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Council 06/15/2009
AGENDA RENTON CITY COUNCIL REGULAR MEETING June 15, 2009 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Elder Abuse Awareness Day - June 15, 2009 4. SPECIAL PRESENTATION: Renton Clean Sweep - Spring Recycle & Reuse It! Events 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second 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. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 6/8/2009. Council concur. b. Administrative, Judicial, and Legal Services Department recommends approval to create a Communications Division, relocate positions from other departments, and to transition management of Renton Channel 21 production and programming to the new division, to streamline communications efforts. Refer to Finance Committee. c. City Clerk reports bid opening on 5/21/2009 for CAG-09-087, Runway 15/33 Resurfacing; three bids; engineer's estimate $5,193,044.44; and submits staff recommendation to award the contract to the low bidder, Icon Materials, in the amount of $3,792,826.01. Council concur. d. Community and Economic Development Department recommends approval of a contract in the amount of $65,000 with Mithun for development of the Sunset Area Community Investment Strategy. Refer to Planning and Development Committee. e. Community and Economic Development Department recommends approval of an addendum to the Parking Garage Agreement for The Landing, with Transwestern Harvest Lakeshore, LLC, to reduce the purchase price and to modify the terms and conditions of the agreement. Council concur. f. Finance and Information Services Department recommends adoption of the 2009 Budget amendment ordinance, which decreases the 2009 Budget by $7,611,289. Refer to Finance Committee. g. Finance and Information Services Department recommends approval of an agreement in the amount of approximately $80,000 with Sprint Solutions, Inc. for city-wide cellular wireless voice communications. Council concur. (CONTINUED ON REVERSE SIDE) h. Police Department requests authorization to submit a grant application and accept funds in the amount of $40,096 from the Edward Byrne Memorial Justice Assistance Grant to help fund the Domestic Violence Victim Advocate program. Council concur. 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topic may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers 9. RESOLUTIONS AND ORDINANCES Ordinance for second and final reading: Establishing the Baxter Lift Replacement Station Special Assessment District (1st reading 6/8/2009) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. EXECUTIVE SESSION (labor negotiations) 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 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 W he4-e" communities around the .'globe "celebrate World Elder Abuse Awareness Day every June 15th; and wjuY'elder abuse is inflicted on vulnerable senior citizens across all socio-economic boundaries and consists. of any act that harms or jeopardizes the health or welfare of a senior .citizen, including neglect or financial, emotional,, or physical abuse; and: W he reax , the National center on Elder. Abuse found that the most common' perpetrator of elder abuse is the victim.'s souse or partner,. indicating a large part of elder abuse is. domestic Violence; and. W j,i;e ; the Domestic Abuse Women's. Network (DAWN) is expanding its focus on elder abuse:' by Hiring a full4ime elder abuse advocate; and YUhP:i�i2 x% we are all responsible for eliminating el -der abuse and building safer communities for our senior citizens and should watch for signs. of elder abuse`such' as physical trauma; withdrawal,. `depression, or anxiety; or fear of family members, friends, or caregivers; and Wl�eaa Renton's senior citizens should be treated with respect and dignity to enable"them to continue to -live as independently as possible and serve as leaders, mentors, volunteers, and active members of the community; and N,&w, thwxP:{v-v-e, I, Denis Law, Mayor of the City o f Renton; do hereby proclaim JuhC 15, 2009, to be F Mew- DayV'. , A A 6we4te 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 ofRenton to be affixed this 15th day of June, 2009: CITY OF RENTON COUNCIL AGENDA BILL Al #: o Data: ept/Div/Board. Mayor's Office Staff Contact...... Jay Covington/Preeti Shridhar >ubject: Proposal for the reorganization of the City's communications function Issue Paper, Accomplishments Report Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. X Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . commended Action: Approvals: Legal Dept ............. X Refer to Finance Committee Finance Dept.......... X Other ................. Fiscal Impact: Expenditure Required... $1,100,708. Transfer/Amendment....... Amount Budgeted...... $11100,708 Revenue Generated......... Total Project Budget City Share Total Project. N: In 2006, City Council and Administration created the position of Communications Director to provide strategic direction and lead the City's communications efforts. Since then, the City has emphasized proactive communications and has made significant progress in streamlining the communications efforts, reducing costs and being more strategic and effective. However, the lack of an established centralized communications division poses many challenges including inconsistency and overlap among departments, unprofessional presentation of information and reliance on traditional costly media such as print, which is not always cost effective, and can drain our limited resources. The Administration proposes consolidating and coordinating the communications function by creating a new Communications Division, under the leadership of the Communications Director. There is no additional funding needed. The budget transfer will be included as part of the mid -year budget adjustment ordinance. The respective budget and staff resources will be moved from the current 2009 budget in various departments to the new division. Facilities Division will work to co -locate staff as part of their space-olannin2 efforts. 1. Create a new Communications Division under the leadership of the Communications Director. 2. Relocate the following positions and section to the Communications Division: Communications Specialist II (Mayor's Office); Communications Specialist I and Communications Specialist II (Fire); Desk Top Publisher (Community Services); Form & Graphic Technician (FIS), Print Shop Operations including Print & Mail Coordinator, Print Operator (FIS); 3. Transition the function of video production and management of Channel 21 programming and associated resources from the City Clerk Division to the new Communications Division. Rentonnet/agnbill/ bh ADMINISTRATIVE AND JUDICIAL SERVICES DEPARTMENT M E M O R A N D U M DATE: June 15, 2009 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: Proposal for the reorganization of the citywide communications function Issue• Should the city consolidate existing communications resources into a new Communications Division to better leverage and focus those resources? Recommendation: 1. Create a consolidated Communications Division within the AJS Department, under the direct supervision of the Communications Director. 2. Relocate the following positions and responsibilities to the Communications Division. a. Communications Specialist II from Mayor's Office b. Communications Specialist I and Communications Specialist II from Fire and Emergency Services c. Desktop Publisher from Community Services d. Form & Graphic Technician from Finance and Information Services e. Print Shop Operations including Print & Mail Coordinator and Print Operator f. Transition the function of operation and management of Channel 21 programming and video production. The City Clerk's Office will continue to be responsible for obtaining the record of the City Council meetings, but decisions about programming and content of the channel will lie with the Communications Division. 3. Move the respective budget and staff resources to the new division as part of the 2009 budget. The budget transfer will be included as part of the mid -year budget adjustment ordinance. Addressee Name Page 2 of 5 June 15, 2009 4. Work with Facilities to co -locate staff in the Communications Division. Background: In 2006, City Council and Administration created the position of Communications Director to lead the City's communications strategies, provide clear and open communications with the community, and ensure strategic, streamlined and consistent communications throughout the City departments. The City's communications goals are to: • Provide Renton residents and businesses with critical, relevant and timely information. • Engage our residents and make them aware of opportunities to be involved and initiate community dialogue. • Oversee citywide internal and external communications including media relations, web and electronic communications and printed materials and publications. In 2008 and 2009, the City Council and Administration also emphasized communications by adding communications as a core value to the City's Business Plan and Mission Statement. Need for reorganization To date, we have made significant progress in each of the areas mentioned above. Consolidating existing resources into a Communications Division will allow the City to make additional progress in achieving our communications goals and objectives. A comprehensive assessment of the City's communications organization and resources, along with a comparative analysis of other cities in the region, confirmed the need for the consolidation of the communications function and the creation of a Citywide Communications Division under the direct supervision of the Communications Director. While there are no additional costs associated with the proposed reorganization, there are several benefits in terms of greater efficiencies and potential cost savings in the long run. • Consistencies in Citywide Communications Activities Given the rapid growth and continual change in our city we face a multitude of challenging issues and a community with diverse need, an established centralized communications division is needed to meet the objective of focused citywide communications, and to reduce inconsistencies, inefficiencies and overlap in information delivery to various audiences, and to avoid compromising the presentation quality of the information we are trying to convey. Currently, there is a lack of equity in terms of staff and resource allocation among City departments for communications needs, which has resulted in the need for the Mayor's Office to respond and trouble -shoot for critical issues and projects. cAdocuments and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\communications issue_paper 6-8-09 (3).doc Addressee Name Page 3 of 5 June 15, 2009 • Review of Communications Functions and Organizations in Other Cities As part of the assessment, staff reviewed the communications role, function, organization, and resources of other similar cities in the Puget Sound area. These include the cities of Auburn, Kent, Kirkland and Redmond. While there are slight differences in how each of the cities operates their communications function, overall the communications function is consolidated under the supervision of the Mayor's Office Communications Manager. • Need for Coordinated and Timely Communications With a population of nearly 80,000 Renton is the fifth largest city in King County, Washington, with a culturally rich and diverse population. However, communicating with our various audiences and being assured we are reaching all of them poses various challenges. ■ The absence of a local daily newspaper prevents dissemination and publication of newsworthy information in a timely manner. ■ Limited reach of the Renton Reporter and a change in their distribution model (carrier routes rather than the former direct mail model) made it expensive and inefficient to use the former paid -ad strategy for a newsletter. Instead Renton CityNews, which was created through consolidating and greatly improving the format and content of the City's monthly utility bills, is an example of the success of and the need for a consolidated citywide communications piece. ■ Expanded customer use of electronic and non-traditional media such as websites, e-communications, and other multi -media communications necessitates the need for the city's communicators to be strategic, thoughtful, and consistent as we utilize the varied communication tools available. ■ Dramatic changes in television technology and the integration of digital production with website calls for the City to integrate Channel 21 production with the broader ecology of communications in order to embrace new video technologies for the web, cable Video -on -Demand, and mobile video. Recent communications accomplishments and upcoming priorities The table below is an example of some of the recent cost savings and efficiencies as a result of a coordinated and centralized approach to communications (see also attachment A for list of 2008 Communications Accomplishments). cAdocuments and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\communications issue_paper 6-8-09 (3).doc Addressee Name Page 4of5 June 15, 2009 Communications Strategy Increase in effectiveness Savings Achieved Replace Renton Reporter contract - Expanded reach to nearly 45,000 Annual contact with Renton CityNews residents quarterly, including multi- savings of $40,000 family tenants and 30,000 monthly as (current printing & compared to only 30,000 monthly mailing costs for - Consolidated various utility bill flyers approximately into one cohesive newsletter; reduced $20,000) paper waste and focused communication efforts Produced Disaster Preparedness - Leveraged Seattle's production to No cost to City. DVD customize video for Renton for Average cost Channel 21, website and targeted savings $5000- distribution to community $8000 Produced Mayor's State of the - Leveraged partnership with Puget No cost to city. City speech Sound Access Average. cost savings equal to $2000 Production of EPA mandated - In-house production and graphic Over $5000 water quality report design for savings; reduced number of pages to achieve print and postage savings The City has emphasized proactive communications and focused on providing our community with critical and relevant information on a timely basis. The City has also made significant progress in streamlining the communications efforts, reducing costs, expanding the methods of communications, establishing metrics and evaluating the effectiveness of communication strategies and resources expended. The Communication Division would work on citywide communications efforts and would employ dedicated funds for outsourcing video productions that have been on hold while a citywide assessment of communications needs has been underway. Some of the tasks that the new Communications Division will focus on in 2009-2010 include: ■ Develop and implement a citywide Comprehensive Communications Plan. ■ Ensure consistency and coordination by creating and implementing citywide communications guidelines and policies for graphic design, media relations, and templates for various efforts. ■ Finalize Graphic Design Guidelines; establish a centralized process for printing and design projects. ■ Establish a citywide online Privacy Policy and Electronics Communications and Marketing Policy and Plan ■ Develop and implement a Video Technology Strategic Plan to upgrade the technology for the channel and expand programming options for Channel 21. cAdocuments and settings\bwalton\local settings\temporary intemet files\content.outlook\x7dzyuna\communications issue paper 6-8-09 (3).doc Addressee Name Page 5 of 5 June 15, 2009 ■ Build on the Emergency Management Communications Plan, and create an emergency communications operational plan, plus processes for the continuity of operations. ■ Look for resource efficiencies and continue to expand on website features, and media relations. ■ Develop strategies to inform and engage the City's diverse population. Timeline for Implementation July 1, 2009 Create new Communications Division July 1, 2009 Budget transfer of resources to Communications Division September 2009 Accommodate staff at City Hall in current vacant offices September 2009 Transition Channel 21 Programming Operations to Communications Division Jan. /Feb. 2010 Co -locate staff in City Hall Conclusion The Administration proposes consolidating the communications function and creating a new Communications Division. There will be no additional budget requirements, but a budget transfer from the departments is proposed as part of the 2009 budget. This reorganization will create efficiencies and long-term cost savings. cc: Bonnie Walton, City Clerk Men Wang Larry Warren cAdocuments and settings\bwalton\local settings\temporary intemet files\content.outlook\x7dzyuna\communications issue_paper 6-8-09 (3).doc i �tio p�Ii s�ner�ts August 2007-December 2008 Preeti Shridhar Communications Director :�,R.:-a,.,....�.y+e: s �..�._,:_ .:........-..� _+-�-�' _. ..,.� . ,,..,,-...:..�. .. _--�m.�,e�s;=�-., ,..., ,„e�-: � •:_... R �,�°±,�.�� - .gym �� . y ; F �,.�.�, r .