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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, January 10, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Audience comments will be accommodated through Zoom. Speakers must click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the day of the Council meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for those who wish to speak during public hearings. Registration for Audience Comment Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form • You may also copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • Instructions for Virtual Attendance For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253- 215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Those providing audience comments will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARING a) Health through Housing 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of January 3, 2022. Council Concur b) AB - 3042 City Clerk reports bid opening on October 28, 2021 for CAG-21-004, Highlands to Landing Pedestrian Lighting Phase II project and submits the staff recommendation to award the contract to the lowest responsive and responsible bidder, Colvico, Inc., in the amount of $330,490.83. Refer to Finance Committee c) AB - 3050 City Clerk reports bid opening on December 8, 2021 for the Family First Community Center construction project, and submits the staff recommendation to award the contract to the lowest responsive and responsible bidder, Comer GC, Inc., in the amount of $12,474,330.00. Refer to Finance Committee d) AB - 3047 Community & Economic Development Department recommends execution of a contract agreement, with Main Street Renton dba Renton Downtown Partnership, in the amount of $260,000, to support efforts and to apply and obtain the designation of a Washington State Main Street community. Refer to Finance Committee e) AB - 3048 Community & Economic Development Department recommends execution of an agreement with the Washington State Department of Commerce, to accept $490,000 in grant funds, for services related to the Renton Trail Connector project, which extends a path in the heart of Downtown Renton separated from the roadway that connects with regional networks including the Lake to Sound and Cedar River trails to foster a more walkable and bikeable environment. Refer to Finance Committee f) AB - 3049 Community & Economic Development Department recommends approval of Amendment No. 7 to the Real Estate Disposition and Development Agreement with Cosmos International Corp. to extend the feasibility period to March 15, 2022. Council Concur g) AB - 3030 Equity, Housing, and Human Services Department recommends adoption of a resolution authorizing execution of an interagency agreement with the Washington State Department of Commerce, Growth Management Services, to accept $100,000 in grant funds to implement an existing Housing Action Plan. The grant funds will be used for the following projects: 1) A sub-regional tracking and monitoring program for affordable housing across south King County cities, 2) A residential land use study to promote diverse housing types and sizes, and 3) A nexus study to evaluate the use of linkage fees to generate revenue for affordable housing. Refer to Finance Committee h) AB - 3045 Municipal Court recommends approval of a two-year Therapeutic Courts grant, issued by the Administrative Office of the Courts, in the amount of $202,633, to assist with the costs associated with establishing a Renton Municipal Court Coordinator/Case Manager position to oversee the Community Court program. Refer to Finance Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Committee of the Whole: EHHS Introduction & ARPA Allocation Plan, Health Through Housing b) Finance Committee: Vouchers, Best Starts for Kids - Out-of-School Time 2022 Grant Extension (STREAM Team), Request to Hire Lead Golf Course Maintenance Worker at Step D, Cascade Park Playground Equipment Replacement, Conversion of Transportation Planning Civil Engineer III 0.5 FTE to 1.0 FTE c) Utilities Committee: 2022 Solid Waste Utility Revenue and Fund Requirements* 8. LEGISLATION Ordinance for first reading: a) Ordinance No. 6054: 2022 Solid Waste Revenue and Fund Requirements (See Item 7.c) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - MEETING REMOTELY Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Health Through Housing-Renton (LUA21-000389, DA) Clark Close, Senior Planner (425) 430-7289 cclose@rentonwa.gov January 10, 2022 Public Hearing AGENDA ITEM #3. a) ▪Project Request and Location ▪Background Summary ▪Development Agreement ▪Renton Municipal Code Analysis ▪Staff Recommendation Presentation Overview 2 AGENDA ITEM #3. a) ▪King County DCHS is requesting a Development Agreement and change of use to convert the former Extended Stay America hotel to Permanent Supportive Housing. ▪Located within the Employment Area (EA) Comprehensive Plan land use designation and the Commercial Office (CO) zoning classification at 1150 Oakesdale Ave SW. ▪Application was submitted on 10/8/21 and the determined complete on 11/8/21. ▪SEPA Environmental Review was completed for the Permanent Supportive Housing development project with the County issuing a DNS on 10/12/21. Project Request and Location 3 SITE King County Sewer Treatment Plant SW 7th St BlackRiver South Condos Office Building Valley 405 Office Park Enterprise Rent a Car Shell Convenience Store and Gas Station AGENDA ITEM #3. a) ▪3.89-acre site located in Valley Community Planning Area with site access via a Oakesdale Ave SW. ▪Developed as a 3-story 110-room hotel with approx. 68,000 sf. Each room offers a bed or beds, a kitchenette, a bathroom, and are approx. 318 to 470 sf in size. ▪Convert the extended stay hotel to approx. 106 affordable units and retain approx. 117 surface parking spaces. ▪Project would include minor site plan and building improvements, such as an amenity area, fencing, refuse and recycling area, and equipping each room with Kitchen. Project Request and Location, cont. 4 SITE AGENDA ITEM #3. a) ▪The County purchased the property in 2021. ▪The State Legislature has authorized the execution of development agreements per RCW 36.70B.170-210. ▪The proposed use includes 24-hour staffing, a code-of-conduct for all residents, active individualized case management, wrap-around service availability for residents, adherence to a good neighbor plan that addresses litter, noise, and security procedures. Background Summary 5 AGENDA ITEM #3. a) ▪The proposed project would require building and/or construction permits, create additional demand for transportation and park system improvements, school facilities, and fire protection facilities. All applicable fees would be paid in accordance with the current fee schedule. ▪Public Comment received regarding safety concerns. ▪The City would reserve the authority to impose new or different Development Regulations to the extent required by a serious threat to public health and safety. ▪The County intends to use a third-party operator and anticipates that they would likely transfer ownership. ▪The housing site is proposed to be operated with the following plans: security plan, transportation plan, support services plan, common recreation space plan, outdoor recreation space plan, and fire/life safety plan. Background Summary, cont. 6 AGENDA ITEM #3. a) Development Agreement ▪A development agreement sets forth the development standards that apply to, govern and vest the development, use and mitigation of the development per RCW 36.70B.170(1). ▪Through the approval of the Agreement, the City Council issues land use approval for the project file (LUA21-000389) for the Permanent Supportive Housing Site as an alternative to the County applying for and obtaining a conditional use permit and site plan review approval as part of the hearing examiner approval process. 7 AGENDA ITEM #3. a) Development Agreement, cont. 8 ▪Project elements include permitted use, operations, and other development standards and requirements that would apply to the project. ▪Operations would follow the plans, pay applicable fees, comply with urban design regulations, and follow other building and fire protection codes for future permits. ▪In addition, the Agreement establishes terms, vesting period, and general provisions. For example, the term requires the operator to occupy the site as Permanent Supportive Housing Site within four (4) years of the effective date.AGENDA ITEM #3. a) ▪SEPA Environmental Review ▪Availability of public services and facilities ▪Comprehensive Plan Compliance and Consistency ▪Zoning Development Standard Compliance and Consistency ▪Design District ▪Critical Areas ▪Site Plan Review ▪Conditional Use Permit Decision Criteria: •Consistency with Plans and Regulations •Appropriate Location •Effects on Adjacent Properties •Compatibility •Parking •Traffic •Noise, Light, and Glare •Landscaping ▪Development Agreement is consistent with RMC Renton Municipal Code Analysis 9 AGENDA ITEM #3. a) Recommendation ▪Staff recommends approval of the Health Through Housing-Renton Development Agreement and change of use, File No. LUA21-000389, DA for the proposed permanent supportive housing development project with on-site services for the chronically homeless on Oakesdale. 10 AGENDA ITEM #3. a) Mayor’s Office Memorandum DATE: January 10, 2022 TO: Ryan McIrvin, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • City Hall is open for in-person services at our Finance and Police Counters, Monday through Wednesday, 9 a.m. to 3 p.m. Our Municipal Court counter is open Thursday and Friday, 8:30 a.m. to 4:30 p.m., while hearings are conducted via zoom. Our staff continues to provide (and improve) virtual and online customer services such as our Virtual Permit Counter and our Recreation Programming reservation process. Space is limited in each facility and masks are required when inside a city facility as we follow guidance that protects both you and our employees. For more information, please visit our website. • In response to the recent inclement weather, a cold weather shelter was activated in the Renton Highlands. The shelter opened December 26, 2021 and operated on a 24/7 schedule through January 2, 2022. The shelter served between 6 and 29 people while opened. • Starting January 10, 2022, King County Metro Via to Transit has expanded their service hours and designated hubs (pick up/drop off locations) in the Renton Highlands. The new service hours are Monday through Saturday, 5:00 AM to 1:00 AM and Sunday, 6:00 AM to 12:00 AM. The updated designated hubs are Renton Transit Center, Kaiser Permanente-Renton, Bartells/QFC, Renton Highlands Library, Renton Technical College, The Landing, Hazen High School and Safeway/Starbucks/Post Office. Service can be requested through the Via smartphone app or by calling 206-258-7739. Riders can pay with an ORCA card, a Transit GO Ticket, or a credit or debit card. The goal of Via to Transit is to make getting to and from transit and around the community easier and more accessible. Via to Transit is available for trips in defined service areas only. One end of each trip must be a designated hub for the service area. • In addition, King County Metro Via to Transit Point-to-Point is a pilot, on demand service that ACCESS-eligible customers can choose to make trips anywhere within Southeast Seattle and Tukwila during service hours. Service hours are Monday AGENDA ITEM #4. a) Ryan McIrvin, Council President Members of Renton City Council Page 2 of 2 January 10, 2022 through Saturday, 5:00 AM to 1:00 AM, Sunday, 6:00 AM to 12:00 AM. Rides must start and end within the service area. Need help or have questions? Call 206-553- 3000 or WA Relay 711. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  On-going Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support the Solera Development Project (LUA20- 000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) January 3, 2022 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, January 3, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM. ROLL CALL Councilmembers Present: Ryan McIrvin, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 (All councilmembers attended remotely) Councilmembers Absent: Valerie O'Halloran, Council Position No. 3 MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL EXCUSE ABSENT COUNCILMEMBER VALERIE O'HALLORAN. CARRIED. ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Judith Subia, Council Liaison April Alexander, Executive Assistant Kristi Rowland, Deputy Chief Administrative Officer Preeti Shridhar, Equity, Housing, and Human Services Administrator Chip Vincent, Community & Economic Development Administrator Martin Pastucha, Public Works Administrator Kari Roller, Finance Department Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Kelly Beymer, Parks & Recreation Department Administrator Jessica Giner, Municipal Court Judge AGENDA ITEM #6. a) January 3, 2022 REGULAR COUNCIL MEETING MINUTES Kara Murphy Richards, Municipal Court Judge Ron Straka, Public Works Utility Systems Director Vangie Garcia, Public Works Transportation Planning Manager Chief Jon Schuldt, Police Department Administrator Commander Ryan Rutledge, Police Department (All City staff attended remotely except City Clerk Seth) SWEARING-IN CEREMONY 1) James Alberson, Sr. administered the oath of office to James Alberson, Jr., Council Position No. 1. 2) Jasmine Maisonet administered the oath of office to Carmen Rivera, Council Position No. 2. 3) Washington Supreme Court Justice Mary Yu administered the oath of office to Ruth Pérez, Council Position No. 6. Mayor Pavone congratulated the newly- and re-elected Councilmembers. INTRODUCTION OF MUNICIPAL COURT JUDGES 1. Jessica Giner, Municipal Court Judge Position No. 1, expressed appreciation for the opportunity to meet Council and invited them to tour the Municipal Court. 2. Kara Murphy Richards, Municipal Court Judge Position No. 2, also expressed appreciation for the opportunity to meet Council and emphasized that the Municipal Court has many new community programs, and she also encouraged Council to tour the Municipal Court. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2022 and beyond. Items noted were: • Renton History Museum is hosting two new exhibits through February 11, 2022. The Annual Art Show of the Brain Injury Alliance of Washington is in the main gallery, featuring 23 pieces by 22 artists. These works demonstrate the healing power of creativity. Also in the main gallery is Life on the Rivers, an exhibit that explores the central role of the Black and the Cedar Rivers in the lives of Renton’s earliest residents, the Duwamish People, and the white settlers who came later. Renton History Museum is located at 235 Mill Ave. S.; hours are Wednesday through Friday, 10 am to 4 pm. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AGENDA ITEM #6. a) January 3, 2022 REGULAR COUNCIL MEETING MINUTES AUDIENCE COMMENTS • Diane Dobson, Renton, expressed disappointment in Council's action to pursue a new use of the Renton Pavilion, urged them to review the Civic Core Plan, and remarked that construction delays as well as the pandemic have caused hardships for many downtown business owners. Mayor Pavone noted that $600,000 in small business grants were made available and only about $200,000 had been allocated. He noted that there will be a second round of grant applications for those who missed the first deadline. • Jay (unknown), Renton, expressed dismay regarding the open drug use and crime occurring near the 7-11 and Safeway stores in downtown. He asked Council to allocate more resources to address these issues. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember Pérez requested Items 7.f, 7.g, 7.h, 7.i, and 7.j be removed for separate consideration. a) Approval of Council Meeting minutes of 12/13/2021. Council Concur. b) AB - 3025 City Clerk submitted the King County certified election results for the November 2, 2021 General Election as follows: Council Position No. 1: James Alberson - 9,790 votes, 59.12% - ELECTED; Joe Todd - 6,695 votes, 40.43% ; Write-in - 75 votes, 0.45%; Council Position No. 2: Carmen Rivera - 8,616 votes, 51.69% - ELECTED; Ben Johnson - 7,996 votes, 47.97%; Write-in - 57 votes, 0.34%; Council Position No. 6 Ruth Perez - 12,740 votes, 97.54% - ELECTED; Write-in - 321 votes, 2.46%; Municipal Court Judge Position No. 1: Jessica Giner - 12,298, 98.15% - ELECTED; Write-in - 232 votes, 1.85%; Municipal Court Judge Position No. 2: Kara Murphy Richards - 12,313 votes, 98.60% - ELECTED; Write-in - 175 votes, 1.40%. None; Information Only. c) AB - 3033 Parks & Recreation Department recommended authorizing execution of a grant extension agreement, with School's Out Washington, in the amount of $87,002.50, subject to approval as to form by the City Attorney Department, for the purpose of increasing a 0.75 Full-Time Equivalent (FTE) position to 1.0 FTE from January 1, 2022 through January 30, 2022 in the Recreation Division. Refer to Finance Committee. d) AB - 3038 Parks & Recreation Department requested authorization to hire a Lead Golf Course Maintenance Worker candidate at Step D of salary grade a16, effective January 3, 2022. Refer to Finance Committee. e) AB - 3041 Parks & Recreation Department - PPNR recommended approval of an agreement with Northwest Playground Equipment, Inc., in the amount of $291,856.46, for the design, demolition of existing equipment, and the furnishing and installation of new playground equipment at Cascade Park. Refer to Finance Committee. k) AB - 3044 Public Works Transportation Systems Division requested authorization to convert an existing 0.5 Full-Time Equivalent (FTE) Civil Engineer III position to a 1.0 FTE Civil Engineer III position, utilizing Washington Traffic Safety Commission grant funds and division savings for 2022. Refer to Finance Committee. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, MINUS ITEMS 7.F., 7.G., 7.H., 7.I, AND 7.J. CARRIED. AGENDA ITEM #6. a) January 3, 2022 REGULAR COUNCIL MEETING MINUTES SEPARATE CONSIDERATION - ITEMS 7.F., 7.G., 7.H., 7.I., and 7.J. f) AB - 3046 Police Department requested authorization to hire a Police Staff Services Specialist at Step E of salary grade pn62, effective January 3, 2022. Refer to Finance Committee. g) AB - 3034 Police Department requested authorization to hire a lateral police officer at Step D of salary grade pc60, effective December 1, 2021. Refer to Finance Committee. h) AB - 3035 Police Department requested authorization to hire a lateral police officer at Step D of salary grade pc60, effective January 1, 2022. Refer to Finance Committee. i) AB - 3036 Police Department requested authorization to hire a lateral police officer at Step D of salary grade pc60, effective January 1, 2022. Refer to Finance Committee. j) AB - 3037 Police Department requested authorization to hire a lateral police officer at Step D of salary grade pc60, effective January 1, 2022. Refer to Finance Committee. MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEMS 7.F, 7.G., 7.H., 7.I, AND 7.J. AS COUNCIL CONCUR. CARRIED. LEGISLATION Ordinance for second and final reading: a) Ordinance No. 6053: An ordinance was read amending Section 2-21-4 of the Renton Municipal Code, updating the terms of appointment for the Renton Regional Fire Authority Governing Board, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:28 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 03 Jan 2022 AGENDA ITEM #6. a) Council Committee Meeting Calendar January 3, 2022 January 4, 2022 Tuesday 3:30 PM Utilities Committee, Chair Alberson – VIDEOCONFERENCE 1. 2022 Solid Waste Utility Revenue and Fund Requirements 2. Emerging Issues in Utilities 4:30 PM Community Services Committee, Chair Rivera – VIDEOCONFERENCE 1. Update on Parks and Trails Division CANCELED Transportation Committee, Chair Văn January 10, 2022 Monday 4:00 PM Finance Committee, Chair O’Halloran – VIDEOCONFERENCE 1. Best Starts for Kids - Out-of-School Time 2022 Grant Extension (STREAM Team) 2. Request to Hire Lead Golf Course Maintenance Worker at Step D 3. Cascade Park Playground Equipment Replacement 4. Conversion of Transportation Planning Civil Engineer III 0.5 FTE to 1.0 FTE 5. Vouchers 6. Emerging Issues in Finance 4:45 PM * Planning & Development Committee, Chair Prince – VIDEOCONFERENCE 1. Docket 16 Update 2. Emerging Issues in CED 5:30 PM * Committee of the Whole, Chair McIrvin – VIDEOCONFERENCE 1. Appointments to Regional Boards & Committees 2. EHHS Introduction & ARPA Allocation Plan * 3. Health Through Housing * 7:00 PM Council Meeting – VIDEOCONFERENCE * revised 01/04/22 AGENDA ITEM #6. a) AB - 3042 City Council Regular Meeting - 10 Jan 2022 SUBJECT/TITLE: CONTRACT AWARD: Highlands to Landing Pedestrian Lighting Phase II Project; CAG-21-004 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: Contract Amount: $330,490.83 Total Budget: $422,489 Engineer's Estimate: $332,227.50 SUMMARY OF ACTION: The City Clerk Division opened sealed bids for the Highlands to Landing Pedestrian Lighting Phase II project on October 28, 2021. The bid opening met the following Council criteria: 1) There were more than bid submitted. 2) The lowest responsive and responsible bid was within the project budget. 3) There were no irregularities with the lowest responsive and responsible bid. Therefore, staff recommends awarding CAG-21-004, Highlands to Landing Pedestrian Lighting Phase II project, to the lowest responsive and responsible bidder, Colvico, Inc., in the amount of $330,490.83. EXHIBITS: A. Staff Recommendation Memo B. Bid Tab STAFF RECOMMENDATION: Award the contract for CAG-21-004, Highlands to Landing Pedestrian Lighting Phase II project, to the lowest responsive and responsible bidder, Colvico, Inc., in the amount of $330,490.83. AGENDA ITEM #6. b) H:\File Sys\TED - Transp Engr Design\TED 40 - Projects\03981 H2L Ped Lighting\7000 Bidding\7300 Award\1-Admin\Working files\Memo to City Clerk - Recommend Award of CAG-21-004.docx Public Works Department Memorandum DATE: December 21, 2021 TO: Jason Seth, City Clerk FROM: Bob Hanson, Transportation Design Manager STAFF CONTACT: Emily Logan, Transportation Project Manager SUBJECT: Award of Construction Contract for Highlands to Landing Pedestrian Lighting Phase II Project, CAG-21-004 The Transportation Systems Division recommends that the Highlands to Landing Pedestrian Lighting Phase II Construction Contract, in the amount of $330,490.83, be awarded to Colvico, Inc., P.O. Box 2682, Spokane, WA 99220. On Thursday October 28, 2021, the Bids were opened. There were three (3) bids submitted. The bid submitted by Colvico, Inc. has been determined to be the lowest responsive and responsible bid. The bid submitted by Colvico, Inc. was under the Engineer’s Estimate of $332,227.50 by $1,736.67. After analysis of the bids, it was determined that the bid is a fair representation of the cost of the work associated with this project. The total budget for Highlands to Landing Pedestrian Lighting Phase II project is $422,489. The total expenditures to date from the budget is $149,445. Therefore, the total funding available for the construction phase is $273,044 (construction contract and construction management). Of that amount, $82,146 is estimated for construction management and $50,700 is estimated for Additional Design Services. The remaining budget leaves $140,198 for the construction contract. The bid from Colvico, Inc. is $330,490.83. The estimated funding shortfall for the construction contract is $190,292. The additional shortfall funds will come from the 317 Fund Balance and will be adjusted during Carryforward. The construction contract provides pedestrian lighting and miscellaneous improvements identified in the contract. The work includes but is not limited to fence repair, temporary erosion control, restoration of landscaping and irrigation, and temporary traffic control. AGENDA ITEM #6. b) Jason Seth Page 2 of 2 December 21, 2021 h:\file sys\ted - transp engr design\ted 40 - projects\03981 h2l ped lighting\7000 bidding\7300 award\1-admin\working files\memo to city clerk - recommend award of cag-21-004.docx Description Amount Totals CM Agreement:$82,146.00 Previous Supplements __ $0.00 This Supplement No. __ $0.00 Total $82,146.00 Construction Design Support Agmt.: $0.00 Previous Supplements __ $0.00 This Supplement No. __ $0.00 Total $0.00 Additional Design Services Agmt.: $50,700.00 Previous Supplements __ $0.00 This Supplement No. __ $0.00 Total $50,700.00 Environmental Services Agmt: $0.00 Previous Supplements __ $0.00 This Supplement No. __ $0.00 Total $0.00 Construction Contract: $330,490.83 Previous Change Orders __ $0.00 This Change Order No. __ $0.00 Total $330,490.83 Encumbrance Grand Total $463,336.83 Project Construction Revenue $273,044.52 Remaining Constr. Revenue Budget -$190,292.31 Project Construction Contractual Encumbrance Project: Highlands to Landing Pedestrian Lighting Phase II Attachments Bid Tabulations cc: Martin Pastucha, Public Works Administrator Jim Seitz, Transportation Systems Director AGENDA ITEM #6. b) BID TABULATIONS PROJECT: HIGHLANDS TO LANDING PEDESTRIAN LIGHTING PHASE II BID DATE: TUESDAY, OCTOBER 26, 2021 BID OPENING: THURSDAY, OCTOBER 28, 2021 ITEM NO.ITEM DESCRIPTION SPEC. SECTION UNIT QUANTITY UNIT PRICE* EXTENSION UNIT PRICE* EXTENSION UNIT PRICE* EXTENSION UNIT PRICE* EXTENSION 1 Mobilization 1-09 LS 1 31,000.00 31,000.00 13,200.00 13,200.00 35,433.00 35,433.00 35,000.00 35,000.00 2 Roadway Surveying 1-05 LS 1 2,500.00 2,500.00 7,700.00 7,700.00 4,500.00 4,500.00 4,725.00 4,725.00 3 COVID-19 Health and Safety Plan 1-07 LS 1 2,500.00 2,500.00 2,223.00 2,223.00 750.00 750.00 500.00 500.00 4 Utility Potholing 1-07 EST 1 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 5 Resolution of Utility Conflicts 1-07 EST 1 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 6 Project Temporary Traffic Control 1-10 LS 1 12,000.00 12,000.00 10,500.00 10,500.00 23,000.00 23,000.00 63,900.00 63,900.00 7 Flaggers 1-10 HR 360 60.00 21,600.00 108.00 38,880.00 69.00 24,840.00 82.50 29,700.00 8 Portable Changeable Message Sign 1-10 HR 1,000 7.00 7,000.00 10.25 10,250.00 6.00 6,000.00 6.25 6,250.00 9 Vegetation Removal 2-01 SY 150 7.00 1,050.00 90.00 13,500.00 72.00 10,800.00 12.50 1,875.00 10 Roadway Excavation Including Haul 2-03 LS 1 9,000.00 9,000.00 12,840.00 12,840.00 6,500.00 6,500.00 5,000.00 5,000.00 11 Inlet Protection 8-01 EA 4 100.00 400.00 360.00 1,440.00 125.00 500.00 90.00 360.00 12 Wattles 8-01 LF 520 6.00 3,120.00 35.00 18,200.00 6.50 3,380.00 10.00 5,200.00 13 Topsoil Type A 8-02 CY 50 55.00 2,750.00 130.00 6,500.00 101.00 5,050.00 112.50 5,625.00 14 Fine Compost 8-02 CY 10 48.00 480.00 170.00 1,700.00 120.00 1,200.00 92.50 925.00 15 Plant Selection Rubus Pentalobus "EMERALD CARPET"8-02 EA 1,000 5.00 5,000.00 29.00 29,000.00 15.00 15,000.00 30.00 30,000.00 16 Sprinkler Head Assembly 8-03 EA 32 105.00 3,360.00 46.00 1,472.00 85.00 2,720.00 75.00 2,400.00 17 PVC Pipe and Fittings 8-03 LF 450 24.00 10,800.00 5.20 2,340.00 33.00 14,850.00 12.50 5,625.00 18 Chain Link Fence Repair 8-12 LF 31 30.00 930.00 138.00 4,278.00 68.00 2,108.00 62.50 1,937.50 19 Illumination System 8-20 LS 1 184,000.00 184,000.00 123,600.00 123,600.00 186,200.00 186,200.00 252,000.00 252,000.00 20 Conduit- Direction Drilling 8-20 LF 135 80.00 10,800.00 67.00 9,045.00 85.00 11,475.00 112.50 15,187.50 SUBTOTAL=310,290.00 308,668.00 356,306.00 468,210.00 SALES TAX, 10.1% X 70%=21,937.50 21,822.83 25,190.83 33,102.45 TOTAL = 332,227.50 330,490.83 381,496.83 501,312.45 *NOTE: All applicable sales tax shall be included in the unit and lump sum bid price per section 1-07.2(1) and WAC 458-20-171. ENGINEER'S ESTIMATESCHEDULE OF BID ITEMS AND QUANTITIES Apcon Tech, Inc. PO Box 7385 Bellevue, WA 98008 Colvico Inc. PO Box 2682 Spokane, WA 99220 Transportation Systems, Inc. 6917 166th Ave East Sumner, WA 98390 Highlands to Landing Pedestrian Lighting Phase II Project Page 1 of 1 Bid Tabulations November 2021 AGENDA ITEM #6. b) Project: Highlands to Landing Pedestrian Lighting - CAG-21-004 Due Date: October 26, 2021 at 11:00 a.m. Opening: October 28, 2021 at 1:00 p.m. (Video Conference) CITY OF RENTON BID TABULATION SHEET Prop Prop Bid Total from Cover Sched Non-Col Sub Recycled Wage Sign Bid Schedule of Prices Page Prop Prices Decl List Mat Compl Page Bond *Includes Sales Tax Apcon Tech, Inc PO Box 7385 1 Bellevue x x x x x x x x x $501,312.45 WA 98008 Yury Palatnik ColVico, Inc PO Box 2682 2 Spokane x x x x x x x x x x $339,843.47 WA 99220 Jesse Dragoo Transportation Systems, Inc 6917 166th Ave East 3 Sumner x x x x x x x x x x $379,906.84 WA 98390 Bryson Huie Bidder Engineer's Estimate: $331,989.00 AGENDA ITEM #6. b) AB - 3050 City Council Regular Meeting - 10 Jan 2022 SUBJECT/TITLE: CONTRACT AWARD: Family First Community Center; CAG-21-180 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: Contract Amount: $12,474,330.00 Engineer's Estimate: $11,000,000.00 Total appropriations to date are $3,717,163, therefore an additional budget request of $12,532,837 is needed to fund the construction of the building, permits and professional services. This additional appropriation will be included on the Q1 2022 carryforward budget adjustment. The funding sources budgeted to date are approximately $11 million which includes a reserve of $5 million of general fund res ources which will be transferred back to the general fund once all funds are received from the Renton Community Foundation and other donors who have pledged funds. Additional appropriations of the following funding resources are also requested at this time to include $3,379.000 to reflect the grants received through HealthPoint, and $3,500.000 of REET 1 to cover the shortfall in fundraising to date. These additional budget resources will be included on the Q1 2022 carryforward budget adjustment. SUMMARY OF ACTION: The City Clerk Division opened sealed bids for the Family First Community Center construction project on December 8, 2021. The bid opening met the following Council criteria: 1) There was more than one bid submitted. 2) The lowest responsive and responsible bid was within the proposed project budget. 3) There were no irregularities with the lowest responsive and responsible bid. Therefore, staff recommends awarding CAG-21-180, Family First Community Center construction project, to the lowest responsive and responsible bidder, Comer GC, Inc., in the amount of $12,474,330.00. EXHIBITS: A. Staff Recommendation Memo B. Bid tab STAFF RECOMMENDATION: Award the contract for CAG-21-180, Family First Community Center construction project, to the lowest responsive and responsible bidder, Comer GC, Inc., in the amount of $12,474,330.00. AGENDA ITEM #6. c) PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:January 4, 2022 TO:Jason Seth, City Clerk FROM:Martin Pastucha, Public Works Administrator STAFF CONTACT:Russ Woodruff, Capital Projects Coordinator SUBJECT:Award of Construction Contract for Family First Community Center CAG 21-180 The Public Works Facilities Division recommends the construction contract for the Family First Community Center, in the amount of $12,474,330.00, be awarded to Comer GC, Inc., 4615 150th Place SE, Everett, WA. 98208. On December 8, 2021, the City of Renton received 7 proposals from qualified general contractors. The bid from Comer GC, Inc. was determined to be the lowest responsive and responsible bid for construction of the Family First Community Center (FFCC). The engineers estimate for the project was $11,000,000.00. The base bid from Comer GC was $10,970,000.00 before tax. Two alternates have been chosen by the City to be included. The first alternate is a green roof for $250,000.00. The green roof enhances the facility’s environmental performance by reducing storm water run-off. The second alternate provides additional acoustical panels for $110,000.00. The panels will be added to key areas (gym, meeting roofs and other areas) to dampen noise and improve the functional performance of the spaces. The total construction contract value, including both alternates, is $11,330,000.00 before tax. With sales tax, the contract value is $12,474,330.00 Comer GC, Inc. is well qualified to undertake the project. They recently completed the Kent Academy for the Kent School District. The academy is a 62,000 square foot facility with a total project cost of over $28,000,000. References for the project stated the firm performed extremely well and project personnel received high marks for project management and administration. Luke Comer, Comer GC, President and Tim Comer, Comer GC, CEO served as project manager and superintendent respectively. Both will serve in the same roles for the FFCC project. Total project budget is $16,250,000.00. This amount includes the above construction contract total, 10% in construction contingency, plus all design and engineering, permitting and other professional services necessary to fully complete the project. AGENDA ITEM #6. c) Jason Seth, City Clerk Page 2 of 2 January 4, 2022 To date, $14,121,636 in funds have been committed for the construction of the Family First Community Center. This includes $4,000,000 from the City of Renton, $4,434,000 in grant funding from the State of Washington, a $3,000,000.00 grant from the First Financial Northwest Foundation, $1,000,000.00 from Doug Baldwin Jr., $250,000.00 from the Bill and Melinda Gates Foundation, $200,000 from the Premera Social Impact fund as well as a host of other grants and donations from organizations and individuals. Grants and donations have been made directly to the City of Renton as well as to our project partners, HealthPoint and the Family First Community Center Foundation (FFCCF) – Doug Baldwin Jr., Executive Director. All grant funds made to the FFCCF have been received via the Renton Regional Community Foundation (RRCF), which is serving as their fiduciary agent. HealthPoint has received grant funds designated for capital construction. The City will invoice HealthPoint and the RRCF for the funds received per grant award terms. Total appropriations to date are $3,717,163, therefore an additional budget request of $12,532,837 is needed to fund the construction of the building, permits and professional services. This additional appropriation will be included on the Q1 2022 carryforward budget adjustment. The funding sources budgeted to date are approximately $11 million which includes a reserve of $5 million of general fund resources which will be transferred back to the general fund once all funds are received from the Renton Community Foundation and other donors who have pledged funds. Additional appropriations of the following funding resources are also requested at this time to include $3,379.000 to reflect the grants received through HealthPoint, and $3,500.000 of REET 1 to cover the shortfall in fundraising to date. These additional budget resources will be included on the Q1 2022 carryforward budget adjustment. All costs for programming and facility operations will be the responsibility of the FFCC tenants – Family First Community Center Foundation, HealthPoint and the Renton School District for the STEM classroom included within the building. The FFCC project will provide a long-needed community center for the Cascade/Benson Hill neighborhood. The 21,510 SF facility will be a 1-story, fully accessible building. It is designed to achieve (Leadership in Energy and Environmental Design) LEED Silver certification from the U.S. Green Building Council. Elements of this design include a green roof to mitigate storm water run-off, highly efficient HVAC systems, materials certified from sustainable sources, and a variety of other enhancements to benefit users and the immediate and larger environment. The building will include a gymnasium for sports and recreation, a dance studio, fitness room and infant/child/teen drop-off rooms – all staffed by FFCCF personnel. The HealthPoint clinic will provide medical, dental and behavioral health services. The Renton School District will operate a STEM classroom to serve the adjacent Cascade Elementary School and other district needs. All project partners have actively participated throughout the design process to assure the building will properly support and program needs and requirements. AGENDA ITEM #6. c) Project: Family First Community Center Project - CAG-21-180Due Date: December 8, 2021 at 2:00 p.m.Opening Date: 3:00 p.m. (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromBid L&I Allow Sub Ack Schedule of PricesProp Bond Cert 1&2 List 1 Adden 1,2 & 3*Excludes Sales TaxAllied Construction Assoc.Base Bid:3120 Hewitt Avenue $11,767,509.001EverettXX X X X XAlternates:Wa1) $225,000.00982012) $68,000.00Clint3) -$58,000.00BjellaBayley Construction, LPBase Bid:8005 SE 28th Street$12,520,000.002Mercer IslandXX X X X XAlternates:Wa1) $280,000.00980402) $116,000.00Stephen3) -$63,000.00GrassoBerschauer Group, Inc.Base Bid:P.O. Box 11910$11,600,000.003OlympiaXX X X X XAlternates:Wa1) $263,000.00985082) $118,000.00Regan3) -$63,000.00BerschauerBidderFORMSEngineer's Estimate$11,000,000.00AGENDA ITEM #6. c) Project: Family First Community Center Project - CAG-21-180Due Date: December 8, 2021 at 2:00 p.m.Opening Date: 3:00 