Loading...
HomeMy WebLinkAboutCouncil 09/14/2009AGENDA RENTON CITY COUNCIL REGULAR MEETING September 14, 2009 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: National Guard and Reserve Day - September 14, 2009 4. PUBLIC MEETING: Kendall Annexation - 10% Notice of Intent to annex petition for 27.66 acres located south of NE 4th St., east of 152nd Ave. SE 5. PUBLIC HEARING: Real Estate Sign Kiosk Pilot Program 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 8. 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 8/17/2009. Council concur. b. Mayor Law reappoints the following individuals to the Airport Advisory Committee, each for a three year term expiring on 5/7/2012: Karen Stemwell (Aircraft Owners' and Pilots' Association - alternate); Marlene Mandt (Kennydale - primary); Roger Lewis (West Hill - primary); and John Middlebrooks (West Hill - primary). Council concur. c. Mayor Law appoints Robert J. Dempster to the Airport Advisory Committee, Aircraft Owners' and Pilots' Association - primary, for an unexpired term expiring on 5/7/2012 (position previously held by Colleen Turner). Refer to Community Services Committee. d. City Clerk reports bid opening on 8/21/2009 for CAG-09-140, Gene Coulon Memorial Park - Fishing Pier Repair & Cedar River Trail Park - Boathouse Walkway Mitigation; 11 bids; engineer's estimate $90,000; and submits staff recommendation to award the contract to the low bidder, Lake Tapps Construction, Unlimited, in the amount of $51,344.55. Council concur. e. Community and Economic Development Department requests authorization to award $100,000 from the Housing Opportunity Fund to the Renton Housing Authority to support the development and construction of the proposed Edmonds/Glenwood affordable housing project. Refer to Planning and Development Committee. (CONTINUED ON REVERSE SIDE) f. Community Services Department recommends approval of a Site Lease in the amount of $2,000 per month for an initial 12-month term, with an option to extend for an additional year at $1,200 per month, with Cricket Communications, Inc. for the placement of cell antennae on the roof of the 200 Mill Building. Refer to Finance Committee. g. Executive Department recommends approval of a contract in the amount of $20,000 with Puget Sound Access for services related to Renton Channel 21 for 2009, with the option to extend the agreement for 2010 in an amount not to exceed $30,000. Council concur. h. Finance and Information Services Department recommends approval of Addendum #48 to CAG- 06-097, Eastside Fiber Consortium agreement, to add the City of Federal Way as a consortium partner. Council concur. i. Finance and Information Services Department submits request from Boonma, LLC for a utility bill adjustment due to a water leak and recommends granting the adjustment in the approximate amount of $2,925.22. Refer to Finance Committee. j. Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department for a public assistance grant to receive up to 75 percent of the eligible non -insurance covered damages sustained by the City during the December 2008 - January 2009 storm event. Council concur. k. Fire and Emergency Services Department recommends approval of an interlocal agreement with the City of Tukwila regarding use of a Renton fire apparatus. Council concur. (See 10. for resolution.) I. Hearing Examiner recommends approval, with conditions, of the Bob Singh Preliminary Plat; nine single-family lots on 2.14 acres located at 19029 120th Ave. SE (PP-09-050). Council concur. m. Human Resources Department recommends reorganization and reclassification of personnel in the Community Services Department to create the Parks Planning and Natural Resources Division and re -titling the Parks Division to the Parks and Golf Course Division. Refer to Finance Committee. n. Police Department recommends acceptance of $1,644,972 from the Federal COPS Hiring Recovery Program Grant to reinstate four previously funded police officer positions, and authorize funding for two of three previously unfunded positions. City obligation: $548,322. Council concur. o. Transportation Systems Division requests authorization to terminate King County Metro Route 110 (CAG-08-194) and Route 153 (CAG-08-065) Transit Now agreements. Council concur. p. Transportation Systems Division submits CAG-08-125, Citywide Walkway Improvements Project, and requests approval of the project, final pay estimate in the amount of $101.06, commencement of a 60-day lien period, and release of retained amount of $35,127.61 to End General Construction, Inc., contractor, if all required releases are obtained. Council concur. q. Transportation Systems Division recommends approval of an addendum to the agreement with King County Road Services (CAG-08-180), in the amount of $30,635.60, for material testing services for the Rainier Ave. S. (SR 167) Improvement Project Phase I - Shattuck Ave. S. Stormwater Bypass Project. Council concur. r. Utility Systems Division recommends approval of Addendum No. 1 to CAG-09-090, with R.W. Beck, in the amount of $46,080, for consultant services related to the evaluation of a future City 196 zone water reservoir in the Black River quarry area. Council concur. 9. 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 topic may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers b. Transportation (Aviation) Committee: Airport Ground Lease with Renton Gateway Center c. Utilities Committee: White Fence Ranch Special Assessment District* (CONTINUED ON NEXT PAGE) 10. RESOLUTIONS AND ORDINANCES Resolution: Interlocal agreement with City of Tukwila regarding use of a City fire apparatus (See 8.k) Ordinance for first reading: Establishing the White Fence Ranch Sanitary Sewer Extension Special Assessment District (See 9.c.) Ordinances for second and final reading: a. Approving the Earlington Annexation (1st reading 8/17/2009) b. Establishing R-8 zoning for the Earlington Annexation (1st reading 8/17/2009) c. Establishing R-10 zoning for the Earlington Annexation (1st reading 8/17/2009) d. Establishing R-14 zoning for the Earlington Annexation (1st reading 8/17/2009) e. Approving the Duvall South Annexation (1st reading 8/17/2009) f. Approving the Honey Creek Estates Annexation (1st reading 8/17/2009) g. Establishing R-4 zoning for the Honey Creek Estates Annexation (1st reading 8/17/2009) h. Approving the Sunset East Annexation (1st reading 8/17/2009) i. Establishing R-4 zoning for the Sunset East Annexation (1st reading 8/17/2009) j. Land Use Fee Schedule revisions (1st reading 8/17/2009) k. Speed limit revisions (1st reading 8/17/2009) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. EXECUTIVE SESSION (labor relations) 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER September 14, 2009 Monday, 5:00 p.m. Claims, Liabilities, and Workers' Compensation (Kent School District Meet & Greet - Canceled) • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM Mayor's Office Procfamation Whereas, the City of Renton recognizes that the National Guard and Reserve are essential to the strength of our nation and the well-being of our community; and Whereas, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession as they train to respond to their community and their country in time of need, and they deserve the respect of every segment of our society; and Whereas, if these volunteer forces are to continue to serve our nation, increased public understanding is required of the essentional role of the Guard and Reserve in preserving our national security; and Whereas, the City of Renton pledges to fully recognize, honor, and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA); and Whereas, the City of Renton further pledges that our managers and supervisors will have the tools needed to effectively manage employees who serve in the Guard and Reserve; Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim September 14, 2009, to be Xationaf Guardand Reserve may in the City of Renton, and I encourage all citizens to join me in this special observance. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 14th day of September, 2009. Lu Deni Law, Mayor of the City of Renton, Washington Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Y KENDALL ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS September 14, 2009 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed Kendall Annexation area representing more than 10% of the area's $4,696,600 assessed value. Under RCW 35A.14.120, direct petitions to annex are initiated by property owners representing either at least 10% of the annexation areas assessed value. The King County Department of Assessments certified the signatures on the petition on August 4, 2009. The proposed Kendall Annexation site is generally located south of Northeast 4th Street and Southeast 128th Street, east of 152" a Avenue Southeast if extended, west of 158th Avenue Southeast, and uses parcel lines as its southern boundary. The approximately 27.66-acre site is located in the City's Potential Annexation Area. The area is currently designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map. The site currently has King County R-4 zoning. The City will zone the area R-4 four units per net acre, consistent with the RLD land use designation and consistent with the prezoning applied to the area through Ordinance 5254. The zoning would occur simultaneously with the annexation process if the Council authorizes circulation of a 60% Direct Petition to annex, applicants are successful in getting sufficient signatures, and Council decides to accept it. Council is required to hold tonight's public meeting with the applicants in order to decide whether the City wishes to accept, reject, or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will typically: 1. Authorize the circulation a 60% Direct Petition to Annex: 2. Decide whether to require the simultaneous adoption of proposed zoning consistent with the Comprehensive Plan; and, 3. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness. Department of Community KeindaU: Annexation & Economic Development Alex �7etsch, Administrator xt Adhana Johnson, PfannirQ Technician Vicinity Map August 17, 2009 0.1 0.2 to-fles 1:6.,ODO N K" t EM Kendall Annexation Boundary CM City Limits = Parcels zL� Ram - City of Renton PUBLIC INFORMATION HANDOUT September 14, 2009 Proposed Ordinance Regulating Real Estate Sign Kiosks For additional information, please contact: Gerald Wasser, Associate Planner; City of Renton Planning Division; (425) 430-7382 ISSUE: Real estate directional signs are a means of wayfinding for potential home buyers. These signs would typically be located within public rights -of -way along major thoroughfares at or near key intersections and are oriented toward automobile drivers. While these signs are helpful, many non -permitted real estate directional signs occur within the City. The directional signs may create a nuisance at some intersections, particularly on weekend days. The Master Builders Association (MBA) of King and Snohomish Counties represents home builders and has proposed a Real Estate Sign Kiosk Pilot Program which would be in effect for a period of three years unless extended. These signs would direct drivers to housing developments. Each kiosk would be a maximum of ten feet in height and five feet in width and would contain up to ten directional panels. The MBA would have responsibility for building, installing, and maintaining the real estate kiosks and individual directional panels. City staff drafted an ordinance that, if adopted would regulate real estate sign kiosks and real estate sign kiosk directional panels. The ordinance would: establish real estate sign kiosks as a new category of real estate signs; provide for permit requirements, maximum display period, allowed use, allowable sign type, permitted size, permitted locations, maximum number per intersection, maximum height and design standards for real estate sign kiosks; provide definitions for real estate sign kiosks and real estate sign kiosk directional panels; and create a uniform wayfinding system for new residential development with the potential of reducing the proliferation of unauthorized real estate signs. RECOMMENDATION: The Community & Economic Development Department recommends that the City Council accept public testimony regarding the proposed ordinance. Further, the Community & Economic Development Department recommends that the Planning and Development Committee meet to further consider enacting legislation regulating real estate sign kiosks as a pilot program for a maximum of three years unless extended. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of: September 14, 2009 Dept/Div/Board.. Executive Department Agenda Status Staff Contact...... Denis Law, Mayor Consent .............. X Public Hearing.. Subject: Reappointments to Airport Advisory Committee: Correspondence.. Karen Stemwell Ordinance ............. Marlene Mandt Resolution............ Roger Lewis Old Business........ John Middlebrooks New Business....... Exhibits: N/A Study Sessions...... Information......... Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Mayor Law reappoints the following to the Airport Advisory Committee: Ms. Karen Stemwell, P.O. Box 3365, Renton, 98056 (Aircraft Owners' and Pilots' Association — alternate) for a term that expires on 5/7/12. Ms. Marlene Mandt, 1408 N. 26 Street, Renton, 98056 (Kennydale — primary) for a term that expires on 5/7/12. Mr. Roger Lewis, 415 Seneca Avenue NW, Renton, 98057 (West Hill — primary) for a term that expires on 5/7/12. Mr. John Middlebrooks, 510 Seneca Avenue NW, Renton, 98057 (West Hill — primary) for a term that expires on 5/7/12. STAFF RECOMMENDATION: Concur in Mayor Law's reappointments of Karen Stemwell, Marlene Mandt, Roger Lewis, and John Middlebrooks to the Airport Advisory Committee. CITY OF RENTON COUNCIL AGENDA BILL submitting Data: For Agenda of: September 14, 2009 Dept/Div/Board.. Executive Department/ Mayor's Office Agenda Status Staff Contact...... Denis Law, Mayor Consent .............. X Public Hearing.. Subject: Correspondence.. Airport Advisory Committee Appointment: Ordinance ............. Mr. Robert J. Dempster Resolution............ Old Business........ New Business....... Exhibits: Study Sessions...... Community Service Application Information......... Recommended Action: Refer to Community Services Committee Approvals: Legal Dept......... Finance Dept...... Other ............... iscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Mayor Law appoints the following to the Airport Advisory Committee: Mr. Robert I. Dempster, 11600 Rainier Avenue South, #406, Seattle, WA 98178 (Aircraft Owners' and Pilots' Association primary position), for an unexpired term expiring on May 7, 2012 (position previously held by Colleen Turner). STAFF RECOMMENDATION: Confirm Mayor Law's appointment of Mr. Dempster to the Airport Advisory Committee. CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees, please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98055 the boards/commissions/committees in which you are interested: AIRPORT ADVISORY COMMITTEE* CIVIL SERVICE COMMISSION* ❑ HOUSING AUTHORITY* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ LIBRARY BOARD ❑ MUNICIPAL ARTS COMMISSION* ❑ PARKS COMMISSION* ❑ PLANNING COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE - CUAUTLA ❑ SISTER CITY COMMITTEE - NISHIWAKI ❑ TRANSIT ADVISORY BOARD *Special membership requirements apply. Visit www.ci.renton.wa.us or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MRXMS. ❑ NAME �oec�tT I DC►'t� PS�'E12 DATE 0 8' 00 ADDRESS 0 KA I n// e r2. A UQ S k V 6ZIP CODE / 9,/ 7 PHONE: DA 20(-) $90- G OS 3 NIGH'I(,00372.76 23 EMAIL V , dern 12stgifadeoewire ,Pte-t Cp�1 pp I t W PER i m ES9i2, n G Q RENTON RESIDENT? t7or Vc— lei teZnyf' R,," IF SO, SINCE WHEN? CITY OF FORMER RESIDENCE j jK ,5 4 i n tit AKQ S E nD7I :.F. EDUCATIONAL BACKGROUND i3jFA+/V&rrp FiIJB ARTS�fIRCHrf�G'T�QkrfEleCil2nNtGSt-EDU;C AUiosJtt5 : Fcr- 9A V1oT6t.EVlic, .SINGLE-�ntGlnl6 CotMri'612CIq(„� lNSTiZUm6NT' W/U-A0w02 PILOT' LA(Jb+-5cAfLAftW-5 / ey-F-CUTWVR DIRCCT0IQ CNOt•1•PtZOriT 6bl.C(3)) OCCUPATION 5C MI - fZET %9'GP EMPLOYER 5i-%ATrLV WO"P C9%%54r, Wte-LAYte.J 62VCA " ! Avto�Ic5 i OCCUPATIONAL BACKGROUND u- '�� k-%2. L'�m"`°"�'�y cOt 6e�l,' LSe- E:L�CrRorltCS���pq C90Wp1WT0,uT0.<e eLeLTawa 1CS "1�E �ila6r coma -s � tN r2 'YI 6"N6►ght- �T AC.TO AoPA ftePA4 ser rfATWE KgWTW A,9 e0V'r PAcr PRcsrvw� COMMUNITY ACTIVITIES (organizations/clubs/service groups, etc.) 1 is .C� 4P009 ETwt 5fz LVASriiardso.J tFlPctWc CUPAe- r WASMINGToN MTV F1Etp pIRECTOAt KING CeUiuty ^fitpoRT -POST-I:i06EJL5 St.1l?ty,JE Br1sE Oq4K WmOOAL. -PiLor-, A55ecjArIoA) kc1tC camm,rlti'1'o *laM wnirAP' P"ism r/0Mc4lTW CopimirrT66 ENSf1►)-GLNyTOa1 SCO$ FIEi;p MIC►►)gW$psNlOs t R6APlD,J GVEI�nR6F.N C+TY BflLLST��� �f��Tw.143Bt�ri OF 4iHTj /I1oNAS� $Cttit_Pnta,a FPoNsayu kYDRaotaty + g4arMuseilmtAt%�'MAA4TP0R.r.%W4GL. TWO, kbWWrir0P- TKE R{6#4-Ad AlArOAT /S U01Qt&rl /W A C6fK6hJtrJ0 REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEEIAND + SeAetAifc EAse Anly HtsT IC-li- MtQFICLO MY etaTxcr CSwcxt) is #Asep Ar RLr)vTc J. /ny 6WAJ60 IWO OPCRAT60 A140AAFfz KLy/N'G- �our of k&rW k�R� N Y6g45. T)W 1940=4 AAtF041' 15 A VcrAl- LJOA4 W het; $TAgtf7t2A&%P0 erAnoa SySTCOA. sHG `�SOI.• Yb • t%IQST L 16�!_f_L -- _ -- -- -- -_ - - , AM RW141 JJ Irr TK6 ft0s j CAN ATTEND DAY MEETINGS? DIES CAN ATTEND NIGHT MEETINGS? YC5 Applications will be kept on file for one year. If you have questions about serving on a board, commission, or committee, please feel free to contact the Mayor's Office at 425430-6500. . CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... Executive/City Clerk Bonnie Walton Subject: Bid opening on August 21, 2009, for CAG-09-140, Gene Coulon Memorial Park - Fishing Pier Repair & Cedar River Trail Park - Boathouse Walkway Mitigation Exhibits: Staff Recommendation Bid Tabulation Sheet (11 bids) Recommended Action: Council concur For Agenda of: September 14, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $51,344.55 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Engineer's Estimate: $90,000 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities with the low bid. Therefore staff recommends acceptance of the low bid submitted by Lake Tapps Construction, Unlimited in the amount of $51,344.55. STAFF RECOMMENDATION: Accept the low bid submitted by Lake Tapps Construction, Unlimited in the amount of $51,344.55. X COMMUNITY SERVICES D Cit�r.,of�O� }�l DEPARTMENT M E M O R A N D U M DATE: September 2, 2009 TO: Randy Corman, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Leslie Betlach, Parks Director STAFF CONTACT: Todd Black, Capital Project Coordinator (x-6571) SUBJECT: Coulon Park Fishing Pier Repair Project The bid opening for the Coulon Park Fishing Pier Repair Project was held on August 21, 2009, at 3:00 p.m. Eleven (11) bids were submitted. The engineer's cost estimate was $90,000.00 for repair of the fire damaged pier, and Washington Department of Fish & Wildlife's required mitigation work to install a single metal grated opening panel in the concrete entry walkway to the City's Lake Washington Boathouse. The low bid received for the project was $51,344.55. The bid number includes WSST, and was submitted by Lake Tapps Construction, Unlimited. City staff has reviewed the low bid for completeness, inclusion of all required forms, acknowledgement of addenda, mathematical correctness of the bid, and reference checks. The bid used a WSST of 9.0%, so staff corrected this to 9.5%, which provided for the revised bid of $51,344.55. Staff proposes to accept the bid of $51,344.55. Due to the fire damage to the pier, caused by late night visitors, City insurance and the 502 Fund will pay for repairs and mitigation work. To date, $19,300.00 has been spent for the structural design and permitting, and $650.00 for the consultant advertisement and call for bids. The Parks Division recommends that this item be Council concur. If you have any questions, please contact Todd Black at x-6571. Cc: Terry Higashiyama, Community Services Administrator Kelly Beymer, Golf Course Manager Bonnie Walton, City Clerk Jason Seth, Deputy City Clerk Robin Robertson, Risk Manager CADocuments and Settings\JSeth\Local Settings\Temporary Internet Files\Content.Outlook\SPSDK6FZ\2009-117mb (CoulonFishingPier- BidMemoBL revisions)1.doc CITY OF RENTON BID TABULATION SHEET PROJECT: Gene Coulon Memorial Park - Fishing Pier Repair & Page 1 Cedar River Trail Park - Boathouse Walkway Mitigation CAG-09-140 DATE: August 21, 2009 FORMS BIDDER BID Proposal Triple Form "Includes Sales Tax American Construction Co., Inc. 1501 Taylor Way Tacoma, WA 98421 X X $98,878.50 Contact: Steve P. Brannon Anthony Construction Co, Inc. 8110 7th Ave South Seattle, WA 98108 X X $80,742.00 Contact: Dora Mendoza Eisenhut Boettcher & Sons, Inc. 186 Dow Ridge Dr. N P.O. Box 992 X X $78,018.75 Eatonville, WA 98328 Contact: Caleb Boettcher Ebernal General, Inc. P.O. Box 31548 Bellingham, WA 98228 X X $85,410.00 Contact: David Ebenal Epic Construction, LLC 40 Lake Bellevue Dr., Suite 100 Bellevue, WA 98005 X X $90,022.14 Contact: Douglas R. Zylstra Gary Harper Construction, Inc. 14831 223rd St SE Snohomish, WA 98296 X X $87,381.00 Contact: Gary A. Harper Kruse, Inc. 3813 17th Av SW Seattle, WA 98106 X X $84,939.15 Contact: Dan Kruse Lake Tapps Construction P.O. Box 7318 Bonney Lake, WA 98391 X X $5,3==0.10 Contact: Darrel Heen $51,344.55 CITY OF RENTON BID TABULATION SHEET PROJECT: Gene Coulon Memorial Park - Fishing Pier Repair & Page 2 Cedar River Trail Park - Boathouse Walkway Mitigation CAG-09-140 DATE: August 21, 2009 FORMS BIDDER BID Proposal Triple Form "Includes Sales Tax Manson Construction Co. 5209 E. Marginal Way S. Seattle, WA 98134 X x $80,930.00 Contact: Frederick P. Paup Northwest Underwater Construction 800 NE Tenney Rd, Suite 110-111 Vancouver, WA 98685 X x $88,638.76 Contact: Joseph P. Quirk Spiritridge Construction, Inc. 16220 SE 29th PI Bellevue, WA 98008 x x $7 '�S Contact: Randy Cowan $73,310.25 ENGINEER'S ESTIMATE LEGEND: Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage $90,000.00 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. CED Staff Contact...... Mark Santos -Johnson (x 6584) Subject: Housing Opportunity Fund Award to Renton Housing Authority for Edmonds/Glenwood Affordable Housing Project Exhibits: Issue Paper For Agenda of: September 14, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Refer to Planning & Development Committee Legal Dept......... Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $100,000 Transfer/Amendment....... Amount Budgeted....... $100,000 Revenue Generated......... Total Project Budget $23,900,000 (projected) City Share Total Project.. $100,000 SUMMARY OF ACTION: The Renton Housing Authority (RHA) has requested $100,000 from the Housing Opportunity Fund (HOF) to help support the development and construction of the "Edmonds/Glenwood" affordable housing project in the Sunset Area. The proposed new 112-unit affordable housing project is the first phase of RHA's larger Sunset Terrace redevelopment plan. STAFF RECOMMENDATION: Council approve a $100,000 award from the Housing Opportunity Fund to the Renton Housing. Authority to help support the development and construction of the proposed new Edmonds/Glenwood affordable housing project. H:\CED\City Council\Agenda Bills\2009\Housing Opportunity Fund request for RHA - agenda bill 9-8-09.doc a ��y DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT _r,� M E M O R A N D U M DATE: September 2, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: �L Denis Law, Mayor .�Yvtll FROM: Alex Pietsch, Administrator WA STAFF CONTACT: Mark Santos -Johnson, Senior Economic Development Specialist (ext. 6584) SUBJECT: Housing Opportunity Fund Award to Renton Housing Authority for Edmonds/Glenwood Affordable Housing Project ISSUE: Should the City award $100,000 from the Housing Opportunity Fund (HOF) to the Renton Housing Authority (RHA) to help support the development and construction of the proposed new Edmonds/Glenwood affordable housing project in the Sunset Area? RECOMMENDATION: RHA's request has been reviewed by the Department of Community & Economic Development and the Community Services Department. Staff recommends that the Council approve a $100,000 award of HOF funds to RHA to help support the development and construction of the proposed new Edmonds/Glenwood affordable housing project. A contract will be provided in the future for the Council's approval. BACKGROUND SUMMARY: In November 2008, the City Council adopted Ordinance 5419 and thereby transferred $200,000 of unallocated General Fund fund balance to establish the HOF. The HOF funds are available to assist public and private housing projects serving low and/or moderate income households and/or special -needs populations within the City limits. Requests for funding from the HOF are brought forward to the City Council for approval after staff review and recommendation. (See Attachment 1, the HOF Project Eligibility and Uses of Funds.) h:\ced\city council\issue papers\2009\issue paper - housing opportunity fund - rha request 9-2-09.doc HOF Award to RHA for Edmonds/Glenwood Affordable Housing Project Page 2 of 3 Issue Paper September 2, 2009 RHA has requested that the City provide $100,000 from the HOF to help support the development and construction of the proposed new Edmonds/Glenwood affordable housing project. The proposed new 112-unit affordable housing project is the first phase of RHA's larger Sunset Terrace redevelopment plan. The Edmonds/Glenwood project will be located on an existing RHA- owned, 2.7 acre property at 1132 Edmonds Avenue NE and 1147 Glenwood Avenue NE in the Sunset Area, to the northwest of Sunset Terrace public housing project. (See Attachment 2, the RHA Property — Highlands area map.) The proposed Edmonds/Glenwood project will include 112 units of affordable housing for low- income households with incomes at or below 60% of the area median income. The project will include one, two and three -bedroom units for individuals and families. Twenty-two of the units (20%) will be set aside for transitional housing for the homeless and 22 of the units (20%) will be used by persons with disabilities. In addition, a portion of the units will be used as replacement housing for part of the 100 units of public housing at Sunset Terrace. The proposed project meets all of the following Housing Opportunity Fund project eligibility criteria: o The project is physically located within the Renton city limits; o The project is new construction and increases the available supply of affordable housing in Renton; and o The rental housing project is affordable to households earning no more than 60% of the median income in King County. The Edmonds/Glenwood project has an estimated total development and construction budget of $23,900,000. The project proposes to use a combination of local, state and federal funds, including RHA's contributed land (about $2.2 million), King County housing funds, Washington State Housing Trust Funds, U.S. Department of Housing and Urban Development funds, federal low-income housing tax credits from the Washington State Housing Finance Commission and a commercial bank loan. Although the City's $100,000 of HOF funds is only 0.4% of the project's total projected financing, it demonstrates early local support for the proposed project. RHA hopes to use the City's $100,000 HOF funds to help leverage the remaining funds needed for the projected budget, a leverage of $1 of City funds for each $238 of projected other funds. The HOF requires a minimum projected $1-to-$1 match and a preferred projected match of $1-to-$4. RHA has requested that the agency be able to use the $100,000 for predevelopment and/or construction costs, as necessary, including potential architectural design/engineering fees, environmental/land studies and/or construction. These are all eligible uses for the HOF funds. h:\ced\city council\issue papers\2009\issue paper - housing opportunity fund - rha request 9-2-09.doc HOF Award to RHA for Edmonds/Glenwood Affordable Housing Project Page 3 of 3 Issue Paper September 2, 2009 As noted above, the proposed Edmonds/Glenwood affordable housing project is the first phase of RHA's larger Sunset Terrace redevelopment plan. Although the larger Sunset Terrace redevelopment plan is currently only in a preliminary conceptual design phase, RHA envisions a new, higher -density, mixed -use development at the current site of Sunset Terrace and adjacent RHA-owned vacant land in the future. The redevelopment project will include replacement public housing, affordable (workforce) housing and possibly market -rate housing, as well as commercial space and potentially a public library, community center and/or open space — all of which are subject to securing the necessary funding in the future. As part of the larger Sunset Terrace redevelopment, RHA is committed to a one-to-one replacement of the 100 public housing units currently at Sunset Terrace. The agency has a goal of providing at least 200 more affordable (work force) housing units in the area. RHA has been discussing the proposed Edmonds/Glenwood project and their future potential Sunset Terrace redevelopment plans as part of the City's current Sunset Area Community Investment Strategy effort with RHA, the Renton School District and the community. The Edmonds/Glenwood project will provide part of the necessary replacement public housing for Sunset Terrace and provide additional new affordable housing opportunities for other households at or below 60% of the King County median income. CONCLUSION: The $100,000 of HOF for RHA's Edmonds/Glenwood project will help support the development and construction of 112 units of affordable housing for residents at or below 60% of area median income. The project will help support the future redevelopment of Sunset Terrace and provide significant capital investment in the Sunset Area. The $100,000 of HOF funds will help RHA leverage the remaining $23,800,000 of funds needed for the projected budget. The Edmonds/Glenwood project will also increase the opportunities for affordable housing for people with low incomes and special needs in our community — and support the City's vision as the center of opportunity in the Puget Sound region where families and businesses thrive. Attachments: • ' Housing Opportunity Fund — Project Eligibility and Uses of Funds • Renton Housing Authority Property — Highlands Area map • Renton Housing Authority History, Mission, Governance, Housing and Residents Served cc: Jay Covington, CAO Bonnie Walton, City Clerk Iwen Wang, Finance & IS Administrator Terry Higashiyama, Community Services Administrator Suzanne Dale Estey, Economic Development Director Chip Vincent, Planning Director Karen Bergsvik, Human Services Manager h:\ced\city council\issue papers\2009\issue paper - housing opportunity fund - rha request 9-2-09.doc HOUSING OPPORTUNITY FUND (Adopted by Ordinance 5419 on November 10, 2008) PROJECT ELIGIBILITY AND USES OF FUNDS Projects must be physically located within the Renton city limits. Projects must serve low and/or moderate income households and/or special -needs populations as follows: • First priority— New construction projects to increase the available supply of affordable housing in Renton with a preference for mixed -income projects. • Second priority — Acquisition and/or rehabilitation of existing multi -family housing projects to increase the available supply of affordable housing in Renton. • Third priority — Rehabilitation or remodeling of existing multi -family housing projects to maintain the facility as decent, safe, and sanitary affordable housing. • Eligible projects offering home ownership opportunities, such as condominiums, townhouses, cottages, etc., must be affordable to households earning no more than 80% of the median income in King County. Eligible rental projects must be affordable to households earning no more than 60% of the median income in King County The funds are available to entities to support the project activities noted above, but may not be used to provide grants or other direct financial assistance to individuals. The entities that receive the funds must agree to maintain the housing as affordable for a minimum of ten years. The City's funds may be used, for example, for seed money, local match, land acquisition, development costs, construction costs, etc. to support the project activities noted above. The City will strive to maximize leverage for other public and private funds with a minimum projected $1 to $1 match and preferred projected match of 1-to-4 ($1 of City funds for each $4 of projected other funds). Projects will have up to three years to use the City's funds from the date the project's funds are approved by the City Council. PROJECT ELIGIBILITY AND USES OF FUNDS Interested entities may submit an application to request funds at any time to the Department of Community and Economic Development Administrator The Department of Community and Economic Development Administrator will review the application in collaboration with an interdepartmental team and prepare a recommendation to the City Council for approval. Renton Housing Authority History, Mission, Governance, Housing, & Residents Served History & Mission Established September 10, 1941, the mission of the Renton Housing Authority is to provide decent, quality, affordable housing in a safe environment to people with low incomes who make Renton their home. Through partnerships with our clients, service providers and other groups, we will responsibly increase and enhance our housing programs while providing opportunities for those we serve to become self-sufficient. Governance & Housing A five (5) member Board of Commissioners appointed by the Mayor of Renton governs RHA. The Renton Housing Authority (RHA) is a municipal corporation that owns and operates 238 conventional public housing units that are subsidized by the U.S. Department of Housing and Urban Development (HUD). RHA also has 415 local program funded units and 125 project -based units at Cedar River Terrace and Golden Pines Apartments. Additionally, RHA serves the needs of more than 646 households through the Section 8 tenant -based program making it possible for residents with low incomes to live in rental housing anywhere in the city. RHA also provided tax-exempt bond financing for the 92-unit Liberty Square apartments affordable workforce housing project. Residents Served RHA provides affordable housing to approximately 1,500 households that earn less than the median income for Renton. RHA residences include approximately 1,000 families with children, 400 elderly or disabled households, and 100 other households. RHA is committed to making its housing programs and activities accessible and welcoming to individuals with disabilities or handicaps. February 2009 (Renton Housing Authority) 7.1 Ave NE PIN 80 -H-�illcrast =Terrace App Land Value $135,000 1442 Hilicrest Ln NE Imp Value $148,000 (two parcels same PIN) 0.39 Acres PIN 7227800140 App Land Value $987,000 Imp Value $1,454,000 4.97 Acres 3017 NE 16th St Houser Terrace PIN 7227800190 3151 NE 16th St App Land Value $134,000 PIN 0423059023 vacant App Land Value $1,755,000 0.28 Acres Imp Value $5,213,000 —11 .11, 1 . 7.82 Acres 'j-1 1518,12012,2 lg,8,kland A:ONE z— _7 'arij 7 A." 'd Va' apcpant 0.28SAcres 1508110 Kirkland Ave NE PIN 7227800200 App Land Value $105,000 Imp Value $92,000 0.213 Acres 3004 NE 5th St "M Brickshire 10 L 1317 Edmonds Ave NE PIN 72278 0195 3021 NE 15th St App Land Value $90,000 PIN 3343900321 j (3 parcels same PIN) W Imp Value $213,000 PIN 0423059269 App Land Value $150,000 0.232 Acres P Imp Value $614,000 App Land Value $714,000 IE 0.42 Acres Imp Value $1,651,000 2.85 Acres O NE-T, e 1147 Glenwood Ave NE PIN 7227801375 Highland App Land Value $1House .j 65,000 t 2th S2825 NE I Imp Value $21,000 PIN 7227802045 0.325 Acres App Land Value $290,200 1132 Edmonds Ave NE Imp Value $942,800 F PIN 0923059080 0.498 Acres App Land Value $331,000 Imp Value $147,000 1.7 Acres Il 44 PIHA Property c.Sunset Ln NE & NE 10th St 0 NOE PIN 7227801785 App Land Value Imp Value $78,000 1.09 Acres Renton Housing Authority aL M ain Office 2900 NE I Oth St L ib" PIN 7227900075 App Land Value $724,000 Imp Value$904,800 1.27 Ac a Mom5 Sunset Terrace 970 Harrington Ave NE PIN 7227801085 (2 parcels same pin) PIN 7227801055 (4 parcels same pin) PIN 7227801400 App Land Value $318,000 Golden Pines Imp Value $831,700 - 2901 NE I Oth St 7.30 Acres PIN 7227801027 6 App Land Value $728,000 Imp Value $1,606,000 1.28 Acres t Renton Housing Authority - Highlands Area r.'.'"J'City Limits „Highlands M Renton Housing Authority Property November 7, 2007 0 0.05 0.1 Wiles I�A 1:4,800 N Q Of. r 111. N— I 1—d AnJn� IO ..... Map produced by City Of Renton (c), the City of Renton all rights CommIMiuni Y 'hCono mic Development reserved. No warranties of any sort, including but not limited Alex Pictsch, Administrator to accuracy., fitness or merchantability, accompany this product. Data/GIS Analysis Services, Adriana A. Johnson, Patrick Roduin CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Ext. 6605 Subject: Lease Amendment with Cricket Communications, Inc. Exhibits: Issue Paper Lease Agreements For Agenda of: September 14, 2009 Agenda Status Consent .............. Public Hearing. Correspondence. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... E1 Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... X Finance Dept..... X Other .................. rlscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $2,000 per month* Total Project Budget City Share Total Project SUMMARY OF ACTION: Being ideally situated along the 1-405 corridor, the 200 Mill Building has been identified as an ideal location for cell antennae placement. Cricket Communications Inc., (CCI) approached the City with the intent of placing cell equipment on the south end of the roof with their control equipment placed in a small enclosure resting on existing support elements on the roof. Various structural and infrastructure engineering reviews show that this placement can be made safety and effectively. *Rent would be $2,000 per month during the 12-month initial term with an option for an additional one year extension. Rent would then be $1,200 per month for a five-year term with four percent annual compounded increases once equipment is installed and the option period ends. There are up to five additional five-year options at the same rate of annual compounded increases. CCI would also reimburse the City for electrical use. STAFF RECOMMENDATION: grove Site Lease with Cricket Communications Inc., for roof space on the 200 Mill Building. C:\Documents and Settings\!Seth\Local Settings\Temporary Internet Files\Content.Outlook\SPSDK6FZ\Agenda Bill CCI 082009rev1.doc 9/8/2009 2:24:45 PM COMMUNITY SERVICES D City of 7 DEPARTMENTiiilllllllllllllll000O �0� M E M O R A N D U M vAT,E: August 27, 2009 TO: Randy Corman, Council President Members of Renton Cit Council VIA: Denis Law, Mayo ��-- FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext 6,605 SUBJECT: Lease Agreement with Cricket Communications, Inc. Issue: Should the Council authorize the Mayor and -City Clerk to sign a Lease Agreement with Cricket Communications, Inc., for roof space on the 200 Mill Building? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Agreement. Background: The 200 Mill Building is ideally situated along the 1-405 corridor. Cellular service providers have identified it as a good site for placement of cell antennae. There are currently two companies with cell equipment installed at this location. Cricket Communications Inc., {CCI) approached the City about six months ago with the intent of placing additional cell equipment at the 200 Mill Building. Since that time, CCI has performed the various structural and infrastructure engineering reviews to verify that the placement can be made safely and effectively. • The business points of the proposed amended lease are as follows: o Antennae would be placed on the south end of the roof, and control equipment would be placed in a small enclosure resting on existing support elements on the roof. o Rent will be $2,000 per month during the 12=month initial term with an option for an additional one year extension. o Once the equipment is installed and the option period ends, rent will be $1,200 per month for a five-year term with four percent annual compounded increases. o There are up to five additional 5-year options at the same rate of annual compounded increases. o CCI would also reimburse the City for electrical use. o There are a number of cause -based termination options included. Conclusion: Leasing available roof space to CCI provides the City with a source of continuing cash "flow. Jay Covington, Chief Administrative Officer Iwen Wang, finance & IS Administrator Larry Warren,City Attorney hAfacilities\facilities director\peter renner\pcter renner 2009\cricket communications 2009\issue paper cricket 082509.doc AFTER RECORDING, PLEASE RETURN TO: Cricket Communications, Inc. '555 Andover Park West, Suite 201 Tukwila, WA 98188 Attn: Wendy Long Memorandum of Lease and Option The City of Renton, a municipal corporation of the State of Washington ("Landlord") and Cricket Communications, Inc., a Delaware corporation ("Tenant") entered into a Site Lease with Option dated _ ("Agreement") regarding a portion of the real property located at 200 Mill Ave. South, Renton, WA 98005, as more particularly described in the attached,Exhibit A ("Property"). The Option is for a term of twelve (12) months after the Effective Date of the Agreement, with up to one additional twelve (1.2) month renewal ("Option Period"). The Agreement is for a term of five (5) years and will commence on the date as set forth in the Agreement (the "Commencement Date") and shall terminate at midnight on the last day of the month in which the fifth (5th) anniversary of the Commencement Date shall have occurred. Tenant shall have the right to extend this Agreement for five (5) additionaI five (5) year terms. IN WITNESS WHEREOF, the parties hereto have executed this memorandum effective as of the date of the last party to sign. LANDLORD: The City of Renton, a municipal corporation of the State of Washington By: Printed Name: Its: Date: TENANT: CRIC CO ICATIONS, INC., a Delaware corporation By: E2� ------ Printed Name: .Don. Simmons Its: Regional Network Director Date: 7-7.-� —0 1 .SEA-238-A , STATE OF ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: STATE OF COUNTY OF Dated: Notary Public Print Name My commission expires ) ss. I certify that I know or have satisfactory evidence that Don Simmons is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Regional Network Director of Cricket Communications, Inc. to be the free and voluntary act o uch party for the uses and purposes mentioned in the instrument. SEA-238-A Notary Pu lie ) % Print Name CIOW My commission expires 7 •a9 •.o?jQ) 2 PA EXHIBIT A Legal Description The Property.is legally described as follows: That portion of Government Lot 4 in Section 17, Township 23 North, Range `5 East W.M. in King County, Washing -ton, described 8 follows: Beginning at a point on the west line of said -Government Lot, 721.39 feet south of the northwest corner of said Government Lot 4; Thence east at right angles to said west line 656.03 feet, more or less, to the west line of a tract of land conveyed to Seattle Car Manufacturing Company by deed recorded under Recording Number 477920; Thence in a southwesterly direction along said westerly boundary line, which line is parallel to and 100 feet westerly of the westerly boundary line of the right of way of the Columbia and Puget Sound Railway Company (Newcastle Branch), a distance of'597.33 feet to the northerly boundary line of the Commercial Water Way District No. 2; Thence in a northwesterly direction along said northerly boundary line a distance or 440.80 feet to the west line of said Government Lot 4; Thence north along said west line a distance of 293.10 feet to the point of beginning; EXCEPT that portion thereof lying within North Bronson Way. SEA-238-A Market: SEATTLE Cell Site Number: SEA-238-A Cell Site Name: Liberty Park SITE LEASE WITH OPTION THIS SITE LEASE WITH OPTION ("Agreement") is entered into this day of 200_ ("Effective Date") by and between The City of Renton, a municipal corporation of the State of Washington, having an office at 1055 South Grady Way, Renton, WA 98055 ("Landlord") and CRICKET COMMUNICATIONS, INC., a Delaware corporation, having an office at 10307 Pacific Center Court, San Diego, CA 92121 ("Tenant"). 1. OPTION TO LEASE. (a) In consideration of the payment of two thousand and No/100 Dollars ($2,000.00) ("Option Fee") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease the use of a portion of the real property located at 200 Mill Ave. South, Renton, WA 98005, as more completely described in the attached Exhibit A ("Property"), on the terms and conditions set forth herein ("Option"). The Option shall be for an initial term of twelve (12) months, commencing on the Effective Date ("Option Period"). The Option Period may be extended by Tenant for an additional twelve (12) months upon written notice to Landlord and payment of the sum of two thousand and No/100 DoIIars ($2,000.00) ("Additional Option Fee") at any time prior to the end of the Option Period. (b) During the Option Period and any extension thereof, and during the term of this Agreement, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises from all applicable government and/or regulatory entities (including, without limitation, ,zoning and land use authorities, and the Federal Communication Commission ("FCC")) ("Governmental. Approvals"), including appointing Tenant as agent for all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, and land -use pennits, and Landlord expressly grants to Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations on the Property, necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system design, operations and. Governmental Approvals. During the Option Period and any extension thereof, Tenant may exercise the Option by commencing installation of the Communications Facility. (c) If Tenant exercises the Option, then, subject to the following terms and conditions, Landlord hereby leases to "Tenant the use of that portion. of the Property comprising approximately 500 square feet sufficient for placement of Tenant's Communications Facility (as defined below), together with all necessary space and easements for access and utilities, as generally described and depicted in the attached Exhibit B (collectively, "Premises"). 2. TERM. (a) The initial term of the Agreement shall be five (5) years commencing on the date of the exercise of the Option ("Commencement Date"), and terminating at midnight on the .last day of the initial term ("Initial Term"). Site Lease with Option SEA-238-A 5/2/09 (b) This Agreement shall automatically renew for five (5) additionaI five (5) year terms ("Renewal Term") on the same terms and conditions as set forth herein unless Tenant notifies Landlord, in writing, of Tenants intention not to renew this Agreement, at least sixty (60) days prior to the expiration of the Initial Term or any applicable Renewal Term. If Tenant remains in possession of the Premises at the expiration of this Agreement or any Renewal Term without a written agreement executed by Landlord and Tenant, such tenancy shall be deemed a month -to -month tenancy under the same terms and conditions of this Agreement. At each renewal term the rent shall increase four percent (4 %) per 3. PERMITTED USE. Tenant may use the Premises for the transmission and reception of radio communication signals and related activities. Tenant shall have the right, at its expense, to install, erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving antennas, microwave dishes, global positioning system antennas, tower and base, equipment shelters and/or cabinets and suitable support systems, and related cables and utility lines (collectively, "Communications Facility"). The Communications Facility shall initially be configured as set forth in the attached Exhibit B. Tenant may modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant is solely responsible to maintain any repairs, upgrades or further additions of any equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord. Tenant shall cause all construction to occur free of mechanics liens and in compliance with all applicable laws and ordinances. Tenant, at its expense, may use any and all reasonable means of restricting access to the -Communications Facility, including, without limitation, the construction of a fence. 