning Report identified several significant prevention/mitigation measures which would greatly enhance the city’s cybersecurity: • The city currently has web-facing applications that are less protected from potential compromise because traffic is not monitored. • The city does not currently have a proper system for log ingestion for triage and threat hunting. • Better cybersecurity is a must in today's threat environment, and the city's cyberinsurer requires that the city implement these recommended measures. • Overall, the city systems will be more resistant to cyberattack and more resilient in its recovery should an incident occur. • Protection from malicious activity will be initiated for the city’s web-facing applications by filtering traffic between city applications and the Internet. • A single repository will be able to be leveraged actively to eliminate potential threats and retro-actively in the event of an incident to help reduce time to mitigation and remediation. Priority Area #2 4.9 Training Primary Core Capability Operational Coordination Build or Sustain Sustaining/Maintaining AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 38 of 42 Renton OEM, E23-151 WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Send emergency management and city staff, volunteers, and community partners through training for emergency planning, response, recovery, and/or mitigation. Emergency Management staff alone cannot provide a comprehensive response and recovery in a disaster. It is necessary to train other response partners to play a role in the disaster. However, other departments and agencies lack sufficient training budget and schedule flexibility to send their personnel to the necessary trainings. This results in people who are poorly prepared for their roles in a disaster. In the 2022 Emergency Management Strategic Plan, Goal #2 is "Prepared and responsive city teams", where "All employees are prepared for emergencies, can be reached, and report to work promptly" and "City teams contribute to, train on, exercise and learn from emergency plans and incidents." Having properly trained and prepared EOC workers is a NIMS requirement. The budget issues for local government have been exacerbated by two years of COVID financial impacts and staff turnover, thus the need for federal dollars to close the gap. A smoother response resulting in better utilization of resources less duplication of effort, protecting lives, property, the environment, and the economy. Hire a consultant/contractor to develop videos for just in time EOC training based on raw footage produced in the previous grant period. Emergency Management staff alone cannot provide a comprehensive response and recovery in a disaster. It is necessary to train other response partners to play a role in the disaster. • However, other departments and agencies lack sufficient training budget and schedule flexibility to send their personnel to the necessary trainings. This results in people who are poorly prepared for their roles in a disaster. • In the 2022 Emergency Management Strategic Plan Goal #2 is "Prepared and responsive city teams", where "All employees are prepared for emergencies, can be reached, and report to work promptly" and "City teams contribute to, train on, exercise and learn from emergency plans and incidents." • Having properly trained and prepared EOC workers is a NIMS requirement. The budget issues for local government have been exacerbated by two years of COVID financial impacts and staff turnover, thus the need for federal dollars to close the gap. A smoother response resulting in better utilization of resources less duplication of effort, protecting lives, property, the environment, and the economy. Priority Area #3 4.7 Communications and Warning AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 39 of 42 Renton OEM, E23-151 Primary Core Capability Operational Communications Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Replace aging equipment used for emergency communications, including dead battery packs for amateur radio equipment, and institute a regular replacement cycle. • Batteries (10BC-00-BATT) Without operational communications equipment, responders, the EOC, and other partners are unable to communicate and coordinate during a disaster. The draft AAR/IP for Cascadia Rising 2022 notes that "amateur radio equipment deficiencies were identified". Equipment failures were only discovered in 2022, therefore had not been budgeted for in the biennial budget. Thus grant funds will be needed for replacement costs. Operational Communications and interoperable communications (which our supported by our amateur radio volunteers and equipment) are a NIMS requirement. Communications are operational, facilitating emergency response coordination. Priority Area #4 4.11 Emergency Public Information and Education Primary Core Capability Public Information and Warning Secondary Core Capability Community Resilience Build or Sustain Sustaining/Maintaining WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Conduct an annual outreach campaign, translating outreach materials into additional language(s). • Without a regular outreach campaign and ongoing training programs, our residents will not have access to essential information that will allow them to protect themselves and their loved ones. • The community is made up of residents from different origins/ethnicities who speak different languages. There is a great need to be able to effectively communicate essential information before and after a disaster with the appropriate outreach materials. • In the 2022 Emergency Management Strategic Plan, Goal #1 is "A prepared and resilient community", where "Everyone can receive emergency information", "Individuals take responsibility for their own household and business preparedness", and "Those with Limited English Proficiency or Access and Functional Needs receive equitable assistance in an emergency." • The budget issues for local government have been exacerbated by two years of COVID financial impacts and staff turnover, thus the need for federal dollars to close the gap. Community outreach as a whole will allow our community to be better prepared for any disaster by teaching preparedness skills and spreading awareness with multilingual materials/resources. AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 40 of 42 Renton OEM, E23-151 Promote and conduct emergency preparedness classes through the Renton Emergency Preparedness Academy (REPA). • Without a regular outreach campaign and ongoing training programs, our residents will not have access to essential information that will allow them to protect themselves and their loved ones. • Our community is made up of residents from different origins/ethnicities who speak different languages. There is a great need to be able to effectively communicate essential information before and after a disaster with the appropriate outreach materials. • In the 2022 Emergency Management Strategic Plan Goal #1 is "A prepared and resilient community", where "Everyone can receive emergency information", "Individuals take responsibility for their own household and business preparedness", and "Those with Limited English Proficiency or Access and Functional Needs receive equitable assistance in an emergency." • The budget issues for local government have been exacerbated by two years of COVID financial impacts and staff turnover, thus the need for federal dollars to close the gap. Community outreach as a whole will allow our community to be better prepared for any disaster by teaching preparedness skills and spreading awareness with multilingual materials/resources. AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 41 of 42 Renton OEM, E23-151 Attachment E TIMELINE FY 2022 Emergency Management Performance Grant DATE TASK June 1, 2022 Grant Agreement Start Date April 30, 2023 Submit reimbursement request July 31, 2023 Submit reimbursement request September 30, 2023 Grant Agreement End Date November 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 reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the above Timeline. AGENDA ITEM #5. b) DHS-FEMA-EMPG-FY22 Page 42 of 42 Renton OEM, E23-151 Attachment F BUDGET FY 2022 Emergency Management Performance Grant 22EMPG AWARD 63,547.00$ SOLUTION AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ -$ Personnel & Fringe Benefits -$ 63,547$ Travel/Per Diem -$ -$ Supplies 1,000$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal 1,000$ 63,547$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem -$ -$ Supplies -$ -$ Consultants/Contracts -$ -$ Other -$ -$ Subtotal -$ -$ Personnel & Fringe Benefits -$ -$ Travel/Per Diem 12,000$ -$ Supplies 1,000$ -$ Consultants/Contracts 9,547$ -$ Other -$ -$ Subtotal 22,547$ -$ Equipment 40,000$ -$ Subtotal 40,000$ -$ 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:63,547$ 63,547$ for Time Period of:M&APLANNINGORGANIZATION EXERCISETRAININGEQUIP The Subrecipient will provide a match of $63,547 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 approval from the Department. Funding Source: U.S. Department of Homeland Security - PI# 723PT – EMPG AGENDA ITEM #5. b) AB - 3293 City Council Regular Meeting - 27 Feb 2023 SUBJECT/TITLE: Amendment No. 3 to CAG-21-227 with Axon Enterprise, Inc for Axon Hardware and Services RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Executive Services Department STAFF CONTACT: Deborah Scott, Sr. Business Systems Analyst EXT.: 6939 FISCAL IMPACT SUMMARY: Funding for Amendment No. 3 to CAG-21-227 with Axon Enterprises, Inc. is available from the approved 2023 Police Axon Body Cameras – Professional Services budget (503.5400.10.003.518.82.41.000) by way of a budget adjustment that will be requested from account 000.000000.008.594.21.64.000. SUMMARY OF ACTION: The Police Dept is adding two additional services to our existing Axon contract (CAG-21-227). • 1.) Axon Automatic License Plate Recognition (ALPR) System – This system encompasses two complementary components - in-vehicle and in-office - to provide a high-quality ALPR solution. The ALPR system provides in-vehicle real-time alerting on plates of interest during patrol. Plate read data that is collected during patrol is then retained and can be queried through Axon Evidence for later investigations. The in-vehicle component is incorporated into Axon Fleet 3 and provides notifications on the Axon Fleet Dashboard when the system reads a plate that matches a plate included on an agency hotlist. The in-office component is included in Axon Evidence and provides options for ALPR record searching and system management options. • 2.) Axon My90 – This tool obtains feedback from individuals, such as members of the community, staff, and officers. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Execute Amendment No. 3 to CAG-17-227 with Axon Enterprise, Inc in the amount of $275,000 for Axon Hardware and Services. AGENDA ITEM #5. c) PAGE 1 OF 11 AMENDMENT NO. 3 TO AGREEMENT FOR AXON HARDWARE AND SERVICES THIS AMENDMENT, dated for reference purposes only as January 20, 2023, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Axon Enterprise, Inc (“Vendor”/”AXON” ), a Delaware Corporation. The City and the Vendor are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Vendor under Agreement -CAG-21-227, dated October 12 2021, to provide Police Body Cameras, Dash Cameras, Tasers, DataStorage hosting, Virtual Reality Training and Management along with associated installation, training, configuration, services, hardware and software (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to add Automatic License Plate Recognition (ALPR) and My90. NOW THEREFORE, It is mutually agreed upon that CAG-21-227 is amended as follows: 1. Scope of Work: Section 1, Scope of Work, is amended to add the following service as specified in Exhibit A-3 – Quote and Exhibit B-3 - My90 Terms of Use, which is attached and incorporated herein: •Axon Automatic License Plate Recognition (ALPR) System – This system encompasses two complementary components - in-vehicle and in-office - to provide a high-quality ALPR solution. The ALPR system provides in-vehicle real-time alerting on plates of interest during patrol. Plate read data that is collected during patrol is then retained and can be queried through Axon Evidence for later investigations. The in-vehicle component is incorporated into Axon Fleet 3 and provides notifications on the Axon Fleet Dashboard when the system reads a plate that matches a plate included on an agency hotlist. The in-office component is included in Axon Evidence and provides options for ALPR record searching and system management options. •Axon My90 – This tool obtains feedback from individuals, such as members of the community, staff, and officers. AGENDA ITEM #5. c) PAGE 2 OF 11 2.Time of Performance: Section 3, Time of Performance. All Work shall begin no later than 30 days after execution of this agreement. 3. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Vendor is increased by $275,000, including any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit, A-3 - Quote. 4.All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ VENDOR By:____________________________ Armondo Pavone Mayor, City of Renton Bobby Driscoll VP Associate GC _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 06/17/2021 Clb 12-9-22 (1687) AGENDA ITEM #5. c) PAGE 3 OF 11 Exhibit A-3: Quote AGENDA ITEM #5. c) PAGE 4 OF 11 AGENDA ITEM #5. c) PAGE 5 OF 11 AGENDA ITEM #5. c) PAGE 6 OF 11 My90 Terms of Use Appendix Definitions. 1.1. “My90” means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions between My90 and Axon Products. 1.2. “Recipient Contact Information” means contact Information, as applicable, including phone number or email address (if available) of the individual whom Customer would like to obtain feedback. 1.3. “Customer Data” means 1.3.1.“My90 Customer Content” which means data, including Recipient Contact Information, provided to My90 directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Customer Content does not include My90 Non-Content Data. 1.3.2.“My90 Non-Content Data” which means data, configuration, and usage information about Customer’s My90 tenant, and client software, users, and survey recipients that is Processed when using My90 or responding to a My90 Survey. My90 Non- Content Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non-Content Data does not include My90 Customer Content. 1.3.3.“Survey Response” which means survey recipients response to My90 Survey. 1.4. “My90 Data” means 1.4.1.“My90 Survey” which means surveys, material(s) or content(s) made available by Axon to Customer and survey recipients within My90. 1.4.2.“Aggregated Survey Response” which means Survey Response that has been de- identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual. 1.5. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. 1.6. “Processing” means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. 1.7. “Sensitive Personal Data” means Personal Data that reveals an individual’s health, racial or ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership. 2. Access. Upon Axon granting Customer a subscription to My90, Customer may access and use My90 to store and manage My90 Customer Content, and applicable My90 Surveys and Aggregated Survey Responses. This Appendix is subject to the Terms and Conditions of Axon’s Master Service and Purchasing Agreement CAG-21-227 or in the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern. Exhibit B-3: My90 Terms of Use AGENDA ITEM #5. c) PAGE 7 OF 11 3. IP address. Axon will not store survey respondents’ IP address. 4. Customer Owns My90 Customer Content. Customer controls or owns all right, title, and interest in My90 Customer Content. Except as outlined herein, Axon obtains no interest in My90 Customer Content, and My90 Customer Content is not Axon’s business records. Except as set forth in this Agreement, Customer is responsible for uploading, sharing, managing, and deleting My90 Customer Content. Axon will only have access to My90 Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to My90 Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of My90 and other Axon Products. 5. Details of the Processing. The nature and purpose of the Processing under this Appendix are further specified in Schedule 1 Details of the Processing, to this Appendix. 6. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Customer Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Customer Data in accordance with FBI CJIS Security Policy requirements and does not agree to the CJIS Security Addendum for this engagement or any other security or privacy related commitments that have been established between Axon and Customer, such as ISO 27001 certification or SOC 2 Reporting. 7. Privacy. Customer use of My90 is subject to the My90 Privacy Policy, a current version of which is available at https://www.axon.com/legal/my90privacypolicy . Customer agrees to allow Axon access to My90 Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon Products including My90 and related services; and (c) enforce this Agreement or policies governing the use of My90 or other Axon Products. 8. Location of Storage. Axon may transfer Customer Data to third-party subcontractors for Processing. Axon will determine the locations for Processing of Customer Data. For all Customers, Axon will Process including store Customer Data within the United States. Ownership of My90 Customer Content remains with Customer. 9. Required Disclosures. Axon may be required to disclose Customer Data that Customer shares with Axon as part of a subpoena process or other order issued by a court or administrative body or otherwise required by any law or regulation. Axon will not disclose Customer Data except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Customer if any disclosure request is received for Customer Data so Customer may file an objection with the court or administrative body, unless prohibited by law. 10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control of Axon, and as described below: 10.1. Upon written notice, Axon may share Customer Data with third parties it employs to perform tasks on Axon’s behalf to provide products or services to Customer. 10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon Customers, local city agencies, private companies, or members of the public that are seeking a way to collect analysis on general policing and community trends. Aggregated Survey Response will not be reasonably capable of being associated with or could reasonably be linked directly or indirectly to a particular individual. 11. License and Intellectual Property. Customer grants Axon and, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Customer Data for internal use including but not limited to analysis and creation of derivatives but Axon may AGENDA ITEM #5. c) PAGE 8 OF 11 not release Customer Data to any third party under this right that is not aggregated and de- identified. Customer acknowledges that Customer will have no intellectual property right in any media, good or service developed or improved by Axon. Customer acknowledges that Axon may make any lawful use of My90 Data and any derivative of Customer Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Customer will have no intellectual property right in any good, service, media, or other product that uses My90 Data. 12. Customer Use of Aggregated Survey Response. Axon will make available to Customer Aggregated Survey Response and rights to use for any Customer purpose. 13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to a Data Subject Request regarding any Personal Data contained within My90 Customer Content. If in regard to My90 Customer Content, Axon receives a Data Subject Request from Customer’s data subject to exercise one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within 72 hours, to make its request directly to Customer. Customer will be responsible for responding to any such request. 14. Assistance with Requests Related to My90 Customer Content. With regard to the processing of My90 Customer Content, Axon shall, if not prohibited by applicable law, notify Customer without delay after receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other competent authority regarding My90 Customer Content; (b) receives a complaint or request from a third party regarding the obligations of Customer or Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly pertains to My90 Customer Content or the Processing or protection of My90 Customer Content. Axon shall not respond to such requests, complaints, or communications, unless Customer has given Axon written instructions to that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request, Axon shall notify Customer of the relevant statutory provision and Axon shall limit its response to what is necessary to comply with the request. 15. Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Customer Content, Customer will manage the data sharing partnership with Axon and access to allow only for authorized data sharing with Axon. Customer acknowledges that any applicable audit trail on the original source data will not include activities and processing performed against the instances, copies or clips that has been shared with Axon. Customer also acknowledges that the retention policy from the original source data is not applied to any data shared with Axon. Except as provided herein, data shared with Axon may be retained indefinitely by Axon. 16. Data Retention. Phone numbers provided to Axon directly by Customer or at their direction, or by permitting My90 to access or connect to an information system or similar technology will be retained for 24 hours. Axon will not delete Aggregated Survey Response for four years following termination of this Agreement. There will be no functionality of My90 during these four years other than the ability to submit a request to retrieve Aggregated Survey Response. Axon has no obligation to maintain or provide Aggregated Survey Response after these four years and may thereafter, unless legally prohibited, delete all Aggregated Survey Response. 17. Termination. Termination of an My90 Agreement will not result in the removal or modification of previously shared My90 Customer Content or the potential monetization of Survey Response and Aggregated Survey Response. 18. Managing Data Shared. Customer is responsible for: 18.1. Ensuring My90 Customer Content is appropriate for use in My90. This includes, prior to AGENDA ITEM #5. c) PAGE 9 OF 11 sharing: (a) applying any and all required redactions, clipping, removal of metadata, logs, etc. and (b) coordination with applicable public disclosure officers and related legal teams; 18.2. Ensuring that only My90 Customer Content that is authorized to be shared for the purposes outlined is shared with Axon. Customer will periodically monitor or audit this shared data; 18.3. Using an appropriately secure data transfer mechanism to provide My90 Customer Content to Axon; 18.4. Immediately notifying Axon if My90 Customer Content that is not authorized for sharing has been shared. Axon may not be able to immediately retrieve or locate all instances, copies or clips of My90 Customer Content in the event Customer requests to un-share previously shared My90 Customer Content; 19. Prior to enrollment in My90. Prior to enrolling in MY90, Customer will: 19.1. determine how to use MY90 in accordance with applicable laws and regulations including but not limited to consents, use of info or other legal considerations. 19.2. develop a set of default qualification criteria of what My90 Customer Content may be shared with Axon; and 19.3. assign responsibilities for managing what My90 Customer Content is shared with Axon and educate users on what data may or not be shared with Axon. 20. Customer Responsibilities. Customer is responsible for: 20.1. ensuring no My90 Customer Content or Customer end user’s use of My90 Customer Content or My90 violates this Agreement or applicable laws; 20.2. providing, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Customer Data in accordance with this Agreement; and 20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Customer becomes aware of any violation of this Agreement by an end user, Customer will immediately terminate that end user’s access to My90. Customer will also maintain the security of end usernames and passwords and security and access by end users to My90 Customer Content. Customer is responsible for ensuring the configuration and utilization of My90 meets applicable Customer regulations and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or My90 Customer Content or if account information is lost or stolen. 21. Suspension. Axon may temporarily suspend Customer’s or any end user’s right to access or use any portion or all of My90 immediately upon notice, if Customer or end user’s use of or registration for My90 may (a) pose a security risk to Axon Products including My90, or any third-party; (b) adversely impact My90, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees, if applicable, incurred through suspension. Axon will not delete My90 Customer Content or Aggregated Survey Response because of suspension, except as specified in this Agreement. 22. My90 Restrictions. Customer and Customer end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 22.1. copy, modify, tamper with, repair, or create derivative works of any part of My90; 22.2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source code included in My90, or allow others to do the same; AGENDA ITEM #5. c) PAGE 10 OF 11 22.3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 22.4. use trade secret information contained in My90, except as expressly permitted in this Agreement; 22.5. access My90 to build a competitive product or service or copy any features, functions, or graphics of My90; 22.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within My90; or 22.7. use My90 to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code. AGENDA ITEM #5. c) PAGE 11 OF 11 Schedule 1- Details of the Processing 1. Nature and Purpose of the Processing. To help Customer obtain feedback from individuals, such as members of their community, staff, or officers. Features of My90 may include: 1.1. Survey Tool where Customer may create, distribute, and analyze feedback from individuals it designates. Customer may designate members of the community, staff or officers from whom they would like to obtain feedback; 1.2. Creation of custom forms for surveys. Customer may select questions from a list of pre- drafted questions or create their own; 1.3. Distribution of survey via multiple distribution channels such as text message; 1.4. Ability to access and analyze Survey Response. Axon may also provide Customer Aggregated Survey Responses which contain analysis and insights from the Survey Response; 1.5. Direct integrations into information systems including Computer Aided Dispatch (“CAD”). This will enable Customer to share contact information easily and quickly with Axon of any individuals from whom it wishes to obtain feedback - enabling Axon to communicate directly with these individuals; 1.6. Data Dashboard Beta Test (“Data Dashboard”) where Survey Response and Aggregated Survey Response will be displayed for Customer use. Customers will be able to analyze, interpret, and share results of the Survey Response. My90 may provide beta versions of the Data Dashboard that are specifically designed for Customer to test before they are publicly available; 1.7. Survey Responses will be aggregated and de-identified and may be subsequently distributed and disclosed through various mediums to: (1) Customer; (2) other Axon Customers; (3) private companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights and comparisons on general policing and community trends. Prior to disclosing this information, Axon will ensure that the Survey Response has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual; and 1.8. Provide services and materials to engage Customer stakeholders, market the partnership to the public, and facilitate training. AGENDA ITEM #5. c) AB - 3290 City Council Regular Meeting - 27 Feb 2023 SUBJECT/TITLE: Agreement with SoftResources, LLC for Enterprise Resource Planning Software Selection RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Kristin Trivelas, Fiscal Services Director EXT.: 6929 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $112,800 is available from the approved 2023 CIP budget for the Eden System Replacement. SUMMARY OF ACTION: The city’s current ERP system, Eden by Tyler Technologies, will expire in 2027. In alignment with IT’s philosophy, we expect to see a commercial off-the-shelf solution that will include all the components required to replace the existing system; provide necessary enhancements and improvements; and integrate and interface with existing city-owned software tools. This professional services contract will provide the following ERP software selection services in collaboration with city staff: • Evaluate the city’s current ERP system • Conduct a needs assessment for replacement ERP system • Develop an RFP for new ERP system • Analyze vendor proposals • Assist with negotiation and selection of new ERP vendor EXHIBITS: A. Issue Paper B. Agreement STAFF RECOMMENDATION: Authorize the agreement with SoftResources, L.L.C. in the amount of $112,800, plus any applicable state and local sales taxes and reimbursement for authorized out-of-pocket travel expenses, for ERP software selection consulting services. AGENDA ITEM #5. d) Finance Department Memorandum DATE:February 20, 2023 TO:Valerie O’Halloran, Council President Members of Renton City Council CC:Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer FROM:Kari Roller, Finance Administrator SUBJECT:Enterprise Resource Planning (ERP) Software Selection Consulting Services ISSUE Should the city execute a professional services contract with SoftResources, L.L.C. for ERP software selection consulting services? BACKGROUND The city’s current ERP system, Eden by Tyler Technologies, will expire in 2027. In alignment with Information Technology’s philosophy, we expect to see a commercial off-the-shelf (COTS) solution that will include all the components required to not only replace the existing system but provide necessary enhancements and improvements while also integrating and interfacing with existing city-owned software tools. A significant and early step in the overall project will be a full review of existing business processes and requirements so that they are well understood and documented. This professional services contract is intended to assist and empower the city to make knowledgeable decisions about business software and successfully implement the solutions selected. Specifically, the consultant will provide the following ERP software selection services in collaboration with city staff: •Evaluate the city’s current ERP system •Conduct a needs assessment for replacement ERP system •Develop an RFP for new ERP system •Analyze vendor proposals •Assist with negotiation and selection of new ERP vendor AGENDA ITEM #5. d) Randy Corman, Council President Members of Renton City Council Page 2 of 2 February 22, 2023 RECOMMENDED ACTION Staff recommends Council authorize the agreement with SoftResources, L.L.C. for ERP software selection consulting services for a maximum contract value of $112,800, plus any applicable state and local sales taxes and reimbursement for authorized out-of- pocket travel expenses. AGENDA ITEM #5. d) AGREEMENT FOR ENTERPRISE RESOURCE PLANNING (ERP) SOFTWARE SELECTION CONSULTING SERVICES THIS AGREEMENT, dated for reference purposes only as February 9, 2023, is by and between the City of Renton (the “City”), a Washington municipal corporation, and SoftResources L.L.C. (“Consultant”), a Washington LLC. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide evaluation of City’s current ERP system, collaborate with city staff to conduct needs assessment for replacement ERP system, develop an RFP for new ERP system, analyze vendor proposals, and assist with negotiation and selection of new ERP vendor, as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than November 30, 2023. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $112,800 fixed fee, plus any applicable state and local sales taxes and reimbursement for authorized out-of-pocket travel expenses. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form AGENDA ITEM #5. d) PAGE 2 OF 10 specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and percent of fixed fees completed for fixed fee work (as agreed by the City) or any hourly labor charge rate (for time and materials services) 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 #5. 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 #5. 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. For claims that are covered by Consultant’s professional liability, errors and omission insurance coverage, the Consultant’s obligation to indemnify and defend the City shall be capped at $2,000,000. 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 AGENDA ITEM #5. d) PAGE 5 OF 10 or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: 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. AGENDA ITEM #5. d) PAGE 6 OF 10 C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following 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 Kristin Trivelas 1055 South Grady Way CONSULTANT Spencer Arnesen 11411 NE 124th Street, Suite 270 AGENDA ITEM #5. d) PAGE 7 OF 10 Renton, WA 98057 Phone: (425) 430-6929 E-mail: ktrivelas@rentonwa.gov Kirkland, WA 98034-4341 Phone: (425) 216-4030 E-mail: sarnesen@softresources.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 #5. 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 Kristin Trivelas. 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 AGENDA ITEM #5. d) PAGE 9 OF 10 accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. 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 AGENDA ITEM #5. d) PAGE 10 OF 10 provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 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 Spencer Arnesen, CPA 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 #5. d) Proposal for City of Renton, Washington Enterprise Resource Planning (ERP) Software Selection Consulting Services December 30, 2022 Submitted by SoftResources LLC Spencer Arnesen, CPA, Principal 425.216.4030 sarnesen@softresources.com Exhibit AAGENDA ITEM #5. d) SoftResources LLC 11411 NE 124th Street, Suite 270 Kirkland, WA 98034-4341 Submitted by SoftResources LLC | Page i December 30, 2022 City of Renton Kristin Trivelas, Fiscal Services Director Young Yoon, Information Technology Director 1055 S. Grady Way Renton, WA 98057 Kristin and Young: SoftResources LLC is pleased to submit this proposal to the City of Renton, Washington (City) for Enterprise Resource Planning (ERP) Software Selection Consulting Services. The City’s project is an excellent fit for SoftResources’ unbiased software consulting services. SoftResources brings 28 years of experience leading software evaluation projects. We are a qualified, product independent firm offering a proven approach and selection methodology. We will guide the City to plan for the project, define requirements, develop an RFP, evaluate vendors for fit, conduct demos, make the final decision, and negotiate a performance-based contract for new ERP software. In addition, our evaluation includes a review of the implementation resources for the project, and we can provide implementation project management services on the City’s behalf if requested. SoftResources is prepared to partner and guide the City to achieve success with this project and the following are the key benefits of our services: • We are 100% vendor indpendent and not aligned with nor compensated by software vendors for any reason. We do not sell hardware or software products related to any software. • Experienced team members with local government organizations will guide the City through the software assessment and selection project. • Proven and client focused methodology from our sole business of providing unbiased software evaluation, selection, and implementation services to Public Sector organizations. • Experienced project management to ensure adherance to the scope, time, cost and quality of the City’ ERP evaluation project. Spencer Arnesen, Principal, is the authorized contact for this proposal with authority to bind SoftResources contractually. SoftResources looks forward to the opportunity of working with the City on this important ERP software initiative. Sincerely, Spencer Arnesen, CPA, Principal SoftResources LLC AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page ii Table of Contents 1.SoftResources Overview .......................................................................................... 1 2.Project Approach ..................................................................................................... 2 3.Fees ......................................................................................................................... 9 AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page 1 1. SoftResources Overview SoftResources LLC is a qualified and experienced software evaluation consulting firm dedicated to providing services that empower and guide Local Government organizations nationwide to make knowledgeable decisions about business software and to successfully implement the solutions they select. SoftResources has completed hundreds of software evaluation projects in our 28+ year history. We believe the repeat business from many of our clients is a testimony to the effectiveness of our team and value of our services. History. The concept of providing unbiased software selection services originated in 1993 as our founders established a consulting practice within KPMG. The core foundational value of this team was to remain objective and unbiased for the recommendations we made regarding best fit enterprise software solutions. After reorganizations at KPMG in 1995 that impacted these foundational values, the founders amicably separated from KPMG and formed SoftResources LLC. Vendor Agnostic. We have no direct relationships with vendors that will impact the services or consulting guidance we provide to our clients. We do not receive remuneration from vendors and have no specific ties to any vendors to ensure our objectivity. Core Services. The SoftResources team is proficient in the core services we provide and offer the leadership and guidance our customers require in all phases of the software procurement cycle. Our five core services include: System Assessment, Software Selection, Implementation Partner Selection, Contract Review, and Implementation Management. Our Consultants individually bring 20-35+ years of experience completing projects similar to the City’s project. AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page 2 2.Project Approach We understand that the City is a full-service city serving a population of 105,179 citizens. The City’s project intends to develop an RFP to replace its existing ERP application (EDEN by Tyler Technologies) which is targeted to sunset in 2027. Through this ERP replacement project, the City desires to take advantage of a well-integrated solution with an eye towards integrating and interfacing to City-owned software tools that will remain. SoftResources will interview City personnel from all departments impacted by the ERP replacement for the following in-scope functionality: •General Ledger •Human Resources •Budgeting •Payroll •Accounts Payable •Project Accounting •Purchasing •Grant Management •Accounts Receivable / Cash Receipting •Utility Billing (not required in scope) •Fixed Assets SoftResources commits to providing the services outlined in the project approach with tenured employees that have the experience, skills, and expertise necessary to assist the City to make a knowledgeable ERP software decision. We work on your behalf using City-specific requirements to analyze ERP software and to identify solutions that represent the best fit for the City in an independent and unbiased approach. SoftResources will: •Evaluate the City’s current ERP system environment through a series of collaborative workshops with City stakeholders to assess the current state and desired future state of the users. •Identify the City’s needs and wants in a new ERP system and develop a functional and technical requirements document that is inclusive of required integrations with existing or new systems. •Develop an RFP for new ERP software and implementation that conveys the City’s needs and wants. •Employ our methodology to analyze vendor proposals and work with the City to eliminate vendors down to a final decision. •Provide expertise to assist the City to negotiate a fair contract with the final selected ERP vendor. SoftResources recommends the following Work Plan organized by phases. Some tasks within different phases may be performed concurrently. Upon further discussion and review with the City, this Work Plan may be adjusted. Our overarching goal is to provide the right level of service to support the project objectives for the City. Phase 1 – Project Planning Objective SoftResources will work with the City to initiate, plan, and manage the project through all phases on schedule and on budget. a.Initiate