HomeMy WebLinkAboutCouncil 10/22/2012AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
October 22, 2012
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.SPECIAL PRESENTATION
a. Sound Transit: Proposed Bus Route Changes & Longacres Commuter Rail Station Update
4.PUBLIC HEARING
a. 2012 Comprehensive Emergency Management Plan
5.ADMINISTRATIVE REPORT
6.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
comment period will be limited to one‐half hour. The second comment period later on in the
agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to
the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME.
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.
7.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 10/15/2012. Council concur.
b. Mayor Law appoints to the Airport Advisory Committee the following individuals: Kenneth A.
Williams, West Hill neighborhood ‐ primary (position previously held by Roger Lewis), for a
new term expiring 5/7/2015; and Scott Pelletier, The Boeing Company Representative (position
previously held by Keith Searles), for an unexpired term expiring 5/7/2014. Refer to
Community Services Committee.
c. Community and Economic Development Department requests authorization to allocate
Highlands Subarea Long Range Planning funds in the amount of $280,000 to support parks
planning in the Sunset Area, and $277,000 to support the City's match for a transportation
grant for the Highlands to Landing Pedestrian trail; and authorization to carry‐forward the
remaining balance of $95,000 to 2013. Refer to Planning and Development Committee.
d. Community Services Department recommends approval of a second amendment to LAG‐05‐
001, lease with Vision House, to extend the term for an additional three years for the City‐
owned Edlund Property house located at 10062 SE Carr Rd. Refer to Finance Committee.
e. Executive Department recommends confirmation of the appointment of Chip Vincent as the
new Community and Economic Development (CED) Administrator, effective 6/15/2012, at Step
Page 1 of 99
A of the Grade m49 salary range. Council concur.
f. Fire and Emergency Services Department recommends approval of an agreement with the
Washington State Military Department to accept Department of Homeland Security Emergency
Management Performance Grant funds in the amount of $104,347, to support the emergency
management program. Council concur.
g. Police Department requests approval of a memorandum of understanding with the Washington
State Traffic Safety Commission to accept grant funds in the amount of $7,500 for overtime
funding for Target Zero Team traffic safety emphasis patrols. Council concur.
h. Transportation Systems Division requests approval of a rent increase for all City‐owned T‐
Hangar units at the airport from $372.21 to $393.62 per month plus leasehold excise tax.
Refer to Transportation (Aviation) Committee.
i. Transportation Systems Division requests approval of a rent increase for all Aircraft Tiedown
Storage spaces at the airport from $88.62 to $106.34 per month plus leasehold excise tax.
Refer to Transportation (Aviation) Committee.
j. Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier Ave. S. Storm System
Project, and requests approval of the project, final pay estimate in the amount of $9,500,
commencement of a 60‐day lien period, and release of retainage bond in the amount of
$994,925 to James W. Fowler Company, contractor, if all required releases are obtained.
Council concur.
8.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. Public Safety Committee: 2012 Comprehensive Emergency Management Plan*
9.RESOLUTIONS AND ORDINANCES
Resolution:
a. 2012 Comprehensive Emergency Management Plan (See 8.a.)
Ordinances for first reading:
a. 2013/2014 Water, Wastewater, and Surface Water Utility Rates (Approved via
10/15/2012 Committee of the Whole Report)
b. 2013/2014 Solid Waste Rates (Approved via 10/15/2012 Committee of the Whole Report)
10.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
11.AUDIENCE COMMENT
12.ADJOURNMENT
Page 2 of 99
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
October 22, 2012
Monday, 5 p.m.
Councilmember Taylor's "Governing for Racial Equity" Conference Request; Budget Delibertations
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 3 of 99
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Appointment to Renton Airport Advisory
Committee (RAAC) - Kenneth A. Williams and
Scott Pelletier
Meeting:
Regular Council - 22 Oct 2012
Exhibits:
Memorandum-Staff Recommendation- Kenneth A.
Williams;
Memorandum-Staff Recommendation- Scott
Pelletier;
Williams' Application for Boards, Commissions or
Committees
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
April Alexander, Executive Assistant, x6520
Recommended Action:
Refer to Community Services Committee
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Mayor Law appoints the following to the Renton Airport Advisory Committee:
Mr. Kenneth A. Williams, 410 SW Langston Place, Renton, WA 98057, West Hill Neighborhood Primary
position, with a term expiring 5/7/15.
Mr. Scott Pelletier, The Boieng Company representative, with an unexpired term expiring 5/7/14.
STAFF RECOMMENDATION:
Confirm Mayor Law's appointments of Mr. Williams and Mr. Pelletier to the Renton Airport Advisory
Committee.
7b. ‐ Mayor Law appoints to the Airport Advisory Committee the
following individuals: Kenneth A. Williams, West Hill neighborhood ‐ Page 4 of 99
7b. ‐ Mayor Law appoints to the Airport Advisory Committee the
following individuals: Kenneth A. Williams, West Hill neighborhood ‐ Page 5 of 99
7b. ‐ Mayor Law appoints to the Airport Advisory Committee the
following individuals: Kenneth A. Williams, West Hill neighborhood ‐ Page 6 of 99
7b. ‐ Mayor Law appoints to the Airport Advisory Committee the
following individuals: Kenneth A. Williams, West Hill neighborhood ‐ Page 7 of 99
7b. ‐ Mayor Law appoints to the Airport Advisory Committee the
following individuals: Kenneth A. Williams, West Hill neighborhood ‐ Page 8 of 99
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Allocation of Highlands Subarea Funds
Meeting:
Regular Council - 22 Oct 2012
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Chip Vincent x6588
Recommended Action:
Refer to Planning and Development Committee
Fiscal Impact:
Expenditure Required: $ $557,000 Transfer Amendment: $$557,000
Amount Budgeted: $ $1,500,000 Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Authorize the use and transfer of the Highlands Subarea Long Range Planning funds to support parks
planning ($280,000) in the Sunset Area and to support the match for a Transportation grant ($277,000)
for the Highlands to Landing pedestrian trail.
Allow the remaining balance of the fund, or $95,000, to be carried over into 2013.
STAFF RECOMMENDATION:
Authorize the use and transfer funds in the Highlands Subarea Long Range Plan account to advance
transportation, parks, and neighborhood planning efforts consistent with the adopted 2009 Sunset Area
Community Investment Strategy.
7c. ‐ Community and Economic Development Department requests
authorization to allocate Highlands Subarea Long Range Planning funds Page 9 of 99
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:October 22, 2012
TO:Rich Zwicker, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Chip Vincent, Administrator
STAFF CONTACT:Chip Vincent, x6588
SUBJECT:Allocation of Highlands Subarea Funds
ISSUE
Should money from the Highlands Subarea fund be allocated to assist with projects
consistent with the Sunset Area Community Investment Strategy?
RECOMMENDATION
Authorize the use and transfer of remaining funds in the Highlands Subarea Long Range
Plan account to advance transportation, parks, and neighborhood planning efforts
consistent with the adopted 2009 Sunset Area Community Investment Strategy.
BACKGROUND SUMMARY
In 2005, Council created a $1.5 million fund for the Highlands Subarea Long Range Plan
to promote revitalization of the Sunset Area of the Renton Highlands. To date
approximately $848,000 of that fund has been expended on consulting services,
completion of the Sunset Area Planned Action and EIS, and sidewalk improvements.
One of the products of those expenditures was the Sunset Area Community Investment
Strategy, adopted by Council in 2009. This document identified nine areas for City
investment in the Sunset Area. These areas include: supporting redevelopment of
Sunset Terrace, improvements to Sunset Boulevard, parks and recreation
improvements, and "Green Connections" local and sub-regional stormwater
improvements.