4. RENT. Commencing on the first day of the month following the date that Tenant commences construction ("Rent Commencement Date"), Tenant will pay the Landlord a monthly rental payment of one thousand two hundred and No/100 Dollars ($1,200.00) ("Rent"), at the address set forth above, on or before the fifth (5a') day of each calendar month in advance. Late payments made after this fifth (5°i) day will be charged a penalty in the amount of ten percent\(10%) of the monthly rent. In partial months occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within thirty (30) days after the Rent. Commencement Date. INTERFERENCE. (a) Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord, or tenants or licensees of Landlord, with rights in the Property prior in time to Tenant's (subject to Tenant's rights under this Agreement, including without limitation, non-interference). Where there are existing radio frequency users ("Carriers") on the Property, the Landlord will provide Tenant with a list of all existing Carriers so Tenant may evaluate potential interference. Tenant warrants that its use of the Premises will not interfere with existing Carriers so disclosed by Landlord, as long as the existing Carriers operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord shall not use, nor shall Landlord permit its tenants, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant. If Landlord receives any request to locate any future Carrier on the Property, Landlord shall notify Tenant so Tenant may evaluate potential interference. Landlord shall include in the Site Lease with option SEA-238-A 52109 lease, license or other agreement with the Carrier, and make reasonable efforts to enforce, a provision prohibiting the Carrier from interfering with Tenant's communications operations. (c) Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference within seventy- two (72) hours. In the event any such interference does not cease within the aforementioned cure period, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, either to bring a court action to enjoin such interference or to terminate this Agreement immediately upon written notice. G. APPROVALS-, UTILITIES; MAINTENANCE,• ACCESS. (a) Landlord shall cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communication Commission ("FCC") ("Governmental Approvals"), including appointing Tenant as agent for all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, and land -use permits, and Landlord expressly grants to Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations on the Property, necessary to determine that Tenant's use of the Premises as defined below will be compatible with Tenant's engineering specifications, system design, operations and Governmental. Approvals. (b) Tenant shall, at Tenant's expense, keep and maintain the Communications Facility now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Agreement, normal wear and tear and casualty excepted. (c) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators) reasonably necessary to provide service to the Communications Facility. Landlord agrees to use reasonable efforts to assist Tenant to acquire .such utility service. Tenant shall, wherever practicable, install separate meters for utilities used on the Property. If separate meters are not installed, Tenant shall pay the periodic. charges for all utilities attributable to Tenant's use. When submetering is necessary and available, Landlord will read the teeter on a monthly or quarterly basis and provide Tenant with the necessary usage data in a timely manner to enable Tenant to compute such utility charges. Failure by Landlord to perform this function will limit utility fee recovery by Landlord to a twelve-month period. Landlord shall diligently correct any variation, interruption or failure of utility service. (d) As partial consideration for Rent paid under this Agreement, Landlord hereby grants Tenant an easement in, under and across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the Premises adequate to install and maintain utilities, which include, but are not limited to, the -installation -of power and telephone service cable, and to service the Premises and the Communications Facility at all times during the Initial Term of this Agreement or any Renewal Term (collectively, "Easement"). The Easement provided hereunder shall have the same term as this Agreement. (e) Tenant and its employees, agents, and subcontractors shall have 24-hours-a-day, 7-days-a-week pedestrian and vehicular access to only the roof area of the Premises at all times during the Term of this Agreement for the installation, maintenance and operation of the Communication Facility Site Lease with Option SEA-238-A 5/2/09 and any utilities serving the Premises. Landlord grants to Tenant an easement for such access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such access at no additional cost to Tenant. Upon Tenant's request, Landlord will execute a separate recordable easement evidencing this right. If any public utility is unable to use the access or easement provided to Tenant then the Landlord agrees to grant additional access or an easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant. (f) At such time that the Landlord deems it necessary to undertake repairs of roof of the premises, Landlord shall give Tenant thirty (30) days' prior written notice of the time and duration necessary to undertake the repairs. Tenant shall then be required to reasonably cooperate and pay all cost associated with temporarily moving Tenant's equipment in preparation for any roof repair work that is required during the term of the Agreement. Tenant may either temporarily relocate the Communication Facility or otherwise secure the antennas or the Communication Facility .generally to protect them from damage. Tenant will be permitted to install a temporary facility, such as a cell site on wheels ("COW"), if necessary to continue operation of the Communication Facility, All such work shall be done at Tenant's expense. 7. T_ERMINATION. Except as otherwise provided herein, this Agreement may be terminated, without any penalty or further liability as follows: (a) by Landlord upon ninety (90) days written notice if Tenant fails to cure a default for payment of amounts due under this Agreement within that thirty (30) day period; (b) by either party upon ninety (90) days written notice if the other party commits a non -monetary default and fails to cure or commence a cure of such default within that ninety (90)-day period and diligently pursues such cure, or such longer period as may be reasonably required to diligently complete a cure commenced within that ninety (90)-day period; or (c) by Tenant upon written notice to Landlord for any reason at any time prior to commencement of construction by Tenant; (d) by Tenant upon sixty (60) days prior written notice to Landlord for any reason, so long as Tenant pays Landlord a termination fee equal to three (3) months' Rent at the then current rate provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any one or more. of Sections 5 interference, 6(a) Approvals, 7(c) Termination, 7(e) Termination, 7(f) Termination, 7(g) Termination, or 13 Environmental; (e) by Tenant upon written notice to Landlord if a ruling or directive of the FCC (Federal Communication Commission) or other governmental or regulatory agency specifically precludes Tenant from utilizing the Premises for its intended use as specified within this Lease Agreement. 8. TAXES. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes directly attributable to, the Communications Facility. Landlord shall pay any real property taxes or other fees and assessments attributable to the Property. If Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Agreement, after giving Landlord written notice of its intent to do so. Site Lease with Option 4 SEA-238-A 5/2/09 9. INSURANCE. Tenant shall provide Commercial General Liability Insurance in an aggregate amount of One Million and No/100 Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. The coverage afforded by Tenant's commercial general liability insurance shall apply to Landlord as an additional insured, but only with respect to Landlord's liability arising out of its interest in the Property. Tenant shall have the right to self -insure with respect to any of the above insurance requirements. 10. INDEMNIFICATION. (a) Tenant hereby agrees to indemnify, defend and hold Landlord and its agents, contractors, employees, officers, and directors, harmless fi•om and against any and all claims, damages, losses and expenses, including but not limited to attorneys' fees and disbursements, directly arising out of any claim, action or other proceeding (including without limitation any proceeding by any of Tenant's employees, agents or contractors) that is based upon (a) Tenant's breach of this A-greement, (b) the conduct or actions of Tenant within or outside the scope of this Agreement, (c) any negligent act or omission or willful misconduct of Tenant; or (d) any other unlawful act committed by Tenant. (b) Landlord hereby agrees to indemnify, defend and hold Tenant and its agents, contractors, employees, officers, and directors, harmless from and against any and all claims, damages, losses and expenses, including but not limited to attorneys' fees and disbursements, directly arising out of any claim, action or other proceeding (including without limitation any proceeding by any of Landlord's employees, agents or contractors) that is based upon (a) Landlord's breach of this Agreement, (b) the conduct or actions of Landlord within or outside the scope of this Agreement, or (c) any negligent act or omission or willful misconduct of Landlord. (c) Notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages. 11. NOTICES. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified. mail, return receipt requested, or sent by for next -business -day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant, to: With a copy to: If to Landlord, to: Cricket Communications, Inc. Cricket Communications, Inc. City of Renton 10307 Pacific Center Court 10307 Pacific Center Court 1055 South Grady Way San Diego, CA 92121 San Diego, CA 92121 Renton, WA 98055 Attn: Dan Rebeor Attn: Legal Department Attn: Peter Renner, CFM 12. QUIET ENJOYMENT TITLE AND AUTHORITY. Landlord covenants and warrants to Tenant that (i) Landlord has full right, power and authority to execute this Agreement; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises; and (iii) execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any Site Lease with option SEA-238-A 5/2/09 5. mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Agreement, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 13. ENVIRONMENTAL. (a) Landlord represents that it has no knowledge of any substance, chemical or waste on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (collectively, "Hazardous Substance"). Neither Landlord nor Tenant shall introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and reinediation as required by any applicable environmental law, with respect to all spills or other releases of any Hazardous Substance not caused by Tenant, that have occurred or which may occur on the Property. If Landlord determines that Tenant and/or its agents are responsible for the introduction of any hazardous substance on the property, Tenant shall be responsible for, and shall promptly comply with any required remediation or other cleanup efforts under the direction of the Landlord. (b) Each parry agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, "Actions"), that relate to or arise from the indemnitor's activities on the Property. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority and subject to the provisions set forth in paragraph 13(a). This Section D shall survive the termination or expiration of this Agreement. (c) If Tenant becomes aware of any Hazardous Substance on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action, intervention or third -party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate the Agreement upon written notice to Landlord. 14. ASSIGNMENT AND SUBLEASE. (a) Tenant may assign this Agreement or sublease the Premises and its rights granted herein, in whole or in part, upon written notice to Landlord. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Agreement and all obligations hereunder. (b) Additionally, Tenant may mortgage or grant a security interest in this Agreement and the Communications Facility, and may assign this Agreement and the Communications Facility to any mortgagees or holders of security interests, including their successors or assigns (collectively, "Mortgagees"), provided such Mortgagees interests in this Agreement are subject to all of the terms and provisions of this Agreement. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Site Lease with Option ' 6 SEA-238-A 5/2/09 15. SUCCESSORS AND ASSIGNS. This Agreement and the Easement granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 16. WAIVER OF LANTDLORD'S LIEN. Landlord hereby waives any and all lien rights it may have, statutory or otherwise concerning the Communications Facility or any portion thereof which shall remain Tenant's personal property for the purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent. 17. REMOVAL. All portions of the Communications Facility brought onto the Property by Tenant will remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Tenn. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will becotne, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. 18. MISCELLANEOUS. (a) The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. (b) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel information about the Agreement as the other may reasonably request. (c) This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. (d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Agreement in substantially the form attached as Exhibit C) necessary to protect its rights or use of the Premises. The Memorandum of Agreement may be recorded in. place of this Agreement by either party. In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non -disturbance and attornment agreement for each such mortgage or deed of trust, in a form and content reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the Title Company may require in connection therewith. (e) This Agreement shall be construed in accordance with the laws of the state in which the Property is located. (f) If any term of this Agreement is found to be void or invalid, such finding shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make their enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. Site Lease with Option SEA-238-A 5/2/09 (g) The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement in their individual or representative capacity as indicated. (h) This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (i) All Exhibits referred herein are incorporated herein for all purposes. Exhibit A (Legal Description of Landlord's Property) and Exhibit B (Description of Premises and Communications Facility) may be attached to this Agreement and the Memorandum of Agreement, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, which may have been attached hereto in preliminary form, may be replaced by Tenant with such final, more complete exhibit(s) once those final exhibits have been reviewed and agreed upon by both parties. The terms of all Exhibits are incorporated herein for all purposes. LANDLORD: The City of Renton, a municipal corporation of the State of Washington Tax Identification Number (or Social Security Number): By: Printed Name: Its: Date: TENANT: CRICKET TIOI`TS,1NC., a Delaware corporation By: --- Printed Name: Don Simmons Its: Regional Network Director Date: % Z.3 - 0 Site Lease with Option SEA-239-A 5/2/09 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY To the Site Lease with Option dated , 200_, between The City of Renton, a municipal corporation of the State of Washington as Landlord, and Cricket Communications, Inc., a Delaware corporation, as Tenant. City: Renton State: Washington County: Kintr The Property of which the Premises are a part is legally described as follows: That portion of Government Lot 4 in Section 17, Township 23 North, Range 5 East W.M., in King County, Washington, described as follows: Beginning at a point on the west line of said Government Lot, 721.39 feet south of the northwest corner of said Government Lot 4; Thence east at right angles to said west line 656.03 feet, more or less, to the west line of a tract of land conveyed to Seattle Car Manufacturing Company by deed recorded under Recording Number 477920; Thence in a southwesterly direction along said westerly boundary line, which line is parallel to and 100 feet westerly of the westerly boundary line of the right of way of the Columbia and Puget Sound Railway Company (Newcastle Branch), a distance of 597.33 feet to the northerly boundary line of the Commercial ' Water Way District No. 2; Thence in a northwesterly direction along said northerly boundary line a distance or 440.80 feet to the west line of said Government Lot 4; Thence north along said west line a distance of 293.10 feet to the point of beginning; EXCEPT that portion thereof lying within North Bronson Way. Site Lease with Option 9 SEA-238-A 5/2/09 EXHIBIT B DESCRIPTION OF PREMISES AND COMMUNICATIONS FACILITY To the Site Lease with Option dated , 200_, between The City of Renton, a municipal corporation of the State of Washington as Landlord, and Cricket Communications, inc., a Delaware corporation, as Tenant. The location of the Premises within the Property together with access, ingress, egress, easements and utilities are more particularly depicted as follows: 4 PfI WT UST L'f� iaL�m�1T--v�1u FiWF7. ,TMEKIVH (7� INODAj 1rl. 211- j FETFIC ¢CG`BHET ti 4' s'-tr Pfx*cam M CKCKET ,rtlnCRP uo_ EF44 To !FJ t9 Ai1Ti7•IrY. F NDUNqr "Z 1 A2WU 1l1O�''J� PIFI MTt2] 1 -M bvRt e DM t7RS'TM BLILBTC COISfi EMNnN K-LM ETMY 1 t EuLnvo0 I i 61 wrtic d!•(iiJi11 hAfikY Darn YC .u1'IwLI 1 - tt rLFnf 1 E7C�CN. EIKN..6T 1RtYK 1 FIXHTHO JVIC L*KT 1 i ^� ROCr P7 w + 1 (�]'tr Rom. ipF NACI- h M w10 (y� PIIDP . CN7 MMET O ms S AT FZDCFTUL-j C IN +Hrtww tairr n=,o.e .- i P05FIC&M rsCC'sQ=7' LLEIk is A9i0. M1i fiYih7} T9 NYACti i ~ t FLAZKyO-rV uNN -rEFI� A 6[lcIICy tCiXpi 1 K.-4 FIM01W MAM E39irnmo gNagMW R I PI4POBm CRY.]CGT 0Lrr R jv 'Ml1C 1 F�TM AxrE]rit owmy 1 1 i �4�n�aYt G�NCT Rf MCP /ifID. iTChWE AT a CC= i � t T CFIK:H E>r' IX F^TNCi FiVctC UNTEEl�TE71 FET16E P<MF W4 E376nhD PNT�rBfln R mod' �T� ANTpiLa MNR I ❑ rPF*XVNMKA-1 kAIV14 ExMY" C OULEMB Ca -VA F MCMEr PFC OE7N'QOKALOCH Y*wi ao K�pMc�s E)mwa ffi'K E1a6TV,0 *RV FLAx s TO BE AE3dCM 7] _ psp Pm SFm MEM 'lCKRS WTH RJMW= 9PMW 4Tm_ PIM;lt'iiI N6UlfTtSl CN E""HO GTEEL FANS E7B HC4RVAW ncantaus NORTH AN 1 ar s,K !!fi! it3R a Frf2cyp A tt3d�i1`FAC WfowAllrwn Fltoartiratm tcl-ic u �::Fk:sws xcatr: R+s;'�`+3i•: ::r•>itwmR C$1T�REV.�� YM i2�'.'�.!]tf> �eak�'t.iJ. �ITL�TF m FiXFOf. N4 sec i �. � � • IY IOEI, I6 2 Notes: 1. This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and, mounting positions and locations of antennas and transmission lines are illustrative only, Actual types, numbers and mounting positions may vary from what is shown above. Site Lease with Option 10 SEA-238-A 5/2/09 EXHIBIT C MEMORANDUM OF LEASE AND OPTION To the Site Lease with Option dated , 200 , between The City of Renton, a municipal corporation of the State of Washington as Landlord, and Cricket Communications, Inc., a Delaware corporation, as Tenant. NOTES: Note that the first Memorandum is the exhibit. The second one attached below should be signed as a separate recordable document. Site Lease with Option 1 l SEA-238-A 512/09 AFTER RECORDING, PLEASE RETURN TO: Cricket Communications, Inc. 555 Andover Park West, Suite 201 Tukwila, WA 98188 Attn: Wendy Long Memorandum of Lease and Option The City of Renton, a municipal corporation of the State of Washington ("Landlord") and Cricket Communications, Inc., a Delaware corporation ("Tenant") entered into a Site Lease with Option dated _ ("Agreement") regarding a portion of the real property located at 200 Mill Ae. v South, Renton, WA 98005, as more particularly described in the attached Exhibit A ("Properly"). The Option is for a term of twelve (12) months after the Effective Date of the Agreement, with up to one additional twelve (12) month renewal ("Option Period"). The Agreement is for a term of five (5) years and will commence on the date as set forth in the Agreement (the "Commencement Date") and shall terminate at midnight on the last day of the month in which the fifth (5th) anniversary of the Commencement Date shall have occurred. Tenant shall have the right to extend this Agreement for five (5) additional five (5) year terms. IN WITNESS WHEREOF, the parties hereto have executed this memorandum effective as of the date of the last party to sign. LANDLORD: The City of Renton, a municipal corporation of the State of Washington By: Printed Name: Its: Date: TENANT: CRICKET COMMUNICATIONS, INC., a Delaware corporation Printed Name:. Don Simmons Its: Regional Network Director Date: Site Lease with Option 12 SEA-238-A 50-109 STATE OF ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires STATE OF ) ss. COUNTY OF Dated: I certify that I know or have satisfactory evidence that Don Simmons is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Regional Network Director of Cricket Communications, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Site Lease with Option SEA-238-A 5/2/09 Notary Public Print Name My commission expires 13 EXHIBIT A Legal Description The Property is legally described as follows: That portion of Government Lot 4 in Section 17, Township 23 North, Range 5 East W.M., in King County, Washington, described as follows: Beginning at a point on the west line of said Government Lot, 721.39 feet south of the northwest corner of said Government Lot 4; Thence east at right angles to said west tine 656.03 feet, more or less, to the west line of a tract of land conveyed to Seattle Car Manufacturing Company by deed recorded under Recording Number 477920; Thence in a southwesterly direction along said westerly boundary line, which line is parallel to and 100 feet westerly of the westerly boundary line of the right of way of the Columbia and Puget Sound Railway Company (Newcastle Branch), a distance of 597.33 feet to the northerly boundary line of the Commercial Water Way District No. 2; Thence in a northwesterly direction along said northerly boundary line a distance or 440.80 feet to the west line of said Government Lot 4; Thence north along said west line a distance of 293.10 feet to the point of beginning; EXCEPT that portion thereof lying within North Bronson Way. Site Lease with Option 14 SEA-238-A 5/2/09 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Executive/Communications Staff Contact...... Preeti Shridhar Subject: Contract for Consultant Services between the City of Renton and Puget Sound Access for the operation of Channel 21, related video production and other related services. Exhibits: Contract with Scope of Work Issue Paper I Al#: A 0 12_ 1 For Agenda of: September 14, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Council Concur Legal Dept ......... x Finance Dept ...... x Other ............... Fiscal Impact: Expenditure Required... $20,000 (2009); Transfer/Amendment....... $30,000 (2010) Amount Budgeted....... $20,000 (2009) Revenue Generated......... $30,000 (2010) Total Project Budget $20,000 (2009); City Share Total Project.. $30,000 (2010) SUMMARY OF ACTION: The City's Channel 21 is an important resource to inform and engage our community in activities related to local government, including Council meetings, and the programs and services that we provide. Given the current budget challenges and the lack of funding for an FTE to operate the City's Channel 21, one option to maintain and expand the operation of Channel 21 is to engage the services of a full -service production agency. This agreement recommends a contract with Puget Sound Access for services to cover the operation of the City's Channel 21 and related support, maintenance, and administrative work. This includes the production, programming and other operations related to City Council meetings, creating informational graphics or video slates, various shows related to the City events, news and other services, video -streaming and other related website services and overall support for the City's Channel 21. STAFF RECOMMENDATION: • City Council authorize this agreement between the City and Puget Sound Access for their services related to the operation of Channel 21, as per the attached contract and scope of work for a total amount not to exceed the sum of $20,000 for 2009. • City Council further authorize an addendum to extend the agreement in 2010 for the same services for the operation of Channel 21, as per the attached contract and scope of work for a total amount not to exceed the sum of $30,000 for 2010, subject to mutual agreement by both parties. Renton net/agnbilI/ M ADMINISTRATIVE AND JUDICIAL SERVICES DEPARTMENT M E M O R A N D U M DATE: September 14, 2009 DCity of o~`Y TO: Randy Corman, Council President Members of the Renton City Council VIA Denis Law, Mayor FROM: Jay Covington, Chief Administrative Officer STAFF CONTACT: Preeti Shridhar, Communications Director SUBJECT: Consultant services contract between the City of Renton and Puget Sound Access for the operation of Channel 21 Issue: What action should be taken for the City to operate Channel 21 and utilize it as a means of informing and engaging citizens in the governmental, civic and cultural affairs of Renton through the use of television and other related multi -media. Recommendation: Council support staff recommendation that the City contract with Puget Sound Access (PSA) to provide consultant services for the operation of Channel 21, related video production and other related services. Background: Renton's Channel 21 has been maintained and operated by the City Clerk's Office to broadcast City Council meetings, to announce information on events and other key programs and services using graphical video slates, and to provide other programming and content. As part of the reorganization of the Communications Division and in response to the dramatic changes in television technology and the need to integrate digital production with web technology, and to ensure consistency in communications, the City Council approved the transition of Channel 21 programming and operations to the Communications Division. This transition provides several opportunities to enhance Channel 21 as a multi -media resource that provides linkage to public information and opportunities for citizens to understand and interact with their local government. However, there are some current challenges that can also be addressed through the comprehensive consultant services contract proposed here. Renton City Council Page 2 of 4 September 14, 2009 Resources: Prior to 2009, half the time of a City multi -media specialist was dedicated to channel programming, production and other services. In addition, the cable fund provided $30,702 for professional services and $8,670 for repairs and maintenance. The resources from the cable fund were used for videographer services for producing City Council meetings and various productions, including the show known as City View. Due to budget constraints, the half-time staff resources of a multi -media specialist are no longer available. Therefore, utilizing the available budget from the cable fund for a full -service production house to operate Channel 21 and enhance the content and programming is one way to continue to meet the goals of the City's cable channel without reducing the quality of service. Technology: The aging analog technology of Renton's cable channel poses several challenges including reliability, delivery quality, incompatibility with other systems, and lack of integration with other web and multi -media communication platforms. It also requires significantly more staff time to operate. In 2008, Council authorized a PEG fee (fee charged to cable customers) to be collected and used for upgrading the channel's equipment. By initially leasing comprehensive digital technology from PSA for the channel, the City's Information Services (IS) Division was able to achieve the desired technology standards and resources savings, while getting qualified personnel to operate this emerging technology. Essentially, almost the same amount of resources are currently being expended to get a full system along with personnel to operate the channel as we formerly were spending just to get part-time videographers to produce recordings of City Council meetings. This also gives the City the needed time to collect the PEG fees and make system -wide decisions for the technology upgrades. Changes in Puget Sound Access — new leadership, staff, business model: Since 2008, significant changes have occurred within PSA, including their leadership, staffing, and business model, which helps dispel many of the past concerns regarding quality control, customer service, and the overall capabilities of PSA. Under their new leadership, PSA has acquired state-of-the-art technology and equipment, is the technology service provider for the Showare Center in Kent, provides production services for the T-Birds games, maintains and operates the City of Burien's cable channel, and has worked on several other local and regional projects. For the City of Renton they developed a comprehensive Video Technology Plan, and have produced several recent programs including the Mayor's State of the City address, grand - opening event for Duvall Avenue, Fourth of July celebrations, and Renton River Days. They have employed highly skilled staff and continue to improve the quality of their work and ensure high - quality customer service. cAdocuments and settings\jseth\local settings\temporary internet files\content.outlook\spsdk6fz\channel 21 psa contract issue paper 9-3- 09.doc Renton City Council Page 3 of 4 September 14, 2009 Key Benefits of Consultant Services Agreement with Puget Sound Access: Based on the above information and background, here are some of the benefits of having a contractual agreement with PSA to provide services to operate Channel 21. Most cost-effective option to operate Channel 21: With the reduced staff funding, the full -service contract with PSA provides the only option to continue to maintain the operations of Channel 21 with the current available funding. • Enhanced content and production: In addition to maintaining key programs such as City Council meetings, the service agreement identifies several additional shows and programs; coverage of significant events such as ribbon -cuttings, parades, press conferences, etc.; production of promotional commercials; and the opportunity for live shows with the Mayor and Council. • Brand consistency and graphic design upgrades: PSA will work with the City's design staff to create consistency with the City's brand and logo for the graphical or video slates. There will also be greater utilization of photos and images in conjunction with the video slates that provide announcements. • Updated programming and content schedule: PSA will create schedules of the channel's programming that will be regularly updated and promoted through the channel and website. • Partnerships: By pursuing partnerships with local media and community organizations, PSA will help expand Channel 21's content, will encourage our community's interest in our channel, and will provide an overall benefit to the Greater Renton community. • Technology: PSA brings updated digital technology to Channel 21 that will improve reliability, enhance the quality of our production, and provide greater integration with our other multi -media platforms. Timeline: May 2009 Staff evaluation and comprehensive Video Technology Plan for Channel 21 July 1, 2009 Council approves creation of the new Communications Division September 1, 2009 IS Division leases new cable technology and equipment for Channel 21 September 1- 14, 2009 Transition of equipment and programming to new equipment c:\documents and settings\jseth\local settings\temporary internet files\content.outlook\spsdk6fz\channel 21 psa contract issue paper 9-3- 09.doc Renton City Council Page 4 of 4 September 14, 2009 July 1, 2009 September 14, 2009 September 14, 2009 Conclusion Budget transfer of resources to Communications Division Transition of Channel 21 Programming Operations to Communications Division Council authorizes consultant services agreement with PSA to operate Channel 21 The Administration proposes an agreement between the City of Renton and PSA for consultant services related to the operation of Channel 21, as per the attached contract and scope of work for a total amount not to exceed the sum of $20,000 for 2009. The administration further requests the City Council to authorize an addendum to extend the agreement in 2010 for the same services for the operation of Channel 21, as per the attached contract and scope of work for a total amount not to exceed the sum of $30,000 for 2010, subject to mutual agreement by both parties. Cc Bonnie Walton, City Clerk Marty Wine Iwen Wang Larry Warren cAdocuments and settings\jseth\local settings\temporary intemet files\content.outlook\spsdk6fz\channel 21 psa contract issue paper 9-3- 09.doc CONSULTANT AGREEMENT (DRAFT) THIS AGREEMENT is made as of the day of , 20 , between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Puget Sound Access, hereinafter referred to as "CONSULTANT", for their services related to operation of Renton's government access cable Channel 21. The CITY and CONSULTANT agree as set forth below: 1. Scope of Services. The Consultant will provide all labor necessary to perform all work, which is described in the attached Scope of Services (Exhibit A). This Agreement and Exhibit herewith contain the entire agreement of the parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by written agreement of the parties. The scope of work may be amended as provided herein. 2. Changes in Scope of Services. The City, without invalidating the Consultant Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the work shall be authorized by written agreement signed by the City and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, the consultant will not proceed without a written authorization from the City. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. The Consultant shall complete performance of the Consultant Agreement for the items under Consultant's control in accordance with Exhibit A. If items not under the Consultant's control impact the time of performance, the Consultant will notify the City. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A, but no later than December 31, 2009. This Agreement may be extended by addendum, if required, upon mutual written agreement of the City and the Consultant. S. Consultant Agreement Sum. . The total amount of this Agreement is not to exceed the sum of $20,000 in 2009, and, in the event of an extension, $30,000 for the year 2010. Washington State Sales Tax is not required. The Cost Estimate provided by the Consultant to the City specifies total cost. 6. Method of Payment. Payment by the City for services rendered will be made after a voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. The City may terminate this contract for Page 2 cause with 30 days' written notice to Consultant. 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to the City, including records, files, computer disks, magnetic media, recordings, tapes, lists or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. Productions made for the City will be considered the property of the City and would be under the City's copyright. Notwithstanding the foregoing, Consultant acknowledges that the City of Renton, as a governmental entity, is subject to the Public Records Act, R.C.W. 42.56. S. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, 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 contractor and the city, its officers, officials, employees and volunteers, the contractor's liability hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 10. Insurance. The Consultant shall secure and maintain commercial liability insurance in the amount of $1,000,000 in full force throughout the duration of this Consultant Agreement. It is agreed that on the CONTRACTOR's policy, the City of Renton will be named as Additional Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary & Non -Contributory Additional Insurance Endorsement page, properly endorsed, shall be delivered to the City before executing the work of this agreement. Please note: The cancellation language should read that if the described policies are cancelled before the expiration date thereof, the issuing company will mail 45 days' written notice to the City. City of Renton Media Operations John Klockner 11:47 08/12/2009 253.479.0200 johnk@pugetsoundaccess.org Page 3 11. Independent Contractor. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this agreement, shall be considered employees of the Consultant only and not of the City. The Consultant's relation to the City shall be at all times as an independent contractor. Any and all claims that may or might arise under the Industrial Insurance Act (RCW Title 51) on behalf of said employees, while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. 12. Notices. All notices and requests shall be addressed to the City and the Contractor as follows: CITY: Communications Director City of Renton 1055 So. Grady Way Renton, WA 98057 (425) 430-6569 pshridhar0rentonwa.gov CONTRACTOR: Executive Director Puget Sound Access 22412 - 72nd Avenue South Kent, Washington 98032 (253) 479.0200 johnk@pugetsoundaccess.com 13. Compliance with Laws. The Consultant and all of the Consultant's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. Discrimination Prohibited: Consultant, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. This agreement is entered into as of the day and year written above. CONSULTANT John Klockner Puget Sound Access 22412 - 72nd Avenue South Kent, Washington 98032 CITY OF RENTON Denis Law, Mayor City of Renton Media Operations John Klockner 11:47 08/12/2009 253.479.0200 johnk@pugetsoundaccess.org Page 4 APPROVED AS TO LEGAL FORM: Lawrence J. Warren, City Attorney ATTEST: Bonnie I. Walton, City Clerk City of Renton Media Operations John Klockner 11:47 08/12/2009 253.479.0200 johnk@pugetsoundaccess.org Page 5 Exhibit A: Scope of Work This agreement covers operation of the City's Channel 21 and related support, maintenance, and administrative work. The objectives of this agreement are: • To inform and engage citizens in the governmental, civic, and cultural affairs of the City of Renton through the compelling use of television, Internet, and other media. • To improve the effectiveness of the City's media by making them more attractive, engaging, and informative. • To facilitate linkages among a variety of public and governmental information resources and to create opportunities for citizens to interact with their government and each other across a wide range of media platforms and outlets (e.g., Channel 77). This agreement covers the following tasks: 1. Channel 21 Operation and Production. The Contractor shall: • Use the video equipment as set out in contract , which contract is incorporated herein, by this reference, as if fully set forth. However, in the event the City obtains its own video equipment, Contractor shall use City's equipment. • Produce City Council meetings by: (1) Providing live video coverage of their sessions; and (2) Recording the proceedings for subsequent replay and archiving. (3) Provide staff as needed to support production and broadcast of Council meetings • Create original informational graphics, video recordings, and creative productions on various topics for the Channel in coordination with the City's Communications Director. These include but are not limited to: (1) Shows such as Council Conversations and Mayor's Moment (up to two [2] half-hour studio -based shows per quarter); (2) Graphical or video slates such as those that promote upcoming City - related events, announce the availability of City services, and that inform citizens of news about the community (about ten [10] per week up to a total of five hundred [500] slates per year) (3) Coverage of significant events such as ribbon cuttings, community meetings, grand -openings, parades, volunteer efforts, and press conferences (up to six [6] on -location half -day events per year); (4) Production of business development videos products and other media needed to promote the City (one [1] thirty-second commercial in 2009 and, in the event of an extension, one (1) thirty-second City of Renton Media Operations John Klockner 11:47 08/12/2009 253.479.0200 johnk@pugetsoundaccess.org Page 6 commercial per six -months in 2010; talent -related costs will be paid by the City under a separate agreement); (5) Creation of B-roll of Renton activities and environment (up to two (2) one -hour shoots for the year 2009, and up to four [4] one -hour shoots for the year 2010); and (6) Other productions that complement the City's communications plan (up to thirteen [13] hours per quarter). In collaboration with the City, the Contractor shall plan, direct, and coordinate all aspects of video production including writing, directing, operating studio and field equipment, editing, and performing other related on -site and off -site tasks. The Consultant will supply the required equipment and tapes in addition to manpower. As necessary, the Contractor shall also schedule, transport, and provide needed equipment, facilities, and production staffing. Such productions shall require advance City e-mailed notice of desired productions from the City's Communications Director and the Contractor's positive e-mailed confirmation. • Transform City selected historical and archival content into contemporary forms by digitizing, reformatting, or otherwise converting old photographs, tapes, disks, and other media. • Expand the Channel's content by facilitating the use of relevant content and materials from other agencies, entities, and organizations.. This may include locating, securing, converting, editing, loading, and scheduling such external content as necessary. • Create weekly Channel 21 content schedules and program videos, graphics, music, and other media to play automatically on the channel's automation equipment. • Require completion of the City of Renton video release form as directed by the City. 2. Websites. The City will provide Contractor with access as author to the City's Website so that the Contractor can maintain an up-to-date on-line publically accessible schedule to Channel 21's offerings. In addition the Contractor shall: • Develop and maintain a streaming media server and site, rentonmedia.org. This site shall support true media streaming of Adobe Flash and/or Windows Media. • Post copies of new Contractor -produced non -Council -meeting content on rentonmedia.org as necessary. • Transform existing City materials for use on rentonmedia.org (an average of one (1) transformation month). City of Renton Media Operations John Klockner 11:47 08/12/2009 253.479.0200 johnk@pugetsoundaccess.org Page 7 3. Branding and Marketing. The Contractor will help the City in its efforts to establish and promote its identity and reputation. The Contractor shall: • Incorporate the City's logo, visual styles, and other City branding design features into new Channel graphical, text, video, and other templates as necessary to better incorporate the channel into the City's overall marketing effectors and to improve the Channel's production efficiencies. • Design, create, and use slates, lower -thirds, crawls, and other textual and graphical elements and professional media techniques to increase public awareness, understanding, and appreciation of civic events, processes, and deliberations. 4. Strategic Support and Customer Service. The Contractor will help support activities related to the City's use of media. The Contractor shall: • Advise City, staff, and officials on media design, appearances, staging, etc. • Respond to City and public questions, complaints, and comments about the City's channel or programming. • Duplicate physical copies of media produced for the City (up to a total of two [2] copies of per Contractor produced content) • For records purposes provide the Clerk's office with two original copies of the video recording of the Committee of the Whole meeting, of the Council meeting each week, and any video production created for the City. • Consult with City on media equipment purchases and service contracts. • Participate in planning and other meetings regarding City communication. • Help negotiate cable and other media -related franchises as needed (e.g., IPTV). S. Technology. The Contractor will help the City embrace new technologies as they emerge and as they become financially viable for the City. The Contractor shall: • Integrate technology — e-mail, Internet chat, indexed video on demand, instant polling, wireless services, television, etc. — to promote civic engagement and participation. • Incorporate new City -purchased or City -leased technologies into the City's media production, distribution, and analytical environment. 6. Maintain Systems. The Contractor will help the City maintain its media equipment. The Contractor shall: • Maintain equipment in control room and in council room and inform the City of any necessary upgrades or repairs of City -owned system elements. The City City of Renton Media Operations John Klockner 11:47 08/12/2009 253.479.0200 johnk@pugetsoundaccess.org Page 8 shall acquire or reimburse the Contractor for acquiring parts or services needed to affect City -authorized repairs. • Troubleshoot problems with the channel. • Maintain any available automated channel monitoring system and respond to system or technical problems related to the Channel. 7. Partnerships. The Contractor shall help the City engage citizens, organizations, and businesses. The Contractor shall: • Pursue partnerships with local television and radio stations, high-tech companies and community and non-profit organizations to leverage operational, content and technical resources. • Operate its own community access channel to the benefit of the Greater Renton community. S. Evaluation. The Contractor will establish and maintain recordkeeping and evaluation processes that allow assessment of the operation of the City's channel. The Contractor shall: • Set measurable goals and conduct regular evaluations to measure and improve performance • Maintain records of channel operation (including a summarizing Annual Report) City of Renton Media Operations John Klockner 11:47 08/12/2009 253.479.0200 johnk@pugetsoundaccess.org CITY OF RENTON COUNCIL AGENDA BILL O / Al k: 0, no Submitting Data: For Agenda of: Dept/Div/Board.. Finance/Information Services September 14, 2009 Agenda Status Staff Contact...... George McBride, Information Services Consent .............. X Public Hearing.. Subject: Fiber Consortium Interlocal Agreement Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Study Sessions...... Issue Paper Information......... Addendum #48 to Fiber Optic Installation Projects Recommended Action: Approvals: Legal Dept......... X Council Concur Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... 0 Transfer/Amendment....... Amount Budgeted....... 0 Revenue Generated......... Total Project Budget 0 City Share Total Project.. JAI ►�\7`LIf Approval of a Fiber Optics Project Interlocal Agreement Addendum #48 that would add the City of Federal Way as a partner to the existing consortium partners for the sharing of fiber optic installation projects. By adding an additional partner to the consortium, the number of partners is increased, spreading future potential costs of getting fiber to the other valley cities and Valley Communications. There are no costs to the City for this project. Approve Interlocal Agreement Addendum #48 that adds the City of Federal Way to the existing consortium partners. H:\Finance\Council\01_AgendaBills\2009\2009_FO Interlocal Agreement48 Agenda Bill.doc tiY O FINANCE AND INFORMATION SERVICES & , DEPARTMENT ba M E M O R A N D U M DATE: September 4, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Iwen Wang, FIS Administrator �,IJ STAFF CONTACT: George McBride, ext. 6886 SUBJECT: Fiber Consortium Interlocal Agreement Addendum #48 ISSUE Should the City execute an Interlocal Agreement Addendum adding the City of Federal Way as a partner to the Fiber Consortium? RECOMMENDATION Staff recommends approval of Addendum #48 to the Fiber Optics Interlocal Agreement. BACKGROUND Several years ago the City joined the Fiber Consortium, a group of local government agencies comprised of local cities, hospitals, schools and utilities. The attached Fiber Optic Project Agreement Addendum #48 (FOPA) supplements the original agreement by adding the City of Federal Way to the Fiber Consortium as a partner. By adding valley cities to the consortium, the number of partners is increased, spreading future potential costs of getting fiber to the other valley cities and Valley Communications. There are no costs to the City for this project. Cc: Jay Covington, CAO Marty Wine, Assistant CAO George McBride, Information Services h:\finance\council\02_issuepapers_memos to council or mayor\2009_fiberinterlocal agreement #48 issue paper.doc ADDENDUM #48 GENERAL TERMS and CONDITIONS For Sharing of Fiber Optic Installation Projects WHEREAS, the City of Bellevue, the City of Kirkland, the City of Renton, the City of Auburn, the Lake Washington School District, the Renton School District, the Bellevue School District, the University of Washington, Bellevue Community College, Evergreen Hospital, and Seattle Public Utilities, (the Participating Agencies) have entered into the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and; WHEREAS, the City of Federal Way, desires to participate in the planned and future Fiber Optic Projects but cannot because it is not a Participating Agency subject to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and; WHEREAS, the current Participating Agencies desire to amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add the City of Federal Way as a Participating Agency for participation in the planned and future Fiber Optic Projects; NOW THEREFORE, the parties hereby agree as follows: 1) All terms in this Addendum shall have the same meaning as the defined terms in the General Terms and Conditions for Sharing of Fiber Optic Installation Projects. 2) City of Federal Way hereby acknowledges that it has read, understands and accepts the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, hereby incorporated by reference as if fully set forth, and agrees to be bound by them. 3) As provided in Section IX, paragraph N, the current Participating Agencies hereby amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add City of Federal Way as a Participating Agency, and City of Federal Way, by executing this agreement, consents to becoming a Participating Agency. is endum the IN WITNESS WHERoEOF the parties of Fiber Optic have lnstalt Insxecuted tallation Projects on theorespective General Terms and Condit dates indicated below. Approved as to Form: David Ramsay Date City Attorney City Manager, City of Kirkland Approved as to Form: Steve Sarkozy Date City Attorney City Manager, City of Bellevue Weldon Ihrig Executive Vice President University of Washington Date Barbara Posthumus Date Coordinator Business Services Lake Washington School District Tom Martin Chief Information Officer Evergreen Hospital Date Jack McLeod Date Director, Facilities and Information Services Bellevue School District Denis Law Mayor, City of Renton Date Stanley Morency Date Director of Information Services Renton School District 403 Approved as to Form: City Attorney Approved as to form: B. Jean Floten Date Assistant Attorney General President Bellevue Community College 2 William M. Schrier Chief Technology Officer City of Seattle Mayor, City of Auburn Date 505<� Ja k vey Date M , City o ederal Way Approved as to Form: City Attorney CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Finance & IS Department Staff Contact...... Iwen Wang, Administrator Subject: Utility Bill Leak Adjustment Exhibits: 1. Issue Paper 2. Owner's Request and Calculation Sheets 52 Al it: 0,0 ' For Agenda of: September 14, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $2,925.22 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Proiect Budget Citv Share Total Proiect.. SUMMARY OF ACTION: In accordance with Ordinance #5210 (Water Billing Adjustment for Water Leak), Finance staff submits to the Council's Finance Committee a request for a once in five year leak adjustment that exceeds $2,000. STAFF RECOMMENDATION: Approve the utility bill leak adjustment. X H:\Finance\Council\01_AgendaBills\2009\2009_Utility Leak Adjustment.doc FINANCE AND Ip INFORMATION SERVICES M E M O R A N D U M DATE: September 3, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: �L' Denis Law, Mayor FROM: Iwen Wang, FIS Administrator STAFF CONTACT: Elloyce Sumpter, Utility Billing Supervisor SUBJECT: Utility Bill Leak Adjustment Request for Boonma, LLC ISSUE Should an adjustment be made to Boonma LLC's utility bill as a result of a water leak? RECOMMENDATION Staff recommends approval of the adjustment in the amount of $2,925.22 in accordance with Ordinance #5210. BACKGROUND Finance received a request for a leak adjustment from Boonma LLC. Attached is their written request and documentation of the leaks along with their utility billing history. Choi's Plumbing replaced the line (see attached proposal). The requested adjustment covers two billing periods and breaks down as follows: Water $ 532.65 Sewer 702.72 Metro 1,689.85 Total $2,925.22 Ordinance #5210 provides that any adjustment will be submitted to the Finance Committee for approval on accounts greater than $2,000. Cc: Jay Covington, CAO Marty Wine, Assistant CAO Lys Hornsby, Utility Systems Director Linda Parks, Fiscal Services Director Cindy Zinck, Financial Services Manager Elloyce Sumpter, Accounting Supervisor h:\finance\council\02_issuepapers_memos to council or mayor\2009_utility bill leak adjustment. issue paper.doc Utility BiL ', Account History ListUser: dgirard Service Address: 104 RAINIER AV S Owner Name: Home Phone: BOONMA LLC x (425) 271-4219 Ext Ext� Business Phone: ( ) - Customer Name: BOONMA LLC / Customer Address: 104 AVE S REN O 1WA 98057-2044 �^ � _ - a � wwaci.reatanwa,us Reference Number: 250335 ? _ Account Status: Active Connect Date: 01/14/1963 Billing Cycle: 2 Account Number: 004941 000 Amount Due: 2,421.04 Parcel#: 1823059080 Route Number: 25 Sequence Number: 133090 Serial Number: 38925208 2,421.04 Sewer 0.00 Storm 0-00 0.00 peoa� Misc Metro +1��'bW tY unapp ca I Read Dt Reads Cons Date Type Amount Description Service Balance: Water 529.30 454.46 34.21 1,088.78 314."