Project •Project Kickoff – meet with the City via web conference to kick off the project, discuss and align expectations for the contracted scope of work, /Contract Management (not required in scope) AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page 3 Phase 1 – Project Planning discuss resource availability and constraints, establish roles and responsibilities, and drivers and objectives that will govern the project. •Project Plan – develop a Project Plan and Timeline that will be used to manage the project. b.Manage Project • Project Coordination – work with the City to manage resources, communicate tasks, meetings and deadlines, and report on project progress to ensure that target goals are achieved. •Status Updates – provide regular status updates with the Project Team. The meetings will be used to review accomplishments, upcoming tasks, open issues, and the overall status of the project as it relates to time, scope, budget, and quality. Deliverables •Kickoff Presentation •Project Plan •Project Status Updates Phase 2 – ERP Needs Assessment Objective SoftResources will analyze the City’s existing ERP system environment, processes, and user needs, and define functional requirements specific to the City’s business needs for new ERP software. a.Discovery Workshops •Workshop Planning – work with the City’s Project Manager to plan for and schedule up to 24 hours of collaborative Discovery Workshops as follows: o Setup – determine the specific workshops by function (e.g., general ledger, accounts payable, purchasing, human resources, payroll, project accounting, budget, etc.). o Participants – identify staff to participate in the Workshops (e.g., stakeholders, executive management, subject matter experts, key users, IT, etc.). o Schedule – prepare the Discovery Workshop Schedule and deliver to the City via email. The City will issue to participating staff. •Review Documentation – work with the City to identify existing background materials to provide to SoftResources. SoftResources will review and use this documentation to prepare for and gain insight about the ERP environment, project, and goals to increase effectiveness as we facilitate the Workshops. •Facilitate Discovery Workshops – conduct up to 24 hours of Discovery Workshops as scheduled and facilitate collaborative dialogue across departments for the functional areas and processes in scope to: Analyze how the current ERP system is used including strengths, weaknesses, limitations, functional and technical requirements. AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page 4 Phase 2 – ERP Needs Assessment Review processes both manual and automated, policies, and procedures to identify opportunities for improvement. Review the current technical environment, discuss technology initiatives/strategies, and future vision. Review shadow systems used by departments outside of the ERP solution to support business functions including Excel worksheets, Word documents, and other databases. Review current interfaces and integrations between City business applications and opportunities for integration improvements. Provide educational insights about the capabilities of modern ERP systems and industry best practices. Conduct post-workshop clarification discussions as needed. b. Document Requirements • Define Requirements – use the data gathered during the Discovery Workshops, review of documentation, and our experience to identify City- specific key functional and technical requirements. These requirements will consider future state business process and integration requirements. Create an ERP Requirements document that will be incorporated into an RFP for solicitation of vendor responses. Requirements will be categorized with the following ratings: Required, Important, Nice to Have, or Explore per City input. • Finalize Key Requirements – deliver the ERP Requirements document via email to the City for review and discussion. The key requirements will provide the future state required and address gaps in the current system. Based on the City’s feedback SoftResources will edit, finalize, and return to the City for final acceptance. Deliverables • Discovery Workshop Schedule • Discovery Workshop Facilitation • Key Requirements Document Phase 3 – Request for Proposal Objective SoftResources will develop an effective Request for Proposal (RFP) for ERP software and implementer, conduct vendor outreach, and assist the City during the RFP issuance process. a. RFP for ERP Software • RFP Document – using the data gathered during the Discovery Workshops, our knowledge of the City, and our expertise developing RFPs – SoftResources will create an effective RFP document. The RFP will include the modules in scope, business objectives, evaluation criteria, functional and technical requirements, and integration requirements. The RFP will include instructions to vendors as to the format and content of the bid response including compliance to functional and technical requirements, implementation methodology, technology overview, deployment options, AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page 5 Phase 3 – Request for Proposal data conversion and migration methodology, training plan, estimated 5- year cost, resource availability, and general terms and conditions. • RFP Discussion – deliver the draft RFP to the City via email. Schedule and facilitate a review meeting with the City Project Team to review and finalize the document. The RFP will comply per the City’s Purchasing policies. The City will publish the RFP. We have built into the timeline four weeks for the RFP to be active for the solicitation process. b. Vendor Outreach • Vendor Long List - use our experience evaluating ERP vendors and knowledge of the City’s project goals and objectives to develop a Vendor Long List of potential ERP vendors with contact information. Deliver to the City for review and feedback. SoftResources will edit the Long List with City feedback, finalize, and return to the City for acceptance. SoftResources will notify vendors on the Long List of the City’s RFP opportunity. c. RFP Issuance • RFP Management – the City will issue the RFP according to their Purchasing requirements. SoftResources will notify the Long List Vendors of the opportunity, work with the City to respond to vendor questions, assist with developing addenda (the City will issue addenda), and liaise between the City and the vendors. Deliverables • RFP for ERP Software • ERP Vendor Long List Phase 4 – Vendor Selection Objective SoftResources will employ our proven selection methodology to help the City evaluate the ERP vendor software solutions. a. Vendor Proposal Analysis • Initial Review – the City will receive vendor proposals and provide a copy of each bid to SoftResources. SoftResources will conduct an initial review of the proposals to determine nonresponsive bids. We will consider the following in our review: RFP process compliance Relevant vendor experience Functional and technical fit to City requirements Total cost City-specific evaluation criteria • Fit Analysis – conduct a comparative review of the responsive vendor proposals as follows: Review vendor responses to functional and technical requirements Assess vendor viability and future strategies Assess the implementation strategy and team Evaluate the estimated cost for software, implementation, and software maintenance AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page 6 Phase 4 – Vendor Selection Identify a Short List of recommended vendors • Short List Comparison Chart – develop a Short List Comparison Chart that details the fit analysis of the approximately 3 recommended vendor proposals as compared to the City’s Key Requirements. Deliver the Chart to the City via email for review and discussion. • Vendor Analysis Report – prepare a Vendor Analysis Report summarizing the results of the vendor review including gap analysis, key strengths and challenges, and a five-year cost estimate for software, services, and implementation based on vendor responses. Deliver to the City via email, present findings, and answer questions about the report. The City will make the final decision of the vendor candidates to Short List and invite to the demo process. b. Software Demos • Demo Script – develop a customized Demo Script that defines the specific timeline and content to be reviewed during software demos, and that will focus the vendor to demonstrate their solution based on the City’s required functionality. Deliver the Script to the City for review and input. SoftResources will edit with feedback, finalize, and return to the City for final acceptance. The City will issue the Script to shortlisted vendors. • Demo Planning – work with the City to set up and schedule the demos (planned for three demos 2-days each) with the vendor candidates. Facilitate with the City remote one-hour Pre-Demo Meetings for each vendor to address questions in advance to ensure they are prepared. We have built into the timeline four weeks for vendors to schedule resources and prepare for the demos. • Demo Feedback Form – prepare the Demo Feedback Form that will be provided to City demo attendees to record feedback and rankings for each demo session attended. • Facilitate Demos – attend and facilitate software demos, leverage our experience on the City’s behalf, manage vendor adherence to the Demo Script, manage staff questions, manage Demo Feedback forms, document questions, and follow up items. • Demo Wrap Up Meeting – at the completion of the demos conduct a Demo Wrap Up Meeting remotely to review demo feedback, assist the City to determine one to two finalists, identify key areas to evaluate through due diligence that will support the final decision process. c. Software Decision • Vendor Management – continue to manage vendor communications and questions, complete follow up tasks, and continue to liaise with the vendors as the City moves through the final decision-making process. • Due Diligence – Advise the City as they conduct follow up due diligence activities with finalist vendor(s) which may include: AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page 7 Phase 4 – Vendor Selection o Reference Checks – advise as the City conducts reference checks for the finalist vendors. Provide a customized set of questions and criteria for the City to consider during the reference due diligence process. o Due Diligence Demos – assist the City with the follow up Demos with finalist vendors to review specific topics or evaluate functionality in more depth to support the final decision process. o Decision Support Activities – conduct follow up meetings, scoping discussions, implementation assumptions, planning, calls, etc. to support the City to make the decision. • Final Decision Meeting – assist the City with preparations for and participate in the final decision meeting. Guide and lead through the Final Decision meeting to identify the front runner vendor for award. The City will make the final decision. Deliverables • Short List Comparison Chart • Vendor Analysis Report • Demo Script • Demo Feedback Form • Demo Facilitation • Wrap Up Meeting • Due Diligence Advice Phase 5 – Contact Review Objective SoftResources will assist the City to review and negotiate the contract with one final selected ERP vendor. a. Vendor Contract • Contract Documents – assist the City with review of the vendor contract document with the finalist ERP vendor. This review will include one Software Contract package. SoftResources will: o SoftResources Review – review vendor contract documents from a business perspective and provide review comments and redline edits to the contract. This review includes the software license, subscription pricing, terms and conditions, and discussion points. SoftResources recommends the City’s legal counsel also review the contract documents. o City Review – discuss and address questions on the review comments and redline edits with the City via web conference. o Vendor Review – participate with the City in vendor calls to review and resolve the Contract package redline edits and review comments. b. Vendor Statement of Work (SOW) • Implementation SOW Development – Before signing the software contract, we recommend the SOW be developed and agreed upon to ensure clear understanding of roles and responsibilities for the AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page 8 Phase 5 – Contact Review implementation of new software. SoftResources will review for one implementation vendor/partner as follows: o SoftResources Review – review the vendor’s SOW for implementation and provide review comments and redline edits for the SOW. o City Review – discuss and address questions regarding the review comments and redline edits with the City via web conference. o Vendor Review – participate with the City in vendor calls to review and resolve the SOW redline edits and review comments. Deliverables •Contract – Review Comments and Redline Edits •SOW – Review Comments and Redline Edits •Vendor Review Calls Estimated Timeline. SoftResources estimates a timeline of approximately 8 months for the City’s project. This timeline is dependent on the availability of City staff and vendor resources and may be adjusted as necessary to adapt to these schedules. A detailed project schedule with tasks, dates, and responsibility assignments will be created during project planning. Some tasks may be completed concurrently. Phase and Tasks Month 1 2 3 4 5 6 7 8 1.Project Planning a.Initiate Project b.Manage Project 2.ERP Needs Assessment a.Discovery Workshops b.Document Requirements 3.Request for Proposal a.RFP for ERP Software b.Vendor Outreach c.RFP Issuance 4.Vendor Selection a.Vendor Proposal Analysis b.Software Demos c.Software Decision 5.Contract Review a.Vendor Contract b.Vendor SOW AGENDA ITEM #5. d) Proposal for the City of Renton ERP Software Selection Consulting Services Submitted by SoftResources LLC | Page 9 3. Fees SoftResources proposes a Fixed Fee engagement for the City’s ERP Software System project. Our consultant rate is $200 per hour for services that are outside of the scope of this proposal. Travel expenses are charged as incurred and will be minimal due to the locality of the City to SoftResources’ Kirkland Office. Travel expenses for onsite services will include mileage (per IRS rate), per diem for meal expenses (per GSA rate), and parking fees. Fees and travel costs will be billed monthly as incurred with terms of Net 15. SoftResources bills on % of services completed by month along with any out-of-pocket expenses that occur within the month. Phase and Tasks Fees 1.Project Planning a.Initiate Project $ 5,600.00 b.Manage Project 6,800.00 2.ERP Needs Assessment a.Discovery Workshops 12,800.00 b.Document Requirements 7,200.00 3.Request for Proposal a.RFP for ERP Software 7,200.00 b.Vendor Long List 800.00 c.RFP Issuance 2,000.00 4.Vendor Selection a.Vendor Proposal Analysis 18,000.00 b.Software Demos 22,800.00 c.Software Decision 14,400.00 5.Contract Negotiations a.Vendor Contract Review 7,600.00 b.Vendor Statement of Work 7,600.00 Total Hour and Fees $ 112,800.00 Travel Expenses *To Be Determined *SoftResources will work with the City to determine onsite services, but expenses should be minimal due to the City’s proximity to our Kirkland offices. AGENDA ITEM #5. d) AB - 3291 City Council Regular Meeting - 27 Feb 2023 SUBJECT/TITLE: Amendment to Valley Narcotics Enforcement Team Interlocal Agreement RECOMMENDED ACTION: Refer to Public Safety Committee DEPARTMENT: Police Department STAFF CONTACT: Jon Schuldt, Chief EXT.: x7555 FISCAL IMPACT SUMMARY: Interlocal Agreement has no budgeted impact. SUMMARY OF ACTION: This document amends the original interlocal cooperative agreement for the Valley Narcotics Enforcement Team (VNET), originally signed on February 17, 2017. The amendment addressed the withdrawal of the Port of Seattle Police Department and the addition of the Washington State Patrol to VNET. Additionally, it clarifies the role and authority of the fiscal agent as well as clarifying jurisdictional authority for VNET operations. EXHIBITS: A. First Amendment to VNET Interlocal Agreement STAFF RECOMMENDATION: Authorize Mayor Pavone to sign the amendment to the VNET ILA. AGENDA ITEM #5. e) FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 1 FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM THIS FIRST AMENDMENT (“First Amendment”) TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM (“Agreement”) is made between the Cities of Auburn, Federal Way, Kent, Renton, Seattle, Tukwila, and the State of Washington and its State Patrol. I. RECITALS 1.1 On February 17, 2017, the parties to the original Agreement formed a multi- jurisdictional team known as the Valley Narcotics Enforcement Team (“VNET”). That Agreement contemplated the future admission or elimination of other jurisdictions as members of VNET, as well as the future alternation of existing Agreement terms (See, Section IV of the Agreement). To allow for efficient operation of VNET, the Agreement authorized those changes to be made without prior approval of the legislative bodies of the jurisdictions participating in VNET on the condition that such changes would be effective only through a unanimous vote of VNET’s Executive Board (See, Section XXI of the Agreement). 1.2 In accordance with Section VII of the Agreement, the Port of Seattle previously withdrew from participation in VNET, effective January 1, 2022. After the Port of Seattle withdrew, the State of Washington, through its State Patrol, advised the Executive Board of its desire to participate and join VNET. 1.3 Additionally, the parties to VNET would like to clarify that the authority delegated to the Fiscal Agent under Section XII of the Agreement, includes the authority to contract as may be necessary for VNET operations, including the authority to execute any lease agreement to secure office space, to accept any grant, or to purchase any equipment, that may be required in support of VNET operations. 1.4 Finally, the parties wish to clarify the jurisdictional authority that exists for VNET operations under the Mutual Aid Act, Ch. 10.93 RCW, and to ratify and affirm any and all acts consistent with the authority of the Agreement and prior to the effective date of this First Amendment. II. AMENDMENT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the Agreement is amended as follows: 2.1 Section I – Parties. Section I of the Agreement, entitled “Parties”, is amended as follows: I. PARTIES The parties to this Agreement are the cities of Auburn, Federal Way, Kent, Renton, Seattle, and Tukwila, and the State of Washington and its State Patrol. The Valley Narcotics Enforcement Team is assigned to the Drug Enforcement Administration (“DEA”) Task Force. 2.2 Section II – Authority. Section II of the Agreement, entitled “Authority”, is amended as follows: AGENDA ITEM #5. e) FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 2 II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. Through this Agreement, each member jurisdiction provides to every other member jurisdiction the permission required under the Washington Mutual Aid Peace Officers Powers Act, Ch. 10.93 RCW, for each member jurisdiction’s general authority peace officers to enforce the criminal laws of this state within the primary territorial jurisdiction applicable to any particular VNET operation. Any reporting that may be required under RCW 10.93.030, as currently enacted or later amended, is self- executing as all VNET operations are a cooperative effort that would necessarily include the police agency that has primary territorial jurisdiction. 2.3 Section IV – Formation. Section IV of the Agreement, entitled “Formation”, is amended as follows: IV. FORMATION There is hereby established a multi-jurisdictional team to be hereafter known as the Valley Narcotics Enforcement Team (“VNET”), the members of which shall be the cities of Auburn, Federal Way, Kent, Renton, Seattle, and Tukwila, and the State of Washington and its State Patrol. The future admission or elimination of a jurisdiction as a member of VNET may be accomplished by an addendum to this Agreement. 