City staff pursued funding opportunities to implement the Community Investment
Strategy. Public Works obtained $983,000 from the Washington State Legislature for a
regional stormwater facility at Sunset Terrace, which is to be planned in conjunction
with a new neighborhood park. Community Services requests a transfer of $280,000
from the Highlands Subarea fund to cover planning costs for the park, which are not
covered in the grant from the Legislature. Public Works has also secured $1.7 million in
federal dollars through the Puget Sound Regional Council for a non-motorized
7c. ‐ Community and Economic Development Department requests
authorization to allocate Highlands Subarea Long Range Planning funds Page 10 of 99
Allocation of Highlands Subarea Funds
Page 2 of 2
October 22, 2012
h:\ced\city council\issue papers\2012\issue paper - request to hire building inspector at step e.doc
transportation grant to connect the Sunset Area with the Landing. They request a
transfer of $277,000 from the Highlands Subarea fund to use as a part of the match for
their grant.
Dedication of these amounts would total $557,000, and the remaining balance of
$95,000 would remain in the Highlands Subarea fund and be carried over into 2013.
cc:Jay Covington, CAO
Iwen Wang, FIT Administrator
7c. ‐ Community and Economic Development Department requests
authorization to allocate Highlands Subarea Long Range Planning funds Page 11 of 99
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Vision House Second Lease Addendum for Edlund
Property house at 10062 Carr Rd
Meeting:
Regular Council - 22 Oct 2012
Exhibits:
Issue Paper
Addendum to Lease
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Peter Renner, Facilities Director, Ext. 6605
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$1/Year
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Vision House, a Social Service Agency, has proposed to extend by Addendum their Lease of the City-
owned house on the Edlund property, located at 10062 SE Carr Road, Renton, WA 98055 for $1/year.
The current Lease Addendum expires on December 31, 2012.
Business terms of the original Lease remains as-is. They include the opportunity to extend the Lease for
one year at the end of the three-year addendum term; retention of termination rights with a 60-day
notice by either the City or the tenant; permission for Vision House to make alterations and
improvements, and to maintain and make repairs entirely at their own expense as well as to pay all
utilities. Vision House assumes any excise tax liability and has the obligation to maintain liability
insurance that meets City risk management guidelines.
STAFF RECOMMENDATION:
Approve the 2nd lease addendum with Vision House and authorize the Mayor and City Clerk to sign
7d. ‐ Community Services Department recommends approval of a second
amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 12 of 99
H:\Facilities\Facilities Director\Peter Renner\IssuePaperRHAedlund2012 4/10/2012
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE:October 8, 2012
TO:Rich Zwicker, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Community Services Administrator
STAFF CONTACT:Peter Renner, Facilities Director, Ext. 6605
SUBJECT:Second Addendum to Lease (LAG-05-001) with Vision House
for a house on Carr Road on the Edlund Property
Issue:
Should Council authorize the Mayor and City Clerk to sign a three-year Lease Addendum
with Vision House?
Recommendation:
Council authorize the Mayor and City Clerk to sign the Lease Addendum.
Background:
·In 2005, the City purchased land on Carr Road known as the Edlund Property for
future park and open space use.
·There are no immediate plans or funds to develop the property.
·There are two usable homes on the property. One house is leased by the Renton
Housing Authority for use as a low-income rental house and the second is leased by
Vision House for social program use.
·Because Vision House (VH) provides social programs of benefit to the City of Renton
that the City does not have the resources to provide, it was agreed to lease the
house for $1 per year.
·We are proposing a three-year extended lease term plus a one-year renewal.
·VH helps homeless men who are in the second stage of recovering from substance
abuse. Thirty-eight (38) men have completed the program and now live in
permanent housing.
·Since VH acquired use of the house in 2005 they have had a 62% success rate, with
only two men who left without notice. This is a very good success, especially
considering that most of the men are long time substance abusers.
·Inspections of the home have shown that the tenants and case manager are keeping
the house and immediate environs in very good condition and at a high level of
cleanliness.
·Any issues related to the property use have been minor and dealt with immediately.
7d. ‐ Community Services Department recommends approval of a second
amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 13 of 99
Rich Zwicker, Council President
Members of Renton City Council
Page 2 of 2
October 8, 2012
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Conclusion:
Extending the lease term for three more years provides the City with a social service
program that meets a vital community need while maintaining the asset value of the
property.
cc:Jay Covington, Chief Administrative Officer
Iwen Wang, Finance & IS Administrator
Larry Warren, City Attorney
Garmon Newsom, Assistant City Attorney
7d. ‐ Community Services Department recommends approval of a second
amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 14 of 99
ADDENDUM TO LEASE - 1
SECOND ADDENDUM TO LEASE
WHEREAS, the City of Renton (“City”) as Landlord, and Vision House (“Tenant”),
entered into that certain Lease dated January 31, 2005 for property legally described in that
Lease; and
WHEREAS, the parties wish to amend the term of that Lease;
NOW, THEREFORE, the parties do hereby agree that paragraph 2, Term, is hereby
amended to read as follows:
2.TERM: This Lease shall be extended for an additional three (3) years,
beginning January 1, 2013. After the extended three-year term of this Lease, it
shall be automatically renewed for one (1) additional year, unless notice of
termination is given by the City or the Tenant, pursuant to the termination section
of this Lease, such notice given at least 60 days prior to the end of the term of this
Lease.
Except as modified herein, all terms of the initial Lease shall be remain in full force and
effect.
DATED: ______, 2012
CITY OF RENTON:
By: _______________________________
7d. ‐ Community Services Department recommends approval of a second
amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 15 of 99
ADDENDUM TO LEASE - 2
TENANT:
VISION HOUSE:
By:_________________________________
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ________________________ is
the person who appeared before me, and who signed this instrument, on oath stated that s/he was
authorized to execute the instrument and acknowledged it as the ________________ of the City
of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
DATED: January____, 2012
_____________________________
Notary Public in and for the State of
Washington, residing at __________.
My appointment expires:
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ________________________ is
the person who appeared before me, and who signed this instrument, on oath stated that s/he was
authorized to execute the instrument and acknowledged it as the ________________ of Vision
House to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED: January ____, 2012
_____________________________
Notary Public in and for the State of
Washington, residing at __________.
My appointment expires:
7d. ‐ Community Services Department recommends approval of a second
amendment to LAG‐05‐001, lease with Vision House, to extend the term Page 16 of 99
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Appointment of Community & Economic
Development (CED) Administrator
Meeting:
Regular Council - 22 Oct 2012
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
Jay Covington, CAO, x6500
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ 125,117.00 Transfer Amendment: $
Amount Budgeted: $ 152,317.00 Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
In March 2012, the position of Community & Economic Development (CED) Administrator was vacated.
Mayor Law appointed Chip Vincent, Planning Director, as interim administrator for the CED department
effective March 23, 2012. Chip Vincent was then appointed CED Administrator effective June 15, 2012.
Under RMC 1-4-3, this postion is subject to confirmation by a majority of the members of the City
Council.
Because the CED Administrator position was included in the 2012 budget, there is no additional cost to
the city.
STAFF RECOMMENDATION:
Confirm the appointment of Chip Vincent to the CED Administrator position; Grade m49, step A,
effective June 15, 2012.
7e. ‐ Executive Department recommends confirmation of the
appointment of Chip Vincent as the new Community and Economic Page 17 of 99
EXECUTIVE DEPARTMENT
M E M O R A N D U M
DATE:October 22, 2012
TO:Rich Zwicker, President, Renton City Council
Members of the Renton City Council
CC:Denis Law, Mayor
Nancy Carlson, HR/RM Administrator
FROM:Jay Covington, Chief Administrative Officer
SUBJECT:Appointment of Community and Economic Development
Administrator
Issue:
Should the Council confirm the appointment of Chip Vincent to the position of Community
and Economic Development Administrator, with a retroactive appointment date to June 15,
2012?