- 0.00 0.00 0.00 �6,141� Bal 2,421.04 529.30 454.46 34.21 1,088.78 314-29 07/02/2009 06/01/2009 5,894 247 54 07-15-09 07-15-09 Bit 2,421.04 529.30 454.46 34.21 1,088.78 314-'0 -238.04 31419 05/01/2009 5,840 36 07-09-09 Pay -811.81 -124.00 124.00 -101.27 101.27 -34.21 34.21 238.04 3t.419 04/01/2009 03/02/2009 5,804 5,771 33 31 06-15-09 06-15-09 Bal Bit 811.81 811.81 124.00 101.27 34.21 238.04 311429 02/02/2009 5,740 34 06-09-09 Pay -661.73 -86.20 86.20 -68.33 68.33 -34.21 34.21 -158.70 -y3129 158.70 t 01/02/2009 12/02/2008 5,706 5,679 27 29 05-15-09 OS-15-09 Bal Bit 661.73 661.73 86.20 68.33 34.21 158.70 .„ „__, -143.26 11/03/2008 5,650 36 05-07-09 Pay -633.58 -79.90 79.90 -61.92 61.92 -34.21 34.21 143 26 10/O1/2008 09/02/2008 5,614 5,576 38 67 04-15-09 04-15-09 Bal Bit 633.58 633.58 79.90 61.92 34.21 143-W il4 -13444 08/04/2008 5,509 68 55 04-02-09 Pay -616.90 -75.70 75.70 -58.26 58.26 -34.21 34.21 '`M4.29E 1`34.44. 34 ;2�3 07/01/2008 06/01/2008 5,441 5,386 49 03-15-09 03-15-09 Bal Bit 616.90 616.90 . 75.70 58.26 34.21 ` = 14�9' 05/01/2008 5,337 42 02-24-09 Pay -641.92 -82.00 82.00 -63.75 63.75 -34.21 34.21 -147 147-67' 04/02/2008 03/04/2008 5,258 5,258 37 41 02-15-09 02-15-09 Bal Bit 641.92 641.92 82.00 63.75 34.21 1471 J 11 -= 02/01/2008 5,217 98 02-04-09 01-15-09 Pay Bal -482.47 482.47 -64.37 64.37 64.37 -48.99 48.99 48.99 -34.21 34.21 34.21 -100 100-91±l 100 O1/14/2008 01/02/2008 5,11.9 4,988 4,775 131 213 135 01-15-09 Bit 482.47 rug -108 `� 12/04/2007 12-29-08 12-15-08 Pay Bal -497.63 497.63 -68.39 68.39 -52.51 52.51 52.51 -34.21 34.21 34.21 t+ 108� 1 11/01/2007 4,640 4,526 73 41 45 12-15-08 Bit 497.63 68.39 9/04/2007 09/04/2007 4,526 12-02-08 Pay -550.69 -82.46 82.46 -64.83 64.83 -34.21 34.21 -135 it r + 13i. ' 08/01/2007 07/03/2007 4,481 4,444 37 41 11-15-08 11-15-08 Bal Bit 550.69 550.69 82.46 64.83 34.21 135 1�; 06/01/2007 4,403 38 11-04-08 Pay -565.85 -86.48 86.48 -68.35 68.35 -34.21 34.21 -14 1 n �� 05/01/2007 04/02/2007 4,365 4,334 31 37 10-15-08 10-15-08 Bal Bit 565.85 565.85 86.48 68.35 34.21 -34.21 142 >.:,. -25 ` 03/01/2007 4,297 32 09-30-08 Pay -785.67 -144.77 -119.39 .2 h a 02/01/2007 4,265 33 09-15-08 Bal 785.67 144.77 144.77 119.39 139 34.21 34.21 ;. 01/02/2007 4,232 4,196 36 28 09-15-08 09-10-08 Bit Pay 785.67 -793.25 -146.78 -1291.15 -34.21 s,y 25 12/01/2006 11/02/2006 4,168 36 08-15-08 Bal 793.25 146.78 121.15 34.21 34.21 10/02/2006 4,132 38 08-15-08 Bit 793.25 146.78 -229.24 121.15 -151.27 963.43 09/01/2006 08/01/2006 4,094 4,056 38 08-01-08 07-18-08 Pay AdJ -380.51 Interfund Transfer -34.71 -68.42 - � � �f :ie -- .. - ---- r :-, im1')a1'1MO - 1 n•SF AM) 1055 S Grady 07/27/2009 11:42 ­1 Choi's 1632 IS 95TH S7 Journeyman . Pipe Fitter TACOMA, 'JVA 98444 13onded. Insured (yicer_se ;CHOI . 953.08 TEL 253) 227 - 52;26 FAX 253) 538 - 0286 Proposal Submitted to Work to be performed at Name: Name, Royal Orchid corporation Street: Street' 104 Rainier Ave So State: State= Renteon. WA 980E5 Tel= Date: July 27. 2009 Fax: v+9 hereby propove to Finish all the tabor necessary for the como!etion of NAME Plumbing work Underground Piping Water meter - Indoor bold water) Total $ 7.0*0,00 Tax 9.3% $ 01.00 Total $ 7051.00 All materials in guaranteed to be as specified and above work to be Derformed In r, ccordence withdrewing and specifications submitted for above work payments to be made as follows Any alteration or deviation from above specifications involving extra c ±st wiA be ex+lfcted only upon write orders and will psoorris extro, charge over and above the estimate. rtto ofingaint,u M rlftrl ga, Agoldonte or Mays beyond our control. Ownem to cilny Ike, c �e Ndte�thl� l�f'I�R�di f��., The ab®ve 'prloa, �r aerfi� You are authorized to do tit Work will bo done up to tha from the restaurant's final li Date: 7 / t 7 /Qq Accepted � a r' by u t �Ot Aiiiit4i Within _days sr���taianca �1 i�r-�aAoeat 190MCIIVMO W* .eatl#ljctory And ass h .era by a.at opted, + �pftitied. Payments Will tie m6de. as outline laelow. ro'Calved. 11 final payment Is not reeefved with 'n16 deya i a lien Will be places. Singneture: r' by u t �Ot Aiiiit4i Within _days sr���taianca �1 i�r-�aAoeat 190MCIIVMO W* .eatl#ljctory And ass h .era by a.at opted, + �pftitied. Payments Will tie m6de. as outline laelow. ro'Calved. 11 final payment Is not reeefved with 'n16 deya i a lien Will be places. Singneture: Utility Adjustment ❑Residential ❑ Non -Residential ❑ MTF Service Address: ❑ Irrigation Adjustment Type: ❑ Regular (6) ❑ Refund (4) ❑ NSF (3) ❑ Remove Penalty (6) liU/[J [c rco �+••��w• ] h. S Date: VY!7c,Water 9 ❑ Inside $ Customer: ❑ Outside $ Reference: A,57633 Sewer iCQ 72 Comments: �' e ��� K Storm $ Metro p O b'' Garbage -1st code $ 2nd code $ Penalty $ Misc $ U/C $ Total Adjustments B A repared B P Y Approved Y N Utility Billing Account History ListUser: carolb Service Address: 104 RAINIER AV S Owner Name: BOONMA LLC Home Phone: (425) 271-4219 Ext Business Phone: (206) 307-5093 Ext yV Customer Name: BOONMA LLC Customer Address: 104 RAINIER AVE S RENTON, WA 98057-2044 Date Type Amount Description Service Balance: C 4,950.48 0.00 Water Sewer Storm Metro Penalty 1,085.90 932.71 68.42 2,234.97 pip 08-15-09 08-15-09 Bal Bil 4,950.48 2,529.44 1,085.90 5 6c60 932.71 �478 "' ` 68.42 _ 234.87 07-15-09 07-15-09 Bal Bil 2,421.04 2,421.04 529.30 454.46 34.21 34.21 a1 -234 1,088.78 07-09-09 Pay -811.81 52913]r -124.00 `45*46= 34.21 vi4.08.8-78m 06-IS-09 06-15-09 Bal Bil 811.81 811.81 124.00 -101.27 101.27 -34.21 34.21 -238.04 238.04 06-09-09 05-15-09 Pay Bal -661.73 3k24 0010/279 -86.20 -68.33 34.212_8x(t -34.21 U* 05-15-09 Bil 661.73 661.73 86.20 68.33 34.21 158.70. .- 05-07-09 Pay -633.58 86.20 -79.90 68.33 34.21 158.70 04-15-09 04-15-09 Bal Bil 633.58 633.58 79.90 -61.92 61.92 -34.21 34.21 -143.26 143-26 04-02-09 Pay -616.90 7 -755..7700 .26 34.21 143.26 s 03-15-09 03-15-09 Bal Bil 616.90 616.90 75.70 75.70 -58. 58.26 58.26 -34.21 34.21 -134.44 134.4 `2-24-09 Pay -641.92 -82.00 34.21 134.4t4: 2-15-09 02-15-09 Bal Bil 641.92 82.00 -63.75 63.75 -34.21 34.21 -147.67 147.6i,, 02-04-09 Pay 641.92 -482.47 82.00 63.75 34.21 1471611. 01-15-09 01-15-09 Bal Bil 482.47 -64.37 64.37 -48.99 48.99 -34.21 34.21 -100.90 100.9%Y' 12-29-08 Pay 482.47 -497.63 64.37 48.99 34.21 10o6i 12-15-08 Bal 497.63 -68-39 68.39 -52.51 52.51 -34.21 -108 12-15-08 12-02-08 Bil Pay 497.63 -550.69 6839 5251 34.21 34.21 108.5Z , 108.5"i A 11-15-08 Bal 550.69 -82.46 82.46 -64~8 64.83 -34.21 -13519s 11-15-08 11-04-08 Bil Pay 550.69 -565.85 8 34.21 34.21 135 1, 135.I9ary 10-I5-08 Bal 565.85 -86A8 .4$ 86.48 -"b835 68.35 -34.21 -142.&��;r`~;zt k 10-15-08 09-30-08 Bil Pay 565.85 67 8 . 68.35 34.21 34.21 1421111� 153 09-15-08 Bal -785: 785.67 -144 .77 -11939 -34.21 -23{€':� 09-15-08 Bil 785.67 1`4•n 11939 1 34.21 253 09-10-08 08-15-08 Pay -793.25 -14 146.77 .78 -12L-15 _DS 34.21 -34.21 2533d91 � 08-15-08 Bal Bil 793.25 793.25 146.78 121.15 34.21 257 i111 146.78 121.15 34.21 25 - W UB AccountHistoryLisf (0r20/2009 = `2:04.PM "' r � 1055 S Grad .:W rh i 1 1 i+ y • al Misc unapp 4 0.00 0.1 CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: For Agenda of: Dept/Div/Board.. Fire & Emergency Services September 14, 2009 Department/Emergency Management Staff Contact...... Deborah Needham, x 7027 Agenda Status Emergency Management Director Consent .............. Public Hearing.. Subject: FEMA-1825-DR-WA Public Assistance Agreement and Correspondence.. Amendment Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... FEMA 1825-DR-WA Information......... Amendment to FEMA 1825-DR-WA Recommended Action: Council Concur X Approvals: Legal Dept......... X Finance Dept...... Other...... Risk Management X Fiscal Impact: Expenditure Required... $0.00 Transfer/Amendment....... $0.00 Amount Budgeted....... $0.00 Revenue Generated......... TBD Total Project Budget N/A City Share Total Project. SUMMARY OF ACTION: The City of Renton experienced damages during the storm period of DecembeIr 12, 2008 to January 5, 2009. The Washington State Military Department, under leadership of the Federal Emergency Management Agency (FEMA), provides public assistance to entities that experienced non-insured damages during declared states of disaster. The City is able to collect 75 percent or more of eligible non -insurance covered damages sustained during this period through this public assistance grant. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign and execute the Washington State Military Department's Public Assistance Grant Agreement FEMA-1825-DR-WA and amendment. FIRE &EMERGENCY SERVICES DEPARTMENT D ciryor M E M O R A N D U M DATE: September 14, 2009 TO: Randy Corman, Council President Members of the City Council VIA: , C/ Denis Law, Mayor �L FROM: I. David Daniels, Fire Chief/Emergency Services Administrato STAFF CONTACT: Deborah Needham, Emergency Management Director SUBJECT: FEMA-1825-DR-WA Public Assistance Agreement and Amendment ISSUE The City of Renton experienced damages during the storm period of December 12, 2008 to January 5, 2009. The City is able to collect 75 percent or more of eligible non - insurance covered damages sustained during this period through a public assistance grant. RECOMMENDATION Staff recommends that the City of Renton Council concur and authorize the Mayor and City Clerk to sign and execute the Washington State Military Department's Public Assistance Grant Agreement FEMA-1825-DR-WA and amendment. BACKGROUND The Washington State Military Department, under leadership of the Federal Emergency Management Agency (FEMA), provides public assistance to entities that experienced non-insured damages during declared states of disaster. The City of Renton experienced such damages during the declared time frame and would like to receive reimbursement of 75 percent for these damages from FEMA. In addition, there is an amendment to the agreement that specifies the state portion is 12.5 percent of the remaining 25 percent of the total damages. The end result is that the City will only have to pay 12.5 percent of the damages incurred during this storm. CONCLUSION The City of Renton would benefit from the approval of the Washington State Military Department's Public Assistance Grant Agreement FEMA-1825-DR-WA and amendment. Washington State Military Department PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET 1. Applicant Name and Address: 2. Total Project Amount: 3. Grant Number: City of Renton To be determined, based upon D09-458 approved project worksheets 4. Applicant Agent, phone number: 5. Grant Start Date: 6. Grant End Date: March 2, 2009 March 1, 2013 7. MD Program Manager/phone number: 8. Data Universal Numbering System 9. UBI # (state revenue): Gerard Urbas, (253) 512-7402 (DUNS): 10. Funding Authority: Washington State Military Department (the "Department"), and Federal Emergency Management Agency (FEMA) 11. Funding Source Agreement #: 2. Program Index # 13. Catalog of Federal Domestic Asst. (CFDA) 14. TIN or SSN: FEMA-1825-DR-WA 94YC/794YD F792YE # & Title: 97.036, Public Assistance 91 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): th King County Certified?: X N/A [I NO (BY CONGRESSIONAL DISTRICT): th ❑ YES, OMWBE # 18. Contract Classification: 19. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type (check all that apply) X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non -Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ONO 1 ❑ VENDOR O SUBRECIPIENT X OTHER 22. BRIEF DESCRIPTION: Presidential Disaster Declaration # FEMA-1825-DR-WA—Severe Winter Storm and Record and Near Record Snow: To provide funds to the Applicant for the repair or restoration of damaged public facilities as approved by the reaerai Emergency management Agency in project worksheets describing eligible scopes of work and associat( funding, which are incorporated herein by this reference. IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement, exhibits, references and attachments hereto and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Conditions, Federal and State Requirements and Assurances, and any other attachments or references govern the rights and obligations of both parties to this Grant Agreement. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s) 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the contract incorporated by reference. This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: Signature James M. Mullen, Director Emergency Management Division Washington State Military Department APPROVED AS TO FORM: Sara J. Finlay (signature on file) 2/6/2009 Assistant Attorney General Date Signature Date print or type name: APPROVED AS TO FORM: Applicant's Legal Review Date Public Assistance Grant Agreement-2/09 Page 1 of 15 City of Renton D09-458 SPECIAL TERMS AND CONDITIONS ARTICLE I — COMPENSATION SCHEDULE FUNDING The DEPARTMENT will administer the Public Assistance Grant Program and reimburse approved eligible Public Assistance costs to the APPLICANT that are identified under the auspices of Presidential Emergency Declaration Number FEMA-1825-DR-WA and authorized by and consistent with the Stafford Act (P.L. 93-288, as amended) and applicable regulations. It is understood that no final dollar figure is committed to at the time that this Grant Agreement is executed, but that financial commitments will be made by amendments to the project application as Project Worksheets are completed in the field and projects are authorized by state and federal officials. See Attachment #1-Project Worksheet sample. Pursuant to the FEMA-STATE AGREEMENT, the Federal Emergency Management Agency (FEMA) will contribute 75 percent of the eligible costs for any eligible project and 100 percent of the administrative costs, as provided for in subsection 3.D. of Article I. The APPLICANT will commit to the remaining 25 percent non-federal match to any eligible project that has been identified under the Presidential Disaster Declaration number FEMA-1825-DR-WA, subject to the following exception: Donated Resources: FEMA will credit an APPLICANT for the value of certain volunteer labor, donated equipment, and donated materials used in the performance of eligible emergency work — categories A and B, referred to as Donated Resources. The Donated Resources are recognized by FEMA in a Project Worksheet. Donated Resources offset the non-federal share of the eligible emergency work approved in Project Worksheets. For non -state agency applicants, the donated resource value will first be applied to the APPLICANT's non-federal share, and any remaining donated resource value will be applied to the DEPARTMENT's share. The value of the Donated Resources are calculated as described in FEMA Policy 9525.2, and are capped at the non -Federal share of approved eligible emergency work costs. The Federal share of the Donated Resources will not exceed the non-federal share of eligible emergency work costs approved in Project Worksheets. Any excess credit can be credited only to other eligible emergency work costs, for the same APPLICANT in the same disaster. The value of excess donated resources cannot be credited toward or transferred to another eligible APPLICANT, or toward other State obligations. See Attachment #1 — Project Worksheet sample. 2. GRANT AGREEMENT PERIOD Activities payable under this Grant Agreement and to be performed by the APPLICANT under this Grant Agreement shall be those activities which occurred during or subsequent to the incident period defined in the FEMA-State Agreement, and shall terminate upon completion of the project(s) approved by federal and state officials, including completion of close-out and audit. This period shall be referred to as the "Grant Agreement Period." 3. PAYMENTS The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from FEMA, shall issue payments to the APPLICANT in compliance with the Washington State Public. Assistance Applicant Manual procedures as follows: A. Small Project Payments: Payments are made for all small projects to the APPLICANT upon submission and approval of an A19-1A State of Washington Invoice Voucher to the DEPARTMENT, after FEMA has approved funding through approval of Project Worksheets. B. Progress Payments: Progress payment of funds for costs already incurred on large projects minus 10 percent retainage may be made to the APPLICANT upon submission by the APPLICANT of an A19-1A State of Washington Invoice Voucher, a letter of request, and a spreadsheet identifying the claimed costs supporting the payment request and approval by the DEPARTMENT. Public Assistance Grant Agreement-2/09 Page 2 of 15 City of Renton D09-458 C. Improved Projects: Payments on improved projects will be pro -rated based upon the percentage of the project that is funded under this disaster grant to the overall project cost. This .percentage will be identified when the first payment on the improved project is made. Progress payments will be made as outlined above in Section B. D. Final Payment: Final Payment on a large project will be made following submission by the APPLICANT of a certification of completion on the STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form upon completion of project(s), completion of all final inspections by the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include any retainage withheld during progress payments. Final payments may also be conditional upon financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditor's Office, the United States Inspector General or other federal or state agency. E. The APPLICANT is eligible to receive $100 for federal indirect costs, upon completion and closure of the disaster grant. Documentation of costs involved with attending applicant briefing, kick off meeting, and the exit meeting should be retained in the APPLICANT's files to support federal indirect cost reimbursement. F. All payment requests shall be made on an A19-1A form, State of Washington, Invoice Voucher. Payments will be made by electronic fund transfer to the APPLICANT's account. G. Federal funding shall not exceed the total federal contribution eligible for Public Assistance costs under Presidential Disaster Declaration number FEMA 1825-DR-WA. H. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures, transfer ,payment to the APPLICANT. Payment will be transferred by journal voucher to Agency No..... EN � Accounting Fund No ARTICLE II — DOCUMENTATION The APPLICANT is required to retain all documentation which adequately identifies the source and application of Public Assistance funds, including the federal indirect cost reimbursement, for six years following the closure of this disaster grant. For all funds received, source documentation includes adequate accounting of actual costs and recoveries incurred. ARTICLE III - QUARTERLY REPORTS The APPLICANT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their large projects. The status shall identify the costs incurred to date, the percentage of work completed, the anticipated completion date of the project and whether cost under runs or over runs are expected. In addition, the APPLICANT should note in the comment field any challenges or issues associated with the project. Failure to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of all payments to the APPLICANT until a complete quarterly report is received by the DEPARTMENT. ARTICLE IV — TIME EXTENSIONS A time extension request is required to be forwarded to the DEPARTMENT by the APPLICANT for a project prior to the expiration of the approved completion date. If the project is approved and funded after the statutory approval time period for completion, then a time extension request must be submitted to the DEPARTMENT within fifteen days of receipt of the funding package. A time extension request must be in writing and identify the project worksheet number, the reason the project has not been completed within the prior approved completion period, a current status of the completion of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date for the completion of the remaining work. Failure to submit a time extension request in a timely manner will result in denial of the time extension and loss of funding for the related project. ARTICLE V - CLOSE-OUT To initiate close-out, the APPLICANT is required to certify in writing, by Project Worksheet Number, date completed and total amount expended on the project, completion of the small projects. To initiate close-out of Public Assistance Grant Agreement-2/09 Page 3 of 15 City of Renton D09-458 the large projects, the APPLICANT shall submit certification of completion on a STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT. The DEPARTMENT will then complete a site inspection and a financial review of documentation to support the limed costs. Certifications on small and large projects are due within sixty days following the completion of project or receipt of the approved Project Worksheet, whichever date is later. After all of the projects have been certified as complete and approved for closure by FEMA, the DEPARTMENT will forward a final A19-1A State of Washington Invoice Voucher to the APPLICANT for release of the remaining funds due to the applicant for eligible costs, including any retainage previously withheld. ARTICLE VI — KEY PERSONNEL The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing. APPLICANT: DEPARTMENT: Name: Staff name: Gerard Urbas Title: RIMINI'-E3 ,,-W �" Title: Deputy State Coordinating Officer Public Assistance E-mail address ��,.�z E-Mail: g.urbas@emd.wa.gov Phone Number .. r _, , ., ��� ����� � Phone Number: (253) 512-7402 ARTICLE VII - ADMINISTRATIVE REQUIREMENTS A. The APPLICANT shall comply with the following OMB Circulars as applicable to their organization: Cost Principles o OMB Circular A-87, as revised, Cost Principles for State, Local and Indian Tribal Governments. OMB Circular A-87 and program regulations will be used to determine costs for nonprofit hospitals funded under FEMA grants. o OMB Circular A-21, as revised, Cost Principles for Educational Institutions o OMB Circular A-122, as revised, Cost Principles for Non -Profit Organizations Administrative Requirements o OMB A-102, as revised, Grants and Cooperative Agreements with State and Local Governments o OMB A-110, as revised, Grants and Cooperative Agreements with. Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations Audit Requirements o OMB A-133, as revised, Audits of States, Local Governments, and Non -Profit Organizations B. The APPLICANT will comply with the federal regulations in 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, and 206, and the state requirements in the Washington State Public Assistance Applicant Manual, dated March 2009. C. Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is administered by the DEPARTMENT. Under the authority of Presidential Disaster Declaration number FEMA 1825-DR-WA, the DEPARTMENT is reimbursing the APPLICANT for those approved eligible costs and activities necessary under the Public Assistance Grant Program during the incident period December 12, 2008 to January 5, 2009. Eligible costs and activities will be identified in Project Worksheets approved by FEMA. Public Assistance Grant Agreement-2/09 Page 4 of 15 City of Renton D09-458 Exhibit A Washington State Military Department GENERAL TERMS AND CONDITIONS Assistance Grants A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Applicant" shall mean a state agency, local government, tribal government, special purpose district, or an eligible private nonprofit organization submitting an application to the Governor's Authorized Representative for disaster recovery assistance. c. "Applicant Agent" shall mean the official representative and alternate designated or appointed by the Applicant and authorized to make decisions on behalf of the Applicant. d. "Grantee" shall mean the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this Grant Agreement, the state is the Grantee. The Grantee and the DEPARTMENT are one and the same. e. "Monitoring Activities" shall mean all administrative, construction, financial, or other review activities that are conducted to ensure compliance with all state and federal rules, authorities or policies. d. "Subgrantee" shall mean the government or other eligible legal entity to which a subgrant is awarded and which is accountable to the Grantee for the use of the funds provided. The Subgrantee and Applicant are one and the same. e. "Project" shall mean those actions funded through the Public Assistance Program and described in approved Project Worksheets. Projects may include one or more of the following: reimbursement of costs for emergency response, debris removal and/or repair or restoration of damaged public facilities. A project may be a small, large, improved, or alternate project. f. "PL" — is defined and used herein to mean the Public Law. g. "CFR" — is defined and used herein to mean the Code of Federal Regulations. h. "OMB" — is defined and used herein to mean the Office of Management and Budget. i. "WAC" — is defined and used herein to mean the Washington Administrative Code. j. "RCW" — is defined and used herein to mean the Revised Code of Washington. A.2 RECORDS AND REPORTS a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the APPLICANT's contracts, contract administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement. b. The APPLICANT's records related to this Grant Agreement and the projects funded hereunder may be inspected by the DEPARTMENT or the Director, or their designees, by designees of the Office of the State Auditor, the Federal Emergency Management Agency or their designees, or the Comptroller General of the United States or their designees or by other federal officials authorized by law, for the purposes of determining compliance by the APPLICANT with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the subject Grant Agreement. c. The records shall be made available by the APPLICANT together with suitable space for such inspection at any and all times during the APPLICANT's normal working day. d. The APPLICANT shall retain all records and allow access related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement. A.3 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the Public Assistance Grant Agreement-2/09 Page 5 of 15 City of Renton D09-458 acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.4 AMENDMENTS AND MODIFICATIONS The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the DEPARTMENT and the APPLICANT. A.5 TERMINATION AND OTHER REMEDIES a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its obligations under this Grant Agreement or if the APPLICANT shall violate any of its covenants; agreements, or stipulations of this Grant Agreement, the DEPARTMENT shall thereupon have the right to terminate this Grant Agreement and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the APPLICANT describing such default or violation. b. Notwithstanding any provisions of this Grant Agreement, either party may terminate this Grant Agreement by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c. Reimbursement for APPLICANT services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination shall be as the DEPARTMENT reasonably determines. d. The DEPARTMENT may unilaterally terminate all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. A.6 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The APPLICANT and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. A.7 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. To the extent allowed by law, the APPLICANT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the APPLICANT, its subcontractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. To the extent allowed by law, the APPLICANT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the APPLICANT, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, or APPLICANT's agents or employees. Public Assistance Grant Agreement-2/09 Page 6 of 15 City of Renton D09-458 Insofar as the funding source, the Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non -liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on th( part of a federal agency or an employee of the federal government in carrying out the provisions of thy: Stafford Act. A.8 ACKNOWLEDGMENTS The APPLICANT shall include language which acknowledges the funding contribution of the DEPARTMENT and FEMA to this project in any release or other publication developed or modified for, or referring to, the project. A.9 APPLICANT NOT EMPLOYEE The APPLICANT, and/or employees or agents performing under this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The APPLICANT will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the APPLICANT make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the APPLICANT is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement. A.10 NONDISCRIMINATION The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. A.11 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The APPLICANT is encouraged to utilize business firms that are certified as minority -owned and/or women -owned in carrying out the purposes of this Grant Agreement. The APPLICANT may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.12 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.13 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington. The APPLICANT, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.14 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any Public Assistance Grant Agreement-2/09 Page 7 of 15 City of Renton D09-458 ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. 15 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.16 RECAPTURE PROVISION In the event the APPLICANT fails to expend funds in accordance with federal, state, or local law and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the APPLICANT of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees. A.17 RECOVERY OF FUNDS Any person who intentionally causes a condition for which Public Assistance is provided under this Grant Agreement shall be liable for the costs incurred by the state and federal governments in responding to such disaster. The APPLICANT will cooperate in a reasonable manner with the DEPARTMENT and the United States in efforts to recover expenditures under this Grant Agreement.. A.18 DUPLICATION OF BENEFITS The APPLICANT agrees that the Public Assistance funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same loss from any other source. The APPLICANT will pursue full payment of eligible insurance benefits for properties covered in a project under this Grant Agreement. The APPLICANT will repay any Public Assistance that is duplicated by other benefits, funds, or insurance proceeds. A.19 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.20 NOTICES The APPLICANT shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.22 RESPONSIBILITY FOR PROJECT While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phases are applicable to this project, is solely that of the APPLICANT, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Public Assistance Grant Agreement-2/09 Page 8 of 15 City of Renton D09-458 Prior to the start of any construction activity, the APPLICANT shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the APPLICANT in connection with the project. The APPLICANT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. §§ 5170b & 5173, and to the extent allowed by law, if debris removal is authorized, the APPLICANT agrees to indemnify and hold harmless the state of Washington and the United States of America for any claims arising from the removal of debris or wreckage for this disaster. The APPLICANT agrees that debris removal from public and private property will not occur until the landowner grants the APPLICANT the right to enter and signs an unconditional authorization for the removal of the debris. A.23 HAZARDOUS SUBSTANCES The APPLICANT shall inspect and investigate the proposed develop me nt/co n stru ction site for the presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the results of its inspection and investigation and all other knowledge the APPLICANT has as to the presence of any hazardous substances at the proposed development/construction project site. The APPLICANT will be responsible for any associated clean-up costs as a result of the inspections. "Hazardous Substances" are defined in RCW 70.105D.020 (10). A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The APPLICANT represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the.APPLICANT's performance under this Grant Agreement. To the extent allowed by law, the APPLICANT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the APPLICANT to so comply. A.25 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this Grant Agreement, the APPLICANT certifies that the APPLICANT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. If requested by the DEPARTMENT, the APPLICANT shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT for this Grant Agreement shall be incorporated into this Grant Agreement by reference. Further, the APPLICANT agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs." A.26 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal APPLICANTS expending financial assistance of $500,000 or more in federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non -Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal APPLICANTS that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available at: http://www.whitehouse.gov/omb/circulars/index.html. Public Assistance Grant Agreement-2/09 Page 9 of 15 City of Renton D09-458 APPLICANTS required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GARS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The APPLICANT has the responsibility of notifying the State Auditor's Office and requesting an audit. Costs of the audit are allowable grant expenditures if the grant has not been closed. The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients also maintain auditable records. The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its subrecipients. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The APPLICANT must respond to DEPARTMENT requests for information or corrective action concerning audit issues within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the APPLICANT all disallowed costs resulting from the.audit. Once the single audit has been completed, the APPLICANT must send a full copy of the audit to the DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The APPLICANT must send the audit and the letter no later than nine (9) months after the end of the APPLICANT'S fiscal year(s) to: Accounting. Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any audit findings and a copy of the management letter, if one was received. The APPLICANT shall include the above audit requirements in any subcontracts. 27 PROJECT MANAGEMENT AND SUBGRANTEE MONITORING The DEPARTMENT and the APPLICANT must conduct and monitor grant activities to confirm compliance with applicable Federal requirements and the requirements and special conditions of an approved project. The APPLICANT agrees to: a. Assist in the preparation and writing of the Project Worksheets. b. Comply with all funding conditions of an approved project. c. Provide financial documentation to support requests for payments. d. Maintain records and documentation that adequately identify and directly support a project's eligible costs to the approved project worksheet. Pro -rate or percentage costs are not eligible for reimbursement. e. Cooperate with and participate in any scheduled or unscheduled monitoring or evaluation activities conducted by the DEPARTMENT or FEMA that are pertinent to this Grant Agreement or an approved Project Worksheet. f. Provide the DEPARTMENT with all documentation required to complete evaluations of eligible costs, and provide additional documentation that the DEPARTMENT or FEMA may request as a result of a monitoring visit, review and other or further evaluation of supporting financial documentation and/or reports. If requested documentation is not provided, all costs associated with the project may be determined to be ineligible. g. Submit a request for time extension not later than two weeks before a project's deadline. h. Notify the DEPARTMENT and request and receive approval for an alternate project prior to beginning construction. Failure to do so may jeopardize funding approval. i. Notify the DEPARTMENT and request and receive approval for an improved project prior to starting construction. Failure to do so may jeopardize funding approval. k. Immediately notify the DEPARTMENT if hidden damages are discovered, a change order is required, or the scope of work changes in an approved project. I. Submit quarterly reports to the DEPARTMENT. Public Assistance Grant Agreement-2/09 Page 10 of 15 City of Renton D09-458 m. Submit project completion certifications as required for small, large, alternate, or improved projects. The DEPARTMENT agrees to: a. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will coordinate and schedule the meetings necessary to conduct and complete all monitoring anc evaluation activities. b. Develop the APPLICANT's Project Worksheet(s) (PW) with FEMA and the APPLICANT's assistance based upon the eligible damages. c. Provide the APPLICANT with a copy of the approved Project Worksheet. d. Conduct site visits during a large project's construction. e. Regularly review the APPLICANT's financial documentation to confirm compliance with state and federal rules, authorities, and policies. f. Notify the APPLICANT when funding approval is received and issue payment per the process described in Article I, #3 — Payments of the Special Terms and Conditions. Large project final funding will include all costs determined to be eligible based upon the evaluation and review of the APPLICANT's financial documentation. g. Work with the APPLICANT to resolve any issues identified during the monitoring process. h. Review and respond appropriately to the APPLICANT's requests for time extensions and changes to an approved project. A.28 SUBCONTRACTING The APPLICANT shall use a competitive procurement process in the award of any contracts with contractors or subcontractors that are entered into under the original contract award. The procurement process followed shall be in accordance with Part 13 of 44 CFR, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments or with OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the APPLICANT. As required by Section 694 of the "Post -Katrina Emergency Management Reform Act" (P.L. 109-295), which amended section 307 of the Stafford Act, 42 U.S.C. 5150, contracts or agreements with private organizations, firms or individuals for debris clearance, distribution of supplies, reconstruction, and other major disaster assistance activities, shall be awarded to those organizations, firms and individuals residing or doing business primarily in the geographical area affected by the disaster, to the extent feasible and practicable. Such contracts or agreements with private organizations, firms, or individuals, not residing or doing business primarily in the geographical area affected by the declared disaster shall be justified in writing in the APPLICANT's contract file. Contracts in place prior to a declaration should be transitioned to such local organizations, firms or individuals unless the head of the APPLICANT organization determines that it is not feasible or practicable. This determination must be documented in the APPLICANT's contract file. The transition requirement should not be construed to require an APPLICANT to breach an existing contract. All subcontracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference. A.29 PUBLICITY The APPLICANT agrees to submit to the DEPARTMENT all advertising and publicity matters relating to this Grant Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The APPLICANT agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The APPLICANT may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA's financial support, by grant number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. Public Assistance Grant Agreement-2/09 Page 11 of 15 City of Renton D09-458 A.30 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The APPLICANT must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.31 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the APPLICANT. A.32 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the APPLICANT's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT. However, the parties acknowledge that the DEPARTMENT, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public Records Act. A.33 LIMITATION OF AUTHORITY — Authorized Si nq ature Only the assigned Authorized Signature for the DEPARTMENT and the Authorized Signature or the assigned Applicant Agent or Alternate for the APPLICANT, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both authorized persons. Additionally, only these persons will have the signature authority to sign payment requests, certification of project completion, time extension requests, and requests for changes to project status (including improved or alternate project status), and Statements of Documentation for large projects. �4 ASSURANCES The APPLICANT certifies that: a. They have the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal and non -state shares of the project cost) to ensure proper planning, management and completion of the project described in approved Project Worksheets. b. They will give the awarding agency, the Comptroller General of the United States and the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. c. They will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. They will record the federal interest in the title of real property in accordance with FEMA directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure non-discrimination during the useful life of the project. d. They will comply with the requirements of the DEPARTMENT and FEMA with regard to the drafting, review and approval of construction plans and specifications, and awarding of construction contracts. e. They will provide and maintain competent and adequate engineering supervision at construction sites to ensure that the completed work conforms to the approved plans and specifications and will furnish progress reports and such other information as may be required by either FEMA or the DEPARTMENT. f. They will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. g. They will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Public Assistance Grant Agreement-2/09 Page 12 of 15 City of Renton D09-458 h. k. m n I• It 0 s They will comply with the Intergovernmental Personnel Act of 1970, as amended (42 U.S.C. §§4701 et seq.) relating to prescribed personnel standards on a merit basis for programs funded under one of the 19 statutes or regulations specified in Appendix A of the federal Office of Personnel Management's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). They will comply with all applicable state and federal statutes, regulations and executive order: relating to nondiscrimination, including but not limited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88-352, 42 U.S.C. 2000d) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§1681 et seq.), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973 (PL 93-112), as amended (29 U.S.0 §794), which prohibits discrimination on the basis of disability; (d) the Age Discrimination Act of 1975, as amended (42 U.S.0 §§6101 et seq.), which prohibits discrimination on the basis of age; (e) the Americans with Disabilities Act of 1990 (42 U.S.C. §§12101 et seq.); and (f) the Fair Housing Amendments Act of 1988 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. However, the requirements of Section 202 of Executive Order 11246, as amended, do not apply to a government contractor or subcontractor that is a religious corporation, association, educational institution or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. They will comply, or have already complied, as applicable, with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (PL 91-646, 42 U.S.C. §§4601 et seq.) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. They will comply, as applicable, with provisions of the Hatch Act, as amended (5 U.S.0 §§1501 et seq. and §§7321 et seq.) which limit the political activities of certain employees whose principal employment activities are funded in whole or in part with federal funds. They will comply, as applicable, with labor and wage provisions related to certain federally -assisted contracts (e.g., the wage rate requirements in the Davis -Bacon Act, as amended, 40 U.S.C. §§3141 et seq., the Copeland Anti -Kickback provisions in 40 U.S.0 §3145 and 18 U.S.0 §874, and the Contract Work Hours and Safety Standards in 40 U.S.0 §§3701 et seq.). They will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234), as amended. They will comply, if applicable, with environmental standards prescribed pursuant to the following: (a) protection and enhancement of environmental quality pursuant to Executive Order (EO) 11514, as amended; (b) administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants, or loans pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990, as amended; (d) floodplains management pursuant to EO 11988, as amended; (e) the Coastal Zone Management Act of 1972 (P.L. 92-583), 16 U.S.C. §§1451 et seq., as amended; (f) Air Quality & Emission Limitations pursuant to 42 U.S.C. §§7401 et seq.; (g) the Safe Drinking Water Act of 1974 (PL 93-523), as amended; and, (h) the Endangered Species Act of 1973 (PL 93-205), as amended. They will comply, if applicable, with the Wild and Scenic Rivers Act (PL 90-542), 16 U.S.C. §§1271 et seq., as amended. They will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966 (PL 89-665), 16 U.S.C. §470, as amended; EO 11593 (protection and enhancement of the cultural environment); and the Archaeological and Historic Preservation Act, 16 U.S.C. §§469 et seq., as amended. They will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. chapter 63) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. They will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." They will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing this program. Public Assistance Grant Agreement-2/09 Page 13 of 15 City of Renton D09-458 t. They will certify to the best of their knowledge and belief that the New Restrictions on Lobbying, 44 CFR Part 18, are complied with; i.e., that no federally appropriated funds have been paid or will be paid by or on behalf of the APPLICANT to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; that if any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the APPLICANT will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and that, as applicable, the APPLICANT will require that the language of this certification be included in the award documents for all subcontracts at all tiers and that all subrecipients shall certify and disclose accordingly. Public Assistance Grant Agreement-2/09 Page 14 of 15 City of Renton D09-458 Attachment #1 — Project Worksheet Sample U.S. DEPARTMENT OF HOMELAND SECURITY O.M.B. No. 1660-0017 FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and financial resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You are not required to respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not send your completed form to this address. DISASTER PROJECT NO. PA ID NO. DATE CATEGORY F _ R DAMAGED FACILITY WORK COMPLETE AS OF: APPLICANT COUNTY LOCATION LATITUDE LONGITUDE DAMAGE DESCRIPTION AND DIMENSIONS SCOPE OF WORK Does the Scope of Work change the pre -disaster conditions at the site? ❑ Yes ❑ No Special Considerations issues included? ❑ Yes ❑ No Hazard Mitigation proposal included?❑ Yes ❑ No Is there insurance coverage on this facility? ❑ Yes ❑ No PROJECT COST I CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST gg � � TOTAL COST PREPARED BY TITLE SIGNATURE APPLICANT REP. TITLE SIGNATURE FEMA Form 90-91, FEB 06 REPLACES ALL PREVIUUS EVIIIUNS. Public Assistance Grant Agreement-2/09 Page 15 of 15 City of Renton D09-458 WRhhi@VsWiState Military Department Recew"AM E N D M E N T 1. APPLICANT NAME/ADDRESS: JUL 17 2009 2. GRANT NUMBER: 3. AMENDMENT NUMBER: City of Renton D09-458 A - Local 3555 NE Second St. Human Resource & Renton WA 98114 Risk Managemer it 4. APPLICANT CONTACT PERSON, NAME/TITLE: 5. MD STAFF CONTACT, NAME/TELEPHONE: Gary Urbas, (253) 512-7402 6. TIN or SSN: 7. CATALOG OF FEDERAL DOMESTIC ASST. 8. FUNDING SOURCE NAME/AGREEMENT #: (CFDA) #: 97.036 Public Assistance FEMA 1825-DR-WA 9. FUNDING AUTHORITY: Washington State Military Department (Department) and Federal Emergency Management Agency (FEMA) 10. DESCRIPTION/JUSTIFICATION OF AMENDMENT, MODIFICATION, OR CHANGE ORDER: Under the authority of Presidential Major Disaster Declaration FEMA 1825-DR-WA, the Department through its Public Assistance Program, is reimbursing the Applicant for those eligible costs and activities necessary for the repair and restoration of public facilities damaged during this disaster. As the program has progressed, the need to modify and redefine certain agreement language has become necessary. Recognize change in non-federal share of funding due to legislative appropriations of the state share. 