2.4 Section XII – Financial Requirements. Section XII of the Agreement, entitled “Financial Requirements”, is amended as follows: XII. FINANCIAL REQUIREMENTS AND CONTRACTING AUTHORITY VNET utilizes a Fiscal Agent for all account transactions and accounting. One of the participating jurisdictions will provide the services of the Fiscal Agent as approved by the Board. The VNET operating budget relies primarily on three funding sources: State and Federal Grants, VNET assets forfeited at the state and federal levels, and funds provided by the participating jurisdictions. Federal Grant funds are administered by the state and follow the state budget cycle of July 1 through June 30 of the following year. VNET shall request monthly reimbursements of expenses until the awarded amount is exhausted. Once the Federal Grant has been exhausted, forfeited assets will be used to pay expenses for the remainder of the budget cycle. The Fiscal Agent is further authorized to enter into any contracts required to support VNET operations, subject to the Executive Board’s approval of the terms and conditions of those contracts, including grant agreements, lease agreements for office space, or AGENDA ITEM #5. e) FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 3 purchase agreements that may be required in accordance with Section XI. VNET shall prepare a budget each year that estimates the grant funds available, and each participating jurisdiction shall provide VNET with the annual cost to assign an officer and other approved personnel to the unit. A jurisdiction’s annual contribution is then divided by 12 and credited towards the monthly salary and benefits of the jurisdiction’s participating personnel. All other expenses are paid for by VNET utilizing either Grant funds or forfeited assets. The Board shall agree upon a date each year by which time it will notify the participating jurisdictions of each jurisdictions’ expected contribution. The Fiscal Agent shall perform those reporting obligations on behalf of VNET members as it relates to VNET operations, as required by applicable law. The DEA contribution to VNET includes providing office space, storage space, parking, and phone service at no cost to VNET jurisdictions. 2.5 Section XV – Liability, Hold Harmless, and Indemnification. Section XV of the Agreement, entitled “Liability, Hold Harmless, and Indemnification”, is amended as follows: XV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of VNET without the threat of being subject to liability to one another, and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with VNET actions that are brought against the jurisdictions. To this end, and to the extent allowed by applicable law, the participating jurisdictions agree to equally share responsibility and liability for the acts and omissions of their participating personnel when acting in furtherance of this Agreement. Except as otherwise provided in this Agreement, in the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved in VNET Response. In the event a jurisdiction or its personnel were not involved in VNET response to the incident that AGENDA ITEM #5. e) FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 4 gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. For purposes of this section, a member agency is deemed to have been involved in a VNET response when any employee from that member agency is deployed on a VNET Matter. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VNET personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual, for violating VNET directives, or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorney fees accrued by its individual representation or defense. Each jurisdiction and its respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VNET members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and Subsection A of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. AGENDA ITEM #5. e) FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 5 E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. No Waiver of Title 51 RCW. This section shall not be interpreted to waive any defense arising out of Title 51 RCW. G. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. H. Alternative responsibility and liability sharing provisions for Washington State Patrol. If a court determines that the Washington State Patrol is prohibited by law from equally sharing in responsibility and liability as contemplated in Section XV above, then the following provision shall apply with respect to the Washington State Patrol in place of that applicable language: To the extent allowed by law, the Washington State Patrol shall protect, defend, indemnify, and save harmless the other member agencies, their officers, officials, employees, contractors and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and property), arising out of, or in any way resulting from, the Washington State Patrol’s negligent or intentional acts or omissions in the performance of this Agreement. The Washington State Patrol will not be required to indemnify, defend, or save harmless the other member agencies if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of another member agency or its officers, officials, employees, contractors or agents. Where such claims, suits, or actions result from the concurrent negligence of the Washington State AGENDA ITEM #5. e) FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 6 Patrol and the other member agencies, or their officers, officials, employees contractors or agents, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each agency’s own negligence or that of its officers, officials, employees, contractors or agents, with the Washington State Patrol bearing the burden of its negligence on its own, and the other member agencies sharing amongst themselves the burden of their negligence as provided above. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then the Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. 2.6 Section XIX – Notification of Claims and Lawsuits. Section XIX of the Agreement, entitled “Notification of Claims and Lawsuits”, is amended to remove the notice information for the Port of Seattle and to insert the following notice information for the State of Washington and its State Patrol as follows: State of Washington 2.7 Remaining Provisions. Except as specifically amended by this First Amendment, all remaining provisions of the Agreement shall remain in full force and effect. AGENDA ITEM #5. e) FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 7 2.8 Ratification. All acts consistent with the authority of the Agreement and prior to the effective date of this First Amendment are hereby ratified and affirmed, and the terms of the Agreement and this First Amendment shall be deemed to have applied. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. City of Auburn Print Name: Its: Mayor Date: City of Auburn Print Name: Its: City Clerk Date: City of Auburn Print Name: Its: City Attorney Date: City of Kent Print Name: Its: Mayor Date: City of Kent Print Name: Its: City Clerk Date: City of Kent Print Name: Its: City Attorney Date: City of Federal Way Print Name: Its: City Manager Date: City of Federal Way Print Name: Its: City Clerk Date: City of Federal Way Print Name: Its: City Attorney Date: AGENDA ITEM #5. e) FIRST AMENDMENT TO THE INTERLOCAL COOPERATIVE AGREEMENT FOR VNET - 8 City of Renton Print Name: Its: Mayor Date: City of Renton Print Name: Its: City Clerk Date: City of Renton Print Name: Its: City Attorney Date: City of Tukwila Print Name: Its: Mayor Date: City of Tukwila Print Name: Its: City Clerk Date: City of Tukwila Print Name: Its: City Attorney Date: State of Washington Print Name: Its: Date: State of Washington Print Name: Its: Date: City of Seattle Print Name: Its: Date: City of Seattle Print Name: Its: Date: AGENDA ITEM #5. e) AB - 3294 City Council Regular Meeting - 27 Feb 2023 SUBJECT/TITLE: Interagency Agreement for 2023 and 2024 CPA #6358149 (CAG-23- 013) with King County for the Waste Reduction and Recycling Grant RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Administration STAFF CONTACT: Linda Knight, Sustainability & Solid Waste Manager EXT.: 7397 FISCAL IMPACT SUMMARY: This agreement provides $194,334 of grant funding into the 2023-2024 Solid Waste Utility budget for the implementation of waste reduction and recycling projects. This grant fully reimburses the city for expenditures related to the approved scope of work. There is no grant match required for the acceptance of these funds. Authorization is requested for additional budget appropriations in the amount of $194,334 offset by additional grant revenues of the same amount and will be included in the Q1 carryforward budget adjustment. SUMMARY OF ACTION: The Solid Waste Utility is eligible to receive $194,334of non-matching grant funding in 2023-2024 through the King County Solid Waste Division’s Waste Reduction and Recycling (WRR) Grant program. Projects funded through this grant include: • Recycling Events – a minimum of four events will be hosted to collect materials like scrap metal, Styrofoam®, tires, mattresses, and paper shredding. This continues the events that the city has historically provided to our community(ongoing program), • Residential Recycling Anti-Contamination – a continuation of the 2022 residential program, this addresses cart tagging audits for recycling contamination and a communication plan that will focus on improving the quality and quantity of recyclables captured through Renton’s curbside collection program(ongoing program), • Organics Diversion – in support of sustainable practices this new project will initiate an assessment of existing diversion activities in the business sector, identify barriers to behavior change, and develop implementation strategies to maximize organics diversion(newprogram), • Waste Prevention & Recycling (WPR) Education, Outreach & Policy – this provides general support for the city’s In-HouseRecycling program, as well as general WPR public education through social media and other communication channels (ongoing program). EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the InteragencyAgreement for 2023 and 2024 CPA #6358149(CAG 23-013) with King County to accept $194,334 of non-matching grant funds to implement waste reduction and recycling programs. AGENDA ITEM #5. f) 1 CPA # 6358149 CAG 23-013 INTERAGENCY AGREEMENT FOR 2023 and 2024 Between KING COUNTY and the CITY OF RENTON This two-year Interagency Agreement “Agreement” is executed between King County, a Charter County and political subdivision of the State of Washington, and the City of Renton, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and City will be referred to as “Party” or “Parties.” PREAMBLE King County and the City of Renton adopted the 2019 King County Comprehensive Solid Waste Management Plan (Comp Plan), which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the Comp Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B and incorporated herein by reference. Grant funding for this program is subject to the budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the Comp Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work, which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. AGENDA ITEM #5. f) 2 II.RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A.The City 1.Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2023 and 2024 shall not exceed $194,334.00. 2.This Agreement provides for distribution of 2023 and 2024 grant funds to the City. However, grant funds are not available until January 1, 2023. 3.During this two-year grant program, the City will submit a minimum of two (2), but no more than eight (8), progress reports to the County in a form determined by the County. Reports must be signed by a City official. These reports will include: a.a description of each activity accomplished pertaining to the scope of work; and b.reimbursement requests with both a Budget Summary Report Form, which is attached hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form, which is attached hereto as Exhibit E and incorporated herein by reference, unless the City has a spreadsheet similar to the Expense Summary Form already in use, in which case the City is free to use that spreadsheet instead of the Expense Summary Form. The City will submit the form or similar spreadsheet and not submit backup documentation for grant expenses. If backup documentation is submitted, SWD will not retain it. The City shall maintain this documentation in its records. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County on the last day of the month following the end of each quarter (April 30, July 31, October 31, January 31), except for the final progress report and request for reimbursement, which shall be due by March 21, 2025. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County by March 15, 2024 and March 21, 2025. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5th working day of January 2024 and January 2025, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. AGENDA ITEM #5. f) 3 4.If the City accepts funding through this grant program for the provision of waste reduction and recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 5.The City shall be responsible for following all applicable Federal, state, and local laws, ordinances, rules, and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City’s bid, award, or contracting process. 6.During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 7.During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 8.The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 9.The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the County and/or by federal or state officials as so authorized by law. 10.The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2025. AGENDA ITEM #5. f) 4 11.The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County’s name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: “artwork provided courtesy of King County Solid Waste Division” and/or “text provided courtesy of King County Solid Waste Division.” 12.The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the materials. 13.The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City’s event, the City is exempt from having to provide the brochure to King County. 14.If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the agreed upon areas listed in Exhibit A. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 15.This project shall be administered by Linda Knight, Sustainability & Solid Waste Manager, or designee. B.The County: 1.The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by the city and is subject to the King County Council’s budget approval process. Provided that the funds are allocated through the King County Council’s budget approval process, grant funding to the City will include a base allocation of $10,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. AGENDA ITEM #5. f) 5 2.Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City’s report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 3.The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City’s name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: “artwork provided courtesy of the City of Renton” and/or “text provided courtesy of the City of Renton.” 4.The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 5.The waste reduction and recycling grant program shall be administered by Lucy Auster, Project Manager, King County Solid Waste Division, or designee. III.DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2023 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2023, and shall terminate on June 30, 2025. The City shall not incur any new charges after December 31, 2024. However, if execution by either Party does not occur until after January 1, 2023, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2023 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II.A of the Agreement. AGENDA ITEM #5. f) 6 IV.TERMINATION A.This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C.If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. V.AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Amendments will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. Funds may be moved between tasks in the scope of work, attached as Exhibit A, upon written notification by the City to King County. VI.HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the County arising out of or incident to the City’s execution of, performance of, or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. AGENDA ITEM #5. f) 7 VII. INSURANCE A.The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII.ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX.TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X.SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. AGENDA ITEM #5. f) 8 XI.NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Lucy Auster, Project Manager, or a provided designee King County Solid Waste Division Department of Natural Resources and Parks Lucy.auster@kingcounty.gov If to the City: Linda Knight, Sustainability & Solid Waste Manager, or a provided designee City of Renton 1055 South Grady Way Renton, WA, 98057 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City of Renton King County ______________________________________ BY___________________________________ Armondo Pavone, Mayor Pat D. McLaughlin, Director Solid Waste Division For Dow Constantine, King County Executive ______________________________________ _____________________________________ Date Date City of Renton ATTEST: ______________________________________ Jason A. Seth, MMC, City Clerk ______________________________________ Date City of Renton Approved as to Legal Form: ______________________________________ Cheryl Beyer, Senior Assistant City Attorney, for Shane Moloney, City Attorney ______________________________________ Date AGENDA ITEM #5. f) 9 AGENDA ITEM #5. f) KING COUNTY SOLID WASTE 202 3 -2024 WRR GRANT - CITY OF RENTON SCOPE OF WORK APPLICANT City of Renton Solid Waste Utility 1055 South Grady Way Renton, WA 98056 PROGRAM King County Solid Waste - WRR PROJECT MANAGERS Linda Knight Sustainability & Solid Waste Manager Lknight@rentonwa.gov TBD- Solid Waste Program Manager Julie Pursell Senior Sustainability Specialist JPursell@rentonwa.gov FUNDING REQUESTED Total $194,334 Base $146,762 RCE $47,572 TASK OUTLINE Task 1: Recycle Events & Vouchers Task 2: Residential Recycling Anti-Contamination Phase II Task 3: Commercial Organics Diversion Task 4: General WPR Education & Outreach AGENDA ITEM #5. f) 2023-2024 WRR GRANT - RENTON Page 2 2 TASK 1 Recycling Collection Events & Vouchers SCHEDULE January 2023 – December 2024 GOAL To increase residential recycle opportunities of materials not collected curbside To divert recyclable materials from landfill disposal DESCRIPTION The City of Renton has provided recycling collection events for materials not collected at the curb since the early 1990s. Most of the materials collected originally did not have convenient or cost-effective recycling opportunities for community members. Over the past three decades, opportunities for recycling many items previously collected at these large events have increased both within the city limits and the region. The city views this task, as a transition to a more sustainable strategy for promoting recycling materials not collected at the curb. Renton has shifted its strategy for providing collection events to offering event recycling for materials that have limited local access and/or that have proven problematic in the curbside collection program. Events will be offered to the community as in the past, but with a focus on only one or two materials at each event. Renton plans to offer a minimum of four events during the grant cycle. Information about local recycling opportunities will be distributed to interested participants. For some materials, where there is local recycling access, but cost may be a factor, the city may also consider offering vouchers to customers on a first -come, first-serve basis. Materials we are currently considering for event recycling include: •Shredded Paper •Styrofoam •Mattresses •Large Metals •Tires EVALUATION •number of participants, •the number and/or volume of material collected •cost/participant AGENDA ITEM #5. f) 2023-2024 WRR GRANT - RENTON Page 3 3 TASK 2 Residential Recycle Anti-Contamination Program Phase II SCHEDULE February 2023– December 2024 GOALS To improve the overall quality of recyclable materials collected and delivered to regional material recovery facilities. To reduce the number and amount of contaminants collected in the residential recycle program. DESCRIPTION With the introduction of single-stream recycling in 2009, as well as the expansion of the types of material accepted in its residential recycling program the City of Renton has experienced increased levels of contamination in both its recycle and compost collection programs. The introduction of new policies by China that set strict limits on contaminants for recyclable materials entering their country has placed additional strain on our region’s efforts to process and market the materials collected. While Renton has followed regional guidelines to eliminate certain materials from their