p.m. (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromBid L&I Allow Sub Ack Schedule of PricesProp Bond Cert 1&2 List 1 Adden 1,2 & 3*Excludes Sales TaxBidderFORMSChristensen, inc.Base Bid:2840 Crites Street SW, #100$11,420,000.004TumwaterXX X X X XAlternates:Wa1) $277,000.00985122) $110,000.00Joe3) -$60,000.00PrestoComer GC, inc.Base Bid:4615 150th Pl SE$10,970,000.005EverettXX X X X XAlternates:Wa1) $250,000.00982082) $110,000.00Luke3) -$60,000.00Comer Forma Construction CompanyBase Bid:500 Columbia St NW, Suite 201$11,960,000.006OlympiaXX X X X XAlternates:Wa1) $264,000.00985012) $103,000.00Brian3) $1.00RichEngineer's Estimate$11,000,000.00AGENDA ITEM #6. c) Project: Family First Community Center Project - CAG-21-180Due Date: December 8, 2021 at 2:00 p.m.Opening Date: 3:00 p.m. (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromBid L&I Allow Sub Ack Schedule of PricesProp Bond Cert 1&2 List 1 Adden 1,2 & 3*Excludes Sales TaxBidderFORMSSpeedWest, ConstructionBase Bid:307 Bell St, Suite 101$12,230,000.007EdmondsXX X X X XAlternates:Wa1) $280,000.00980202) $120,000.00Douglas3) -$60,000.00Spee Engineer's Estimate$11,000,000.00AGENDA ITEM #6. c) AB - 3047 City Council Regular Meeting - 10 Jan 2022 SUBJECT/TITLE: Main Street Renton dba Renton Downtown Partnership Contract for services 2022 and 2023 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Amanda Askren, Economic Development Director (Acting) EXT.: 7369 FISCAL IMPACT SUMMARY: Contract Amount: $260,000 Total budget: New appropriation of $260,000 is requested from the General Fund balance. The Department of Economic Development has budget savings in 2021 to be applied to the associated costs. SUMMARY OF ACTION: The Department of Economic Development desires to engage the Renton Downtown Partnership to perform services for a two-year period (2022 and 2023) in order to obtain designation as a Washington State Main Street community pursuant to RCW 43.360 by meeting the technical and management criteria, while also enhancing the downtown community. Some of the highlights from the contract include a commitment from the Renton Downtown Partnership to: • Develop and maintain a multi-year strategic plan that addresses the community’s vision and incorporates the Four Points of the Main Street Approach™ . • Create economic development initiatives to encourage business growth and recruitment. • Work with City to implement the goals and projects of the Civic Core Vision and Action plan. The contract also includes the requirement to submit two written reports to the City describing achievements and progress under this Scope of Work not later than January 20, 2023 and January 20, 2024. EXHIBITS: A. Draft contract with Main Street Renton dba Renton Downtown Partnership B. Exhibit A - Scope of Work STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Contract Agreement with Main Street Renton dba Renton Downtown Partnership in the amount of $260,000 to support efforts to apply and obtain designation as a Washington State Main Street community. AGENDA ITEM #6. d) AGREEMENT BETWEEN CITY OF RENTON AND MAIN STREET RENTON (DBA RENTON DOWNTOWN PARTNERSHIP) THIS AGREEMENT, dated for reference purposes only as December 28, 2021, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Main Street Renton dba Renton Downtown Partnership (“Consultant”), a Washington non-profit corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide the City all services and materials as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than January 31, 2024. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $260,000.00 (two hundred sixty thousand dollars), plus any applicable state and local sales taxes over the term of the Agreement. Compensation shall be paid based upon Work actually performed and specified in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for AGENDA ITEM #6. d) PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards AGENDA ITEM #6. d) PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City AGENDA ITEM #6. d) PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #6. d) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, t Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single AGENDA ITEM #6. d) PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Amanda Askren Economic Development Director, Acting 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7369 aaskren@rentonwa.gov CONSULTANT Sheila Humphries President, Renton Main Street (Renton Downtown Partnership) 241 Williams Ave S Ste E Renton, WA 98057 Phone: (575) 602-5926 RDP@gorenton.com AGENDA ITEM #6. d) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. AGENDA ITEM #6. d) PAGE 8 OF 10 D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Amanda Askren. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. AGENDA ITEM #6. d) PAGE 9 OF 10 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #6. d) PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Sheila Humphries President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ M. Patrice Kent Sr. Assistant City Attorney Contract Template Updated 5/21/2021 AGENDA ITEM #6. d) DocuSign Envelope ID: 15FC0DDB-E108-4411-B664-56F66F80B8C6 EXHIBIT A RENTON MAIN STREET dba RENTON DOWNTOWN PARTNERSHIP SCOPE OF WORK 2022 through 2024 The Contractor agrees to provide the City all services and materials set forth below within the term of the Agreement: 1. Organizational Development: a. Develop and maintain a multi-year strategic plan that addresses the community’s vision and incorporates the Four Points of the Main Street Approach™ . b. Implement the strategic plan by: i. Creating and following an annual workplan, which workplan shall be reviewed by City staff prior to implementation. ii. Create and maintain an independent infrastructure for organizational management, including but not limited to: 1. Develop funding mechanisms to implement the annual workplan and achieve self-sufficiency from City funding not later than December 31, 2023. 2. Review and update By-Laws as needed; and 3. Review and update points of contact as needed; and 4. Review and update business and records management and reporting as needed. iii. Develop printed material regarding Main Street Renton and its mission, goals, and objectives iv. In collaboration with the City, develop and promote the website rentondowntown.com; v. Develop materials for distribution to prospective businesses (ie. Welcome Resource guide, available property info, downtown profile, etc) vi. Support existing events and activities in downtown 2. Washington Main Street Community Designation a. Obtain designation as a Washington State Main Street community pursuant to RCW 43.360 by meeting the technical and management criteria, while also enhancing the downtown community including; i. Commitment to comprehensive downtown revitalization ii. Historic preservation ethic (public and private sectors) iii. Evidence of potential public and private sector investment in the district iv. Capacity of the organization to undertake a comprehensive program AGENDA ITEM #6. d) DocuSign Envelope ID: 15FC0DDB-E108-4411-B664-56F66F80B8C6 v. Financial commitment to implement a long-term program b. Create economic development initiatives to encourage business growth and recruitment. i. Build a strategic marketing plan/campaign ii. Host shop small initiatives throughout the year (including community events such as the Renton Wine Walks, Olde Fashioned Halloween, Small Business Saturday, and the Santa House) c. Work with City to implement the goals and projects of the Civic Core Vision and Action plan. i. Meet quarterly with city staff to review progress in meeting the previous quarter’s workplan. ii. Co-lead Downtown Stakeholders meetings to coordinate issues with city staff 3. Deliverables a. Submit two written reports to the City describing achievements and progress under this Scope of Work not later than January 20, 2023 and January 20, 2024. AGENDA ITEM #6. d) AB - 3048 City Council Regular Meeting - 10 Jan 2022 SUBJECT/TITLE: Dept of Commerce Grant - Renton Trail Connector RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Jonathan Chavez, Civil Engineer 3 • Community and Economic Development EXT.: x7288 FISCAL IMPACT SUMMARY: Department of Commerce Grant award to the City for $490,000 SUMMARY OF ACTION: Background: The Renton Trail Connector project is part of the larger Burnett Linear Park Project. The City was awarded a partial amount of the original grant amount, resulting in a scaled-down scope of work for the use of these funds. ($2 million applied for, only $500k awarded, which includes the $10k Grant Admin Fee) Scope: The Renton Trail Connector project will extend a path in the heart of Downtown Renton separated from the roadway that connects with regional networks including the Lake to Sound and Cedar River trails to foster a more walkable and bikeable environment. This project will replace existing concrete sidewalk and driveways in kind along the east side of Burnett Ave S (between S. 4th and S. 5th streets) to improve ADA access and connect to the Burnett Linear Park in the near future (once more funding is secured). The work includes replacing existing driveway curb cuts, streetlights and adjusting franchise utility vaults to grade. The new trail segment for this project will extend from the existing Burnett Linear Park to South Fourth Street. This brings the trail into the Civic Core and provides a healthy ‘green spine’ that will catalyze new small business and family-friendly development in the Civic Core and Downtown. Project activities will include and not be limited to the completion of: - Design and bid documents - Construction - Path amenities ▫ A multi-use path and protected bicycle lane for cyclists and pedestrians separated from the roadway that also connects with the Lake to Sound and Cedar River Trails and regional transit connections AGENDA ITEM #6. e) ▫ This new path section of the regional network will p rovide a 10-foot protected sidewalk ▫ and associated amenities to foster a more walkable and bikeable environment. ▫ New street trees planted and/or preserving existing trees along the existing alignment ▫ Space provided for resting benches, bike lock facilities, and art Funds awarded under this grant will be used for capital expenditures to extend the Renton Trail Connector project. The location of the project is Burnett Ave S (between S 4th and 5th St), Renton, WA 98057 This project began in June 2021 and is expected to be complete by September 2022. All project work completed with prior legislative approval. The “Copyright Provisions”, Section 33 of the General Terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant. EXHIBITS: A. Issue Paper B. Dept of Commerce Agreement C. Grant Award Letter STAFF RECOMMENDATION: Authorize execution of the grant agreement with the Department of Commerce to accept the $490,000 in grant funds and apply them toward the Renton Trail Connector project. AGENDA ITEM #6. e) Community & Economic Development M E M O R A N D U M DATE:December 01, 2021 TO:Randy Corman, Council President Members of Renton City Council FROM:Lynne Hiemer, Administrative Secretary, CED-Economic Development SUBJECT:Dept of Commerce Grant Award ISSUE: Should the City accept a grant of $490,000.00 offered by the WA State Department of Commerce? RECOMMENDATION: CED recommends that it be authorized by Council to accept the funds and apply them toward the Renton Trail Connector project. DISCUSSION: Background: The Renton Trail Connector project is part of the larger Burnett Linear Park Project. The City was awarded a partial amount of the original grant amount, resulting in a scaled-down scope of work for the use of these funds. ($2 million applied for, only $500k awarded, which includes the $10k Grant Admin Fee) The Renton Trail Connector project will extend a path in the heart of Downtown Renton separated from the roadway that connects with regional networks including the Lake to Sound and Cedar River trails to foster a more walkable and bikeable environment. This project will replace existing concrete sidewalk and driveways in kind along the east side of Burnett Ave S (between S 4th and 5th street) to improve ADA access and connect to the Burnett Linear Park in the near future (once more funding is secured). The work includes replacing existing driveway curb cuts, streetlights and adjusting franchise utility vaults to grade. The new trail segment for this project will extend from the existing Burnett Linear Park to South Fourth Street. This brings the trail into the Civic Core and provides a healthy ‘green spine’ that will catalyze new small business and family-friendly development in the Civic Core and Downtown. Included in the scope of work: - 10-feet sidewalk with street tree grates for pedestrians, separated from the roadway that connects with the Lake to Sound and Cedar River Trails and regional connections AGENDA ITEM #6. e) - A multi-use path and protected bicycle lane for cyclists and pedestrians separated from the roadway that also connects with the Lake to Sound and Cedar River Trails and regional transit connections. - New street trees planted and/or preserving existing trees along the existing alignment - Space provided for resting benches, bike lock facilities, and art - A more walkable and bikable environment fostered in the downtown core and opportunities created for healthy activities in a neighborhood that is “majority minority” in make-up, has a median income currently $30,000 below the King County median, and has 50 percent of households considered cost-burdened’” cc: Chip Vincent, CED Administrator Amanda Askren, Acting EconDev Director-CED Jonathan Chavez, Civil Engineer-CED7 AGENDA ITEM #6. e) Washington State Department of Commerce www.commerce.wa.gov Grant to City of Renton through The Local and Community Projects Program For Renton Trail Connector Start date:July 1, 2019 AGENDA ITEM #6. e) AGENDA ITEM #6. e) i TABLE OF CONTENTS FACE SHEET ................................................................................................................................................ 1 DECLARATIONS .......................................................................................................................................... 3 SPECIAL TERMS AND CONDITIONS ......................................................................................................... 5 1.GRANT MANAGEMENT ................................................................................................................... 5 2.COMPENSATION ............................................................................................................................. 5 3.CERTIFICATION OF FUNDS PERFORMANCE MEASURES ......................................................... 5 4.PREVAILING WAGE LAW ................................................................................................................ 6 5.DOCUMENTATION AND SECURITY .............................................................................................. 6 6.BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES ............................................................................................ 6 7.EXPENDITURES ELIGIBLE FOR REIMBURSEMENT .................................................................... 6 8.BILLING PROCEDURES AND PAYMENT ....................................................................................... 7 9.SUBCONTRACTOR DATA COLLECTION ....................................................................................... 8 10.CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ...................................... 8 11.INSURANCE ..................................................................................................................................... 8 12.ORDER OF PRECEDENCE ........................................................................................................... 10 13.REDUCTION IN FUNDS ................................................................................................................. 10 14.OWNERSHIP OF PROJECT/CAPITAL FACILITIES ...................................................................... 10 15.CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ............................. 10 16.CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ............................. 11 17.SIGNAGE, MARKERS AND PUBLICATIONS ................................................................................ 11 18.HISTORICAL AND CULTURAL ARTIFACTS ................................................................................ 11 19.REAPPROPRIATION ...................................................................................................................... 12 20.TERMINATION FOR FRAUD OR MISREPRESENTATION .......................................................... 12 GENERAL TERMS AND CONDITIONS ..................................................................................................... 13 21.DEFINITIONS.................................................................................................................................. 13 22.ACCESS TO DATA ......................................................................................................................... 13 23.ADVANCE PAYMENTS PROHIBITED ........................................................................................... 13 24.ALL WRITINGS CONTAINED HEREIN .......................................................................................... 13 25.AMENDMENTS ............................................................................................................................... 13 26.AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 ................................................................................ 14 27.ASSIGNMENT................................................................................................................................. 14 28.ATTORNEYS’ FEES ....................................................................................................................... 14 29.AUDIT .............................................................................................................................................. 14 30.BREACHES OF OTHER STATE CONTRACTS ............................................................................. 15 31.CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .......................................................... 15 32.CONFLICT OF INTEREST ............................................................................................................. 