Recommendation:
As provided in Renton Municipal Code 1-4-3, confirm the appointment of Chip Vincent as
Community and Economic Development Administrator, Grade m49, step A, effective June
15, 2012.
Background:
On March 23 of this year, Mayor Denis Law appointed Chip Vincent as the Interim
Administrator for the City of Renton’s Community and Economic Development (CED)
Department. Chip’s appointment followed the resignation of Alex Pietsch, who left Renton
after he was appointed by Governor Christine Gregoire to head the Office of Aerospace.
Vincent was hired by the City in 2008 as Director of Planning. In that role, he supervised the
work of the planning division, which included applying and enforcing the city’s zoning,
shoreline management, and environmental ordinances; reviewing and processing all land
use and subdivision permit applications; representing the city on state, regional and
county-level growth and planning-related boards and committees; and providing technical
and professional support to the Planning Commission and City Council. Prior to his
employment in Renton, Vincent worked for over 20 years with Pierce County, serving as its
Advance Planning Division Manager for 14 of those years. Additionally, Chip has served as
an Adjunct Professor at the University of Washington Tacoma since 2004, where he has
taught many classes in the field of planning and development.
Based on Chip’s knowledge, skills, and ability, he has been selected for leadership positions
on county, regional, and state planning and development organizations including:
·Representing the South King County cities on the inter-jurisdictional team that
7e. ‐ Executive Department recommends confirmation of the
appointment of Chip Vincent as the new Community and Economic Page 18 of 99
Renton City Council
Page 2 of 2
October 22, 2012
provides staff support and policy recommendations to the Growth Management
Policy Council
·Serving as co-chair of the Regional Staff Committee and staff representative to the
Transportation Policy Board for the Puget Sound Regional Council
·Serving on numerous boards and committees for the Washington State Association
of City and County Planning Directors over the last 20 years
The duties of the CED Administrator include directing the City’s economic development, land
use planning, and development services. The CED Administrator is also responsible for
developing and implementing the City’s Comprehensive Plan, and for supervising zoning and
development regulations, building inspection, code enforcement, downtown
redevelopment, business recruitment and retention, and coordination of state and federal
legislative lobbying activities.
It became obvious to Mayor Law and me after only a short period of time that Chip had the
necessary knowledge, skills and abilities that we needed in a department administrator.
Vincent quickly developed positive working relationships with department staff, his fellow
department administrators, and the city’s regional partners. He demonstrated the ability to
articulate a vision and direction for the department, while holding his subordinates
accountable, and providing the necessary coaching and assistance to help them meet
performance goals.
In addition to appointing Chip to the position of CED Administrator, we are recommending
the elimination of the Planning Director position in the 2013-2014 Budget, which will result
in a savings of nearly $300,000 over the biennium.
Conclusion:
The Renton Municipal Code provides that all Department officers and administrators listed
in Title 3 be appointed by the Mayor, subject to confirmation by a majority of the City
Council. The CED Administrator position is one of those requiring confirmation. Mayor Law
made the appointment of Chip Vincent to the CED Administrator position on June 15, 2012.
Therefore, the City Council is asked to confirm the appointment retroactive to June 15,
2012.
7e. ‐ Executive Department recommends confirmation of the
appointment of Chip Vincent as the new Community and Economic Page 19 of 99
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Agreement with WA Military & US Homeland
Security for 2012 Emergency Management
Performance Grant (EMPG)
Meeting:
Regular Council - 22 Oct 2012
Exhibits:
Issue Paper
2012 EMPG Contract E12-342
Submitting Data: Dept/Div/Board:
Fire & Emergency Services
Staff Contact:
Deborah Needham, Emergency Management Director
x7047
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 104,347 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $104,347
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The purpose of the Emergency Management Performance Grant (EMPG) agreement is to improve local
emergency management programs. The EMPG provides supplemental funding to support the key
components of a comprehensive national emergency management system for disasters and
emergencies. Grant funds will be expended during FFY2012, per requirements of the EMPG.
STAFF RECOMMENDATION:
Approve the Washington State Military Department and the Department of Homeland Security
Emergency Management Performance Grant (EMPG), Contract E12-342, and authorize the Mayor and
City Clerk to sign
7f. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 20 of 99
FIRE & EMERGENCY SERVICES DEPARTMENT
M E M O R A N D U M
DATE:October 22, 2012
TO:Rich Zwicker, Council President
Members of the City Council
VIA:Denis Law, Mayor
FROM:Mark Peterson, Fire Chief/Emergency Services Administrator
STAFF CONTACT:Deborah Needham, Emergency Management Director
SUBJECT:2012 Emergency Management Performance Grant (EMPG)
ISSUE
The purpose of the EMPG is to assist in the development, maintenance and
improvement of local emergency management programs.
RECOMMENDATION
Staff recommends that the City of Renton Council concur and authorize the Mayor and
City Clerk to sign and execute the Washington State Military Department and the
Department of Homeland Security Emergency Management Performance Grant (EMPG)
Contract #E12-342.
BACKGROUND
The 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
can reasonably expect a minimum of $35,000, which was anticipated as revenue and
reflected in the 2012 budget. An additional $69,376 was ultimately granted, bringing the
total award for the 2012 EMPG to $104,376.
CONCLUSION
The City of Renton’s Emergency Management capabilities would be greatly enhanced by
the approval of the 2012 Emergency Management Performance Grant (EMPG), Contract
#E12-342.
7f. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 21 of 99
DHS-FEMA-EMPG-FFY 12 Page 1 of 25 City of Renton
E12-342
Form 6/13/2012 wjg
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee Name and Address:
City of Renton
Office of Emergency Management
1055 S. Grady Way, 7th Floor
Renton, WA 98057-3232
2. Grant Agreement Amount:
$104,376
3. Grant Agreement Number:
E12-342
4. Sub-grantee Contact, phone number:
Deborah Needham, (425) 430-7027
5. Grant Agreement Start Date:
June 1, 2012
6. Grant Agreement End Date:
August 31, 2013
7. Department Program Manager, phone number:
Sierra Wardell, (253) 512-7121 8. Data Universal Numbering System (DUNS):
92278894
9. UBI # (state revenue):
177000094
10. Funding Authority:
Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source
Agreement #:
EMW-2012-App-00071
12. Department
Funding Code (PI):
723PT
13. Catalog of Federal Domestic Assistance
(CFDA) # & Title:
97.042 EMPG
14. TIN:
91-6001271
15. Service Districts:
(BY LEGISLATIVE DISTRICT): 5,11,37,41,47
(BY CONGRESSIONAL DISTRICT): 8,9
16. Service Area by County(ies):
King
17. Women/Minority-Owned, State
Certified?: X N/A NO YES, OMWBE #_________
18. Agreement Classification
Personal Services Client Services X Public/Local Gov’t
Collaborative Research A/E Other________
19. Contract Type (check all that apply):
Contract X Grant X Agreement
Intergovernmental (RCW 39.34) Interagency
20. Sub-Grantee Selection Process:
X “To all who apply & qualify” Competitive Bidding
Sole Source A/E RCW N/A
Filed w/OFM? Advertised? YES NO _______
21. Sub-Grantee Type (check all that apply)
Private Organization/Individual For-Profit
X Public Organization/Jurisdiction Non-Profit
VENDOR X SUBRECIPIENT OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to
local jurisdictions and tribes with emergency management programs to support and enhance those programs as
described in the Work Plan.
IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant 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
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
Dan Swisher, Chief Financial Officer
Emergency Management Division
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz, Signature on file Date 6/13/2012
Assistant Attorney General
FOR THE APPLICANT:
__________________________________________
Signature Date
Denis Law, Mayor
Attest:
__________________________________________
Signature Date
Bonnie I. Walton, City Clerk
7f. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 22 of 99
DHS-FEMA-EMPG-FFY 12 Page 2 of 25 City of Renton
E12-342
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUB-GRANTEE MILITARY DEPARTMENT
Name Deborah Needham Name Sierra Wardell
Title Emergency Management Director Title EMPG Program Manager
E-Mail dneedham@rentonwa.gov E-Mail sierra.wardell@mil.wa.gov
Phone 425-430-7027 Phone 253-512-7121
Name Mindi Mattson Name Gary Stumph
Title EM Coordinator Title EMPG Program Coordinator
E-Mail mmattson@rentonwa.gov E-Mail gary.stumph@mil.wa.gov
Phone 425-430-7041 Phone 253- 512-7483
Name Kelly Carey Name Olivia Hollowwa
Title Admin Secretary Title EMPG Program Coordinator
E-Mail kcarey@rentonwa.gov E-Mail olivia.hollowwa@mil.wa.gov
Phone 425-430-7053 Phone 253-512-7149
ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub-grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non-Federal sources. The Sub-grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non-Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: “Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons.” However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
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existing program agreements. Non-governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance
referenced in the “FY 2012 Emergency Management Performance Grants (EMPG)
Program Funding Opportunity Announcement (FOA)”, which can be found at
http://www.fema.gov/government/grant/empg/ and are hereby incorporated in and made
a part of this Agreement.
6. The Sub-grantee 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 Attachment #1, Attachment #1 attached to and
made a part of this Agreement.
ARTICLE III – REIMBURSEMENT/INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http://www.gsa.gov without prior written
approval by Department key personnel.
2. Receipts and/or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub-grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub-grantee will submit reimbursement requests to the Department by submitting a
signed A-19 Invoice form and a completed reimbursement spreadsheet (in the format
provided by the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department’s key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be
submitted at least bi-annually.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub-grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor’s
invoice and packing slip or a statement signed and dated by the Sub-grantee’s
authorized representative that states “all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements”.
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports
and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if the Sub-grantee is not
current with all reporting requirements contained in this Agreement.
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ARTICLE IV – REPORTING REQUIREMENTS
1. The Sub-grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall
submit to the Department’s key personnel a final report describing all completed activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle’s Work Plan. If a Sub-grantee will not be applying for grant funding
during the next annual grant cycle application process, a final report will be submitted to the
Department detailing progress on all activities listed in the Work Plan.
ARTICLE V – EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will
be recorded and maintained in the Sub-grantee’s equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub-
recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub-grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub-grantee shall maintain equipment records that include: a description of the
property; the manufacturer’s serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub-grantee 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
Sub-grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub-grantee shall take a physical inventory of the equipment 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 Sub-grantee to determine the cause of the difference. The Sub-grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub-grantee 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.
7. If the Sub-grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to
the awarding agency.
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b. Items of equipment with a current per-unit fair market value of more than $5,000 may
be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring
agency for its share.
9. As recipient of federal funds the Sub-grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub-contractors,
consultants, and sub-grantees who receive pass-through funding from this Grant
Agreement.
10. Allowable equipment categories for the FY 2012 EMPG Program are listed on the web-
based version of the Authorized Equipment List (AEL) located at the Responder Knowledge
Base at http://www.rkb.us/. Reimbursement will only be provided for equipment that (1) is
on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through
the Department; Sub-grantees must contact the Department representative for assistance
in seeking FEMA approval for equipment not on the AEL. Unless expressly provided
otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted
standards to be eligible for purchase using EMPG funds. In addition, Sub-grantees must
obtain and maintain all necessary certifications and licenses for the equipment. Sub-
grantees are solely responsible for ensuring equipment eligibility.
ARTICLE VI – ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub-grantee shall ensure full compliance with FEMA’s Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located at
http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm.
2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub-grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review.
Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of
funds.
ARTICLE VII – PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub-grantee’s award and execution of a
contract. This requirement must be passed on to all of the Sub-grantee’s sub-contractors, at
which point the Sub-grantee will be responsible for reviewing and approving their sub-
contractors’ sole source justifications.
ARTICLE VIII – SUB-GRANTEE MONITORING
1. The Department will monitor the activities of the Sub-grantee 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 OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, e-mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure allowability
and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
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f. 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.
3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-
recipients who receive pass-through funding from this Agreement.
ARTICLE IX – GRANT AGREEMENT MODIFICATION REQUESTS
A Sub-grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X – NIMS COMPLIANCY
1. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2012 (FFY12) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2012 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nation sub-grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY11. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA’s NIMS Resource Center at
http://www.fema.gov/emergency/nims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the Five-Year NIMS Training
Plan, released in February 2008 and any successor guidance released by FEMA. [Note:
Coursework and training developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the Five-Year NIMS
Training Plan]. NIMS training guidance is available on FEMA’s NIMS Resource Center at
http://www.fema.gov/emergency/nims/NIMSTrainingCourses.shtm.
ARTICLE XI – EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all-hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288, as amended, 42 U.S.C. 5121-5207).
2. A portion of the FFY12 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes that have emergency management programs to supplement
their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the
qualifications specified in WAC 118-09 regarding emergency management assistance
funds was awarded a sub-grant based on the size of their agency’s emergency
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management operating budget. Funds are used by local jurisdictions and tribes to enhance
their emergency management capability.
3. Funds are provided by DHS/FEMA solely for the use of supporting emergency
management programs as provided by the EMPG Program. The Sub-grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub-grantee’s application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub-grantee shall provide a match of $104,376 of non-federal origin. Match (cost
share) may be cash or in-kind. To meet matching requirements, the Sub-grantee
contributions must be 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 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track and document match.
5. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub-grantee 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 Grant
Agreement prior to distribution of appropriated federal funds.
The Sub-grantee 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
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY12
EMPG Program. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department.
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Exhibit 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 Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department” means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub-grantee" means the government or other eligible legal entity to which a sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as permitted under the terms of
this Grant Agreement. The term “Sub-grantee” and “Contractor” may be used
interchangeably in this Agreement.
c. “Sub-grantee Agent” means the official representative and alternate designated or
appointed by the Sub-grantee in writing and authorized to make decisions on behalf
of the Sub-grantee.
d. “Grantee” means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. “Monitoring Activities” means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. “Investment Justification” means grant application investment justification
submitted by the sub-grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. “PL” – is defined and used herein to mean the Public Law.
h. “CFR” – is defined and used herein to mean the Code of Federal Regulations.
i. “OMB” – is defined and used herein to mean the Office of Management and Budget.
j. "WAC ” – is defined and used herein to mean the Washington Administrative Code.
k. "RCW" – is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 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 the Office of Management and
Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term
“non-federal entity” means a State, local government, or non-profit organization, and the
term “State” includes Indian tribes. Circular A-133 is available on the OMB Home Page
at http://www.omb.gov.
SUB-GRANTEES 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
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the Comptroller General and the OMB Compliance Supplement. The SUB-GRANTEE-
grantee has the responsibility of notifying its auditor and requesting an audit in
compliance with Circular A-133, 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 Circular A-
133.
The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub-contractors also maintain auditable
records.
The SUB-GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB-GRANTEE 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 SUB-GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB-GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB-GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE’s fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133,
SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE
fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB-GRANTEE shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the SUB-GRANTEES 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 Circular A-133; 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.
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A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant 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 SUB-GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 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 SUB-GRANTEE 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.
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the Excluded Parties List System (EPLS) maintained by the federal General Services
Administration (GSA). The SUB-GRANTEE 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.”
A.8 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB-GRANTEE 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,
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direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement.