11. AMENDMENT TERMS AND CONDITIONS: 1. The grant expiration date of March 1, 2013 remains unchanged. 2. In the Special Terms and Conditions, Article I -Compensation Schedule, replace in its entirety 1. FUNDING with the language found in Attachment A, Article I — Compensation Schedule, 1 FUNDING of this amendment. No other changes are required. All other terms and conditions of the original grant and any previous amendments thereto remain in full force and effect. 'N WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this grant nendment and attachments hereto and in witness whereof have executed this amendment as of the date and year written below. The rights and obligations of both parties to this grant are governed by this Grant Amendment Face Sheet and other documents incorporated herein by reference or attached and identified in the original grant agreement document. A copy of this grant agreement amendment shall be attached to and incorporated into the original agreement between the Department and the Applicant. Any reference in such grant agreement to the "grant agreement" shall mean "grant agreement as amended." IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the date and year last written below: FOR THE DEPARTMENT: FOR THE APPLICANT: Signature Date Signature Date James M. Mullen, Director Emergency Management Division print or type name: Washington State Military Department APPROVED AS TO FORM: APPROVED AS TO FORM: A Sara J. Finlay (signature on file) June 2, 2009 Applicant's Legal Review Date Assistant Attorney General Form Date: 10/27/00 Page 1 of 2 City of Renton D09-458 Contract D09-458 Amendment A Attachment A Replace these numbered paragraphs of the original agreement with the following new paragraphs: SPECIAL TERMS AND CONDITIONS ARTICLE I — COMPENSATION SCHEDULE 1. FUNDING The DEPARTMENT will administer the Public. Assistance Grant Program and reimburse approved eligible Public Assistance costs to the APPLICANT that are identified under the auspices of Presidential Emergency Declaration Number FEMA-1825-DR-WA and authorized by and consistent with the Stafford Act (P.L. 93-288, as amended) and applicable regulations. It is understood that no final dollar figure is committed to at the time that this Grant Agreement is executed, but that financial commitments will be made by amendments to the project application as Project Worksheets are completed in the field and projects are authorized by state and federal officials. See Attachment #1-Project Worksheet sample. Pursuant to the FEMA-STATE AGREEMENT, the Federal Emergency Management Agency (FEMA) will contribute 75 percent of the eligible costs for any eligible project and 100 percent of the administrative costs, as provided for in subsection 3.E. of Article I of this Public Assistance Grant Agreement. The DEPARTMENT will commit to 12.5 percent and the APPLICANT will commit to the remaining 12.5 percent non-federal match to any eligible project that has been identified under the Presidential Disaster Declaration number FEMA 1825-DR-WA, subject to the following exception: Donated Resources: FEMA will credit an APPLICANT for the value of certain volunteer labor, donated equipment, and donated materials used in the performance of eligible emergency work — categories A and B, referred to as Donated Resources. The Donated Resources are recognized by FEMA in Project Worksheet. Donated Resources offset the non-federal share of the eligible emergency work approved in Project Worksheets. For non -state agency applicants, the donated resource value will first be applied to the APPLICANT's non-federal share, and any remaining donated resource value will be applied to the DEPARTMENT's share. The value of the Donated Resources are calculated as described in FEMA. Policy 9525.2, and are capped at the non -Federal share of approved eligible emergency work costs. The Federal share of the Donated Resources will not exceed the non-federal share of eligible emergency work costs approved in Project Worksheets. Any excess credit can be credited only to other eligible emergency work costs, for the same APPLICANT in the same disaster. The value of excess donated resources cannot be credited toward or transferred to another eligible APPLICANT, or toward other State obligations. See Attachment #1 — Project Worksheet sample. Page 2 of 2 City of Renton D09-458 CITY OF RENTON COUNCIL AGENDA BILL Al #: ,ubmitting Data: Fire & Emergency Services Dept. For Agenda of: Dept/Div/Board.. Safety & Support Services September 14, 2009 Agenda Status Staff Contact...... Robert Van Horne x7022 Consent .............. X Public Hearing.. Subject: Interlocal Agreement with the City of Tukwila for use of Correspondence.. a fire apparatus. Ordinance ............. Resolution............ X Old Business........ New Business....... Exhibits: Renton/Tukwila Interlocal Agreement Study Sessions...... Resolution Information......... Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept...... Other ............... H R&RM ciscal Impact: Expenditure Required.., 0 Transfer/Amendment....... 0 Amount Budgeted....... 0 Revenue Generated......... 0 Total Project Budget 0 City Share Total Project.. 0 SUMMARY OF ACTION: X X The Tukwila Fire Department recently experienced maintenance problems with their reserve fire engines and asked Renton Fire & Emergency Services for use of a spare apparatus. The City of Renton has a spare and letting Tukwila borrow it will not place a negative impact on the City's reserve fleet. An Interlocal Agreement has been developed and approved by the City Attorney office, and it has been signed by Tukwila. The Fire & Emergency Services Department agrees that Tukwila may need to place the reserve in service at any time. Since no regular Council meetings were scheduled between August 17 and September 14, the Mayor has already signed the agreement with Tukwila on an emergency basis. Council is now being requested to approve the agreement, adopt the Resolution and confirm the pre -approval of signing of the agreement. STAFF RECOMMENDATION: Approve the Resolution authorizing the Mayor and City Clerk to execute the Interlocal Agreement with the City of Tukwila related to Tukwila's use of a Renton fire engine, and confirm pre -approval signing of the agreement by the Mayor and City Clerk due to emergency circumstances. Rentonnet/agnbill/ bh Contract #09-132 Council Approval N/A CAG-09-159 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF RENTON RELATING TO THE USE OF A FIRE APPARATUS THIS INTERL•OCAL AGREEMENT ("the Agreement") is entered into by and between the CITY OF TUKWILA, a State of Washington municipal corporation (hereinafter referred to as "Tukwila"), and the CITY OF RENTON, a State of Washington municipal corporation (hereinafter referred to as "Renton") and in conformity with Chapter 39.34 RCW, for full consideration of the use of a fire engine apparatus from the Renton Fire & Emergency Services Department. RECITALS WHEREAS, Tukwila currently operates and maintains its own Fire Department to provide comprehensive fire suppression, emergency medical services, and other services incidental to the protection of persons and property in Tukwila; and WHEREAS, due to extraneous circumstances, Tukwila's Fire Department is temporarily operating without any reserve fire apparatus available, and WHEREAS, Tukwila seeks to fill the temporary need for an additional reserve fire apparatus for command support, and WHEREAS, Renton provides its own highly professional fire fighting service and has a reserve fire apparatus available on a temporary basis to Tukwila, and WHEREAS, Tukwila and Renton agree that the Renton Fire & Emergency Services Department is in the best position to provide a reserve fire apparatus to Tukwila as specifically provided for in this Agreement; NOW THEREFORE, in consideration of the following recitals and the mutual promises and covenants contained herein, it is agreed as follows: AGREEMENT 1. Purpose of Interlocal Agreement. This Interlocal Agreement ("Agreement") is entered into for the express purpose of allowing Renton to temporarily provide the Tukwila Fire Department with a reserve fire engine apparatus identified in attached Exhibit "A" (hereinafter referred to as "Equipment"). Page 1 HA02 MarkTire Department --Contracts and Agreements12009-08-21 Final ELA_Tuwila_Renton_Fire Enginel l.doc/CoR/08/21/09 2. Duration and Termination. The initial term of this Agreement shall begin upon execution by both parties and extend until termination. Either party may terminate this Agreement by providing written notice of such intent to terminate at least ten (10) days prior to the termination date. 3. Equipment. Renton will retain all right, title, and interest in the Equipment assigned to the Tukwila Fire Department for the duration of this Agreement, with the stipulation that such equipment continues to be used for delivery of fire and rescue services. Renton makes no representation or warranty, express or implied, as to the condition of such equipment or its suitability and fitness for use by the Tukwila Fire Department for the delivery of fire and rescue services. Only that Equipment identified in attached Exhibit "A" is intended to be assigned to Tukwila pursuant to the terms and conditions of this Agreement. Upon termination of this Agreement, Tukwila shall return the Equipment to Renton in substantially the same condition including routine wear and tear for such equipment. 4. Fees and Reimbursements. Renton will provide the Equipment to Tukwila at no cost during the duration of this Agreement. All expenses related to operating, maintaining, and insuring the Equipment during the term of this Agreement shall be the responsibility of Tukwila. 5. Indemnification. Tukwila agrees to and shall hold harmless, defend and indemnify Renton and its officers, agents and representatives, from and against any liability and damages, and claims of such liability and damages arising out of or in connection with performance of this Agreement and/or use of the Equipment referenced in paragraph 3 above, except to the extent that the same is caused by the negligence of Renton or its officers, agents and representatives to be indemnified under this Section. No claim or litigation shall be settled without prior approval of Renton. Renton agrees to and shall hold harmless, defend and indemnify Tukwila and its officers, agents and representatives, from and against any liability and damages, and claims of such liability and damages arising out of or in connection with performance of this Agreement and/or use of the Equipment referenced in paragraph 3 above, except to the extent that the same is caused by the negligence of Tukwila or its officers, agents and representatives to be indemnified under this Section. No claim or litigation shall be settled without prior approval of Tukwila. This Section shall remain in force despite termination or expiration of this Agreement with respect to acts and/or omissions occurring before termination of this Agreement (whether by expiration of the term or otherwise). 6. Insurance. During the term of this Agreement, Tukwila shall keep and maintain the following policies of insurance in full force and effect with regard to the use of the Equipment referenced in paragraph 3 above: Page 2 HA02 MarkTire Department --Contracts and Agreements\2009-08-21 Final ILA_Tuwila_Renton_Fire Enginel I.doc/CoR/08/21/09 A. Tukwila shall maintain at its own expense appropriate policy or policies of property and comprehensive general liability insurance with respect to the Equipment referenced in paragraph 3 above, in such amounts as are reasonable and appropriate. B. In the event of damage or loss of the Equipment, Tukwila is obligated to replace or repair the Equipment with the proceeds it receives from its insurance company. 7. Dispute Resolution, Venue and Governing Law. It is the parties' intent to resolve any disputes relating to the interpretation or application of this Agreement informally through discussions at the staff level. In the event disputes cannot be resolved informally at the staff level, resolution shall be sought by the respective City Administrators within thirty (30) days from the date of a written request by either party hereto, and if unsuccessful, then the parties agree to submit the dispute to non -binding mediation/dispute resolution, the cost of which shall be borne equally by the parties hereto. Venue for any action relating to enforcement of this Agreement shall be solely in King County Superior Court. This agreement shall be governed by the laws of the State of Washington. 8. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of Tukwila an employee of Renton, and vice versa, for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded to either party's employee by virtue of their employment. At all times pertinent hereto, employees of Tukwila are acting as Tukwila employees and employees of Renton are acting as Renton employees. 9. Partial Invalidity and Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. 10. Assignability. The rights, duties and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 11. No Third -Party Rights. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third -party beneficiary or otherwise) on account of any nonperformance hereunder. 12. Entire Proposal. This proposal constitutes the entire proposal between the parties hereto and no other proposals, oral or otherwise, regarding the subject matter of this Page 3 HA02 Mark\Fire Department --Contracts and Agreements\2009-08-21 Final MA_Tuwila_Renton _Fire Enginel l.doc/CoR/08/21/09 Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes in this Agreement. Proposed changes, modifications or amendments that are mutually agreed upon shall be incorporated by written amendment hereto and become part of this Agreement when signed and executed by the parties hereto. 13. Duplicate Originals. This Agreement shall be executed with duplicate originals, with each duplicate original having the same force and effect as the other. 14. Filing With Auditor. This Agreement shall be filed with the King County Auditor pursuant to RCW 39.34.040. AGREED TO THIS day of CITY OF RENTON Denis Law, Mayor City Admin or Approved As To Form: City Attorney Attest: ity Cl 2009. CITY OF TUKWILA 1' aggerto a or W Cit Administrator Approved As To Form: ty t rn Page 4 HA02 Mark\Fire Department —Contracts and Agreements\2009-08-21 Final ILA_Tuwila_Renton_Fire Enginel l.doc/CoR/08/21/09 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF RENTON RELATING TO THE USE OF A FIRE APPARATUS Exhibit A Make: E-One Pumper Year: 1996 VIN: 4EN3AAA86T1006212 SO #: 16212 Engine: Cummins M11 34821673 Transmission: Allison HD 4060 6610012096 CAG-09-159, Adden #1-09 ADDENDUM TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF RENTON RELATING TO THE USE OF A FIRE APPARATUS THIS ADDENDUM IS TO AN INTERLOCAL AGREEMENT ("the Agreement") entered into by and between the CITY OF TUKWILA, a State of Washington municipal corporation (hereinafter referred to as "Tukwila"), and the CITY OF RENTON, a State of Washington municipal corporation (hereinafter referred to as "Renton") and in conformity with Chapter 39.34 RCW, for full consideration of the use of a fire engine apparatus from the Renton Fire & Emergency Services Department. 1. Purpose of Addendum to Interlocal Agreement. This Addendum is to the Interlocal Agreement ("Agreement") previously entered into by the parties for the express purpose of allowing Renton to temporarily provide the Tukwila Fire Department with a reserve fire engine apparatus as identified in Exhibit "A" attached to the Interlocal Agreement (hereinafter referred to as "Equipment"). The purpose of this Addendum is to clarify the insurance and deductible requirements set forth in Paragraph 6 of the Interlocal Agreement, as it relates to Tukwila Fire Department's use of Renton's loaned fire apparatus/Equipment. 2. Liability Insurance. During the term of the Interlocal Agreement, Tukwila shall add the loaned fire apparatus/Equipment to its automobile liability insurance coverage, and shall keep and maintain such policies of insurance and liability coverage in full force and effect with regard to the use of the loaned fire apparatus/Equipment. 3. Property Insurance and Deductible. In the event of damage or loss of the loaned fire apparatus/Equipment, Tukwila shall pay any deductible to repair or replace the loaned fire apparatus/Equipment. 4. Filing with Auditor. This Addendum to the Interlocal Agreement shall be filed with the King County Auditor pursuant to RCW 39.34.040. AGREED TO THIS day of CITY RENTON Denis Law, Mayor 2009. CITY OF TUKWILA Jim Haggerton, Mayor ,4� City Admi ' tr for Approved As To Form: City Attorney Attest: 0, Cit Clerk City Administrator Approved As To Form: City Attorney 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 CITY OF TUKWILA REGARDING THE USE OF A FIRE APPARATUS. WHEREAS, the City of Tukwila ("Tukwila") currently operates and maintains its own Fire Department to provide comprehensive fire suppression, emergency medical services, and other services incidental to the protection of persons and property in Tukwila; and WHEREAS, due to extraneous circumstances, Tukwila's Fire Department is temporarily operating without any reserve fire apparatus available; and WHEREAS, Tukwila seeks to fill the temporary need for an additional reserve fire apparatus for command support; and WHEREAS, the City of Renton ("Renton") provides its own highly professional fire fighting service and has a reserve fire apparatus available on a temporary basis to Tukwila; and WHEREAS, Tukwila and Renton agree that the Renton Fire & Emergency Services Department is in the best position to provide a reserve fire apparatus to Tukwila; and WHEREAS, it is necessary to memorialize the terms and conditions under which the reserve fire apparatus will be provided to Tukwila; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the City of Tukwila entitled Interlocal Agreement Between the City of Tukwila and the City of Renton Relating to the Use of a Fire Apparatus. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 12009. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney R ES.1416:8/26/09: scr 2 CITY OF RENTON COUNCIL AGENDA BILL Al #: 0 0 Submitting Data: For Agenda of: 9/14/2009 Dept/Div/Board.. Hearing Examiner Agenda Status Staff Contact...... Fred J. Kaufman, ext. 6515 Consent .............. X Public Hearing.. Subject: Correspondence.. Bob Singh Preliminary Plat Ordinance ............. File No. LUA-09-050, ECF, PP Resolution............ Old Business........ New Business....... Exhibits: Hearing Examiner's Report and Recommendation and Study Sessions...... Zoning Map Information......... Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... I Total Project Budl;et City Share Total Project.. SUMMARY OF ACTION: The hearing was held on July 14, 2009. The Hearing Examiner's Report and Recommendation on the Bob Singh Preliminary Plan was published on July 21, 2009. The appeal period ended on August 5, 2009. No appeals were filed. STAFF RECOMMENDATION: Approve the Bob Singh Preliminary Plan as outlined in the Examiner's Report and Recommendation. Rentonnet/agnbill/ bh July 21, 2009 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/OWNER: CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT PUBLIC HEARING: Bob Singh PO Box 98412 Des Moines, WA 98148 Cramer NW, Inc. 945 N Central Ave, # 104 Kent, WA 98032 Bob Singh Preliminary Plat File No.: LUA 09-050, PP, ECF 19029 1201h Ave SE Requesting Preliminary Plat approval of a 2.14 acre site to be subdivided into 9 lots for single-family residential development and 3 Tracts for drainage and recreation. Development Services Recommendation: Approve subject to conditions. The Development Services Report was received by the Examiner on July 7, 2009. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the July 14, 2009 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, July 14, 2009, at 9:04 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Vicinity Map application, proof of posting, proof of publication and Bob Singh Preliminary Plat File No.: LUA-09-050, PP, ECF July 21, 2009 Page 2 other documentation pertinent to this request. Exhibit No. 3: Preliminary Plat (Page 1 of 2) Exhibit No. 4: Preliminary Plat (Page 2 of 2) Exhibit No. 5: Conceptual Drainage Plan Exhibit No. 6: Drainage Details Exhibit No. 7: Tree Replacement Plan Exhibit No, 8: Landscape Plan, Street Trees Exhibit No. 9: Landscape Schematic Design Community Park Exhibit No. 10: Memorandum from Mr. Wilson At the request of the City Attorney, there were preliminary matters to be discussed. Ann Nielsen, on behalf of the City of Renton, stated that this is a Preliminary Plat hearing and Vanessa Dolbee would be making a presentation later. There was a SEPA determination issued on this plat. A timely appeal of that determination was filed. That matter was supposed to come before the Examiner, however Mr. Wilson and the City have had ongoing dialogs and have been able to determine that the issues raised by Mr. Singh as part of the SEPA appeal were not a SEPA issue. Both parties would concede that fact; however in the interest of preserving the issues that were raised, the City did speak with Mr. Wilson and it was decided that those were issues that could be raised during the hearing of this Preliminary Plat hearing. The issue that Mr. Wilson will present today is germane to the purposes of this hearing. All parties are in agreement with the City of Renton, while the applicant is vested to King County Development Codes, the City of Renton Procedures would apply. The issue is whether the definition of a short plat in King County is a development regulation or a procedure. Mr. Singh is going to be arguing that it is a development procedure. The difference in fees between short plat and preliminary plat between King County and the City of Renton comes to $1,000.00. If the Examiner decides that the definition of a short plat is a development regulation, then this plat would be vested to that definition. If the decision is procedural Mr. Wilson would then concede that it becomes a non - issue. Terry Wilson, Cramer NW, Inc. stated that he is the owner of Cramer NW and a real estate attorney. The reason an appeal was submitted on the SEPA decision is that the project had been with King County for over a year before the annexation took place. There was some lost information with the transfer of the files and it took a year to get all the information together. The first indication that this plat would move from a short plat to a preliminary plat was in the SEPA determination. That determination stated that the basis of this conversion was the RCW on subdivisions. He provided a memorandum that states his issues along with an explanation of the issues. The RCW citation is: 58.17020 Definition of a Short Subdivision. This was the first time that he had been made aware of Renton's codes on plats. In the County, Tracts are used for recreation space and for storm and access and are added to the lots to come to a sum total of greater than 9. The County reduced them to a short plat with 9 lots. King County has a separate definition for Tracts with a special entity for the common areas and state that Tracts are not lots or building sites for purposes of residential buildings. Bob Singh Preliminary Plat File No.: LUA-09-050, PP, ECF July 21, 2009 Page 3 He is not aware of all the issues between a plat and short plat as to how differently they are treated. There is a $1,000.00 difference in submittal fees, there could be other things but they are not aware of all the issues. A discussion on policies and procedures was held between Ms. Nielsen, The Examiner and Mr. Wilson. The discussion finished with the issue of whether the short plat concept is procedural or a development regulation. Ms. Nielsen stated that she believed it to be procedural, if that is so, she believed that the parties were in agreement that it would then turn over for the City of Renton procedures to apply to this plat. The Examiner stated that he felt this was not the forum to get that global answer and as such asked for the Preliminary Plat hearing to take place. That is what was scheduled for today and what he is to be hearing and deciding upon. The.hearing opened at 9:36 am with a presentation of the staff report by Vanessa Dolbee, Associate Planner, Community and Economic Development Department, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The applicant is requesting a preliminary plat approval for a 2.14 acre site subdivided into 9 lots and three tracts. The application is vested to King County standards and is located within the R-6 zoning designation. The site is located at 19029 1201h Avenue SE. The site is west of 1201h Ave SE and north of SE 191" Street and is in the southern portion of the City of Renton. It was annexed on March 1, 2008. Environmental Review Committee issued a Determination of Non -Significance — Mitigated with one mitigation measure. No appeals were filed. In the City of Renton the zoning designation would be R-4, however because the project was vested to King County they will follow the R-6 King County Development Standards. The proposed development would allow for the future construction of 8 new single family dwelling units and is located in the Urban Residential Medium Land Use Designation for King County. The minimum density is calculated by net building area, the square feet of recreation space and storm water control facilities are deducted from the area to result in a net buildable area of 1.9 acres which resulted in a minimum dwelling units required of 9.69 units. The nine units would be below the minimum required by King County. However, in King County you are allowed to proceed with less than minimum density, if there are ghost lots, which are included in Lot 9. Future development could happen by subdividing that further to additional lots to meet the minimum density. The actual density for this project would be 4.2 dwelling units per acre with the nine lots. There are no minimum lots size or depth requirements in the King County R-6 zone, minimum lot width is 30 feet. The proposed lots all meet this requirement. The street setback is 10-feet for a primary structure and 20- feet for attached garages or carports or fenced parking areas. The interior setback is five feet within the R-6 zone. All proposed lots appear to contain adequate area to meet the setback requirements. The existing residence and garage on proposed Lot 9 would be removed. All lots would gain access from SE 19151 Street, Lots 2, 3, 6 and 7 would be accessed via a joint use driveways noted as Tracts B and C on the plat. Lots 1, 4, 5 and 8 would be accessed via SE 191" Street, however in order Bob Singh Preliminary Plat File No.: LUA-09-050, PP, ECF July 21, 2009 Page 4 to reduce curb cuts along SE 191" Street, staff recommended that they should also utilize Tracts B and C for ingress and egress to their lots. Each lot is required to have two off-street parking spaces and it appears that there is sufficient space for those parking spaces. Drainage would be a water quality detention vault placed in Tract A, located on the eastern portion of the parcel at the intersection of SE 191" Street and 1201h Avenue SE with a recreation space on top. The stormwater vault would connect to the existing 1201h Avenue drainage system from there would be conveyed south along 120"' Avenue to SE 192°d Street and then east towards Soos Creek. There have been no conveyance problems in this area. Under King County it is required that the greater of 10 trees or 5% of the trees on site be retained. Although in a screening transmittal in the files from King County there was a determination that the subject site had been cleared without permits. Due to illegal clearing, the SEPA measure had required replacement of the cleared trees with 42 three inch caliper trees. These trees would be planted along the perimeter of the site with the exception of the southern border that is immediately adjacent to SE 191" Street. Street trees are also required by King County Code for subdivisions, they must be planted at a rate of 40-feet along the street frontage for public streets and additional trees that would be placed in the center of the lots. Nineteen street trees have been identified for this proposal. Under King County Code for a development of this size they are required to provide 390 square feet per lot of recreation space on site. This would equate to 3,510 square feet of recreation space. In this plan the applicant has identified 11,724 square feet for recreation space. A tot lot would be located in the center with a Big Toy and benches. A homeowners' association would be required to ensure maintenance of the recreation tract and other Tracts in this development. They would be responsible for common improvements on the Tracts. Curbs and sidewalks are proposed for both the SE 191" Street and 120`' Avenue SE frontages. Frontages along SE 191" street should be improved to the satisfaction of the City of Renton Development Services Division subject to King County Road Standards. Traffic and Fire Mitigation Fees would be assessed and paid prior to plat recording. Mr. Wilson stated they would be willing to change the tract dedication for driveway access to easements which. would then allow them to fall into 9 lots or less. King County requires that you create tracts for access areas, if the City of Renton would allow those to be easements, they would be more than willing to change the labeling of those to easements in order to become a short plat. Kayren Kittrick, Community and Economic Development Department stated that King County wants small Tracts which are a King County convention, not a City of Renton convention. It tends to be confusing as to who would take care of maintenance, it appears that the Homeowners' Association would be required to maintain them under either designation. Sewer and water are all under Soos Creek and has been verified that they can handle the development Bob Singh Preliminary Plat File No.: LUA-09-050, PP, ECF July 21, 2009 Page 5 The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:04 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Terry Wilson, Cramer NW, Inc for Bob Singh, filed a request for a Preliminary Plat. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit # 1. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. There was no opposition from the public regarding the subject proposal. 6. The subject site is located at 19029 120th Avenue SE. The subject site is located on the west side of 120th with additional frontage along SE 191st Street. The subject site is located south of Petrovitsky Road and east of SR-167. 7. The subject site was annexed to the City with the adoption of Ordinance 5327 enacted in March.2008. 8. The applicant filed the original application while the property was still under King County's jurisdiction Therefore, the proposal is vested to King County's development standards including density, setbacks, lot sizes, road standards and other similar standards. The applicant is bound by Renton's procedural requirements. The map element of the Renton Comprehensive Plan designates the area in which the subject site is located as suitable for the development of low density single family uses, but does not mandate such development without consideration of other policies of the Plan. In King County the proposal was governed by Urban Residential Medium policies. 10. The subject site is currently zoned R-4 (Single Family - 4 dwelling units/acre) in Renton but is entitled to develop under the King County R-6 standards. 11. The subject site is approximately 2.14 acres or 93,218.4 square feet. The parcel is approximately 529 feet deep (east to west) by 148 feet wide (frontage along 120th). 12. The parcel slopes very gently down toward the southwest. There are no critical areas on the subject site. 13. Trees were removed from the site when the applicant did grading. No permit was issued for the tree Bob Singh Preliminary Plat File No.: LUA-09-050, PP, ECF July 21, 2009 Page 6 removal. The ERC required replacement trees to be planted as part of its enviromnental review. 14. The applicant proposes dividing the subject site into nine (9) lots and three tracts. Due to the requirements of a minimum density, the applicant has proposed that Proposed Lot 9 be oversized allowing for future re -division of that lot into additional lots. The lots would be in two main tiers with Proposed Lots 1, 4, 5 and 8 being the south tier located directly on SE 191st Street. Proposed Lots 2, 3, 6 and 7 would be the north tier and would be interior lots reached by either tracts or easement. The easements would be created off of SE 191 st between or through Proposed Lots 1 and 4 and 5 and 8 respectively. Proposed Lot 9 would be near the east end of the plat next to the stormwater detention tract, Tract A. The eight main lots would all be in the 5,600 to 5,800 square foot size range. Proposed Lot 9 would be approximately 28,370 square feet. (Lot size numbers vary between exhibits but are generally within the ranges noted). 15. As noted, four lots front along 191st but staff has recommended that the eight lots take their access from the easements that will serve the rear, north or interior lots to minimize curb cuts. 16. The density for the plat would be 4.2 dwelling units per acre. Based on the net buildable area (using King County standards), the minimum number of lots would be 10. Therefore, the applicant has proposed the future re -division of Proposed Lot 9. It could be divided into 5 lots at a future time. Staff noted that it only reviewed the current proposal and legal notice was for the 9 lot subdivision so consideration of further platting at this time would not be possible. 17. King County requires streets trees be planted at the rate of one tree for each 40 linear feet along streets. Nineteen trees have been proposed. Additionally, 10 trees per acre or 5% of trees are to be retained. As noted, the site was cleared without appropriate permits. The ERC imposed replanting mitigation. 18. King County, unlike Renton, has specific recreation and open space requirements. Each single family lot requires 390 square feet of consolidated recreational space. The nine lots would require 3,510 square feet whereas the applicant is proposing 11,724 square feet, an amount in excess of requirements. The applicant also meets the minimum dimension of a 35-foot width. Plats over five lots require a tot lot which is proposed. The recreation space will be accommodated on Tract A and will be built over the stormwater detention system. 19. The subject site is located within the Renton School District. The project is expected to generate approximately 4 or 5 school age children. These students would be spread across the grades and would be assigned on a space available basis. No mitigation fees are required by the Renton School District. 20. The development will increase traffic approximately 10 trips per unit or approximately 90 trips. Approximately ten percent of the trips, or approximately 9 additional peak hour trips will be generated in the morning and evening. King County code allows for mitigation fees and the City will impose its standard fee. 21. Stormwater will be directed to Tract A and then into existing systems and then to Soos Creek. 22. Both domestic water and sewer service will be provided by Soos Creek District. Bob Singh Preliminary Plat File No.: LUA-09-050, PP, ECF July 21, 2009 Page 7 23. Staff has recommended that the project offset its impacts on emergency services by paying the Fire Mitigation fees adopted by the City. 24. The applicant raised the issue of whether the proposed subdivision was appropriately reviewed by the City. King County determined that the division of the subject site into nine (9) developable lots and three (3) tracts (two for access and one for joint use for stormwater detention and recreation) was a Short Plat. The City determined under its procedures that this land division was a Preliminary Plat since there were a total of more than ten (10) parcels - nine lots and three tracts. The City criteria are the number of resulting separate parcels and not whether the parcels can support a free-standing residential or commercial use. There are certain ramifications of one process over the other but that was not fully explored. This office determined that the legal notice for the public hearing described a Preliminary Plat and therefore, there was no ability to determine the issue in this specific forum. CONCLUSIONS: The proposed Preliminary Plat appears to serve the public use and interest. While the plat is not bound by Renton standards, in this case, the plat comes close to complying with the Comprehensive Plan's goals and policies while also meeting the goals and objectives under the King County plan. The lots are rectangular, have sufficient area for reasonably sized single family homes. The plat will provide street tree plantings as well as replace trees removed without permit. The plat will increase the tax base of the City and also help offset costs associated with providing services by paying mitigation fees. The applicant will be providing on -site recreation as required under King County regulations. The site can be served by domestic water and sewer services and stormwater will be accommodated by an on -site facility and will not burden off -site infrastructure. The development of the plat will clearly increase traffic and the general hubbub of an expanding population but these impacts were anticipated by both King County's codes and plans as well as the City's codes and plans. 4. The applicant will be improving the frontage rights -of -way adjacent to the plat helping with travel to and from the plat as well as for those passing by the plat. The applicant has created an oversized lot to permit further subdivision of the site to meet the density requirements mandated for this property and vicinity. In conclusion, the proposed plat appears to be reasonable and should be approved by the City Council. RECOMMENDATION: The City Council should approve this nine -lot Preliminary Plat subject to the following conditions: The existing residences shall be removed or modified in order to be compliant with the setbacks of the R-6 zone prior to final plat approval. 2. A note shall be placed on the face of the plat requiring orientation for the front yard of all lots Bob Singh Preliminary Plat File No.: LUA-09-050, PP, ECF July 21, 2009 Page 8 towards SE 191" Street. 3. The applicant shall establish a homeowners' association for the development, which would be responsible for any common improvements and/or tracts (including the recreation and private access tract) within the plat prior to final short plat approval. A note shall be placed on the face of the plat restricting direct access from SE 191" Street for all lots except Lot 9. Access shall be provided via the Joint Use Driveway Tracts B and C. The frontage along SE 191" Street and 120'' Ave SE, for the full length of the property shall be improved to the satisfaction of the City of Renton Development Services Division subject to the King County Road Standards prior to final plat recording. The applicant shall pay a Transportation Mitigation Fee based on the new average daily trips attributed to the project 7. Any future residence constructed within the plat shall be sprinkled unless the requirement is removed by the City of Renton Fire Marshal or his/her designee. A note shall be recorded on the face of the short plat to this effect. 8. The applicant shall pay a Fire Mitigation Fee based on $488.00 per new single-family residential unit. ORDERED THIS 2 1 " day of July 2009. FRED J. KA MAN HEARING E MINER TRANSMITTED THIS 2151 day of July 2009 to the parties of record: Vanessa Dolbee Development Services Renton, WA 98057 Kayren Kittrick Development Services Renton, WA 98057 Bob Singh Terry Wilson PO Box 98412 Cramer NW, Inc Des Moines, WA 98148 945 N Central Ave, # 104 Kent, WA 98052 Ann Nielsen Assistant City Attorney Renton, WA 98057 Bob Singh Preliminary Plat File No.: LUA-09-050, PP, ECF July 21, 2009 Page 9 Steve Bottheim, Supervisor CPLN LUSD MS OAK DE 0100 Lisa Dinsmore CPLN LUSD MS OAK DE 0100 Mark Follmer, Prelim Review Eng ERS LUSD MS OAK DE 0100 Kris Langley, Sr. Engr Traffic CPLN LUSD MS OAK DE 0100 Trisha Bull, PPMIII Kim Claussen, PPMIII CPLN LUSD ME OAK DE 0100 CPLN LUSK ME OAK DE 0100 Shannon Dorr, PPMII Ray Florent, Chief Supervisor CPLM LUSD MS OAK DE 0100 ERS LUSD ME OAK DE 0100 Curt Foster Kelly Whiting, KC DOT ERS LUSD ME OAK DE 0100 RD SERV DIV MS KSC TR 0231 Steve Townsend, Supervisor LUIS LUSD MS OAK DE 0100 TRANSMITTED THIS 21 s` day of July, 2009 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Marty Wine, Assistant CAO King County DDES Land Use Services Division 900 Oakesdale Ave SW Renton, WA 98057 Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., August 5, 2009. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., August 5, 2009. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in Bob Singh Preliminary Plat File No.: LUA-09-050, PP, ECF July 21, 2009 Page 10 private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location Project Location Map 19029 120`h Ave. SE )TIT PLAT NO. .40 COUNTY,, WASHItJGTON B OB 'GH PRELIMINAR Y 1OR T PLA T LOCATED IN THE S. W. 1/4, OF THE S. W, 114, OF SECTION 33, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.y., KING COUNTY FlASHINCTON GRAPHIC SCALE 1'-40' 40 0 40 BASIS OF BEARINGS: LEGAL DESCRIPTION: BEARINCS SHOWN HEREON ARE BASED ON ME WEST LINE OF ME S,W. 1/4 OF SECTION 3J, TOWNSHIP 2J NORTH, (PER SUBDMSION GUARANTEE Br STEWRT TIrIE LEGEND: RANGES EAST. W,M„ BEINC NORTH 01'25'OS CAST, AS GUAR.IMTY COMPANY ORDER NUMBER SC-16J1-I205J, WO ® -- -vAt AS DESf In SHOWN ON THAT RECORD OF SURVEY RECORDED IN VOLUME OATEO JVLT 25, 2007) 174 OF SURVEYS, PACE 291, UNDER RECORDING NUMBER 200407J0900005, RECORDS OF KING COUNTY, ASNINGMN. LOT 6, BLOCK 1, NORMWESIERN GARDEN. TRACfS, O Ml PEW AS oeS ,M OMSIOH NO. 1, ACCORDING TO THE PUT THEREOF � lrrRFIY NRE NOTES: RECORDED IN VOLUME 47 Or PIArS, PACES) 74, - RECORDS OF KING COUNTY, WASHINGrON. ® HAl BD A L MGNVMEMS LAST VISITED AS OESCRISED. • WArER'A'f 2. PARENT PARCEL AREAL. 9J019t SO. FT. (2.I41 ACRES) J. THE BOURAMIES SHO" ON THIS SURVEY REPRESENT DEED LIND ONLY, ACTUAL OWNERSHIP WY OTHERWISE eE DETERMINED, U` I � 1 I wI 3 LOT 5 O 61964�(� I 66'1.0. DK maiiM Y �b LOT 6 1 4 I LOT 5 BLOCK I Ni TRACT S, DIVISION NO. ,OR TNWf STERN CA17 PG. 7A) (VOA.0 6' OMDL D4(W6— b Ot S Q' (04: fi 1964t102B0 \_ 6' FIRE WDA7 ® CATE01 BA9EI a CLLHRT QD SRNM DAw WAKA f ® SAwm' SEWER M ,.f 6' a DLDJ( FOr,E ANS 0.6'I IJ A S. IT 7 RECORDING NO. VOA / SCALE: GRAPHIC SCALE I"=40' 1 inch = 40 FT. 40 0 40 PORTION OF: S.W. 1/4, S.W. 1/4, SEC. 33, T, 23 NORTH, R. 5 EAST, W,1A. NDUNO OXCRErE M .W Rn/�IIC�K N IE.,O N CASE rllm IJ_a6._pp) I P Y CPP INV, FL -SC, I RIM EL-504.66 CCMEp CHANNEL I .b. INV. FL-491.l6 (� PNC) 1 � L If CPP I 1 BENCHMARK I RD.am CENTER CHANNEL NY. EL-s9o.a7 (a• I FONT 1/2' RE&W IM CAP) ICB x 0.10't FIa4 I rKCO. FS[R-A7Y Qgfp I � I 1 / I I BJ.73' w 1 � A5 z nMcr A RffREA1KN ! MVV l N Cp; - ` �b.1 a i 18' - A94t4L i CRT1fll11 �V' B4J6' Fal, I �=pq I LOr J LOf 6 FUR,RE ACCESS EASEMENT IgA- FOi ACCESS r0 gEAq I5L2SJSB.=. �50?R. I seaQt 39. r7 ; 5719f 50. R. LUr 7� 57J50. FL a 5J6 - rIt' II° I NW?M 6E 61.12' IR RI Ng -�'46E aA.S5' �Q" `el ,� t......... ........_... I LOf9 (nMAE OE1flDPKq? fiVCl), _ ro Sig `$'46W a495. SB9 B'A6x B4.95' I � 1 LOT 6 _ \'E} I x. �LSt 1 It I LOf 1 l� jTl$I LOT I a = n la - I.T kq Lot 5 13 3 alb y 61�100300 a 11 \ I 1` 5J731 WrE' AIL mt. 50. Fr. TV ff R9011D lJ76E S0. R. I I !I]Jt 50. R. ` 377EE50. R 'Rig IOr a 571J' sO. IT a 5C 1•. 5J75, 50. rr. I I evkD,G 175 3 "I ado IRACt 6: JOINT N DenEwNr I ,l 8 LI 0 f5 TRACI C: I I � ,gfNr USf D' OAIYEKAr\8 tz 8 .SnAWK Lot \ i I---,. (TO BE RCMO,£D) / I — —so 600Ji2 OE � woN 5&SEtSO. FT.. _.• R1 I 61900"'o I 1 A CRC. CVB SO! I RIM EL.506.12 RI I N. Wv. EL-300. 1 1 AD N 1 E 1 f1 E S. 1W.. EL-300.96 I ADS NY. .300.11 21 AOS S. rNV. I S. INY, EL•l02. 12 6- PVC) w. INV. I W. INV. EL-301,J7 (It ADS) 1 1 RIM-30a.43 BOq/1At2f - 7 LOT 7 ULWM2 n,: a-496.96 (F Pr) . N LINE TABLE •TRICE Al-. TABLE ll N®T3_.E TRACT B: 456i 50. R. L2 I&'M'45E 22.00 TRACT C: 456t so. ET. ACLLM CRC: CE B E0,m VERTICAL a2C, aEB BERM / 14:RT 50, 1 1 ' :RIM EL ti504.67 �6 it CPP RIM EL-504.57 JOr 0 C. IN.; .494.5 1 CPP RAN 14' CPP) CENTER CHANNEL S EL.495.11 14• CPP) N.E. INN EL-492.67 (a• PVC) W. INV. EL-495.J2 (24• CPP) 'W W. R 61994w� RIM EL-504 J2' I Ri$ VNDBTAINABI LOT 7 � FIX11+0 DXAX'ETE lR1lAM0/1 d/TAb(H (fM N EASE (iE9Im 11/10/06J NeFID AS BOA%61WK NUS SVR4EY PONI IA, ld09 fIEYADO`I: 314.979 US rEFT S.G. 1 92ND STREET J2 JJ- 5 4 4 ® 1 $� N. 1W.. EL.499.11 ((IS A05 S.W. INV E1-499.J! (li N RIM EL-504.63 CENTER CNANN 1 INV. EL-491.75 (Er PVC) 1 i V zl 4 RIM EL-501.34 W 57ALCNRE 1NCVMP I, Q NT "' OF SUREY a NO EKERfS AYARAB(E d. \ ,V FURA CUM]PER LpANOR R/ J J WLl19E W/ N/AOE N cAu O SITE BENCHMARK #1: 6 '?NCramer Northwest Inc. gN...-�.qHr/ VERTICAL DATUM.: VOTARY SEWER MANHOU LOCATED HAFE 36.0't B• INSTRUMENT USED: Cf001METER 600 ANO OR TRIMBLE 560J OR 200 NORTH AMERICAN VERTICAL DATUM OF 1966 FROM N.E. CORNER OF PARENT PARCEL O'�`.''01 x "OY"0' PER WASHINGTON COUNCIL OF COUNTY SURVEYORS RIM EL-503.57 U.S. FEET Cf., METHOD: TRAVERSE EXCEEDING REDUIREMENTS Or WAG M2-iJO-OM. Surveyors Planners & Engineers BENCHMARK: SITE BENCHMARK �2: 9 �: NDEXIH0 DATA: S.W. 1/4. S.W. 1/4, SEC. M. T. 2J NORTH, R. 5 EAST, WM WCCS SURVEY' POINT N0. 5609, DESCRIBED AS: SANIURi' SEWER MANHOLE LOCATEp 546'W 16. I't 945 N. CENTRAL, STE. N104, KENT, WA 98032 i irc A 4• d 4 CONCRETE MONUMENT W/ LE40 k TACK IN CASE FROM S.W. CORNER OF PARENT PARCEL (7i11A.5)-1RAn lM.�..11 0' �- DRAWN BY: DATE' JOB NO SET 0.65' BELOW OW- LOCI TED AT THE INTERSECTION RIM EL-505.45 U.S. FEET OF S.E. 192NO $)FEET AND 116TH AVENUE S.E. CONTOUR INTERVAL: MONUMENT IS THE S.W. CORNER OF SECTION JJ, rOWNSNIP 2J NORTH, RANCE 5 EAST, W.N. 1.00 U.S. FEET. ELEVATION. 314.," U.S. FEET (CONTOURS BASED ON ACTUAL nELO SURYE) o4oOL6 J.A.C. - rUd., Dec. 4, 2007 2006- 1 B6P R.4onTsA�°'` . . kAL LA7t0 CHECKED BY: SCALE: SHEET: EXPIRCS 01 22/200B O.B.N. I inch . 40 FT. 2 OF 2 TREE REPLACEMENT PLAN FOR BOB SINGH LOCATED IN THE S.W. 114, OF THE S.W. 1 /4, OF SECTION 33, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON LANDSCAPE CONSTRUCTION NOTES r. CnrR A iDNr ALL INQNr /OVIf M nr0 ODNM1 ADWRO(Mr. ALL 11M1n Igrot•O sWl iplgY PIIN nK R.N PD/xf, LMM rt M MxuU.vl RCuf�fxri �[a .rrO aYOswllnvt a soon. nrvfm Aro .wo owvriw o Au Aew Aw nw aNut unrtr(r ,wD art rc.rurtr rwDe m m;rrarcnD.. wn..aly rs xcrnsRat nw .vr ,�aarvrP Dwm a.ewo mnnRcnw. nu towr rv, a .r I rraD7 .r.-raia ' Di.R N Axcv ra rnvo® rvwY wreaR n r�rww .0 r.avr..at Kriurvv wlD.,c wm..Y..vuc nv+n*.ra rw waw .xn ,a.0 mare unsure Awry a /Raarr Mo rnertn nrMlvv'rIR A etrvr rfr MMt. wrr r ncn w mr a .... .ao✓Ieq nrm R < Mcvaa a rx.. awlDvn noa m r�.ra.r a .,.. . r.a, nuts rtir� (nraoao) . ta+ .via f.t . n p TREE PROTECTION NOTE: �rtcl �l r�No�ro r� TR££ IEG£ND: n t.,. r ex..,r vmw, fsw,rrt w n i w ��� mm M1a w`W.wrwc, Mmr1 I Yml w �v.rr.ec.... DCfw111 TREE �IIOTECTLON NO SCALE 1 Y�tn� c�'"Aa_oaorAm Yi^v i w�i`urii ruu.- rrr*ata Nw vv a rovn.e�a�ui �r rvwni.�miaaan omr.0 DRALLr Tl(2 rtwlrTlNO NO 6CAL I .rD Ulerl 411' unUtiW[v'(TfI slur°sos r r (— I� r III I r l I I , u I rl I ah• , a --- r TEY ®r suer sD I I I I sau � sr o;el��zo � � DI a P"rsi Ia.clu wr,. r I I I�:! umFli f' G ND K r'R i:. o 's EXHIB"T 7 CWIUC SCALE 1•�ao' 40 0 40 a, w OP BEARINGS: n[ J.r. /./. d Rt N, form✓Ml ,w41 �l �. r�traCal� xaTr er'tt'ar _ T1Lo)�slt�. 9aW1a o� M� •. sr�pr, NDTL9: LEGAL D£SCRIP"ON: !Ar alxvfaox wnA.xr¢ n rn`wr not r+��roaw wrcr s-rur_rxu tinmrRiro�. �r' �m�ro rye mrs.ur �u uccim n.wm'o.�'i wom�i. b) r., LUSD PILE N0. L09S006s LECCND: orD.P Qr..r U e WON FILL COPY z` a - REVISIC JUN I I IOU KC. 0.01.s. L07S006r SIGNIFICAI. : RETENTION AND STREET TREE PLAN IA-7S0053 - .22' INGRESS, EGRESS C815 22' INGRESS, EGRESS .AND UTILITY EASEMENT 5' iROY NWTNERN PL 22' INGREITLITY EGRESS I' EAST OF PL AND(PRIVATE) . hp6 IE•504.00 02.44' e1 95' e195' 5' PUBLIC ORNNAGE EASEVENT I' Y DDCN h06 II LOT 2 Ifltl 5696t So. n. T sll ro L01 5776soEI, 4 10' PUBLIC DRNNISE EASWENT _ L�6' 1 BHM LOT 3 Oj LOi 6 5800) So. fl. s1e9i So. R. 22 3 DEEM R� CBf 95' �.5• 'LC, U - 5113t LOT So.. R. B�f LOT 5 R I JOINT USE DRIVEWAY e' O 5773[ S0. ET. CBI6 ' IE•505.00 Gil 2/2 1 6' PRNATE Dtww.GE -L' A 1Dr.A.m.rnv mN M pm.c L�I .CBIe ENT .auDorrs .u. a °aa xr A ura IYw A'i01 /Amru 9.ntT a wtt INE c SD - R•i — O' RAr®w a TMICD IO .u[t OI M [Lue°lac rBvmrr , 9b ee. 41� � .. .. LIDO - JS+00 0-v 35I00 n<, cell ❑e n A„ . 7r„r 7, LANDSCAPE_PLANTING PLAN SCALEr 2BN01-0• NORTH BASE MAP FROM CRAMER NW, %ENT, WA. 6 SIGNIFICANT TREE RETENTION REO: VICINITY MAP NO -SCALE - Q NORTH ._ FEW S I w mr[41L Ym0 ¢Y {t• lw[aa.AADOBp IrnO1WL iAle .1-AYIII. vn vA11.WlTP FQI IIR O s-6 Q 2 H7HrT � LOT 7 \ 57791 so, R. \ 2 BEIM O � CB - /- w 2r LOT 6 LOT 9 s7732 S0. EI. 26370J So. 0 115¢�&ytpcell #Y S81 50 NO 2E.' �� PLANT A TAT LEGEND 41rr Tsr[re,•rr.r.YN..r � 2J. S••�aLa Yr.rr Nr� - ♦ mE 7 r.Yrwrt ��•r.rr )•� r.•-•Ik •Iw f1w4.YCrerW 1rW.�r/�.ys. SITE SPECIFIC NOTES: .."�'•..�'.r was: r��.�.d �� •r\ rr[.r• w.rrpea_ )•. 4.r[.r• Yr. a aTY.�re.r.r �..a..n.r.o..r>,m•r.a._ LANDSCAPE CONSTRUCnON'NOTES M (mlmmA. Mrrr •.+, rrr r•� 4ti.W v�Ir• ow[r nE�Yr_rr�.r I��Nr� rrn[_r_.rrq.Y[[4 •r-rw .r..yN [.r. [.mrrr.r.e.YY Tr_m.}vu•-W� y[.6 Ira)gY..•rlv{+rr l.•.l yr_errm)••K•► .)pt, LV p•J W IOLIA_ I`d� Irma+rr_.Y. PILL- `. _. I,�Nr. r••r+,+rM• M.•rti^ Mr•ruor`r.'~w �f►IIM•4 ,•Y LrrY�rr ••rywYrr. b •r•[►•MJ rr R••r WDD¢w ti.b+d.�:�. ter•. ._. °"�"...Y..-,.. ' �e•rrrr.•[.m.er rri.sWirrMrb.An, r.rr rJfdrr.Yn•r yr., rlrJlrmm°.�tl� �r'i�.u� Inpee• •v.•nNY•[�CO°6 Yf. sd ^dFHrr.nrvr4 ils�serae wlik`re. R�ryr_Yrm. 0.0wo 000eol ao -m aw,n ml vmWI 12caa)( W (wr 41Ome) :V ASPKkT PAD .Ara aruN 12vnra ® (NSOE hoax) 7v w mLRlla1 . a7.r m a IDJDI arun 6' TR)NSITION RWP nrm 6 MM QYlllf /F9A9 PO Cv) X .107 FlO L4CD. 6' OMMDJr AHQ AJ6 GTiEJi Cab °e T1.17 S. 6 LDE CB7 - m BLOC. CONDXVES ta.90 1 �0^ R TR-A TRACT A: ff RECREATION . iI DRAINAGE i 17241 SO. R NOTE;. 9, DL92Q7•.BIiBeT'L L FOR 00}.ID7271NIT5' 1. PARR DrMGN --_ �-- Ss'46•w.630-iS' p4 - p6 - - rYc sYY•.nr..� SO4 U . I L Ex. vwnck CONC. CURB brreea'[c D°¢�s.•v.•�' rr'pwYrM rrN Nar d•dr• • n•mrr..:-.+nvW�YArO+W..r. r2r "Parr""" � r'w+�rumr..�...�,r:•r'®rye � en -°••rs �reY_rsr•urdbr�•r rrrwrda r_•_Yr.tl 1.•a�.vmd4•,sr.:[.1.rr••ar••�a •A•r�r•_� �•NB^Y[ bdv rr rY v KC ODp pv raaaY rr�w.Y nr�l�,�y�r� �`v •~r•..Iw.YrFwr .iYr.•[r 1.r,•.,mrra...•Hrr,.d,,,. •eL rr u• ri_�en'i�draW R a THr •gramY �• • r„�a�nHH1.