�—� � � _ _ _ _ .. tea:- T City's business plan emphasizes Communications •The Communications Plan supports the City of Renton's Business Plan and the City Council's Vision and Strategic Goals for the city. �Y RENTON AHEAD OF THE CURVE ® Provide Renton residents with critical and relevant information on a timely basis Make residents aware of opportunities to be involved with their community and facilitate two-way dialogue between city government and residents • Position Renton as a unique urban center and destination —a great place to shop, work, live and play. ® Enhance communications at and among all levels of city government and ensure coordinated, consistent communications Y RENTON uf�lvo; AI-TEAD OF THE CURVE Ml� ��!11 111, � 111� 111!,� 11 1711i,771 ® Strategic Communications Planning ® Web • Renton CityNews ® Communications Strategy for key issues ® Major events and campaigns • Media presence RENNTON AHEAD OF 'ruin. cuim City of Renton's Communications Assessment Plan ® Design guidelines — implementation in 2009 City of Renton's Comprehensive Emergency Communications Plan (ESF 15) 0 Hired Communications Specialist is Communications training 0 Ll — Railroad bridge construction — Logan Avenue grand opening — Duvall Outreach Annexation — Benson Hill outreach — Outreach to non-English Speaking households City • Mayor's budget message and communications • Mayor's Public Safety Initiative — Transit Center — Code enforcement Graffiti City of iL )eanawKs hoeing/Airpa M voc j �V y.'^-. K & ��,'�� � Cam• lz way 0 Developed 2008-09 web plan Created web -based emergency preparedness template City averaged 432,700 unique visitors per month in 2007 ® Highest number of visitors in July 2008 with over 500,000 page views Citizen survey indicated that 65% of residents use the city's website a Won two national awards for the website in 2007 Qu"011ksRIPR,z Lt,ys,Rtiot.`n a 6Ncr� -..�� x� msc: Twea a,tl ouw,ta�' nr:rra,�Yw RPryt'on tMwc 'RY �¢ � rl¢aV,,r tRY w.korp, � dMryc. ke 'e:i:cn tttVc CL*x:r tl Nr rvW.d.: ate' eaa� "'Awrc�mnestoz arm R6 ReN+bo �! vMYye. o wr^a �w�tlf hxCvorynRNti�tt ev.,,tt+nrl ":,es tea,,.: �vn:tr r oex mnx,l,tuo'Gp 8blub eit�' ryls P¢tk 7'�l'..nt.R tl FrS:f to J to tl;e w�.e Mar. ^a,tYM1 •f Hnp�tans� r+aMna+bt h e°r➢ !C, brld, Anmkan °q o h°n°"e NR nlyan_ --�10 le..;444k '�` 17� rt Average 1-2 press releases per week. All releases published in Renton Reporter; regional press including television stories as needed. Community events covered in local and regional calendars. Monthly Op-eds in Renton Reporter Ilamr, err Able bwl- W06 KOMO offIN�i .CQM ® Established strategy for citywide newsletter— including content planning for the year New newsletter design in 2008 to launch Renton CityNews Mailed newsletter to nearly45,000 residents Targeted message specific direct mail on range of issues Other collateral material as needed including flyers, post -cards, posters, etc. c fia m,w*esb, �N,v, h dPY�,�,r�F w.kab%IVL' (•o M'rvoyN:TK"era R<ea �K� Wp� '1lH,icn:. xrtf NyA'2g. 'V n Saraw. � n;exrl anus F�ikorMV R)fiery(L- CN��7'nKr)to er;a'ratryiJ r3 81� Lny �hgyr ���P aMCAn� reyy„a� F'Mrer���T'osfd. huR, nro r^as � Established design standards to ensure consistency and branding CityOfe.-L r � zo �F ,J "..v,.....e,»... ......r.».....1..-4,,..-+..M:w�..-.-.�..o,.-a.�,.,.,-,�.R.,..4-.,...a,. ,.......r.., W.,.�.....�....-«. Y-,-.,�.�.�..s.�-.�-�+.P;.......�:,+..,.�wT^�^:�r,-^.R+.+^_^.,.>�y"" r�mw.,� =sue++-'^'-_--+--•`�. �-.�'r� ' _ ' ..�:r"`:..,3,?�r•*r Mqh Kecent Exam-Aes of Efficiencies and Cost Savings Replace Renton Reporter Contract with Renton CityNews *Annual contract cost savings = $40,000 •Expanded quarterly outreach to additional 35,000 households for $20,000/year Produce Water Quality Report In-house •Savings = $7,500 Launched Electronic Grady Grapevine Developed Video Programs through Partnerships loutca ..... ,i3 ._A lu ..i . *Establish new communications department *Develop and implement strategic communications plan for the city *Establish graphic design standards for print publications *implement 2009-2010 web plan *Develop partnership with neighborhood program for community outreach program Find ways to adapt communications to the new `digital democracy' and the new technology of communications *Establish options for more robust cable -programming and video - streaming *Continue exploring ways to reach out to our diverse commun p1ty 0f� k.�; If / am to speak ten minutes, 1 need a week for preparation; if fifteen minutes, three days; if half an hour, two days; if an hour, l am ready now. R �EN�T �ON A1-11;A1) OF THE CUItVG Woodrow Vl/ilson N CITY OF RENTON COUNCIL AGENDA BILL '772 Al #: submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk June 15, 2009 Staff Contact...... Bonnie Walton Agenda Status Consent .............. X subject: Public Hearing.. Bid opening on May 21, 2009, for CAG-09-087, Correspondence.. Runway 15/33 Resurfacing Ordinance ............. Resolution........... . Old Business........ ,Ixhibits: New Business....... Staff Recommendation Study Sessions...... Bid Tabulation Sheet (three bids) Information......... Recommended Action: Approvals: Legal Dept......... Council concur Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $3,792,826.01 Transfer/Amendment....... Amount Budgeted....... $4,178,479 Revenue Generated......... Total Project Budget $4,207,000 City Share Total Project.. ON: Engineer's Estimate: $5,193,044.44 (including bid alternatives) 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. Therefore, staff recommends acceptance of the low bid submitted by Icon Materials in the amount of $3,792,826.01 (including bid alternatives). STAFF Accept the low bid submitted by Icon Materials in the amount of $3,792,826.01 (including bid alternatives) . PUBLIC WORKS DEPARTMENT D City oof'7IJ'j�' � z �L.Sf 1�7OLSZS ♦Y�'U+ M E M O R A N D U M DATE: June 9, 2009 TO: Gregg Zimmerman, PW Administrator Peter Hahn, Deputy PW Administrator —Transportation FROM: Ayalnrulauf, Airport Manager, extension 7471 SUBJECT: Award of Construction Contract for the Runway 15/33 Resurfacing Project The Runway 15/33 Resurfacing Project will repave the asphalt portion of the runway, rehabilitate the concrete portion of the runway and replace the shattered concrete slabs, install new catch basins adjacent to the runway and pavement edge drains, and groove the asphalt and concrete portion of the runway to improve aircraft braking action. Bids for construction were solicited by advertising in trade journals and posting on the Builders Exchange website. Three bids were received and an evaluation of the bid tabulation from all bidders revealed no mathematical errors on any of the bidder's proposal forms. The lowest bid of $3,792,826.01 was submitted by ICON Materials and fell within the program's total budget of $4,178,479.00. The Airport recommends the contract be awarded to ICON Materials. Attachments: Bid Tabulation/URS e-mail CIP sheet - Runway 15/33 Resurfacing FAA Grant Offer — CAG-08-139 cc: Susan Campbell/Carolyn Currie, Airport Secretary H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\02 Capital Improvement Projects\Runway 16-34 Resurfacing project\Construction\MEMO NEW to GZ for Award.doc Renton Municipal Airport Prepared by URS Corporation BID TABULATION SUMMARY FOR RUNWAY 15/33 RESURFACING RENTON MUNICIPAL AIRPORT - RENTON, WA BID OPENING: MAY 21, 2009 at 2:30 PM Engineer's Estimate ¢' $3,298,597.76 $4,232,646.56 $5,355,983.26 BASE BID $4,674,534.57 ADDITIVE ALTERNATE A $210,979.13 $204,118.95 $318,872.211 $318,288.03 ADDITIVE ALTERNATE B $176,130.75 $239,301.30 $237,598.581 $257,894.40 ADDITIVE ALTERNATE C $131,400.00 $50,808.00 $52,560.001 $39,288.60 TOTAL BID AMOUNI $5,193,044.441 $31792,826.01 $4,841,677.35 $5,971,454.29 Bid Date and Time: 5/21/2009 @ 2:30 PM SUMMARY BID TAB 1 of 3 Print Date and Time: 5/22/2009 @ 1:47 PM Ryan Zulauf Crom: Shammi_Ratti@URSCorp.com nt: Friday, May 22, 2009 1:56 PM . J: Ryan Zulauf; Jonathan R Wilson Cc: Bruce _Loev@URSCorp.com; David_Moschini@URSCorp.com; John_Martin@URSCorp.com Subject: Bid Tabulations Attachments: RNT BID TAB.pdf We have reviewed the bid tabulations from all bidders and found no mathematical errors on any of the bidder's proposal forms. We have reviewed the qualifications of ICON Materials and in our professional opinion, URS finds them exceptionally qualified to perform this work. It is our recommendation at this time to award this contract to ICON Materials from Kent, WA as the lowest responsive and responsible bidder for this project. Best Regards, Shammi S. Ratti, P.E. Aviation Services Manager URS Corporation Seattle 206.438.2228 Vancouver 604.681.1672 Cel: 206-550-5104 Fax: 1-866-495-5288 web: www.urscorp.com email: shammi ratti(ourscorp.com This e-mail and am- attachments are: confidential. [fyou receive this message in error or are not the intended recipient, you should not retain; distribute, disclose or use any of this ",nnation and you should destroy the e-mail and any attachments or copies. Renton Municipal Airport BID TABULATION Prepared by URS Corporation Runway 15/33 Resurfacing ENGINEER'S ESTIMATE '' ;TAKES p I DUS;(yRIE - $, . ITEM ITEM DESCRIPTION - BASE BID UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT G-140-2.1 Mobilization LS 1 $316,220.84 $316,220.84 $240,000.00 $240,000.00 $285,000.00 $285,000.00 $361,475.00 $361,475.00 G-1455.1 Temporary Barricades, Marking and Miscellaneous Facilities for Phase 1 LS 1 $60,000.00 $60,000.00 $55,000.00 $55,000.00 $105,000.00 $105,000.00 $173,013.00 $173,013.00 G-145-5.2 Temporary Barricades, Marking and Miscellaneous Facilities for Phase 2 LS 1 $25,000.00 $25,000.00 $45,000.00 $a5,000.00 $40,000.00 $40,000.00 $29,552.00 $29,552.00 G-145.5.3 Temporary Barricades, Marking and Miscellaneous Facilities for Phase 3 LS 1 $25,000.00 $25,000.00 $15,000.00 $15,000.00 $30,000.00 $30.000.00 $7,000.00 $7,000.00 P-101-5.1 Nominal Asphalt Milling, 0.5" SY 85,399 $2.00 $170.798.00 $0.90 $76,859.10 $0.60 $51,239.40 $1.90 $162,258.10 P-101-5.2 Asphalt Milling, Greater than 0.5" SY 25,762 $5.00 $128,810.00 $2.50 $64,406.00 $1.55 $39.931.10 $3.00 $77,286.00 P-101-5.3 Crack Seal in Asphalt Pavement LF 981 $6.00 $5,886.00 $6.00 $5,886.00 $10.50 $10,300.50 $5.41 $5,307.21 PA524.1 Stripping,4" Depth SY 6,170 $5.00 $30,850.00 $1.60 $9,872.00 $1.25 $7,712.50 $2.30 $14.191.00 P-1524.2 Embankment In Place CY 350 $7.00 $2,450.00 $6.40 $2,240.00 $35.00 $12,250.00 $8.00 $2,800.00 P-156-5.1 Temporary Erosion and Pollution Control LS 1 $30,000.00 $30,000.00 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $7,200.00 $7,200.00 P401-8.1 Plant Mix Bituminous Pavement TON 33,600 $85.00 $2,856,000.00 $66.25 $2,226,000.00 $90.00 $3,024,000.00 $114.10 $3,833,760.00 P-620-5.1 I Pavement Markings, White Runway Centerline Stripe LF 2,515 $9.50 $23,892.50 $2.00 $5,030.00 $1.80 $4,527.00 $2.00 $5,030.00 P-620-5.2 Pavement Markings, White Aiming Point Markin EA 4 $19,440.00 $77,760.00 $1.400.00 $5,600.00 $1,450.00 $5,800.00 $1.500.00 $6.000.00 P-620-5.3 Pavement Markings, White Displaced Threshold Arrowheads EA 11 $2,000.00 $22,000.00 $180.00 $1,980.00 $190.00 $2,090.00 $200.00 $2,200.00 P-620-5.4 Pavement Markings, White Threshold Bar EA 2 $3,300.00 $6,600.00 $1,300.00 $2,600.00 $1,250.00 $2,500.00 $1,275.00 $2.550.00 P-620-5.5 Pavement Markings, White Threshold Stripes EA 32 $800.00 $25,600.00 $500.00 $16,000.00 $570.00 $18,240.00 $620.00 $19,840.00 P-6205.6 Pavement Markings, White Numeral 16 EA 1 $5,000.00 $5,000.00 $660.00 $660.00 $690.00 $690.00 $710.00 $710.00 P-620-5.7 Pavement Markings, White Numeral 34 EA 1 $6,000.00 $6,000.00 $860.00 $860.00 $900.00 $900.00 $930.00 $930.00 P-620-5.8 Pavement Markings, Yellow Taxiway Hold Line LF 279 $20.00 $5,580.00 $2.00 $558.00 $1.80 $502.20 $2.00 $558.00 P520-5.9 Pavement Markings, Yellow TaxiwayCenterline LF 6,289 $3.00 $18,867.00 $0.35 $2,201.15 $0.35 $2,201.15 $0.40 $2.515.60 P-6205.10 Pavement Markings, Yellow TaxiwayEde LF 1,336 $5.00 $6,680.00 $1.00 $1,336.00 $0.60 $801.60 $0.60 $801.60 P-6205.11 Pavement Markings, White Arrowhead Leader Lines LF 200 $15.00 $3,000.00 $1.50 $300.00 $1.45 $290.00 $1.50 $300.00 P-620-5.12 Pavement Markings, Yellow Blast Pad Chevrons LF 420 $12.00 $5,040.00 $2.50 $1,050.00 $2.10 $882.00 $2.20 $924.00 P-620-5.13 Pavement Markings, Yellow Blast Pad Demarcation Bar LF 200 $12.00 $2,400.00 $3.00 $600.00 $2.65 $530.00 $2.70 $540.00 D-7035.1 Video Camera Inspection LF 3 5515 $1.00 $3,515.00 $1.40 $4.921.00 $1.60 $5,624.00 $3.20 $11,248.00 D-703-5.2 Storm System Flushing LF 1,7581 $10.00 $17,580.00 $1.60 $2.812.80 $2.90 $5.098.20 $3.501 $6.153.00 D-705-5.1 6-inch perforated HDPE pipe LF 6,7211 $40.00 $268,840.00 $20.00 $134,420.00 $15.00 $100,815.00 $10.90 $73,258.90 D-705-5.2 8-inch non -perforated HDPE pipe LF 780 $30.00 $23,400.00 $10.60 $8,268.00 $31.00 $24,180.00 $25.00 $19,500.00 D-705-5.3 Underdrain connection to structures EA 15 $1,000.00 $15,000.00 $188.00 $2,820.00 $1.100.00 $16,500.00 $580.00 $8,700.00 D-705-5.4 Underdrain Cleanouts EA 37 $750.00 $27,750.00 $620.00 $22,940.00 $400.00 $14,800.00 $380.00 $14,060.00 T-901-5.1 Seeding and Fertilizing SY 6,170 $0.90 $5,553.00 $0.80 $4,936.00 $0.30 $1.851.00 $0.75 $4,627.50 T-905-5.1 To soilin , 4" Depth, Obtained from Stockpile On -Site SY 730 $3.30 $2,409.00 $4.10 $2,993.00 $5.00 $3.650.00 $4.00 $2,920.00 L-115-5.1 Adjust Existina Electrical Handhole to New Grade EA 5 $800.00 $4,000.001 $400.00 $2,000.00 $420.00 $2.100.001 $400.00 $2,000.00 L-115-5.2 Adjust Existing Electrical Vault to New Grade EA 3 $2,000.00 $6,000.00 $730.00 $2,190.00 $675.00 $2,025.00 $400.00 $1,200.00 L-125-5.1 Adjust Existing Elevated Runway or Taxiway Edge Light In Pavement EA 8 $850.00 $6,800.00 $500.00 $4,000.00 $650.00 $5,200.00 $1.050.00 $8,400.00 L-125-5.2 Adjust Existing Elevated Runway or Taxiway Edge Light Non- Pavement EA 8 $850.00 $6,800.00 $470.00 $3,760.00 $325.00 $2,600.00 $450.00 $3.600.00 L-125-5.3 Adjust Existing Flush -Mounted, Load Bearing Runway Pavement Ed a Li ht EA 12 $1,050.00 $12,600.00 $570.00 $6,840.00 $875.00 $10,500.00 $900.00 $10,800.00 L-125-5.4 Replace Existing 3 Module Size 2, Airfield Sin Panel EA 12 $750.001 $9,000.001 $1,800.00 $21.600.00 $1,200.001 $14,400.00 $650.00 $7,800.00 L-125-5.5 Replace Existing1 Module Size 2 Airfield Sin Panel EA 1 $300.00 $300.00 $880.00 $880.00 $700.00 $700.00 $300.00 $300.00 SUBTOTAL BASE 81 54,268,981,14 $3,012,418.05 $3,866,430.65 $4,891,308.91 SALES TAX 9.5%1 5405 553.21 $286 179.71 $367 215.91 $46 6674.35 TOTAL BASE SIDI I I I 54,674,534.57 $3,298,597.76 $4,232,646.56 $6,365,983.26 Bid Date and Time: 5/21/2009 @ 2:30 PM B11 -S TABULATION Print Date and Time: 5/22/2009 @' -)M Renton Municipal Airport BID TABULATION Prepared by URS Corporation Runway 15/33 Resurfacing ENGINEER'S ESTIMATEM x $Sta18gAQWM, ITEM ITEM DESCRIPTION - BASE BID UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNIT PRICE AMOUNT ENGINEER'S ESTIMATE ITEM ITEM DESCRIPTION - ADDITIVE ALTERNATE A UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT P-401-8.2 Asphalt Runway Grooving SY 90,850 $1.50 $136,275.00 $1.40 $127,190.00 $2.15 $195,327.50 $2.20 $199.870.00 P-501-8.1 Concrete RunwayGroovingSY 28,200 $2.00 $56,400.00 $2.10 $59.220.00 $3.40 $9s,880.00 $3.22 $90,804.00 SUBTOTAL ADDITIVE ALTERNATE 1 $192,676.00 $186,410.00 $291,207.50 $290,674.00 SALES TAX A 9.5% $18 304.13 $17 708.95 $27 664.71 527 614.03 TOTAL ADDITIVE ALTERNATE $210,979.13 $20l,118,95 $318,872.21 $318,288.03 ENGINEER'S ESTIMATE MrA �a - 9iy $ �.�. S ITEM DESCRIPTION -ADDITIVE ALTERNATE B UNIT QUANTITY UNITPRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT -6.1 Remove and Replace Existing Concrete Slabs SY 170 $250.00 $42,500.00 $370.00 $62,900.00 $380.00 $64,600.00 $380.00 S64,600.00 LITEM -8.2 Re-Sealin Existin Concrete Joints in Concrete Pavement LF 25800 $4.50 $116,100.00 $5.80 $149,640.00 $5.70 $147.060.00 $6.40 $165,120.00 -8.3 Repair of Existing Cracks in Concrete Pavement LF 500 $4.50 $2,250.00 $12.00 $6,000.00 $10.65 $5,325.00 $11.60 $5.800,00 SUBTOTAL ADDITIVE ALTERNATE $160,850.00 5218,5l0.00 E116,986.00 $235,620,00 SALES TAX 9.5 % $15 280.75 $20 761.30 j20 613.58 S22 374.40 TOTAL ADDITIVE ALTERNATE B $176,130.751 1 $239,301.301 $237,598.581 $257,894.40 - ENGINEER'S ESTIMATE ITEM ITEM DESCRIPTION - ADDITIVE ALTERNATE C UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 0.751-5.1 Remove and Replace EAsting Manholes EA 8 $15,000.00 $120,000.00 $5,800.00 $46,400.00 $6,000.00 $48,000.00 $4,485.00 $35.880.00 SUBTOTAL ADDITIVE ALTERNATE 1 $120,000.00 $46,400.00 $48,000.00 $36,890.00 SALES TAX 9 9.5 % $11 400.00 $4 408.00 $4 560.00 $3,408.60 TOTAL ADDITIVE ALTERNATE Cl$131,400.001 $60,808.001 $52,560.001 $39,2$$.60 Bid Date and Time: 5/21/2009 @ 2:30 PM BIDDERS TABULATION 3 of 3 Print Date and Time: 5/22/2009 @ 1:47 PM CAPITAL PROGRAM Project Title: Runway - 15133 Resurfacing Project Type: Development and Major Maintenance Project Number: A25096 Total Anticipated Project Cost: $ 4,207 Prior Council Review/Approval: Project Description Resurface Runway 15/33 to re -level the runway and grove the pavement. Summary of Progress: Federal funds for construction, in the amount of $3.9 million, were awarded in 2008. Construction will be completed in August 2009. 