The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and/or policies. This
obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy
Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities
Act (ADA), 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), 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 the SUB-GRANTEE’s or its contractor’s noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.10 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
SUB-GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT.
However, the parties acknowledge that the DEPARTMENT, and state and local
agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public
Records Act.
A.11 DISPUTES
The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes
arising out of or relating to this Grant Agreement through discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this Agreement,
the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE, 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
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omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE 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 Grant 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 SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.13 LIMITATION OF AUTHORITY – Authorized Signature
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT’s Authorized
Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or
Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE 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.14 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a “Termination for
Cause” without providing the SUB-GRANTEE 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.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB-GRANTEE.
A.16 NONDISCRIMINATION
The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status,
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honorably discharged veteran or military status, or disability (physical, mental, or
sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The SUB-GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUB-GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB-GRANTEE 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 SUB-GRANTEE to so
comply.
A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.20 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.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant 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 Grant 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.22 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant 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 SUB-GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, 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 Grant Agreement shall include an
acknowledgement of FEMA’s financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
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A.23 RECAPTURE PROVISION
In the event the SUB-GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB-
GRANTEE 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 thereof, including
attorney fees.
A.24 RECORDS
a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the “records”).
b. The SUB-GRANTEE's records related to this Grant 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 SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
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 Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
to any third party, other than as is expressly set out in this Grant 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 SUB-GRANTEE, 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 SUB-GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB-GRANTEE in connection with the project.
The SUB-GRANTEE 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.
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A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUB-GRANTEE hereby certifies that to the best of
their knowledge and belief: (1) no federally appropriated funds have been paid or will be
paid by or on behalf of the SUB-GRANTEE 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 Grant
Agreement, grant, loan, or cooperative agreement, the SUB-GRANTEE will complete
and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance
with its instructions; (3) and that, as applicable, the SUB-GRANTEE will require that the
language of this certification be included in the award documents for all subawards at all
tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB-CONTRACTING
The SUB-GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub-contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB-GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
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It is understood that if the SUB-GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE 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 SUB-GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS’s Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE
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 CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB-GRANTEE 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 SUBGRANTEE 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 SUB-GRANTEE’s liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB-
GRANTEE 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 Grant
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB-GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB-GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
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costs directly related to the replacement Grant 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 SUB-GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE’s control, fault or negligence,
the termination shall be deemed to be a “Termination for Convenience”.
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE 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 Grant 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 SUB-GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE 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 Grant 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 SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub-contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant 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 SUB-
GRANTEE under the orders and sub-contracts so terminated, in which case the
DEPARTMENT has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub-contracts, with the approval or ratification of the DEPARTMENT
to the extent the DEPARTMENT may require, which approval or ratification shall
be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and
to the extent directed by the DEPATMENT any property which,
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if the Grant 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 Grant
Agreement which is in the possession of the SUB-GRANTEE and in which the
DEPARTMENT has or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB-GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Grant
Agreement. The SUB-GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant 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 Grant 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 Grant Agreement.
A.37 VENUE
This Grant 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 Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
APPROVED 6/13/2012
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Exhibit C
AC
T
I
V
I
T
Y
#
2012 Emergency Management Program Workplan
Agency: City of Renton
Required Activities for EMPG eligibility
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 conducted in order to remain eligible for EMPG funding, including the ability to
communicate and warn, educate the public, train and exercise, plan and be NIMS compliant
1
Core
Planning Capability or
EMF
General Plan for 12EMPG: Work with consultant to finish COOP plan and EOC procedures including
just-in-time training. Revise/update CEMP. Complete Debris Management Plan.
2
Core
Communication and Warning Capability or
EMF
General Plan for 12EMPG: Participate in state and local communications tests. Add technology to
MCRU, EOC and repeater system, update CodeRED system data.
3
Core
Public Education and Information Capability or
EMF
General Plan for 12EMPG: Continue Renton Emergency Preparedness Academy classes. Conduct
"Ready in Renton" preparedness campaign in September. Update outreach materials to align with new
regional campaigns. Contingent on award of VISTA/AmeriCorps position (expected to start in 9/2012),
expand public education outreach within Renton.
4
Core
Training Capability or
EMF
General Plan for 12EMPG: Train additional city staff and volunteers in EOC operations. Review and
document NIMS compliance. Conduct CERT training. Conduct animal shelter training. Conduct
damage assessment training for city staff. Sponsor city staff attendance at IAEM and staff/volunteer
attendance at other emergency management conferences and special workshops.
5
Core
Exercises Capability or
EMF
General Plan for 12EMPG: Participate in Evergreen Quake 2012 exercise. Conduct functional EOC
exercise.
6
Core
Operations and Procedures Capability or
EMF
General Plan for 12EMPG: Revise EOC written procedures. Complete animal sheltering operational
plan/SOP. Augment animal and human sheltering capabilities. Add/rearrange EOC furniture to create
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just-in-time training area for more effective operations.
7
Core
Mutual Aid Capability or
EMF
General Plan for 12EMPG: Initiate negotiations with King County to enter into an MOU to share a D-
STAR repeater system.
7f. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 41 of 99
DHS-FEMA-EMPG-FFY 12 Page 21 of 25 City of Renton
E12-342
Exhibit D
MILESTONE TIMELINE
FFY12 Emergency Management Performance Grant Program
MILESTONE TASK
June 1, 2012 Start of Grant Agreement performance period.
August 31, 2013 End of grant performance period.
October 15, 2013 Submit all final reports, requests for reimbursement and/or
deliverables.
7f. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 42 of 99
DHS-FEMA-EMPG-FFY 12 Page 22 of 25 City of Renton
E12-342
Exhibit E
Budget Sheet
FFY12 Emergency Management Performance Grant Program
Category Amount
Salaries and Benefits $
In-Direct Costs $
Travel $14,000
Equipment $20,000
Supplies $20,500
Telephones $
IT $4,895
Printing $
Janitorial / Maintenance $
Subcontractor $44,981
Other $
FFY12 EMPG Award $104,376
• The award for the City of Renton is based on the FFY11 allocation factor of 18.1% of
approved local/tribal emergency management operating budgets.
• The City of Renton will provide a match of 50% of the total project cost ($104,376) of non-
federal origin.
• A total of 5% of this award can be used to pay for management and administration of this
contract.
• Cumulative changes to budget categories in excess of 10% of the contract award will not be
reimbursed without prior written authorization from the Department.
• This award will not be used to supplant the local/tribal funds.
• The Department’s Reimbursement Spreadsheet will accompany each reimbursement
request submitted.
• The Contractor agrees to make all records available to Military Department staff, upon
request.
Funding Source: U.S. Department of Homeland Security - PI# 723PT – EMPG
7f. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 43 of 99
DHS-FEMA-EMPG-FFY 12 Page 23 of 25 City of Renton
E12-342
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial
assistance and expenditures) be made available to the public via a single, searchable website.
Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms
of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and
delivery orders. The legislation does not require inclusion of individual transactions below
$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance
Subrecipients are required by the Military Department to be familiar with the FFATA
requirements and complete this Worksheet for each contract for the State’s submission in to the
FFATA portal.
ADDITIONAL PROVISIONS
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a)
of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de-obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
7f. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 44 of 99
DHS-FEMA-EMPG-FFY 12 Page 24 of 25 City of Renton
E12-342
information for payment purposes and a link to D&B for maintaining current
DUNS information, www.ccr.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A
DUNS number provides a method to verify data about your organization. D&B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
“Total compensation” for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below.
7f. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 45 of 99
DHS-FEMA-EMPG-FFY 12 Page 25 of 25 City of Renton
E12-342
WORKSHEET
Subrecipient Agency:
Grant and Year: Agreement Number:
Completed by:
Name Title Telephone
Date Completed:
STEP 1
Is your grant agreement less than $25,000?