curbside and multifamily programs, such as plastic bags, and shredded paper, it is clear that additional efforts are needed to reduce contaminants, and improve the overall quality of recyclables entering the collection and processing system. Renton initiated a Residential Recycle Anti-Contamination Cart-tagging Pilot project (Pilot) in the 4th quarter of 2022 (still in progress at time of this submittal). The goal for the Pilot was to develop and implement recycling cart-tagging protocols and collect data that can be used to inform future recycling anti-contamination strategies that change public behavior, increase the volume of recyclables collected and improve the overall quality of materials in customer carts. Cascadia Consulting was hired to complete the detailed study. Before completion of the 2022 project, Cascadia, and their field crew in collaboration with Republic Services will have audited customer carts for two full routes, two times, a total of 10 days of cart-tagging field work. Early data has identified similar contaminates in a majority of Renton residential recycling carts. To fully understand recycling conditions in Renton that will serve to inform education and outreach campaigns, more cart-tagging is required to test customer acceptance of cart tagging, and other strategies to reach our goal of increasing the amount and quality of recyclables collected in Renton’s curbside program. This task proposes a Phase II of Renton’s Residential Recycling Anti-Contamination Program. The City intends to contract with Cascadia Consulting in 2023 to continue cart-tagging for a minimum of one additional round of cart-tagging for the same study participants as was completed in 2022. Several practical and operational issues were identified in 2022 with AGENDA ITEM #5. f) 2023-2024 WRR GRANT - RENTON Page 4 4 Republic Services that pulls into question the intended success of cart-tagging strategies once the program protocols are transferred to the collection contractor. Cascadia, in collaboration with City staff will continue to engage with Republic Services as necessary to work through contract and operational issues to ensure sustainability of this important customer feedback program. In addition to the cart-tagging component of Phase II, the consultant and city staff will identify and implement where practicable, additional education campaigns that will support the objectives of the Recycling Anti-Contamination program. EVALUATION Evaluation will include both quantitative as well as qualitative measures from study data such as the number of carts tagged, and the number of customers with improved performance from the initial phase of the Pilot. If any additional anti-contamination education campaign is implemented the city will include customer engagement metrics. TASK 3 Commercial Organics Landfill Diversion SCHEDULE June 2023-December 2024 GOAL Increase businesses awareness of food waste and strategies to prevent waste Increase overall diversion of commercial organics DESCRIPTION Renton’s collection contract offers limited composting services for its business community. In 2021 less than .1% of commercial solid waste collected through the city’s contractor was composted. While there are private businesses, such as Cedar Grove Composting, that provide commercial organics collection and composting, the city does not currently receive external data about the number of businesses that use these services. Additionally, the city does not receive private business reports about organics tonnage collected and diverted from landfill disposal. The city is interested in expanding its knowledge and understanding of how businesses are currently handling their food waste and what barriers exist that prevent them from initiating activities to handle this waste stream more sustainably. AGENDA ITEM #5. f) 2023-2024 WRR GRANT - RENTON Page 5 5 The purpose of this project is to initiate an assessment of existing organics diversion activities within the business community, barriers to behavior change, and identification of implementation strategies that hold promise for sustained diversion of food waste and other organics from landfilling. Information gleaned from the assessment will be used to develop a business-focused organics diversion program that uses a variety of strategies including policy development, education, events, collection and outreach partnerships, and business engagement that increases Renton businesses’ awareness of the impacts of food waste and diverts compostable organics from landfilling. EVALUATION The city will evaluate the project based on completion of the assessment and development of a multi-year business organics diversion program. The evaluation may also include findings or results of any specific organics diversion activity implemented during the grant period. AGENDA ITEM #5. f) 2023-2024 WRR GRANT - RENTON Page 6 6 TASK 4 General WPR Education, Outreach & Policy SCHEDULE January 2023-December 2024 GOAL Increase awareness and practice of waste prevention and recycling DESCRIPTION Using a variety of strategies including education & outreach, social media, and creative events, increase resident, business, and Renton staff knowledge and practice of waste prevention in the community. Areas of interest may include but are not limited to: •In House Recycling •Sustainable Product Procurement •Promotion of local recycling businesses and materials they accept •General WPR education using print and digital media •Food waste reduction EVALUATION Using low-cost survey tools, staff will evaluate customer knowledge and/or practice of strategies promoted for topic areas explored. Evaluation of this task may also include the type and number of approaches used throughout the grant-reporting period. AGENDA ITEM #5. f) 1 Exhibit B 2023-2024 WRR Grant Guidelines Program Eligibility: The King County Solid Waste Division (SWD) has prepared a list of Re+ Action Ideas that expands on the WRR Case Studies shared in the past two grant cycles and that includes new creative and innovative project ideas for WRR Grant proposals/scopes of work (Attachment 3). The goal of this list is to offer ideas for innovative projects beyond current WRR SOWs including, ideas for incorporating Equity and Social Justice into all of our work such as transcreating materials and signage into top spoken languages in King County. The list offers ideas for influencing waste prevention and recycling consistent with Title 10 of King County Code, the King County Strategic Climate Action Plan, and the King County 2019 Comprehensive Solid Waste Management Plan (Comp Plan), all of which have policies to achieve Zero Waste of Resources by 2030. SWD strongly encourages consideration of these projects in the development of grant proposals and encourages Cities to leverage WRR grant funds with multi-city projects. Grant funds may be used for a variety of WRR related programs consistent with the Comp Plan. Cities are encouraged to work together to leverage funds and have a greater influence on waste prevention and recycling. Cities may choose to use their funding on one program or a combination of programs. For WRR program ideas, please refer to the Re+ Action Ideas, which includes the examples below. Sample Re+ Actions •Food Waste – Food rescue infrastructure investment – supporting hunger relief organizations and food banks with resources like food storage, trucks, etc. •Community - Establishing tool and other equipment libraries or other sharing initiatives, e.g., borrow party packs for picnics and birthday parties. •Paper/Plastic Recycling - Multi-family - Technical assistance and in-person outreach to increase recycling in multifamily complexes, with an emphasis of a multicultural and multilingual approach such as through Spanish speaking Facilitadores and or use of other regularly spoken languages for a particular housing community. •Banning single-use items in dine-in restaurants and hotels, e.g., coffee cups, water bottles, mini personal care items, etc. •Conduct food waste audits and implement customized food waste recycling programs in economically and culturally diverse communities. In addition, below are project examples included in the Case Studies shared in the last two grant cycles. Sample Case Study Actions •City Development of Contracts for “Responsible Recycling.” •Purchase School Milk Dispensers and Reusable Cups to Replace Single-use Milk Cartons. •City of Bellevue Recycling Unusual of Bulky Items. •City of Kirkland Organics Contamination Enforcement – Cart Tagging AGENDA ITEM #5. f) 2 Please contact Lucy Auster at 206-477-5268 or lucy.auster@kingcounty.gov if you have questions about specific program eligibility and/or consistency with the Comp Plan. The following are not eligible for funding: •Collection of garbage, except for residual garbage related to the collection of recyclables. •Household Hazardous Waste (HHW) education programs. •Collection of any household hazardous waste items including, but not limited to: treated wood, paint, lead acid batteries, oil, gasoline, and antifreeze, fluorescent lights. Cities should pursue funding for HHW collection or education programs through the King County Hazardous Waste Management Program (Haz Waste) or the Washington State Department of Ecology Local Solid Waste Financial Assistance (LSWFA) Program. Grant Administration Requests for Reimbursement: Cities may submit as few as one request for reimbursement per year during the funding cycle, due no later than March 16, 2024 and March 14, 2025. Alternately, Cities may submit requests for reimbursement as frequently as quarterly. A Budget Summary Report Form and an Expense Summary Report Form must be used when submitting requests for reimbursement and will be provided to Cities when the grant agreements are executed. Accrual Reporting: By the 5th working days of January 2024 and January 2025, Cities must notify SWD of the amount of their total expenditures for work that has been completed in the previous year but for which a request for reimbursement has not yet been submitted so that SWD can accrue the amounts. Progress Reports Progress reports describing program activities, accomplishments, and evaluation results must accompany each request for reimbursement. All progress reports must be signed by a City official and be submitted via email. Amendments Amendments to grant Interagency Agreements (IAAs) are unnecessary unless the City wishes to significantly change its scope of work. In general, a significant change would be one in which the City wishes to add or delete a task from its scope of work. Amendments will only be approved if the proposed change(s) is/are consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. A minor change, such as moving dollars between tasks, would only require written notification, which may be submitted via e-mail. However, the City should contact SWD when considering changes to their scopes to determine if an amendment is needed. AGENDA ITEM #5. f) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/12/2023 Seattle-Alliant Insurance Services, Inc. 1420 Fifth Ave 15th Floor Seattle WA 98101 Jamie Arnoldi 949-627-7000 Jamie.Arnoldi@alliant.com Safety National Casualty Corpo 15105 RENTON0-01 City of Renton 1055 S Grady Way Renton WA 98057-3232 1209770977 A X 1,000,000 X 500,000 1,000,000 X Per Member Y XPR4067991 1/1/2023 1/1/2024 1,000,000 SIR 300,000 RE: King County WRR Grant – King County Agreement #6203499 (King County) King County Solid Waste Division is included as additional insured per policy provisions. King County Solid Waste Division Recycling and Environmental Services Section 201 S. Jackson St, Suite 701 Seattle WA 98104 Exhibit CAGENDA ITEM #5. f) Exhibit D City: Invoice #: Total amount requested this period: Total amount previously invoiced: Original interlocal amount: Total amount charged to date: Amount remaining for completion of interlocal: Task # 1 2 3 4 5 6 7 For King County Use Contract # Project Org Task Purchase Order #Requisition #Receipt Supplier #Supplier Pay Site Invoice #Payment Type Total charges this period are approved for paymen Project Manager:Date BUDGET SUMMARY REPORT FORM 2023-2024 Waste Reduction & Recycling Grant Program Date: Address:Phone: Report Period: -$ Preparer's Name:Contract #: -$ Scope of Work Budget Current Amount Description Quarter Previously -$ Remaining (Task/title)Costs Invoiced Balance -$ -$ -$ -$ -$ -$ 1126942 720122 Exp.Account 54150 22.000' $ TOTALS -$ -$ -$ -$ 0 AGENDA ITEM #5. f) Exhibit DExhibit D AGENDA ITEM #5. f) Exhibit E King County Waste Reduction Recycling Grant Expense Summary Form City of ____________ Reimbursement Request # _______ Date _____________ Contract # _________ Task Title & No.Vendor Date of Service Item Description Invoice No.Amount Paid Total 0 2023-2024 Grant Cycle AGENDA ITEM #5. f) AB - 3287 City Council Regular Meeting - 27 Feb 2023 SUBJECT/TITLE: 2023-2024 ORCA Business Cards and Business Passport Products Agreement RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Dan Hasty, Transportation Planner EXT.: 7217 FISCAL IMPACT SUMMARY: This agreement allows for the purchase of 309 ORCA passes for u se by eligible City employees for a total cost of $80,537.76. The cost of the agreement will be charged to the CTR Transit account number 003.000000.015.542.91.43.005 in the Transportation Planning & Programming Operating Fund. There are sufficient funds available to cover the cost of the agreement. SUMMARY OF ACTION: In order to reduce congestion and improve air quality, Washington State passed a Commute Trip Reduction (CTR) Law in the early 1990s. Under the CTR law, the City of Renton is classified as a CTR affected employer. Historically, the City has entered into annual agreements with transit agencies to purchase public transit passes in bulk at a reduced rate. These passes are provided to each regular City employeeas a core fundamental piece of the City’s CTR Program. The ORCA Business Passportoffers unlimited rides on Sound Transit, King County Metro Transit, Pierce Transit and others. It covers travel on buses, light rail and commuter rail. In addition, itfeatures100% subsidies for vanpool and vanshare participants of King County Metro, Community, Kitsap and Pierce transitvehicles,as well as a Guaranteed Ride Home Program (fre e emergency taxi service for employees).There is a significant savings over buying transit passes through ORCA Program ala carte. The cost per eligible employee decreased from $268.64 during the 2022-2023 agreement term to $260.64 for the 2023-2024 agreement term. The costdecrease per eligible employee this year is due to a recalculation of the City’s ORCA Business Passport based on the user employees’ actual usage in 2022 -2023 including any administrative costs. In addition, between 2021 and 2023King C ounty Metro calculated a higher cost per eligible employee based on an anticipated ridership figure during the Covid event which reflected additional Free Ride areas that were put in place to respond tolow ridership numbers during Covid. Finally, the total cost for the 2023-2024 period reflects a decrease from 313 eligible employees to 309 eligible employees. EXHIBITS: A.2023-2024 ORCA Business Cards and Business Passports Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the 2023-2024 ORCA Business Cards and Business Passports Agreement AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 1 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 A GREEMENT FOR PURCHASE OF ORCA BUSINESS CARDS AND ORCA BUSINESS PASSPORT PRODUCTS THIS AGREEMENT (hereinafter, “Agreement”) is made and entered into by and among City of Renton WA ("Business Account") and King County Metro ("Lead Agency") on behalf of the following agencies, individually referred to as the “Agency” and collectively as t he "Agencies" in this Agreement. The Snohomish County Public Transportation Benefit Area (“Community Transit”) The City of Everett (“Everett Transit”) The King County Metro Transit Department (“King County Metro”) The Kitsap County Public Transportation Benefit Area (“Kitsap Transit”) Pierce County Public Transportation Benefit Area Corporation (“Pierce Transit”) The Central Puget Sound Regional Transit Authority (“Sound Transit”) The Washington State Department of Transportation, Ferries Division ("Washington State Ferries") IN CONSIDERATION of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 PURPOSE 1.1 This Agreement establishes the terms under which certain fare payment-related services, referred to herein as "ORCA Services," will be provided to the Business Account, including but not limited to the prices and terms under which the Business Account may purchase and distribute ORCA Business Cards loaded with a Business Passport Product to its Eligible Business Cardholders. Such ORCA Business Cards may be used to access certain Transportation Services of the Agencies. The specific ridership privileges applicable to the Business Passport Product provided under this Agreement are specified in Attachment 1, Products, Pricing and Terms, which is incorporated in this Agreement by this reference, and are subject to Sections 6 and 18 below. Businesses must at a minimum cover all benefits-eligible employees except those who work 100% remote. Additional participants can be included. Eligibility is defined in Attachment 3 Eligible Participants. 1.2 Attachment 1 also establishes the terms under which specific optional products and services (e.g. use of an ORCA Business Card on vanpool; a guaranteed ride home program per Attachment 6 Guaranteed Ride Home, attached hereto), if any, shall be provided by one or more individual Agencies. 1.3 This Agreement also enables the Business Account to purchase Business Choice Products from the Agencies, via the myORCA.com website, at the prices and terms in effect at the time of purchase. 1.4 The Business Account understands and agrees that this Agreement applies to its use of ORCA Services including, but not limited to, its purchase of ORCA Business Cards and ORCA Products. This Agreement does not constitute a contract for transportation services. The Agencies have no obligation to the Business Account or any other entity or person to provide any particular level, frequency or routing of transportation service. AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 2 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 2.0 TERM OF AGREEMENT AND CONTACT PERSONS 2.1 This Agreement shall take effect upon the effective date specified in Attachment 1. Unless terminated in accordance with Section 14, this Agreement shall expire on the last day of the Program Term specified in Attachment 1, or an Amended Attachment 1 that has been signed by a person authorized to bind the Business Account. 2.2 The Business Account shall designate a Primary Contact Person in Attachment 2 Designated Representatives, which is incorporated in this Agreement by this reference. This Primary Contact Person shall be responsible for managing the Business Account's roles and responsibilities under this Agreement. A Secondary Contact Person shall also be designated in Attachment 2. The Lead Agency may communicate with and rely upon either the Primary or Secondary Contact Person on matters relating to this Agreement. 3.0 DEFINITIONS 3.1 Business Account. The organization, educational or human services institution, government agency or other entity that has entered into this Agreement enabling it to purchase ORCA Business Cards and ORCA Products for distribution to their employees, students, clients or other constituency. 3.2 Business Choice Products. The ORCA Products that may be purchased at retail prices to supplement the ORCA Business Passport Product for one or more Business Cardholders (e.g. a WSF monthly pass). 3.3 Business Cardholder(s) or Cardholder(s). The individual(s) whose ORCA cards are loaded by and/or may be provided by the Business Account. 3.4 Business Passport Product. The ORCA Product loaded on the Business Account's ORCA Business Cards under this Agreement that provides the Business Cardholders an unlimited right-to-ride the regularly scheduled Transportation Services of, or operated by, certain Agencies to the extent specified in Attachment 1. 3.5 Card Close. An ORCA system action that permanently invalidates an ORCA Card. The Business Account, Lead Agency or Cardholder with access may close cards. 3.6 Card Lock. An ORCA system process action that prevents an ORCA Business Card from being used until the action is reversed. The Business Account, Lead Agency or Cardholder with access can lock and unlock cards. 