2008 Overview Bud et Actual Remaining 1,370 5 2008 Adopted Budget Plus: Canyforward Funds +/- 120 •V W,2 x Mid Year Adjustments date 1,490 167 1,323 2008 Total CIP Expenditures & Resources Life to Date P r o j e c t e d Project Thru 2008 2009 2010 9011 2012 2013 2014 Total Expenditures: Property Acquisition - - - - - Consultant Services - Major Maintenance 1,519 2,688 4,207 Construction - Inspection Project Management Equipment Acquisition Contingencies - Total CIP Expenses 1,519 2,688 4,207 Resources: User Fee - REET Fuel Tax Utility Tax Bond Proceeds - Operating 209 209 Grants/Contribution Received 1,519 2,479 3,998 Mitigation Funds Received - - - - - - Grants/Contribution Anticipated - Mitigation Funds Anticipated Misc/Transfers Unfunded Needs Interest Income Total CIP Resources 1 1,519 1 2,688 1 4,207 Impact on Operating Funds Life to Date Thru 2008 P r o j e c t e d Project Total 2009 2010 2011 2012 2013 2014 Revenue Increase/Decrease Expenditure Increase/Decrease - - - - - Net Impact Airport Page 8 C� CAG-08-139 U.S. Department of Transportation Federal Aviation Administration Page 1 of 6 pages Grant Agreement Part 1 - Offer Date of Offer: September 16, 2008 Renton Municipal Airport Renton, Washington Project Number: 3-53-0055-019 Contract Number: DOT-FA08NM-0152 To: City of Renton, Washington (herein after called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 20, 2008, for a grant of Federal funds for a project at or associated with the Renton Municipal Airport which Project Application, as approved by the FAA, .is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Rehabilitate Runway 15/33 (Phase 3); all as more particularly described in the Project Application. 0 FAA Form 5100-37 PG 1 (10-89) Page 2 of 6 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety-five (95) percentum of all allowable Project costs. This Offer is made on and subject to the following terms and conditions: Conditions The maximum obligation of the United States payable under this Offer shall -be $3;:909,555.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $3,969,555.00 for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as .to allowability under the provisions of the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before September 19, 2008, or such .subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, or judgment to the Secretary. It shall furnish upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons FAA Form 5100-37 PG 2.(10-89) Page 3 of 6 pages which may arise from, or be incident to, compliance with this grant agreement. 9. Traffickinq in persons: a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees,. subrecipients under this award, and subrecipients' employees may not — i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subreceipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either --- A. Associated with performance under this award; or B. Imputed to your or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement)," as implemented by our agency at 49 CFR Part 29. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity — 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. , Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either — Associated with performance under this award; or Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. a. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. FAA Form 5100-37 PG 3 (10-89) Page 4 of 6 pages iii. Definitions. For purposes of this award term: a. "Employee" means either: An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. b. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for -profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). Special Conditions 10. It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. Conversely, if there is an overfund in the total actual eligible and allowable project costs, FAA may increase the maximum grant obligation of the United States to cover the amount of the overrun not to exceed the statutory percent limitation and will advise the sponsor by letter of the increase. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 1.1. The Sponsor agrees to perform the following: a. Furnish a.construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together With a description of the services to be provided. FAA Form 5100-37 PG 4 (10-89) Page 5 of 6 pages 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of - tolerance material. An interim test and quality control report.shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. r d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 12. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The Sponsor will include in every contract a provision implementing this special condition. 13. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursement and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 14. It is understood and agreed by and between the parties hereto that this Grant Offer is made and accepted based on estimates for the runway rehabilitation; and the parties covenant'and agree that within 120 days from the date of acceptance of this Grant Offer, the Sponsor shall advertise for bids for the runway rehabilitation work contained within the grant description. 15. It is understood and agreed the Sponsor will not claim reimbursement for costs under this grant until FAA has approved the DBE goals. 16. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as required by Airport Sponsor Assurance 11. The Sponsor shall use such program for the useful life of any pavement constructed,. reconstructed, or repaired with Federal financial assistance at the airport. FAA Form 5100-37 PG 5 (10-89) Page 6 of 6 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION of Suomi, Manag r, Seattle Airports District Office Part II -Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this . ............. day of ....... . . . . . . . . . ., 2008. City f Re ton, Was 'ngton (SEAL) By..... ................................... Spon or's Designated Official Representative Attest: Title: Deri�-0. �.aW c . tK�Y.or Title% Bonnie, I,., Walton,_ City; Clerk CERTIFICATE OF SPONSOR'S ATTORNEY I, Lawrence J . warren , , , ,,,,, , , , , , , , , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly'authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at .... ... ....... ....... ^ . ........ � .. ��: this . �8 .day of . � ., 2008. Signature of Sponsor's Attorney FAA Form 5100-37 PG 6 (10-89) CITY OF RENTON BID TABULATION SHEET ZOJECT: Runway 15/33 Resurfacing; CAG-09-087 DATE: May 21, 2009 FORMS BID BIDDER Bid Bond/ Triple Addenda Schedule of Proposal Form 1-4 Prices **Includes Sales Tax ICON Materials 6819 S. 228th St. x x x x $3,298,597.76 Kent, WA 98032-2961 Lakeside Industries, Inc. PO Box 7016 x x x x $5,355,983.26 Issaquah, WA 98027 Woodworth & Company, Inc. 1200 East D. Street x x x x $4,232,646.56 Tacoma, 98421 NOTE: Alternative bid amounts not read or documented at bid opening. City Clerk's Office has since verified department's bid tab numbers for alternative bids as documented on their Bid Tab Summary. 6/10/2009 ENGINEER'S ESTIMATE LEGEND: Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage $4,674,534.57 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact..... Subject: Department of Community & Economic Development Alex Pietsch x6592 Sunset Area Community Investment Strategy Contract Exhibits: Scope of Work and Contract with Mithun Al #: e For Agenda of: June 15, 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......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $65,000 Transfer/Amendment....... Amount Budgeted....... $65,000 Revenue Generated......... Total Project Budget $65,000 City Share Total Project.. SUMMARY OF ACTION: A contract with the Seattle -based architecture firm Mithun is required to assist City staff in the development of a Community Investment Strategy for the Sunset Area of the Renton Highlands. The Strategy will build on the recommendations established by the Highlands Task Force and the Highlands Action Plan. The Strategy will include strong community engagement and build on the ideas already captured by previous planning efforts, those developed by the Renton Housing Authority, and new ideas the come from the residents, property owners, and other stakeholders of the area to create a roadmap for strategic public investment that will bring about revitalization and improve quality of life. Funding for the work is available in the Highlands Redevelopment Fund and will be included in the forthcoming 2009 Budget Adjustment ordinance. STAFF RECOMMENDATION: Approve a contract with Mithun in an amount not to exceed $65,000 to assist in the development of the Sunset Area Community Investment Strategy and authorize the Mayor and the City Clerk to sign the contract. a CONSULTANT AGREEMENT 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 Mithun, hereinafter referred to as "CONSULTANT", for their services related to the Sunset Area Master Plan. Information shall be made available for use by the City of Renton Staff and City Council. 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 hereto 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 change order 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 to accomplish change orders, if required, upon mutual written agreement of the City and the Consultant. 5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of $50,000. 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 1 satisfactory. 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 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. 8. 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 "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left." 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, 2 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 Workman's Compensation Act 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. 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 Tammie Schacher, AIA, LEEDC AP, Principal Mithun Pier 56, 1201 Alaskan Way, #200 Seattle, WA 98101 APPROVED AS TO FORM: City Attorney CITY OF RENTON Denis Law, Mayor ATTEST: Bonnie I. Walton, City Clerk CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... CED Alex Pietsch x6592 Subject: Addendum to the Parking Garage Agreement for The Landing Exhibits: Agreement Addendum Recommended Action: Council Concur Al #: 10 e, -, I For Agenda of: June 15, 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 ............... I Fiscal Impact: Expenditure Required... 110,650,000 Transfer/Amendment....... Amount Budgeted....... $12,500,000 Revenue Generated......... Total Project Budget $10,650,000 City Share Total Project.. SUMMARY OF ACTION: On February 16, 2007, the City entered in to a contract with Transwestern Harvest Lakeshore LLC (THL) to purchase the parking garage at The Landing for a total purchase price of $12,500,000 if and when the surrounding retail development reached certain occupancy thresholds. The Administration and THL have recently negotiated an addendum to the Agreement that includes: 1) a reduced purchase price for the garage of $10,650,000, 2) an agreement for THL to pay the City $975,000 for infrastructure work performed by the City on its behalf, 3) a commitment from THL to construct one or more mutual agreed upon "signature amenities" at The Landing with a construction value no less than $400,000 when the Landing achieves 90% occupancy, and 4) the waiver of the express condition in Sec. 4.2 of the Agreement and an agreement to allow the City to potentially charge for parking in the garage at some point in the future if market conditions warrant it. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign Addendum 1 to the Parking Garage Agreement for the Landing with Transwestern Harvest Lakeshore LLC. C:\Documents and Settings\BWalton\Local Settings\Temporary Internet Files\Content.Outlook\X7DZYUNA\Parking Garage contract addendum.doc Revised 6-15-.1001 ( 945eAf A�ePtda ADDENDUM 1 TO PARKING GARAGE AGREEMENT Dew % e, FOR THE LANDING Cwncif Concur. WHEREAS, the City of Renton (the "City") and Transwestern Harvest Lakeshore, L.L.C., ("THL"), entered into an agreement entitled Parking Garage Agreement For The Landing (the "Agreement"), dated February 16, 2007; and WHEREAS, disputes have arisen between the City intent and application of certain sections of the Agreement WHEREAS, the parties wish to resolve NOW, THEREFORE, THE PARTIES DO HL i 1. Section 1.2 of the Aareeiaent shall be modi parking garage property shall be Ten ($10,650,000). The City and,THL Agreement for In whereby the City to install that payments Fifty the meaning, by means of thR . ddendum 1; GREE AS FOLL WS: that the purchase price for the Dollars 'into an agreement entitled For The Landing, dated June 8, 2006, in infrastrue at the expense of THL and THL agreed would pay. The parties agree that the amount other oral or written agreements concerning or infrastructure between the parties is the sum of Nine Hundred Seventy-five Thousand Doll; � y yf ($975,000) owed to the City by THL. This amount shall be deducted from the clog herein and results in a payment to THL, for the garage, pursuant to the Agreement, of Nine Million Six Hundred Seventy-five Thousand Dollars ($9,675,000). 2. Section 1.3 of the Agreement, entitled Payment of Purchase Price, shall be modified to have the entire purchase price paid at closing and there shall be no hold back funds or additional occupancy requirement. 1 3. For purposes of this agreement, the effective date shall be the date both parties have signed this Addendum 1, such as to trigger THL's obligations under Section 2 of the Agreement. 4. Pursuant to Subsection 3.1.2 of the Agreement, THL had submitted a conceptual plan for improvements proposed for the THL property which included signage. The conceptual hk plan showed a preliminary design of a tower sign. That sign tow�lias not been installed. The L City and THL agree that THL may delay the installation of the'sign tw nor, in its place, other WIN mutually approved site signature amenities at a cost to ,, L not to exceed F© r:�Hundred Thousand Dollars ($400,000), within one year a er 3 L obtain ninety percent 0) leased occupancy. Approval of the tower sign or in its place other tnutua11 approved site signature amenities shall be agreed upon by the City andTHL each acting �asonably and in good faith. The City maybe willing to contribute additiial furidast4hese amenities. 5. The City waves the express cond�t on precedt contained in Section 4.2 of the V Agreement while T1IL=agrees that tl%e City may ch age parking fees in the parking garage a a. starting no sooner, than 10 years after , effigning th'e Agreement. Neither the City, THL nor any success 0"'owner of Tfe andmg shall impose any fee or charge of any kind in connection with the Ace'' b or use of the parking garage for a period often (10) years commencing upon the date that the arage began operation unless the Parking Garage and Area Maintenance, Operation and Managment Agreement, attached to the Agreement as Exhibit G, is terminated X3 pursuant to the provisions of Sections 4(b), 9(c), 10(a), 10(d) or 13 of the Parking Garage and Area Maintenance, Operation and Management Agreement. Following expiration of the initial ten (10) years of operation of the parking garage, the City reserves the right to impose a parking charge if owners and operators of multi -level parking garages located in suburban regional OA shopping center mixed -use developments in the greater Seattle metropolitan area assess a charge to utilize a parking garage. At such time as the City imposes a parking charge to park in the parking garage, the City shall participate in a shopper's incentive and/or parking validation program allowing customers of The Landing to park free and that will help to relieve traffic congestion and improve traffic circulation within downtown Renton on terms and conditions set forth in the remainder of Section 4(c) of the Parking Garage anzt1Area Maintenance, Operation and Management Agreement. As outlined in the be allowed to use the garage to park free of charge in associat located off The Landing grounds, including but nbt lted to t Gene L. Coulon Memorial Beach Park and Lake Mi. charged before ten (10) years as detaileda Y 6. The Closing Occupancy Requ Occupancy Requirement of86 eetn 6.2 of the 9 general public will with activff � that maybe �. and sneci&`i1,v#`ents at o fee for such parking may be 6 14 d the Additional waived. 7. ThePtoslbg Occup'6cy Requirement to trigger closing pursuant to Section 8.1 of u the Agreement 11 be the: tieslave signed this Addendum 1. In that same section Agree m ut,ubse.1.1.9, concerning the OEA Amendment is hereby waivea. 8. Motion 9.6 of Conditions for Closing, concerning an appraisal of the parking garage property by t t ; 's hereby waived, as is Section 9.7, concerning the OEA Amendment. IN WITNESS WHEREOF, the parties have executed this Addendum 1 on the day of , 2009. 