YES
C
STOP, no further analysis
needed, GO to Step 6
NO
C
h
GO to Step 2
STEP 2
In your preceding fiscal year, did your
organization receive 80% or more of its annual
gross revenues from federal funding?
YES
C
GO to STEP 3
NO
C
h
STOP, no further
analysis needed, GO
to Step 6
STEP 3
In your preceding fiscal year, did your
organization receive $25,000,000 or more in
federal funding?
YES
C
GO to STEP 4
NO
C
STOP, no further
analysis needed, GO
to Step 6
STEP 4
Does the public have access to information about
the total compensation* of senior executives in
your organization?
YES
C
STOP, no further analysis
needed, GO to step 6
NO
C
h
GO to STEP 5
STEP 5
Executive #1 Name:
Total Compensation amount: $
Executive #2 Name:
Total Compensation amount: $
Executive #3 Name:
Total Compensation amount: $
Executive #4 Name:
Total Compensation amount: $
Executive #5 Name:
Total Compensation amount: $
STEP 6
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25,000."
Signature: _____________________________________________ Date:
* Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.gov/omb/open
http://www.hrsa.gov/grants/ffata.html
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf
http://www.grants.gov/
7f. ‐ Fire and Emergency Services Department recommends approval of
an agreement with the Washington State Military Department to accept Page 46 of 99
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
MOU Washington Traffic Safety Commission for
Target Zero overtime funding
Meeting:
Regular Council - 22 Oct 2012
Exhibits:
MOU Washington Traffic Safety Commission
Submitting Data: Dept/Div/Board:
Police
Staff Contact:
Clark Wilcox, x7597
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $7,500 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$7,500
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
A Memorandum of Understanding (MOU) with the Washington Traffic Safety Commission
will provide overtime funding to law enforcement agencies to conduct multijurisdictional, high
visibility enforcement, traffic safety emphasis patrols in support of Target Zero priorities,
reducing traffic related deaths and serious injuries.
STAFF RECOMMENDATION:
Approve the MOU with the Washington Traffic Safety Commission and authorize the Mayor
and City Clerk to sign
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 47 of 99
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 48 of 99
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 49 of 99
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 50 of 99
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 51 of 99
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 52 of 99
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 53 of 99
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 54 of 99
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 55 of 99
7g. ‐ Police Department requests approval of a memorandum of
understanding with the Washington State Traffic Safety Commission to Page 56 of 99
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Rent Increase for Month-to-Month City T-Hangars
Meeting:
Regular Council - 22 Oct 2012
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ryan Zulauf, Airport Manager, x 7471
Recommended Action:
Refer to Transportation/Aviation Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$10,019.88 (annual)
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The Airport manages 39 aircraft T-hangars on a month-to-month basis to individual pilots for $372.21
per month plus leasehold excise tax. The last rent increase was in August 2009. An increase in
monthly rent from $372.21 to $393.62, plus leasehold excise tax is requested and was determined using
the difference between the Consumer Price Index – Urban for August 2009 and August 2012 of 5.75%.
An additional $10,019.88 will be generated annually for the Airport.
STAFF RECOMMENDATION:
Approve an increase in the monthly rent for City T-Hangars from $372.21 to $393.62 plus leasehold
excise tax ($444.16 w/tax) using the Consumer Price Index – Urban, effective
January 1, 2013.
7h. ‐ Transportation Systems Division requests approval of a rent
increase for all City‐owned T‐Hangar units at the airport from $372.21 to Page 57 of 99
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:October 22, 2012
TO:Richard Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Ryan Zulauf, Airport Manager (ext 7471)
SUBJECT:Rent Increase for Month-to-Month City T-Hangars
ISSUE:
Should Council approve an increase in the monthly rent for City T-Hangars from $372.21
to $393.62 plus leasehold excise tax using the Consumer Price Index – Urban (CPI-U)?
RECOMMENDATION:
Approve an increase in the monthly rent for City T-Hangars from $372.21 to $393.62,
plus leasehold excise tax ($444.16 w/tax) using the Consumer Price Index – Urban
effective January 1, 2013.
BACKGROUND:
The Airport manages 39 aircraft T-hangars on a month-to-month basis to individual
pilots and pilot partnerships. The current monthly rent is $372.21 plus leasehold excise
tax ($420 w/tax). The last rent increase occurred in August 2009.
A periodic rent increase of month-to-month hangar and tiedowns is performed every
three to five years. The difference in the Consumer Price Index – All Urban Consumers
for Seattle-Tacoma-Bremerton between August 2009 and August 2012 is an increase of
5.75%. The new monthly rent is determined to be $393.62 ($372.21 x 1.0575 = $393.62)
plus leasehold excise tax ($444.16 w/tax of 12.84%). The effective date of this increase
is January 1, 2013.
This rent increase will generate $10,019.88 (39 x $21.41 x 12 = $10,019.88) in additional
annual revenue for the Airport. The Airport maintains a T-hangar waiting list for its
hangars and there are currently 57 pilots waiting to rent a City T-hangar.
7h. ‐ Transportation Systems Division requests approval of a rent
increase for all City‐owned T‐Hangar units at the airport from $372.21 to Page 58 of 99
Richard Zwicker, Council President
Members of the Renton City Council
Page 2 of 2
October 22, 2012
h:\file sys\air - airport, transportation services division\03 projects\01 tasks\agenda bills\2012 agenda bills\agenda bill - t-hangar
unit rent increase\issuepaper - t hangar unit rent increase.doc
cc:Connie Brundage, Transportation Administrative Secretary
Susan Campbell-Hehr, Airport Secretary
7h. ‐ Transportation Systems Division requests approval of a rent
increase for all City‐owned T‐Hangar units at the airport from $372.21 to Page 59 of 99
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Aircraft Tiedown Storage Rental Increase
Meeting:
Regular Council - 22 Oct 2012
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ryan Zulauf, Airport Manager, x7471
Recommended Action:
Refer to Transportation/Aviation Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$6,584.40 (annual)
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The Airport manages 31 tiedown spaces on the Airport under Aircraft Tiedown Agreements with
individual pilots for $88.62, plus leasehold excise tax ($100 w/tax). The last rate increase was February
2008. An increase to $106.34, plus leasehold excise tax ($120.00 w/tax) is being requested. Airport
Fixed Base Operators currently rent their tiedown space for $120.00 per month and in order to maintain
a competitive market on the Airport, City tiedowns need to be increased to match what Fixed Base
Operators charge their tenants.
STAFF RECOMMENDATION:
Approve an increase in the monthly rental for City managed month-to-month tiedowns to $106.34, plus
leasehold excise tax ($120 w/tax).
7i. ‐ Transportation Systems Division requests approval of a rent
increase for all Aircraft Tiedown Storage spaces at the airport from
Page 60 of 99
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:October 22, 2012
TO:Richard Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Ryan Zulauf, Airport Manager (ext 7471)
SUBJECT:Aircraft Tiedown Storage Rental Increase
ISSUE:
Should Council approve an increase in the monthly rental for City managed
month-to-month tiedowns to $106.34, plus leasehold excise tax ($120 w/tax)?
RECOMMENDATION:
Approve an increase in the monthly rental for City managed month-to-month tiedowns
to $106.34, plus leasehold excise tax ($120 w/tax).
BACKGROUND:
The Airport manages approximately 31 aircraft tiedown spaces around the Airport by
renting them out on a month-to-month basis to individual pilots and pilot partnerships.
The current monthly rental rate per tiedown is $88.62, plus leasehold excise tax ($100
w/tax). This amount is below what some of the leaseholders on the Airport are paying
in rent for their tiedown spaces. The Airport’s business objective for tiedown is to make
sure that leaseholders tiedown spaces are filled first, being primary and the City’s
tiedowns are secondary.