3.7 Lead Agency. The Agency that entered into this Agreement on behalf of itself and the other Agencies and, except as otherwise provided in this Agreement, is responsible for administration of this Agreement on behalf of the Agencies, including contract modifications and renewals, and ORCA system support 3.8 ORCA Website. The myORCA.com website used by the Business Account to manage its account. 3.9 ORCA. The trademarked name of the system that enables use of a common fare card on the public transportation services provided by any of the Agencies. 3.10 ORCA Business Card (or “Business Card”). An ORCA fare card managed by a Business Account to enable the loading of ORCA Products for use by a Cardholder to whom it was distributed by the Business Account to access Transportation Services as specified in AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 3 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 Attachment 1. These cards must be purchased with the business card profile of full access or the account must be set to have the global ownership flag. The fare card may be a physical card or if approved by the Lead Agency, a virtual fare card application. 3.11 Load-Only ORCA Card. An ORCA fare card managed by an individual which can be linked to a Business Account with load-only privileges. Load-only privileges allow the Business Account to load products and/or E-purse value. The Business Account does not have the ability to close the card, transfer card balances or check card balance 3.12 ORCA Products. Any transit fare payment mechanism offered for sale within the ORCA system by any of the Agencies. Examples include, but are not limited to, monthly or period pass, and E- purse. 3.13 ORCA Services. The materials and services that may be provided, from time to time, under the ORCA program, including but not limited to the ORCA Business Cards, ORCA Products, ORCA Websites, data, information, and any equipment, systems and services related to the ORCA program. 3.14 Parties. The Business Account and the Agencies (which include the Lead Agency) referred to herein collectively as the "Parties" and individually as a “Party.” 3.15 Transportation Services. Those public transportation services provided by the Agencies that are specified in Attachment 1. 4.0 PRICES AND PAYMENT TERMS The prices and payment terms applicable to this Agreement are specified in Attachment 1. Such terms shall include: (a) the amounts due for the Business Cards, Business Passport Product, and any other products, services and fees and (b) the timing of payments. Each order submitted by the Business Account for ORCA Business Cards and/or any ORCA Products will be subject to the provisions of this Agreement. 4.1 The Business Account's purchase of any Business Choice Products via the myORCA.com website will be at the prices and terms in effect at the time of order. The Business Account is responsible for reviewing the prices in effect before submitting each order and shall be deemed to have agreed to the then-applicable prices by submitting the order. 4.2 Payment in full is due as specified in Attachment 1. 4.3 If for any reason payment in full is not received by the date due, if a payment is not honored due to non-sufficient funds (NSF), or if for any reason a payment is negated or reversed, Sound Transit, on behalf of the Lead Agency will notify the Business Account of the payment problem and if full and clear payment is not received within ten (10) days of such notification, the Lead Agency may: 4.3.1 Refuse to process new orders for ORCA Business Cards and lock the loading of new ORCA Products by or for the Business Account; 4.3.2 Assess any late payment, NSF and collection fees to the maximum amount permitted by law; 4.3.3 Initiate a Card Lock on the Business Cards issued to the Business Account, rendering them ineffective for use by the Cardholders, until such time as the Business Account AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 4 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 pays the full amount due, including any late payment, NSF and fees, in a manner acceptable to the Lead Agency; and 4.3.4 Suspend or terminate access rights to the Business Account's secured area of the website. 4.4 In addition to any other obligations it may have under this Agreement and at law, the Business Account agrees to pay to the Lead Agency any reasonable court costs, attorney fees and collection fees incurred in collecting amounts due from the Business Account. 4.5 Sound Transit, on behalf of the Lead Agencies, will be responsible for invoicing and receiving amounts due per this Agreement, unless otherwise described in this Agreement Payments will be remitted to: Central Puget Sound Regional Transit LB 1194 PO BOX 35146 Seattle, WA 98124-5146 Wire /ACH instructions will also be available. 5.0 PURCHASE, OWNERSHIP, DISTRIBUTION AND REPLACEMENT OF ORCA BUSINESS CARDS 5.1 Ordering ORCA Business Cards. The Business Account shall order ORCA Business Cards via the ORCA Website, in accordance with the directions provided on that website, and shall make payment as provided in Attachment 1. If additional cards are required, the Business Account may be required to pay the standard card fee and other applicable fees as specified in Attachment 1. 5.2 Receipt and Ownership of ORCA Business Cards. Upon actual or constructive receipt of the ORCA Business Cards it has ordered, the Business Account shall be responsible for the management of the ORCA Business Cards. The Business Account shall be deemed to have constructively received all ordered ORCA Business Cards unless it notifies the Lead Agency of any non-delivery or incorrect delivery within thirty (30) days after the order was placed. If the Business Account notifies the Lead Agency that it has not received the ordered cards, the Lead Agency will ship a replacement order. If the Business Account subsequently receives the cards reported as missing, the Business Account is responsible for returning them to the Lead Agency. 5.3 Storage and Risk of Loss. The Business Account is responsible for the storage, distribution and use of the ORCA Business Cards issued to it. The Business Account bears the sole risk of any loss, damage, theft or unauthorized use of one of its cards, whether such card is held in its inventory or has been distributed for use. The Business Account is responsible for the cost of any use of its Business Cards until the effective date of a Card Close or Card Lock that may be initiated as provided below. 5.4 Distance Based Transit Fare. The Business Account is responsible for communicating to Cardholders that “distance based fares” are charged on some systems such as: Link light rail, and Sounder commuter rail systems. On distance based fare modes, when the Cardholder “taps on,” the ORCA system will record the trip to the last stop on the line. When the Cardholder “taps off” at the end of the ride, ORCA will record the actual ride. The Business Account then will be charged the correct fare for the actual ride taken. If the Cardholder fails to “tap off”, then ORCA AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 5 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 will record a ride to the end of the line. The result of not “tapping off” is that the Business Account will be charged the largest fare for the ride even if a shorter ride was taken. 5.5 Distribution of ORCA Business Cards. The Business Account is responsible for distributing its Business Cards for use by its Eligible Business Cardholders. The Business Account manages all Business Cards it distributes but a cardholder may also purchase and load individual ORCA Products on a Business Card. The Business Account understands that a Business Card it distributes to a Cardholder may be linked by the Cardholder to his/her/their personal account on myorca.com as provided in Section 6. The Business Account may not register the Business Cards that are issued under this Agreement to a personal account. The Business Account shall require that the Cardholder, as a condition of receiving a Business Card, be informed of the Cardholder Rules of Use, incorporated in this Agreement as Attachment 4 ORCA Business Cardholder Rules of Use, through the Business Account’s’ standard means of communicating policies. The Business Account understands and agrees that it is solely responsible for implementation and enforcement of the Cardholder Rules of Use. 5.6 Proof of payment. The Business Account is responsible for notifying Cardholders that proof of payment must be made by tapping the ORCA Card on the card reader in the manner required by each Agency; otherwise, the Cardholder may be subject to a fine if the ORCA Card is not tapped, and the Cardholder will be personally responsible for any fines that may be imposed. 5.7 Business Account Access to Personally Identifying Information. If an individual Cardholder opts to register one of the Business Cards issued to the Business Account, any personally identifying information provided to the ORCA System (e.g. name, address, telephone number, and credit card number) will not be accessible by the Business Account. If the Business Account collects any personally identifying information about individuals to whom it has distributed Business Cards, the Business Account is solely responsible for its collection, use, storage and disclosure of such information. 5.8 Card Locks and Card Close. In the event a Business Card is determined to be lost or stolen or if a Cardholder is determined by the Business Account to be no longer eligible to use the card, the Business Account may initiate a Card Lock, which is reversible action, or a Card Close, which is a permanent action, via the myORCA.com website to invalidate the subject Business Card. The Lead Agency may also initiate a Card Lock or Card Close to any of the Business Account’s Business Cards at the request of the Business Account, or at the sole discretion of the Lead Agency in accordance with Section 4.3, or if it is suspected that a card has been altered, duplicated, counterfeited, stolen or used by an ineligible Cardholder. 5.9 Restoration of Value After Card is Locked or Closed. Following a Card Lock, a Business Account can transfer remaining funds and products onto a replacement card. Business Account will be responsible for card replacement fee. 5.10 Card Replacement. The Business Account is responsible for ordering and paying for any new cards needed to replace Business Cards that for any reason cease to be available or suitable for use by the Cardholders under the program of the Business Account, including but not limited to, if the unavailability or unsuitability is caused by damage, abuse, loss, theft, Card Close, and end of useful life. Provided, however, and notwithstanding the exclusion of warranties in Section 15, if a Business Card malfunctions within twelve (12) months after it was delivered to the Business Account, it shall be replaced by the Lead Agency without additional charge to the Business Account if the malfunction was caused by a defect in design, material or workmanship and was not caused by misuse, an intentional act, negligence or damage, reasonable wear and AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 6 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 tear excepted. The Business Account understands and agrees that to avoid the disruption and inconvenience caused by sporadic failures as its cards are used, it must plan for replacement of its Business Cards on a regular basis. As a condition of continuing under the Business Passport program, the Business Account agrees that it will purchase replacement Business Cards at the then-applicable rate. 6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS Cardholder Privileges. The Business Account understands and agrees that the Cardholder has the following privileges in connection with the use of an ORCA Business Card. 6.1 The Cardholder may present an ORCA Business Card, loaded with a valid, applicable Business Passport or Business Choice Product, to an ORCA fare transaction processor as proof of payment of all or a portion of a required fare on a regular transportation service operated by one or more of the Agencies. (Provided, however, an ORCA Product that is not sufficient to fully pay a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases, a Cardholder will be required to make other payment to the extent a fare is not covered by an ORCA Product. 6.2 The Cardholder may individually purchase ORCA Products and load them on the Business Card in addition to any ORCA Product loaded by the Business Account. Individual ORCA Products may be used to pay all or a portion of a required fare on a transportation service not covered by a Business Passport Product or Business Choice Product. (Provided, however, an ORCA Product that is not sufficient to fully pay a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases, a Cardholder will be required to make other payment to the extent a fare is not covered by an ORCA Product. 6.3 The Cardholder may link his/her/their name and other contact information with the ORCA system and link such personal information to the serial number of the Business Card provided to him/her. Such registration does not give the Cardholder full access to the card but may give the Cardholder the right to access the myORCA.com website to view the card's transaction history and current stored value, and to add retail products. 6.4 The Cardholder’s personally identifying information is generally exempt from disclosure under the Washington Public Records Act (Chapter 42.56 RCW) as more specifically outlined in RCW 42.56.330(5). 7.0 BUSINESS RESPONSIBILITIES AND PRIVILEGES RELATING TO LOAD-ONLY CARDS 7.1 The Business Account understands that if it links an individual’s ORCA card to their Business Account with load-only privileges the Business Account will have limited access. The Business Account will be able to load products and/or E-purse on the account and unlink the card from its account. The Business Account will not be able to close the card, transfer products and/or E- purse value, or view card balance. 7.2 When the load-only card holder is no longer eligible for a transit benefit, the Business Account is responsible for unlinking the card from their account. 8.0 NO RETURNS OR REFUNDS Except as otherwise provided herein or in Section 14.2, the Business Account understands and agrees that its purchases of Business Cards, and Business Passport or Business Choice products purchased for such cards, are final and it is not entitled to any refunds. However, the Business Account may request a refund of the E-purse value remaining on a Business Card if the card is closed. The Lead Agency AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 7 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 shall initiate a Card Close and the refund will be processed approximately ten (10) days after the Card Close was initiated. A processing fee of ten dollars ($10) may be payable by the Business Account to the Lead Agency for each refund that is processed, regardless of number of cards refunded. The Business Account, not the Lead Agency, is responsible for the refunding of such E-purse value, if any, to the individual Cardholder to whom the Business Card had been distributed. 9.0 BUSINESS ACCOUNT WEBSITE 9.1. The myORCA.com website is the primary means by which the Business Account shall purchase ORCA Business Cards, Business Passport and Business Choice Products, manage its Business Cards and obtain information about the use of said cards. As a condition of participation in the Business Passport program, the Business Account agrees that it will use the myORCA.com website when it is available and that each access and use of said website shall be subject to the ORCA Terms of Use and ORCA Privacy Statement that are in effect and posted on the myORCA.com website at the time of such access and use. 9.2. The Business Account understands and agrees that uninterrupted access to and use of the myORCA.com website is not guaranteed and agrees that it will contact its representative at the Lead Agency by email or telephone if the website is not available. 9.3. At the time the Business Account enters into the ORCA program, the Business Account’s Primary Contact (Super Admin) will be provided a password to access myorca.com. The Super Admin will be responsible for adding additional admins to the Business Account. The Business Account is solely responsible for managing their account’s users. The Business Account is also solely responsible for complying with the security standards specified in Attachment 5 ORCA Business Account Security Standards, which is incorporated in this Agreement by this reference. 10.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM 10.1 The Business Account understands and agrees that the data, reports or any information provided to it via the myORCA.com website or otherwise, is and remains the sole property of the Agencies and nothing shall be construed as a transfer or grant of any copy right or other property interest in such data, reports or information. The Agencies hereby grant to the Business Account a non-exclusive license to use any data, reports or information provided by the Agencies, via the myORCA.com website or otherwise, for any lawful purpose related to the administration of the transportation benefits program of the Business Account. 10.2 The ORCA System will record data each time an ORCA Business Card is presented to an ORCA device for fare payment and to load a product. Such transaction data includes, but is not limited to, the date, time, and location (or route) of the transaction. The Business Account may routinely access such transaction data related to its Business Cards to the extent provided via the myORCA.com website. Said website and its reports do not provide the Business Account Business Card transaction data linked to card serial numbers for the purpose of preventing fraud, the Primary Contact Person of the Business Account may submit a written request to the Lead Agency for transaction data related to a specific card number or for a card number linked to a specific transaction. Fraud is defined as intentional deception or misrepresentation by a person with knowledge that it will result in an unauthorized benefit to him, her, or some other person. The submittal is not intended to be used to request data for multiple cards or all cards managed by the Business Account. The written request shall include the following: 10.2.1 Card number or the date, time and other known details about the specific transaction for which a card serial number is being requested; 10.2.2 Detailed statement as to why the information is germane to the prevention of fraud; and AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 8 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 10.2.3 The signature of the Primary Contact Person. If the Lead Agency determines that the subject transaction(s) is linked to a Business Card issued to the Business Account, the Lead Agency will provide the Business Account with the card serial number linked to the requested transaction(s). The Business Account agrees that it will use such card serial number information only for purposes of enforcing the Rules of Use, as provided to the Cardholder. The Business Account must maintain its own records if it wishes to identify the card serial number issued to an individual. 11.0 PUBLIC RECORDS The Business Account understands and agrees that all records related to its participation in the ORCA System are public records under the Washington Public Records Act (Chapter 42.56 RCW) ("Act"), including but not limited to: (a) this Agreement and the sales activity hereunder; (b) the orders, communications, and any other information provided by the Business Account to the Lead Agency, the other Agencies or the ORCA System, whether provided via this website or otherwise and whether provided in hard copy or electronic form; (c) any communications, responses, requests, reports or information of any kind provided to the Business Account from the Lead Agency, the other Agencies or the ORCA System; and (d) all data, reports and information of any kind related to the loading of products on, and the use of, the Business Cards issued to the Business Account. As public records, these records will be made available for public inspection and copying upon request, unless the Lead Agency determines they are exempt from disclosure. 12.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT The Business Account is encouraged to collect Business Cards from Cardholders who are no longer eligible for the Business Account's transportation benefits program. In any case, the Business Account is solely responsible for initiating a Card Lock or Closing a Card in accordance with this Agreement to prevent any continued use of, and financial liability for, a card that had been distributed to a person who is no longer eligible. 