3 ►AW, Cit} ApI Lave CITE' OF REN ON Denis Law, Mayor .e limited nmittee Dirk Degenaars, Member of The Executive Committee S ,. t STATE OF l ss. COUNTY OF ) On this day personally appeared before me Denis Law, to me known to be the Mayor of the City of Renton, that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such party, for the u 'and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day Of;; , 2009. STATE OF ,K�1iJ�1111'Z�l On this day,0 of the Executive Co foregoing instrument, deec dull of Printed Name NOTARY PU13EIq My Commission ss. for the State of reams ding at before m ,jod A. Ruble, to me known to be a Member western 11 st Lakeshore, L.L.C., that executed the d-; suc nsfrument to be the free and voluntary act and pos s6therein mentioned, and on oath stated that he was AND O ",!T IAL SEAL this _ day of 2009. Printed Name NOTARY PUBLIC in and for the State of -, residing at My Commission Expires k' STATE OF ss. COUNTY OF On this day personally appeared before me Dirk Degenaars, to me known to be a Member of the Executive Committee of Transwestern Harvest Lakeshore, L.L.C., that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such party, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument.' , GIVEN UNDER MY HAND AND OFFICIAL SEAL this day o , 2009. Printed Name NOTARY PUBLIan and for the State of residing at My 2 CITY OF RENTON COUNCIL AGENDA BILL AI #: e Submitting Data: Dept/Div/Board.. Finance & IS Department Staff Contact...... Iwen Wang . Subject: 2009 Mid -Year Budget Amendment Ordinance Exhibits: Issue Paper Draft Ordinance For Agenda of: June 15, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... /:/ X Recommended Action: Approvals: Legal Dept......... X Refer to Finance Committee Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $(7,6111,289) Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The proposed budget amendment reduces overall City budget appropriation by $7.6 million, and: 1) Recognizes lower than budgeted General Governmental revenues and makes corresponding expenditure and fund balance reductions; 2) Recognizes grants/donations and associated program costs; 3) Adjusts Photo Red Light Enforcement program revenues and additional program costs as well as allocating $250,000 for neighborhood safety emphasis patrol; 4) Makes minor corrections to carry -forward adjustments; 5) Creates a Communications Internal Service Fund by pooling communication related functions and resources in various departments into one area, with no net budget impact; and 6) Reduces General Governmental Capital Project appropriation. STAFF RECOMMENDATION: Approve the proposed 2009 Mid -Year Budget Amendment and place the ordinance on for first reading. til 1 O� FINANCE AND INFORMATION SERVICES DEPARTMENT M E M O R A N D U M DATE: June 15, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Iwen Wang, Administrator SUBJECT: 2009 Mid -Year Budget Amendment Ordinance ISSUE Should the 2009 budget be amended to incorporate changes as detailed below? RECOMMENDATION Adopt the ordinance amending the 2009 Budget. BACKGROUND SUMMARY At the Council Workshop in February this year, the Administration identified the impact of the global recession on local economy and the City's revenue projections, as well as the proposed expenditure reduction to bridge the budget gap. The proposed budget amendment will primarily incorporate these changes, but will also recommend other changes as highlighted below. The combined adjustments are a total reduction of $7.6 million in the 2009 City's spending plan. I. General Governmental Operations 1) Economic Impact Adjustment: Decrease the 2009 General Government expenditure budget in the amount of $4 million and recognize a lower revenue projection by $6 million, which will result in a reduction in undesignated fund balance by $2 million. 2) Photo Red Light Enforcement Program: Increase program revenue estimate by $480,000 to fund program cost adjustment of $410,000 and to restore/provide $250,000 in neighborhood safety emphasis patrol that was removed from the 2009 adopted budget. The total expenditure adjustment is higher than revenues represents some program "surplus" that was included in the adopted budget. 3) Unfit Building Abatement Revolving Fund: Allocate $60,000 for the removal of up to five unfit buildings. The cost will be recovered through liens against the properties and replenish the City's funds. Randy Corman, Council President Members of the Renton City Council Page 2 of 3 June 15, 2009 4) Communications Division: Creation of a Communications Internal Service Fund ($l.l million) by consolidating communication related resources in various departments into one area with no net budget impact. II. General Government Capital (Fund 316) 1) Landing Parking Garage: Reduce funding for the Landing Parking Garage Acquisition by $2.15 million ($1.85 million acquisition, and $300k in reimbursement to Fund 318 for infrastructure cost). 2) Eliminate Debt Financing: Remove $5.25 million budgeted bond issuance which was initially for SCORE ($3 million) and the land acquisition for the new Parks Maintenance Facility ($2.25 million); and reduce interest earning estimate by $500,000 for a combined total of resource reduction of $5.75 million. Since the required cash contribution from Renton for SCORE is only $820,000 at this time, and the decision to defer the land acquisition for the maintenance facility, the Administration recommends not to use debt financing at this time. Instead, we recommend using the saving from the parking garage to fund this cash requirement, and to offset the projected lower interest earning, with the remaining balance ($830,000) designated for the Parks Maintenance Facility. 3) Allocate Highlands Redevelopment Reserve: As presented to the Council at the February Workshop, there are a number of actionable items which resulted from the Highlands Taskforce Phase II report and the administration recommends moving forward with the work in 2009. The proposed allocation includes: a. $100k water main replacement (recoverable when developments occur); b. $50k Sunset area community investment strategic plan; c. $250k Sunset area sidewalk repairs; d. $300k Sunset Avenue corridor design; e. $200k regional storm water facility feasibility/preliminary design. These works total $900,000, which will leave $600,000 balance in the unallocated reserve. As always, staff will bring scope of work and contracts back for Council approval prior to spending these funds. Randy Corman, Council President Members of the Renton City Council Page 3 of 3 June 15, 2009 III. Enterprise Funds: Minor adjustments are also made to the enterprise funds including: 1) Allocate interest earning on bond proceeds to various utilities; 2) Recognize wage concession savings. Attachments: Proposed Mid -year Budget Amendment Detail Draft Budget Amendment Ordinance and Attachment A Cc: Jay Covington, CAO Marty Wine, Assistant CAO Bonnie Walton, City Clerk Department Administrators H:\FINANCE\BUDGET\2009 Budget\Budget Adjustments\2009 mid -year bugt adjustment agbip v2.doc 2009 Second Quarter Budget Adjustment Detail GENERAL FUND (Fund 000) Adopted Adjustment Amended REVENUES 100,850,899 Sales Tax (1,641,000) Admission Tax (365,000) Natural Gas Tax (258,000) REET (1,500,000) Building Permits (1,200,000) Plan Review Fees (500,000) Interest Earning (500,000) Police/Court Service Charges (50,000) Library, KCLS Transfer Revenue (in -lieu of budget reduction) 50,000 Graffiti Program Donation (offset expenditure) 500 Emergency Management Grant (partial fundign for F&ES position) 35,000 Photo Enforcment ($230k base revenue/$250k Emphasis patrol) 480,000 Custer Fund Grant 15,000 Renton Community Foundation Grant 76,340 From Fire Health & Wellness 34,153 Total Revenue Adjustment 100,850,899 (5,323,007) 95,527,892 EXPENDITURES 102,433,410 AJS Communications Contracted Services (25,000) AJS Hearing Examiner (24,000) AJS Court: Contracted Services (15,000) AJS Clerk: Mise Services (10,000) HR Recruitment (10,000) HR Training (10,000) CA Postage (8,000) CA Publications (2,000) Fire Various (678,000) Police Jail (210,000) Police Quarter Master (100,000) Police Pay/Ben reimbursement (average 1 FTE) (100,000) Police Pay/Ben Position Vacancies (average 2 FTE) (200,000) PW Defer Purchasing of Backhoe (90,000) PW Salary Savings (32,000) CED Holding 4 Positions Vacant (350,000) CED Backfill Sr Plner w/Consultant 75,000 CS Perform HVAC In-house (73,000) CS Housing Needs Assessment (30,000) CS Housing Repair Program (10,000) FIS 503 Capital Saving/Reduce Service Charge (250,000) City Position Vacancy Savings (190,000) City State Pension Rate Reduction (460,000) City City-bVide Wage Concession (1,069,012) 1;&ES Memorial fiord transfer to Renton Community Foundation 57,062 F&ES Fire Wellness Fund Transfer/Part of Wage Concession 34,153 F&ES Position partially funded by Grant 35,000 Police Photo Enforcement Equipment Contract 340,000 Police Neighborhood Safety Emphasis Patrol (funded by PE revenue) 250,000 Court Photo Enforcement processing, Pro Tem Judge, interpreter, OT 70,000 CED Unfit Building Abatement Revolving Fund 60,000 Police / Graffiti Removal Donation 500 CS Custer Fund Grant Liberty Park Light pole replacement 15,000 CS Renton Community Foundation Sr. Center Fitness Equipment 76,340 CS CFwd Correction: HS Needs Assessment (BH Annexation area) 30,000 CS CFwd Correction: Community Center Needs Study (BH Annexation area) 30,000 Debt Sc Eliminate .Landing Parking Debt Service (323,000) Total Expenditure Adjustment 102,433,410 (3,195,957) 99,237,453 Ending Fund Balance 10,234,050 2 127 050 8,107,000 0:\Budget\2009 Budget\2.Budget Adjustments\2009 2nd Qtr Budget Adjd19nent.xls by fund sum 06/09/2009 2009 Second Quarter Budget Adjustment Detail LEASED FACILITIES FUND (Fund 108) Adopted Adiustment Amended EXPENDITURES 1,882,837 City -Wide Wage Concession (1,609) Total Expenditure Adjustment 1,882,837 (1,609) 1,881,228 Ending Fund Balance 613,543 1609 615152 MUNICIPAL CIP FUND (Fund 316) Adopted Adjustment Amended REVENUES 9,912,601 Interest Earning (500,000) Bond Proceed (5,250,000) Total Revenue Adjustment 9,912,601 (5,750,000) 4,162,601 EXPENDITURES 20,787,916 City Contribution to SCORE ($820k required/$3 million budgeted) (2,180,000) Landing Parking Garage Acquisition ($5.35 million required/$7.5 million budgeted) (2,150,000) Pk Maint Facility Land Acquisition Fund (Bgt $2.25 million/$830k available) (1,420,000) Allocate 316 Fund Balance Reserved for the Highlands 900,000 Total Expenditure Adjustment 20,787,916 (4,850,000) 15,937,916 Ending Fund Balance 1,500,000 (900,000) 600,000 AIRPORT FUND (Fund 402/422) Adopted Adjustment Amended EXPENDITURES 6,280,370 City -Wide Wage Concession (7,111) Total Expenditure Adjustment 6,280,370 (7,111) 6,273,259 _Ending Fund Balance 338,554 7,111 345,665 SOLIDWASTE UTILITY FUND (Fund 403) Adopted Adjustment Amended EXPENDITURES 14,899,606 City -Wide Wage Concession (7,408) Total Expenditure Adjustment 14,899,606 (7,408) 14,892,198 GOLF COURSE FUND (Fund 404/424) Adopted Adjustment Amended EXPENDITURES 2,823,367 City -Wide Wage Concession (12,566) Total Expenditure Adjustment 2,823,367 (12,566) 2,810,801 WATER UTILITY FUND (Fund 405/425) Adopted Adjustment Amended REVENUES 14,983,735 Transfer In From Bond Reserves Fund 63,188 Total Revenue Adjustment 14,983,735 63,188 15,046,923 EXPENDITURES 19,579,780 City -Wide Wage Concession (48,132) Total Expenditure Adjustment 19,579,780 (48,132) 19,531,648 Ending Fund Balance 2,640,493 111,320 2,751,813 0:\Budget\2009 Budget\2.Budget Adjustments\2009 2nd Qtr Budget AdjQd* lment.xls by fund sum 06/09/2009 2009 Second Quarter Budget Adjustment Detail WASTEWATER UTILITY FUND (Fund 406/416/426) Adopted Adjustment Amended REVENUES 21,518,302 Transfer In From Bond Reserves Fund 27,105 Total Revenue Adjustment 21,518,302 27,105 21,545,407 EXPENDITURES 23,989,992 City -Wide Wage Concession (21,061) Total Expenditure Adjustment 23,989,992 (21,061) 23,968,931 Ending Fund Balance 1093 227 48166 1,141,393 SURFACEWATER UTILITY FUND (Fund 407/427) Adopted Adjustment Amended REVENUES 10,416,517 Transfer In From Bond Reserves Fund 16,084 Total Revenue Adjustment 10,416,517 16,084 10,432,601 EXPENDITURES 13,434,801 City -Wide Wage Concession (33,101) Total Expenditure Adjustment 13,434,801 (33,101) 13,401,700 Ending Fund Balance 962197 49185 1,011,382 UTILITY BOND/RATE STABLIZATION FUND (Fund 461/471/481) Adopted Adjustment Amended EXPENDITURES 174,840 Closeout 461/Interest Earnings allocated to 405/06/07 106,377 Total Expenditure Adjustment 174,840 106,377 281,217 Ending Fund Balance 121,879 (106,377) 15,502 EQUIPMENT RENTAL FUND (Fund 501) Adopted Adjustment Amended REVENUES 5,738,940 City -Wide Wage Concession (13,816) Total Revenue Adjustment 5,738,940 (13,816) 5,725,124 EXPENDITURES 4,149,169 City -Wide Wage Concession (13,816) Total Expenditure Adjustment 4,149,169 (13,816) 4,135,353 Ending Fund Balance 3,956,501 3,956,501 INSURANCE FUND (Fund 502) Adopted Adjustment Amended REVENUES 3,108,355 City -Wide Wage Concession (4,833) Total Revenue Adjustment 3,108,355 (4,833) 3,103,522 EXPENDITURES 8,090,273 City -Wide Wage Concession (4,833) Total Expenditure Adjustment 8,090,273 (4,833) 8,085,440 Ending Fund Balance 5,728,514 - 5,728,514 0:\Budget\2009 Budget\2.Budget Adjustments\2009 2nd Qtr Budget AdjLMment.xls by fund sum 06/09/2009 FACILITIES SERVICES FUND (Fund 504) Adopted Adjustment Amended REVENUES 4,305,262 City -Wide Wage Concession (35,166) Perform HVAC In-house - (73,000) Total Revenue Adjustment 4,305,262 (108,166) 4,197,096 EXPENDITURES 4,305,262 City -Wide Wage Concession - (35,166) Perform HVAC In-house (73,000) Total Expenditure Adjustment 4,305,262 (108,166) 4,197,096 Ending Fund Balance - - COMMUNICATIONS FUND (Fund 505) Adopted Adjustment Amended REVENUES Revenue Generated from Fund 000 and 503 1,100,708 Total Revenue Adjustment - 1,100,708 1,100,708 EXPENDITURES - Expenditures Generated from Fund 000 and 503 1,100,708 Total Expenditure Adjustment - 1,100,708 1,100,708 Ending Fund Balance - - - EMPLOYEE HEALTHCARE INSURANCE FUND (Fund 512) Adopted Adjustment Amended REVENUES 11,040,415 City -Wide Wage Concession (2,249) Total Revenue Adjustment 11,040,415 (2,249) 11,038,166 EXPENDITURES 11,060,216 City -Wide Wage Concession (2,249) Total Expenditure Adjustment 11,060,216 (2,249) 11,057,967 Ending Fund Balance 3,760,553 - 3,760,553 RETIREE HEALTHCARE INSURANCE FUND (Fund 522) Adopted Adjustment Amended REVENUES 2,040,686 City -Wide Wage Concession (156) Total Revenue Adjustment 2,040,686 (156) 2,040,530 EXPENDITURES 1,979,217 City -Wide Wage Concession (156) Total Expenditure Adjustment 1,979,217 (156) 1,979,061 Ending Fund Balance 1,935,616 19935,616 0:\Budget\2009 Budget\2.Budget Adjustments\2009 2nd Qtr Budget AdjJd4ment.x1s by fund sum 06/09/2009 I CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEAR 2009 ANNUAL BUDGET AS ADOPTED BY ORDINANCE NO. 5423 AND THEREAFTER AMENDED BY ORDINANCES 5441, 5451, AND 5455. WHEREAS, on November 17, 2008, the City Council adopted Ordinance 5423 approving the City of Renton's 2009 Annual Budget; and WHEREAS, on January 12, 2009, the City Council adopted Ordinance 5441 adding the City Attorney's Office positions to the 2009 adopted Budget; and WHEREAS, on March 16, 2009, the City Council adopted Ordinance 5451 appropriating funds in the Golf Course Fund for certain expenses related to securing water rights at the Golf Course; and WHEREAS, on April 20, 2009, the City Council adopted Ordinance 5455, carrying forward funds to complete projected/programs authorized and funded in 2008, but not yet completed; and WHEREAS, economic conditions require the City to modify its revenue projections and the appropriations for 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinances 5423, 5441, 5451, and 5455 establishing the City of Renton's 2009 Annual Budget are hereby amended in the lower amount of $7,611,289 for an amended total appropriation of $281,265,058. 1 ORDINANCE NO. SECTION II. A summary budget adjustment by fund is hereby attached as Attachment A. A detailed list of adjustments is available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) 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:1558:6/9/09:scr Denis Law, Mayor 2 ORDINANCE NO. Attachment A: Mid -Year Budget Amendment BEGINNING FUND BALANCE I REVENUE EXPENDITURES END FUND BALANCE 2009 Budgeted 2009 Budget 2009 Adjusted 2009 Budgeted 2009 Budget 2009 Adjusted 2009 Budgeted 2009 Budget 2009 Adjusted Ending Fund Required Available Fund Fund/ Beg Fund Bal Changes Fund Bal Revenue Changes Revenue Expenditure Changes Expenditure Balance Reserves Balance s. v, _,. _; x.,x00II�GENBZ4L ., .. , ,,-- -., , , . „ , 5 704 07 , , .. „t, ..E.. 700"5 - „ � � �,.. , E, 5,.. 07 „ ,.., r:: ., s . J ?-.: r , .. 7fl �2Z,270 , ,,:., (3,341,347)-�. ,.,-fi7,185 923-, ., , . ... .. .. 72,fl12,259 001 COMMUNITY SERVICES 2,346,619 2,346,619 13,949,082 91,340 14,640,422 14,021,385 (26,859) 13,994,526 2,392,515 2,392,515 003 ^STREETS .,u. -,_. <, . , , :: k ::: 1 89& 458 1„896 458 „x •., 9 fl5:1::8,09 .:.:::- 258 000 ,-_ 8 793: $09, . , a.. a9:0]7 028 1''74 799 =` '`' 8 9D2 229 , ; ; - (^788 038t 004 COMMUNITY DEVELOPMFMBLOCK GRANT (18,496) (18,496) ,-_, 357,935 - 357,935 ,. 357,935 (2,014) 355,921 ..'�:,..�...�«,»tza . (16,482) (16,462) E.". _., 9,:_ r=:..zu .. ,: .`',x .. ,,, -_. <.. .... 00S.r,M��v1:,. . _. s,.,. <, _ .:u:;,,:, .. .t®, ,.��:! - =.a .,,.. ".., �,'.'�.. .- _-.;.�-. -"<,,' ,-.`s.-,xi.:;;,:w"f,w.<�< ,_��a-.' E� .m .. ._ 124,.- 151€124 _. 151.1-24 {. 1 499 .E 149 625 .,., ,...,,i,...«.:'E�. .E iI ;.,, w"F',•,.., ,.,,xw,.":5 1:499 1 499, ... _-...,.,_ 006 LIBRARY 1,078,408 1,078,408 2,148,018 50,000 2,198,018 2,148,018 (20,057) 2,127,961 1,148,465 1,148,465 max. `0.: �PARKiNG GARAGE:NWJNTENA�NGE _<,,. -'. E. ,......max.• a. ,>:..:_ .-. ,.�- ,..., ,_ ,,.<t. --. '��-,:-�' ,-': .�-r.. Y,.,'71 w' "-':n 2 F:;� t _ _....max..,, - 0NE- 09 FARMERS MARKET 52,147 52,147 35,280 35,280 35,280 35,280 52,147 52,147 Oa.O _FIRE -AND EMF]2GENCYaSVC<MF1vtbRIAL ....57 062 _ 57 062 E:ra�s�-�.,, a5 DD0 15 00 � ;.., 5 0D4 €E' S7 fl62,;;; -72 � 011 FIRE AND EMERGENCY SVC HEALTH& WELLNESS 34,153 34,153 «a=? 