15 33.COPYRIGHT PROVISIONS ........................................................................................................... 16 34.DISPUTES ...................................................................................................................................... 16 AGENDA ITEM #6. e) ii 35.DUPLICATE PAYMENT .................................................................................................................. 17 36.GOVERNING LAW AND VENUE ................................................................................................... 17 37.INDEMNIFICATION ........................................................................................................................ 17 38.INDEPENDENT CAPACITY OF THE GRANTEE ........................................................................... 17 39.INDUSTRIAL INSURANCE COVERAGE ....................................................................................... 17 40.LAWS .............................................................................................................................................. 18 41.LICENSING, ACCREDITATION AND REGISTRATION................................................................. 18 42.LIMITATION OF AUTHORITY ........................................................................................................ 18 43.NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................................ 18 44.PAY EQUITY ................................................................................................................................... 18 45.POLITICAL ACTIVITIES ................................................................................................................. 18 46.PUBLICITY ...................................................................................................................................... 19 47.RECAPTURE .................................................................................................................................. 19 48.RECORDS MAINTENANCE ........................................................................................................... 19 49.REGISTRATION WITH DEPARTMENT OF REVENUE................................................................. 19 50.RIGHT OF INSPECTION ................................................................................................................ 19 51.SAVINGS ........................................................................................................................................ 19 52.SEVERABILITY ............................................................................................................................... 19 53.SITE SECURITY ............................................................................................................................. 20 54.SUBGRANTING/SUBCONTRACTING ........................................................................................... 20 55.SURVIVAL ....................................................................................................................................... 20 56.TAXES ............................................................................................................................................. 20 57.TERMINATION FOR CAUSE ......................................................................................................... 20 58.TERMINATION FOR CONVENIENCE ........................................................................................... 20 59.TERMINATION PROCEDURES ..................................................................................................... 21 60.TREATMENT OF ASSETS ............................................................................................................. 21 61.WAIVER .......................................................................................................................................... 22 ATTACHMENT A - SCOPE OF WORK ...................................................................................................... 23 ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT.................................................................................................................................................... 25 ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES .................................................................................................................................................................... 27 ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS .......................................................... 29 AGENDA ITEM #6. e) 1 FACE SHEET Grant Number: 20-96627-211 Project Name: Renton Trail Connector Washington State Department of Commerce Local Government Division Community Assistance and Research Unit 1. GRANTEE 2. GRANTEE Doing Business As (optional) City of Renton 1055 S Grady Way Renton, WA 98057-3232 N/A 3. GRANTEE Representative 4. COMMERCE Representative Jonathan Chavez, Civil Engineer III, Dev. Eng., CED (425) 430-7288 JChavez@Rentonwa.gov Mara Isaacson, Grant Manager PO Box 42525, Olympia, WA 98504 (360) 742–7665 mara.isaacson@commerce.wa.gov 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $490,000.00 Federal:State:X Other: N/A: July 1, 2019 June 30, 2025, contingent on reappropriation; June 30, 2023 if funds are not reappropriated. 9. Federal Funds (as applicable) N/A Federal Agency N/A CFDA Number N/A 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # N/A SWV0012200-11 177000094 N/A 14. Grant Purpose The outcome of this performance-based Grant Agreement is to undertake a legislatively approved project that furthers the goals and objectives of The Local and Community Projects Program as referenced in Attachment A – Scope of Work. COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Certification of Availability of Funds to Complete the Project, Attachment “C” – Certification of the Payment and Reporting of Prevailing Wages, Attachment “D” – Certification of Intent to Enter LEED Process. FOR GRANTEE FOR COMMERCE Signature Print Name Title Date Mark K. Barkley, Assistant Director Local Government Division Date APPROVED AS TO FORM Steve Scheele, Assistant Attorney General 6/30/2021 Date AGENDA ITEM #6. e) 2 AGENDA ITEM #6. e) 3 DECLARATIONS GRANTEE INFORMATION GRANTEE Name: City of Renton Grant Number: 20-96627-211 State Wide Vendor Number: SWV0012200-11 PROJECT INFORMATION Project Name: Renton Trail Connector Project City: Renton Project State: Washington Project Zip Code: 98057-3232 GRANT AGREEMENT INFORMATION Grant Amount: $490,000.00 Appropriation Number: SHB 1102 SL Section 1042 (2019 Regular Session) Re-appropriation Number (if applicable): SHB 1080 SL Section 1041 (2021 Regular Session) Grant End Date: June 30, 2025, contingent on reappropriation; June 30, 2023, if funds are not reappropriated. Biennium: 2021-2023 Biennium Close Date: June 30, 2023 Earliest Date for Construction Reimbursement: July 1, 2016 ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT Grant End Date: In the event funds for the project are reappropriated, the contract end date will be extended pursuant to the reappropriation and consistent with Special Term and Condition 19. Depending on the reappropriation, a contract amendment may be required. AGENDA ITEM #6. e) 4 AGENDA ITEM #6. e) 5 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined on the Face Sheet of this Grant Agreement, WITNESSES THAT: WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has made an appropriation to support the Local and Community Projects Program, and directed COMMERCE to administer those funds; and WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive funding for design, acquisition, construction, or rehabilitation (a venture hereinafter referred to as the “Project”). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the GRANTEE and their contact information are identified on the Face Sheet of this Grant. 2. COMPENSATION COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of work as set forth in the Scope of Work. 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE certifying that it has expended or has access to funds from non-state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this Grant Agreement. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. v) Pledges from individual donors. vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. vii) In-kind contributions, subject to COMMERCE’S approval. AGENDA ITEM #6. e) 6 B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for COMMERCE’s review upon reasonable request. 4. PREVAILING WAGE LAW The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 5. DOCUMENTATION AND SECURITY The provisions of this section shall apply to capital projects performed by nonprofit organizations and public benefit corporations that involve the expenditure of over $500,000 in state funds. Projects for which the grant award or legislative intent documents specify that the state funding is to be used for design only are exempt from this section. A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within ninety (90) days of Grant Agreement execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set forth on the Face Sheet, hereof. B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten (10) years following the final payment of state funds to the GRANTEE under this grant. Upon satisfaction of the ten-year term requirement and all other grant terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust. C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant. D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the commitment period under this grant contract, COMMERCE may require that GRANTEE record or cause to be recorded a covenant in a superior lien position ahead of the lender’s security instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this contract for at least the term of the commitment period E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and COMMERCE shall respond to the request in writing within thirty (30) days of receiving the request. 6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT AGENDA ITEM #6. e) 7 Payments to the Grantee shall be made on a reimbursement basis only. Costs incurred on or after the EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT as shown on the Declarations page are eligible for reimbursement under this Grant Agreement. The GRANTEE may be reimbursed for the following eligible costs related to the activities identified in the SCOPE OF WORK shown on Attachment A. A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. F. Other costs authorized through the legislation 8. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum payable under this Grant Agreement. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed for the billing period. The GRANTEE can submit all Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the Grant Agreement. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter. The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of work or other termination of this Grant Agreement, or within fifteen (15) days following the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in accordance with Section 19, hereof. If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in the transmittal letter and request for payment. Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. AGENDA ITEM #6. e) 8 Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 9. SUBCONTRACTOR DATA COLLECTION GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT The GRANTEE shall complete a Certified Project Completion Report when activities identified in the SCOPE OF WORK shown on Attachment A are complete. The GRANTEE shall provide the following information to COMMERCE: A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment A, is complete and, if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in the SCOPE OF WORK shown on Attachment A. C. Certification that all costs associated with the Project have been incurred and accounted for. Costs are incurred when goods and services are received and/or Grant work is performed. D. A final voucher for the remaining eligible funds, including any required documentation. The GRANTEE will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the Grant Amount. 11. INSURANCE The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable AGENDA ITEM #6. e) 9 insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification. The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of subgrants/subcontracts. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the GRANTEE or its Subgrantee/subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance.The GRANTEE shall maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or under contract to the GRANTEE. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the GRANTEE’s fiscal agent as beneficiary. C. The GRANTEE shall provide, at COMMERCE’s request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. GRANTEES and Local Governments that Participate in a Self-Insurance Program. Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE, the GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the AGENDA ITEM #6. e) 10 Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 12. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order:  Applicable federal and state of Washington statutes and regulations  Declarations page of this Grant Agreement  Special Terms and Conditions  General Terms and Conditions  Attachment A – Scope of Work  Attachment B – Certification of the Availability of Funds to Complete the Project  Attachment C – Certification of the Payment and Reporting of Prevailing Wages  Attachment D – Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process 13. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this Grant Agreement are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant Agreement accordingly. 14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Grant Agreement; provided, however, that COMMERCE may be granted a security interest in real property, to secure funds awarded under this Grant Agreement. This provision does not extend to claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this Grant Agreement. 15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the date the final payment is made hereunder. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this Grant Agreement. C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated on the Face Sheet, AGENDA ITEM #6. e) 11 hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 47 (Recapture provision). 16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or otherwise improved using state funds under this Grant Agreement shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the date the final payment is made hereunder. B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated on the Face Sheet, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 47 (Recapture Provision). 17. SIGNAGE, MARKERS AND PUBLICATIONS If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify “The Taxpayers of Washington State” as a participant. 18. HISTORICAL AND CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 05-05 or Executive Order 21-02, where applicable, or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with Governor’s Executive Order 05-05 or Executive Order 21-02 as applicable, coordinate with Commerce and the Washington State Department of Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Contract. The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce Representative identified on the Face Sheet. If human remains are uncovered, the GRANTEE shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The GRANTEE shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto. In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. AGENDA ITEM #6. e) 12 Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 05-05 and Executive Order 21-02. In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may be required to re-comply with Governor's Executive Order 05-05, Executive Order 21-02, or Section 106 of the National Historic Preservation Act. 19. REAPPROPRIATION A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM CLOSE DATE listed on the Declarations page will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this Grant Agreement shall be contingent upon the terms of such reappropriation. B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 20. TERMINATION FOR FRAUD OR MISREPRESENTATION In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this Grant Agreement, COMMERCE reserves the right to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant. AGENDA ITEM #6. e) 13 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 21. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. D. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. ”State” shall mean the state of Washington. F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the GRANTEE. The terms “subgrantee/subcontractor” refers to any tier. G. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. H. “Vendor” is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. I. “Grant Agreement” or “Agreement” means the entire written agreement between COMMERCE and the GRANTEE, including any Attachments, Exhibits, documents, or materials incorporated by reference. 22. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE’s reports, including computer models and the methodology for those models. 23. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 24. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 25. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. AGENDA ITEM #6. e) 14 26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 The 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 telecommunications. 27. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 28. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs. 29. AUDIT A. General Requirements COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit services based on the following guidelines. The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements In the event an audit is required, if the GRANTEE is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. In any case, the GRANTEE’s records must be available for review by COMMERCE. C. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than nine (9) months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to comacctoffice@commerce.wa.gov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the GRANTEE must include:  Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE.  