�.r.,a._.. •Y•ra.4�:a� •.,,r.r.rm.r..r, r.ra. rvdr • c+rW _.J_ra•. yWra•q.�•me s71 vbn �wi titi �w•h �m.�. m..rr w. mow..•...-.. w.,. d.r [�.-r�".r..°'i'..ri�.� m��„ Vim:-�.,.+.".-•-> mdr..r�e, H..d f� �.. I.m�dy io-r•r•-•. __r.. e.rvA ar�r r•• �..r+>+•r [�M bbrAPar aem •eYva•a..prm' rgaMma �rwr rr.dr....e. ,r _••H•r..«w r d, m r-• r... . .ulmr��r` wn w...�r�r.�wra.•W EXHIBIT 8 W >�. CB13 (moa O1pm1 ez73' 1 SI' rxmwt rnlwnorn 6 1 R. 91 ,YI o p.yA Ih �l0 1al ASPK47 DRIVEWAY 4B1 CB9 I le _ �I �--CURB RAUP SEE SO NOTE 2 ' `E.f — S1A 11+11.11; ROAO A drr,r�rr•rrr.�•rrr I,•/�\ S7A 204459,54. QOTN AvE, n r.r[Y�.•a..rr«;p.r..,,Yr.a;rw vlrY U. ssuN Wu. 50/.63 . °a)�•ewu,..Y. [.I..>err..lyd.rr r,rr•r,rrd�r _ IrrrrY4..r_rrr a_Yd w • r A•:AJ DD)) pwvl rlPur• [.. rr. . .wrrrra� �.rr [.•.,_ram •.. do «„[_.a. if i6tLi =rr' r.�r .dDDa1 R.rnYrra�v t, `N M p°,i..r.wdir. rr rq:bir:s 1TY Al.URTrM•rl� r d� .�.•�+.�.����.., eN... ran[) ..• F y i e E. Ar ro,�w .r n. wr o..N rw. 1 bj��Lr �'}y`iJFLE 1 r-r.nm.•irr[.•n [own ���� �^�Y=�1 J [,~ r•rs:v,`r.".a...�..r.•'✓rh.,.n_•.r,...rr......•....r......w t�{'f•{a� 12i iiE{ w.}rv.air �s'•a•slrrrrry �^rur nlw..s y.�E ip y; ji� leir+~.'K'r�,=[Cr�DF3ur_4r•_rr•v.rY. CwW..r ppf j�i�jt7F iJ •s••a..rrr.l ra. arirr..-r .��'i;¢F ti• l..m=s..Nrrv. �.Y•�rr.Yd Hmar�.v,4..a j ]a 2 [ `�mw reim •.�r•.i t.Wr,rcr'�� EJ `n='3 C.2lS t .,,;�r.::_a«rY...,..,�Y•r,_,.B,�r,.r.d_a..Y II(sil"�)=Rlyf� �`�4+•.`.,.r...r.r•a. �i.,�'.:`...�'.r�.•cr..rn ¢ i 3-! 7 {� � 313 F� } • r.�...._.r1-.,�.r..•-,....�,..�r- a6t�#�� �7Fj[71tgI-�� �rrav rc•Nj n.r.rs.. r:.r n. r-.n..r [L I�����i731d • A4.<Yr rr• •••erogs Y.•�rr[r_ eid..^r wWm.r4y s[,®DEC � ' �� rnr•.A E 4 [:Wfr)Yai.nr•NraaU[u.)A vdi.d.Yr •r;.rgp._r ry[�DDFJ.Ur •IrYWv�[•rur.m.r Wvp,a..e..,urpr � 1' }' um.o._ .•b•r mrNl r.a °..��..em.•.�-mow r :e A rax_am rr earBr.eo:reaa� �y _ I t j� d 2 r�,�,a�arw�..r•r.r,d..°°¢ � E• afal): +l f 3;t1 L07S 5 —RR FVICill — DEt L auchhn R Bethune Associates, Inc. ASI.A M•vr v.O7,wWr•[m•..�. Y••u f.ln a]YTv-n •�• lu>7uynrn 'AT DF W-04OWN BD3Lm— CORT),CLn ... - BOB SINGE PLAT 1]STH AA'ON[ HC rmro mvNrv. +•AaBv+c�on LO-7SO053 SIGNIFICANT TREE RETENTION AND STREET TREE PLAN JOB N0. C71M m [�,--]�o CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: For Agenda of: Dept/Div/Board.. Human Resources/ Risk September 14, 2009 Management Department Staff Contact...... Nancy Carlson Agenda Status Consent .............. bject: Public Hearing.. Correspondence.. Community Services Department re -organization Ordinance ............. effective January 1, 2009 Resolution............ Old Business........ hibits: New Business....... Study Sessions...... Issue Paper, Fiscal Costs, Classification Specifications, Information......... and Organizational Charts. Recommended Action: Approvals: Legal Dept......... Refer to Finance Committee Finance Dept...... Other ............... viscai impact: Expenditure Required... $4,788.00 additional cost Transfer/Amendment....... to be absorbed by 2009 salary and wages budget. Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Current and Proposed Title Current New Budget Grade Grade Change 2009 Golf Course Manager eliminated and reclassified to Parks and Golf Course Director (1 incumbent) m32 m38 $4,788.00 Parks Director eliminated and reclassified to Parks Planning and Natural Resources Director (1 incumbent) m38 m38 $0 Parks Maintenance Manager/City Forester eliminated and reclassified to Urban Forestry and Natural m32 m32 $0 Resources Manager (1 incumbent) Expenditure Required $4,788.00 The re -organization would create a new division within the Community Services Department called the "Parks Planning and Natural Resources Division." In addition, the "Parks Division" would be re -titled to "Parks and Golf Course Division." STAFF RECOMMENDATION: Approve reclassification for current employees only. There are sufficient funds in the 2009 budget for salary and wages to cover the additional cost of this re -organization and reclassification in 2009. If approved, the recommendation will be retroactive to January 1, 2009. HACLASSIFICATIMWORKING FILES\2009 Community Services Reorganization\2009 Agenda Bill_Comm Svcs Reorg.doc HUMAN RESOURCES AND RISK p City0f�O� MANAGEMENT DEPARTMENT M E M O R A N D U M DATE: August 24, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: ( Denis Law, Mayor FROM: Nancy A. Carlson, HR & RM Administrat *�? STAFF CONTACT: Janelle Tarasewicz, HR Analyst SUBJECT: Community Services Re -organization BACKGROUND AND SUMMARY The Community Services Department initiated a trial reorganization over a year ago. The intent was to: (1) plan for the future operations of the City and be able to respond effectively and with less resources, (2) combine like business divisions like the Golf Course and Parks, and (3) incorporate the City wide Urban Forestry Plan and use current qualified staff. This model has proven to work very well with a very small financial impact. The updated job descriptions allow the staff to provide better customer service and give a higher level of service to other departments in the City. If approved, the recommended re -organization and associated reclassifications contained in this report would be effective January 1, 2009. The re -organization would create a new division within the Community Services Department called the "Parks Planning and Natural Resources Division." In addition, the "Parks Division" would be re- titled to "Parks and Golf Course Division." This re -organization affects three classifications in the Community Services Department, as listed below. There are sufficient funds in the 2009 salary and wages budget to cover the additional cost of this re -organization in 2009. RECOMMENDATIONS Golf Course Manager (Non -Represented, grade m32): It is recommended to eliminate and reclassify to the newly created Parks and Golf Course Director classification, with a salary change to grade m38. HACLASSIFICATION\WORKING FILES\2009 Community Services Reorganization\2009 Executive Summary_Comm Svcs Reorg.doc Nancy A. Carlson Page 2 of 2 August 19, 2009 Parks Director (Non -Represented, grade m38): It is recommended to eliminate and reclassify to the newly created Parks Planning and Natural Resources Director classification, remaining in grade m38. Parks Maintenance Manager/City Forester (Non -Represented, grade m32): It is recommended to eliminate and reclassify to the newly created Urban Forestry and Natural Resources Manager classification, remaining in grade m32. h:klassiscation4orking files\2009 community services reorganization\2009 executive summary comet svcs reorg.doc 2009 Community Services Reorganization ADDITIONAL COSTS BEFORE RE -ORGANIZATION 'Job Title . AFTER RE -ORGANIZATION Job Title Salary i6:Nbn1e Ek160I6yc step .- Step Cost Kelly Beymer Golf Course Manager m32E $94,896.00 Parks Parks and Golf Course Director m38C $99,684.00 $4,788.00 Terrence Flatley Parks Maintenance m32E $94,896.00 Urban Forestry and Natural m32E $94,896.00 $0.00 Manager/ City Forester Resources Manager Leslie Betlach Parks Director m38E $110,028.00 Parks Planning and Natural m38E $110,028 .00T $0.00 es Director ITOTAL COST $4,788.00 1 2009 Cost Analysis —CS Reorg.x1s Cmty_Svcs Page 1 08/24/2009 r of � U � CLASS TITLE: PARKS AND GOLF COURSE DIRECTOR (01208) BASIC FUNCTION: Under the direction of an assigned supervisor, plan, orga maintenance and development of the City's parks and. oversee all activities related to the municipal golf cos;- course and facility improvement plans; hire, tr''I" performance of assigned staff. REPRESENTATIVE DUTIES: *Plan, organize, cool construction, and deve facilities, the municipal and landscaping/street projects as assigned. direct the operation, recreation facilities, long- and short-term �,;, and evaluate the operation, maintenance, and outdoor recreation tal improvement projects, and coordinate special Y!Mtant requirements; select consultants, I rental agreements with various facility f rs as required; administer contracts for idelines; assure that contracted services tively and that service standards are il lop, ze acid implement long and short-term improvement, 143i onal, business plans, for City's parks and outdoor recreation fact'i3i °a �d�� ices and the municipal golf course. Formulate plans for capit`„,p Fvements and administer work plans and budgets for approved projects; pect parks and outdoor recreation facilities for short- and long- range maintenance; provide information and other forms of input within area of responsibilities. *Establish division goals, objectives and priorities; set goals and performance criteria for sections within the division; monitor and measure attainment of objectives, goals and priorities and implement corrective actions in project phases and objectives as necessary. *Communicate and meet the City officials and administrators, the Park Commissioners, public and private organizations, boards and commissions, Parks and Golf Course Director - Continued Page 2 inter- and intra- departmental teams, agencies, citizens and contractors regarding parks outdoor recreation facilities, municipal golf course, operations, activities and programs; resolve issues and conflicts and exchange information. *Provide technical expertise, information and assistance to the Administrator, commissions, committees and other groups regarding assigned functions; assist as needed in the formulation and development of administrative policies, procedures and programs; advise the Adttlor of unusual trends or problems and recommend appropriate corre t, a iron. Assist in the preparation of the agenda in c�4' a=tic�nu�h�the Recreation and Facilities Directors for regular and spec" �l` „ e�.r` gs o1 h�P`-r Commissioners; represent the City and deliver oral ; e =n bons as nee e. ve on various v committees as required. *Coordinate, negotiate and resources the Parks M include rolling stock, assist in establishing a replacement program and needed.'"` *Plan, Haht�e a compliance_ ;p,jl upervrs incl tern ii�at proce :E subordi easeffihl§ h Fleet Manager or outside �d 32 nce an�a�Course fleet, requirements to all egd^fi ` oversee bid specifications, u ainten Pee program, annual fleet tet C;�/la 4 ager, and test equipment as rr a ,ital projects at Golf Complex. Assure an: licable laws, codes and regulations. ces and promotion of the Golf Complex. Hjn train, and evaluate the performance of assigned M rofes tonal, engineering, clerical and special projects staff, �` lect employees and recommend transfers, reassignment, 1�� d{ disciplinary actions in accordance with City policies and Ian, coordinate and arrange for appropriate training of resolve employee complaints and issues. *Prioritize, schedule and coordinate work projects with other City personnel, governmental agencies, private organizations and citizens groups; investigate and resolve public complaints about golf or parks employees, facilities, operations, services, and maintenance. *Direct the preparation of annual preliminary budget recommendations for the division; analyze and review budgetary and financial data; control assigned budget accounts; develop purchasing and budgetary policies and guidelines for Parks and Golf Course Director - Continued Page 3 the division; control and authorize expenditures in accordance with established limitations. *Organize and allocate division resources to provide optimum services in a timely and efficient manner Prepare, maintain, or direct the preparation statistical reports, policies and procedures, departmental operations, activities, budgets, committees and departmental goals and objf implementation and enforcement of the corn Plan and Trails Master Plan. �� 3 Assure the accuracy of accounting compliance with generally accepte j practices. Review the daily opera; �d disbursing. Prepare and review reventi9 and audit transactions, re Land rep 3 of fees and other reven 6` k Research sources of supI`�' p y maintain Golfinve discrepant'= Colla of a variety of narrative and records and files related to c r�tr ,s, insurance claims, R�y sist in development, e ensure Parks and Recreation ss, records, aid ' �, its and their ntin, budge# inciples and IN � tInents for cas eceipting and enditure analysis. Investigate �s,gsure fair and proper collection ct and price. Monitor and tory on computer, resolve entatives to ensure a good working nt scheduling with concessionaires. & valuate the parks and Golf Complex including all on a regular basis; correct any problems or deficiencies; City parks to determine work project requirements and Develop specifications, coordinate construction in the Golf Complex by others (contractors, other departments, agencies, etc); request bids and prepare RFP's for work to be performed; inspect completed work and work in progress to assure compliance with specifications and applicable laws, codes and regulations. Investigate and resolve complaints related to Golf Complex operations, services and course maintenance. *Promote the game of golf and the Golf Complex. Parks and Golf Course Director - Continued Page 4 Communicate with the City Attorney's office and Risk Management on claims, lawsuits, and other issues requiring legal counsel and assistance. Interpret and enforce a variety of policies, laws, regulations, codes and procedures regarding the operation and use of parks and recreation facilities and municipal golf course; assure compliance with established City and departmental policies and all applicable laws, codes, ruts, and procedures. *Maintain regular, reliable, and punctual atte R danvork flexible evening and/or weekend hours as required; ability to�tI'gquired. Perform related duties as assigned. *Denotes an essential function. KNOWLEDGE AND ABILITIES: KNOWLEDGE OF:¢ E • Modern principles an , ed t - `maintenance, renovation, planning and administra a ' f a p` nsi a municipal park program and outdoor reer n faciliti cl a�i� a� i ipal golf course. • Commu { d t�source"sues related to parks operations. r • City an $ sEiern301"My purch i policies, procedures and requirements. • Budee _,r;inment aiadcontrol. • pplicab`I�1"90 des¢ 2 I tNoi"s, policies and procedures. • I�r son l I<il using a wpatience and courtesy. me;� organization, operations, policies and objectives. Golf o`= nd r ki'op operations, policies, maintenance practices and ocedur cludinus of new technology and systems. g �� an.:tY regulations. •a=. r s and etiquette. • M actices. • Soil aid urf management; landscaping techniques and principles including the use of fertilizers. • Applications of specialized chemicals to control and eradicate weeds, insects and other pests. • Design, installation, maintenance and repair of irrigation systems. • Oral and written communication skills. • Principles and practices of supervision and training. • Bidding and contracting. • Operation of a computer and associated applications. Parks and Golf Course Director - Continued Page 5 ABILITY TO: • Plan, organize and direct the operation, maintenance and development of the City's comprehensive parks programs, services and outdoor recreation facilities, including the maintenance and operation of a municipal golf course. • Assist the Community Services Administrator and provide technical expertise regarding parks outdoor recreation facilities, the golf course, services, programs and operations. • Plan, develop and administer annual operating budgLAm and long-range Capital Improvement Programs related to parks and the ,.�,_-5plex. • Research, evaluate and determine present an aintenance needs. • Communicate effectively both orally and h „ I' . ON a, , • Read, interpret, apply and explain cod ate , y ,4 � _ ations, policies and procedures. • Establish and maintain cooperate , fective wor 111tiytionships with others. • Meet schedules and timelines. • Maintain records and prepare cjrisive narrative and statistical reports. • Supervise, train, and erform f assigned staff. • Prepare and deliver ora�� • Plan, develop organizes d s ro rams; administer contracts for services pr Eby outsi 1 a 104 • Develop77; t% coo , nai end maintain a golf course management plan . K • Evalu 4_," rohpai nance programs and make changes as the`tlf ®mplex'�cost effective manner. i,id ± initiative, make and implement decisions and solve roblem" 1 Wk in ith little direction. 1 ate a o z uter and associated applications. • %fr,%tgq�ar, reliable, and punctual attendance. EDUCATION ANINEXPERIENCE: Any combination equivalent to: bachelor's degree in parks and recreation, public administration or related field supplemented by specialized training in golf course management, as well as and five years increasingly responsible parks and recreation management experience including contract management and three years of supervisory experience. Parks and Golf Course Director - Continued Page 6 LICENSE AND OTHER REQUIREMENTS: Valid Washington State driver's license. Ability to obtain within one year of employment a first aid certificate issued by an authorized agency and CPR certificate. WORKING CONDITIONS: Work is performed in an office environment although some travel and night meetings are required. Established Date: February 1995 R c F B City of ,��� ��Y o O U d> WWP"_ s �c� o CLASS TITLE: PARKS PLANNING AND NATURAL RESOURCES DIRECTOR (XXXXX) BASIC FUNCTION: Under the direction of an assigned supervisor, plan, gr nize and direct the s development of the City s parks, outdoor recreation, urb; �''t and natural resource areas and facilities, and environmental and q, V._fth provement programs; maintenance of urban forest and natural resource �S, ise and evaluate the performance of assigned staff. REPRESENTATIVE DUTIES: *Plan, organize and direct the op City's urban forest and programs, capital im.a r maintenance. Vance and development of the and facilities, enivornmental In landscaping/street tree *Plan, organi� elop, Mi i1) ° - and short-range parks and environmei- rogra p, rvi ies including the Parks, Recreation, Open SS:R orestry Program, and other programs as z ' assigned; r ulat 1! %if Qr caps improvements and administer work plans and bud r ojects; analyze community needs and ' i n: Hate facilities and services. d�oeraahics fia ,ve o a rim nagement and property negotiations; ns; provide environmental coordination, nd pnentation for the department. *Evafuat s CH f to determine consultant requirements; select consultants, and ne , ,15te and administer contracts and agreements with various contractors and service providers as required; oversee and coordinate special projects; administer contracts for services according to established guidelines; assure that contracted services are provided efficiently and effectively. *Assist in legislative development for department and represent department at state and federal levels; represent department on regional issues relating to planning and development; participate in statewide planning efforts; negotiate Interlocal Cooperative Agreements and related contracts. *Prepare annual operating and capital budget as well as special budgets; direct the preparation of annual preliminary budget recommendations for the Parks Planning and Natural Resources Director - Continued Page 2 division; analyze and review budgetary and financial data; develop purchasing and budgetary policies and guidelines for the division; control and authorize expenditures in accordance with established limitations. *Organize and allocate division resources to provide optimum services in a timely and efficient manner; supervise and evaluate the performance of assigned staff, including professional, engineering, clerical and special projects staff; interview and select employees and recommend transfers, reassignment, termination and disciplinary actions; plan, coo ,r' ",,!e and arrange for appropriate training of subordinates. -" *Prepare, write, and administer grants, ty acquisitions and conversions, and policies and proce� a evelc P d ed implement the comprehensive Parks and Recreation,,Pi %d Trails Mas , Pion *Develop, implement, and enfti Fear' f policies, gulations and procedures for Parks, Recreation, `U\Ae,, and Trails, and Urban Forest areas as part of the City*i a Compr y� Plan; assure compliance with established Cit and de , N l tt.policie Y Prepare or direct the prep= tjiin of `i ative and statistical reports, presentations,r� ponde�c# records and files related to department .'i.s, acti�tt�e et ; ontracts, grants, insurance claims, Commit t 2 ;c deja Yriental go 's nd objectives. Assist in thE�rt \� A a for regular and special meetings of the 15 101 nhe City and deliver oral presentations as committees as required. rsthe development of management plans and operating an forest and natural resources areas. oats, objectives and priorities; set goals and performance within the division; monitor and measure attainment of objectives, goals and priorities and implement corrective actions in project phases and objectives as necessary. Communicate and meet the City officials and administrators, boards and commissions, public and private organizations, agencies, inter- and intra- departmental teams, citizens and contractors regarding parks and natural resource areas, urban forestry, outdoor recreation facilities, capital improvements, operations, activities and programs; resolve issues and conflicts and exchange information. Parks Planning and Natural Resources Director - Continued Page 3 Provide technical expertise, information and assistance to the Administrator, commissions, committees and other groups regarding assigned functions; assist as needed in the formulation and development of administrative policies, procedures and programs; advise the Administrator of unusual trends or problems and recommend appropriate corrective action. Communicate with the City Attorney's office and Risk Management on claims, lawsuits, property acquisitions and other issues requiring legal counsel and assistance. A141 *Maintain regular, reliable, and punctual at,�e��danq * work flexible evening and/or weekend hours as required; ability toy`'t�e�ired. Perform related duties as assigned. *Denotes an essential function. KNOWLEDGE AND ABILITIES: KNOWLEDGE OF: principles and Qplanning, development, and ark, urban forestry and natural s related to parks, outdoor recreation, anning and development. =ray negotiations. do parks and municipal lands and facilities. ment and completion, funding sources and related E RM.and -11 g er enta€€'purchasing policies, procedures and requirements. ilak-.Uet pla,'� : development and control. Aplr tiY' codes regulations policies and procedures. Inte'rp� ca �.1 skills using tact, patience and courtesy. Correct rglish usage, grammar, spelling, punctuation and vocabulary. Local governmental organization, operations, policies and objectives. Laws, codes, regulations and City policies governing the operation and use of parks and recreation facilities. ABILITY TO: • Plan, organize and direct the operation, maintenance and development of the City's urban forest and natural resource areas and facilities, enivornmental programs, capital improvement programs, and landscaping/street tree maintenance. 0 Provide direction in policy, operations, and planning. Parks Planning and Natural Resources Director - Continued Page 4 Provide technical expertise regarding parks and outdoor recreation facilities, urban forestry, services, programs and planning. Plan, develop and administer annual urban forestry and natural resources operating budget and long-range Capital Improvement Programs related to parks, outdoor recreation, urban foresty, environmental and natural resources areas. Provide environmental coordination, review, and implementation for the department. Research, evaluate and determine present and futuAn, planning needs. Prepare, submit and administer grant application y Communicate effectively both orally and in wa Read, interpret, apply and explain codes, {aauts&u eb ,r:.egulations, policies and procedures.rr xr Establish and maintain cooperativ N<< £effective working�rehotionships with others. pg� '• Analyze situations accurately an iwe course o action. Provide leadership and direction. c0P Meet schedules and ti I►¥ Resolve issues and cone' b c ange i 1, on. Prepare comprehensive try t,istic deports. Maintain reco , - nd pre mp; narrative and statistical reports. Supervise a the ,_�o'signed staff. Prepar oral tions, conduct meetings, and prepare corre ce, randu reports. Q� Adminiss y� vided by outside firms. PJUl�aiirlitam runctual attendance. Any administf recreation supervisory WORKING CONDITIONS: i parks and recreation, public asingly responsible parks and ianagement and three years of Work is performed in an office environment although some travel and night meetings are required. Established Date: June 1995 Revised: January 2009 Original Title: Parks Director FLSA: Exempt Bargaining Unit: Non Represented ioftb UtiSY �� CLASS TITLE: URBAN FORESTRY AND NATURAL RESOURCES MANAGER (03083) BASIC FUNCTION: Under the direction of an assigned supervisor, plan, supervise and administer the City's urban forestry, nat management programs, including development and i }' term plans, ordinance and policy development, a programs; supervise and evaluate assigne � ; W to pe%ncomprehensive maintenance program fort iy , treeslandscaped areas and flowers; revi ode 'elop <e beautification projects; prepare, proc " min budgets, contracts and construction p�t programs, and coordinate with AN WINNA'SNIN.- leet Maid e m` fleet. REPRESENTATIVE DUTIES: *Plan, includi programs * `c &y p develop, i ��{, guidelift regional pp, organize, manage, rces, and vegetation ation of short and long d.ucation and outreach end'riers; manage a spaceareas, street nt plan,,dscape and coordinate,<fp d supervise age chemical and irrigation maintenance of the Division andVYR I c' m lex capital and renovation projects, - ed to,-'! ,�mprehensive maintenance and forestry greet trek,. "; nd developments and landscape areas; RR"'k .. evaluate, update, implement, and manage ae try and natural resources plans; coordinate, duties with supervisory personnel for most effective ork in progress and upon completion. inize, and lead interdisciplinary teams, interdepartmental staff, community representatives, and external committees forestry and natural resources management programs, development and standards; serve on interdepartmental and *Coordinate with the Fleet Manager the maintenance of the Urban Forestry fleet, including rolling stock, large and small equipment; assist an annual fleet replacement program and budget, in coordination with the Fleet Manager; test and requisition trucks, and other large equipment. *Develop annual budget recommendations for urban forestry and natural resources programs, contracted services, flower programs, and urban forestry capital development, including materials, supplies and labor costs, major maintenance projects and capital equipment replacement and installation; Urban Forestry and Natural Resources Manager —Continued Page 2 develop equipment specifications and estimated replacement costs; control assigned budget accounts. *Assist in the selection process; train, supervise, manage, and provide direction to assigned maintenance personnel, professional staff, contractors, and volunteers; evaluate, discipline, and recommend for termination employees as appropriate in accordance with City policies and procedures. *Develop and conduct urban forestry and natural r aurces training for staff, NE volunteers, and regional and national audiences.'IA OVA , *Prepare, organize, and implement educatFt�ina i 1N, unteer programs for 11 professional staff, maintenance crews, n�ers, nee hood groups and others. �.. *Provide periodic training to development and safety, resolve *Direct and train pers design and make recoi selection of trees, grou *Plan schii £ i`' r new recomme'i da0i f s ew Ian dscape dw an r„ v modificatrg ¢P emphas l n job skills 6b aints and issues. care f� landscaped areas; coordinate M., r, are ` i"Ifli� landscaped including the \\etation. rt. an routine ground care; develop '.and technology. Review and approve e protection, and irrigation plans; design 0 110 coordinate work projects with other City personnel, 11 yivate organizations and citizens groups; investigate core, faints about City employees and facilities, street trees, landscaping. *DONl4"', fffications, best management practices, coordinate construction in parks�o�hers (contractors, other departments, agencies, etc); request bids and prepare RFP's for work to be performed; negotiate and process contract agreements, amendments and change orders through City Council or City administrative staff; inspect completed work and work in progress to assure compliance with specifications and applicable laws, codes and regulations. *Inspect and evaluate City parks to determine work project requirements and safety issues. *Research vendors for best source, price and quality of supplies, equipment and machinery; test and requisition equipment; purchase supplies as needed within established procedures and policies. Urban Forestry and Natural Resources Manager —Continued Page 3 *Prepare and maintain records and prepare reports of work accomplished and in progress, materials purchased and used, cost estimates, hazardous materials and safety records, and priorities of parks projects; review and approve receipts for merchandise purchased; prepare and monitor assigned budgets; prepare, assist with and write grants, policies and procedures. *Provide technical expertise, information and assistance to all City departments, commissions, committees, councils, t eral public and other groups; assist in the development of administies, procedures, and programs. „ �r. *Meet with the public, local and regi and others to effectively resolve str Provide educational support to natural resources. Prepare and the public for street tree planting arr ides; ; Sub" f and volunteers, rk tree scaping issues. carding tree ',veg tation, and pecificatior5�d permits to ice activities. *Develop and implere� �` preventive �3 tenance program for small y rI equipment; develop an e n _ n m r , control system for the UH distribution of equipment, " rri ii t d e icals. ry *Interpret ih, polio Tegu ions; remain current regarding applica s, rule x procedures; enforce City regulations regard r n f r ree tion, and site development landscape standards." ns (in maintenance management systems, control, and other programs applicable to City F *f ifndNO rgency and off -hour situations as required, especially storm administer first aid and CPR as needed. Participate on a variety of City committees, study groups and task forces; attend a variety of meetings including staff meetings as assigned; coordinate and participate in various training sessions, workshops and classes for individuals and employee groups. *Maintain regular, reliable, and punctual attendance; work flexible evening and/or weekend hours as required; ability to travel as required.. Perform related duties as assigned. Urban Forestry and Natural Resources Manager — Continued Page 4 KNOWLEDGE AND ABILITIES: KNOWLEDGE OF. • *Principles and practices of natural resources programs, including knowledge of the equipment and facilities required in a comprehensive natural resources program. • Principles and practices of maintenance, construction, repair and use of public buildings, grounds, and park facilities. • *General forestry management, park tree ma�AA ent and street tree management., `z . • *Advanced knowledge of horticultural a icultural practices and materials, and equipment, operations, and • *Soil science, turf management, botar ,^ tonolog, c�orestry. • *Landscaping techniques and pri ,c \..ih luding the '- fertilizers and approved methods of plantinc ring for hedges, tee rubs, lawns and flowers. r Y\ k • *Common plant diseases, pests ar7 a moved methods and materials used in their control a ication�; ��a • *Integrated Pest a g and Pani"11111 ��tealth Care principles and practices. �� " V • Application of specializeicalso ol'and eradicate weeds, insects and othere E x • *Desi n pis \ ai Ad , g �� � ��..�a d repair of irrigation systems. • *La nc 2lesig 1 plant • *Prope a ',08 ° � e'tals, t♦ Is and equipment used in grounds ma.ixttena a;l t�i" 9 IBM- work. policies and objectives. •5� *Budge thod practices. �►' al and 5 n communication skills. • c ple �, ctices, and techniques of office management, work o fion, pervision and training. • Interal skills using tact, patience and courtesy. • *Health and safety regulations • Bidding and contracting. • Operation of a computer and associated applications. • Flagging and traffic control. ABILITY TO: • *Plan, develop, organize, coordinate and implement comprehensive urban forestry and natural resources programs for City right-of-ways, parks, natural areas, and other publicly owned landscape areas. • *Read, interpret, and understand blueprints. Urban Forestry and Natural Resources Manager —Continued Page 5 • Instruct others in the proper use, methods, tools, materials and equipment used in urban forestry and natural resources maintenance. • *Train, supervise and evaluate personnel. • *Observe legal and defensive driving practices. • *Analyze situations accurately and adopt an effective course of action. • *Prepare, analyze, maintain, and utilize a variety of comprehensive reports and records. • *Communicate effectively both orally and in writing'. • Exercise judgment and initiative, make and im eFe _ decisions and solve problems. ps • *Meet schedules and timelines.Y" • *Work independently with little direction" • *Understand and follow oral and wri der ions. S • Establish and maintain cooperativ effective worki%sgtionships with �v others. • Operate a computer. • *Maintain regular, relia EDUCATION AND EXPERIENCE: *Any combination eq university with a, administration experience it u�rba administration aUrka accredited four-year college or ��e.g., forestry), business, public years of progressively responsible ;ement and maintenance, park one year supervisory experience. cense; a first aid certificate issued by an authorized within a reasonable time. Certified Forester or Work is primarily performed in an office environment, however, driving and some physical labor also required. * Denotes an essential function Established Date: August 1994 Revised: March 2001, September 2001, January 2008, January 2009 Original Title: Parks Maintenance Manager, Parks Maintenance Manager/City Forester FLSA: Exempt Bargaining Unit: Non Represented Recreation Director Jerry Rerecich Library Director Bette Anderson COMMUNrrY SERVICES DEPARTMENT Community Services Administrator Terry Higashiyama Community Resources & Funding Manager Bonnie Rerecich Community Relations & Events Coordinator Sonja Mejlaender Parks & Golf Course Director Kelly Beymer Human Services Manager Karen Bergsvik I Administrative Assistant Sandy Pilat Secretary II Secretary II Margaret Beitner H Gloria Gamba ISecretary II Diane Wagner Parks Planning & Natural Resources Director Leslie Betlach Museum Manager Elizabeth Stewart Facilities Director Peter Renner Cmtysvcs.opx Last Modified 08/18/2009 PARKS and GOLF COURSE DIVISION Parks and Golf Course Director Kelly Beymer Golf Course Operations Specialist Kathleen Ruff Golf Course Supervisor Golf Professional Parks Maintenance Supervisor Parks Maintenance Supervisor Stephen Meyers Michael Toll John Slaney Steven Brown Lead Golf Course Maintenance Worker Peter Frigard Assistant Golf Professional Lead Parks Maintenance Worker Parks Maintenance Worker III Lead Parks Maintenance Worker Lead Park Maintenance Worker Kirk Gleason Coulon Beach Dale Hall Ernest Flowers Jeff Nasset Dana Appel Golf Course Maintenance Worker III Parks Maintenance Worker III John Haake L Pro Shop Assistant Mark Berry Christopher Hughes Parks Maintenance Worker III Parks Maintenance Worker III Parks Maintenance Worker III Parks Maintenance Worker III Jon St llwell Judy Slaney Patricia Hunter David Peterson, Sr. Grounds Equipment Mechanic Parks Maintenance Worker III Parks Maintenance Worker ill David Van Sanfford Parks Maintenance Worker 111 Parks Maintenance Worker III Brian Suffia Darin Snow David Peterson, Jr Ken Ponder Parks Maintenance Worker III Parks Maintenance Worker III Parks Maintenance Worker 11 Larry Stevens Andrew Kubicek John Akedund Parks MaintenanceWorker II Parks Maintenance Maintenance Worker II Natash Hopk(ns fklerllParks Tamara p Michael Hall Parks Maintenance Worker II John Kritsonis Purrs PWraopx LastA'-" -d 08/11/2009 PARKS PLANNING and NATURAL RESOURCES DIVISION Parks Planning & Natural Resources Director Leslie Betlach Urban Forestry & Natural Resources Manager Capital Project Coordinator Terrence Flatley Todd Black Parks Natural Resouremopx Last Wdified 08/19/2009 CITY OF RENTON COUNCIL AGENDA BILL ai #: Submitting Data: Chief Milosevich For Agenda of: September 14, 2009 Dept/Div/Board.. Police Agenda Status Staff Contact...... Deputy Chief Marsalisi Consent .............. X Public Hearing.. Subject: COPS Hiring Recovery Program Award Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Grant Award Information......... Copy of Grant Application Recommended Action: Council Concur Approvals: Legal Dept ......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $1,644,972 Total Project Budget City Share Total Project.. $548,322 SUMMARY OF ACTION: Should the City Council accept the Federal COPS Hiring Recovery Program Grant Award of $1,644,972 to retain three police officer positions that are currently filled, but in unfunded status and fill three open police officer positions not filled due to the economy. STAFF RECOMMENDATION: • Accept Federal COPS Hiring Recovery Program Grant Award • Reinstate four previously funded police officer positions • Authorize funding for two of the three previously unfunded positions • Mayor and City Clerk be authorized to sign the agreement POLICE DEPARTMENT p Q�f0� M E M O R A N D U M DATE: August 24, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: ,jfi Denis Law, Mayor FROM: Chuck Marsalisi, Deputy Chief STAFF CONTACT: Chuck Marsalisi, Deputy Chief (ext. 7567) SUBJECT: Acceptance of Federal COPS Hiring Recovery Program Grant Award ISSUE: Should the City Council accept the Federal COPS Hiring Recovery Program Grant Award of $1,644,972, to retain three police officer positions that are currently filled, but in unfunded status, and fill three open police officer positions that were not filled due to the economy. BACKGROUND: As of January 2009, the Police Department's authorized strength was 124 commissioned positions. Three of these positions were considered "over hire" positions, which were unfunded in the budget but funded through salary savings because of military deployments. In late 2008, the current economic situation made it evident that filling vacant positions required scrutiny. As a result of anticipated shortages, the three unfunded (but traditionally filled) positions were frozen and went unfilled. In addition, another fully funded position vacancy was left unfilled. Due to continued economic issues and priorities of service, the Renton Police Department discontinued the School Resource Officer Program in June 2009. This eliminated three School Resource Officer positions, bringing the overall total losses of commissioned positions to seven. The Renton Police Department submitted an application to the Federal COPS Hiring Recovery Program Grant Program, requesting funding to maintain the seven positions that were no longer funded, frozen, or eliminated. In July, the City received notification that they have been awarded six positions, for a three year period, for a total grant award of $1,644,972. If the City accepts the award, the City will be obligated to Renton City Council Page 2 of 2 August 24, 2009 maintain the six positions for one year beyond the grant period, which will begin in late 2012. RECOMMENDATION: The Police Department recommends that the City Council approve acceptance of the Federal COPS Hiring Recovery Program Grant, reinstate the four previously funded police officer positions, and authorize funding for two of the three previously unfunded positions. It is also recommended that the Mayor and City Clerk be authorized to sign the agreement. Nf "s, U.S. Department of Justice 0 Office Of Community Oriented Policing Services (COPS) Grants Administration Division 1100 Vermont Avenue, N.W. Washington, DC 20530 August 14, 2009 Dear. Colleague: We recently notified your agency of its receipt of a COPS Hiring Recovery Program (CHRP) grant, and mailed you an award package which contained both your official Award Document for acceptance and two financial documents. As mentioned in a recent e-mail to your agency, it has come to our attention that, due to a technical error, we may have inadvertently mailed out an incorrect Financial Clearance Memorandum (FCM) and/or Final Funding Memorandum (FFM). The total award amount as indicated on the original FCM is correct; however, the amounts listed for base salaries and fringe benefits were unintentionally reversed. Additionally, in some cases the FFM does not include the correct FICA (Social Security) amounts approved by our office. Therefore, we are enclosing two revised financial documents for your review. Please discard the original FCM and FFM that were mailed to your agency and use the enclosed documents (which reflect "Revised" at the top) for your official records. . Once again, we apologize for any confusion these errors may have caused your agency. Please be assured that despite the typographical errors described above, the total award amount listed on both financial documents is accurate, and this will have no impact on. the amount of funding that was awarded as indicated on. the Award Document.. As a rem inder, to officially accept your grant, the Award Document must be signed and returned to the COPS Office within 90 days of the date listed on the congratulatory letter include i r award .package. with you package. WO thank You for your continued support of the COPS Office and its programs. if you have additional questions regarding this. letter. or the CHRP grant program in. general, pleasedo not hesitate to contact the COPS Office Response Center at 800.421.6770., Sincerely, AndrewA. Dorr Assistant Director for Grants Administration Enclosures x U.S. Department of Justice Community Oriented Policing Services (COPS) 3r �; w 4� Grants Administration Division COPS Hiring Recovery Program �x Ha 1100 Vermont Avenue, NW Washington, DC. 20530 MEMORANDUM To: Chief Kevin Milosevich Renton, City of From: Andrew A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Recovery Program (CHRP) Final Funding Memorandum Revised on August 5, 2009 The COPS Office. has completed the financial analysis of your agency's budgeted costs. This Final Funding Memorandum (FFM) reflects your agency's final approved officer salary and fringe benefit categories and approved salary and benefits amounts. Please note that the salary and benefit costs requested in your original application may have been updated or corrected from the original version submitted to COPS based on communication with your agency. Therefore, you should carefully review this FFM, as your agency will only be reimbursed for the approved cost categories that are shown within this document. OJP Vendor #: 911484230 ORI #: WA01713 Grant #: 2009RKWX0883 DUNS#: 092278894 Full -Time Sworn Officer Information Current First Year Entry -Level Base Salary for One Sworn Officer Position: $54216.00 Fringe Benefits Cost Additional Information Social Security: $3361.00 Exempt: 0 Fixed Rate: 0 Medicare: $786.00 Exempt: 0 Fixed Rate: 0 Health Insurance: $19306.00 Life Insurance: $246.00 Vacation: $5005.00 Number of Hours Annually: 192 Sick Leave: $2502.00 Number of Hours Annually: 96 Retirement: $2960.00 Worker's Comp: $0.00 Exempt: 1 Unemployment Ins: $0.00 Exempt: 1 Other: Worker's Compensation - Describe: City of Renton is self -insured for workers comp Other: Unemployment - Describe: The City of Renton is self -insured for unemploymen Other: - Describe: Total Current First Year Entry -Level Benefits for One Sworn Officer Position = $34166.00 Total Yearl Salary $ + Total Year 1 Benefits = $88382.00 Total Year 2 entry-level salary for one sworn officer position: $58800.00 Total Year 2 entry-level benefits for one sworn officer position: $30570.00 Total Year 3 entry-level salary for one sworn officer position: $63432.00 Total Year 3 entry-level benefits for one sworn officer position: $32978.00 REPRINT _ U. S. Department of Justice Community Oriented Policing Services Grants Administration Division COPS Hiring Recovery Program 1100 Vermont Avenue, NW Washington, DC 10530 Memorandum To: Chief Kevin Milosevich Renton, City of From: Andrew A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Recovery Program Financial Clearance Memo OJP Vendor #: 911484230 ORI #: WA01713 DUNS #: 092278894 Grant #: 2009RKWX0883 Total Number of Full Time Officers Funded 6 Costs Per Officer: $274,162.00 Total Cost: $1,644,972.00 New Hires: 3 Rehires- Pre -Application Layoffs: 0 Rehires- Post -Application Layoffs: 3 Budget Category Proposed Budget Approved Budget Adjustments Disallowed/Adjusted - Reasons/Comments Full Time Officer Salary $1,058,688.00 $1,058,688.00 $0.00 Full Time Officer Fringe $586,284.00 $586,284.00 $0.00 Benefits Officer Salary and Fringe Benefits for Three Years $1,644,972.00 $1,644,972.00 $0.00 Total CUPP Funding for 6 Officers $1,644,972.00 $1,644,972.00 $0.00 Total CHRP Funding for 6 Officers Federal Share: $1,644,972.00 Cleared Date: 6/29/2009 Overall Comments: A financial analysis of budgeted costs has been completed, and this Financial Clearance Memorandum reflects the amount of COPS Hiring Recovery Program funds awarded to your agency for officer salaries and approved benefits. Please note that the salary and benefit costs requested in your original application may have been updated or corrected from the original version submitted to COPS. You should carefully review your Final Funding Memo (FFM), which is enclosed in your award package. The FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. You will note that some costs may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories that are documented within the FFM up to the amounts specified in this Financial Clearance Memorandum. —"'A. U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Office of the Director 1100 Vermont Avenue, N. W. Washington, DC 20530 July 28, 2009 Chief Kevin Milosevich Renton, City of 1055 South Grady Way Renton, WA 98057 Re: COPS Hiring Recovery Program Grant # 2009RKWX0883 ORI#: WA01713 Dear Chief Milosevich: Once again, I would like to congratulate you on receiving a COPS Hiring Recovery Program (CHRP) award. Your award is for 6 officer positions and $1,644,972 in federal funds over a three- year grant period. Your agency may now begin hiring or rehiring officers to fill CHRP grant -funded positions. Enclosed in this package is your grant award. The Award Document must be signed and returned to the COPS Office within 90 days to officially accept your grant. The Frequently Asked Questions (FAQ) document included in this package should be helpful in answering any questions you may have about accepting your award, or requesting additional time to do so. Beginning on the reverse side of your Award Document, you will find a total of three pages of CHRP Grant Terms and Conditions. You should read and familiarize yourself with all 16 terms and conditions that apply to your CHRP award. A supplemental online award package for CHRP grantees can be found at http://www.cops.usdoi.gov/Default.asp?ltem=2271. We strongly encourage you to visit this site immediately to access a variety of important and helpful documents associated with your award, including the CHRP Grant Owner's Manual, which specifies the terms, conditions, and requirements of your grant. Also, within a few weeks you should receive an important package from the Office of the Chief Financial Officer, Office of Justice Programs, which will contain the forms and instructions necessary to begin drawing down funds for your grant. As mentioned at the time of announcement, each CHRP application was subject to a thorough review, and some of your application information may have been updated or corrected from the original version submitted to COPS. If you have not yet done so, please access your application at http://www.cops.usdoi-gov/Default.asp?ltem=464, and print and maintain a final copy for your records (if you are unable to print a copy of your application, please contact the COPS Office at 800.421.6770). The Financial Clearance Memorandum (FCM) and Final Funding Memorandum (FFM) included in this package reflect allowable costs and amounts under your award. The FCM specifies the amount of COPS Hiring Recovery Program funds awarded to your agency for officer salaries and approved benefits, while the FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. Please review both documents carefully, as your agency may only be reimbursed for the amounts and approved cost categories indicated. As a reminder, under CHRP all positions awarded (or an equal number of veteran officers) must initiate or enhance community policing in accordance with the community policing plan as described within Section 5 of your application. If for any reason your agency finds that your community policing plans have significantly changed from those outlined in your application (e.g., because you received fewer officers than originally requested and thus must alter the scope of your community policing plans), please revise the plan accordingly and submit it to the COPS Office for review and approval. You should also contact the COPS Office if, for any reason, you need to modify your grant award. This includes any reallocation of your awarded positions across the three primary hiring categories (i.e., new hires, rehires of officers laid off pre -application, and rehires of officers laid off or scheduled to be laid off post -application). As explained at the time of grant application, there are significant reporting requirements on the use of CHRP funds. In addition to quarterly financial and programmatic progress reports submitted to the COPS Office, CHRP grantees are also required to submit quarterly Recovery Act reports within 10 days after the end of each calendar quarter to www.FederalReporting`gov. These Recovery Act reports will be made available to the public on www.Recovery.gov. All grantees must be registered as authorized users prior to submitting reports to www.FederaiReporting.gov. The registration function on www.FederaiReporting.gov will be available no later than August 26, 2009. Please note that registration with this website also requires users to be registered with the Central Contractor Registration (CCR) and have a Dun & Bradstreet Data Universal Numbering System (DUNS) number. Registering with CCR and obtaining a DUNS number take additional processing time, so your agency should take immediate steps to meet these requirements in advance of registration with www.FederaIRUorting_gov. For additional information on CCR and DUNS, please refer to the CHRP Grant Owner's Manual at http://www.cops.usdoi.gov/Default.asp?ltem=2270. Finally, please remember that grantees must retain all swom officer positions awarded under the CHRP grant for a minimum of 12 months following the 36-month federal funding period. The retained CHRP-funded position(s) should be added to your law enforcement budget with state and/or local funds, over and above the number of locally -funded positions that would have existed in the absence of the grant. In your CHRP grant application, your agency was required to affirm that it plans to retain the additional officer positions awarded following the expiration of the grant, and to identify the planned sources of retention funding. If, during the life of the grant, you have questions regarding the retention requirement or your retention funding sources, please contact the COPS Office for assistance. Once again, congratulations on your CHRP award. If you have any questions about your grant, please do not hesitate to call the COPS Office Response Center at 800.421.6770. Sincerely, JA&_4��7 . David M. Buchanan Acting Director TT Q "e ertment of Justice Wented Phi I!. V. jij;j;i:1j11jqr�i 1 #0 IV IRK 1,11, Ad M"-inistraAl� ision —SOPS H-iring Rew_vp Ogr � IIIrippi,-, Pr - lIlil 1 1 OF W Twastiry Ac� 1549 51� PI:. zg�lllllllIIII 2009RKWXO&83 WAffB[3--- t Pplican ffiilfilllltegal'fame.' ReAng-071WO OJP Vendor #: 91148423.Q Law,.,Ubwnient� 1ecutlye: Chief Kevin Milosevich '16A 0�6es 1055.1 0 jp� jr1l. It I ;I Rent, NEUII hl d —1-1 -tump — -II LIIUIII, 1jj I Telephone: (425A~ ji: � 11 WE "or L m Mwrnment 1 1 '1 nis aw 44: P ress: 1055 South Grady"Way Renton WA280 de: k e: (4 2 5) W__:A A ji; e one Fox: (42AW1 WAS Owlqlop�jl gif 07 N111111111111 11l11 �jlllj ar 9, alm AT & Arm w m am IWO 1111start 1) IWANO ill t 1:i1`i'_Ej �at e-6/34"b"] 11111i' yjrjj Time Officers Funded: 6. 