13.0 ORCA SERVICES SUBJECT TO CHANGE The Agencies seek to continually improve and enhance the ORCA Services. With thousands of organizations, schools, and other entities entering into business account agreements at varying dates in the year, the Agencies are unable to guarantee to each business account that the ORCA Services will not change during the term of its agreement. The Business Account understands and agrees that one or more ORCA Services may be changed, suspended or terminated from time to time without prior notice to, or agreement by, the Business Account, including but not limited to changes in the look, feel, content and functions of the myORCA.com website. If the Business Account is dissatisfied with a change in the ORCA Services, however, it may terminate this Agreement for its convenience in accordance with the provisions of Section 14.2. 14.0 TERMINATION 14.1 The Lead Agency may at any time terminate this Agreement if the Business Account fails to make timely and effective payment of all amounts due, or otherwise materially breaches the Agreement, or acts in manner indicating that it intends to not comply, or is unable to comply, with the Agreement. To effect such a termination for cause, the Lead Agency shall send email notice to the last known email address for the last known Primary Contact Person of the Business Account describing the manner in which the Business Account is in default and the effective date of termination. If the basis for termination is a failure to perform that can be cured, the termination shall not take effect so long as the Business Account cures the default within ten AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 9 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 (10) days of the sending of the email notice. Upon the effective date of such termination, the Lead Agency may immediately terminate the website access privileges of the Business Account, lock the Business Cards issued to the Business Account and decline to accept and fulfill any pending or new orders from the Business Account. In the event of such a termination for cause, the Business Account shall not be entitled to any refund of any amounts paid. 14.2 Either the Business Account or the Lead Agency may terminate the Agreement without cause and for its own convenience by sending the other Party written or email notice at least thirty (30) days in advance of the effective date of the termination. Upon receipt of a notice of termination for convenience from the Business Account, the Lead Agency may, in its sole discretion, waive the advance notice period and immediately terminate the website access privileges of the Business Account, initiate a Card Lock on the Business Cards issued to the Business Account, and decline to accept and fulfill any pending or new orders from the Business Account. In the event of such a termination for convenience and not cause, the amounts due under this Agreement shall be calculated by the Lead Agency. (The amounts due for the ORCA Passport Product and any optional products listed in Attachment 1 shall be the annual amounts due prorated for the number of months during which the Passport Product and optional products were valid for at least one day.) If the Business Account has not paid in full all of the amounts due under this Agreement as of the termination date, the Business Account shall immediately pay the remaining amount due. If the Business Account has paid more than all of the amounts due under this Agreement as of the termination date, the Business Account shall be entitled to a refund of the excess it has paid. 14.3 Notwithstanding any termination of the Agreement, the Business Account shall remain liable to satisfy and comply with all of its obligations under this Agreement and at law with regard to, or arising out of, any orders submitted or any of its acts or omissions occurring prior to the effective date of the termination, including but not limited to paying all amounts due or incurred prior to the effective date of the termination and any fees, charges, collection costs or other costs arising from a failure to make timely and effective payment. 15.0 EXCLUSION OF WARRANTIES 15.1 ALL ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE” BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK. 15.2 BY WAY OF EXAMPLE, AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT: A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE UNINTERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS REQUIREMENTS; B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF USING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND C. ANY USE OF THE ORCA WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITE, WILL BE FREE OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS. 15.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES OF QUIET ENJOYMENT AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 10 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 OR NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. 15.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE AGENCIES OR THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY. 16.0 NOTICES 16.1 Any notice required to be given under the terms of this Agreement shall be directed either by email or regular mail to the Parties’ Designated Representatives, as specified in Attachment 2, or to the last person and address provided by a Party in accordance with Section 16.2. 16.2 Each Party shall immediately notify the other Parties of any changes to its Designated Representatives' contact information. The Business Account shall also immediately notify the Lead Agency of any changes in any other information provided in its application. 17.0 FORCE MAJEURE The Agencies and each of them shall be relieved of any obligations under this Agreement to the extent they are rendered unable to perform, or comply with such obligations as a direct or indirect result of a force majeure event, or any other circumstance not within such party’s control, including, but not limited to, acts of nature, pandemics, acts of civil or military authorities, terrorism, fire or water damage, accidents, labor disputes or actions, shutdowns for purpose of emergency repairs, or industria l, civil or public disturbances. 18.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES The purchase, distribution and use of Business Cards and ORCA Products by the Business Account and its Cardholders, and access to and use of the ORCA website, shall be subject to all applicable federal, state and local law, regulations, ordinances, codes and policies, including but not limited to the ORCA Cardholder Terms of Use and ORCA Privacy Statement (posted on the ORCA website and available in printed form upon request to the Lead Agency), and the Agencies' respective fares, transfer rules, codes of conduct and other operating policies and procedures. 19.0 PROHIBITED DISCRIMINATION The Business Account shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the administration of its transportation benefits program, the provision of ORCA Business Cards and ORCA Products, or the performance of any acts under this Agreement. The Business Account shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. 20.0 COMPLIANCE WITH APPLICABLE LAW The Business Account shall be solely responsible for compliance with all applicable federal, state and local laws, regulations, resolutions and ordinances, including, but not limited to, any provisions relating to the Business Account's provision of compensation, benefits or services to employees or others (e.g. including, but not limited to, transportation fringe benefits) and any reporting, tax withholding, or other obligations related thereto. The Business Account expressly acknowledges and agrees that it has not relied on any representations or statements by the Agencies and will not rely on them to provide any legal, accounting, tax or other advice with regard to the Business Account's provision of compensation, benefits or services to employees or others (e.g. including, but not limited to, transportation fringe benefits) and any reporting, withholding or other obligations related thereto. AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 11 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 21.0 LEGAL RELATIONS 21.1 No Partnership, Agency or Employment Relationship Formed. The Business Account and the Agencies are independent parties and nothing in this Agreement shall be construed as creating any joint venture, partnership, agency or employment relationship between and among them or their respective employees. Without limiting the foregoing, the Business Account understands and agrees that none of its employees or agents shall be deemed employees or agent, for any purpose, of any of the Agencies and the Business Account is solely responsible for the acts of its agents and employees and their compensation, wages, withholdings and benefits. 21.2 LIMITATION ON LIABILITY A. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM, ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO: 1. ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION PROVIDED TO THE BUSINESS ACCOUNT BY OR THROUGH THE ORCA SERVICES; 2. ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR PERMANENT CESSATION OF ANY SUCH SERVICES (OR FEATURES WITHIN A SERVICE); 3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY INFORMATION MADE AVAILABLE TO THE BUSINESS ACCOUNT, OR GENERATED BY THE USE OF THE ORCA SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE USE OF THE ORCA BUSINESS CARDS ISSUED UNDER THIS AGREEMENT; 4. THE BUSINESS ACCOUNT'S FAILURE TO PROVIDE THE LEAD AGENCY WITH ACCURATE ACCOUNT INFORMATION; AND 5. THE BUSINESS ACCOUNT’S FAILURE TO KEEP INFORMATION SECURE AND CONFIDENTIAL. B. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCURRED BY THE BUSINESS ACCOUNT UNDER ANY THEORY OF LIAIBILITY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, WHEN SUCH DAMAGES ARISE OUT OF, OR ARE RELATED TO, THIS AGREEMENT OR THE ORCA SERVICES, WHETHER OR NOT ONE OR MORE AGENCIES HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF ANY SUCH DAMAGES ARISING. C. TO THE EXTENT ONE OR MORE OF THE AGENCIES INCURS ANY LIABILITY FOR A BREACH OF THIS AGREEMENT, OR ANY DUTY RELATED TO THE ORCA SERVICES, AND SUCH LIABILITY THAT IS NOT EXCLUDED UNDER THE TERMS OF THIS AGREEMENT, THE EXCLUSIVE, AGGREGATE REMEDY AGAINST THE LEAD AGENCY AND EACH OTHER AGENCY WILL BE, AT THE OPTION OF THE AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 12 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 APPLICABLE AGENCIES: (A) THE CORRECTION, SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE ORCA SERVICES GIVING RISE TO THE BREACH, OR (B) A REFUND OF THE AMOUNT PAID BY THE BUSINESS ACCOUNT FOR THE ORCA SERVICE CAUSING THE DAMAGE, THE AMOUNT OF WHICH WILL NOT EXCEED THE DAMAGES (OTHER THAN THOSE EXCLUDED ABOVE) ACTUALLY INCURRED BY THE BUSINESS ACCOUNT IN REASONABLE RELIANCE. THE DAMAGE EXCLUSIONS AND LIMITATIONS ON LIABILITY IN THE AGREEMENT SHALL APPLY EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE. 21.3 No Waiver. The Business Account agrees that if the Lead Agency does not exercise or enforce any legal right or remedy which is contained in the Agreement or under applicable law, this will not be taken to be deemed to be a waiver or modification of the Lead Agency’s rights and remedies, and that those rights or remedies will still be available to the Lead Agency. 21.4 Governing Law and Forum. This Agreement and all provisions hereof shall be interpreted and enforced in accordance with, and governed by, the applicable law of the State of Washington and of the United States of America without regard to its conflict of laws provisions. The exclusive jurisdiction and venue for conducting any legal actions arising under this Agreement shall reside in either the Federal District Court or the State of Washington Superior Court, as applicable, that is located in the county in which the Lead Agency's primary administrative office is located. The Business Account hereby consents to personal jurisdiction and venue in said courts and waives any right which it might have to conduct legal actions involving the Agencies in other forums. 21.5 Attorneys' Fees and Costs. In the event of litigation between the parties related to this Agreement, the Court is authorized to award the substantially prevailing party its costs, fees and expenses including reasonable attorney fees to the extent authorized by the Court and permitted by applicable law. 21.6 Survival. Sections 4, 5, 10, 15 and 21 shall survive and remain effective notwithstanding any termination of this Agreement. 21.7 Use of ORCA name and logos. The Business Account understands and agrees that the "ORCA" name and logos are trademarked and that it will not copy or use them and any other trade names, trademarks, service marks, logos, domain names, and other distinctive features or intellectual property of the Agencies without written permission. The Agencies understand and agree the Business Account name and logo may be trademarked and that it will not copy or use them and any other trade names, trademarks, service marks, logos, domain names, and other distinctive features or intellectual property of the Business Account without written permission. 22.0 SUCCESSORS AND ASSIGNS This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, no Party may assign or delegate the duties performed under this Agreement without the written agreement by the Lead Agency, the Business Account and the assignee. 23.0 ENTIRE AGREEMENT AND WRITTEN AMENDMENTS This Agreement constitutes the entire agreement between the Business Account and the Lead Agency, on behalf of all Agencies, related to the Business Account's use of and access to ORCA Services (but excluding any services which Lead Agency may provide under a separate written agreement), and AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 13 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 completely replaces and supersedes any prior oral or written representations or agreements in relation to fare media consignment and sales or to ORCA Services. No oral agreements or modifications will be binding on the parties and any changes shall be effective only upon a written amendment being signed by the parties. 24.0 SEVERABILITY In the event any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable or invalid, then the meaning of that provision shall be construed, to the extent feasible, to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of the Agreement which shall remain in full force and effect unless the provisions that are invalid and unenforceable substantially impair the value of the entire Agreement to any party. 25.0 AUTHORITY TO EXECUTE Each party to this Agreement represents and warrants that : (i) it has the legal power and authority to execute and perform this Agreement and to grant the rights and assume its obligations herein; and (ii) the person(s) executing this Agreement below on the party’s behalf is/are duly authorized to do so, and that the signatures of such person(s) is/are legally sufficient to bind the party hereunder. 26.0 COUNTERPARTS This Agreement may be executed in two (2) counterparts, each one of which shall be regarded for all purposes as one original. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement as of the Effective Date. BUSINESS ACCOUNT City of Renton WA BY: \s1\ Name: Armondo Pavone Title: Mayor Date: \d1\ LEAD TRANSPORTATION AGENCY King County Metro BY: \s2\ Name: Ina Percival Title: Supervisor, Market & Business Development Date: \d2\ AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 14 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 ATTACHMENT 1 ORCA BUSINESS PASSPORT - PRODUCTS, PRICING AND TERMS Business Account: City of Renton WA Business Account Federal Tax ID #: 91-6001271 ORCA Business Account ID#: 2480 Agreement Type: Area-Based Passport Contract Program Term: 3/1/2023 - 2/28/2024 Business Passport Flat Rate Products • Valid for full and unlimited rides on: o Bus: Community Transit, Everett Transit, King County Metro, Kitsap Transit, Pierce Transit and Sound Transit o Ferry: King County Water Taxi, Kitsap Local Ferries and Fast Ferries o Monorail o Seattle Streetcar o Rail: Sound Transit Link light rail and Sound Transit Sounder (including Rail Plus partnership with Amtrak Cascades o ParaTransit Transportation: King County Metro Access, Kitsap Transit Access, and Pierce Transit SHUTTLE • Vanpool: 100% fare subsidy on Community Transit, King County Metro, Kitsap Transit, and Pierce Transit vanpool vans • Vanshare: 100% subsidy on Community Transit, King County Metro, Kitsap Transit and Pierce Transit vanshare vans • Guaranteed Ride Home: For details, see Attachment 6 Emergency Guaranteed Ride Home. Passport Zone and Worksite Location Employees Annual Rate per Employee Cost King County Suburbs – 1055 S Grady Way Renton, WA 309 $260.64 $ 80,537.76 New Card(s) 0 X $ 3.00 $ 0.00 Subtotal $ 80,537.76 Total $ 80,537.76 Card Logo Permission The Business Account hereby grants permission for the Agencies to print the Business Account's name and logo on the Business Account's ORCA Business Cards and no further permission is required. AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 15 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 Business Passport Flat Rate Payment Terms • Net 60 days Additional Information Additional Card Orders During the agreement term additional cards can be ordered at the standard card fee only. Amount of Eligible Participant contribution (Note: employees may contribute up to 50% of the Annual Rate per Employee) King County Suburbs – 1055 S Grady Way Renton, WA = 0% Business Choice Products Choice Products purchased by the Business Account will be prepaid by invoice, credit card or ACH, at prevailing retail rates. AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 16 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 ATTACHMENT 2 DESIGNATED REPRESENTATIVES BUSINESS ACCOUNT - Primary LEAD AGENCY - Primary Name John D Hasty Kay Mennie Title Transportation Planner Customer Relationship Manager Address 1055 S Grady Way Renton, WA 98057-3232 201 S Jackson St Seattle, WA 98104 Telephone (425)430-7217 (206) 477-4883 E-Mail jhasty@rentonwa.gov kay.mennie@kingcounty.gov BUSINESS ACCOUNT - Secondary LEAD AGENCY - Secondary Name Title Address Telephone E-Mail BUSINESS ACCOUNT - Billing Name John D Hasty Title Transportation Planner Address 1055 S Grady Way Renton, WA 98057-3232 Telephone (425)430-7217 E-Mail jhasty@rentonwa.gov Ellen Talbo Transportation Planning Manager 1055 S. Grady Way Renton, WA 98057-3232 (425) 430-7319 Etalbo@rentonwa.gov AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 17 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 ATTACHMENT 3 ELIGIBLE CARDHOLDERS Definition and Number of Eligible Cardholders Eligible Participant - Businesses must, at a minimum, cover all benefits-eligible employees except those who work 100% remote. Additional participants can be included. Definition of Eligible Participants All benefit-eligible employees Number of Eligible Participants 309 AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 18 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 ATTACHMENT 4 SAMPLE - ORCA BUSINESS CARDHOLDER RULES OF USE (Business account can customize content for means of communicating with employees) As a Business Account Cardholder, I agree to the following: 1. I understand that the ORCA Business Card is owned by the organization that provided it to me and it has been provided to me for my personal use only. I agree that I will not sell or transfer my assigned ORCA Card to another person. If I violate these terms of use, my ORCA Card may be blocked from further use. 2. I will keep my assigned ORCA Business Card secure and in good condition, and I will immediately report a lost, stolen, or damaged ORCA Business Card to my company’s Transportation Coordinator. I understand an ORCA Business Card will be replaced at the fee charged by my company. 3. I will return my assigned ORCA Business Card upon request or when I leave my employment or otherwise do not meet the eligibility requirements of my company. If I do not return my ORCA Business Card, I understand that it may be locked for further use. 4. I understand that my ORCA Business Card is valid for the following provided by the listed transportation Agencies. a. 100% of fares on regularly scheduled transportation service on Community Transit, Everett Transit, King County Metro, King County Water Taxi, Kitsap Transit and Kitsap Ferries, Monorail, Pierce Transit, Sound Transit, and Seattle Streetcar. b. 100% of vanpool and vanshare fares on vanpool services provided by Community Transit, Kitsap Transit, King County Metro, and Pierce Transit. 