Copy of the Management Letter. AGENDA ITEM #6. e) 15 If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, a copy must be provided to COMMERCE; no other report is required. 30. BREACHES OF OTHER STATE CONTRACTS GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State of Washington. A breach of any other agreement entered into between GRANTEE and the State of Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement. 31. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: 1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by COMMERCE; 2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE; and 3. All personal information in the possession of the GRANTEE that may not be disclosed under state or federal law. “Personal information” includes but is not limited to information related to a person’s name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver’s license number and other identifying numbers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 32. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this Grant Agreement. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on this Grant, or any matter related to the project funded under this Grant or any other state funded project, including but not limited to formulating or drafting legislation, participating in grant procurement, planning and execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified individually by name, the agency previously or currently employed by, job title or position held, and AGENDA ITEM #6. e) 16 separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further consideration for the award of a Grant. In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this Grant Agreement. 33. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 34. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must:  be in writing;  state the disputed issues;  state the relative positions of the parties;  state the GRANTEE's name, address, and Grant number; and  be mailed to the Director and the other party’s (respondent’s) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor’s statement to both the Director or the Director’s designee and the requestor within five (5) working days. AGENDA ITEM #6. e) 17 The Director or designee shall review the written statements and reply in writing to both parties within ten (10)working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 35. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 36. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 37. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. “Claim” as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE’S or any subgrantee’s/subcontractor’s performance or failure to perform the Grant. GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 38. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Grant Agreement are not employees or agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the GRANTEE. 39. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Grant Agreement, and transmit the deducted amount to the Department of AGENDA ITEM #6. e) 18 Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the GRANTEE. 40. LAWS The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended. 41. LICENSING, ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant Agreement. 42. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by the Authorized Representative. 43. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein. The funds provided under this contract may not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this grant. 44. PAY EQUITY The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals, consistent with the following: a. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise services determines that the GRANTEE is not in compliance with this provision. 45. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. AGENDA ITEM #6. e) 19 No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 46. PUBLICITY The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE’s name is mentioned, or language used from which the connection with the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 47. RECAPTURE In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 48. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. GRANTEE shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 49. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue. 50. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 51. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 52. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. AGENDA ITEM #6. e) 20 53. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 54. SUBGRANTING/SUBCONTRACTING Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for any of the work contemplated under this Grant Agreement without obtaining prior written approval of COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s duties. This clause does not include Grants of employment between the GRANTEE and personnel assigned to work under this Grant. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law. 55. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 56. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. 57. TERMINATION FOR CAUSE In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience” if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 58. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. AGENDA ITEM #6. e) 21 59. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant Agreement. After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. 60. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. AGENDA ITEM #6. e) 22 A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors. 61. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. AGENDA ITEM #6. e) 23 ATTACHMENT A - SCOPE OF WORK Funds awarded under this grant will be used for capital expenditures to extend the Renton Trail Connector project. This new path section of the regional network will provide a 10 foot protected sidewalk and associated amenities to foster a more walkable and bikeable environment. The location of the project is Burnett Ave S (between S 4th and 5th St), Renton, WA 98057 Project activities will include and not be limited to the completion of:  Design and bid documents  Construction  Path amenities including the installation of; trees, benches, bike lock facilities, art, replacing existing driveway curb cuts, street lights, and adjusting franchise utility vaults to grade This project began in June 2021 and is expected to be complete by September 2022. All project work completed with prior legislative approval. The “Copyright Provisions”, Section 33 of the General Terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant. CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE AGENDA ITEM #6. e) 24 AGENDA ITEM #6. e) 25 ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT Type of Funding Source Description Amount Grant Washington State Department of Commerce $490,000.00 Other Grants Grant #1 $ Grant #2 $ Total Other Grants $0.00 Other Loans Loan #1 $ Loan #2 $ Total Loans $0.00 Other Local Revenue Source #1 $ Total Local Revenue $0.00 Other Funds Source #1 $ Source #2 $ Total Other Funds $0.00 Total Project Funding $490,000.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this Grant Agreement and identified above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE’s review upon reasonable request. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE AGENDA ITEM #6. e) 26 AGENDA ITEM #6. e) 27 ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the Project funded by this Grant Agreement, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE’s review upon request. If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE AGENDA ITEM #6. e) 28 AGENDA ITEM #6. e) 29 ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year written below. IF EXEMPT: DO NOT SIGN ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE AGENDA ITEM #6. e) STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  (360) 725-4000 www.commerce.wa.gov June 17, 2019 Cliff Long Economic Development Director, City of Renton 1055 S Grady Way Renton, WA 98057 RE: 2020 Direct Appropriation Grant Renton Trail Connector (Renton) Dear Cliff Long: Congratulations on being awarded a $500,000.00 state grant in the 2019-2021 Capital Budget for your project. Funds for your project were included in the budget at the request of the Governor or Legislature. Now that the capital budget has been signed into law, our role is to release these funds in a way that meets the intent of the Legislature and conforms to state regulations. We strive to do so expeditiously and will make the process as simple as possible for you. Before you can receive the funds, a contract will need to be executed between your organization and the Department of Commerce. In order to get the contracting process started, please follow these steps:  Complete the attached Contract Readiness Survey. Please note that there will be a two percent (2%) administrative fee (no more than $50,000) charged to the grant  Attach documentation for committed funds (copies of award letters, council appropriations, etc.), if applicable  Complete the attached LEED certification declaration  Attach a copy of the project request form/packet that you submitted to the Legislature Email the above documents by July 8, 2019 to your Grant Manager, Karma Shannon♥Lawson, at Karma.ShannonLawson@commerce.wa.gov. AGENDA ITEM #6. e) Please note that this is a cost reimbursement grant. Once your contract is executed, funds may be disbursed for reimbursement of costs incurred associated with your project’s scope of work. Funds may be retroactively reimbursed back to July 1, 2016. Once I receive your complete set of documents, I will begin preparing your contract. I may contact you for further information. The Legislature does not provide funding for the management of these grants. The Department of Commerce is withholding a two percent (2%) administrative fee (no more than $50,000) for management of this grant. $490,000.00 is available for your incurred costs. I look forward to working with you on this project. If you have any questions or need additional information feel free to contact me at my contact information below. Sincerely, Karma Shannon♥Lawson Grant Manager 360-810-0185 Karma.ShannonLawson@commerce.wa.gov AGENDA ITEM #6. e) AB - 3049 City Council Regular Meeting - 10 Jan 2022 SUBJECT/TITLE: Amendment No. 7 to Real Estate Disposition and Development Agreement; 200 Mill Ave S RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Matt Herrera, Current Planning Manager EXT.: 6593 FISCAL IMPACT SUMMARY: This amendment has no fiscal impact. SUMMARY OF ACTION: On August 5, 2019, the City Council authorized the Mayor and City Clerk to sign the Real Estate Disposition and Development Agreement with Cosmos International Corp. for the 200 Mill Avenue S property. Since the initial agreement, six (6) extensions to the feasibility period have been approved by City Council in order to work out final details of site leases, and to review proposed changes to the scope, scale and timing of the project proposed by Cosmos. Staff recommends the Feasibility Period be extended until March 15, 2022 to further review and discuss scope, scale, and timing of project with Cosmos and additional work needed on existing site leases. EXHIBITS: A. Amendment 7 Issue Paper B. Amendment 7 to Real Estate Disposition and Development Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment No. 7 to the Real Estate Disposition and Development Agreement with Cosmos International Corp. to extend the feasibility period to March 15, 2022. AGENDA ITEM #6. f) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:January 10, 2022 TO:Ryan McIrvin, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:C.E. “Chip” Vincent, CED Administrator x6588 STAFF CONTACT:Matt Herrera, Current Planning Manager x6593 SUBJECT:Amendment No. 7 to Real Estate Disposition and Development Agreement; 200 Mill Ave S ISSUE: Should the Mayor and City Clerk be authorized to execute Amendment No. 7 to the Real Estate Disposition and Development Agreement with Cosmos International Corp.? RECOMMENDATION: The Department recommends that the Mayor and City Clerk be authorized to execute Amendment No. 7 to the Real Estate Disposition and Development Agreement with Cosmos International Corp. DISCUSSION: On August 5, 2019, the City Council authorized the Mayor and City Clerk to sign the Real Estate Disposition and Development Agreement with Cosmos International Corp. for the 200 Mill Avenue S property. On November 18, 2019, the City Council approved an amendment extending the initial Feasibility Period by 90 days. Amendment 2 was approved by City Council on February 10, 2020, extending the Feasibility Period until April 16, 2020 and extending the closing date and other milestone dates by an equivalent number of days. Amendment 3 was approved by City Council on April 13, 2020, extending the Feasibility Period until July 16, 2020 and extending the closing date and other milestone dates by an equivalent number of days. AGENDA ITEM #6. f) Ryan McIrvin, Council President Page 2 of 2 January 10, 2022 Amendment 4 was approved by City Council on July 6, 2020 and extended the Feasibility Period until October 15, 2020. Amendment 5 was approved by City Council on October 12, 2020 and extended the Feasibility Period until October 18, 2021. Amendment 6 was approved By City Council on October 18, 2021 and extended the Feasibility Period until January 15, 2022. Additional time is necessary to work out the final details of site leases, and to review proposed changes to the scope, scale and timing of the project proposed by Cosmos. Staff recommends that the Feasibility Period be extended until March 15, 2022 to accommodate the review needed on these remaining issues. CONCLUSION: An extension of the Feasibility Period is needed to further review the Cosmos project proposal and existing leases at 200 Mill. AGENDA ITEM #6. f) AMENDMENT NO. 7 TO REAL ESTATE DISPOSITION AND DEVELOPMENT AGREEMENT [200 Mill Avenue] THIS AMENDMENT NO. 7 TO REAL ESTATE DISPOSITION AND DEVELOPMENT AGREEMENT (the "Amendment") is entered into by and between THE CITY OF RENTON, a Washington municipal corporation ("Seller" or “City”), and COSMOS INTERNATIONAL CORP., a Washington corporation ("Buyer"). RECITALS: A. Seller and Buyer entered into a certain Real Estate Disposition and Development Agreement dated August 20, 2019 (“Agreement”), concerning the purchase, sale and development of the real property described Chicago Title Insurance Company Commitment No. 193379-SC. B. Seller and Buyer desire to amend the Agreement to extend the Feasibility Period. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, which each of the parties hereby acknowledges as adequate and sufficient consideration, Buyer and Seller hereby agree as follows: 1. Definitions. Capitalized terms used herein without further definition have the meanings set forth in the Agreement. 2. Feasibility Period. The definition of “Feasibility Period” set forth in Section 1 of the Agreement is deleted and the following substituted in lieu thereof: "Feasibility Period" means the period commencing on the Effective Date and continuing through the earlier of March 15, 2022. 3. Closing Date. The definition of “Closing Date” set forth in Section 1 of the Agreement is modified to extend the Closing Date by a number of days equal to (i) the total number of days comprising the Feasibility Period (as extended by this Amendment 7) less (ii) ninety (90) days. 4. Ratification. Except as modified and amended by this Amendment, the Agreement remains in full force and effect and as originally executed. 5. Execution. This Amendment may be executed in counterparts. The parties agree to accept a digital image of this Amendment, as executed, as a true and correct original and admissible as best evidence for the purposes of state law, state rules of civil procedures, Federal Rule of Evidence 1002, and like rules, statutes and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the day and year set forth opposite their respective signatures below. AGENDA ITEM #6. f) 2 BUYER: COSMOS INTERNATIONAL CORP., a Washington corporation By: ______________________________ Its: ______________________________ Date: January ___, 2022 SELLER: CITY OF RENTON, a municipal corporation under the laws of the State of Washington By: ______________________________ Mayor Armando Pavone Date: January ___, 2022 Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney AGENDA ITEM #6. f) AB - 3030 City Council Regular Meeting - 10 Jan 2022 SUBJECT/TITLE: Agreement with the Washington Department of Commerce for the Housing Action Plan Implementation Grant to Implement an Existing Housing Action Plan RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Equity, Housing, and Human Services Department STAFF CONTACT: Hannah Bahnmiller, Housing Programs Manager EXT.: 7262 FISCAL IMPACT SUMMARY: The city received a $100,000 grant award from the Department of Commerce. The budget number for the grant is 000.070238.010.334.04.20.000. SUMMARY OF ACTION: In 2019 the city received a grant from the Department of Commerce to create and adopt a Housing Action Plan. The city's Housing Action Plan was adopted in October 2021. In October 2021 the city applied for and was awarded a $100,000 grant from the Department of Commerce to implement the Housing Action Plan. The award will be used for three projects: 1. A sub regional tracking and monitoring program for affordable housing across south King County cities (Auburn, Burien, Kent, Renton, and Tukwila). 2. A residential land use study to promote diverse housing types and sizes. 