25,000 25,000 ....k� 25,000 34,153 59,153 ,. R..._. . <,.. ,,. D '_' - 'sail ..rc. L.,.:- _.ems'_ .. nxm_<...w __---_-F._. .. ��- 201 1997LIMGOBONDS-CIrYHALL 1,968 1,968 ,,._.,.-�,,,� - - a.,., .z. 1,980,440 (1,500,000) 480,440 ..t::E. ........... ... .. .a3 _. 1,980,440 1,980,440 n.k3£h u>.,,�i�..1:�...�.:.ti,<. a^✓Civv (1,498,032) (1,498,032) ,� ... •t r,;u awn .... , ,.. .,, "--->' . , .. "q*:-- z:'<. _- -: •x-xre", exn �.nt ... a, ...... 9 8: N® SRC ..... .. .. ....... • . .:.. 'Su . .,� -� . , „' w. ,. ��_ ���` ,'.<d`n. 215 GENERAL GOVERNMENT MISC DEBT SVC 494,283 494,283 .,,,,;:<x ,.. ..:...,.' 2,609,941 �(365,000) 2,244,941 2,609,941 - (323,000) 2,286,941 Y ..,o...�> 452,283 452,283 elleraj�Gover,[lmental .untls, _..,_�. � 11815661 „�.,_,� ._ ., tE.t 1.i81,656_ �_..,,_...� ., e....-.2-, -, me. m,:.a.� __. ,,,., `-�€lL-, x n ,r.�.-.�E6S�_- e � _, ,,, .. .,� <,-90�8.808s9,.E x53230flZ,.,.�v� 85527:89.2.- Tsu- „� 3._ )..:n"i29�, a-� 1D2433 �0..........3196857 992374b3 S-�.:,,.. > E. �k,.;> � .�<,- �.__8i4T0U0;_ E.:. 372 730 �..,,>.�.. fi38 575 fi38575- -. - - .-,- 7500D4 750000,,,,261.345 , t. „E ,. .,. .. - v t;1305 , �.:u.._-a _:_c..,:E- ..a.,.'..,k�$ .. .:..•,�«.. �, «�«,a.=....; ,,.,,,,,, x., tE.t .,E ,.. ,,._,.,,.a.,,..,. <x,,..usx x:.« , 108 LEASED CITY PROPERTIES 1,252,058 1,252,058 �<.x.:?!,z?.., .,..:« _ ,r,,, ...., xu ,.<..,....xe.7.E`,E.... ,,. h:�st{��iC'�d, 1,244,32 2 - 1,244,322 .E€.�Etttt ,..{Ex .._ ,82, 8 2 1,882,837 (1,609) 1,881,228 ,'-_-2 615,152 615,152 t t D .SPECFAL HOTEL MOTHTA�... s250746` 250 Z46 : t , , ._: 340 4(30 340 400 - x• „" a x 326 00D 26,D00 <�'�,. � €€� a"�ds 265„ I46 - �R ..: ...:., 2&6148. 118 CUM 2755 (PATHSM;?A LS) - �--�3,243 3,243 ". ._,� __ _ - -,_ _. � - - - ,,,,.__ ._,, ,_, ._ _. �<._._ .< - - - , , m_< 3,243 3,243 ..,o....-,.�^"' .?Z�GNEPB2CFAfI,F' ,, 1zT. 1E21>fi7$ ...... ,,.. , ... .,:::,. e,=�t,>w ix '«�:i,!�E E(F< „_ a=, F. 1ZI,678... 121678 r-�..:, -�_,_,,.�<,��4,. 127 CABLE COMMUNICATIONS DEVELOPMENT 112,368 112,368 85,674 - 85,674 85,674 - 85,674 112,368 112,368 '..: 1D,500 �, , 7::: .,, - '.; -;-.- , 19 002 - w,„�,'�.,a,-,n„a.�<,: ,,. ..s, -- _ ."-_•�.m.G,,, T.; as, x�-'.,, t,,,, ,.�..,.,.,,._,,, 219 1989 UNLIM GO BONDS -SR HOUSING 496.119 496,119 .._a_ _ -��aH 5,100 5,100 523,230 523,230 (22,011) (22,011) -,:.. .. t x ,. ., - -..'T ... °i" ""3 .. °',^C>,@�T' �.'. ;', ., , ^ ct'==' •t : -. f - _ ._ �fi3�L'01V1�vR$Ev1€iY:5ERUiCESH,79'AG'1'aiv1F'1~1GAttOlri; - . :,--.1.8.7:0;013 ��z. . E�,�� sue,., i 670,Q13 ,, .._... ^�. - r:,,, �.. 0000` s '::,3 x,S` , 4-^,'::',. -.�.� �,., -:a:f'� '. ..3,,m�..:.,A.,<.,'r:_,,,. '.,rvau. h,„_ _ z,_< .�'.ti sw<. _. .',tt�A✓a<i 04 FIRE IMPACT MITIGATION 2,375,767 2,375,767 ,,,,, ,,.2n r, �;., ., .�.€€,iE',,, ;.. .. .,n..,x.. .......... ... .. 300,000 300,000 x.:.,hw<.R'a„ :.a�'w�:q x�.w -d..0 ._.. „-k,n.-. 300,000 300,000 ,. ,,.'�z,w ,.x tta ,tQ, 2,375,767 2,375,767 .,,,� „_. ., IIS,:TfLAN5f�YSRTATION IMPACT,MET[GAT[ON'���- I`� ,..3 332 . 7 : 3 332 4,7k, ,.,.„ ,_. :?. _ �.N. .,, .., ...... ram„ .,Fr : 3 r..T , ,,, 3 00fl;004 316 MUNICIPAL FACILITIES CIP 12,375,315 12,375,315 9,912,601 (5,750,000) 4,162,601 ...,. _.� 26,787,916 (4,850,000) 15,937,916 _ 600,000 600,000 -. -,.;. -. ...... : ',. ..-........ :=:.v.._.... _. ..,€,.._... .... _.-. .. ..:.,: =x .rx:,x .-:i>, x.xw,.a<,,x�. ; , ;.;... t. 02 :. ,. c -. 3 x,,26t0547 , ..e.,,�ra-.,,,,4 ... ti ..... . __.Y"•°E^' R: xH'^ 44'�3335',. , ..r:<x_ .',«. ::::. t, ,..�............_::,.EE- 318 SOUTHLAKEWA INFRASTRUCTURE PROJECT (999,477) (999,477) 14,744,767 14,744,767 13,693,912 13,693,912 51,378 51,378 &... - . 3(T325 0 25 i6:;HO'SING PFflRTUNINa ._..., �t-:,�..� 1. R � ' 20032 _ T200325 -_,,.,.;f0 �., .>�;<„<..�:za<;. .. ,- ... ;,.t. , >a..�•�__- - 402 AIRPORT OPERATIONS 583,924 583,924 ..Js.. .E,x�€ - - , .,, . __>w., _S., .:1rs<r,°=��•-�'. 1,209,511 1,209,511 _.,. ,,,, ,. ..,s.3:,.,,..;�;.`x.,:S 1,530,376 (7,111) 1,523,268 _.0 .,w.......a`t,..:a 270,167270,167 ,....., ,:e.;xt - ,: .-.._�-._...._,- �51.23;236 -xq ,. ,:: ...,p_.. _-,,9T.' P."--»'-s � : � 0 Z'408E ,_1E4 9�2138 ... ,'• ,. .,:'s' feu E." , ::,:. 882 t„7J3:E Y„�,x 404 MUNICIPAL GOLF COURSE SYSTEM 861,013 861,013 2,469,699 2,469,699 2 491,969 (12,566) 2,479,403 851309 851309 i ...-., max...,_, w, _,.,.. �< ,sx �. _,-;r,,.:g., WATER OF?EIZA; , ONS�. , . , ,:5,104 2 6 ..,_.-,_- ,:_ 51II4.•276. ..tom.. x,,: _ , ., 'J. > 75032_. , . _1 t3)041g1,844 63.1'"8$,.�� 0,rfl . -7 x . _ -- ., 9 ..7- 8'1.32- . 1�551 648 12 <5 •>9�,°„,{4 , s �--;,. «.,-.,.._,._ , �---«-' � _ .. <2627.660 '1 95502 � _ `u: 672:G40= (.., €}, ?,. i •.3,:�.:,,nu ';::.;.�5{�,§,. 406 WASTEWATER OPERATIONS 2,941,862 2,941,862 .P"�'.w, l 5,529,980 - 27,105 5,557,085 :ttQf. N'ffi:n .... ab:.a,.., ...rtn.#xx.A 5 7,365,344 - (21,061) 7,344,283 ..w,,,C�. 1,154,664 (838,7�06) 315,958 OPF72ATi0NS f x< ,- ,. , e 3 . _ ., .7904 801 �r� s . _ 33 101 ,. Z 87E1700:. , - � :. ( 3 'j' _ . Pr- ,... <.986 06.9 ; .... 497 632E � 48$ 429': . ( ). , . 416 KING COUNTY METRO (97,685) (97,685) 11,414,648 - 11,414,648 -_- 11414,648 - 11,414,648 (97,685) (97,685) 422 AIRPORTCAPTTAUJMPROVENEDTr ,.....:284.,452. , ...,... 2t34;452 _ ;,ta? t4,541,037 - 4,541, 037. R.....:,. -__. _ 4�49,991,. .....,,, stt 4�7 9 8 .�<...:7_5.498 °ti...,,.'.:.�<. 424 MUNICIPAL GOLF COURSE SYSTEM CP 257,677 - 257,677 154,080 - � 154,080 331,398 - 331,398 80,359 80,359 9 _. _,. _.. _ ..-...,., , , { .. �..,.., 2 132.262 , , � a 2 ;1.32262 �� 4 1 4 975 89t, 971.,89 � - tE � .- 6 4$O,i00 - 680 440 ,::�.< - 11.4 1;53 , , 124` 1°53:i 426 WASTEWATE2CIP 720.740 720,740 4,573,674 - 4,573,674 5,210,000 - 5,210,000 84,414 42 {S A E WATER OIP E 734,304 r 734304. r . . �._ �_..> 4 621 017 1 4 8iT 017 Tm_,..,u �a �a3fl fl0 5 ISO, 00 -, __ 0==106,377 _: 25 321 461 WATERWORKS BOND RESERVE 106,377 106, 377,x_.,:_ 6,377 10, - .-<.�,x_ s41AT_Q,S'ASTAI3JLJZAt� ,.,.x. '� R,,.,::;.....I a,:�n ey _ v a,,.. -� Grua „t,«:•: s {sgit •- 481 FUTURE W/S BOND PROCEEDS >-„..< 174,840 174,840 - - - 174,840 - 174,840 - s'= � �` �IUIPMENiRENT�L�{ �: 1 .,--�, �-€ E,; 2 366730 .. .. ... 66'730 5.73$•94II 1.381.5 5a72 1, 4€ ':..t 4149.159 38 6: 41"35,353 ;956"50'1;r 502 INSURANCE ,.,....:. 10,710,432 10,710,432 3,108,355 4,833 3,103,522 8,090,273 4,833 8,08 5,440 5,728,514 93- INFOT2NlaT1®Nar2UtCES �k• �sFw 1,530;93�, , .. , - 1,53U 93i r!..y 4,2=97<.:069 ' (512 209).. 3 184 860 5993 5 246292 e(5� 2 209), 4 73� r:i'�'&.t - a 579 804 3 �b!La,. ", _. -�- �.-Im,zctis,.:„�1n. „ - 04 FACILITIES :' .4.i,.... -„ ---.-; "� __ ,.,. ::, V . __ ...-v_.'e; ..: _ 4,305,262 _.dw_ � (108,166) 4,tn9`E< 7,096 ....._ - .. _ 4,305,262 108,166 4,197,096 �a0 Q,.. 1 1.08E -roA'Y EE yE T yCOivINtJNATJONS 5122 HEALTHCARE INSURANCE 3,780,354 317801354 11,040415 (2,249) 11,038,166 11,060,216 (2,249) 11,057,967 d 3,760,55� 22«LFFFaREES�HFATIICP RE 1 874147, 1.,874;]4.Z 2040 53U 1 379,2;17 (156) 1 979 669 1 935 616'{ �.,,�,:x-. , �„_ ::; . , , �:v, ,.�.. �x.. 611 FIREMENS PENSION 1 ,� v ;•,�;<�.- - . _ , ,,,..,,..,, 4,265,991 �.... � .,.. 4,265,991 290,000 - 290,000 542,276 - 542.276 4,013,715 5,728,5141 3,715 ff 9 738 3 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... Subject: Finance & IS Department George McBride, Information Services Sprint Cellular Phone Agreement Exhibits: Issue Paper Sprint Solutions, Inc. Government Wireless Services Agreement (Contract 4BSG0903-034OR1) Al #: For Agenda of June 15, 2009 Agenda Status Consent .................................. Public Hearing .......................... Correspondence ......................... Ordinance .......:......................... . Resolution .................................. Old Business .............................. New Business ............................ Study Sessions ........................... Information ................................ X Recommended Action: Approvals: Legal Dept ................................ X Council Concur Finance Dept ............................. Other. .......... Fiscal Impact: Expenditure Required... Amount Budgeted....... Total Proi ect $80,000 Transfer/Amendment....... $159,646 (Citywide) Revenue Generated......... SUMMARY OF ACTION: Share Total Approval of a Government Wireless Services Agreement with Sprint Solutions, Inc. at approximately $80,000 per year, to provide a cost effective way to meet the City's growing cellular wireless voice communications. The funding is provided separately from each departmental budget at approximately $159,646. STAFF RECOMMENDATION: Approval of the 12-month Agreement. H:\FINANCE\ADMINSUP\O]_AgendaBills\2009_Agenda Bill for Sprint Cellular Contract.doc �ti`sY O� FINANCE AND INFORMATION SERVICES ♦ Y= DEPARTMENT M E M O R A N D U M DATE: June 15, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: l�,, Denis Law, Mayor �u FROM: Iwen Wang, FIS Administrator STAFF CONTACT: George McBride, ext. 6886 SUBJECT: Sprint Cellular Phone Agreement ISSUE Should the City execute an agreement with Sprint Solutions, Inc. as the City's cellular wireless voice communications provider? RECOMMENDATION Staff recommends approval of the contract. BACKGROUND The City's cellular phone costs have been steadily increasing. During the calendar year 2008, total costs were $148,265 for all Nextel and Verizon voice accounts. We have negotiated a special pooled minute arrangement with Sprint/Nextel and Information Services that is estimated to reduce annual cell phone costs to $80,000. This plan pools minutes and manages staff accounts by usage rather than a one -size fits all approach. This plan will require significant monitoring and adjustment to fully capture all of the anticipated costs. CONCLUSION This 12-month agreement with Sprint Solutions Inc. is a very cost effective option to address the growing needs of public and staff needs in the City's cellular wireless voice communications. Cc: Jay Covington, CAO Marty Wine, Assistant CAO George McBride, Information Services Division h:\finance\adminsup\02_issuepapers_memos to council or mayor\2009_sprint cellular agreement.doc Contract #: BSGO903-034OR1 Date: May 21, 2009 GOVERNMENT WIRELESS SERVICES AGREEMENT THIS GOVERNMENT WIRELESS SERVICES AGREEMENT is made between Sprint Solutions, Inc., as contracting agent for the affiliated Sprint and slextel entities providing the Products and Services ("Sprint"), and the City of Renton ("Customer"). I. GENERAL. 1.1 Agreement. This Government Wireless Services Agreement, including its pricing attachments, establishes the terms and conditions governing Sprint's provision of the Services priced in this Agreement. This Agreement also incorporates the Sprint Standard Terms and Conditions for Communications Services ("Standard Terms and Conditions") and the Sprint Wireless Services Product Annex ("Product Terms and Conditions") accessible from www.sprint.com/ratesandconditions on the date Customer signs this Agreement. Eligibility. The terms and conditions of this Agreement have been customized for agencies. Sprint defines "government entities and agencies" as those entities that allocation of appropriated public funds and are entitled to exercise sovereigJright circumstances, non -governmental entities may be permitted to purchasegovernmental entities, Sprint may limit the applicability of any contractual privileges. Precedence. Section 5, 6, 7, and 8 of this Agreement take Terms and Conditions or Product Terms and Conditions. t. TERM. This Agreement will be effective for a period of 12 months upon the mutual written agreement of both parties for up to two cor 3. 4. 5. GOVERNMENT DISCOUNT PROGRAM ("GDP"). Effective Date of Discounts. For new "Active Units" Agreement), the discounts below apply as of th mm( and Customer, Sprint will apply the discountso Government Discount. The Government recurring charges ("MRCs") charged for Cu; rei te, and local government entities and r primary funding support through the ileges. Sprint recognizes that under certain Services under this Agreement. For non- cally based on governmental rights and Wthe date of the last party's month narinric iat Customer enrolls in a Business Plan under the Units under pre-existing agreement(s) between Sprint encement Date. a percentage discount off the eligible monthly s before taxes and surcharges and after calculation of all other credits, application and service charges, as well as certain network -specific punts . Service Pricing Discounts may apply to the MRC of certain and subject to promotion -specific restrictions. int account hierarchy are eligible for the GDP. It may take up to 2 invoicing cycle in order to start receiving the Government Discount. non -authorized agencies working with Customer are not eligible for the activation fee of $36 for each Customer account hierarchy consumer subscriber agreement. kND UPGRADE TERMS. New Customer -Liable Active Units are eligible for a minimum 39% discount off the "one year net price less $75.00. The devices offered with this discounted price may change at any time in device offer may not be available in all sales channels. ner-Liable Active Units may be upgraded or replaced after 12 months of continuous service at the in Section 4.1 above. Otherwise, the suggested retail price will apply. INDEMNITY. Customer will hono any indemnity provisions under this Agreement only to the maximum extent permitted by applicable law section of this Agreement is intended to create a waiver of Customer's rights or privileges as a sovereign entity. 6. NON -APPROPRIATION 6.1 Definition and Effect. A "non -appropriation" occurs when Customer is unable to secure or allocate sufficient funds in its operating budget to fulfill its financial obligations under this Agreement. If a nonappropriation occurs during the Term, Customer may terminate this Agreement at the end of the then -current fiscal period ("Termination Date") without incurring any termination liability. Customer will nr` obligated for payments for any fiscal period after the Termination Date. Customer will give Sprint written notice of any termination this section at least 30 days before the Termination Date. At Sprint's request, Customer will promptly provide supplen,_ documentation about the non -appropriation. TEMPLATE #300717v2 Page 1 of 4 TEMPLATE 23-April-2009 a Contract #: BSGO903-034OR1 Date: May 21, 2009% 6.2 Limitations. A. Customer must take all necessary action to budget and secure any funds required to fulfill its contractual obligations for each fiscal year during the Term, including the exhaustion of all available administrative appeals if funding is initially denied. B. If Customer terminates this Agreement under this provision, Customer will not obtain the Services described in this Agreement or functional equivalents from any other provider for a period of 180 days after the Termination Date. This obligation will survive termination of this Agreement for nonappropriation. 7. DAMAGES. This Agreement does not create any obligation by Customer to pay any damages in excess of those amounts legally available to satisfy Customer's obligations under this Agreement. 8. OWNERSHIP AND CONFIDENTIALITY. This Agreement is a copyrighted work authored by Spri may contain Sprint trademarks, trade secrets, and other proprietary information. Sprint acknowledges that this Agreement may be o disclosure in whole or in part under applicable Freedom of Information, Open Records, or Sunshine laws and regulations (colle _ OIA°). Customer will provide Sprint with prompt notice of any intended FOIA disclosures or third party FOIA requests, citations pies of applicable FOIA for review, and an appropriate opportunity to seek protection of its confidential and proprietary information co all applicable laws and regulations. 9. PRICING EXPIRATION. To become effective, this Agreement must be: (a) signed b muthoriz tomer representative; (b) delivered to Sprint on or before July 6, 2009; and (c) signed by a Sprint officer or authorized ign . Upon expi f this Agreement, Sprint may, at its option, continue to provide some or all of the Products and Services on a mo onth basis under s, conditions and pricing in this Agreement, excluding minimum commitments, or, with advance notice, at st st pricing, until either p vides 30 days advance written notice to terminate. CITY OF RENTON By: Authorized Signature Date: Name and Title: _ lolease type or print) ddress: 5n behalf of the applical5lb"Sprint affiliated Products and Services By:XTitle: DRAFT VERSION Authorized Signature Date haela Clairmonte — Manager, Contract lotiations & Management 2001 Edmund Halley Drive Reston, VA 20191 TEMPLATE #300717v2 Page 2 of 4 TEMPLATE 23-April-2009 Contract #: BSG0903-034OR1 Date: May 21, 2009 ATTACHMENT A NEXTEL NATIONAL NETWORK BUSINESS PLANS & POLICIES AND SPRINT PCS SERVICES BUSINESS PLANS & POLICIES 1. PROVISION OF PRODUCTS AND SERVICES 1.1 Any of the following entities may provide the Nextel Services (iDEN) listed in the Agreement, depending on Customer's billing address or the Inr�finn wham fhc Mavfcl Ccrvirac ara arfivnfarl- v Nextel Communications of the Mid -Atlantic, Inc. Nextel of New York, Inc. Nextel South Corp. Nextel West Corp. Nextel Partners of Upstate New York, Inc. Nextel of California, Inc. Nextel of T as, Inc. NPCR, Inc. 1.2 Sprint Spectrum L.P. provides the Sprint Services (U)MA) listed in the Agreement. 2. VOICE AND DATA RATE PLANS. Customer may select from the voice and data rate which Sprint may offer on a limited time basis. 