The last rent increase was February 2008. A rental increase is necessary in order to
maintain a competitive market for Fixed Base Operators on the Airport who are renting
their tiedown spaces for $120 or more per month.
An increase of $17.72 per month ($106.34 - $88.62 = $17.72) before leasehold excise
tax, for each of the 31 tiedown spaces will increase the Airport’s annual revenue by
$6,584.40 (31 x 17.72 x 12 = $6,591.84).
7i. ‐ Transportation Systems Division requests approval of a rent
increase for all Aircraft Tiedown Storage spaces at the airport from
Page 61 of 99
Richard Zwicker, Council President
Members of the Renton City Council
Page 2 of 2
October 22, 2012
H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\2012 Agenda Bills\Agenda Bill - Tiedown Rent Increase
cc:Connie Brundage, Transportation Administrative Secretary
Susan Campbell-Hehr, Airport Secretary
7i. ‐ Transportation Systems Division requests approval of a rent
increase for all Aircraft Tiedown Storage spaces at the airport from
Page 62 of 99
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Final Pay Estimate – CAG-11-115
SWP-27-3529 Lake Avenue South/Rainier
Avenue South Storm System Project
Meeting:
Regular Council - 22 Oct 2012
Exhibits:
Issue Paper
Pay Estimate #17 Final
Notice of Completion – State Combined
Form
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Utility Systems Surface Water Utility Ron Straka, x7248,
Daniel Carey, x7293
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 9,500 Transfer Amendment: $
Amount Budgeted: $ 1,278,633 (2012)Revenue Generated: $
Total Project Budget: $ 1,278,633 (2012)City Share Total Project: $
SUMMARY OF ACTION:
James W Fowler Company started construction on the Lake Avenue South/Rainier Avenue South Storm
System project on August 22, 2011, and completed the majority of the work on February 26, 2012. The
project included installing 677 feet of new 30 to 36-inch storm line in the Lake Avenue South right-of-
way between Rainier Avenue South and South 2nd Street. The original contract amount was $994,925
and the final contract amount is $1,505,393.64. Construction costs of $636,369 were paid out of the
2011 Capital Improvement Program (CIP) budget. The remaining $869,024.64 of construction costs were
paid out of the 2012 CIP budget of $1,278,633.
The increase of $510,468 was mainly due to unexpected soil problems and delays encountered while
installing the new storm system by auger boring. The auger bore became stuck twice on unexpected
buried metal debris. Because of the problems encountered with the auger boring part of the storm
system had to be changed to open trench construction.
The project is funded from the approved Surface Water Utility’s CIP Lake Avenue South/Renton Avenue
South Storm System project (account #427.475445) and by a $121,006 grant from the 2010 King County
Flood Control District Opportunity Fund. The approved 2012 Capital Improvement Program budget for
the project is $1,278,663. There is sufficient budget remaining in the approved 2012 CIP budget to fund
the final pay estimate and staff costs.
STAFF RECOMMENDATION:
Accept the project, approve the final pay estimate in the amount of $9,500, and release the retainage
bond in the amount of $994,925 after 60 days, subject to the receipt of all required authorizations.
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 63 of 99
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:October 10, 2012
TO:Rich Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Ron Straka, Surface Water Utility Supervisor, x7248
Daniel Carey, Surface Water Utility Engineer, x7293
SUBJECT:Final Pay Estimate – CAG-11-115, SWP-27-3529 Lake Avenue
South/Rainier Avenue South Storm System Project
ISSUE:
Should Council accept the project, approve the final pay estimate in the amount of
$9,500, and release the retainage bond in the amount of $994,925 after 60 days, subject
to the receipt of all required authorizations?
RECOMMENDATION:
Accept the project, approve the final pay estimate in the amount of $9,500, and release
the retainage bond in the amount of $994,925 after 60 days, subject to the receipt of all
required authorizations.
BACKGROUND:
The Lake Avenue South/Rainier Avenue South Storm System project is located between
South 3rd Street and South 2nd Street in the vacated right-of-way for Lake Avenue South
(see attached vicinity map). When the City vacated the right-of-way it retained an
easement over the right-of-way for City utilities. The existing storm system runs
through the parking lots of the Taco Time restaurant, Safeway Shopping Center, and
Walker’s Renton Subaru used car lot.
The purpose of the project was to replace approximately 650 feet of the City’s existing
24-inch storm water system with a new storm system capable of carrying the peak flow
from the drainage basin. The existing storm system was about 50 years old and sections
of the 24-inch pipe were in poor structural condition. The project replaced the cracking
section of the old storm system with new pipe and increased the flow capacity of the
storm system to reduce the potential for flooding in Lake Avenue South.
Construction of the project involved several challenging conditions. The excavation was
relatively deep since the existing storm system was 12 to 13 feet below ground surface.
The depth to groundwater was about 10 feet so constant dewatering would be needed
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 64 of 99
Mr. Rich Zwicker, Council President
Page 2 of 5
October 10, 2012
h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3529 lake ave-rainier ave\1001 final
payment\20121008b final issue paper-lakeave.doc\DCtp
during construction. There was the potential to encounter petroleum impacted soil and
groundwater in the southwest corner of the project area since those properties had
previously been used for a gas station and an auto repair shop.
The auger boring method of construction was selected over open trench excavation to
minimize the amount of soil that would need to be excavated, and to minimize impacts
to traffic and the businesses (Safeway, Walker’s Renton Subaru, and the smaller shops).
Dewatering would still be needed along the casing route. However, the amount of
dewatering needed would be less than for open trench excavation. If petroleum
impacted soil or groundwater was encountered, the amount of soil and groundwater
that would need special disposal would be less than for an open trench excavation.
Using the auger boring would allow the businesses and their customers to use a larger
area of the parking lot and travel lanes during construction than for open trench
excavation, and would also reduce the amount of truck hauling for the project.
At the start of construction the contractor James W Fowler Co., encountered some
problems installing the groundwater dewatering wells by hydraulic jetting. The first
three dewatering wells encountered unknown obstacles 8 to 12 feet down, and could
not be completed to the 20 feet depth needed. The contractor switched to using a
drilling rig to install the dewatering wells, and was able to install them to the required
depth without further problems.
The first auger boring pit was excavated on the Safeway property and the auger boring
machinery started to bore casing #1 (see exhibit #1) toward the Walker’s Renton Subaru
property. After boring about 55 feet, the auger became stuck on October 11, 2011, and
was unable to be advanced or removed from the casing. The contractor had to dig down
to the auger cutting head and found that wire and metal debris had jammed and
damaged the cutting head (see exhibit #2). Apparently the auger was running into
debris discarded by the old auto repair shop including wire, steel rods, wheel rims, tires
and miscellaneous metal debris. It took about four days to dig down to the auger,
remove the debris, and remove and repair the auger cutting head.
The auger became stuck a second time on October 17, 2011. The contractor dug down
to the cutting head and removed more metal debris. The debris included steel pipes, a
wheel rim, a tire, and other metal debris. The attached photos (exhibit #3) show the
type of debris that was removed. It took about two days to dig down and remove the
debris from the auger.
It appeared that more metal debris was in the ground ahead of the auger and it was
likely that the auger would become stuck again. The Surface Water Utility (SWU)
discussed the situation with the contractor and the engineering consultant, and decided
to have the contractor mobilize a different type of boring machine called a pipe rammer
in order to avoid open trench excavation and to minimize construction impacts to
businesses. A pipe rammer is a pneumatic device that pushes the steel casing through
the soil by repeated impacts. It is not as susceptible to jamming because it does not
have a rotating cutting head that can be jammed. Any debris in the ground is usually
pushed to the outside of the casing pipe or into the casing pipe where it is removed later
when the casing is cleaned out.