3. A nexus study to evaluate the use of linkage fees to generate revenue for affordable housing. EXHIBITS: A. Agreement B. Resolution STAFF RECOMMENDATION: Approve the resolution to enter into an Interagency Agreement with the Washington State Department of Commerce, Growth Management Services for the Housing Action Plan Implementation (HAPI) Grant to Implement an Existing Housing Action Plan and authorize the Mayor and City Clerk to execute the agreement in substantially the same form. AGENDA ITEM #6. g) Interagency Agreement with City of Renton through Growth Management Services For Housing Action Plan Implementation (HAPI) Grant to Implement an Existing Housing Action Plan Start date: Date of Execution AGENDA ITEM #6. g) ii TABLE OF CONTENTS Special Terms and Conditions 1. Authority…………………………………………………………………………………..1 2. Contract Management ...........................................................................................1 3. Compensation........................................................................................................1 4. Billing Procedures and Payment............................................................................1 5. Insurance…………………………………………………………………………………1 6. Subcontractor Data Collection ...............................................................................2 7. Order of Precedence..............................................................................................2 General Terms and Conditions 1. Definitions..............................................................................................................3 2. All Writings Contained Herein................................................................................3 3. Amendments..........................................................................................................3 4. Assignment............................................................................................................3 5. Confidentiality and Safeguarding of Information....................................................3 6. Copyright ...............................................................................................................4 7. Disputes.................................................................................................................4 8. Governing Law and Venue....................................................................................4 9. Indemnification.......................................................................................................5 10. Licensing, Accreditation and Registration..............................................................5 11. Recapture..............................................................................................................5 12. Records Maintenance............................................................................................5 13. Savings..................................................................................................................5 14. Severability............................................................................................................5 15. Subcontracting.......................................................................................................5 16. Survival..................................................................................................................6 17. Termination for Cause...........................................................................................6 18. Termination for Convenience.................................................................................6 19. Termination Procedures ........................................................................................6 20. Treatment of Assets...............................................................................................7 21. Waiver....................................................................................................................7 Attachment A, Scope of Work Attachment B, Budget AGENDA ITEM #6. g) FACE SHEET iii Contract Number: 22-63314-020 Washington State Department of Commerce Local Government Division Growth Management Services Housing Action Plan Implementation (HAPI) Grant 1. Contractor 2. Contractor Doing Business As (optional) City of Renton 1055 S Grady Way Renton, WA 98057 N/A 3. Contractor Representative 4. COMMERCE Representative Hannah Bahnmiller Housing Programs Manager 206.503.3426 hbahnmiller@rentonwa.gov Gary Idleburg Senior Planner 360.481.1398 gary.idleburg@commerce.wa.gov PO Box 42525 1011 Plum Street SE Olympia Washington 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $100,000 Federal: State: Other: N/A: Date of Execution June 30, 2023 9. Federal Funds (as applicable) NA Federal Agency: NA CFDA Number NA 10. Tax ID #11. SWV #12. UBI #13. DUNS # NA SWV0012200-11 177-000-094 NA 14. Contract Purpose Implementation of RCW 36.70A.600 grant funding to address housing affordability through implementation of selected strategies from the city’s adopted housing action plan. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment “A” – Scope of Work and Attachment “B” – Budget. FOR CONTRACTOR FOR COMMERCE Armondo Pavone, Mayor City of Renton Date Mark K. Barkley, Assistant Director Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 08/22/2019. APPROVAL ON FILE. AGENDA ITEM #6. g) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 1 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed one hundred thousand dollars ($100,000) for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the performance-based Scope of Work (Attachment A) and Budget (Attachment B). 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly. The parties agree this is a performance-based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE’S acceptance of Contractor’s performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 22-63314-020. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. The grantees must invoice for all expenses by June 17, 2023. COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs would have been allowable on or after July 1, 2021, the start date of the 2021-2023 biennium. To be allowable, such costs must be limited to the completion of tasks and deliverables outlined in the Scope of Work (Attachment A). Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 5. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. AGENDA ITEM #6. g) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 2 6. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority- owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: •Applicable federal and state of Washington statutes and regulations •Special Terms and Conditions •General Terms and Conditions •Attachment A – Scope of Work •Attachment B – Budget AGENDA ITEM #6. g) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 3 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A.“Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B.“COMMERCE” shall mean the Department of Commerce. C.“Contract” or “Agreement” means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D."Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E.“Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F.”State” shall mean the state of Washington. G."Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on AGENDA ITEM #6. g) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 4 confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. AGENDA ITEM #6. g) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 5 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term AGENDA ITEM #6. g) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 6 or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. AGENDA ITEM #6. g) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 7 The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 21. WAIVER AGENDA ITEM #6. g) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 8 Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. AGENDA ITEM #6. g) Attachment A Scope of Work Further work associated with an adopted housing action plan to encourage construction of additional affordable and market rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes (RCW 36.70A.600(2)). In doing this work, cities are encouraged to prioritize the creation of affordable, inclusive neighborhoods and to consider the risk of residential displacement, particularly in neighborhoods with communities at high risk of displacement (RCW 36.70A.600(9)). This work includes the following strategies from an adopted housing action plan. * * * Strategy 1.2: Continue efforts with neighboring communities to address housing needs in South King County. Recommendation 2: Promote diverse housing types and sizes in neighborhoods (which includes Strategies 2.1: Consider permitting additional housing types; 2.2: Evaluate minimum densities in R-10, R-14, and RMF zones; 2.3: Add a second higher-density RMF zone to allow for greater flexibility; and/or 2.4: targeted rezoning to R-10, R-14, and RMP zones) Strategy 4.4: Coordinate sources of funding to address unmet needs. * * * Commerce will be monitoring the contracts biannually to review progress in meeting milestones, deliverables and invoicing. Grant Objective 1: Develop a subregional tracking and monitoring program for unregulated and regulated affordable housing across five south King County cities (Auburn, Burien, Kent, Renton, and Tukwila). Steps/ Deliverables Description Start Date End Date Action 1 Retain consultant to collect information, develop a plan, and outline a database to track and monitor affordable housing Jan. 2022 July 2022 Step 1.1 Use RFP to retain consultant and refine scope to identify needed data collection, sources, and examples of successful affordable housing tracking programs May 2022 Step 1.2 Obtain approval from city officials for parameters of program and draft database example July 2022 Deliverable 1 Approved database parameters memo and draft database example July 29, 2022 Action 2 Develop database for tracking unregulated and regulated affordable housing July 2022 Sept. 2022 AGENDA ITEM #6. g) Attachment A Step 2.1 Refine database based on collective staff input to outline/draft, and compile completed database Sept. 2022 Step 2.2 Develop data sharing agreements with housing providers Sept. 2022 Deliverable 2 Completed affordable housing database, including metadata, plan for updates, and data sharing agreements Sept 30, 2022 Grant Objective 2: Promote Diverse Housing Types and Sizes in Neighborhoods Action 3 Conduct a residential land use study Jan. 2022 August 2022 Step 3.1 Review existing development regulations and current zoning capacity March 2022 Step 3.2 Conduct development feasibility analysis to determine potential areas where increased development densities and new housing types would result in housing production June 2022 Step 3.3 Recommend action, as applicable, to allow additional housing types, change minimum density requirements in R-10, R-14, and RMF zones, create a second higher density RMF-40 zone, and rezone areas to R-10, R-14, and RMF to implement HAP implementation steps 2.1, 2.2, 2.3, and/or 2.4 August 2022 Deliverable 3 Residential land use study report with recommended actions August 31, 2022 Action 4 Draft ordinance(s) and initial staff report Sept. 2022 Dec. 2022 Step 4.1 Brief Planning Commission and City Council on recommendations of the residential land use study Sept. 2022 Step 4.2 Prepare SEPA checklists and notices Oct. 2022 Step 4.3 Develop staff recommendations and present to the Planning Commission Nov. 2022 Step 4.4 Make modifications to legislative proposal per Planning Commission feedback Dec. 2022 Deliverable 4 Draft ordinance(s) for legislative action on one or more of the following HAP implementation steps: 2.1 to allow additional housing types; 2.2 to change minimum densities in R-10, R-14, or RMF zones; 2.3 to add a second higher-density RMF-40 zone; or 2.4 for targeted rezoning to R-10, R-14, or RMF. Dec. 30, 2022 Action 5 Finalize legislative action(s) for adoption Jan. 2022 March 2023 Step 5.1 Hold public hearing at Planning Commission Jan. 2023 AGENDA ITEM #6. g) Attachment A Step 5.2 Make modifications to legislative proposal per Planning Commission feedback; present revised proposal for Planning Commission deliberations and recommendation Feb. 2023 5.3 Present to Council committee for recommendation to full Council March 2023 5.4 Present to Council for adoption March 2023 Deliverable 5 Adopted ordinance(s) to authorize legislative action on one or more of the following HAP implementation steps: 2.1 to allow additional housing types; 2.2 to change minimum densities in R-10, R-14, or RMF zones; 2.3 to add a second higher-density RMF-40 zone; or 2.4 for targeted rezoning to R-10, R-14, or RMF. March 31, 2023 Grant Objective 3: Evaluate use of linkage fees to generate revenue for affordable housing. Action 6 Scope the nexus study Jan. 2022 May 2022 Step 6.1 Retain consultant to develop nexus study methodology and assumptions May 2022 Deliverable 6 Nexus study methodology to assess justification, feasibility, and potential revenue generation from a linkage fee for affordable housing May 30, 2022 Action 7 Conduct a nexus study June 2022 Jan. 2023 Step 7.1 Quantify the impact of residential development on the need for affordable housing in the City and determine the maximum linkage fees to mitigate those impacts Oct. 2022 Step 7.2 Brief Planning Commission and City Council on findings of the nexus study report Jan. 2023 Deliverable 7 Nexus study report to inform use of linkage fees to generate revenue for affordable housing Jan. 30, 2022 AGENDA ITEM #6. g) Attachment B Budget Grant Objective 1:Commerce Funds Deliverable 1. Approved database parameters memo and draft database example $6,000 Deliverable 2. Completed affordable housing database, including metadata, plan for updates, and data sharing agreements $14,000 Grant Objective 2: Deliverable 3. Residential land use study report $36,000 Deliverable 4. Draft ordinance(s) for legislative action on one or more of the following HAP implementation steps: 2.1 to allow additional housing types; 2.2 to change minimum densities in R-10, R-14, or RMF zones; 2.3 to add a second higher-density RMF-40 zone; or 2.4 for targeted rezoning to R-10, R-14, or RMF. $12,000 Deliverable 5. Adopted ordinance(s) to authorize legislative action on one or more of the following HAP implementation steps: 2.1 to allow additional housing types; 2.2 to change minimum densities in R-10, R-14, or RMF zones; 2.3 to add a second higher-density RMF-40 zone; or 2.4 for targeted rezoning to R-10, R-14, or RMF. $12,000 Grant Objective 3: Deliverable 6. Nexus study methodology to assess justification, feasibility, and potential revenue generation from a linkage fee for affordable housing $6,000 Deliverable 7. Nexus study report to inform use of linkage fees for affordable housing $14,000 Total Grant Amount:$100,000 NOTE: The final Deliverable(s) for this grant represents a minimum of twenty percent (20%) of the total grant award and payment is contingent upon submittal of a copy of the final deliverable(s). AGENDA ITEM #6. g) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR A HOUSING ACTION PLAN IMPLEMENTATION (HAPI) GRANT TO IMPLEMENT AN EXISTING HOUSING ACTION PLAN. WHEREAS, the City and Washington State Department of Commerce (“Commerce”) are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative agreement; and WHEREAS, the Washington State Legislature created the Housing Action Plan and Implementation (HAPI) grant program to provide funding for cities to adopt new housing action plans (HAPs) under RCW 36.70A.600 or to implement strategies from adopted HAPs; and WHEREAS, on October 11, 2021 the Council passed Resolution No. 4449 adopting the City of Renton Housing Action Plan, which recommended strategies for the City to consider implementing to encourage the construction of additional affordable and market rate housing options; and WHEREAS, the City was awarded $100,000.00 in HAPI grant funds to assist with the implementation of the City of Renton Housing Action Plan to be administered by Commerce; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I.The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Commerce for a HAPI Grant to Implement the City of Renton Housing Action Plan, attached hereto as Exhibit “A” and incorporated by this reference. AGENDA ITEM #6. g) RESOLUTION NO. _______ 2 PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2022. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2022. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES-EHHS:1899:12/21/21 AGENDA ITEM #6. g) RESOLUTION NO. _______ 3 EXHIBIT “A” Interlocal Agreement with the Washington State Department of Commerce For Housing Action Plan Implementation (HAPI) Grant to Implement an Existing Housing Action Plan AGENDA ITEM #6. g) AB - 3045 City Council Regular Meeting - 10 Jan 2022 SUBJECT/TITLE: Therapeutic Court Grant Acceptance and Approval RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Municipal Court STAFF CONTACT: Bonnie Woodrow, Judicial Administrative Officer EXT.: 6531 FISCAL IMPACT SUMMARY: 2 year grant agreement between Administrative Office of the Courts and the Renton Municipal Court to support Renton Municipal Community Court. Total grant compensation of $202,633 to be used for : 1. Personnel Salaries for Case Manager/Community Court Coordinator in the amount of $195,385 and 2. Other Participant Services in the amount of $7,248. This grant revenue will partially offset the new Case Manager FTE position that wa s approved by the Council on November 29, 2021, effective January 1, 2022 and offset miscellaneous costs associated with the Community Court. SUMMARY OF ACTION: Renton Municipal Court is requesting acceptance and approval of the Therapeutic Courts Grant issued by the Administrative Office of the Courts. This grant will partially offset the costs associated with the Renton Municipal Community Court Coordinator/Case Manager position that was created to oversee the program. The Renton City Council approved the creation of the position on November 29, 2021. EXHIBITS: A. Issue paper B. Therapeutic Courts Grant Agreement STAFF RECOMMENDATION: Accept and approve the 2-year Therapeutic Courts Grant issued by the Administrative Office of the Courts, in the amount of $202,633 to assist with expenses associated with the creation and operation of the Renton Municipal Community Court. AGENDA ITEM #6. h) Renton Municipal Court Memorandum DATE:January 10, 2022 TO:Ryan McIrvin, Council President Members of Renton City Council CC:Armondo Pavone, Mayor FROM:Bonnie Woodrow, Judicial Administrative Officer SUBJECT:Therapeutic Court Grant Acceptance and Approval ISSUE Should the City accept and approve a $202,633 Therapeutic Court grant funding offer from the Administrative Office of the Courts? BACKGROUND In recognition of an immediate need to bring the Courts most at-risk clients - primarily those suffering from addiction and mental health issues - together with resources already available in the community, the Municipal Court launched a community court model in July 2021. Community Court is a weekly calendar session that provides qualified non-violent offenders, on-site access to services specializing in housing, healthcare, chemical dependency, mental health, education, employment, licensing, veteran services, etc., while holding them accountable and adjudicating their case. This program was implemented virtually, without a budget and without a community court coordinator, recognizing that this would potentially impact the ability of the calendar to achieve its full potential. However, during the pandemic, the needs of our at-risk community have become more critical. While proceeding without a community court coordinator was not ideal, it was apparent that doing so was better than waiting, or not proceeding at all. Recognizing that the community court would greatly benefit from a coordinator, the court began searching for funding support through grants. A grant proposal was submitted in September of 2021 to the Washington State Administrative Office of the Courts for a Therapeutic Court Grant. Funds were requested to support a full-time case manager/community court coordinator, who will be able to assist participants in navigating social service's needs, while also working with community service providers to ensure that appropriate resources are available, and connections are made for our participants. In addition to funding a case manager, grant funds were requested for AGENDA ITEM #6. h) Page 2 of 2 January 5, 2022 uncompensated services to include, but not limited to, treatment services, prepaid cell service, hotels vouchers, job training, staff training, and equipment needs. The Court will be required to report quarterly to AOC on the effectiveness of the therapeutic court program. Performance tracking measures have already been implemented and program results are being monitored. PROPOSAL The Court recommends that the City Council authorize entry of the agreement with AOC for SB 5476 Therapeutic Court Grant funding in the amount of $202,633.00. AOC funding begins in December 2021 and ends at the conclusion of FY23 (July 2023). The awarded funds will be disbursed under these categories: Personnel Salaries and Benefit $195,385 Staff Equipment & Training Treatment Services Other Participant Services $ 7,248 Total $202,633 If the grant is accepted, the Court will proceed to enter into the grant agreement with AOC, submit reimbursement requests and comply with quarterly reporting requirements. RECOMMENDED ACTION Authorize and enter into an agreement with the Administrative Office of the Courts (AOC) to receive 2-year Therapeutic Courts grant award in the amount of $202,633. AGENDA ITEM #6. h) GRT22443 Page 1 of 6 GRANT AGREEMENT - GRT22443 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND RENTON MUNICIPAL COURT THIS AGREEMENT (Agreement) is made by and between, Washington State Administrative Office of the Courts (AOC) and Renton Municipal Court, (Grantee), (collectively as the Parties and individually each as a Party). The Parties hereby enter into this Agreement whereby Grantee will perform certain services for, and provide product deliveries to AOC. Grantee is subject to the terms and conditions specified in Attachment A and agrees to the following terms and conditions. 