5. I understand and will comply with policies of my employer or other institution that provided my ORCA Business Card. 6. I understand that the ORCA Business Card is valid for fare payment only on transportation services specified in Section 4 and I am responsible for paying any additional fares required for services not covered, or not fully covered, by my assigned ORCA Business Card. 7. I understand that any additional ORCA Products I load onto my assigned ORCA Card will become the property of the company that owns my ORCA Business Card and the refund, if any, of such products will be made by the company according to its refund policy. 8. I understand in the event any ORCA Products I load onto my assigned ORCA Card must be replaced; I am responsible for any fares required during the replacement period. 9. I understand the ORCA system will record data each time I use my assigned ORCA Business Card. Data will include the date, time and location of the card when it is presented. I understand this data is owned by the transit Agencies and is accessible to the company that owns my ORCA Business Card. 10. I understand that the ORCA Card must be “tapped” on a card reader to show proof of fare payment or issuance of a valid fare. Merely showing the ORCA Card on a bus, train, ferry or light rail vehicle does not constitute proof of fare payment or issuance of a valid fare . I will be AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 19 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 subject to a fine if the ORCA Card is not "tapped," and I understand I will be personally responsible for any fines that may be imposed. 11. I understand that for the correct fare to be recorded, I must “tap” off on a card reader when exiting some transit systems. For example, I must "tap" off when exiting from a Sounder train or Link light rail. AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 20 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 ATTACHMENT 5 ORCA BUSINESS ACCOUNT SECURITY STANDARDS 1.0 Application Security 1.1 At the time the Business Account enters into the ORCA program a unique password will be used by each Business Account authorized to enable access to myORCA.com. 1.2 The Business Account shall use a strong password that meets the following criteria: a. Length - At least eight (8) characters in length or the maximum length permitted by the ORCA system, whichever is shorter. b. Elements - Contains one each of at least one character from each of the following four (4) groups: 1. English upper case letters (A, B, C...) 2. English lower case letters (a, b, c...) 3. Westernized Arabic numbers: 0, 1, 2...9 4. Special characters: #%&$*!@^()[]{}<>\|?/'"+=., 1.3 The Business Account shall restrict access to the myORCA.com website by providing its user id and password to only the employee(s) who have a business "need to know" and who are authorized by the Business Account as "system user(s)". If the password is updated for reasons listed in (a) or (b), then the security questions for that same account shall be updated as well. 1.4 Access to the myORCA.com website is restricted to the purpose of authorized administrative support for the ORCA Business Account program 1.5 The Business Account's password shall be changed at least quarterly but also immediately upon (a) a system user leaving the Business Account's employment or otherwise losing his/her status as an authorized user; and (b) the Business Account learning that the password has been obtained by unauthorized persons or entities. 1.6 The Business Account’s Primary Contact will review security policies and guidelines with system users at least quarterly. 2.0 Physical Security 2.1 The Business Account shall require system users, when not at their workstations, to log off the myORCA.com website, or lock their screen using a password protected screen-saver in order to prevent unauthorized access. 2.2 ORCA card stock shall be kept in a secure/locked location with access limited to those administering the program. 2.3 The Business Account shall require its employees to keep printed reports containing account information in a secure location. AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 21 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 3.0 Incident Management 3.1 The Business Account shall report any security incident or suspected incident immediately to the Lead Agency. Examples of possible security incidents would be: introduction of computer viruses, unauthorized transactions or blocked cards, or lost or stolen card stock. AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 22 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 ATTACHMENT 6 GUARANTEED RIDE HOME PROGRAM 1.0 PURPOSE The purpose of this agreement is to define responsibilities of the Agency and the Business Account under the Guaranteed Ride Home program (hereinafter, “GRH.”) GRH guarantees payment for fees incurred by eligible employees who meet the eligible criteria, as set forth below, and have taken rides taken in accordance with the terms set forth below. This Agreement sets forth all the rights and duties of the parties with respect to the subject matter thereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. 2.0 DEFINITIONS 2.1 Eligible Employees Eligible Employees are individuals included in the Eligible Participant definition on Attachment 3 who traveled to work using an approved commute option on the day they wish to use GRH. 2.2 Program Coordinator The Program Coordinator is the Business Account’s designated staff person(s) or office responsible for administering GRH for each shift. 2.3 Approved Commute Options Eligible Employees must have commuted from their principal residence, transit center, or park & ride lot to the Business Account’s worksite by one of the following Approved Commute Options: bus, train, carpool, vanpool, walk-on or bicycle-on ferry, bicycle, walk or other non- drive alone commute option. 2.4 Eligible Reasons Eligible Reasons for using GRH are: a. Eligible Employee’s or family member’s unexpected illness or emergency. b. Unexpected schedule change such that the normal commute mode is not available for the return commute to the starting place of their commute. Unexpected means the employee learns of the schedule change that day. c. Missing the employee’s normal return commute to the starting place of their commute for reasons, other than weather or acts of nature, which are beyond the employee’s control and of which they had no prior knowledge. For example, the employee’s carpool driver left work or worked late unexpectedly. 2.5 Non-Eligible Reasons Non-Eligible Reasons for which GRH may not be used include, but are not limited to: a. Pre-scheduled medical or other appointments. b. To transport individuals who have incurred injury or illness related to their occupation. A AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 23 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 GRH ride should NEVER be used where an ambulance is appropriate, nor should a GRH ride replace Business Account’s legal responsibility under workers’ compensation laws and regulations. c. Employee termination or reductions in force. d. Other situations where, in the opinion of the Business Account’s Program Coordinator, alternate transportation could have been arranged ahead of time. e. Non-emergency side trips. f. Inclement weather. g. The individual has already met their trip limits for the year. h. To take ferry commuters any farther than the ferry dock. 2.6 Eligible Destinations Eligible Destinations for a ride under GRH from the Business Account’s work site are to: a. Eligible Employee’s principal place of residence. b. Eligible Employee’s personal vehicle, e.g. vehicle located at a transit center or park & ride lot. c. Eligible Employee’s usual commute ferry terminal on the east side of Puget Sound. d. To a medical provider in an unexpected situation. e. To an intermediate stop if it meets the criteria set forth below. 2.7 Intermediate Stops An Intermediate Stop is a stop from the work site at an intermediate location before going on to an Eligible Destination that is directly related to an emergency (i.e. pick up a necessary prescription at a pharmacy; pick up a sick child at school), is requested in advance by the Eligible Employee and is authorized in advance by the Business Account’s Program Coordinator. 3.0 BUSINESS ACCOUNT RESPONSIBILITIES 3.1 Program Coordinator Business Account shall designate as many Program Coordinators as necessary to administer and perform the necessary GRH program tasks as set forth in this Attachment. 3.2 Number of GRH Rides per Eligible Employee Business Account shall ensure that each Eligible Employee does not exceed eight (8) GRH rides per twelve (12) month period. There is a 60 mile trip limitation one way (employee will pay the remainder of the fare beyond 60 miles). King County shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of Business Account or the Eligible Employee taking the GRH ride. 3.3 Access to Service Business Account shall make information about how to access GRH rides available to all Eligible Employees. 4.0 GRH PROGRAM TASKS 4.1 Process AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 24 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 To access GRH rides, Eligible Employees shall contact the Program Coordinator. The Program Coordinator shall call an answering service provider directly, contracted by King County. The phone number is 425-450-4555. Program Coordinator shall screen and obtain the following information from the Eligible Employee and provide the information to the answering service provider as part of arranging the taxi ride for the Eligible Employee. 1. Verify the Eligible Employee has commuted to the worksite by an eligible mode. 2. Verify the Eligible Employee has an Eligible Reason and Eligible Destination for a GRH ride. 4.2 Reporting 1. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee a completed receipt of the taxi trip. 2. Business Account’s Program Coordinator shall forward copies of such receipts to King County at the end of each month for record keeping and accounting purposes. 5.0 AGENCY RESPONSIBILITIES 5.1 Agency shall provide Business Account Program Coordinator with procedures, guidelines and all documents needed to facilitate the program. Agencies will conduct evaluations of program’s effectiveness. 5.2 Indemnification Business Account agrees the Agency is not responsible for providing transportation services under the GRH program. Business Account further agrees that the Agency makes no guarantee or warranty as to the availability, quality or reliability of transportation service, and that the Agency’s sole obligation under the program is to make payment of the transportation provider for trips actually taken in accordance with the terms of this Agreement. Business Account agrees it shall make no claims of any kind or bring any suits of any kind against the Agency for damages or injuries of any kind arising out of or in any way related to the GRH program. Without limiting the foregoing and by way of example only, the Business Account agrees that the Agency shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before, during or after a ride or for any injuries or damages caused by failure of a transportation company to provide a ride due to negligence, intentional acts or causes beyond their control, including but not limited to incidence of fire, flood, snow, earthquake or other acts of nature, riots, insurrection, accident, order of any court or civil authority, and strikes or other labor actions. 5.3 Payment of Authorized GRH King County shall pay the metered fare amount of a Business Account’s Program Coordinator- authorized GRH ride, as defined in the DEFINITIONS section above. Business Account’s payment for GRH services is accounted for in the base price of the ORCA Passport Agreement, as indicated in Attachment 1. 5.4 Reporting The Agency shall keep a complete record of all authorized GRH ride requests and provide a copy of this record to Business Account's designated Program Coordinator if requested. 5.5 Program Abuse The Agency reserves the right to investigate and recover costs from and/or disqualify the Business Account for intentional abuse of the GRH program by Eligible Employees. Program AGENDA ITEM #5. g) ORCA Business Passport Agreement Page 25 of 25 City of Renton WA - BAID : 2480 Program Term : 3/1/2023 - 2/28/2024 abuse is defined as, but not limited to, taking more than the maximum rides per agreement period, taking trips for inappropriate reasons, unauthorized destinations and Intermediate Stops, and pre-scheduled appointments not defined in the DEFINITIONS section above. The Agency shall also have the right to recover costs from and/or disqualify a Business Account who knowingly, willingly or intentionally violates the terms of this Agreement by authorizing ineligible or inappropriate trips or failing to fulfill their responsibilities as described in this Agreement. 5.6 Amendment and Termination This Agreement and any of its terms or provisions may be amended by written agreement of the parties. All amendments to this Agreement shall be in writing and signed by the persons authorized to bind the parties to this Agreement and as provided herein. The Agreement may be terminated by either the Agency or the Business Account for convenience and without cause by giving written notice of such termination to the other party at least thirty (30) days prior to the effective date of such termination. This Agreement shall continue in force until terminated by either party or until the Business Account’s ORCA Business Passport Agreement is terminated, whichever comes first. The Agency shall have the right to terminate the Agreement immediately if the Business Account places the Agency or the public at undue risk as determined by Agencies, or if the Business Account’s ORCA Business Passport Agreement is suspended or terminated. AGENDA ITEM #5. g) AB - 3292 City Council Regular Meeting - 27 Feb 2023 SUBJECT/TITLE: Agreement with Osborn Consulting, Inc. for Final Design of the SE 172nd St & 125th Ave SE Green Stormwater Infrastructure Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Kevin Evans, Surface Water Utility Engineer EXT.: 7264 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $132,614 is available from the approved 2022 Surface Water Utility Capital Improvement Program budget for the SE 172nd St / 125th Ave SE Green Stormwater Infrastructure project (427.475504). There is sufficient funding in the 2022 project budget ($142,456), which will be requested to be carried forward into 2023, to fund the agreement. SUMMARY OF ACTION: The SE 172nd St / 125th Ave SE Green Stormwater Infrastructure projectwill retrofit approx. 2.41 acres of untreated stormwater runoff from roadways within the Cascade neighborhood by providing enhanced basic water quality treatment of stormwater runoff using Ecology-approved General Use Level Designation (GULD) facilities. The project also constructs previous sidewalks and implements storm system imp rovements to replace aging and deteriorating infrastructure and reconfigure the storm network to reduce private property flooding potential. In 2019, the Surface Water Utility solicited proposals from consultants in accordance with City policy 252 -02 and selected Osborn Consulting, Inc. to perform the design work for this project.The original professional services contract and amendment no. 1 included engineering design up to 90%, geotechnical services, surveying, and environmental review. As the previo us contract has expired, a new contract is required for this work. This new contract includes the preparation of a revised 90% design that addresses gas, water, and sewer utility conflicts that were not identified in the latest design iteration. This contr act will include survey workand,temporary construction easement supportnot previously included in the original agreement or amendment.This contract includes,andpreparation of revised 90% and final construction plans, design report, specifications, and cost estimate, adjusted for utility conflicts and updates to the City’s driveway and sidewalk standards. Upon the completion of the previous design iteration, and coordination with Soos Creek Water and Sewer District, it was determined that the risk of conflicts with Soos Creek facilities is high. Soos Creek potholed 26 water and side sewer linesto aid in identifying potential conflicts. Additionally, Puget Sound Energy potholed multiple gas lines in the project area. These 105 utility potholes will be surveyed and shown on the profiles. The proposed storm system will be modified as necessary to resolve potential conflictswith SoosCreek Water and Sewer District and PSE facilities. This contract will ultimately produce the final plans, specifications, and cos t estimate. As it is currentlyscoped to only produce a revised 90% design package, it will be amended to add funding to complete the final plans and specification if required. AGENDA ITEM #5. h) EXHIBITS: A. Agreement B. Project Map STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the agreement for final design engineering services with Osborn Consulting, Inc in the amount of $132,614 for the SE 172nd St & 125th Ave SE Green Stormwater Infrastructure Project. Funding for this contract is available in project (427.475504) which will be carried forward to the 2023 Budget in the 1st Quarter Budget Adjustment. AGENDA ITEM #5. h) AGREEMENT FOR FINAL DESIGN OF THE SE 172ND ST & 125TH AVE SE GREEN STORMWATER INFRASTRUCTRE PROJECT THIS AGREEMENT, dated for reference purposes only as February 1, 2023, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Osborn Consulting Inc. (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide necessary services for the final design of the SE 172nd St Green Stormwater Infrastructure project as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibits B and C or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit D. All Work shall be performed by no later than December 31, 2023. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $132,614, 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 Exhibits B and C. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibits B and C. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the AGENDA ITEM #5. h) PAGE 2 OF 10 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. 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 AGENDA ITEM #5. h) PAGE 3 OF 10 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. 9. Independent Contractor Relationship: AGENDA ITEM #5. h) PAGE 4 OF 10 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 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #5. h) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, 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 #5. h) 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 Kevin Evans 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7264 CONSULTANT Cheyenne Covington 1800 112th Avenue NE Bellevue, WA 98004 Phone: (425) 451-4009 AGENDA ITEM #5. h) PAGE 7 OF 10 krevans@rentonwa.gov cheyennec@osbornconsulting.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 #5. h) 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 Kevin Evans. 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 #5. h) 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 Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #5. h) PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Robert Parish Vice President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 5/21/2021 Clb 12/23/22 2350 AGENDA ITEM #5. h) 4,514 376 SE 172nd St & 125th Ave SE GSI Project This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 11/5/2020 Legend 2560128 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 256 WGS_1984_Web_Mercator_Auxiliary_Sphere City and County Labels City and County Boundary Parcels Environment Designations Natural Shoreline High Intensity Shoreline Isolated High Intensity Shoreline Residential Urban Conservancy Jurisdictions Streams (Classified) <all other values> Type S Shoreline Type F Fish Type Np Non-Fish Type Ns Non-Fish Seasonal Unclassified Not Visited Wetlands Network Structures Access Riser Inlet Manhole Utility Vault Clean Out Unknown FIG. 2: PROJECT AREA PROJECT Area 121st Ave SESE 172nd St122nd Ave SE123rd Ave SE124th Ave SE125th Ave SE127th Ave SESE 170th PlAGENDA ITEM #5. h)