2.1 Customer may select from the voice and data rate plans listed in this Attachment o time basis. Unless otherwise stated in this Attachment, Business Plan pricing in th promotions, including special offers or other discounts. I&, 2.2 Business Essentials® Plan For Nextel Services and MRC MRC Net of 24% Service Pricing Discount Anytime Minutes Anvtime Minutes Overage Unlimited Nights & Weekends (Nights Start at 7 Sprint Mobile -to -Mobile Direct Connect® and Group Connec Anytime Minute Sharing Nationwide Long Distance Caller ID &Voice Mail Roaminq (subscribers of CDMA Services onl .39 NET 400 Unlimi Included Rate for all Direct Connect Minutes E at 9 this Attachment or promotional rate plans plans that Sprint may offer on a limited s gross pricing before the application of 400 1 Busines'SIMgntials Add A Phone Unlimited Unlimited Unlimited Included Included Included Included 0:411 NIOL 300 Text Messages 1000 Text Messages NET $7.00 Unlimited Text Messages NET $15.00 (1) Additional onnect® features, including, but not limited to, TalkGroup, Group Connect and International Direct Connect, area ith certain devices and may be subject to an additional charge. (2) MRCs expresse ET" in the table above are not eligible for Service Pricing Discount. B. Customer may have a maximum of 180 of its Customer -Liable Active Units on the Sprint Services Flat Rate Business Plan and/or the Nextel Services Flat Rate Business Plan (together the "Flat Rate Business Plans"). The Sprint account team will meet with the Customer periodically to verify the number of Customer -Liable Active Units on the Flat Rate Business Plans. If the number of users on this plan exceeds 180 Customer -Liable Active Units, Sprint reserves the right to reject new orders for the Flat Rate Business Plans. 2.4 Sprint Services Flat Rate Business Plan. A. Charges. Sprint will charge Customer an MRC and a flat rate per -minute charge for each minute used on a Corporate -Liable Active Cnr;r.4 14aai..a Th- - nn innh irlarl ninn mini dac MRC 1 $0 Per -Minute Rate for Voice Minutes Used, including Anytime Minutes, Nights & Weekends and Sprint Mobile -to -Mobile $0.06 Direct Connect® and Group Connect $0.06 Roaming outside of Washington and adjacent states $0.25 TEMPLATE #300717v2 Page 3 of 4 TEMPLATE 23-April-2009 Contract #: BSG0903-0340R1 Date: May 21, 2009 M RC $0 Minimum Average Billable Minutes of Use per Corporate -Liable Active Unit 0 Shared Minutes Not Included Caller ID & Voice Mail Included Unlimited Nights & Weekends starting at 9 pm NET $9.99 Unlimited Sprint Mobile -to -Mobile NET $9.99 300 Text Messages NET $3.00 1000 Text Messages NET $7.00 Unlimited Text Messages NET $15.00 tit nirpr4 r.nnnnet and r;rniin Cnnnprt nrp nvAinhlp nn select devices- Additional Nextel Direct Connect® features. including. but not limited to, TeamDC, are available with certain devices and may be subject to an (2) MRCs expressed as "NET" in the table above are not eligible for Service Pricing B. Roaming. Domestic Roaming and Domestic Voice Roaming Long Distance will be cl C. Customer may have a maximum of 180 of its Customer -Liable Active Units on th Nextel Services Flat Rate Business Plan (together the "Flat Rate Business Plan " periodically to verify the number of Customer -Liable Active Units on the Flat exceeds 180 Customer -Liable Active Units, Sprint reserves the right to reject rc 9-5 City of Renton Snrint Services and Nextel Services Custom Plan the per -minute rate stated above. rvices Flat Rate Business Plan and/or the account team will meet with the Customer ns. If the number of users on this plan t Rate Business Plans. -- --- ----------- - MRC $18.25 NET rnment Service Pricing Dis oveill not apply Included Minutes* Included Minutes* Overage $0. Ute Direct Connect@ and Group Connect® NEW A Unli Roaming outside of Washington and adjacent states Subscribers of CDIVI`` ,.::;2. ices q. h .. $0.25/minutes Shared Minutes ML Included Caller ID & Voice Mai Included Services and act Connect@ features, including, but not limited n devices and may be subject to an additional Active Units that are on this plan and on the charged at the per minute rate stated above for Voice Custom BB 1000 PRO Service Pricing Service Pricing Mi. Discount will not Discount apply 11 will notapply_ Dire • _- sect@ and Group Conn • , urrently 'fable for CDMA BlackBerry Devices) Unlimited Unlimited I Unlimited NiaKIMWeekendMartina at 7 DM Unlimited Unlimited Natio6M Long Distance Included Included ming (Not Ava' for iDEN BlackBerry Devices) Included Included D &Voice Mail Included Included (1) Customers use of th arch in Motion Limited ('RIM") BlackBerry service offered by Sprint is subject to acceptance of the RIM terms and conditions en Wed Customer before Customer may download the RIM software. The terms and condition for use of the BlackBerry service are located at http://na.blackberry.com/enci/Iggal/terms.is , and are subject to change without prior notice to Customer. (2) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect@ features, including, but not limited to, TeamDCs"°• Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. Direct Connect and Group Connect are currently unavailable for CDMA BlackBerry Devices. (3) BlackBerry Business Plans can only be activated on a BlackBerry device. (4) The Bundled Voice and Data Plans will share Anytime Minutes with the Sprint Business Essentials plans in section 2.2 for Corporate Liable Active Units that are on the same BAN. 3 ACCESSORY DISCOUNT. The accessory discount of 20% applies to the national retail price for Nextel Device and Sprint Device accessories purchased for Corporate -Liable Active Units under this Agreement. TEMPLATE #300717v2 Page 4 of 4 TEMPLATE 23-April-2009 STANDARD TERMS AND CONDITIONS FOR COMMUNICATIONS SERVICES ("STANDARD TERMS AND CONDITIONS") 1. GENERAL 1.1 Applicability. These Standard Terms and Conditions contain general provisions that apply to all Sprint wireline, professional and wireless retail business Products and Services that Customer purchases. "Agreement" means the written contract signed by Customer for the purchase of Sprint Products and Services, including all attachments, these Standard Terms and Conditions, documents incorporated by reference, and related Order(s). Other capitalized terms are defined in this document or in the applicable Tariffs, Schedules or Product -specific Terms. 1.2 Rates and Conditions Website. Customer's use of Sprint Products or Services is also governed by the applicable Tariffs or Schedules posted at httu://www.sprint.conVratesandconditions (the "Rates and Conditions Website"), and the applicable Product and Service annexes posted on the Rates and Conditions Website. 1.3 Conflicts Provision. If a conflict exists among provisions within the Agreement, specific terms will control over general provisions, and negotiated, added or attached terms, conditions or pricing will control over standardized, posted or non - negotiated terms, conditions and pricing, to the extent permitted by law. 1.4 Resell. Customer acknowledges and agrees that this is a retail purchase agreement for use only by Customer and its other authorized end users as set forth in the Agreement. Customer may not resell or lease wireless Products and Services under the Agreement. Customer may not resell wireline Products and Services unless specifically set forth in a separate Sprint wholesale agreement. 2. TERM. "Term" refers to the contract term defined in the applicable attachment(s). These Standard Terms and Conditions will apply as of the Effective Date of the Agreement and continue to apply until the Agreement expires or terminates. 3. CHARGES 3.1 Orders A. Rates. During the Term, Customer will pay Sprint the rates and charges for Products or Services as set forth in the Agreement. B. Issuance and Acceptance. Only persons authorized by Customer will issue Orders under the Agreement. Sprint may accept an Order by (1) signing and returning a copy of the Order to Customer; (2) delivering any of the Products or Services ordered; (3) informing Customer of the commencement of performance; or (4) returning an acknowledgment of the Order to Customer. C. Cancellation or Rejection. Customer may cancel an Order at any time before Sprint ships the Order or begins performance, but Customer must pay any actual costs incurred by Sprint due to Customer's cancellation. Sprint may reject or cancel an Order for any reason, including Customer's negative payment history with Sprint, failure to meet Sprint's ongoing credit approval, or limited availability of the Product or Service ordered. Sprint will notify Customer of rejected or canceled Orders. D. Customer Purchase Orders. Customer purchase orders are binding only upon acceptance in writing by Sprint. Except in the case of a Special Customer Arrangement Form, the terms and conditions in any Customer -issued purchase order accepted by Sprint will have no force or effect other than to denote quantity, the Products or Services purchased, delivery destinations, requested delivery dates and any other information required by the Agreement. 3.2 Fixed Rates and Percentage Discounts. The rates and discounts identified in the pricing attachments will remain fixed for the Term (unless stated otherwise in the applicable attachment). Rates and charges not fixed in the Agreement will be based on then -current Schedules, Tariffs, or price lists at the time of purchase. If pricing in the Agreement is stated only as a percentage discount off of a Schedule or Tariff rate or list price, the percentage discount is fixed for the Term, but Sprint may modify the underlying rate or list price to which the percentage discount is applied on no less than one day's notice. 3.3 Rate Adjustments. Sprint may impose on Customer additional regulatory fees; administrative charges; and charges, fees or surcharges for the costs Sprint incurs in complying with governmental programs. These fees, charges or surcharges include, but are not limited to, state and federal Carrier Universal Service Charges, Compensation to Payphone Providers, Telephone Relay Service, or Gross Receipts surcharges. The amount of the fees, charges and surcharges imposed may vary. Sprint may impose additional charges or surcharges to recover increased access costs imposed on Sprint as a result of Customer's specific traffic patterns, network configuration or routing protocol. 3.4 Taxes A. Taxes Not Included. Sprint's rates and charges for Products and Services do not include taxes. Customer will pay all taxes, including, but not limited to, sales, use, gross receipts, excise, VAT, property, transaction, or other local, state or national taxes or charges imposed on, or based upon, the provision, sale or use of Products or Services. 358288v4 SPRINT PROPRIETARY INFORMATION Rev 11/02/08 Page of B. Withholding Taxes. Notwithstanding any other provision of the Agreement, if a jurisdiction in which Customer conducts business requires Customer to deduct or withhold separate taxes from any amount due to Sprint, Customer must notify Sprint in writing. Sprint will then increase the gross amount of Customer's invoice so that, after Customer's deduction or withholding for taxes, the net amount paid to Sprint will not be less than the amount Sprint would have received without the required deduction or withholding. C. Exclusions. Customer will not be responsible for payment of: (1) Sprint's direct income taxes and employment taxes; and (2) any other tax to the extent that Customer demonstrates a legitimate exemption under applicable law. 4. BILLING AND PAYMENT 4.1 Invoicing A. Commencement of Invoicing. Sprint may begin invoicing Customer in full for non -recurring and recurring charges on the later of: (1) the date the Products or Services are installed and made available; or (2) the first day of the first bill cycle after the Effective Date. B. Delays. If Sprint cannot install or make available the Product or Service by the delivery date specified in the Order due to a Customer -caused delay, Sprint may bill Customer as of the delivery date specified in the Order or, if no date is specified, any time 30 days or more after the Effective Date. C. Timing. In general, for recurring Services, Sprint bills fixed Service charges in advance and usage -based charges in arrears. 4.2 Payment Terms. Payment terms are net 30 days from the date of invoice receipt. Invoices are deemed to have been received within 5 days of the invoice date. If Customer fails to make such payment within 15 days of receiving Sprint's written notice of nonpayment, Sprint reserves the right to charge a late fee (up to the maximum allowed by law) or take other action to compel payment of past due amounts, including suspension or termination of Services, unless prohibited by an applicable Tariff, state law or regulation. Customer may not offset credits owed to Customer on one account against payments due on the same or another account without Sprint's written consent. Sprint's acceptance of late or partial payments is not a waiver of its right to collect the full amount due. Customer's payment obligations include late charges and third party collection costs incurred by Sprint, including, but not limited to, reasonable attorneys' fees, if Customer fails to cure its breach of these payment terms. 4.3 Disputed Charges. If Customer disputes a charge in good faith, Customer may withhold payment of that charge if Customer (A) makes timely payment of all undisputed charges; and (B) within 30 days of the due date, provides Sprint with a written explanation of Customer's reasons for disputing the charge. Customer must cooperate with Sprint to resolve promptly any disputed charge. If Sprint determines, in good faith, that the disputed charge is valid, Sprint will notify Customer and, within 5 business days of receiving notice, Customer must pay the charge or invoke the dispute resolution process in the Agreement. If Sprint determines, in good faith, that the disputed charge is invalid, Sprint will credit Customer for the invalid charge. 4.4 Repayment of Credits or Waived Charges. If Sprint terminates a Service or the Agreement due to Customer's material breach, or Customer terminates a Service or the Agreement before the end of any applicable Order Term or minimum service term (unless due to Sprint's material breach), Customer will repay Sprint a pro rata portion of any credits issued or charges waived, based upon the number of months remaining in the Order Term or minimum service term at the time of termination. This provision does not apply to service level credits issued for Service outages. 5. CREDIT APPROVAL. Sprint's provision of Products and Services is subject to Sprint's credit approval of Customer. Additionally, if during the Term Customers financial circumstance or payment history becomes reasonably unacceptable to Sprint, then Sprint may require adequate assurance of future payment as a condition of continuing Service. Sprint may provide Customer's payment history or other billing/charge information to any credit reporting agency or industry clearinghouse. 6. WARRANTIES. EXCEPT AS AND ONLY TO THE EXTENT EXPRESSLY PROVIDED IN THE AGREEMENT OR THE APPLICABLE SERVICE LEVEL AGREEMENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." SPRINT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND IN PARTICULAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES RELATED TO EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. 7. EQUIPMENT AND SOFTWARE 7.1 Third -Party Equipment or Software. Customer is responsible for any items not provided by Sprint (including, but not limited to, equipment or software) that impair Product or Service quality. Upon notice from Sprint of an impairment, Customer promptly will cure the problem. Customer will continue to pay Sprint for Products and Services during such impairment or related suspension. If the impairment interferes with the use of Sprint's network by Sprint or third parties, Sprint, in its reasonable discretion, may suspend or disconnect the affected Products and Services without advance notice to Customer, although Sprint will provide advance notice where practical. At Customer's request, Sprint will troubleshoot the impairment at Sprint's then -current time and materials rates. Sprint is not liable if a commercially 358288v4 SPRINT PROPRIETARY INFORMATION Rev 11/02/08 Page 2of8 reasonable change in Products or Services causes equipment or software not provided by Sprint to become obsolete, _ require alteration, or perform at lower levels. 7.2 Software License A. Licensing Requirements. Where software is provided with a Product or Service, Customer is granted a non-exclusive and non -transferable license or sublicense to use the software, including any related documentation, solely to enable Customer to use the Products and Services in accordance with the applicable licensing requirements. Software licensing terms and conditions of Sprint's software vendors are provided by Sprint or posted at www.sprint.com/ratesandconditions or otherwise provided to Customer through click or shrinkwrap agreements. Sprint may suspend, block or terminate Customer's use of any software if Customer fails to comply with any applicable licensing requirement. B. Prohibitions. Customer is not granted any right to use any software on behalf of third parties or for time share or service bureau activities. No rights are granted to source code and Customer agrees not to reverse engineer, decompile, modify or enhance any software. Subject to the terms and conditions in the licensing requirements subsection above, Sprint or its suppliers retain title and property rights to Sprint -provided software. Upon termination or expiration of the Agreement or the applicable Service, any applicable software license will terminate and Customer will surrender and immediately return the Sprint -provided software to Sprint; provided that Customer is not required to return the software embedded in Products sold to Customer under the Agreement. 