10 A4mXA"4 Lay am, �IIIIIVIIIIIIIIIbill by all 16, Grant P, INII N b I'lik, Ni° ��I���IiImuIIIB��IIC �I611I����' ��NIIII� IN cd Y&0 4,1'110 s oP,!.;.t %e resets itie,66 fli, A 3 PIPART" d U. S. Department of Justice Office of Community Oriented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions By signing the Award Document to accept this COPS Hiring Recovery Program (CHRP) grant, the grantee agrees to abide by the following grant terms and conditions. 1. The grantee agrees to comply with the terms and conditions in this COPS Hiring Recovery Program Grant Owner's Manual; COPS statute (42 U.S.C. §. 3796dd, et seq.); 28 C.F.R. Part 66 or 28 C.F.R. Part 70 as applicable (governing administrative requirements for grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A-87), 2 C.F.R. Part 220 (OMB Circular A-21), 2 C.F.R. Part 230 (OMB Circular A-122) and 48 C.F.R. Part 31.000 et seq. (FAR 31.2) as applicable (governing cost principles); OMB Circular A- 133 (governing audits); American Recovery and Reinvestment Act (Recovery Act) of 2009, P.L.111-5; representations made in the COPS Hiring Recovery Program grant application; and all other applicable program requirements, laws, orders, regulations, or circulars. 2. The grantee agrees to comply with the Assurances and Certifications forms that were submitted as part of its COPS Hiring Recovery Program application. 3. The funding under this project is for the payment of approved full-time entry-level sworn officer salaries and fringe benefits over three years (for a total of 36 months of funding) for new or rehired additional, career law enforcement officer positions, hired on or after the award start date. The Financial Clearance Memorandum included in your award packet specifies the costs that the grantee is allowed to fund with your CHRP award. It will also describe any costs which have been disallowed after review of your proposed budget. The grantee may not use CHRP funds for anything not identified as allowable in the Financial Clearance Memorandum. 4. CHRP grant funds may not be used to replace state or local funds (or, for tribal grantees, Bureau of Indian Affairs funds) that would, in the absence of federal aid, be made available for hiring and/or rehiring full-time career law enforcement officer positions. 5. At the time of grant application, the grantee committed to retaining all CHRP officer positions awarded with state and/or local funds for a minimum of 12 months at the conclusion of 36 months of federal funding for each position, over and above the number of locally -funded positions that would have existed in the absence of the grant. You cannot satisfy the retention requirement by using CHRP positions to fill vacancies from attrition. 6. The grantee may request an extension of the grant award period to receive additional time to implement the grant program. Such extensions do not provide additional funding. Only those grantees that can provide a reasonable justification for delays will be granted no -cost extensions. Reasonable justifications may include delays in hiring COPS -funded positions, officer turnover, or other circumstances that interrupt the 36-month grant funding period. An extension allows the grantee to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension requests must be received prior to the end date of the award as extension requests received after an award has expired will be approved only under very limited circumstances. 7. During the CHRP grant award period, it may become necessary for an agency to modify its CHRP grant award due to changes in an agency's fiscal or law enforcement situation. For instance, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category or reduce the total number of positions awarded. Grant modifications under CHRP are evaluated on a case -by -case basis. All modification requests must be approved, in writing, by the COPS Office prior to their implementation. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. 8. The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hiring Recovery Program. The grantee agrees to cooperate with the monitors and evaluators. 9. To assist the COPS Office in the monitoring of your award, the grantee agrees to submit quarterly programmatic progress reports and quarterly financial reports in addition to any reports required by the Recovery Act. The grantee also agrees to submit all requested reports in a timely manner. 10. The COPS Office performs various functions to ensure compliance with all grant requirements, to assess the. implementation of community policing in awarded jurisdictions, and to provide technical assistance to grantees. Grant monitoring activities are routine during the grant period and may occur up to three years following the official closure of the grant award. These functions, and others, often require the production of grant -related documentation and other materials. As a COPS. CHRP grantee, you agree to cooperate with any such requests for information. 11. The grantee agrees to comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E). For assistance, grantees should consult the Office of Justice Programs, Office for Civil Rights website at Nvww.oip.usd.oi.gov/about/ocr/ceop,htm. 12. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. 13. All newly hired, additional officers (or an equal number of redeployed veteran officers) funded under CHRP must engage in community policing activities. Community policing activities to be initiated or enhanced by the grantee were identified and described in your CHRP grant application, with reference to each of the following elements of community policing: a) community Page I of 3 U. S. Department of Justice Office of Community Oriented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions partnerships and support; b) related governmental and community initiatives that complement the grantee's proposed use of CHRP funding; and c) how the grantee will use the funds to reorient its mission or enhance its commitment to community policing. 14. Grantees that provide law enforcement services to another jurisdiction through a contract must ensure that officers funded under this CHRP grant do not service the other jurisdiction, but will only be involved in activities or perform services that exclusively benefit the grantee's own jurisdiction. Grantees cannot use CHRP funds to pay for a contract to receive law enforcement services from another agency. 15. False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debarment from participating in federal grants or contracts, and/or any other remedy available by law. 16. The grantee understands that the COPS Hiring Recovery Program is funded through the American Recovery and Reinvestment Act (Recovery Act) of 2009 and agrees to comply with the extensive accountability and transparency requirements on the use of Recovery Act funds: (A) Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subreci ip ents (1) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (Recovery Act) as required by Congress and in accordance with 28 C.F.R. 70 "Uniform Administrative Requirements for Grants and Agreements for Institutions of Higher Education, Hospitals and Other Non -Profit Organizations" and 28 C.F.R 66 "Uniform Administrative Requirements for Grants and Agreements for State and Local Governments," the recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds. (2) For a recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," the recipient agrees to separately identify the expenditures for federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-133. This shall be accomplished by identifying expenditures for federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number,and inclusion of the prefix "ARRA-" in identifying the name of the federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC. (3) The recipient agrees to separately identify to each sub -recipient (if any) and document at the time of sub -award and at the time of disbursement of funds, the. federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information famished to sub -recipients shall distinguish the sub -awards of incremental Recovery Act funds from regular sub -awards under the existing program. (4) The recipient agrees to require their sub -recipients (if any) to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor sub -recipient expenditure of Recovery Act funds as well as oversight by the Department of Justice, Office of the Inspector General and Government Accountability Office. (B) Recipient Reports and Central Contractor Registration (1) The recipient agrees to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (2) The reports are due no later than.ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (3) The recipient and their first -tier recipients (if any) must maintain current registrations in the Central Contractor Registration. (www.cer.gov) at all times during which they.have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (4) The recipient shall report. the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at www.FederaiReporting.gov and ensure that any information that is pre -filled is corrected or updated as needed. (C) Data Elements of Recipient Reports In accordance with section 1512(c) of the Recovery Act; the recipient agrees that not later than 10 days after the end of each calendar quarter, each recipient that received Recovery Act funds from a federal agency shall submit a report to that agency that contains — (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including (a) the name of the project or activity;. (b) a description of the project or activity; Rage 2 of 3 U. S. Department of Justice Office of Community Oriented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions (c) an evaluation of the completion status of the project or activity; (d) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (e) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on subcontracts or subgrants (if any) awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. These reports are in addition to other financial and programmatic reports required by the COPS Office. (D) Access to Records and Interviews The recipient agrees that the Department of Justice (DOJ) and its representatives (including COPS and the Office of the Inspector General (OIG)) and the Government Accountability Office (GAO) shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award. The recipient also agrees that DOJ and the GAO are authorized to interview any officer or employee of the recipient regarding transactions related to this Recovery Act award. (E) Reporting Potential Fraud. Waste. and Abuse, and Similar Misconduct The recipient agrees to promptly refer to the Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor, or other person has submitted a false claim under .the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. The OIG may be contacted at OIG.hotline&usd_ooi.eov, www.usdoj.gov/oig/FOIA/hotline.htm, and 800.869.4499. (F) Protecting_ State and Local Government and Contractor Whistleblowers The recipient agrees that the Recovery Act provides certain protections against reprisals for employees of non-federal employers (state and local governments or private contractors) who disclose information to federal officials reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. (G) Separate Tracking and Repotting of Recovery Act Funds and Outcomes The recipient agrees to maintain accounting systems and records that adequately track, account for, and report on all funds from this Recovery Act award.(including officers hired, salaries and fringe benefits paid, and the number of jobs created and jobs preserved) separately from all other funds (including other COPS and federal grants awarded for the same or similar purposes): (H) Additional Requirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future COPS (including government -wide) guidance and clarifications of Recovery Act requirements. Page 3 of 3 U.S. Department of Justice Community Oriented Policing Services (COPS) Grants Administration Division COPS Hiring Recovery Program 1100 Vermont Avenue, NW Washington, DC 20530 MEMORANDUM To: Chief Kevin Milosevich Renton Police Department From: Andrew A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Recovery Program (CHRP) Final Funding Memorandum The COPS Office has completed the financial analysis of your agency's budgeted costs. This Final Funding Memorandum (FFM) reflects your agency's final approved officer salary and fringe benefit categories and approved salary and benefits amounts. Please note that the salary and benefit costs requested in your original application may have been updated or corrected from the original version submitted to COPS based on communication with your agency. Therefore, you should carefully review this FFM, as your agency will only be reimbursed for the approved cost categories that are shown within this document. OJP Vendor #: 911484230 ORI #: WA01713 Grant #: 2009RKWX0883 DUNS#: 92278894 Full -Time Sworn Officer Information Current First Year Entry -Level Base Salary for One Sworn Officer Position: $54216.00 Fringe Benefits Cost Additional Information Social Security: $2502.00 Medicare: $786.00 Health Insurance: $19306.00 Life Insurance: $246.00 Exempt: 0 Fixed Rate: 0 .Exempt: 0 Fixed Rate: 0 Vacation: $5005.00 Number of Hours Annually: 192 Sick Leave: $2502.00 Number of Hours Annually: 96 Retirement: $2960.00 Worker's Comp: $0.00 Exempt: 1 Unemployment Ins: $0.00 Exempt: 1 Other: Worker's Compensation - Describe: City of Renton is self -insured for workers comp Other: Unemployment - Describe: The City of Renton is self -insured for unemploymen Other: - Describe: Total Current First Year Entry -Level Benefits for One Sworn Officer Position = $34166.00 Total Yearl Salary $ + Total Year 1 Benefits = $88382.00 Total Year 2 entry-level salary for one sworn officer position: $58800.00 Total Year 2 entry-level benefits for one sworn officer position: $30570.00 Total Year 3 entry-level salary for one sworn officer position: $63432.00 Total Year 3 entry-level benefits for one sworn officer position: $32978.00 U. S. Department of Justice Community Oriented Policing Services o ^Q a r Grants Administration Division COPS Hiring Recovery Program 1 /00 Vermont Avenue. NW Washington, DC 20530 Memorandum To: Chief Kevin Milosevich Renton, City of From: Andrew A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Recovery Program Financial Clearance Memo OJP Vendor #: 911484230 ORI #: WA01713 DUNS #: 092278894 Grant #: 2009RKWX0883 Total Number of Full Time Officers Funded 6 Costs Per Officer: $274,162.00 Total Cost: $1,644,972.00 New Hires: 3 Rehires- Pre -Application Layoffs: 0 Rehires- Post -Application Layoffs: 3 budget Category Proposed Budget Approved Budget Adjustments Disallowed/Adjusted - Reasons/Comments Full Time Officer Salary $586,284.00 $586,284.00 $0.00 Full Time Officer Fringe $1,058,688.00 $1,058,688.00 $0.00 Benefits Officer Salary and Fringe Benefits for Three Years $1,644,972.00 $1,644,972.00 $0.00 Total CURP Funding for 6 Officers $1,644,972.00 $1,644,972.00 $0.00 Total CHRP Funding for 6 Officers Federal Share: $1,644,972.00 Cleared Date: 6/29/2009 Overall Comments: A financial analysis of budgeted costs has been completed, and this Financial Clearance Memorandum reflects the amount of COPS Hiring Recovery Program funds awarded to your agency for officer salaries and approved benefits. Please note that the salary and benefit costs requested in your original application may have been updated or corrected from the original version submitted to COPS. You should carefully review your Final Funding Memo (FFM), which is enclosed in your award package. The FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. You will note that some costs may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories that are documented within the FFM, up to the amounts specified in this Financial Clearance Memorandum. Application for Federal Assistance SF-424 Version 02 OMB Number: 4040-0004 Expiration Date: 01/31/2009 1. Type of Submission: Preapplication Q Application Changed/Corrected Application 2. Type of Application: If Revision, select appropriate letter(s) ❑X New F1 Continuation Other (Specifty) Revision 3. Date Received : 4/8/2009 4. Applicant Identifier: WA01713 5a. Federal Entity Identifier: 5a. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: a. Legal Name: Renton, City of b. Employer/Taxpayer Identification Number (EIN/TIN): c. Organizational DUNS: 916001271 092278894 d. Address: Street 1: 1055 S Grady Way Street 2: City: Renton County: State: WA Province: Country: Zip / Postal Code: 98057 le. Organizational Unit: Department Name: Division Name: Renton Police Department Administrative Services Division f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. First Name: David Middle Name: Last Name: Skelton Suffix Title: Sergeant Organizational Affiliation: Admin Services Division Telephone Number: 4254307515 Fax Number: 4254307505 Email: dskelton@rentonwa.gov Application for Federal Assistance SF-424 Version 02 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: Other (Specify): 10 Name of Federal Agency: Office of Community Oriented Policing Services 11. Catalog of Federal Domestic Assistance Number: CFDA # = 16.710 CFDA Title: Public Safety Partnership And Community Policing Grants t Funding Opportunity Number: COPS-CHRP-2009-1 Title: CHRP 13. Competition Identification Number: Title: COPS Hiring Recovery Program 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Renton, WA 15. Descriptive Title of Applicant's Project: COPS Hiring Recovery Program Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: a. Applicant: WA008 b. Program/Project: CHIRP 17. Proposed Project: a. Start Date: 9/1/2009 b. End Date: 9/1/2012 18. Estimated Funding ($): a. Federal 1919134 b. Applicant c. State d. Local e. Other f. Program Income g. TOTAL 1919134 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. ac. Program is not covered by E. O. 12372 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) rl Vac n N„ u U 21. 'By signing this application, I certify (1) to the statements contained in the list of certifications— and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) By clicking this box and typing my name below, I also certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. El IAGREE "" The certifications and assurances as well as grant terms and conditions can be reviewed at www.cops.usdoj/????. Authorized Representative: Prefix: Mr. First Name: Kevin Middle Name: Last Name: Milosevich Suffix: Title: Chief Telephone Number: 4254307503 Fax Number: 4254307505 Email: kmilosevich@rentonwa.gov Signature (Typed Name) of Authorized Representative: Kevin Milosevich Date Signed: 4/8/2009 Application for Federal Assistance SF-424 Version 02 Applicant Federal Debt Delinquency Explanation he following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. Renton Police Department OMB Number: 1103-0098 Expiration Date: 09/30/2009 WA01713 COPS Hiring Recovery Program (CHRP) Application COPS Application Attachment to SF-424 The COPS Hiring Recovery Program (CHRP) is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to create and preserve jobs and to increase their community policing capacity and crime -prevention efforts. CHRP funding is available to hire full-time career law enforcement officers. There is no local matching requirement, but grant funding will be based on your agency's current entry-level salaries and benefits for sworn officer positions. Any additional costs for higher salaries and benefits for positions hired under the CHRP grant must be paid for by the grantee agency. In preparing your agency's grant application, please be advised that grantees are prohibited from reducing state, local, or tribal funding for sworn officer positions as a direct result of applying for and/or receiving this CHRP grant. Instead, this program is intended to supplement the amount of state, local, or tribal funding that your agency would otherwise be able to budget for sworn officer positions. In addition, at the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHRP grant. The retained CHRP-funded positions should be added to your agency's law enforcement budget with state and/or local funds, over and above the number of locally -funded sworn officer positions that would have existed in the absence of the grant. To the extent possible, all data should come from a publicly verifiable source, and documentation may be requested by the COPS Office. This information will be used to evaluate your jurisdiction's need for federal assistance to address its public safety needs and to preserve and create jobs. SECTION 1: EXECUTIVE INFORMATION Note: Listing individuals without ultimate programmatic and financial authority for the grant could delay the review of your application, or remove your application from consideration. A. Applicant ORI Number: WA01713 B. Applicant DUNS Number: 092278894 A Data Universal Numbering System (DUNS) number is required. A DUNS number is a unique nine -digit sequence recognized as the universal standardfor identifying and keeping track of entities receiving federal funds. For more information about how to obtain a DUNS number, please refer to the How to Apply section of the COPS Application Guide. C. Central Contractor Registration (CCR) All applicants are required to maintain current registrations in the Central Contractor Registration (CCR) database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and sub -recipients. For more information about how to register with the CCR, please refer to the How to Apply section of the COPS Application Guide. Please note that applicants must update or renew their CCR at least once per year to maintain an active status. WA01713 Does your agency have an active registration with the Central Contractor Registry? a Yes ❑ No If no, will your agency agree to have an active registration with the Central Contractor Registry before any COPS grant funding is awarded? ❑ Yes ❑ No D. GNIS ID: 1512599 Please enter your Geographic Names Information System (GNIS) Identification Number. This is a unique ID assigned to all geographic entities by the U.S. Geological Survey. To look up your GNIS Feature ID, please go to the website: hitp://.geonames.usgs.gov/domestic/index.html. For more information about how to obtain a GNIS number, please refer to the How to Apply section of the CHRP Application Guide. E. Law Enforcement Executive/Program Official Information: For Law Enforcement Agencies: Enter the law enforcement executive's name and contact information. This is the highest ranking law enforcement official within your jurisdiction (e.g., Chief of Police, Sheri or equivalent). Title: Chief First Name: Kevin Agency Name: Street Address 1 Street Address 2 City: Telephone: Email: MI: Renton Police Department 1055 South Grady Way Renton 4254307503 Kmilosevich@rentonwa.gov Last Name: Milosevich Suffix: State: WA Zip: 98057 Fax: 4254307505 Type of Agency: Police F. Government Executive/Financial Official Information: For Government Agencies: Enter the government executive's name and contact information. This is the highest ranking official within your jurisdiction (e.g., Mayor, City Administrator, Tribal Chairman, or equivalent). Title: Mayor First Name: Denis MI: Last Name: Law Agency Name: City of Renton Street Address 1: 1055 South Grady Way Street Address 2: City: Renton Telephone: 4254306500 Email: dlaw@rentonwa.gov Type of Agency: City State: WA Zip: Fax: 4254306523 SECTION 2: GENERAL AGENCY INFORMATION A. General Applicant Information Department of Justice Suffix: 98057 WA01713 Enter your jurisdiction 's Cognizant Federal Agency. A Cognizant Federal Agency, generally, is the federal agency from which your jurisdiction receives the most federal funding. Your Cognizant Federal Agency also may have been previously designated by the Office of Management and Budget. 2. Fiscal Year: 1/1/2009 to 12/31/2009 (mo/day/yr) Enter your jurisdiction's fiscal year. 3. Jurisdictional population as of the 2000 U.S. Census: 50052 ❑ Check here if the jurisdictional population is not represented by U.S. Census figures (e.g., colleges, special agencies, school police departments, etc.). (If checked, skip Question 4 and go to Question 5) 4. Enter the total jurisdictional population as of the 2007 Census Estimate. The Census Estimate can be looked up in the American FactFinder at http://FactFinder.census.gov. 61248 5. If the jurisdictional population is not represented by U.S. Census figures, please indicate the size of the population in 2007: Please indicate the source of this estimate: Do officers have primary law enforcement authority for this entire jurisdictional population? [An agency with primary law enforcement authority is defined as the first responder to calls for service, and has ultimate and final responsibility for the prevention, detection, and/or investigation of crime within its jurisdiction.] 0 Yes ❑ No a) If NO, what is the actual population for which your department has primary law enforcement authority? For example, your service population may be the 2007 Census Estimate minus the population of the incorporated towns and cities that have their own police departments within your geographic boundaries. B. Law Enforcement Agency Information 1. Enter the Current Fiscal Year Budgeted Sworn Force Strength: Full-time: 124 Part-time: 0 The budgeted number of sworn officer positions is the number of sworn positions your agency has funded within its budget, including state, Bureau of Indian Affairs, and locally funded vacancies. Do not include unfunded vacancies or unpaid/reserve officers. 2. Enter the Actual Sworn Force Strength as of the Date of This Application: Full -tune: 120 Part-time: 0 The actual number of sworn officer positions is the actual number of sworn positions employed by your agency as of the date of this application. Do not include funded but currently vacant positions or unpaid positions. WA01713 SECTION 3: CHRP PROGRAM REQUEST Your agency may apply for COPS funds to use on or after the official grant award start date to hire new, additional officer positions (including filling existing unfunded vacancies) or rehire officers who have already been laid off, or are currently scheduled to be laid off on a future date, as a result of state, local or tribal budget reductions. Please base your application request on your agency's current anticipated needs for funding in these primary categories. Please also be mindful of the initial three-year grant period and your agency's ability to fill and retain the officer positions awarded, while following your agency's established hiring policies and procedures. As described in detail in the CHRP Application Guide, it is imperative that applicants understand that the COPS statute nonsupplanting requirement mandates that CHRP funds may be used only to supplement (increase) a grantee's law enforcement budget for sworn officer positions and may not supplant (replace) state, local, or tribal funds that a grantee otherwise would have spent on officer positions if it had not received a CHRP award. This means that if your agency plans to: (a) Hire new officer positions (including filling existing officer vacancies that are no longer funded in your agency's budget): It must hire these additional positions on or after the official grant award start date, above its current budgeted (funded) level of sworn officer positions, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual; (b) Rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget cuts: It must rehire the officers on or after the official grant award start date, maintain documentation showing the date(s) that the positions were laid off and rehired, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual; (c) Rehire officers who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local, or tribal budget cuts: It must continue to fund the officers with its own funds from the grant award start date until the date of the scheduled lay-off (for example, if the CHRP award start date is September 1 and the lay-off is scheduled for November 1, then the CHRP funds may not be used to fund the officers until November 1, the date of the scheduled lay-off), identify the number and date(s) of the scheduled lay-off(s) in this application [see below], maintain documentation showing the date(s) and reason(s) for the lay-off, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual. [Please note that as long as your agency can document the date that the lay-off(s) would occur if the CHRP funds were not available, it may transfer the officers to the CHRP funding on or immediately after the date of the lay- off without formally completing the administrative steps associated with a lay-off for each individual officer.] Documentation that may be used to prove that scheduled lay-offs are occurring for local economic reasons that are unrelated to the availability of CHRP grant funds may include (but are not limited to) council or departmental meeting minutes, memoranda, notices, or orders discussing the lay-offs; notices provided to the individual officers regarding the date(s) of the lay-offs; and/or budget documents ordering departmental and/or jurisdiction -wide budget cuts. These records must be maintained with your agency's CHRP grant records during the grant period and for three years following the official closeout of the CHRP grant in the event of an audit, monitoring, or other evaluation of your grant compliance. WA01713 When completing the questions below, please base your responses on your agency's current (at the time of application) needs for funding in the three hiring categories (new hires, rehires of previously laid off officers, and rehiring officers who are scheduled to be laid off on a specific future date). CHRP grant awards will be made for officer positions requested in each of these three categories and recipients of CHRP awards are required to use awarded funds for the specific categories awarded. During the review of your agency's application, if the COPS Office reduces the number of positions you requested in the application, the COPS Office may contact you to obtain a new number of officer positions requested in each category. How many CHRP sworn officer positions is your agency requesting (total)? 6 How many of the positions will be: (a) To hire new, additional officer positions (including to fill existing vacancies that are no longer funded in your agency's budget)? (b) To rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget reductions? rI (c) To rehire officers who are (at the time of application) currently scheduled to be laid off on a specific future date as a result of state, local, or tribal budget reductions? 3 (# Positions) 5/1/2009 Date of the scheduled lay-off for these officers If your agency has planned multiple future lay-off dates, please use the additional space below: 0 (# Positions) Date of the scheduled lay-off for these officers 0 (# Positions) Date of the scheduled lay-off for these officers Special Reminder for Rehired Officers: The CHRP program awards funding based on your agency's entry-level salary and benefits package. Any additional (higher than entry-level) salary and benefits expenses for rehired officers must be paid by your agency. Certification Regarding Scheduled Lay -Offs: If your agency plans to use CHRP funds to rehire officers who are currently scheduled to be laid off on a future date (under category c above), please certify (by checking the appropriate boxes) to the following: WA01713 Certification: 0 My agency has and will maintain documentation showing the date(s) of the scheduled lay-off(s) and demonstrating that the scheduled lay-off(s) is/are occurring for fiscal reasons that are unrelated to the availability or receipt of CHRP grant funds (as described above). UJ My agency will use its own funds to continue funding these officers until the scheduled date(s) of the lay-off(s) and will use CHRP funds to rehire these officers only on or after the scheduled date of the lay-off(s). My agency recognizes that the CHRP program provides funding based on our entry-level salary and benefits package and that any additional costs for rehired officers beyond entry-level are our responsibility to pay with other sources of funding. If an applicant receives an award, and after receiving the awards needs to change the hiring categories, it must request a post -award grant modification to change the categories of hiring and receive prior approval before spending CHRP funding by calling the COPS Office Response Center at 1-800-421-6770. The American Recovery and Reinvestment Act (Recovery Act) requires grantees to report their financial and programmatic progress within 10 days after the end of each calendar quarter. The Recovery Act reporting requirements are in addition to quarterly financial status report and quarterly programmatic progress report requirements. The COPS Office plans to request information from grantees consistent with Section 1512 of the Recovery Act, including collecting information on the number of new jobs created and the number of jobs preserved using CHRP funding. Awarded agencies will be required to submit information in a timely manner as a condition of the award. The COPS Office is then required to post data from grantee reports to Recovery.gov. Please be advised that the submission of programmatic and financial reports on a timely basis is a significant condition of the CHRP grant and a violation of the grant requirement may result in termination of grant funding or other remedies. In order to aid in compliance with the reporting requirements, awarded agencies should be prepared to track and report CHRP funding separately from other funding sources (including other COPS and federal grants) to ensure accurate financial and programmatic reporting on a timely basis. Your agency should ensure that you have financial internal controls in place to monitor the use of CHRP funding and ensure that its use is consistent with grant terms and conditions. Good practices in this area would include written accounting practices, an accounting system that tracks all drawdowns and grant expenditures, and the ability to track when each CHRP position funded is filled or vacant (including if the position was for a new hire or a re -hire). SECTION 4: NEED FOR FEDERAL ASSISTANCE 1) Enter your law enforcement agency's total operating budget for the current AND previous two fiscal years. CURRENT FISCAL YEAR (2009) $25,945,815.00 PREVIOUS FISCAL YEAR (2008) $24,593,327.00 PREVIOUS FISCAL YEAR (2007) $18,750,056.00 2) Enter the total jurisdictional (city, county, state, tribal) operating budget for the current AND previous two fiscal years. CURRENT FISCAL YEAR (2009) $251,658,823.00 PREVIOUS FISCAL YEAR (2008) $246,808,359.00 PREVIOUS FISCAL YEAR (2007) $210,861,478.00 WA01713 3) Enter the total jurisdictional (city, county, state, tribal) locally generated revenues for the current AND previous two fiscal years. Locally generated revenues may include locally generated property taxes, sales taxes and other taxes and revenue sources (for example, transportation taxes, transient lodging taxes, licensing fees, other non -property taxes and franchise taxes). CURRENT FISCAL YEAR (2009) $205,782,251.00 PREVIOUS FISCAL YEAR (2008) $215,561,774.00 PREVIOUS FISCAL YEAR (2007) $186,351,036.00 4) Enter the total jurisdictional (city, county, state, tribal) general fund balance for the current and previous two fiscal years. CURRENT FISCAL YEAR (2009) $4,998,682.00 PREVIOUS FISCAL YEAR (2008) $8,456,215.00 PREVIOUS FISCAL YEAR (2007) $7,096,429.00 5) Since January 1, 2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through lay-offs: Civilian Law Enforcement Agency Personnel 0.00 % Sworn Law Enforcement Agency Personnel 0.00 % Other Government Agency Personnel 0.00 % 6) Since January 1, 2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through furloughs that have lasted or are scheduled to last a minimum of forty hours over the course of a fiscal year: Civilian Law Enforcement Agency Personnel 0.00 % Sworn Law Enforcement Agency Personnel 0.00 % Other Government Agency Personnel 0.00 % 7) Since January 1, 2008 what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced due to official policies that limit your jurisdiction's ability to fill vacancies (i.e., hiring freezes): Civilian Law Enforcement Agency Personnel 15.50 % Sworn Law Enforcement Agency Personnel 3.20 % Other Government Agency Personnel 0.00 % 8) The U.S. Census Bureau American Community Survey (ACS) provides multi -year poverty rate estimates for communities. For jurisdictions with a Census population greater than 20,000, please go to the U.S. Census Bureau's American FactFinder (http://FactFinder.census.gov) to determine the percent of families in poverty in your jurisdiction based on the 2005-2007 ACS. For jurisdictions below 20,000 in population or not represented in the U.S. Census, please select the nearest best match for your jurisdiction (for example, the county in which your jurisdiction is located). Please see the CHRP Application Guide for additional information and help in using the American FactFinder. Percent of families in poverty 8.60 % WA01713 9) The Bureau of Labor Statistic's' Local Area Unemployment Statistics (LAUS) program provides monthly estimates of unemployment for communities. Please go to the Bureau of Labor Statistics' LAUS website: (www.bls.gov/lau/data.htm) to find detailed instructions for looking up your local area's unemployment rate. As with the previous question, it may be necessary to select the nearest best match to your jurisdiction (for example, a city of fewer than 25,000 people may report their county level rate). Please see the CHRP Application Guide for additional information and help in using the LAUS data. Percentage unemployed for January 2009 7.50 % Percentage unemployed for January 2008 6.30 % 10) Indicate your jurisdiction's estimated residential property foreclosure rate for calendar year 2008. This rate should be calculated as the total number of new default and auction foreclosure filings and new bank - owned foreclosures (REOs) in 2008 divided by the total number of residential households. 0.00 % ❑x Check here if the information necessary to calculate this rate is unavailable. 11) Indicate if your jurisdiction has experienced any of the following events since January 1, 2008: ❑ Military base closure or realignment. ❑ A declaration of natural or other major disaster or emergency has been made pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (42 U..S.C. 5121 et seq.) ❑ A declaration as an economically or financially distressed area by the state in which the applicant is located. ❑ Downgrading of the applicant's bond rating by a major rating agency. ❑ Has filed for or been declared bankrupt by a court of law. ❑ Has been placed in receivership or its functional equivalent by the state or federal government. 12) Indicate if, since January 1, 2008, your jurisdiction has experienced an unplanned, non -recurring, capital outlay or unanticipated loss of revenue that has had a significant negative impact on your jurisdiction's fiscal health. Qx Yes ❑ No 12a) If YES, please express the cost of this event as a percentage of your total current operating budget 6.00 % and please describe the event (please limit to 350 characters): Unanticipated loss of revenue. Sales Tax The 2008 budget percentage of year -to date actual to budget was -5.9% or $1.31 million less than the year to date budget. Compared to the same month last year, February 2009 is $363k or 17% less than 2008. Based on current trends the City of Renton is projecting sales tax revenue to be below $1.7 WA01713 13) Using UCR crime definitions enter the actual number of incidents reported to your jurisdiction in calendar year 2008 for the following crime types: Criminal Homicide: Forcible Rape: 30 Robbery: 130 Aggravated Assault: 52 Burglary: 808 Larceny (except motor vehicle theft): 2645 Motor Vehicle Theft: 702 *Note: If your agency currently reports to NIBRS, or does not report crime incident totals at all, please ensure that your data is converted to UCR Summary Data style. Please see the CHRP Application Guide or the FBI's UCR Handbook (www.fbi.gov/ucr/handbook/ucrhandbook04.pdo for more information. SECTION 5: LAW ENFORCEMENT & COMMUNITY POLICING STRATEGY Proposed Community Policing Plan COPS grants must be used to initiate or enhance community policing activities. Please complete the following questions to describe the types of community policing activities that will result from CHRP funding. You may find more detailed information about community policing at the COPS Office web site http://www.cops.usdoj.gov/Default.asp?ltem=36. Community Partnerships Community partnerships are on -going collaborative relationships between the law enforcement agency and the individuals and organizations they serve to both develop solutions to problems and increase trust in the police. My agency: P1) Regularly distributes relevant crime and disorder information to community members. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant ❑x d) currently does, and plans to expand/enhance under this grant WA01713 P2) Routinely seeks input from the community to identify and prioritize neighborhood problems (e.g., through regularly scheduled community meetings, annual community surveys, etc.). ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant Qx d) currently does, and plans to expand/enhance under this grant P3) Regularly collaborates with other local government agencies that deliver public services. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant Q d) currently does, and plans to expand/enhance under this grant P4) Regularly collaborates with non-profit organizations and/or community groups. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant Qx d) currently does, and plans to expand/enhance under this grant P5) Regularly collaborates with local businesses. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant Qx d) currently does, and plans to expand/enhance under this grant P6) Regularly collaborates with informal neighborhood groups and resident associations. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant x❑ d) currently does, and plans to expand/enhance under this grant WA01713 Problem Solving Problem solving is an analytical process for systematically 1) identifying and prioritizing problems, 2) analyzing problems, 3) responding to problems, and 4) evaluating problem solving initiatives. Problem solving involves an agency -wide commitment to go beyond traditional police responses to crime to proactively address a multitude of problems that adversely affect quality of life. My agency: PS 1) Routinely incorporates problem -solving principles into patrol work. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant Q d) currently does, and plans to expand/enhance under this grant PS2) Identifies and prioritizes crime and disorder problems through the routine examination of patterns and trends involving repeat victims, offenders, and locations. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant QX d) currently does, and plans to expand/enhance under this grant PS3) Routinely explores the underlying factors and conditions that contribute to crime and disorder problems. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant QX d) currently does, and plans to expand/enhance under this grant PS4) Systematically tailors responses to crime and disorder problems to address their underlying conditions. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant QX d) currently does, and plans to expand/enhance under this grant PSS) Regularly conducts assessments to determine the effectiveness of responses to crime and disorder problems. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant Ox d) currently does, and plans to expand/enhance under this grant WA01713 Organizational Transformation Organizational transformation is the alignment of organizational management, structure, personnel and information systems to support community partnerships and proactive problem -solving efforts. My agency: OC1) Incorporates community policing principles into the agency's mission statement and strategic plan. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant ❑X d) currently does, and plans to expand/enhance under this grant OC2) Practices community policing as an agency -wide effort involving all staff (i.e., not solely housed in a specialized unit). ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant ❑ x d) currently does, and plans to expand/enhance under this grant OC3) Incorporates problem -solving and partnership activities into personnel performance evaluations. ❑ a) does not currently do, and has no plans to implement under this grant ❑ b) does not currently do, and plans to initiate under this grant ❑ c) currently does, and plans to continue doing under this grant ❑x d) currently does, and plans to expand/enhance under this grant WA01713 Community Policing Plan Narrative (please limit to 2,000 characters) Please describe your agency's implementation plan for this program (if awarded), with specific reference to each of the following elements of community policing: (a) community partnerships and support, including consultation with community groups, private agencies, and/or other public agencies; (b) related governmental and community initiatives that complement your agency's proposed use of CHRP funding; and (c) organizational transformation — how your agency will use these funds, if awarded, to reorient its mission to community policing or enhance its involvement in and commitment to community policing. This narrative will not be scored for selection purposes but serves, along with the previous questions, as your agency's community policing plan. Your organization may be audited or monitored to ensure that it is initiating or enhancing community policing in accordance with this plan. The COPS Office may also use this information to understand the needs of the field, and potentially provide for training, technical assistance, problem solving and community policing implementation tools. If your organization receives this CHRP grant funding, these responses will be considered as your organization's community policing plan. We understand that your community policing needs may change during the life of your CHRP grant (if awarded), and minor changes to this plan may be made without prior approval of the COPS Office. We also recognize that this plan may incorporate a broad range of possible community policing strategies and activities, and that your agency may implement particular community policing strategies from the plan on an as -needed basis throughout the life of the grant. If your agency's community policing plan changes significantly, however, you must submit those changes in writing to the COPS Office for approval. Changes are "significant" if they deviate from the range of possible community policing activities identified and approved in this original community policing plan submitted with your application. The City of Renton is facing a six million dollar budget deficit this year (2009). Renton is a sales tax dependent city, and much of the city's revenue is predicated upon home and auto sales, durable goods sales, and retail sales. Retail sales in December of 2008 were down seventeen percent from December of 2007. City employees have been asked to make concessions in their pay to assist in balancing the City budget. The current unemployment rate in the Puget Sound area is 8.5% We are requesting grant funds from CHRP in order to fund seven full time police officer positions. Three commissioned and one non-commissioned officer in our department received their layoff notices this week, and additional cuts are expected. City staff is currently working on the 2010 City budget, which is slated to cut additional programs and corresponding personnel. Police programs likely to be cut include "pro -active" programs including our Directed Enforcement Team and Special Enforcement Team, which focus on areas and individuals known to command excessive officer time and energy. Our School Resource Officers, vital to our schools will be cut. We also anticipate cuts in our Crime Prevention and Community Programs unit, as well as the loss of non -uniformed support staff, in 2010. The Renton Police Department will use CHRP grant funds to maintain and expand our partnerships with the Renton community, including City programs, joint efforts with businesses and non-profit organizations, and neighborhood associations, and to support various programs including: The "Wipe Out Graffiti" program, a joint effort between Police, Community Services, Code Compliance, and local businesses. An anti -graffiti education campaign is in progress, and citizens are encouraged to report graffiti online or via a phone hotline. Graffiti is photographed and analyzed for gang affiliation and to identify tagging by individuals/groups. Graffiti removal kits are available at no cost to individuals and to business owners who have been victimized by graffiti and have little means to remove the damage. (The kits are a collaborative effort between the City and local retailers who have donated many of the items included in the kits.) A recently passed City ordinance (see below) will assist in locating and prosecuting those who deface property with graffiti. City employees and volunteers who conduct graffiti education and eradication efforts are housed within the police department. Continued police emphasis in the Renton Highlands, an area of the City that is perceived as having a high crime rate. CHRP grant funded officers will assist in implementing recommendations of the Highlands Phase II Task Force (appointed members of the Task Force represent different stakeholders in the community: property owners, renters, business owners, community organizations, the Renton Housing Authority, and the Renton School District.) CH" funding will allow the Department to continue emphasis patrols of the Renton Highlands, including traffic enforcement in known high-speed areas, and will increase the availability of police staff to educate the Highlands community about personal safety, crime prevention tools, and available police services Assist the Chamber of Commerce, Downtown Committee, Department of Economic Development, and the Metro Transit Police with ongoing support of the Visitors Information, Downtown Assistance (VIDA) program. The downtown area, in particular the area geographically near the Transit Center, is known as a high crime area, and an area which has a higher call for service ratio (serious assaults, robberies). Congregations of youth during the afternoon hours contribute to the perception of crime in the area. Grant funds will enable the department to continue to staff uniformed officers in the area on an as -needed basis. Related governmental and community initiatives that complement our agency's proposed use of CHRP funding: Adopting a Crime Resistant Multi Housing (CRMH) ordinance that includes landlord education, tenant screening and leasing requirements, minimum Crime Prevention Through Environmental Design (CPTED) standards, and enforcement tools for property owners/managers that fail to follow the tenets of the CRMH program, has been successful for many local agencies. The City attorney is currently researching ordinances and is expected to propose a Crime Resistant Multi -Housing ordinance to our City Council. Implementation of the ordinance, education of landlords and property managers, and enforcement of the ordinance will be conducted by Police employees. Anti -Graffiti Ordinance 5429, which provides tougher penalties for graffiti activities including making it illegal to possess graffiti paraphernalia with the intention of using to deface property, allowing the court to order those convicted of graffiti vandalism to pay damages to the victim (including the City of Renton), allows public funds to be used for graffiti removal, and authorizes the City to offer up to a $300 reward for information leading to the identification and apprehension of those who commit graffiti vandalism. CHRP funds will be used to continue and enhance our involvement in and commitment to community policing in the following ways: CHRP funds will allow the Renton Police Department to continue to staff every designated patrol district, increasing the ratio of officers to citizens. Maintaining the number of district officers will allow the opportunity for these officers to continue interacting with and building relationships with members of their patrol district including residents, business owners, employees, local transients, and school -age youth. Citizens that feel connected to local law enforcement are more willing to take ownership in their community, including the upkeep of property, recognition of neighbors, and reporting suspicious activity. An active community, united by a regular patrol officer, will help reduce criminal activity. Continued Police Officer presence in our schools. The Renton Police Department currently has three officers assigned full time to local schools. Budget cuts due to the economic crisis will necessitate the reassignment of those officers to regular district patrol — to the great dismay of the school staff, students, and the Renton community. Our School Resource Officers (SRO) are dedicated to the schools and students they serve, and have initiated programs at the schools including "Powerful to be Me," a group mentoring program intended to teach young men about integrity, discipline, and chivalry. SRO's serve as a liaison between students, staff, and the police department. In addition to their SRO presence at the schools they attend after school activities, put on an annual hoop shoot contest, and build relationships with students that last long after the student leaves the school system. Without additional funding, our School Resource Officer program will be eliminated. As outlined above, the additional funding provided by this CHRP grant will allow the department to retain Police Officers who are currently scheduled to be laid off, will prevent the elimination of needed programs, and will allow the continuation of Community based Policing to be enhanced within the community. WA01713 CP1) To what extent is there community support in your jurisdiction for implementing the proposed grant activities? ❑ a) Minimal support ❑ b) Moderate support QX c) High level of support CP2) If awarded, to what extent will the grant activities impact the other components of the criminal justice system in your jurisdiction? ❑ a) Potentially increased burden ❑ b) No change in burden Qx c) Potentially decreased burden SECTION 6: CONTINUATION OF PROJECT AFTER FEDERAL FUNDING ENDS Applicants must plan to retain all sworn officer positions awarded under the CHRP grant for a minimum of 12 months at the conclusion of 36 months of federal funding for each position. The retained CHRP-funded positions should be added to your agency's law enforcement budget with state and/or local funds at the end of grant funding, over and above the number of locally -funded sworn officer positions that would have existed in the absence of the grant. At the time of grant application, applicants must affirm that they plan to retain the positions and identify the planned source(s) of retention funding. We understand that your agency's source(s) of retention funding may change during the life of the grant. Your agency should maintain proper documentation of any changes in the event of an audit, monitoring or other evaluation of your grant compliance. Please refer to the frequently asked questions on retention which can be found here http://www.cops.usdoj.gov/Default.asp?ltem=2115. Has your agency planned to retain all additional sworn officer positions under this grant for a minimum of 1-2 months at the conclusion of 36 months of federal funding for each position? Qx Yes ❑ No Please identify the source(s) of funding that your agency plans to utilize to cover the costs of retention from the drop -down box listed below: QX General funds ❑ Raise bond/tax issue ❑ Asset forfeiture funds ❑ Private sources/donations ❑ Fundraising efforts ❑ Other (Please provide a brief description of the source(s) of funding not to exceed 75 words.) WA01713 Section 7: Budget Detail Worksheets Instructions: This worksheet will assist your agency in reporting your agency's current entry-level salary and benefits costs and identifying your agency's total three-year salary and benefits request per officer position. Please list the current entry-level base salary and fringe benefits rounded to the nearest whole dollar for one full-time sworn officer position within your agency. Do not include employee contributions. Please complete the budget worksheet(s) based on your agency's current annual first year entrylevel salary and benefit package for your locally -funded officer positions. Please be advised that CHRP funding must only pay for entry-level salaries and benefits. Any additional costs incurred for higher than entry-level salaries and benefits for officers hired under the CHRP grant will be your agency's responsibility. Note: Part-time positions will not be funded Please refer to the CHRP Application Guide for additional information. WA01713 A. SWORN OFFICER POSITIONS Instructions: Please complete the questions below based on your agency's current first year entry- level salary and benefits package for your locally -funded officers. [You will be asked to project Year 2 and Year 3 increases below.] Part 1: Full -Time Sworn Officer Information A . Current First Year Entry -Level Base Salary for One Sworn Officer Position $54,216.00 Please calculate the fringe benefit costs below based on the first year entry-level benefits for one sworn officer position. B . FRINGE BENEFITS: Cost: % OF BASE: ADDITIONAL INFORMATION: Social Security $3,361.00 6.20 % Exempt: Fixed: . Cannot exceed 6.2% of Total Base Salary. If less than 6.2%, exempt, or fixed rate, provide an explanation in "Part 2: Full -Time Sworn Officer Information ". Medicare $786.00 1.45 % Exempt: Fixed: Cannot exceed 1.45% of Total Base Salary. If less than 1.45%, exempt, or fixed rate, provide an explanation in the "Sworn Officer Position Budget Summary. " Health Insurance $19,306.00 35.61 % Life Insurance $246.00 0.45 % Vacation $5,005.00 9.23 % Number of Hours Annually: 192 Sick Leave $2,502.00 4.61 % Number of Hours Annually: 96 Retirement $2,960.00 5.46 % Worker's Compensation $0.00 0.00 % Unemployment Insurance $0.00 0.00 % Other Worker's Compensation Describe: City of Renton is self -insured for workers comp Other Unemployment Describe: The City of Renton is self -insured for unemploymen Other Describe: Exempt: X Exempt: X Cost: % of Base: 0.00 % Cost: % of Base: 0.00 % Cost: % of Base: 0.00 % WA01713 Total Current First Year Entry -Level Benefits for One Sworn Officer Position $34,166.00 C . Total Year 1 Salary + Total Year 1 Benefits $88,382.00 Based on the current first year full-time entry-level salaries and fringe benefits, please project Year 2 and Year 3 increases and use these figures to calculate the full three-year salary and benefits amounts per sworn officer position that you are requesting through the CHRP grant. Your agency must maintain records documenting how it calculated its Year 2 and Year 3 projections (and, accordingly, its total three-year salary and benefits amounts per officer position) in its CHRP grant records throughout the grant period and for three years following the official closeout of the COPS grant in the event of an audit, monitoring, or other evaluation of your grant compliance. Year 2 Total Year 2 entry-level salary for one sworn officer position: Total Year 2 entry-level benefits for one sworn officer position: Year 3 Total Year 3 entry-level salary for one sworn officer position: Total Year 3 entry-level benefits for one sworn officer position: Total Three -Year Salary for one officer position: $176,448.00 X Number of Sworn Positions Requested: 6 Total Three -Year Salary Project Cost = $1,058,688.00 Total Three- Year Benefits for one officer position: $97,714.00 X Number of Sworn Positions Requested: 6 Total Three -Year Benefits Project Cost = $586,284.00 Total Three -Year Salary and Benefits for one Officer: Position: $274,1.62.00 X Number of Sworn Positions Requested: 6 Total Project Cost = $1,644,972.00 $58,800.00 $30,570.00 $63,432.00 $32,978.00 WA01713 Part 2: Full -Time Sworn Officer Information After completing Part I of this budget worksheet, answer the following questions. Be sure to answer EVERY question. Missing or erroneous information could delay the review of your agency's request. 1. If your agency's second and/or third -year costs for salaries and/or fringe benefits increase after the first year, check the reasou(s) why in the space below: x❑ Cost of living adjustment (COLA) Qx Step raises Ox Change in benefit costs ❑ Other - please explain briefly: 2. If an explanation is required for any of the following categories, please provide in the space below: 1) Social Security: 2) Medicare: W A01713 BUDGET SUMMARY Budget Category Category Total Line # A. Sworn Officer Positions $1,644,972.00 1 Total Project Amount: $1,644,972.00 Total Federal Share Amount: $1,644,972.00 Contact Information for Budget Questions Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name: First Name: Linda Last Name: Parks Title: Finance Services Director Phone: 425-430-6929 Email: 1parks@rentonwa.gov WA01713 SECTION 8: ASSURANCES Several provisions of federal law and policy apply to all grant programs. The Office of Community Oriented Policing Services needs to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421-6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that: 1. It has been legally and officially authorized by the appropriategoveming body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law, which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § 1501 ,et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller Generalaccess to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70 (governing administrative requirements for grants and cooperative agreements); 2 CFR Part 225 (OMB Circular. A-87), 2 CFR 220 (OMB Circular A-21), 2 CFR Part 230 (OMB Circular A-1 22) and 48 CFR Part 31.000, et seq. (FAR 31.2) (governing cost priniciples); OMB Circular A-1 33 (governing audits) and other applicable OMB circulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 28 CFR Part 38.1; the current edition of the COPS Grant Monitoring Standards and Guidelines; the applicable COPS Grant Owners Manuals; and with all other applicable program requirements, laws,orders, regulations, or circulars. 7. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non -Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulatins. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. B. If your organization has received an award for $500,000 or more and has 50 or more employees, then it has to prepare an EEOP and submit it to the Office for Civil Rights ("OCR"), Office of Justice Programs, 810 7th Street, N.W., Washington, DC 20531, for review within 60 days of the notification of the award. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organizatinhas to complete Section B of the Certification Form and return it to OCR. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal Register (Volume 67, Number 117, pages 41455-41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 12. It will submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13. It will comply with the Human Subjects Research Risk Protections requirements of 28 CFR Part 46 if any part of the funded project contains non-exempt research or statistical activities which involve human subjects and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable information collected from research participants. WA01713 14. Pursuant to Executive Order 13043, it will enforce on-the-job seat belt policies and programs for employees when operating agency -owned, rented or personally -owned vehicles. 15. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 16. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and/or the increased officer redeployment level, as applicable, with state or local funds for a minimum of 12 months following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy or appropriation as set forth in the Anti- Lobby Act, 18 U.S.C. 1913. 18. In the event that a portion of grant reimbursements are seized to pay off delinquent federal debts through the Treasury Offset Program or other debt collection process, it agrees to increase the non-federal share (or, if the awarded grant does not contain a cost sharing requirement, contribute a non-federal share) equal to the amount seized in order to fully implement the grant project. I certify that the assurances provided are true and accurate to the best of my knowledge Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. 0 By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Chief Kevin Milosevich 4/8/2009 Typed Name of Law Enforcement Executive Date (or Official with Programmatic Authority, as applicable) 0 By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Mayor Denis Law 4/8/2009 Typed Name of Government Enforcement Executive Date (or Official with Financial Authority, as applicable) WA01713 SECTION 9: CERTIFICATIONS Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "Government -Wide Debarment and Suspension (Nonprocurement)," 28 CFR Part 83 Government -Wide Requirements for Drug -Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant.1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B.If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Part 2867, Section 2867.437 - A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within a three-year period preceding this application been convicted of or had a civi I judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility. (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three-year period preceding this application had one or more public transactions (federal, state or local) terminated forcause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 and 83.510 - A. The applicant certifies that it will, or will continue to, provide a drugfree workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and speci fying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on -going drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug -abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; WA01713 (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, D.C. 20530. Notice shall include the identification number(s) of each affected grant. (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv) (b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) City of Renton, 1055 S Grady Way, Renton, WA 98057 King County Check if there are workplaces on file that are not identified here. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Agency Name and Address: Renton Police Department Grantee IRS/ Vendor Number: False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the giant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Chief Kevin Milosevich 4/8/2009 Typed Name of Law Enforcement Executive Date (or Official with Programmatic Authority, as applicable) aX By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Mayor Denis Law 4/8/2009 Typed Name of Government Executive Date (or Official with Programmatic Authority, as applicable) WA01713 SECTION 10: Disclosure of Lobbying Activities Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of.a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commit 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFPD E-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting registrant identified in item 4 to influence the covered Federal action. (b) Enter the full name(s) of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503. )Disclosure of Lobbying Activities WA01713 (Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352. Not Applicable X If not applicable, then entire form, including signature area is grayed -out 1. Type of Federal Action: contract loan grant loan guarantee cooperative agreement loan insurance Name and Address of Reporting Entity: Prime & Subawardee Tier , if known: Congressional District (#), if known 6. Federal Department/Agency: USDOJCOPS 8. Federal Action Number, if known: 10. a. Name and Address of Lobbying individual, last name, first name, MI): 2. Status of Federal Action: 3. Report Type a bid/offer/application a initial filing initial award material change post -award For Material Change Only: Year: Quarter: Date of Report: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District (number), if known: 7. Federal Program Name/Description: CFDA Number, if applicable: 16.710 9. Award Amount, if known: 10. b. Individuals Performing Services (including address if different from No.I Oa) (last name, first name, MI): 11. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.&C. 1152. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Typed Name: Title: Date: Federal Use Only: Authorized for Local Reproduction, Standard Form - LLL WA01713 SECTION 11: CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE WITH REQUIREMENTS The signatures of the Law Enforcement Executive/Program Official and Government Executive/Financial Official, and any applicable program partners on the Certification of Review and Representation of Compliance with Requirements: 1) Assures the COPS Office that the applicant will comply with all legal, administrative, and programmatic applicant for acceptance and use of federal funds as outlined in the applicable COPS Application Guide; AND 2) Attests to the accuracy of the information submitted with this application (including the Budget Detail Worksheets). The signatures on this application must be made by the actual executives named on this application unless there is an officially documented authorization for a delegated signature. If your jurisdiction has such an official document, it must be attached to this application. Applications with missing, incomplete, or inaccurate signatories or responses may not be considered for funding. Signatures shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws, and/or is not cooperating with an ongoing federal civil rights investigation, and/or is not cooperating with a COPS Office compliance investigation concerning a current grant award. Person Submitting this Application By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here in place of your signature: Dave Skelton WA01713 Law Enforcement Executive QBy clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here in place of your signature: Kevin Milosevich Government Executive 0 By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here in place of your signature: Dave Skelton CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact...... Subject: Public Works Transportation Systems Division Nathan Jones, Transportation Planner, extension 7217 Metro Transit Service Partnership — Routes 110 and 153 Exhibits: Issue Paper Recommended Action: Council Concur AI #: For Agenda of: September 14, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... Finance Dept..... Other ............... X I Fiscal Impact: Expenditure Required... Amount Budgeted....... Transfer/Amendment....... Revenue Generated......... Total Project Budget City Share Total Proiect.. SUMMARY OF ACTION: In 2008, Renton signed five-year agreements CAG-08-065 and CAG-08-194 with King County Metro to provide funding to two Metro bus routes: 110 and 153. Initiated in September 2008, Route 153 annually costs Renton $72,310. Route 110, which would begin service in 2010, would annually cost Renton $199,743.57. With both services in operation, Renton's combined annual contribution would be $272,054.46, and over the course of the five-year Transit Now Service Partnerships, this would be approximately $1.36 million. With the current decline in City revenues, and despite potential benefits of increased service, staff suggests Renton's financial support of the Transit Now partnership for routes 110 and 153 be terminated in accordance with Section 8 of the partnership agreements. STAFF RECOMMENDATION: Authorize the Mayor to sign a letter to King County Metro terminating the Route 110 and Route 153 Transit Now agreements. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2009\Routes 110153 end contracts AB.doc OF — PUBLIC WORKS DEPARTMENT city of 00�9(6 0 M E M O R A N D U M DATE: September 14, 2009 TO: Randy Corman, Council President Members of Renton City Council VIA: �l'L Denis Law, Mayor 7 FROM: Gregg Zimmerma�A ministrator STAFF CONTACT: Nathan Jones, Transportation Planner, extension 7217 SUBJECT: Metro Transit Service Partnerships — Routes 110 and 153 ISSUE: Should the City Council authorize the Mayor to sign a letter to King County Metro terminating the Route 110 and Route 153 Transit Now agreements? RECOMMENDATION: Authorize the Mayor to sign a letter to King County Metro terminating the Route 110 and Route 153 Transit Now agreements. BACKGROUND: In 2006, King County voters approved Transit Now, an initiative to expand transit service with funds from a 0.1 percent sales tax increase. A component of Transit Now was the Service Partnership Program that set aside resources for partnerships with employers and cities to add new service. In 2008, the City signed contracts (CAG-08-065 and CAG-08-194) partnering with Metro Transit to fund expanded service hours on bus routes 110 and 153. The contracts allow the City to back out of the agreements without incurring a penalty or additional months charges provided a written notice is given 135 calendar days prior to Metro's regular February, June or September service changes. If the City decides to pull out of these agreements in consideration of budgetary constraints projected for 2010, the next cut-off date to notify Metro is Friday, September 18, 2009, in advance of the February 2010 Metro service changes. Randy Corman, President Members of the Renton City Council Page 2 of 3 September 14, 2009 The five-year agreements with King County Metro provide City funding for two routes: 1. Renton to Kent Route 153, which started enhanced service in September 2008. 2. Route 110, which travels between the Sounder Commuter Rail Station to North Renton, which was scheduled to start in 2010. The City of Kent is also a partner on the Route 153 agreement. These routes are "peak only" routes that operate only during the mornings and afternoons. However, through additional service hours provided by Transit Now, midday service was added. In addition, Route 110 would have a slight modification to the northern and southern termini to reach a greater number of larger Renton employment sites. The details of the costs, projected ridership and route maps for each of these routes are attached to this document. Renton's financial commitment provides $72,310 annually for added service hours to Route 153 and $199,743.57 annually for adding service hours to Route 110. With both services in operation, our combined annual contribution would be $272,054.46, and over the course of the five-year Transit Now Service Partnerships, this would be approximately $1.36 million. We were pleased to have two bus routes serving Renton accepted into the Transit Now financial partnership program and we continue to support transit. However, we have experienced severe revenue downturns this year, forcing us to re-evaluate all programs and projects. Ridership on Route 110 will be unaffected by an action to terminate the Transit Now agreement, as Route 110 has not yet begun midday service. Morning and afternoon weekday peak service will continue unaffected by this action. The partnership -sponsored service hours began on Route 153 in September 2008. Ridership data presented from KC Metro staff for Route 153 from September 2008 to February 2009 reveals: 1) Total riders per day (those on and off) at bus stops in Kent = about 853 (about 58% of daily Route 153 riders). 2) Total riders per day (those on and off) at bus stops in Renton = about 610 (about 42% of daily Route 153 riders). 3) Total midday (9am-3pm) riders per day (those on and off) at bus stops in Renton = 209. 4) Riders per hour (those on and off) in midday at bus stops in Renton = 35. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2009\Routes 110 153 end contracts IP.doc Randy Corman, President Members of the Renton City Council Page 3 of 3 September 14, 2009 The largest Route 153 ridership activity occurs at the Downtown Renton Transit Center and South Renton Park and Ride, followed by a couple of stops in the vicinity of SW 43rd/South 180th and East Valley Road or Lind Avenue South. The stops at SW 43rd and Lind Avenue South, in addition to being not far from major employers (Valley Medical Center) or shopping destinations (IKEA), also afford riders the ability to transfer to other routes, such as Route 155 that heads west to Tukwila and east to Fairwood. King County Metro has indicated if the City terminates the agreement, midday service on Route 153 will be retained on an hourly basis rather than the half-hour service provided under the partnership. The segment of Route 153 most affected by a switch from half-hour to hourly midday service is along Lind Avenue SW between SW Grady Way and SW 43rd Street, where Route 153 provides the only transit service during the midday. In this segment, there are on average 12 midday riders (those on and off) per hour. The majority of riders within Renton will be unaffected by this change as morning and afternoon peak service is unaffected by this action. With the current decline in City revenues, and despite potential benefits of increased service, staff recommends Renton's financial support of the Transit Now partnership for routes 110 and 153 be terminated in accordance with Section 8 of the partnership agreements. A November 25, 2008, letter from King County Director of Transportation (KCDOT), Harold Taniguchi, advises King County would not seek damages from the City due to withdrawing from a partnership. A copy of this letter is attached hereto. A draft termination letter to be sent to King County Metro from Mayor Law is attached to this issue paper. Attachments: Route 110 Partnership Summary and Map Route 153 Partnership Summary and Map November 25, 2008, Letter from Harold Taniguchi, Director, KCDOT Draft letter from Mayor Law to KC Metro H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2009\Routes 110 153 end contracts IP.doc Transit Service Partnership - Route 110 2007 2007 Annual Hourly Cost Proposal Headway Platform Annual Cost per Total Cost METRO Partner Miles Mile Share Share Hours 30 ft 30 ft bus bus Midday Service and Extension to Coulon Park 30 min 5,850 50,817 $83.93 $2.13 $599,231 $399,487 $199,744 and SW 27th Street BACKGROUND: Voter approved Transit Now provides funding for partnerships to expand transit routes in communities via financial partnerships between public and private entities and King County (KC) Metro. KC Metro will provide funding for service hour increases at a 2:1 ratio. Transit Now requires partners commit to a minimum of $100,000 per year for five years for existing route service expansion and $200,000 per year for five years for new route development. The Metro Transit Route 110 (a.k.a. Renton Urban Shuttle "R.U.S.H.") is a peak hour weekday only service connecting SW Renton (Longacres Commuter Rail Station, Boeing Longacres, and Federal Reserve Bank) with Downtown and North Renton (Boeing, Paccar, Kenworth, and Fry's). Service runs about every 30 minutes between 5:30-8:30 a.m. and 2:30-6:30 p.m. There are 170 daily riders (43,180/year). Annual baseline platform service hours are 3,877. In order to provide better Route 110 service, the City submitted a proposal for a Transit Now partnership to pursue service improvements. A map showing the potential routing is attached. PROPOSAL: Description: Weekday 30 minute service would be extended between the hours of 9:00 a.m. and 3:30 p.m., and all trips would be extended to serve Coulon Park at the north end of the route and SW 27th Street at the south end of the route. This proposal adds 25 trips and extends existing trips to SW 27th Street in the south and Coulon Park in the north. Benefits: This proposal addresses the need for midday, off-peak circulation in Renton. It serves Coulon Park, The Landing, and nearby developments. Net Increase: +5,850 annual platform hours. Estimated Increase in Ridership: 11 riders/hour and 62,800 riders/year by the fifth year. Estimated Total Cost (Year 1): $599,231 Estimated Partner Portion of Cost (Year 1): $199,744 Service to start in 2010. RENTON ROUTE 110 .t. LEGEND won Route 110 - Other Metro routes Transit Center d z o Park & Ride Lot rn > o� © Permanent Leased > v Sounder commuter < v 00 eD N 8th St rail & station coCD ., .►; :ilk Renton urban center z 1. City of Renton i it .. Park �! N 0 025 0.5 id , 1;�.1_ Z - Z Milos ......' O °2 S 132nd.St ... N,0. rport Way SW� a�9ston Renton Ra PBtR S 2nd St S P V S 3rd St s en ton .... Set Nay Transit Center SW 7th St a 5G P South Renton Gtady`7laJ P&R S� SW 16th St 5� C O° C/) m ail ¢> Q° J 167 _m ff{ U The Information Induded on this map has been compiled by -Y pCounty rig Start from a variety of sources and is subject to Tukwila O Mange MOW notice. Kng Couny micas ho ropresentagons S U I I aC.e or wananties, express or Implied, as to a—aq, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, i N trod, incidental, or Lot at Tukwila iy m consequential damages including, but not limited to, lost reve-as or lost profits resulting from the use or misuse of the Information aonta ed net Arty this t SW 27th St _y. S on map. sale of map or information Station t .....__....._. .. Or O on this map is prohibited except by wriden permission of King County. '0 `J Map Moduceo by KrugoSemanf CL 'Q elTrnmponor.Trams Division. ServiceM 'N w aaa S.d-, Sv—PWmg Cwpl`leme,�:�utocellme _ oaonar ts, zoos King �Y Transit Service Partnership — Route 153 Annual Hourly Cost per Proposal Headway Platform Annual Cost for Mile for Total METRO Partner Share Miles 30 ft 30 ft Cost Share Hours Coach Coach Add Midday 30 min 3,900 50,018 $83.93 $2.13 $433,865 $289,244 $, Service 310 e0 ($7210 each) BACKGROUND: Voter -approved Transit Now provides funding for partnerships to expand transit routes in communities via financial partnerships between public and private entities and King County (KC) Metro. KC Metro will provide funding for service hour increases at a 2:1 ratio. Transit Now requires partners commit to a minimum of $100,000 per year for five years for existing route service expansion and $200,000 per year for five years for new route development. The Metro Transit Route 153 is a peak hour weekday only service connecting the cities of Renton and Kent. Service runs about every 30 minutes between 6:00-8:30 a.m. and 2:45-6:00 p.m. There are 460 daily riders (116,840/year). Annual baseline platform service hours are 4,775. In order to provide better Route 153 service, the City of Renton, jointly with the City of Kent, submitted a proposal for the Transit Now partnership program in late 2007 to pursue service improvements. A map showing the routing is attached. PROPOSAL: Description: Weekday 30 minute service would be extended between the hours of 9:00 a.m. — 3:00 p.m. This would consist of 12 additional round trips to serve larger Renton employment sites (with many Commute Trip Reduction affected employer worksites) located along Lind Avenue SW such as Wizards of the Coast, Classmates.com, and Providence Health. Benefits: This proposal addresses the need for midday, off-peak service along East Valley Road in Kent and Lind Avenue SW in Renton. It maintains 30 minute service throughout the day. Net increase: +3,900 annual platform hours. Estimated Increase in Ridership: 25 riders/hour and 95,570 riders/year by the fifth year. Estimated Total Cost (Year 11: $433,865 Estimated Partner Portion of Cost (Year 1): $144,620 ($72,310 each) Service to start September 2008. S langslon Rd ego <Kn s m 9 r e wran S Po7a fr a °Rv I S 216tHSt 0 N£ Q O SW 271h St m oSW NIh St W Q 3 ,SW415t St S 1B6tn SI ;ti � •— N AIr",j Way. Rent? P&R �y S 3id,'SC ; ■ P S Renton 1 .x s� nsit Center P RENTON South Renton PS � m oa N S 21at SI m O N S 2061h St SE 216th SI S 2161h St y y Q S 226th St KENTis z z It/James ` < 'eet P&R - ' E James SI s 240th SI P w smim st Kent Garage at Kent Staton (ST) o r�' st 3 0, '.SE Pelrwilsky SF. 102nd SI j SE Mth 51 Partnership Discussion: Route 153 LEGEND .wre usu Route 153 Other Metro Routes } Sounder Commuter Rail & Station © Permanent Park & Ride Lot Leased Park & Ride Lot Kent Urban Center <' Renton Urban Center Park lnriNa.rbrcae.emw r�or«amm�pa M K+o f�+y Er LQ �..+M n rowr� ro.. W.a w aw •uea mev. iwa �a r..ema.ans.a,. o..ha�s.ehn s.x were owo nn.�avlles�m 0 4n ns vgw 7, 2007 King County a King County � , ' .{ z Department of Transportation 201 South Jackson Street M.S. KSC-TR-0815 �AL Seattle, WA 98104-3856 November 25, 2008 Mr. Gregg Zimmenman Public Works Administrator City of Renton ` 1055 South Grady Way Renton, WA 98057 Dear Mr. Zimmerman: This letter is based on a number of conversations and communications between Metro Transit and City of Renton staff over the last month or so, starting with our meeting of October 13, 2008. We understand that City of Renton intends to enter into a Transit Now Financial Partnership agreement with King County for downtown Renton Route 110 prior to the end of 2008. We also understand the considerable concern by the city about the extent and duration of the current economic downturn, and the possible impact of a protracted economic downtown on the city's budget. In consideration of this very real concern, if for some reason the City of Renton had to provide King County with notification (a minimum of 135 days prior to the implementation of the service partnership in 2010) of the city's inability to pay one-third of the cost of the service partnership, in effect, informing King County of anticipated defaulting, I can state that King County would not seek financial damages from the City of Renton due to its decision to withdraw from the partnership. Thank you again for your participation in the Transit Now financial partnership program. King County looks forward to working with the city to implement the partnership to improve local service to Gene Coulon Park, the Landing, and the many large work sites including Boeing, the King County Election Office, Worksource Renton, the. Federal Aviation Administration regional headquarters, and others. Mr. Gregg Zimmerman November 25, 2008 Page 2 If you have additional questions or concerns regarding the partnership, please contact Victor Obeso, Service Development Manager by email at victor.obeso@kin cg ounty.com or by telephone at 206-263-3109. Sincerely, Harold S. Taniguchi l/ Director, Department of Transportation Received and Concurred: Gregg Zimm t2mi<nitrato ate Public Worksr Cityof Renton cc: Laurie Brown, Deputy Director, Department of Transportation (DOT) Kevin Desmond, General Manager Metro Transit Division, DOT Jim Jacobson, Deputy General Manager, Metro Transit Division, DOT Victor Obeso, Manager, Service Development, Metro Transit Division, DOT September 14, 2009 Mr. Matt Hansen, Supervisor, Market Development King County — Metro Transit Division 400 Yesler Way; M/S YES-TR-0600 Seattle, Washington 98104 Subject: King County Transit Now Financial Partnerships (Metro Routes 110 and 153) Dear Mr. Hansen: The City of Renton was pleased to have two bus routes serving our City accepted into the voter - approved King County Transit Now financial partnership program, an opportunity to support local transit development. However, as King County is well aware, local governments have experienced severe revenue downturns this year and predict even worse conditions in the years to follow. This has forced jurisdictions to cut funding from many worthwhile programs and defer breaking ground on much needed capital projects until revenues rebound. The City of Renton is no different and we have been forced to re-evaluate all of our programs and projects. Unfortunately, with the current decline in City revenues, and despite potential benefits of increased service, Renton's financial support of the Transit Now partnership for routes 110 and 153 will need to be terminated as soon as possible in accordance with Section 8 of the partnership agreements. At this time, there are simply too many other priorities where local funds are required. Renton continues to support transit service and capital development and knows the value of transit services for its citizens and employees as we continue to grow. Once again, we appreciated being selected for these Transit Now opportunities and regret having to terminate these agreements. If you have any questions, please contact Nathan Jones, Transportation Planner at (425) 430-7217. Sincerely, Denis Law Mayor cc: Renton City Councilmembers Jay Covington, Chief Administrative Officer Gregg Zimmerman, Public Works Administrator Peter Hahn, Deputy Public Works Administrator —Transportation Jim Seitz, Planning and Programming Manager Nate Jones, Transportation Planner Suzette Cooke, Mayor, City of Kent H:\Divisions\TRANSPOR.TAT\PLANNING\Nathan Jones\TRANSMMETRO\transit ww\TN to lnatlon_letter_aug6.dx CITY OF RENTON COUNCIL AGENDA BILL Al s: ff Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems September 14, 2009 Agenda Status Staff Contact...... James Wilhoit, Project Manager Extension 7319 Consent .............. X Public Hearing.. Subject: Correspondence.. Citywide Walkway Improvements Project CAG-08-125 Ordinance ............. EnD General Construction, Inc. Resolution............ Old Business........ New Business....... X Exhibits: Final Pay Estimate Study Sessions...... Notice of Completion Information......... Recommended Action: Approvals: Legal Dept......... Council Concur Finance Dept...... Other. .... Fiscal Impact: Expenditure Required... $101.06 Final Pay Estimate Transfer/Amendment. N/A Amount Budgeted....... Revenue Generated N/A (W0009009/18/0002).... Walkway Program: $591,151.51 (t12108/f009/0018/ 0002).... Overlay Program: 111,400.70 Total Project Budget: $702,552.21 SUMMARY OF ACTION: The project started on October 27, 2008, and was completed on August 6, 2009. The original contract amount was $428,435.35. The final contract amount is $702,552.21. Change orders 1 through 12 added a total of $213,215.41 to the contract amount, including the overlay work. Increases in quantities added $60,901.45. All costs are within the respective program budgets. STAFF RECOMMENDATION: Accept completion of the project and authorize payment of the final pay estimate in the amount of $101.06, and release retainage for the full project in the total amount of $35,127.61 after 60 days, subject to the required authorization. li:\Division.s\'I'RANSI'OR.'I'A'n[)FSIGN.I:NG\jwilhoith\alk\\;rys\('ONSTRUC'I'ION\paycst\,valkl,inalPayAGI'NDA 131L1,bhrev.doc TO: FINANCE DIRECTOR 08/12/2009 FROM: TRANSPORTATION SYSTEMS DIRECTOR CONTRACTOR: EnD General Construction, Inc. CONTRACT NO. CAG #08-125 PROJECT: Citywide Walkway Improvements ESTIMATE NO. 7 Final 1. CONTRACTOR EARNINGS THIS ESTIMATE $ 106.38 2. SALES TAX @ N/A $ - 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $ 106.38 d� 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $ 667,323.54 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $ 101.06 6. SUBTOTAL - CONTRACTOR PAYMENTS $ 667,424.60 7. RETAINAGE ON PREVIOUS EARNINGS $ 35,122.29 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE SUBTOTAL RETAINAGE $ 5.32 9. - $ 35,127.61 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE $ - 12. SUBTOTAL - SALES TAX $ - * (95%xLINEI) ** (RETAINAGE: 5%) GRAND TOTAL: $ 702,552.21 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT t00009/f009/18/0002 $ 101.06 RETAINED AMOUNT (Line 8): ACCOUNT t00009/f009/18/0002 $ 5.32 TOTAL THIS ESTIMATE: CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM SIGNED: $ 106.38 � J 14 Date: 08/05/2009 Time:10:03 am Project: Citywide Walkway Improvements Engineer: James P. Wilhoit Project Number: CAG 08-125 Contract No: CAG 08-125 Award Date: 9/15/2008 Notice To Proceed: 10/27/2008 City of Renton - Transportation PROJECT PAY ESTIMATE Estimate No. 7 5/21/2009- 7/31/2009 Vendor: Ehd Gene 81Ironstcucfio% Inc` �+ PO Number: `Total Authorized: Revised Total Authorized w/ CO r Contract Working Days: $397,327.85 $641,650.76 60 Page 1 of 5 Item s DesCn t�onM�a=r,,•=a2 40: �� �� y P, >ur,«5 &# UN T , Contract` ,: Previous This`Estimate TotaiVl/orkCom Ieted.` Percent Complete P Quanta a7nit rice TotaEPnce -. Q - ; C!t Amount _. 'Q Amount _. _- 001 IMobilization LS 1.0000 19,090.1400 19,090.14 1.0000 0.0000 0.00 1.0000 19,090.14 100 002 jClearing and Grubbing ACRE 1 0,1700 1,762.9500 299.70 0.1700 0.0000 0.00 0.17001 299.70 100 003 Saw Cut Existing Asphalt Concrete Pavement LF 2,050.0000 1.7400 3,567.00 1,099.0000 0.0000 0.00 1,099.00001 1,912.26 54 004 Saw Cut Existing Cement Concrete Pavement LF 29.0000 2.5700 74.53 17.9000 0.0000 0.00 17.9000 46.00 62 005 Remove Existing Street Trees EA 1.00001 703.7300 703.73 0.0000 0.0000 0.00 0,0000 0.00 0 006 ;Removing Drainage Structure EA1 4.0000 73.0900 292.36 3.0000 0.0000 0.00 3.0000 219.27 75 007 Remove Existing Retaining Wall LS 1.0000 146.1800 146.18 0.0000 0.0000 0.00 0.0000 0.00 0 008 Removing Cement Concrete Pavement SY 3.0000 6.4300 19.29 19.6600 0.0000 0.00 19.6600 126.41 655 009 Removing Cement Concrete Sidewalk SY1 23.0000 4.2100 96.83 14.4400 0.0000 0.00 14.4 too 60.79 63 010 Removing Cement Concrete Curb And Gutter LF 33.00001 1.4200 46.86 26.0000 0.0000 0.00 26.0000 36.92 79 011 Removing Asphalt Concrete Pavement SY 473.0000 3.9600 1,873.08 668.8100 0.0000 0.00 668.8100 2,648.49 141 012 Removing Gravel Pavement SY 78.00001 2.4200 188.76 78.0000 0.0000 0.00 78.0000 188.76 100 013 014 Removing Storm Sewer Pipe Abandon Existing Pipe LF LF 38.0000 505.0000 3.3200 7.7900 126.16 3,933.95 61.0000 489.0000 0.0000 0.0000 0.00 0.00 61.0000 489.0000 202.52 3,809.31 161 I 97 015 1 Roadway Excavation Incl. Haul CY 200.0000 26.2300 5,246.00 615.0000 0.0000 0.00 615.0000 16,131.451 308 016 jGravel Borrow Incl. Haul TON 32.0000 20.0800 642.56 16.5500 0.0000 0.00 16.5500 332.32 1 52 017 1 Concrete Inlet With Std. Grate EA 2.0000 844.0800 1,688.16 3.0000 0.0000 0.00 3.0000 2,532.24 150 018 Structure Excavation Class B Inc. Haul CY 145.0000 13.9500 2,022.75 211.7600 0.0000 0.00 211.7600 2,954.05 146 019 Catch Basin Type 1 EA 2.0000 663.6600 1,327.32 2.0000 0.0000 0.00 2.0000 1,327.32 100 020 Catch Basin Type 2, 48 In. Dia. EA 2.0000 1,753.5600 3,507.12 2.0000 0.0000 0.00 2.0000 3.507.12 100 021 11 LF 6" PVC 6" SDR35 Pipe W/ Yard Drain EA 1.00001 588.0300 588.03 1.0000 0.0000 0.00 1.0000 588.03 100 022 Corrugated Polyethylene Storm Sewer Pipe - 12" dia. LF 503.0000 36.4600 18,339.38 486.9000 0.0000 0.00 486.9000 17,752.37 97 023 Ductile Iron Sewer Pipe 8 In. Diam. LF 30.0000 64.1500 1,924.50 25.0000 0.0000 0.00 25.0000 1,603.75 83 024 Debris Barrier EA 1.0000 325.8500 325.85 1.0000 0.0000 0.00 1.0000 , 325.85 100 025 !Trench Excavation Safety Systems LS 1.0000 690.0000 690.00 1.0000 0.0000 0.00 1.0000 690.00 100 026 1Resetting Existing Hydrants 027 !Gravel Backfill for Wall EA CY 1.00001 11.00001 1,432.3200 27.80001 1,432.32 305.80 0.0000 2.0000 0.0000 0.0000 0.00 0.001 0.0000 2.0000 0.00 _ 55.60 0 _ 18 Run By: James P. Wilhoit Generated by a SharpeSoR Product Date: 08/05/2009 Time: 10:03 am Project: Citywide Walkway Improvements Engineer: James P. Wilhoit City of Renton - Transportation PROJECT PAY ESTIMATE Estimate No. 7 5/2112009- 7/31/2009 Vendor: PO Number: F��601-6 rZeAB Tntn1Aiithnri7Pr], -P, $397327.85 Page 2 of 5 ltenn p or! t, C- Contract This ;'Estimate r. - Tot aif 6rk bomplet ed-j Percent : F�i 6 Total c A unt Amount Amount '. Am C 0 mplete 028 Gravel Base TON 594.00001 13.5300 8,036.82 359.77001 0.0000 0.001 359.77001 4,867.691 61 029 JCrushed Surfacing Top Course TON 322.0000 25.5600 8,230.32 631.2800 F 0.0000 0.00 631.28001 16,135.51 1 196 030 1 HMA Cl. 1/2 In. PG 64-22 (Ded. 26 Ton CO 10) TON 29.0000 201.2500 5,836.25 29.00001 0.0000 0.00 29.00001 5,836.251 100 031 ICatch Basin Inlet Protection EA 19.0000 77.9000 1,480.101 18.00001 0.0000 0.00 18.00001 1,402.201 95 032 Topsoil Type A CY 80.0000 59.0300 4,722.401 50.0000 0.00001 0.00 50.00001 2,951.501 63 033 Seeding. Fertilizing and Mulching SY 481.0000 0.6700 322.27 0.0000 0.00001 0.00 0.0000 0.001 0 034 Erosion/Water Pollution Control EST 1.0000 1,250.0000 1,250.00 1.0000 0.00001 0.001 1.0000 1,250.001 100 035 ISeeded Lawn Installation SY 481.0000 1.9400 933.14 681.0000 0.0000 0.001 681.0000 1,321.141 142 036 Bark Mulch C I y 80.0000 38.85001 3,108.00 0.0000 0.0000 0.00 0.0000 0.001 0 037 Root Barrier - 12" Depth LF 40.0000 12.1500 486.00 100.0000 0.0000 0.00 100.0000 1,215.00 250 038 �Cement Concrete Pedestrian Curb LF 38.0000 11.6400 442.32 40.5000 0.0000 0.00 40.5000 471.42 107 039 cement Concrete Traffic Curb And Gutter LF 773.0000 15.4800 11,966.04 815.0000 0.0000 0.00 815.0000 12,616.20 105 040 Plastic Crosswalk Line SF 200.0000 3.4500 690.00 0.0000 0.0000 0.00 0.0000 0.00 0 041 Plastic Stop Line I F1 15.0000 14.3800 215.70 0.0000 0.0000 0.00 0.0000 0.00 0 042 Traffic Control LS� 1.0000 22,586.0000 22,586.00 1.0000 0.0000 0.001 1.0000 22,586.00 100 043 j Relocate Existing Water Valve Box To Grade EA 6.0000 51.7500 310.50 3.0000 0.0000 0.001 3.0000 155.251 50 044 Relocate/adjust Water Meter EA 2.0000 34.5000 69.00 0.0000 0.0000 0.00 0.0000 0.001 0 045 Relocate Existing Street Signs EA 2.0000 170.20001 340.40 3.0000 0.0000 0.00 3.0000 .510.601 150 046 Relocate Existing Cable Boxes EAJ 2.0000 69.0000 138.00 1.0000 0.0000 0.00 1.0000 69.001 50 047 Relocate Existing Wood Retaining Wall SFJ 204.0000 2.7100 � 552.84 49.5000 0.0000 0.00 49.50001 134.15 1 24 048 IStandard Frame & Grate EA� 2.0000 223.20001 446.40 2.0000 0.0000 0.00 2.0000 446.401 100 049 Locking Solid Metal Cover And Frame For Catch Basin EA 2.00001 229.40001 458.80 2.0000 0.0000 0.00 2.0000 458.801 100 050 1 Cement Conc. Sidewalk SY 473.00001 25.71001 12,160.831 272.6000 0.0000 0.00 272.6000 7,008.551 58 051 1 Cement Conc. Sidewalk Ramp Type 2 EA 2.0000 911.12001 1,822.24 2.0000 0.0000 0.00 2.0000 1,822.241 100 052 Cement Conc. Sidewalk Ramp Type 4A EA1 1.0000 753.89001 753.89 0.0000 0.0000 0.00 0.0000 0.001 0 053 Cement Concrete Driveway Entrance Type R1 SY1 125.0000 41.18001 5,147.50 255.8000 0.00001 0.00 255.8000 10,533.841 205 054 SPCC Plan LS1 1.0000 138.00001 138.00 1.0000 0.0000 0.00 1.0000 138.001 100 055 Connection to Existing Catch Basin EA 2.00001 235.75001 471.50 3.00001 0.0000 0.00 3.0000 707.251 150 056 iContractor Supplied Surveying LS 1.0000 4,228.2400 1 4,228.241 1.0000 0.0000 0.00 1.0000 4,228.241 100 057 1 Connect Storm Structure To Existing Storm Pipe EA 2.0000 92.00001 184.001 2.0000 0.0000 0.00 2.0000 184.001 100 058 1 Modular Block Wall SY1 50.0000 24.49001 1,224.501 159 5000 0.0000 1 0.001 159.5000 3,906.16 319 Run By: James P. Wilhoit Generated by a SharpeSoft Product Date:08/05/2009 City of Renton - Transportation Time:10:03 am PROJECT PAY ESTIMATE Project: Citywide Walkway Improvements Estimate No 7 5/21/2009- 7/31/2009 �..:. .. 1-- o XAnti�it Vanrinr Fntl rPn alfGonstnicti nc. � s PO Number: Page 3 of 5 Rem - -- -- - A. Deseiiption Y `UN r «� .