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 65 of 99
Mr. Rich Zwicker, Council President
Page 3 of 5
October 10, 2012
h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3529 lake ave-rainier ave\1001 final
payment\20121008b final issue paper-lakeave.doc\DCtp
It took about seven days to mobilize and set up the pipe rammer. The pipe rammer
drove 40 feet of steel casing pipe and then the soil was cleaned out of the casing so the
grade of the casing pipe could be checked. The contractor found that the casing pipe
had entered a zone of soft, wet soil, and woody debris, including an old wooden post
(exhibit #4). Because of the soft soil, the steel casing pipe was deflecting downward and
was below the design grade at that location. Calculations showed that if the casing pipe
continued to deflect downward at the same rate it would end up about 12 inches below
the design grade at the end of the casing. If that occurred the new storm pipe would not
be able to drain completely, and the design capacity of the new storm system would be
reduced. To keep the new storm water pipe at the design grade, the SWU decided to
stop using the pipe ramming method and install the remaining 118 feet of pipe in the
Walker’s Renton Subaru property by open trench excavation.
The next two sections of steel casing pipe, #2 and #3, were installed in the Safeway
parking lot from boring pit #2. Approximately 224 feet of steel casing were installed by
auger boring per the construction plans. The soils in that area did not contain the
significant deposits of metal debris that caused the auger to become stuck in the first
section of augering. Steel casing pipes #2 and #3 were installed without significant
delays or changes.
The geotechnical information did not contain any information in the boring logs or
geotechnical reports to indicate that a large amount of metal debris was buried at the
site. Only some traces of wood debris were noted in the boring logs. Because the
project is located in the old Black River Channel traces of wood in the boring logs was
not considered unusual and was not expected to cause any construction problems.
COST INCREASES:
The majority of the $510,468 construction cost increase for the project was caused by
encountering unknown areas of buried metal and wood debris while installing the first
section of steel casing pipe. The auger became stuck twice on metal debris and extra
work was needed to free it. The switch to the pipe rammer enabled the casing to
advance through the area of buried metal debris. However, the pipe rammer
encountered problems with wet, mucky soil and was not able to maintain the casing
design grade. It became necessary to finish that section of the new storm system by
open cut excavation. Because of the deep construction and specialized boring
equipment, the costs for extra work and delays for the project were high.
The major construction cost increases for the project are summarized below. The
change orders (CO) are listed in the general order that the events occurred.
Major Change Orders Cost
CO #5, Auger Stuck Twice (obstruction #1, #2)$78,378
CO #4, Change to Pipe Rammer $192,685
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 66 of 99
Mr. Rich Zwicker, Council President
Page 4 of 5
October 10, 2012
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CO #1, 3C, Open Cut Installation (net increase)$47,022
CO #7, Construction Delay Claims $125,000
Total for Major Change Orders $443,085
The cost to free the auger boring the two times it became stuck was $78,378 (CO #5).
The cost includes the labor and machinery needed to excavate down to the auger,
provide shoring, remove the auger, repair the damaged cutting head, and place the
auger back in the pit to start boring again. Some costs for dewatering the open cut
excavation on the Walker’s Renton Subaru site were also included in CO #5.
The change order cost for the pipe rammer was $192,685 (CO #4). The cost for using the
pipe rammer was the largest part of the overrun since it was a specialized piece of
equipment, and needed to be mobilized and transported to the site. The cost for the
rammer included the rental cost, mobilization, labor and equipment needed to set up
the rammer, using the rammer, removing it from the boring pit, and returning it to the
yard.
The cost to install the new storm system on the Walker’s Renton Subaru property by
open trench excavation instead of auger boring was $104,230 (CO #1) plus $32,092
(CO #3C) for a total of $136,322. The cost includes the labor, machinery, and materials
to excavate and install 118 feet of 36-inch storm pipe and one new catch basin. The cost
also includes the material costs and removal of unused steel casing, which was a special
order item (CO #3C). The costs were partially offset by the reduction in the auger boring
bid item of -$89,300. The net increase in cost for the open trench excavation was
$47,022.
The change order cost for construction delay claims was settled for $125,000 (CO #7).
The contractor submitted construction delay claims for $245,631 for the extra time the
project took due to the delays with the auger boring becoming stuck twice, and delays
due to other construction problems. The claims included the daily costs for equipment,
extra costs for dewatering, pumps, utilities, the job trailer, fencing, and other items
needed for the job site. The contractor also requested extra payment for installing the
dewatering well by drilling after the hydraulic jetting encountered unknown obstacles.
The SWU evaluated the claims, and concluded that about half the costs were either
excessive or were already accounted for in the other change orders. The SWU and
contractor agreed to settle all claims for $125,000.
The cost increase in the final contract amount was $510,468. The total cost for the four
major change orders noted above was $443,085. The remaining $67,383 in cost
increases were due to smaller change orders needed for construction of the project and
changes in various bid item quantities.
Small Change Orders Cost
CO #2B, Extra groundwater testing required for
Metro Sewer Dewatering Disposal Permit.
$8,774
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 67 of 99
Mr. Rich Zwicker, Council President
Page 5 of 5
October 10, 2012
h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3529 lake ave-rainier ave\1001 final
payment\20121008b final issue paper-lakeave.doc\DCtp
CO #2A, 3A, 3B Design change to use sand fill in
the casings to support the new storm pipe.
$20,024
CO #6, Repair a broken tee in the sewer main,
extra work for water main relocation problems,
extra costs for working around a concrete duct
bank, and other minor construction changes.
$31,700
Changes in Bid Item Quantities $6,885
Total for Small Changes $67,383
The project is funded from the Surface Water Utility’s 427 Fund Capital Improvement
Program for the Lake Avenue South/Renton Avenue South Storm System project
(account #427.475445) with part of the project being funded by a $121,006 grant from
the 2010 King County Flood Control District Opportunity Fund.
The approved 2011 CIP budget for the project was $1,573,500. Construction costs of
$636,369 were paid out of the 2011 CIP budget. The approved 2012 CIP budget for the
project is $1,278,633. Construction costs of $869,024, which include the final pay
estimate, will be paid out of the 2012 CIP budget. There is sufficient budget remaining
in the 2012 CIP budget to pay the final pay estimate and staff costs.
CONCLUSION:
Accept the project, approve the final pay estimate in the amount of $9,500, and release
the retainage bond in the amount of $994,925 after 60 days, subject to the receipt of all
required authorizations.
Attachments
cc: Lys Hornsby, Utility Systems Director
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 68 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 69 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 70 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 71 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 72 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 73 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 74 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 75 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 76 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 77 of 99
7j. ‐ Utility Systems Division submits CAG‐11‐115, Lake Ave. S./Rainier
Ave. S. Storm System Project, and requests approval of the project, final Page 78 of 99
9a. ‐ 2012 Comprehensive Emergency Management Plan (See 8.a.)Page 79 of 99
9a. ‐ 2012 Comprehensive Emergency Management Plan (See 8.a.)Page 80 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 81 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 82 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 83 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 84 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 85 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 86 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 87 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 88 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 89 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 90 of 99
9a. ‐ 2013/2014 Water, Wastewater, and Surface Water Utility Rates
(Approved via 10/15/2012 Committee of the Whole Report)Page 91 of 99
9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012
Committee of the Whole Report)Page 92 of 99
9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012
Committee of the Whole Report)Page 93 of 99
9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012
Committee of the Whole Report)Page 94 of 99
9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012
Committee of the Whole Report)Page 95 of 99
9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012
Committee of the Whole Report)Page 96 of 99
9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012
Committee of the Whole Report)Page 97 of 99
9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012
Committee of the Whole Report)Page 98 of 99
9b. ‐ 2013/2014 Solid Waste Rates (Approved via 10/15/2012
Committee of the Whole Report)Page 99 of 99