7.3 Title to Equipment. Sprint or its suppliers retain title and property rights to Sprint -provided equipment (excluding equipment sold to Customer under the Agreement). Upon termination or expiration of the Agreement or the applicable Service, Customer will surrender and immediately return the Sprint -provided equipment (excluding equipment sold to Customer under the Agreement) to Sprint. 8. USE OF NAME, SERVICE MARKS, TRADEMARKS. Neither party will use the name, service marks, trademarks, or carrier identification code of the other party or any of its Affiliates for any purpose without the other party's prior written consent. Notwithstanding the foregoing and subject to Customer's written consent with respect to each use, Sprint may use the Customer's name and contact information as a customer reference and may illustrate in a press release, advertising or written or video testimonial the applications and corresponding business benefit of the solution delivered by Sprint. 9. CUSTOMER RESPONSIBILITIES 9.1 Installation. Customer will reasonably cooperate with Sprint or Sprint's agents to enable Sprint or its agents to install the Products and Services. Customer is responsible for damage to Sprint -owned Products and Services located on Customer premises, excluding reasonable wear and tear or damage caused by Sprint. 9.2 Use of Products and Services A. Acceptable Use Policy. If Customer purchases Products or Services, Customer must conform to the acceptable use policy posted at hftp://www.sprint.corrdle-gailacireement.htmi, as reasonably amended from time to time by Sprint. B. Abuse and Fraud. Customer will not use Products or Services: (1)for fraudulent, unlawful or destructive purposes, including, but not limited to, unauthorized or attempted unauthorized access to, or alteration, abuse or destruction of, information; or (2) in any manner that causes interference with Sprint's or another's use of the Sprint network. Customer will cooperate promptly with Sprint to prevent third parties from gaining unauthorized access to the Products and Services via Customer's facilities. C. Resale. Customer may not resell or lease wireless Products and Services. Customer may not resell wireline Products and Services unless specifically set forth in a separate Sprint wholesale agreement. D. Traffic Pumping/Access Stimulation. If Customer's traffic patterns, routing protocols or network configuration generate access costs to Sprint that meet or exceed the revenues received from Customer, Sprint reserves the right, upon notice to Customer, to immediately suspend or terminate Services to Customer and Customer will be liable for charges incurred prior to termination, including any adjusted access charges. E. Agency Relationship. In countries where Sprint does not hold regulatory authority to provide the Services, Customer appoints Sprint as its agent to obtain, on Customer's behalf from authorized providers, the required services and associated equipment in accordance with the applicable Order. Except to perform its duties in accordance with the applicable Order, Sprint, as Customer's agent pursuant to this section, will not make any representation or incur any liability for Customer. 10. CONFIDENTIAL INFORMATION 10.1 Definitions A. "Confidential Information" means nonpublic information (i) about the Discloser's business, (ii) given to the Recipient in any tangible or intangible form for Recipient's use in connection with the Agreement, and (iii) that the Recipient knows or reasonably should know is confidential because of its legends, markings, the circumstances of the disclosure or the nature of the information. Confidential Information includes, but is not limited to: trade secrets; financial information; 358288v4 SPRINT PROPRIETARY INFORMATION Rev 11/02/08 Paoe 3 of 8 technical information, including research, development, procedures, algorithms, data, designs, and know-how; business information, including operations, planning, marketing plans, and products; and the pricing and terms of the Agreement including related discussions, negotiations and proposals. B. "Discloser" means the party disclosing Confidential Information, and "Recipient" means the party receiving Confidential Information. 10.2 Nondisclosure. Neither party will disclose the other parry's Confidential Information to any third party, except as expressly permitted in the Agreement. This obligation will continue until 2 years after the Agreement terminates or expires. The Recipient may disclose Confidential Information to its Affiliates, agents and consultants with a need to know, if they are not competitors of the Discloser and are subject to a confidentiality agreement at least as protective of the Discloser's rights as this provision. The parties will use Confidential Information only for the purpose of performing under the Agreement or for the provision of other Sprint services. The foregoing restrictions on use and disclosure of Confidential Information do not apply to information that: (A) is in the possession of the Recipient at the time of its disclosure and is not otherwise subject to obligations of confidentiality; (B) is or becomes publicly known, through no wrongful act or omission of the Recipient; (C) is received without restriction from a third party free to disclose it without obligation to the Discloser; (D) is developed independently by the Recipient without reference to the Confidential Information; (E) is required to be disclosed by law, regulation, or court or governmental order; or (F) is disclosed with the prior written consent of the Discloser. 10.3 Injunction. The parties acknowledge that the Recipient's unauthorized disclosure or use of Confidential Information may result in irreparable harm. If there is a breach or threatened breach of the Agreement the Discloser may seek a temporary restraining order and injunction to protect its Confidential Information. This provision does not limit any other remedies available to either party. The party who has breached or threatened to breach its nondisclosure obligations under the Agreement will not raise the defense of an adequate remedy at law. 10.4 Customer Proprietary Network Information. As Sprint provides Products and Services to Customer, Sprint develops information about the quantity, technical configuration, type and destination of Products and Services Customer uses, and other information found on Customer's bill ("CPNI"). Under federal law, Customer has a right, and Sprint has a duty, to protect the confidentiality of CPNI. For example, Sprint implements safeguards that are designed to protect Customer's CPNI, including using authentication procedures when Customer contacts Sprint. For some business accounts with a dedicated Sprint representative, Sprint may replace standard authentication measures with a pre- established point of contact for Customer. 10.5 Privacy. Sprint's privacy policy, as amended from time to time, is available at www.sprint.com/legal/privacy.htmi. The privacy policy includes information about Sprint's customer information practices and applies to the provisioning of the Products and Services. 11. LIMITATIONS OF LIABILITY 11.1 Direct Damages. Each party's maximum liability for damages caused by its failure(s) to perform its obligations under the Agreement is limited to: (A) proven direct damages for claims arising out of personal injury or death, or damage to real or personal property, caused by the party's negligent or willful misconduct; or (B) proven direct damages for all other claims arising out of the Agreement, not to exceed in the aggregate, in any 12 month period, an amount equal to Customer's total net payments for the affected Services purchased in the six months prior to the event giving rise to the claim. Customer's payment obligations, liability for early termination charges, and the parties' indemnification obligations under the Agreement are excluded from this provision. 11.2 Consequential Damages. NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. 11.3 Unauthorized Access/Hacking. Sprint is not responsible for unauthorized third party access to, or alteration, theft or destruction of, Customer's data, programs or other information through accident, wrongful means or any other cause while such information is stored on or transmitted across Sprint network transmission facilities or Customer premise equipment. 11.4 Content. Sprint is not responsible or liable for the content of any information transmitted, accessed or received by Customer through Sprint's provision of the Products and Services, excluding content originating from Sprint. 12. INDEMNIFICATION 12.1 Mutual Indemnification for Personal Injury, Death or Damage to Personal Property. Each party will indemnify and defend the other party, its directors, officers, employees, agents and their successors against all third party claims for damages, losses, liabilities or expenses, including reasonable attorneys' fees, arising directly from the performance of the Agreement and relating to personal injury, death, or damage to tangible personal property that is alleged to have resulted, in whole or in part, from the negligence or willful misconduct of the indemnifying party or its subcontractors, directors, officers, employees or authorized agents. 358288v4 SPRINT PROPRIETARY INFORMATION Rev 11/02/08 Page 4of8 12.2 Customer Indemnification. Customer will indemnify and defend Sprint, Sprint's directors, officers, employees, agents and their successors, against all third party claims for damages, losses, liabilities or expenses, including reasonable attorneys' fees, arising out of: A. Customer's failure to obtain permits, licenses, or consents that Customer is required to obtain to enable Sprint to provide the Products or Services (e.g., landlord permissions or local construction licenses). This provision does not include permits, licenses, or consents related to Sprint's general qualification to conduct business, B. Customer's transmission of, or transmissions by those authorized by Customer to use the Services of, information, data or messages over the Sprint network, including, but not limited to, claims: (A) for libel, slander, invasion of privacy, infringement of copyright, and invasion or alteration of private records or data; (B) for infringement of patents arising from the use of equipment, hardware or software not provided by Sprint; or (C) based on transmission and uploading of information that contains viruses, worms, or other destructive media or other unlawful content; C. Customer's breach of the licensing requirements in the Software License section; D. Customer's failure to comply with any provision of the Use of Products and Services section; or E. Sprint's failure to pay any tax based on Customer's claim of a legitimate exemption under applicable law. 12.3 Sprint Indemnification. Sprint will indemnify and defend Customer, Customer's directors, officers, employees, agents and their successors against third party claims enforceable in the United States alleging that Services as provided infringe, any third party United States patent or copyright or contain misappropriated third party trade secrets. Sprint's obligations under this section will not apply to the extent that the infringement or violation is caused by (i) functional or other specifications that were provided or requested by Customer, or (ii) Customer's continued use of infringing Services after Sprint provides reasonable notice to Customer of the infringement. For any third party claim that Sprint receives, or to minimize the potential for a claim, Sprint may, at its option and expense, either: A. procure the right for Customer to continue using the Services; B. replace or modify the Services with comparable Services; or C. terminate the Services. 12.4 Rights of Indemnified Party. To be indemnified, the party seeking indemnification must (i) give the other party timely written notice of the claim (unless the other party already has notice of the claim), (ii) give the indemnifying party full and complete authority, information and assistance for the claim's defense and settlement, and (iii) not, by any act, admission or acknowledgment, materially prejudice the indemnifying party's ability to satisfactorily defend or settle the claim. The indemnifying party will retain the right, at its option, to settle or defend the claim, at its own expense and with its own counsel. The indemnified party will have the right, at its option, to participate in the settlement or defense of the claim, with its own counsel and at its own expense, but the indemnifying party will retain sole control of the claim's settlement or defense. 12.5 Exclusive Remedies. The provisions of this Indemnification section state the entire liability and obligations of the indemnifying party and any of its Affiliates or licensors, and the exclusive remedy of the indemnified party, with respect to any of the claims identified in this section. 13. TERMINATION 13.1 Sprint Right to Suspend or Terminate A. Sprint may suspend or terminate Products or Services or the Agreement immediately if: (1) Customer fails to cure its default of the payment terms of the Agreement; (2) Customer fails to cure any other material breach of the Agreement within 30 days after receiving Sprint's written notice; (3) Customer provides false or deceptive information or engages in fraudulent or harassing activities when ordering, using or paying for Services; or (4) Customer fails to comply with applicable law or regulation and Customer's noncompliance prevents Sprint's performance under the Agreement. (5) Customer fails to comply with the resell restrictions contained in Section 1.4 "Resell". B. If Sprint terminates the Agreement under this Sprint Right to Suspend or Terminate section, Customer will be liable for any Products and Services provided up to the date of termination, whether or not invoiced by the termination date, as well as any applicable early termination or shortfall liabilities. 13.2 Customer Right to Terminate A. Material Failure. Customer may terminate a Product or Service without early termination liability upon Sprint's receipt of Customer's written notice to terminate after the cure period if: (1) Sprint materially fails to provide the Product or Service, 358288v4 SPRINT PROPRIETARY INFORMATION Rev 11/02/08 Page 5of8 (2) Customer provides Sprint with written notice of the failure and a reasonable opportunity to cure within 30 days from receipt of notice, (3) Sprint fails to cure the material failure within the 30-day cure period, and (4) Customer provides Sprint with written notice of Sprint's failure to cure and Customer's election to terminate the affected Product or Service. Sprint's material failure does not include a failure caused by Customer or a Force Majeure Event. B. Termination for Convenience. Customer may terminate the Agreement during the Term by providing 30 days' written notice to Sprint. In the case of such Termination for Convenience, Customer may be liable for early termination fees as set forth in the Agreement. 13.3 Order Terms for Wireline Products and Services A. Calculation of Early Order Term Termination Liability. Certain wireline Products and Services may be priced based on a minimum Order Term, which may be identified as an "Order Term," "Access Term Plan," or similar language, as listed in the applicable pricing attachment. If Customer terminates an Order in whole or in part, before expiration of the Order Term (unless due to Sprint's material failure), or if Sprint terminates an Order under a termination right provided to Sprint under the Agreement, then Customer will pay the following early termination charges, which represent Sprint's reasonable liquidated damages and not a penalty: (1) Access Orders. A lump sum equal to (a) the applicable monthly charges for any DS3 or greater dedicated access or any level of Ethernet access, multiplied by the number of months remaining in the Order Term, plus (b) a pro rata amount of any waived installation charges, based on the number of months remaining in the applicable minimum Order Term; (2) General Liability. A lump sum equal to (a) the applicable monthly charges for the Service multiplied by the number of months remaining in the first year of the initial term, plus (b) 50% of the applicable monthly charges multiplied by the number of months remaining in the initial term after the first year, plus (c) a pro rata amount of any waived installation charges, based on the number of months remaining in the applicable minimum Order Term, less (d) amounts paid, if any, for early termination of either Ethernet or DS3 or greater bandwidth access under subsection (1) above; and (3) Third Party Liability. Any liabilities imposed on Sprint by third parties, such as a Local Exchange Carrier ("LEC') or PTT, as a result of Customer's early termination. B. Waiver of Order Term Liabilities. Upon prior approval of Sprint, Customer will not be liable for the early termination charges in the Calculation of Early Order Term Termination Liability section above, if Customer orders another Service of the same or greater monthly price with an Order Term no less than the remaining months in the initial Order Term (or one year, whichever is greater) at the same time Customer provides Sprint with the termination notice. Such approval will be in Sprint's reasonable discretion and based upon financial and other business considerations. 