< •, Contract ;_ Total Authorized: Previous This Estimate:.. t szt. Total Work+.Com leted Percent v;Quanti ;;',. Urnt•Price: Tot3l.Pnce Q _: 0t Amotint =Q Amouht.::. `Complete 059 Finish and Cleanup I LS 1.0000 276.0000 276.00 1.0000 0.0000 0.00 1.00001 276.001 100 060 Utility Potholing I FA 1.0000 1,125.0000 1 1,125.001 15.4664 0.0000 0.001 15.4664 17,399.701 1,547 Grou" : B, OfNE24th'S.T. 001 Mobilization i LS 1.0000 19,104.9500 19,104.95 1.0000 0.00001 0.00 1.0000 19,104.95 100 002 Clearing and Grubbing CRE 0.2500 993.4600 248.37 0.2500 0,0000 0.00 0.2500 248.37 100 003 Saw Cut Existing Asphalt Concrete Pavement LF 2,650.0000 1.7400 4,611.00 2,851.5000 0.0000 0.00 2,851.5000 4,961.61 108 004 Saw Cut Existing Cement Concrete Pavement LF 72.0000 2.5800 185.76 39.5000 0.00001 0.00 39.5000 101.91 55 005 Remove Existing Retaining Wall LS 1.0000 87.9100 87.91 1.0000 0.0000 0.00 1.0000 87.91 100 006 Removing Cement Concrete Pavement SY 52.00001 6.3200 328.64 59.0000 0.0000 0.00 59.0000 372.88 1 113 007 Removing Cement Concrete Sidewalk SY 6.0000 4.2300 25.38 5.0000 0.0000 0.00 6.0000 21.15 83 008 I Removing Cement Concrete Curb And Gutter LF 6.0000 1.4600 8.76 6.0000 0.0000 0.00 6.0000 8.76 100 009 Removing Asphalt Concrete Pavement SY 1,953.0000 4.0100 7,831.53 2,617.5000 0.0000 0.00 2,617.5000 10,496.18 134 010 Removing Gravel Pavement SY 46.0000 2.4200 111.32 52.0000 0.0000 0.00 52.0000 125.84 113 011 Removing Storm Sewer Pipe LF 31.0000 4,0800 126.48 164.0000 0.0000 0.00 164.0000 669.12 529 012 Abandon Existing Pipe LF 150.00001 7.7800 1,167.00 150.0000 0.00001 0.00 150.0000 1,167.00 100 013 1 Roadway Excavation Incl. Haul CY 345.0000 26.2600 9,059.70 719.9400 0.0000 0.00 719.9400 18,905.62 209 014 Gravel Borrow Incl. Haul TON 28.0000 19.0600 533.68 296.4700 0.0000 0.00 296.4700 5,650.72 1,059 015 Concrete Inlet With Std. Grate EA 3.0000 844.0800 2,532.24 3.0000 0.0000 0.00 3.0000 2,532.24 100 016 Structure Excavation Class B Inc. Haul CY 235.0000 13.9500 3,278.25 380.0000 0.0000 0.00 380.0000 5,301.00 162 017 Catch Basin Type 1 EA 2.0000 663.6600 1,327.32 1.0000 0.0000 0.00 1.0000 663.66 50 018 Catch Basin Type 2, 48 In. Dia. EA 6.0000 1,700.2200 10,201.32 6.0000 0.0000 0.00 6.0000 10,201.32 100 020 Corrugated Polyethylene Storm Sewer Pipe - 12" dia. LF 841.0000 36.4800 30,679.68 830.0000 0.0000 0.00 830.0000 30,278.40 99 021 Ductile Iron Sewer Pipe 8 In. Diam. LF 60.0000 64.1600 3,849.60 52.0000 0.0000 0.00 52.0000 3,336.32 87 022 ;Trench Excavation Safety Systems LS 1.0000 690.0000 690.00 1.0000 0.0000 0.00 1.0000 690.00 100 023 ;Resetting Existing Hydrants EA1 2.0000 1,533.8700 3,067.74 2.0000 0.0000 0.00 2.0000 3,067.74 100 024 !Gravel Base TON 1,119.0000 13.5300 15,140.07 354.5500 0.0000 0.00 354.5500 4,797.06 32 025 Crushed Surfacing Top Course TON 618.0000 25.7200 15,894.96 1,031.8900 0.0000 0.00 1,031.8900 26,540.22 167 026 IHMA Cl. 1/2 In. PG 64-22 (Ded. 180 Ton CO 10) TON 0.0000 143.7500 0.00 0.0000 0.0000 0.00 0.0000 0.00 0 027 Silt Fence LF 321.0000 3.7800 1,213.38 321.0000 0.0000 0.00 321.0000 1,213.38 100 028 Catch Basin Inlet Protection EA 16.0000 77.90001 1,246.40 7.0000 0.0000 0.00 7.0000 545.30 44 029 Topsoil Type A CY 62.0000 59.0400 3,660.48 140.0000 0.0000 0.00 140.0000 8,265.60 226 Run By: James P. Wilholt Generated by a SharpeSoft Product Date: 08/05/2009 Time:10:03 am Project: Citywide Walkway Improvements Engineer: James P. Wilhoit City of Renton - Transportation PROJECT PAY ESTIMATE Estimate No. 7 5/2112009- 7/31/2009 Vendor: -End General Construcfi�R onKinc ��� PO Number: �''' Jr,.,..:'�...Y..,"`�vT..+'.. ✓'.s"x:,...�.,..,.`:'... Tn+al A4hnri�nri• P.RA7'127 95 rage 4 of 5 Item - No. : Descnptioh: UN , Contract :: Previous This Estimate:;. Taal Work Com feted PercehT.:° Quanta lJrnt Pnce,.. Total Pace. _ t,„ O Qt Amount O - Amount 'Complete 030 'Seeding. Fertilizing and Mulching SY 374.0000 0.6700 250.58 0.00001 0.00001 0.00 6.0000 0.00 0 031 IErosion/Water Pollution Control EST 1.0000 1,250.0000 1,250.00 1.0000 0.0000 0.00 1.00001 1,250.00 100 032 Seeded Lawn Installation SY 374.0000 1.9400 725.56 541.0000 0.0000 0.00 541.0000 1,049.54 145 033 Bark Mulch CY 62.0000 38.8900 2,411.18 35.00001 0.0000 0.00 35.0000 1,361.151 56 034 Root Barrier - 12" Depth LF 100.0000 7.3800 738.00 0.0000 0.0000 0.00 0.0000 0.00 0 035 Cement Concrete Pedestrian Curb LF 19.0000 11.6400 221.16 20.0000 0.0000 0.00 20.0000 232.80 105 036 Cement Concrete Traffic Curb And Gutter LF 1,332.0000 15.31001 20,392.92 1,463.0000 0.0000 0.00 1,463.0000 22,398.531 110 037 Plastic Crosswalk Line SF 200.00001 3.4500 690.00 0.0000 0.0000 0.00 0.0000 0.00 0 038 (Plastic Stop Line LF 15.0000 14.3800 215.70 0.0000 0.0000 0,00 0.0000 0.00 0 039 Traffic Control LS 1.0000 25,806.0000 25,806.00 1.0000 0.00001 0.00 1.00001 25,806.00 1 100 040 Relocate Existing Water Valve Box To Grade EA 3.0000 51.7500 155.25 1.0000 0.0000 0.00 1.00001 51.75 1 33 041 (Relocate/adjust Water Meter EA 5.0000 112.4400 562.20 3.0000 0.0000 0.00 3.00001.337.32 1 60 042 Relocate Existing Street Signs EA 1.0000 170.2000 170.20 3.0000 0.0000 0.00 3.0000 510.60 300 043 Relocate Existing Mail Boxes EA 8.0000 106.3800 851.04 9.0000 1.0000 106.38 10.0000 1,063.80 125 044 Relocate Existing Rockery SF 140.0000 12.76001 1,786.40 47.0000 0.0000 0.00 47.0000 599.72 34 045 JVaned Frame & Grate EA 1.0000 223.2000 223.20 1.0000 0.00001 0.00 1.0000 223.201 100 046 Standard Frame & Grate EA 3.00001 223.2000 669.60 1.0000 0.0000 0.00 1.0000 223.20 33 047 Locking Solid Metal Cover And Frame For Catch Basin EAI 4.0000 229.4000 917.60 4.0000 0.0000 0.00 4.0000 917.601 100 048 Cement Conc. Sidewalk SY1 661.0000 25.7100 16,994.31 394.5800 0.0000 0.00 394.5800 10,144.65 60 049 (Cement Conc. Sidewalk Ramp Type 2 EA 1.00001 842.5100 842.51 1.0000 0.0000 0.00 1.0000 842.51 _ 100 050 Cement Conc. Sidewalk Ramp Type 4A EA 1.0000 753.8900 753.89 0.0000 0.0000 0.00 0.0000 0.00 0 051 ICement Concrete Driveway Entrance Type R1 SY1 246.00001 41.1800 10,130.281 392.4400 0.0000 _ 0.001 392_44001 16,160.681 160 053 Connection to Existing Catch Basin EA 1.00001 235.7500 235.75 1.0000 0.0000 0.00 1.0000 235.75 100 054 Contractor Supplied Surveying LS 1.0000 4,228.2400 4,228.24 1.0000 0.0000 0.001 1.0000 4,228.24 100 055 IConnect Storm Structure To Existing Storm Pipe EA 1.0000 92.0000 92.00 0.0000 0.00001 0.001 0.0000 0.00 0 056 1 Finish and Cleanup LS 1.0000 276.0000 276.00 1.0000 0.0000 0.00 1.0000 276.00 100 057 1 Utility Potholing FA 1.0000 875.0000 875.00 4.8612 0.0000 0.00 4.8612 4,253.55 419 CO 1 Pollution Insurance Reimb LS 1.0000 3,272.0000 1 3,272.00 1.0000 0.0000 0.00 1.0000 3,272.00 100 CO 2 Replace fire hydrant assemblies EA 2.0000 2,202.2050 1 4,404.411 2.00001 0.0000 0.00 2.0000 ' 4,404.41 100 CO 3 Extend contract time 2 days for potholing LS 1.0000 0.0000 6.6611.0000 0.0000 0.00 1.0000 0.00 100 Run By: James P. Wilhoit Generated by a SharpeSoft Product 1 Date: 0810512009 City of Renton - Transportation Time: 10:03 am PROJECT PAY ESTIMATE Project: Citywide Walkway Improvements Estimate No. 7 5/21/2009- 7/3112009 Engineer: James P. Wilhoit Vendor: End General Construction, Inc. PO Number: Total Authorized: Page 5 of 5 Item Description UN Contract Previous This Estimate Total Work Completed Percent No. Quantity Unit Price Total Price Qty Oty Amount Oty Amount Complete CO 4 Replace damaged storm drain line under sidewalk path LS 1.0000 749.8900 749.89. _ _1:0000 0.0000. _- 0.00 1.00001 749.90 100 -- - .. __. - - CO 5 Revise 5/W, CBG, Flowline 8 Drainage I LS 1.0000 46,312.8400 46,312.84 1A000 0 0000 ! 0 0.00 1A000 46,312.84 100 potholing LS 1.0000; 0 0000 0.00 I 1.00. 0 0000 0.00 1.0000' 0.00 100 CO 6 Extend contract time 1 day for po g , �._ _ __ --- .- ; -- . --- CO 7 Add perf. PVC "french drain" &PVC pipe LS 1.0000{ 22,635.9400 22,635.94 1.0000 0 0000. 0.00 1.000-0 22 635 95 100 .CO 8. . Plant juniper tarA eF-ea{at W46k00 RT. to -18*00 RT LS -. 1.0000 , 5 723.9000 < 5,723 9Qi .._. 1..0000 y. A 0000 ._- _ _ . 0.00 J �000 s 723 90_; 100. - _... . Cog Budd, rebuild/replace wa{kways on residents properties FA 1.0000 30 732 9600 30,732 96 1,0000 0 0000 , 0.00 1 0000 30,732,961 100 CO 10C HMA CL 1/2" PG 64 22 ROADWAY PAVING TON 1,008.0000; - 88.1500 88.855.201 1,092.6500 0_0000 0.00. 1 092 6500 96,3317.10 j 108 - ---- CO 10C' HMA CL 1/2" PG 64-22 PATCHING DRIVEWAYS TON, 50.0000, 150.6500 7,532 50 83.0000 . 0 OOOQ 0.00 83.0000 12 503.95 166 _. CO 10C PLANING SY 1,500.0000 4.3100. 6,465.001 : 1,967.0000 0.0000 0.00 1,967.0000 8,477.T7 131 1 _....._.. _.. .. CO tOC ADJ MANHOLES & CB'S EA, 24.0000 4T3 8000 11,371 20 20.0000 0 OOOQ 0 OQ 20_0000 9,476.00 - _ .._ _ -- .. ..._ CO 10C ADJ GAS VALVES WATER VALVES &MONUMENTS EA-. 23.0000' _ --- 7500 _7,009.25, 20:0000 i 0.0000 0.00 20.0000 6,095.00 + 87 _ ._ _-_ . . CO 10C. ADDITIONAL BONDING EXP & OVERHEAD LS' 1.0000; 21280.0000 2,280 00 . 1 0000 0 0000 OAO 1. 0000 i 2 280 00 : 100 ........... Coll Plans juniper ground cover in front of 2115 Jones Ave NE L5 1 0000 1,110.7100 1,110.71 1.0006 .0.0000 0.00 1 0000^ 1 110.71100 - _ - 00 CO 12 Provide Traffic Control for Overlay Work added by CO 10 LS! 1.0000 5,867.1100 5,867.11 i 1.0000' 0 0000 0 00 1 0000 5 867 11 t Percent of Amt Completed: 177% !Amount This Estimate w/CO: $106.38 Percent of Days Completed: 187% ;Total Work Completed to,Date: $446,592.61 Res, Engineer Date Contractor Started: 10/27/2008 ;CO Amount This Estimate: $0.00 dent Working Days Started: 10/27/2008 C/O Total to Date: $255,9$0.00 --- //t/'21QGy )Materials On Hand: �� / Original Completion: 1/27/2009'Materials On Hand Deduction: $0•00 E r r G v�Ot Date Non -Working Days: 18 ;Overall Total Completed: $702,552.21 Time Extension Days: 42!Deduct 5,00% Retention $(35,127.61) j4Retention Withheld this Estimate $(5.32) C coon Manager Date I Estimated Completion: 4/21/2009 Actual Completion: 4/13/2009 1.Retentlon.Withheld to Date: $(35.127.61)' ;Retention Released to Date: $0.00 U.... Date -... Other Deductions: $0.00 Representative 'Total Deductions: $(35,127.61) ;Total Due to Date: $667,424.60 Deduct Previous Payments: $(667,323.54) Balance Due This Estimate: $101,06 Run By: James P. Wilhoit► Gerrerated by a SharpeSofl Product STATF O� State of Washington Reg.No.: 0 6 ' > Department of Revenue x Audit Procedures & Administration Date: August 12, 2009 oy"� PO Box 47474 1889 Olympia, Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USUONLY, City of Renton Assigned To 1055 South Grady Way Renton, WA 98057 Date Assigned Notice is hereby given relative to the completion of contractor project described below. Description of Contract CAG-08-125 Citywide Walkway Improvements Project Contractor's Name EnD General Construction, Inc. Telephone No. (206) 786-5383 Contractor's Address 1621 Pease Avenue Sumner, WA 98390 Date Work Commenced Date Work Completed Date Work Accepted October 27, 2008 August 7, 2009 August 7, 2009 Surety or Bonding Co. First National Insurance Company of America Agent's Address Chad Epple HUB International Northwest 2100 NE 195`h Street., Suite 200 Bothell, WA 98011 Contract Amount: Additions or Reductions Sales Tax: Total $ 428,435.35 $ 274,116.86 $ ------ $ 702,552.21 Uzz Phone No: Amount Disbursed Amount Retained: Total: $ 667,424.60 $.- 35,127.61 $ 702,552.21 (Disbursing Officer) The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- 7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 31 0020 (12-92) H:\Division.s\TRANSPOR.TAT\DESIGN. ENG\jwilh6it\walkways\CONSTRUCTION\payest\walkCOMPFORM.DOC CITY OF RENTON COUNCIL AGENDA BILL Al #: 2so Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Transportation Systems September 14, 2009 Agenda Status Staff Contact...... Robert Lochmiller, Project Manager Consent .............. X Public Hearing.. Subject: Correspondence.. Rainier Avenue South (SR 167) Improvement Project Ordinance ............. Phase 1: Shattuck Avenue South Stormwater Bypass Resolution............ Project Old Business........ New Business....... X Exhibits: Issue Paper Study Sessions...... Information......... Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: T12703 Expenditure Required... $30,635.60 Transfer/Amendment....... Amount Budgeted....... $267,000.00 (2009) Revenue Generated......... $1,948,674 Total Project Budget $11,237.592 (2009) City Share Total Project.. SUMMARY OF ACTION: With federal funding involved in the project, the City will need construction support of a materials lab to provide testing and verification that all materials used in the construction are in accordance with federal procedures and test methods. The King County Road Services Materials Lab will perform concrete testing, compaction testing, asphalt testing, steel fabrication inspection, etc. as an on -call service to the City. The City already has an agreement with King County Road Services (CAG-08-180) for on -call road related services. The Transportation Systems Division would like to use them under this same agreement for the material testing on Rainier Avenue South (SR 167) Improvement Project Phase 1: Shattuck Avenue South Stormwater Bypass. King County Road Services estimates the cost to be $30,635.60. This phase of the project is funded by a $1,948,674 federal grant for construction costs and construction management service. STAFF RECOMMENDATION: Authorize the Transportation Systems Division to use the King County Road Services Materials Lab for material testing on the Rainier Avenue South (SR 167) Improvement Project Phase 1: Shattuck Avenue South Stormwater Bypass Project. C:\Documents and Settings\JSeth\Local Settings\Temporary Internet Files\Content.Outlook\SPSDK6FZ\KC Labs 090902 AB.doc PUBLIC WORKS DEPARTMENT D City of M E M O R A N D U M DATE: September 14, 2009 TO: Randy Corman, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator 640 STAFF CONTACT: Robert Lochmiller, Transportation Design Project Manager, extension 7303 SUBJECT: Rainier Avenue South (SR 167) Improvement Project Phase 1: Shattuck Avenue South Stormwater Bypass: Material Testing ISSUE: Should Council authorize Transportation Systems Division to use the King County Road Services Materials Lab for material testing on the Rainier Avenue South (SR 167) Improvement Project Phase 1: Shattuck Avenue South Stormwater Bypass Project? RECOMMENDATION: Authorize the Transportation Systems Division to use the King County Road Services Materials Lab for material testing on the Rainier Avenue South (SR 167) Improvement Project Phase 1: Shattuck Avenue South Stormwater Bypass Project. BACKGROUND: With federal funding involved in the project, the City will need construction support from a materials lab to provide testing and verification that all materials used in the construction are in accordance with federal procedures and test methods. King County Road Services Materials Lab will perform concrete testing, compaction testing, asphalt testing, steel fabrication inspection, etc. as an on -call service to the City. The City already has an agreement with King County Road Services (CAG-08-180) for on -call road related services. The Transportation Systems Division would like to use them under this same agreement for the material testing on Rainier Avenue South (SR 167) Randy Corman, President Members of the Renton City Council Page 2 of 2 September 14, 2009 Improvement Project Phase 1: Shattuck Avenue South Stormwater Bypass. King County Road Services estimates the cost to be $30,635.60. This phase of the project is funded by a $1,948,674 federal grant for construction costs and construction management service. Attachment: King County Request #RN-005, Scope of Work cc: Peter Hahn, Deputy PW Administrator —Transportation Bob Hanson, Transportation Design Supervisor Rob Lochmiller, Transportation Design Project Manager Connie Brundage, Transportation Administrative Secretary H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2009\Issue paper for KC Labs 090902 IP.doc Derek Akesson gym: Discretionary.Roads@kingcounty.gov it: Friday, August 07, 2009 10:31 AM 0: Derek Akesson; Discretionary. Roads@metrokc.gov Subject: Request for Authorization for Request #RN-005 The Form B is Complete for Discretionary Request 4RN-005. Please review and authorize the Form B if you want the county to proceed with the work.. Please click HERE to authorize the Form B. Form A Detailed Information Request #: RN-005 Date Submitted: 07/29/2009 Problem Description: Utilization of King County Road Services Division Materials Lab for testing of materials for the following City of Renton project. RAINIER AVE S (SR 167) IMPROVEMENTS PROJECT PHASE 1: SHATTUCK AVE. S STORMWATER BYPASS FEDERAL AID NUMBER: ARRA-0167(044) Nature of Request: Utilization of King County Road Services Division Materials Lab for testing of materials for the following City of Renton project. See Exhibit 1 for the Scope of Work. Location: Project location is on Shattuck Ave. S between S 4th Place and S 7th Street in the City of Renton. tachments: .cope of Work: Yes Engineering Design: No Map: No Budget: No City Priority: Medium Special Scheduling Requirements: The City anticipates award of the construction contract on August 3, 2009. The City anticipates construction will start mid to late August, 2009. The number of working days in the contract is 80. City Project Manager: Rob Lochmiller - 425-430-7303, Derek Akesson - 425 Authorized By: Derek Akesson Form B Detailed Information Project #: Work Order #: Recommended Action: Field and laboratory testing of HMA, Aggregates, Concrete. Contract Administration of materials by maintaining Record of Material, review and approval materials incorporated in the project. Proposed Schedule: Aug 2009 County Project Manager: Geralyn Miller-Nucci ist Estimate: $30,635.60 huthorized By (City): RAINIER AVE S (SR 167) IMPROVEMENTS PROJECT PHASE 1: SHATTUCK AVE. S STORMWATER BYPASS FEDERAL AID NUMBER: ARRA-0167(044) EXHIBIT 1 SCOPE OF WORK King County Road Services Division Materials Lab This scope of work is intended to provide details of materials testing services from King County Road Services Division Material Lab (County Materials Lab) for the City of Renton (City) for the Rainier Ave. S (SR167) Improvements Project, Phase 1: Shattuck Ave S Stormwater Bypass (City's Project). County Materials Lab will support the City's Project by providing the following services and any other services as needed and requested by the City: • Sample, test, and verify all materials used in construction of the City's Project in accordance with WSDOT Construction Manual procedures and test methods. This includes, but is not limited to the following: o Concrete mix design review and testing o Compaction testing of trench backfill and roadway sub -base o HMA pavement mix design review and compaction testing o Manhole and catch basin certification o Structural steel fabrication inspection o Structural steel high -strength bolt testing (as required) CAG-08-180 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON FOR PROVISION OF SERVICES BY THE KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made and entered into by and between King County, hereinafter called the "County," and the City of Renton, hereinafter called the "City." RECITALS A. The City owns public roads and traffic devices which require maintenance and/or other improvements. B. The City wishes the County Road Services Division to provide or perform certain services for the City. C. The parties can achieve cost savings and benefits in the public's interest by having the County complete those services for the City at the City's expense. D. This Agreement establishes the City's role and responsibilities as the recipient of such services and the County's role and responsibilities as the provider of such services. E. The parties are authorized by RCW Chapter 39.34 to enter into an interlocal cooperation agreement of this nature. NOW, THEREFORE, the parties agree as follows: TERMS AND CONDITIONS: Services 1.1 The County Road Services Division will, upon the City's request, provide the City with Traffic Maintenance, Road Maintenance, Construction Management and Engineering, Environmental services and other road related services. Examples of the types of Traffic and Road Maintenance services to be provided are contained in Exhibit 1 of this Agreement. The services provided to the City shall be any service that the City requests to the extent that the County Road Services Division is able to provide such service. 1.2 The County shall only perform services as requested by the City through the procedure described in Section 2 below. 1.3 The County shall act as a contractor of services only and will not purport to represent the City professionally other than in providing the services requested. 1.4 The County shall be the lead agency for the completion of work items requested by the City. "rile County shall provide services in the type, nature, and magnitude requested by the City. Y 1.5 to the event either party decides to make changes to the work items requested that itten notification from the City authorizing such alters the original scope of work, wr _changes shall be required preceding any such work. 2. Procedure for Requesting Services 2.1 The City shall request services furnished by the County through the procedure identified in Exhibit 2 of this Agreement. 2.2 The County shall provide the City with a cost estimate for individual service requests. County and City Coordination 3.1 The City and County shall notify each other in writing of their respective operations liaisons) responsible for administering day-to-day operational activities related to the provision of services under this Agreement. 3.2 The County and City liaisons shall meet as needed to review performance or to resolve problems or disputes. Any problems or disputes which cannot be resolved by the City and County liaisons shall be referred to the authorized City representative and the Road Services Division Director. 4. Personnel and Equipment 4.1 The County is acting hereunder as an independent contractor so that: a. control of personnel standards of performance, discipline, and all -other aspects of work shall be governed entirely by the County; b. except as described in 4.3 below, all persons rendering service hereunder shall be for all purposes employees of the County. 4.2 The County shall furnish all personnel, resources, and materials deemed by the County to be necessary to provide the services herein described and subsequently requested and authorized by the City. 4.3 In the event the County uses a contractor to perform one or more of the services requested by the City, the appropriate supervision and inspection of the contractor's work will be performed by the Comity. Compensation 5.1 Costs. The City will pay the County for actual costs (direct labor, employee benefits, ies, utilities, permits, and administrative equipment rental, materials and suppl overhead costs) for the services provided by the County as set forth herein. Administrative overhead costs for each work item shall be charged as a percentage of direct labor costs. 5.2 13111m . The County shall bill the City monthly for the costs of services provided. The monthly bill will reflect actual costs plus the administrative overhead set forth in Section 5.1 above. Payments are due within 30 days of the City's receipt of said invoice. 5.3 Extraordinary Costs. Whenever the City desires to modify a requested service, it shall notify the County in writing of that desire, and the County shall, before providing the modified service, advise the City in writing as to whether the modification would result in any increased or extraordinary costs and the amount thereof. If, after receiving such notification, the City authorizes the modification of service in writing, then it shall be responsible for any increased or extraordinary costs in the amount specified by the County. If the City decides not to authorize the modification of service, it shall notify the county in writing, and advise the county whether service shall continue as originally requested or the city cancels the request. If the City cancels the request, the City shall be responsible for all cost incurred by the County prior to and in connection with the cancellation. 6. City Responsibilities 6.1 The City hereby gives authority to the County to perform services within the City limits for the purposes of carrying out this Agreement. 6.2 The City is responsible for obtaining any permits or other authorizations that may be necessary for the County to carry out the work under this Agreement. 6.3 Nothing in this Section shall alter the status of the County and the Road Services Division as an independent contractor of the City, and the County's actions shall not be deemed to be those. of the City when exercising the authority granted in this Section 6. County Responsibilities 7.1 "The County shall furnish and supply all necessary labor, supervision, machinery, equipment, materials, and supplies to perform the services requested by the City. 72 The County shall make every effort to recognize pertinent City deadlines for completion of services, and shall notify the City of any hardship or other inability to perform the services requested, including postponement of work due to circumstances requiring the County to prioritize its resources toward emergency - related work outside of the City limits. Duration 8.1 This Agreement is effective upon signature by both parties, and shall remain in effect for the remainder of the calendar year in which it is signed and throughout the following calendar year. 8.2 Thereafter, this Agreement shall renew automatically from year to year effective January I to December 31 of each calendar year, unless either party notifies the other in writing to terminate or make substantial changes to this Agreement by April 1 of the preceding calendar year. 9. Indemnification Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons arising out of activities conducted pursuant to it. 10. Insurance The County certifies that it is fully self -insured. 11. Audits and Inspections The records and documents pertaining to all matters covered by this Agreement shall be retained and be subject to inspection, review, or audit by the County or the City during the term of this Agreement and for three (3) years after termination. 12. Entire Agreement and Amendments This Agreement contains the entire written agreement of the parties hereto and supersedes any and all prior oral or written representations or understandings. This Agreement may be amended at any time by mutual, written agreement between the parties. 13. Invalid Provisions If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the parties. 14. Other Provisions 14.1 Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of the City and the County, or their officials, employees, agents or representatives, to any party not a signatory to this Agreement. 14.2 Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 14.3 The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 14.4 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last written below. KING COUNTY Vn.u�nt,1'EXxe�-c-tive A� Date p v o Form CITY RENTON C1tyN4ayoF Denis Law N� Dale ATTEST : of ti Bonnie I. Walton, City Clerk Appr d as to Form Lawrence J. Warren City of Renton Attorney King County Dclnity ['rosecuting City Attorney Attorney Exhibit 1 Traffic Services: The following -are examples of traffic services provided by the County. Actual services provided will be those requested by the City, and the County shall provide such services in the magnitude, nature, and manner requested by the City. The City shall set its own service level standards and policies for all roadway features. The County is.merely a contractor for the purpose of implementing City roadway service standards and policies. sign faces and rotten posts, straightening 1.1 Sign Maintenance: Replacing faded s leaning posts, cleating uncleated posts, relocating signs for visibility or pedestrian safety, maintenance of vandalized signs or signs damaged by vehicle accidents, inspection of signs to check for reflectivity, cutting or trimming bushes or limbs blocking visibility, removal of signs when appropriate, installation of new signs upon City request. 1.2 Signal Maintenance: Replacing and cleaning light systems for signal and flasher displays and signs, installation and repair of vehicle detector loops, checking and adjusting signal timing, examining traffic signal operation to assure it is operating as intended, inspecting hardware for wear or deficiencies, testing and repairing of electronic control devices and components, repair or replacement of signal and flasher displays and supports or wiring external to controller cabinets, modification of controller cabinets, testing of new and modified cabinets and control devices, traffic counter testing and repair, preventative maintenance. 1.3 Sign Fabrication: Design and fabzicate signs of any size as needed by the City. 1.4 Crosswalks: Refurbishing with thermoplastics and temporary tape and removal when appropriate. 1.5 Stop Bars: Refurbishing with thermoplastics and temporary tape and removal when appropriate. 1.6 Arrows/Legends: Remarking worn arrows and removing when appropriate. 1.7 Curb Painting: Maintenance of curbing, islands, and parking stalls. 1.8 Raised Pavement Markers: Removal and replacement of raised pavement markers or nimble bars. 0 1.9 Striping: Painting linear road stripes on pavement, such as centerlines, edge lines, radius and channellzatlon, removal of lines, stripes, or symbols. 1 . 10 Street Lights: Replacement of light bulbs in existing street Iights not maintained by power companies, repair and replacement of street light heads, poles, or wiring. l . l 1 Utility Locating: Locating underground traffic facilities for utilities or other digging operations. 1.12 Flasher/Crosswalk Preventative Maintenance: Examining to assure equipment is operating as intended and inspecting hardware for wear or deficiencies. 2. Roadway Maintenance: The following are examples of roadway maintenance services provided by the County. Actual services provided will be those requested by the City, and the County shall provide such services in the magnitude, nature, and manner requested by the City. The City shall set its own service level standards and policies for all roadway features. The County is merely a contractor for the purpose of implementing City roadway service standards and policies. 2.1 Traveled Roadway Surface: Patching, crack pouring, pre -level work, pavement replacement, grading, dust control. 2.2 Shoulders: Restoration construction, paving, curb and gutter repair, spraying, extending pavement edge. 2.3 Drainage: Installation of drainage pipe, curb, catch basins, culvert headers/trash racks; hand ditching, drainage pipe repair, catch basin and manhole cleaning, blade ditching/shoulder pulling, drainage systems cleaning, pipe marking, drainage preparation, catch basin repair, culvert header/trash rack replacement and repair, bucket ditching, catch basin replacement, erosion control, catch basin/manhole cover replacement, silt removal, Ditchmaster ditch cleaning. 2.4 Structures: Installation of rock, gabion and rip -rap walls, guardrails, fencing, median barrier walls; rock wall repair or replacement, guidepost installation, guardrail repair, retaining wall repair, median barrier replacement, guardrail post removal, fencing repair, bridge repair. 2.5 Traffic and Pedestrian Facilities: Concrete sidewalk installation, sidewalk/walkway repair, hazardous material cleanup, street sweeping, street flushing, snow and ice control, maintaining traffic control barricades. 2.6 Roadside: Landscape restoration, slope/shoulder mowing, litter pickup, hand brushing, danger tree removal, landscape maintenance, slide removal, ornamental tree maintenance, tree trimming, hand mowing, roadside spraying, tansy ragwort spraying, washout repair. Exhibit 2 Services Request Process City liaison completes a "Request and Approval for Services" (Form A attached). 2. City Mayor, or designee, signs under the heading "Authorization for Request of Services" on the Form B. 3. The Form A is transmitted to the County liaison. 4. The County liaison delegates the request to the appropriate Section for review. 5. A County Section epresentative will complete Form A of the "Request and Approval for Services." Form B will include the recommended action, cost estimate, and proposed schedule. If the Road Services Division is unable to provide the requested service, a notation will be made on the Form B, and the form will be returned to the City in a timely manner. 6. The County's cost estimate will include all applicable costs for the service requested as described in Section 5.1 of the Agreement. 7. If the cost estimate is $500 or less, the County may proceed with the requested service as authorized by the city representative on Form A. If the cost estimate is over $500, Form B is transmitted to the City liaison for authorization. The signed Form B is then transmitted back to the County. 8. The County shall complete the requested work upon receipt of the signed Form B. If the County is unable to compete the work in accordance with the proposed schedule, it shall notify the city immediately. 9. The County and City liaisons maintain a file of all service requests. 10. The County liaison maintains a tracking system of all the service requests and provides the City with an updated report at least quarterly. 9 REQUEST AND APPROVAL FOR SERVICES CITY OF --------- FORM A Request Number: Date: Nature of Request: Location: Requester Name: Address: Telephone: Authorization for Request of Services: City Authorized Signature Date FORM B Date: Project/Work Order Number: Recommended Action: Cost Estimate: Proposed Schedule: Authorization to Proceed: Date Completed: Director, Road Services Division Date City Authorized Signature Date (it'cost estimate over $500) CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Dept/Div/Board.. Utility Systems/Water Utility Staff Contact...... Abdoul Gafour, x7210 J.D. Wilson, x7295 Subject: Addendum No. 1 to CAG-09-090 with R.W. Beck for 196 Pressure Zone Reservoir Preliminary Feasibility Study Exhibits: Issue Paper Addendum No. 1 to CAG-09-090 Recommended Action: Council Concur Fiscal Impact: Expenditure Required Amount Budgeted...... Total Project Budget.. SUMMARY OF ACTION: $46,080.00 (for Addendum No. 1) $100,000 (for this contract) (Acct #425/u55570) $200,000 (2009 budget) AI #: T, r For Agenda of: September 14, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X Approvals: Legal Dept......... X Finance Dept...... X Other ............... Transfer/Amendment.......... Revenue Generated ............. City Share Total Project........ 100% The Water Utility requests approval of Addendum No. 1 to Engineering Consultant Agreement CAG-09-090 with R.W. Beck, in the amount of $46,080.00, to conduct additional geotechnical investigations as part of a feasibility study on a potential site for a future City 196 zone water reservoir in the Black River quarry area. The Water Utility selected R.W. Beck, from the approved 2009 Utility Systems Annual Consultant Roster, to perform this work. The Water Utility has budgeted sufficient funds in its 2009 Capital Improvement Program budget to cover the cost of the consultant contract. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Addendum No. 1 to Engineering Consultant Agreement CAG-09-090 with R.W. Beck, in the amount of $46,080.00, for consultant services related to the evaluation of a site for a future City 196 zone water reservoir in the Black River quarry area. H:\File Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Development\WTR-13-0108 - 196 PZ Reservoir Site Eva luation\Contract\Addenduml\Agnbill_196PZReservoirSite Eva l_AddendurnLdoc\JDaw PUBLIC WORKS DEPARTMENT City of M E M O R A N D U M DATE: August 27, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM: Gregg Zimmerman,lAkinistrator STAFF CONTACT: Abdoul Gafour, Water Utility Supervisor (ext. 7210) J.D. Wilson, Water Utility Engineer (ext. 7295) SUBJECT: Addendum No. 1 to CAG-09-090 Consultant Agreement with R.W. Beck for 196 Pressure Zone Reservoir Preliminary Feasibility Study ISSUE: Should Council approve Addendum No. 1 to Engineering Consultant Agreement CAG-09-090 with R.W. Beck, in the amount of $46,080.00, to conduct additional geotechnical investigations as part of a feasibility study on a potential site for a future City 196 zone water reservoir in the Black River quarry area? RECOMMENDATION: Approve Addendum No. 1 to Engineering Consultant Agreement CAG-09-090 and authorize the Mayor and City Clerk to execute the addendum to the contract with R.W. Beck, in the amount of $46,080.00, for consultant services related to the feasibility study on a potential site for a future 196 zone water reservoir. BACKGROUND SUMMARY: Preliminary geotechnical investigations conducted at the proposed reservoir site indicated that the site is underlain by a thick layer of fill materials, including concrete and construction rubble with undetermined void spaces. Under the original contract scope of work, the equipment used for soils investigation is limited to a track mounted backhoe, which is not capable of excavating through the underlying rock layer, located about 18 feet below the ground surface. Council/196 Pressure Zone Feas. Study Addend August 27, 2009 Page 2 of 2 Additional investigations at the site are needed to better determine the characteristics of the fill materials, their suitability for supporting the reservoir, and remedial measures that may be necessary to prepare the foundation. The goal of the proposed additional geotechnical investigations is to determine recommendations for geotechnical design criteria for the reservoir, and may be performed in two phases. Phase 1 consists of drilling 10 holes into the rock layer, using a rotary percussion drill, with an estimated 550 feet of drilling. Addendum No. 1, in the amount of $46,080.00, will cover the first phase of additional geotechnical investigations consisting of exploring the subsurface conditions with a rotary percussion drill. Depending on the results of this first phase, the use of additional specialized rock drilling rigs, known as a Becker Drill, may be needed under Phase 2. If Phase 1 results are conclusive to allow determination of design criteria, Phase 2 would not be necessary. The estimated cost for Phase 2 is $70,000.00. If the work is necessary, the Water Utility will request Council's approval of additional funding before proceeding with the work for the second phase. The Water Utility has budgeted sufficient funds to cover the work under Addendum No. 1 in the 2009 Capital Improvement Projects budget (Acct # 425/u55570). CONCLUSION: There are very few suitable sites remaining for constructing a reservoir in the 196 pressure zone, particularly in this reach of the pressure zone where a reservoir is needed. This study is necessary to confirm that the reservoir site under consideration is suitable in terms of location and geotechnical conditions and free from environmental conditions that would preclude the construction of the reservoir or result in costly environmental clean-up prior to construction. Council's approval of Addendum No. 1 to the contract with R.W. Beck, in the amount of $46,080.00, is needed for the consultant to conduct additional geotechnical investigations for the reservoir site feasibility study, which is needed to guide the City in the purchase of a site for the reservoir. cc: Lys Hornsby, Utility Systems Director File H:\File Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Develop ment\WTR-13-0108 - 196 PZ Reservoir Site Eva luation\Contract\Addendu ml\Revised-Issue-Paper-Addenduml.doc\AGaw ADDENDUM NO. 1 to CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES CAG 09-090 Dated: April 30, 2009 This Addendum is made and entered into this day of 12009 by and between the City of Renton, hereinafter called the "City" and R.W. Beck, Inc., hereinafter called the "Consultant". WITNESSETH THAT: Whereas, the City engaged the services of the Consultant under Consultant Agreement CAG 09-090 dated April 30, 2009, for project, "196 Zone Reservoir Preliminary Feasibility Study". Whereas, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time; and Whereas, the City and the Consultant have determined that additional geotechnical investigation is required to meet the goal of the project. The additional scope being defined in Exhibit A, the additional time associated with the additional work being defined in Exhibit B and additional costs anticipated as shown in Exhibit C. NOW, therefore, in accordance with Section VIII, Extra Work, of Consultant Agreement CAG 09- 090, dated April 30, 2009, the agreement is amended as follows: 1. Revise the maximum amount payable under section VI, Payment, from $69,043.35 to $115,123.35 which represents an increase of $46,080.00 as described in Exhibit C. 2. Add Exhibit A for Addendum No 1 and Exhibit C for Addendum No 1. 3. Replace existing Exhibit B with Exhibit B revised for Amendment 1 [Revised completion date is January 31, 2010]. EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 to CAG 09-090 with R.W. Beck, Inc., as of the date and year first above written. CONSULTANT CITY OF RENTON Signature Date Denis Law, Mayor Date Ann Hajnosz Senior Director ATTEST: Bonnie I. Walton, City Clerk Exhibit A - Scope of Work Amendment No.1 City of Renton Reservoir Feasibility Study General The preliminary geotechnical investigations conducted at the proposed reservoir site included excavation of pits at representative locations. The results of these investigations indicated that the site is underlain by a thick layer of fill material, including concrete and construction rubble with undetermined void spaces. The equipment used was not capable of excavating to the underlying soil or rock strata. The purpose of Amendment No. 1 is to conduct additional investigations at the site to better determine the characteristics of the fill materials, its suitability for supporting the reservoir, and remedial measures that may be necessary to prepare the foundation. The additional geotechnical investigations have been divided into two phases. Phase 1 will consist of exploring the subsurface conditions using a rotary percussion drill. Only Phase 1 is included in this Amendment No. 1. Depending on the results of Phase 1, a decision may be made to proceed with Phase 2, which would consist of subsurface investigations using a Becker drill, which is specialized equipment that allows sampling and analysis of the subsurface materials as the drilling proceeds. Task 1 Site Feasibility Objective: To conduct Phase 1 of the additional geotechnical investigations as described above to better assess the site and its suitability for the proposed reservoir. Work: • Drill ten (10) holes using a rotary percussion drill to probe for voids in the fill material. It is estimated this will consist of approximately 550 lineal feet of drilling. • Prepare boring logs and fill profiles for the holes. • If the drilling produces satisfactory results, complete the geologic mapping of the rock slope immediately north of the reservoir site. • Prepare and deliver a geotechnical report summarizing the results of the drilling and recommendations concerning the suitability of the site. Deliverable: Geotechnical report. Client No. 001 1591Project No. 11-01300 /Filing Code 110011CR Code FlAFile Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Development\WTR-13-0108 - 196 PZ Reservoir Site Eva] uation\Contract\AddendumI\ExhibitA-AddendumNoICAG-09-090.docExhibitA-AddendumNo I CAG-09-090.doc Exhibit B - Schedule (Amendment No. ::Preliminary Reservoir Feasibility Study ■ . . ".111 evil MOM MM�MMMMM • Illinois =11MAIM : _ .._ .a.�.■.■■■■..■■....■■■.■ ON =Task Memorandum NE M1 conceptual_ _ ENE ..■■■..■■.■■.■.■■■■■■■ =!'Design Concepts■■■■■.■==■■.■■■■■.■■■■■■ ■'Cost Estimates ■■■System ..._Draft ...�■■.■■.........■ Integration Report Meet with City ......................... Meet with City/Developer Exhibit C Addendum 1 to CAG-09-0090 - Detail Renton Watertank at Black River Quarry 0"01 HWAGEOSCIENCES INC. Renton, WA First Phase with Rotary Percussion Drill BACKGROUND: HWA Ref: 2009-076 Date: 12-Aug-09 Prepared by: Sa H Hong HWA issued a geotechnical preliminary feability study report on 7/15/09. The site is underlain by a thick fill deposit of concrete and other construction rubble with undetermined void spaces. At the time of our meeting on 7/28/09, the City concluded comprehensive drilling on site was necessary to better assess the fill. We propose test drilling with two phases: 1st Ph.) 10-probe holes with a rotary percussion and; 2nd Ph.) 5-exploratory holes with a Becker Drill, if the first phase of drilling indicates that the site is Ilkley viable for the development. -If the first phase drilling results give satisfactory answers, at this time we are not sure of, the second phase expensive drill will not be necessary. SCOPE OF WORK: The intent of this phase is to detect the presence of voids in the rubble fill by observing the behavior of the drill action without the benefit of sampling or observing drill cuttings brought to the surface. Depending on the results, a Becker Drill may be utilized, which is capable of sampling soil cuttings and will permit oberservation of drill penetration rate that can be correlated to in situ density. If the first phase indicates the site Is feasible to build on, the second phase with the Becker Drill will be justified. We propose 10 rock (rotary -percussion) drill holes to probe for voids In the rubble fill. Our geotechnical study shall assess site mitigation measures such as preloading, dynamic compaction and total fill replacement. - We will conduct the rock slope stability survey at the site. In the event that drilling results are not satisfactory, the item (4.1) will be entirely eliminated. -We moved some of Sr. Engineer's hours (item 7) into the first phase. R. ESTIMATED HWA LABOR: WORK TASK DESCRIPTION PERSONNEL & 2009 HOURLY BILLING RATES TOTAL HOURS , TOTAL AMOUNT Principal Sr. En r. Geologist CAD Admin. $190.00 $157.00 $110.00 $75.00 $65.00 1. General Planning and Coordination for Drilling 9 2 6 $1,074 2. Initial Planning Meeting with RW Beck and City of Renton 4 2 6 $1,074 3. Conduct Exploration Borings 2 32 34 1 $3,834 4. Boring Los and Fill Profiles 6 4 10 $960 4.1 Field geologic Mapping of Rock Slopes 40 40 $4,400 5. Engineering Analyses 4 16 20 $3,272 6. Follow-up Meetings to Review Findings and Analyses 4 1 3 7 $955 7. Reporting (correspondence, memos, etc. 12 32 4 48 $7,604 8. Geotechnical Project Management 1 1 4 4 $628 TOTAL LABOR: SOIL LABORATORY TEST SUMMARY: 28 58 78 Test Est. No. Tests Unit Cost Total Cost Natural Moisture Content $12 $0 Grain Size Distribution $80 so Atterber Limits(plasticity index $110 $0 Modified Proctor (compaction) $180 $0 175 $23,801 HWA DIRECT EXPENSES: Mileage at $0.55/mile $100 Miscellaneous Field Supplies $100 HWA Lab Testing (detail to left) $0 $zoo LABORATORY TOTAL: $0 SUBCONTRACTOR EXPENSES: Rock Drilling 10 holes; target for 550' $11,300 State Tax 9.50% $1.074 HWA Markup on Subcontractors (15%) $1,695 SUB EXPENSE TOTAL: $14.069 PROJECTTOTALS: HWA Labor $23.801 HWA Direct Expenses $200 Subcontractor Expense $14,069 7 CONDITIONS: 1. Site Access Permit will be obtained and/or granted by the City of Renton. 2. Geotechnical evaluation includes physical soil properties only; does not include evaluation of potentially contaminated ground water, or the identification of wetland areas.. 3. HWA's project manager has the discretion to transfer labor and budget dollars between tasks to satisfy project objectives. 4. Underground utilities shall be identified by the owner of the property and made known to HWA prior to drilling on site. 5. The project will be completed in about 10 weeks. 2009-076-First Phase(a)-Rotary Percussion Drill -Rock Slope Survey-RW Beck.xls Exhibit C - Cost Summary (Amendment No. 1) City of Renton Preliminary Reservoir Feasibility Study Task No. Task Description Original Budget.') Transfer from Contingency Labor Expense 2) Revised Contract Amount 0100 Site Feasibility $ 25,168 $ 2,493 $ 4,093 $ 41,987 $ 73,741 0200 Conceptual Engineering $ 33,875 $ 33,875 Contingency $ 10,000 $ (2,493) $ 7,507 $ 115,123 ') Authorization for site survey 2) Includes $38,070 in subconsultant costs plus 10% in accordance with contract terms 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 CITY OF TUKWILA REGARDING THE USE OF A FIRE APPARATUS. WHEREAS, the City of Tukwila ("Tukwila") currently operates and maintains its own Fire Department to provide comprehensive fire suppression, emergency medical services, and other services incidental to the protection of persons and property in Tukwila; and WHEREAS, due to extraneous circumstances, Tukwila's Fire Department is temporarily operating without any reserve fire apparatus available; and WHEREAS, Tukwila seeks to fill the temporary need for an additional reserve fire apparatus for command support; and WHEREAS, the City of Renton ("Renton") provides its own highly professional fire fighting service and has a reserve fire apparatus available on a temporary basis to Tukwila; and WHEREAS, Tukwila and Renton agree that the Renton Fire & Emergency Services Department is in the best position to provide a reserve fire apparatus to Tukwila; and WHEREAS, it is necessary to memorialize the terms and conditions under which the reserve fire apparatus will be provided to Tukwila; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 1 RESOLUTION NO. 0 SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the City of Tukwila entitled Interlocal Agreement Between the City of Tukwila and the City of Renton Relating to the Use of a Fire Apparatus. PASSED BY THE CITY COUNCIL this day of 12009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney RES.1416:8/26/09:scr Denis Law, Mayor 0 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO 155" AVE NE, 156'" AVE NE AND SE 1241" ST, AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the White Fence Ranch Sanitary Sewer Extension project in the northeast quadrant of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit "B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the White Fence Ranch Sanitary Sewer Extension as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: 1 C ORDINANCE NO. A. Per Unit Charge. New connections of residential units shall pay a fee of $11,021.66 per dwelling unit. SECTION Ili. In addition to the aforestated charges, there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1582:8/5/09:scr 2 Denis Law, Mayor EXHIBIT A WHITE FENCE RANCH SANITARY SEWER EXTENSION SPECIAL ASSESSMENT DISTRICT LEGAL DESCRIPTION: The South 390 feet of the West 200 feet of the Southeast quarter of Section 11, Township 23 North, Range 5 East, W.M., King County, Washington; EXCEPT the South 130 feet of the West 75 feet thereof; and EXCEPT that portion lying southerly of the northerly right of way margin of SE 1281h Ave.; TOGETHER WITH that portion of Assessor's Plat of White Fence Ranch, according to the plat thereof, recorded in Volume 65 of Plats, page 6, records of King County, Washington, lying northerly of the northerly right of way margin of SE 1281h Ave and southerly of the southerly right of way line of SE 120`h St.; EXCEPT Lots 13 through 20 of Block 4 of said plat. Situate in the Southwest quarter of Section 11, Township 23 North, Range 5 East, W.M., King County, Washington. z m z 1p, m CD�_ m n r- = m rC/) V, � m �xmm = VJ m Z co c V, o � _rn=C i N ,VE 155TH