1. SCOPE OF WORK Grantee must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community- based therapeutic interventions within the Contractor’s jurisdiction in accordance with the Contractor’s grant application, Award Letter (Attachment B), and Statement of Work (Attachment A). 2. TERM AND PERIOD OF PERFORMANCE This Agreement’s period of performance runs from December 1, 2021 through June 30, 2023, unless otherwise terminated (Term). Notwithstanding the foregoing, this Agreement and all its terms and conditions shall remain in full force and effect until all deliverables are completed or otherwise terminated, and this Agreement is terminated and/or completed. 3. COMPENSATION AND PAYMENT The awarded amount is $202,633. Grantee will use the funds for the following cost categories: Cost Category Amount Personnel salaries & benefits $195,385 Staff equipment & training $0,000 Treatment services $0,000 Other participant services $7,248 Total $202,633 Grantee may vary the amount in any particular category by up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC’s Project Manager, and in no case may the total amount exceed the amount above. AGENDA ITEM #6. h) GRT22443 Page 2 of 6 This amount includes expenses necessary or incidental to performing the items under the Statement of Work, including, but not limited to, travel, lodging and per diem related expenses. Contractor will submit an invoice after the completion and acceptance of each deliverable noted above. This amount will be disbursed in two allotments, one in December 2021 and the second in July 2022 upon receipt of a properly filled out Form A-19. 4. REPORTING The Contractor must submit quarterly reports to AOC documenting the progress their therapeutic court program. These reports will provide: • The number of program participants for the corresponding quarter, • The services provided to program participants for the corresponding quarter, • The cost of services provided to program participants for the corresponding quarter, • Other costs accrued by the Contractor to support the therapeutic court program during the corresponding quarter, and • Any challenges faced by the Contractor in operating their therapeutic court program during the corresponding quarter. Reports shall be emailed to Stephanie Oyler at Stephanie.Oyler@courts.wa.gov on the following schedule: Period Report Due 12/01/21 - 04/16/22 04/31/22 04/17/22 - 09/16/22 09/30/22 09/17/22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Contractor’s eligibility for future funding. 5. BILLING PROCEDURES Contractor will submit properly prepared Form A-19s via email to AOC Financial Services at MSDFinancialServices@courts.wa.gov. Invoices shall be submitted no more than twice during the pendency of the contract. Incorrect or incomplete invoices shall be returned by AOC to Contractor for correction and reissuance, and may result in delays in funding. All Invoices shall provide and itemize, at a minimum, the following: A. Contract Number GRT22443; B. Contractor name, address, phone number; C. Contractor Federal tax Identification Number; AGENDA ITEM #6. h) GRT22443 Page 3 of 6 D. Description of Services to be provided; E. Date(s) Services will be provided; F. Total Invoice Price. Payment will be considered timely if made by the AOC within thirty (30) calendar days of receipt of a properly prepared invoice. Payment shall be sent to the address designated by the Contractor. The AOC may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AOC. 6. SAFEGUARDING OF INFORMATION The use or disclosure by the Contractor of any information obtained as a result of performance under this contract concerning the AOC or the Court for any purpose not directly connected with the administration of the AOC's, the Court's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by written consent of the AOC or the Court. 7. CONFLICT OF INTEREST Grantee warrants that at the date of execution of this Agreement, no organizational conflict of interest exists or is likely to arise in the performance of its obligations under the Subcontract. Grantee warrants that it shall advise AOC immediately if a conflict of interest arises in the future. 8. PROJECT MANAGEMENT The Project Manager for each of the parties shall be the contact person for all communications regarding the performance of this Contract. AOC Project Manager Contractor Project Manager Stephanie Oyler PO Box 41170 Olympia, WA 98504-1170 stephanie.oyler@courts.wa.gov 360-890-0901 Bonnie Woodrow Court Services Director 1055 South Grady Way Renton, WA 98057-3232 bwoodrow@rentonwa.gov 425-430-6531 9. ASSIGNMENT Grantee agrees that none of the deliverables to be furnished under this Agreement shall be assigned or subcontracted (including to independent consultants) without the prior written permission of AOC. AGENDA ITEM #6. h) GRT22443 Page 4 of 6 10. TERMINATION A. Termination for Default The AOC may, by written notice, terminate this contract, in whole or in part, for failure of the Contractor to perform any of the obligations or provisions required by the contract. In the event of default, the Contractor shall be liable for damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time; Provided, that if (i) it is determined for any reason the Contractor was not in default, or (ii) the Contractor’s failure to perform is without Contractor’s and/or Subcontractor’s control, fault, or negligence, the termination shall be deemed to be a Termination for Convenience. B. Termination for Convenience Except as otherwise provided in this contract, the AOC may terminate this contract by providing written notice of such termination to the Contractor, specifying the effective date thereof, at least five (5) calendar days prior to such date. If this contract is so terminated, the AOC shall be liable only for payment for services rendered prior to the effective date of termination. 11. DISPUTES The Parties agree to attempt to resolve any dispute arising under this Agreement first by elevating the matter to appropriate levels of management within each organization. Grantee agrees that pending any decision, appeal or judgment on the settlement of any dispute arising under this Agreement, Grantee shall proceed diligently with the performance of this Agreement. 12. INDEMNIFICATION The Contractor shall defend, protect, and hold harmless the state of Washington, the AOC, or any employees thereof, from and against all claims, suits or actions arising from the Contractor's acts which are libelous or slanderous, which result in injury to persons or property, which violate a right of confidentiality, or which constitute an infringement of any copyright, patent, trademark or trade name through use or reproduction of material of any kind. 13. FORCE MAJEURE Neither Contractor nor AOC shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except Subcontractors). AGENDA ITEM #6. h) GRT22443 Page 5 of 6 14. REPRESENTATION AND CERTIFICATIONS Grantee shall complete all required Representations and Certifications as they apply to this Agreement, if any. Grantee further agrees that it will provide additional or annual Representations and Certifications as may be requested by AOC in connection with this Agreement, and also agrees to promptly notify AOC of any changes which modify the information contained in any such Representations and Certifications. 15. COMPLIANCE WITH LAWS Grantee shall comply with all applicable Federal, State, and local laws, executive orders, rules and regulations applicable to its performance under this Agreement. 16. INDEPENDENT CONTRACTORS Grantee is an independent contractor in relation to AOC with respect to all matters arising under this Agreement. Nothing herein shall be construed to establish a partnership, joint venture, association or employment relationship between the parties. Neither Party shall be deemed to be an agent of the other or to have any authority to bind or create any obligation, express or implied, on behalf of the other. 17. WHOLE AGREEMENT This Agreement and the SOW attached hereto contain and embody the entire agreement of the Parties hereto and supersede all prior agreements, negotiations and discussions between the Parties hereto. Any representation, inducement or agreement that is not contained in this Agreement shall not be of any force or effect. Except as otherwise expressly provided in this Agreement, this Agreement may not be modified or changed in whole or in part in any manner other than by an instrument in writing duly signed by both Parties hereto. 18. NO PUBLICITY No news releases, public announcement, Customer(s) names, denial or confirmation of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without the prior written consent of AOC. The restrictions of this section shall continue in effect upon completion or termination of this Agreement for such period of time as may be mutually agreed upon in writing by the Parties. In the absence of a written established period, no disclosure is authorized. 19. GOVERNING LAW/VENUE This Agreement will be governed by and construed and enforced in accordance with the laws of Washington without giving effect to the principles of conflict of laws thereunder. 20. EXECUTION IN COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall constitute one and the same Agreement. AGENDA ITEM #6. h) GRT22443 Page 6 of 6 21. WAIVER No Party shall be deemed to have waived any right hereunder unless such waiver is in writing, and the waiver or failure of either Party to exercise in any respect any right provided for herein shall not be a waiver of any further right hereunder. 22. SEVERABILITY If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect as if this Agreement had been executed within the invalid portion eliminated. 23. HEADINGS Any headings used in this Agreement are for purposes of organization only and have no independent legal significance. In WITNESS WHEREOF, the parties hereto have caused this instrument to be signed as of the day and year below written. Administrative Office of the Courts Grantee Signature Date Signature Date Dawn Marie Rubio Name Name State Court Administrator Title Title AGENDA ITEM #6. h) GR22443 - Attachment A Statement of Work The Contractor must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community-based therapeutic interventions within the Contractor's jurisdiction in accordance with the Contractor's grant application. Funds can be used for the following costs categories: •personnel salaries & benefits, •staff equipment & training, •treatment services (therapeutic services specifically designed to address SUD and MH) & compliance monitoring, and •other participant services (other supportive services meant to ensure participant success-i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks). Funds cannot be used for: •replacing or supplementing the salary of current employees of the Contractor (employees must be taki ng on additional work or be a new employee to be eligible for funding), •program incentives that constitute a gift or reward •items and activities outside of the cost categories listed in the Contractor's award letter. The Contractor shall submit quarterly reports to AOC documenting the progress their therapeutic court program. These reports shall provide: •the number of program participants for the corresponding quarter, •the services provided to program participants for the corresponding quarter, •the cost of services provided to program participants for the corresponding quarter •other cost accrued by the Contractor to support the therapeutic court program during the corresponding quarter, and •challenges faced by the Contractor in operating their therapeutic court program during the corresponding quarter. Reports shall be emailed to Stephanie Oyler at Stephanie.Oyler@courts.wa.gov. Reporting schedule: Period Report Due 12/01/21 -04/16/22 04/31/22 04/17/22 -09/16/22 09/30/22 09/17 /22-02/14/23 02/28/23 02/15/23-06/30/23 07/15/23 (final report) Failure to submit a report by the due date may adversely affect the Contractor's eligibility for future funding. GRT22443 - Attachment A AGENDA ITEM #6. h) STATE OF WASHINGTON 1206 QUINCE ST SE ● P.O. Box 41170 ● Olympia, WA 98504-1170 360-753-3365 ● 360-586-8869 Fax ● www.courts.wa.gov SENT VIA EMAIL October 29, 2021 ATTN: Kara Murphy Richards, Presiding Judge Bonnie Woodrow, Administrator Renton Municipal Court 1055 S Grady Way Renton, WA 98057-3232 Subject: Award Letter for SB 5476 Therapeutic Court Grant Program We are pleased to inform you that the Administrative Office of the Courts (AOC) has reviewed your recent grant application, and has chosen to award you a grant in the amount of $202,633.00. The amount awarded may differ from the amount you requested. AOC adjusted all funding requests to start in December 2021 and end at the conclusion of FY23 (July 2023). If you have any questions about how your award was recalculated, please reach out to Stephanie Oyler at Stephanie.Oyler@courts.wa.gov. It is the intention of AOC that the grant be used to identify individuals before Renton Municipal Court with substance use disorders or other behavioral health needs and engage those individuals with community-based therapeutic interventions as described in your grant application. This award letter explains the responsibilities and expectations of grant recipients. You will receive a Grant Agreement formalizing the terms of your award and a blank A-19 form in November. Grant recipients must sign the Grant Agreement and complete an A-19 form within ten days of receipt, and specify the contract manger, including their contact information. Once the Grant Agreement and accompanying A-19 form are signed and returned to AOC, the award monies will be dispersed. Award Disbursement Your award will be split into two disbursements. Recipients will receive the first half of their award ($101,316.50) in December 2021, and the second half of their award ($101,316.50) in July 2022. Award monies will be divided into one of four cost categories. Cost categories will dictate how an award can be spent. The cost categories are as follows: Personnel Salaries & Benefits Staff Equipment & Training Dawn Marie Rubio, J.D. State Court Administrator ADMINISTRATIVE OFFICE OF THE COURTS AGENDA ITEM #6. h) STATE OF WASHINGTON 1206 QUINCE ST SE ● P.O. Box 41170 ● Olympia, WA 98504-1170 360-753-3365 ● 360-586-8869 Fax ● www.courts.wa.gov Treatment Services (therapeutic services specifically designed to address SUD and MH) & Compliance Monitoring Other Participant Services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks, but excluding program incentives that would constitute a “gift.” The table below will show how your award must be distributed amongst the cost categories. A recipient is allowed to move award monies between categories if it less than 10% of the total award amount. If a recipient wishes to move more than 10% of the total award between cost categories, the recipient must have permission from AOC. Personnel Staff Equipment & Training Treatment Services Other Participant Services Total Award $195,385.00 $0.00 $0.00 $7,248.00 $202,633.00 Reporting Requirements Award recipients will be required to report quarterly to AOC on the impact of the award on their court and the effectiveness of their therapeutic court program at the dates listed below: First Report due April 30, 2022 Second Report due September 31, 2022 Third Report due February 28, 2023 Fourth Report due June 30, 2023 Reports should include the number of individuals engaged in your therapeutic court program for that quarter, a detailed list of the services provided to individuals involved in the program for that quarter, the cost of those services and a description of the challenges faced by your therapeutic court program. Reports should be submitted to Stephanie.Oyler@courts.wa.gov. If you have any questions regarding the terms expressed in this letter, please contact Brittany Gregory at Brittany.Gregory@courts.wa.gov. Respectfully, Christopher Stanley Chief Financial and Management Officer cc: Dawn Marie Rubio, State Court Administrator Brittany Gregory, Associate Director of Judicial and Legislative Relations Stephanie Oyler, Court Association Coordinator AGENDA ITEM #6. h) 1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION  8‐1‐10 OF THE RENTON MUNICIPAL CODE, ESTABLISHING THE SOLID WASTE  COLLECTION SERVICES RATES STARTING APRIL 1, 2022 FOR ALL CUSTOMER  CLASSES, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE  DATE.      THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:   SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in  strikethrough and underline edits remain in effect and unchanged.  SECTION II.  Section 8‐1‐10 of the Renton Municipal Code is amended as follows:   8‐1‐10:  RATES FOR SERVICES:    The following schedule is hereby adopted as the monthly charges to be paid to the  City for services rendered in each category:  A.  Residential Customers:  1.  For garbage cans, carts, and/or garbage units:  Single‐family Every Other Week Garbage  & Recycling,  Weekly Yard Waste & Food Scraps Cart  Service Level   2021 Renton  SWU Monthly  Rates  January 1 –  March 31,  2022 Renton  SWU Monthly  Rates  Starting  April 1, 2022  Renton SWU  Monthly  Rates  20 Gallon Contractor Cart  $14.31 $14.60 $15.03  35 Gallon Contractor Cart  $23.53 $24.00 $24.71  45 Gallon Contractor Cart  $29.66 $30.26 $31.14  64 Gallon Contractor Cart  $41.28 $42.11 $43.34  96 Gallon Contractor Cart  $60.95 $62.17 $64.00  Each Additional 35 Gallon Cart  $23.53 $24.00 $24.71  Senior 20 Gallon Cart Rate  $3.58 $3.65 $3.76  AGENDA ITEM # 8. a) ORDINANCE NO. ________  2  (75% subsidy)/for Existing customers  prior to May 31, 2008  Senior 20 Gallon Cart Rate (50% subsidy)  $7.15 $7.29 $7.51  Senior 35 Gallon Cart Rate (50% subsidy)  $11.77 $12.01 $12.36  Senior 45 Gallon Cart Rate (50% subsidy)  $14.82 $15.12 $15.56  Senior 64 Gallon Cart Rate (50% subsidy)  $20.66 $21.07 $21.69  Senior 96 Gallon Cart Rate (50% subsidy)  $30.68 $31.30 $32.21  Extra Garbage, up to 15 gallons per  unit/per pickup   $4.38 $4.46 $4.60  Extra 96 Gallon Yard Waste Cart Rental  $2.43 $2.48 $2.55  Residential Return Trip Charge per pickup    $6.30 $6.43 $6.62  Cart Cleaning (per cart, per cleaning)  $12.14 $12.38 $12.75  Drive‐in Charge (per month)  $6.64 $6.78 $6.97  Overweight/Oversize Container (per  pickup)   $3.51 $3.58 $3.69  Re‐delivery (one or more containers)  $12.14 $12.38 $12.75  Sunken Can Surcharge  $8.34 $8.50 $8.76    2. Residential customers are allowed to change their garbage service  level once per year without incurring an administrative fee.  Each garbage service  level change per year above the once per year allowance will result in an  administrative fee of thirty‐five dollars ($35.00).  The one (1) year period shall  begin January 1 and shall end December 31 each year.  3.  Senior and/or disabled customers who qualified under Subsection 8‐4‐ 31.C of this Title for low‐income rates for seventy‐five percent (75%) subsidy prior  to May 31, 2008, are eligible for a three dollars and fifty‐eight cents ($3.58) fee for  2021 and three dollars and sixty‐five cents ($3.65) fee for January 1 – March 31,  2022, and three dollars and seventy‐six cents ($3.76) starting April 1, 2022, for 20  AGENDA ITEM # 8. a) ORDINANCE NO. ________  3  Gallon Cart service. For services other than 20 Gallon Cart service, the rate  schedule at the fifty percent (50%) subsidy as provided in Subsection 8‐1‐10.A.1  will apply. All senior and/or disabled customers qualifying under Subsection 8‐4‐ 31.C for low‐income rates after May 31, 2008, are eligible for a fifty percent (50%)  subsidy of the charges for the service level selected.  4.  Premium Weekly Collection: Single‐family residential customers may  elect to have their garbage collected weekly for an additional fee of twenty‐four  dollars and two cents ($24.02) per month for 2021 and twenty‐four dollars and  fifty cents ($24.50) per month for January 1 – March 31, 2022, and twenty‐five  dollars and twenty‐two cents ($25.22) starting April 1, 2022. This fee will be added  to the monthly garbage billing as an extra Premium Service Fee.  5.   Miscellaneous Services: The City of Renton offers miscellaneous  services at the following rates:  Services Cost per Pick Up  On‐Call Bulky Waste Collection  2021 Rates January 1 –  March 31,  2022 Rates  Starting April  1, 2022 Rates  White Goods, except Refrigerators/Freezers per  unit  $76.91 $78.45 $80.76 Refrigerators/Freezers per unit $82.30 $83.94 $86.42 Sofas/Chairs per unit $71.52 $72.95 $75.10 Mattresses per unit $68.82 $70.20 $72.26   B.  Commercial Customers:  1.  Multi‐family Carts:  Customers have the following cart‐based services  available:  AGENDA ITEM # 8. a) ORDINANCE NO. ________  4     Multi‐family (“MF”) Cart Service  Level    2021 SWU  Monthly  Rates  January 1 –  March 31,  2022 SWU  Monthly  Rates  Starting  April 1, 2022  Renton SWU  Monthly  Rates   MF One 20 Gallon Cart $24.05 $24.05 $25.01   MF One 35 Gallon Garbage Cart $31.27 $31.27 $32.52  Weekly MF One 45 Gallon Garbage Cart $38.80 $38.80 $40.35  Can and MF One 64 Gallon Contractor Cart $46.29 $46.29 $48.14  Cart MF One 96 Gallon Contractor Cart $61.32 $61.32 $63.77    Extra MF Can or Units ‐32 Gallon  Equivalent  $6.52 $6.52 $6.78     MF Weekly 64 Gallon Yard Waste  (incl. Cart)  $45.22 $45.22 $47.03    2.  Commercial Carts: Customers have the following contractor cart‐based  services available:    Commercial Cart Service Level  2021 SWU  Monthly  Rates  January 1 –  March 31,  2022 SWU  Monthly  Rates  Starting  April 1, 2022  Renton SWU  Monthly  Rates   One 20 Gallon Cart $37.97 $37.97 $39.49   One 35 Gallon Garbage Cart $42.23 $42.23 $43.92  Weekly One 45 Gallon Garbage Cart $48.14 $48.14 $50.07  Commercial One 64 Gallon Garbage Cart $54.26 $54.26 $56.43  Can and One 96 Gallon Garbage Cart $66.66 $66.66 $69.33  Cart Extra Units – 32 Gallon Equivalent $6.78 $6.78 $7.05    Weekly 64 Gallon Yard Waste Cart $45.22 $45.22 $47.03    Customer Event Service   (3 Carts: Garbage, Recycle, Yard  Waste/Day)  $37.67 $37.67 $39.18    AGENDA ITEM # 8. a) ORDINANCE NO. ________  5  3.  Commercial Detachable Containers One (1) to Eight (8) Yards: The rate  for the handling of detachable containers approved by the City’s contractor and  the City for use by commercial, industrial and multi‐family residence  establishments shall be as follows:  a.  Monthly Rates:    Commercial Service Level  2021 SWU  Monthly  Rates  January 1 –  March 31,  2022 SWU  Monthly  Rates  Starting April  1, 2022  Renton SWU  Monthly  Rates   1 Cubic Yard, 1 pickup/week $113.98 $113.98 $118.54  1 Cubic Yard, 2 pickups/week $214.04 $214.04 $222.60  1 Cubic Yard, 3 pickups/week $314.15 $314.15 $326.72  1 Cubic Yard, 4 pickups/week $414.21 $414.21 $430.78   1 Cubic Yard, 5 pickups/week $514.29 $514.29 $534.86   1.5 Cubic Yards, 1 pickup/week $156.24 $156.24 $162.49   1.5 Cubic Yards, 2 pickups/week $298.59 $298.59 $310.53   1.5 Cubic Yards, 3 pickups/week $440.93 $440.93 $458.57 Commercial  1.5 Cubic Yards, 4 pickups/week $583.28 $583.28 $606.61  Detachable 1.5 Cubic Yards, 5 pickups/week $725.61 $725.61 $754.63 Container  2 Cubic Yards, 1 pickup/week $196.97 $196.97 $204.85 (Loose)  2 Cubic Yards, 2 pickups/week $380.04 $380.04 $395.24   2 Cubic Yards, 3 pickups/week $563.11 $563.11 $585.63   2 Cubic Yards, 4 pickups/week $746.18 $746.18 $776.03   2 Cubic Yards, 5 pickups/week $929.26 $929.26 $966.43   3 Cubic Yards, 1 pickup/week $280.25 $280.25 $291.46   3 Cubic Yards, 2 pickups/week $546.63 $546.63 $568.50   3 Cubic Yards, 3 pickups/week $812.99 $812.99 $845.51   3 Cubic Yards, 4 pickups/week $1,079.36 $1,079.36 $1,122.53 AGENDA ITEM # 8. a) ORDINANCE NO. ________  6    3 Cubic Yards, 5 pickups/week $1,345.74 $1,345.74 $1,399.57   4 Cubic Yards, 1 pickup/week $363.40 $363.40 $377.94   4 Cubic Yards, 2 pickups/week $712.93 $712.93 $741.45   4 Cubic Yards, 3 pickups/week $1,062.44 $1,062.44 $1,104.94   4 Cubic Yards, 4 pickups/week $1,411.84 $1,411.84 $1,468.31   4 Cubic Yards, 5 pickups/week $1,761.48 $1,761.48 $1,831.94   6 Cubic Yards, 1 pickup/week $527.26 $527.26 $548.35   6 Cubic Yards, 2 pickups/week $1,040.63 $1,040.63 $1,082.26   6 Cubic Yards, 3 pickups/week $1,554.00 $1,554.00 $1,616.16   6 Cubic Yards, 4 pickups/week $2,067.37 $2,067.37 $2,150.06   6 Cubic Yards, 5 pickups/week $2,580.75 $2,580.75 $2,683.98   8 Cubic Yards, 1 pickup/week $690.15 $690.15 $717.76   8 Cubic Yards, 2 pickups/week $1,366.40 $1,366.40 $1,421.06   8 Cubic Yards, 3 pickups/week $2,042.63 $2,042.63 $2,124.34   8 Cubic Yards, 4 pickups/week $2,718.89 $2,718.89 $2,827.65   8 Cubic Yards, 5 pickups/week $3,395.14 $3,395.14 $3,530.95   Extra Cubic Yard Lloose cubic yard  in container, per cubic yard/per  pickup  $23.09 $23.09 $24.01   Extra Cubic Yard Loose on ground,  per cubic yard/per pickup  $35.53 $36.95       Commercial Service Level  2021 SWU  Monthly Rates January 1 –  March 31, 2022  SWU Monthly  Rates  Starting April 1,  2022 Renton  SWU Monthly  Rates  Commercial 1 Cubic Yard Compactor $271.83 $271.83 $282.70 Detachable 1.5 Cubic Yards Compactor $392.82 $392.82 $408.53 Container 2 Cubic Yards Compactor $504.84 $504.84 $525.03 (Compacted) 3 Cubic Yards Compactor $743.51 $743.51 $773.25   4 Cubic Yards Compactor $982.50 $982.50 $1,021.80 AGENDA ITEM # 8. a) ORDINANCE NO. ________  7    6 Cubic Yards Compactor $1,459.75 $1,459.75 $1,518.14   b. Rental Rates:  Rental rates for one (1) to eight (8) yard containers  will be paid in the monthly rates.  c. Minimum Pickups:  Minimum pickups for containers and  compactors between one (1) and eight (8) yards will be once per week.  4. Extra Charges:  a.  The following extra charges will apply for commercial services,  including Multi‐family and Commercial Cart, Detachable and Roll Off Container  services:  Commercial Cart & Detachable Extra  Service Fees  2021  January 1 –  March 31,  2022  Starting April  1, 2022  Renton SWU  Monthly  Rates  1 Yard Extra Pickup $29.13 $29.13 $30.30  1.5 Yard Extra Pickup $39.93 $39.93 $41.53  2 Yard Extra Pickup $50.35 $50.35 $52.36  3 Yard Extra Pickup $71.63 $71.63 $74.50  4 Yard Extra Pickup $92.87 $92.87 $96.58  6 Yard Extra Pickup $134.76 $134.76 $140.15  8 Yard Extra Pickup $176.39 $176.39 $183.45  1 Yard Compactor Extra Pickup $69.48 $69.48 $72.26  1.5 Yard Compactor Extra Pickup $100.40 $100.40 $104.42  2 Yard Compactor Extra Pickup $129.03 $129.03 $134.19  3 Yard Compactor Extra Pickup $190.02 $190.02 $197.62  4 Yyard Compactor Extra Pickup $251.10 $251.10 $261.14  6 Yard Compactor Extra Pickup $373.08 $373.08 $388.00  AGENDA ITEM # 8. a) ORDINANCE NO. ________  8  Commercial cart carry out charge if over  50 feet, per 25 ft/cart, container/pickup  $7.01 $7.01 $7.29  Return trip for carts/containers not  available for collection at regularly  scheduled pickup time  $31.17 $31.17 $32.42  Redelivery of Cart $10.44 10.44 $10.86  Redelivery of Container $20.87 $20.87 $21.70  Cleaning (per cart, per yard container  capacity)  $10.44 $10.44 $10.86  Stand‐by Time for containers (per  minute)  $6.20 $6.20 $6.45        Roll Off Extra Service Fees 2021  January 1 –  March 31,  2022  Starting April  1, 2022  Renton SWU  Monthly  Rates  Return Trip for Drop Box $33.33 $34.00 $35.00  Container Cleaning Drop Box (per yard  capacity)  $12.03 $12.27 $12.63  Drop Box to Other Facility (per one‐way  mile)  $3.39 $3.46 $3.56  Solid Lid on Drop Box (monthly rental) $84.83 $86.53 $89.07  Drop Box Turn Around Charge $24.25 $32.74 $25.46  Stand‐by Time for Drop Box (per minute) $1.71 $1.74 $1.80    Hourly Rates     Rear/Side‐Load Packer + Driver  $117.21 $119.55 $123.07  Front Load Packer + Driver $117.21 $119.55 $123.07  Drop Box Truck + Driver $101.90 $103.94 $107.00  Additional Labor (per person) $44.56 $45.46 $46.79    AGENDA ITEM # 8. a) ORDINANCE NO. ________  9  b.  Any extra yardage charges determined by the collection contractor  due to overflowing containers will be charged per yard at the one (1) yard rate  listed under subsection 8‐1‐10.B.3.a.  5.  Special Services:   a. Special Event Services: Bundled Garbage, Recycling, and Yard  Waste Cart‐based service is available upon request to customers sponsoring  Special Events within the City. The daily fee for Special Event Services is thirty‐ seven dollars and sixty‐seven cents ($37.67) in 2021 and thirty‐seven dollars and  sixty‐seven cents ($37.67) in for January 1 – March 31, 2022, and thirty‐nine  dollars and eighteen cents ($39.18) starting  April 1, 2022, per one (1) set of  bundled carts.   b. Special Services Unspecified: Whenever special services not  contained within this schedule are required, the rate charged for those special  services shall be negotiated between the City and the collection contractor.  C. Commercial Roll Off Customers:  Commercial Roll Off customers are those  who have a ten (10) to forty (40) yard container or compactor.  These large  disposal containers are lifted, hauled, and weighed at the disposal facility.   Commercial container customers pay solid waste fees based upon the number of  pickups, corresponding weight‐based fees and a container rental fee.  Compactor  customers pay solid waste fees based upon the number of pickups and a  corresponding weight‐based disposal fees.  AGENDA ITEM # 8. a) ORDINANCE NO. ________  10  1.  Base Pickup Fees:  The base pickup fees are as follows on a per  occurrence basis:  Commercial Roll Off Rates  are Per Pickup  2021  January 1 –  March 31, 2022  Starting April 1,  2022 Renton  SWU Monthly  Rates  10 Yards Container $247.83 $252.79 $260.22  15 Yards Container $266.03 $271.35 $279.33  20 Yards Container $273.31 $278.78 $286.98  25 Yards Container $284.80 $290.51 $299.04  30 Yards Container $296.31 $302.25 $311.13  40 Yards Container $317.04 $323.39 $332.89  10‐15 Yards Compactor $279.84 $285.44 $293.83  20 Yards Compactor $304.75 $310.85 $319.99  25 Yards Compactor $316.15 $322.48 $331.96  30 Yards Compactor $327.55 $334.12 $343.93  40 Yards Compactor $347.92 $354.89 $365.32    The minimum pickups are twice per month.  2.  Rental Rates: The following are rental rates for permanent roll off  containers:  Monthly Rental Rates 2021 January 1 –  March 31,  2022  Starting April  1, 2022  Renton SWU  Monthly  Rates  10 Yards Container $50.85 $51.87 $53.39  15 Yards Container $72.59 $74.04 $76.22  20 Yards Container $94.28 $96.17 $98.99  25 Yards Container $105.15 $107.26 $110.41  AGENDA ITEM # 8. a) ORDINANCE NO. ________  11  30 Yards Container $116.02 $118.35 $121.82  40 Yards Container $142.98 $145.84 $150.13    3.  Disposal Fees:  In addition to the base collection charge per pickup and  the monthly rental fee, the customer must pay weight‐based disposal fees plus  applicable tax.  D.  (Rep. by Ord. 4898, 3‐19‐2001)   E. Temporary Services:  Temporary Services are Commercial Container and  Roll Off services not to exceed ninety (90) days of service. Customers will be billed  for container delivery, container rental, and container pickup based upon the  number of pickups. For ten (10) to forty (40) yard containers, customers will be  billed separate disposal charges based upon weight‐based fees plus all applicable  taxes.  Customers will be required to provide an advanced payment in the amount  of four hundred dollars ($400.00) for two (2) yard to eight (8) yard detachable  containers and eight hundred dollars ($800.00) for ten (10) to forty (40) yard Roll  Off containers. The advanced payment will be held and applied to the final billing  for services provided.  1. Temporary Container Base Pickup Fees:  Commercial Temporary Service  Per Pickup  2021 January 1 –  March 31, 2022  Starting   April 1, 2022    2 Yard Temporary $64.42 $64.42 $67.00  4 Yard Temporary $115.95 $115.95 $120.59  6 Yard Temporary $165.16 $165.16 $171.77  8 Yard Temporary $192.09 $192.09 $199.77  AGENDA ITEM # 8. a) ORDINANCE NO. ________  12  10 – 40 Yard Temporary $219.38 $223.77 $230.35    2.  Temporary Container Rental Fees:  Commercial Temporary  Daily Rental  2021 January 1 –  March 31, 2022  Starting   April 1, 2022   2 Yard Temporary $6.44 $6.44 $6.70  4 Yard Temporary $6.44 $6.44 $6.70  6 Yard Temporary $6.44 $6.44 $6.70  8 Yard Temporary $6.44 $6.44 $6.70  10 – 40 Yard Temporary $9.78 $9.98 $10.27    Commercial Temporary  Monthly Rental 2021  January 1 –  March 31, 2022  Starting   April 1, 2022   2 Yard Temporary $195.88 $195.88 $203.79  4 Yard Temporary $195.88 $195.88 $203.79  6 Yard Temporary $195.88 $195.88 $203.79  8 Yard Temporary $195.88 $195.88 $203.79  10 – 40 Yard Temporary $297.48 $303.56 $312.38     3.  Temporary Container Delivery Fee: A fee in the amount of sixty‐nine  dollars and ninety‐eight cents ($69.98) in 2021 and seventy‐one dollars and thirty‐ nine cents ($71.39) in for January 1 – March 31, 2022, and seventy‐three dollars  and forty‐eight cents ($73.48) starting April 1, 2022, will be charged for each  temporary container delivered to the customer.  F.  Classification and Appeal: Service category classifications shall be on the  basis of the type and volume of solid waste and the purpose and type of the  dwelling or facility being served as determined by the Public Works Administrator  AGENDA ITEM # 8. a) ORDINANCE NO. ________  13  of the City, or the Administrator’s duly authorized representative. Any person who  shall deem their classification improper may appeal to the Solid Waste  Coordinator within forty‐five (45) days following their classification or change of  classification. After the decision of the Solid Waste Coordinator, if the party  appealing is still aggrieved, then the party may appeal to the Public Works  Administrator, whose decision shall be final.    SECTION III. Those rates starting April 1, 2022 shall become effective with billings  computed on or after April 1, 2022.    SECTION IV. If any section, subsection, sentence, clause, phrase or work of this  ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,  such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other  section, subsection, sentence, clause, phrase or word of this ordinance.  SECTION V. This ordinance shall be effective April 1, 2022.  PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021.                           Jason A. Seth, City Clerk    APPROVED BY THE MAYOR this _______ day of _______________________, 2021.                         Armondo Pavone, Mayor    AGENDA ITEM # 8. a) ORDINANCE NO. ________  14  Approved as to form:             Shane Moloney, City Attorney  Date of Publication:      ORD:2200:11/9/21  AGENDA ITEM # 8. a)