13.4 Disconnect Notice. For any disconnect to be effective, Customer must provide required written information through our online form at http://www.sprintbiz.com/forms/disconnect.htmi. Failure to provide required disconnect information may result in Sprint's revocation of connecting facility assignments from Sprint to the LEC and the Customer will be liable for any resulting usage and/or access charges. For Domestic Services, Sprint will have up to 30 days from the date the online form is completed to complete disconnection. For non -Domestic Services, Sprint may require a longer period to complete disconnection, and Customer will be responsible for charges through the last to occur of the 60"' day after Sprint receives the completed disconnect form, or the date Customer stops using the Services. 14. FORCE MAJEURE. Neither party will be responsible for any delay, interruption or other failure to perform under the Agreement due to acts, events or causes beyond the reasonable control of the responsible party (a "Force Majeure Event"). Force Majeure Events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; inability to obtain parts or equipment from third party suppliers; cable cuts by third parties, a LEC's activities, and other acts of third parties; explosions and fires; embargoes, strikes, and labor disputes; court orders and governmental decrees. 15. DEFINITIONS 15.1 "Affiliate" is a legal entity that directly or indirectly controls, is controlled by, or is under common control with the party. An entity is considered to control another entity if it owns, directly or indirectly, more than 50% of the total voting securities or other similar voting rights. 15.2 "Commencement Date" is the first day of the first bill cycle in which Sprint bills monthly recurring charges or usage charges. Unless defined otherwise in the Agreement, the Term begins on the Commencement Date. 15.3 "Domestic" means the 48 contiguous states of the United States and the District of Columbia, unless otherwise defined for a particular Product or Service in the applicable Tariffs, Schedules, or Product -specific Terms. 15.4 "Effective Date" is the date the last party signs the Agreement. 358288v4 SPRINT PROPRIETARY INFORMATION Rev 11/02/08 Page 6of8 15.5 "Order" or "Purchase Order" means a written, electronic or verbal order, or purchase order, submitted or confirmed by Customer and accepted by Sprint, which identifies specific Products and Services, and the quantity ordered. Verbal Orders are deemed confirmed upon Customer's written acknowledgment, or use, of Products or Services. "Order Term" is the term designated for an individual Order. 15.6 "Product(s)" includes equipment, software, hardware, cabling or other materials sold or leased to Customer by or through Sprint as a separate item from, or bundled with, a Service. 15.7 "Product -specific Terms" refers to separate descriptions, terms and conditions for certain non -regulated Products and Services. Product -specific Terms are incorporated into the Agreement as of the Effective Date. Product -specific Terms are not otherwise subject to change during the Term. 15.8 "Schedule(s) " are the terms and conditions governing Sprint's provision of certain intrastate, interstate and international interexchange Services. Schedules are subject to change during the Term under the rules and authority of the Federal Communications Commission ("FCC"). Schedules are posted on the Rates and Conditions Website. 15.9 "Service(s)" means wireline and wireless business communications services, including basic or telecommunications services, information or other enhanced services, and non -regulated professional services provided to Customer by or through Sprint under the Agreement, excluding Products. 15.10 "Tariffs" means the Sprint competitive LEC or intrastate interexchange carrier tariffs on record with the FCC or state regulatory authorities having jurisdiction over those Services. Tariffs are subject to change during the Term under the rules and authority of the relevant regulatory bodies. If, during the Term, Sprint entirely withdraws any Tariff that applies to Services in the Agreement, the Tariff terms and conditions then in effect will continue to apply to the Agreement. Tariffs are posted on the Rates and Conditions Website. 16. MISCELLANEOUS 16.1 Compliance with Law. Each party agrees that it will comply with all applicable laws in performance of its obligations under the Agreement. 16.2 Independent Contractor. Sprint provides Products and Services to Customer as an independent contractor. The Agreement does not create an employer -employee relationship, association, joint venture, partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or Affiliates. 16.3 No Waiver of Rights. The failure to exercise any right under the Agreement does not constitute a waiver of the party's right to exercise that right or any other right in the future. 16.4 No Third Party Beneficiaries. The Agreement's benefits do not extend to any third party. 16.5 Governing Law. The Agreement will be governed by the laws of Kansas, without regard to its choice of law principles. The English version of the Agreement will prevail over any foreign language versions. 16.6 Dispute Resolution A. Jury Trial Waiver. The parties mutually, expressly, irrevocably and unconditionally waive trial by jury and any right to proceed as lead plaintiff, class representative, or other representative capacity for any class action proceedings arising out of or relating to the Agreement or an Order. This subsection survives the termination of the Agreement. B. Arbitration. If the parties mutually agree, any dispute arising out of or relating to the Agreement may be finally settled by arbitration. However, if the jury trial waiver is held to be unenforceable by a court, then arbitration is mandatory. Any arbitration must be held in accordance with the rules of the CPR Institute for Dispute Resolution and governed by the United States Arbitration Act, 9 U.S.C. Sec. 1, et seq. All arbitration proceedings for disputes relating to Domestic Products or Services will be held in the Kansas City, MO metropolitan area. If the dispute relates to Sprint's provision of non -Domestic Products or Services, all arbitration proceedings will be conducted in the English language pursuant to the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of arbitration for disputes related to non -Domestic Products or Services is New York, NY, USA. No arbitration proceeding will include class action arbitration. 16.7 Assignment. Customer may not assign any rights or obligations under the Agreement or any Order without Sprint's prior written consent, except that Customer may assign the Agreement, after 30 days' prior written notice, to an Affiliate or an entity that has purchased all or substantially all of Customer's assets. 16.8 Amendments/Alterations. The Agreement may only be amended in a writing signed by both parties' authorized representatives. Alterations to the Agreement are not valid unless accepted in writing by both parties. 358288v4 SPRINT PROPRIETARY INFORMATION Rev 11/02/08 Paae 7 of 8 16.9 Notice. Notices required under the Agreement must be submitted in writing to the party's address for notice listed in the Agreement or an Order and, in the case of a dispute, notices also must be sent to: Sprint Attn: Vice President Law Dept. -Marketing & Sales KSOPHT0101-Z2525 6391 Sprint Parkway Overland Park, KS 66251-2525 Customer 16.10 Severability. If any provision of the Agreement is found to be unenforceable, the Agreement's unaffected provisions will remain in effect and the parties will negotiate a mutually acceptable replacement provision consistent with the parties' original intent. 16.11 URLs and Successor URLs. References to Uniform Resource Locators (URLs) in the Agreement include any successor URLs designated by Sprint. 16.12 Survivability. The terms and conditions of the Agreement regarding confidentiality, indemnification, warranties, payment, dispute resolution and all others that by their sense and context are intended to survive the expiration of the Agreement will survive. 16.13 Entire Agreement. The Agreement, including all referenced attachments, documents, annexes, Schedules, Tariffs, exhibits, and related Orders, constitutes the entire agreement and understanding between the parties and supersedes all prior or contemporaneous negotiations or agreements, whether oral or written, relating to its subject matter. 358288v4 SPRINT PROPRIETARY INFORMATION Rev 11/02/08 Page 8of8 WIRELESS SERVICES PRODUCT ANNEX The following terms and conditions, together with the applicable Sprint service agreement ("Agreement"), govern Sprint's provision and Customer's use of Sprint wireless Products and Services. Except where noted in this Wireless Services Product Annex ("Annex") or the Agreement, terms and conditions of this Annex apply to wireless Products and Services offered on the Nationwide Sprint Network, the Sprint Mobile Broadband Network, the Nextel National Network, and the Sprint 4G Network. Capitalized terms are defined in the Definitions section at the end of this Annex if not otherwise defined in the Agreement. 1. BUSINESS PLAN FEATURES, POWERSOURCETM DEVICES AND OPTIONS. 1.1 Wireless Voice Features. A. General. Wireless voice Services are provided on the Sprint Networks. Wireless voice service areas and international coverage areas may change and are accessible through www.sprint.com or by contacting Customer's Sprint Account Representative. Wireless voice Services are not available on the Sprint AG Network. B. Shared Minutes. Customer must have a minimum of 2 Corporate -Liable Active Units in a Shared Minute group. All Corporate -Liable Active Units using the Shared Minutes option must subscribe to a Business Plan with Anytime Minutes. Data -only Business Plans are not eligible for the Shared Minutes option. After a Corporate -Liable Active Unit in a Shared Minute group has exhausted all Anytime Minutes in its Business Plan, the Corporate -Liable Active Unit's additional airtime minutes are billed at the overage rate defined in the associated Business Plan. Eligible Business Plans are available by contacting Customer's Sprint Account Representative. C. Sprint@ Mobile -to -Mobile. "Sprint Mobile -to -Mobile" means voice calls from one Active Unit on the Nationwide Sprint,Network or Nextel National Network to another Active Unit on the Nationwide Sprint Network or Nextel National Network. With this feature,. Customer may use an unlimited number of minutes each month to make or receive calls on the Nationwide -Sprint Network or Nextel National Network between Sprint and Nextel phones. Sprint Mobile -to -Mobile calling does not apply to calls to check voicemail, to obtain directory assistance, or placed through indirect calling methods, and is not available when Roaming. D. Additional Lines for Pooling. The Additional Lines for Pooling feature allows Customer to activate a Corporate -Liable Active Unit on a Business Plan with Anytime Minutes and add up to 5 additional Corporate - Liable Active Units (each, a "Secondary Line") to that Business Plan. The Additional Lines for Pooling option is not available with all voice Business Plans. Eligible Business Plans are available by contacting Customer's Sprint Account Representative. 1.2 Wireless Data Features. Sprint provides wireless data solutions and Services over the Nationwide Sprint Network, the Sprint Mobile Broadband Network and the Sprint 4G Network in certain coverage areas. Coverage areas may change and are accessible through www.sprint.com/coverage or by contacting Customer's Sprint Account Representative. When the Sprint Mobile Broadband Network is available and Customer uses a Sprint EVDO- compatible device with a wireless high-speed data Business Plan, Active Units will first attempt to connect to the Sprint Mobile Broadband Network, and then default to the Nationwide Sprint Network depending on coverage and network availability. When the Sprint 4G Network is available and Customer uses a Sprint 4G-compatible device with a Business Plan for Sprint 4G Services, Active Units will first attempt to connect to the Sprint 4G Network, and then default to the Sprint Mobile Broadband Network or Nationwide Sprint Network depending on coverage and network availability. Access to the Sprint Mobile Broadband Network or the Sprint 4G Network may require installation of separate software depending on the Product Wireless high-speed data throughput rates may vary depending on Customer's location at the time of use and other factors. Sprint also offers wireless data: solutions over the Nextel National Network for select Products. 1..3 Nextel Direct Connect@ Features. A. General. Nextel Direct Connect transmissions occur only between Active Units that are each capable of sending and receiving Nextel Direct Connect transmissions. Nextel Direct Connect transmissions do not work simultaneously with a voice call or with active wireless data transmissions from the same Product. Nextel Direct Connect service areas ,and international coverage areas may change and are accessible through www.sprint.com or by contacting Customer's Sprint Account Representative. Nextel Direct Connect Services are not available when Roaming and are not available on the Sprint 4G Network. B. Direct Connect@. All Nextel Direct Connect Products are capable of making nationwide Direct Connect transmissions. If Customer intentionally disables "cross fleet" functionality for Nextel Devices, then Direct Connect service will work only with Customer's own Nextel Devices. C. Group Connect@. Group Connect service requires a group -capable device in order to initiate and receive Group Connect transmissions. A subscriber with a group -capable phone .may create a group with any participant, but only those subscribers with group -capable phones will be pulled into the Group Connect #414231v2 Page 1 of 8 Rev:4/19/09 transmission. Group Connect is limited to 21 total participants (including the originator). Each group must consist entirely of either Nextel Devices or Sprint Devices. D. International Direct Connects"". International Direct Connect is only available for Nextel Devices subscribed to Direct Connect service. International Direct Connect currently includes both the ability to place Nextel Direct Connect transmissions from the United States to users outside the United States and the ability to place and receive Nextel Direct Connect transmissions from outside the United States in select countries. E. Direct Sends"'. Direct Send lets a user send a picture or contact information to another subscriber using the Nextel Direct Connect service. Direct Send is only available on select Nextel Devices. F. NextMail®. NextMail allows a user to use Nextel Direct Connect minutes to record and send voice messages to any e-mail address. NextMail is only available on Nextel Devices. G. TalkgroupsM. Talkgroup members must be from the same calling area and be established on the same fleet. Additionally, group members must be in their home calling area to initiate or receive Talkgroup transmissions. Talkgroup is only available for Nextel Devices and can include up to 200 total users. Emergency TalkgroupsM gives the group coordinator the ability to contact and preempt all other transmissions for group members. H. Priority Connect®. Priority Connect allows users to preempt the use of Nextel National Network. resources when placing and receiving Nextel Direct Connect transmissions. Priority Connect is available only to qualified customers (e.g. emergency "first responders") on specific Business Plans using Nextel Devices. I. Direct TalksM. Certain Nextel Devices are capable of direct two-way., radio transmissions. Direct Talk transmissions do not use the Nextel National Network and require each user to have a Direct Talk -capable Nextel Device using the same radio channel. J. TeamDCsM. TeamDC allows up to 35 nationwide group members (including the group creator), all using Sprint Devices, to participate in a Nextel Direct Connect .group transmission at the same time. The TeamDC Talker Priority feature allows the TeamDC group originator to designate priority for certain group members to interrupt other participants during the group transmission. K. Call Alert. Call Alert allows a Nextel Direct Connect user to send a repeating alert to notify another Nextel Direct Connect user that the user would like to communicate. Users of Sprint Devices may send one of 20 free, pre -written text messages with a Call Alert to provide more detail to the recipient of the Call Alert. L. DC Permissions. DC Permissions allow a Nextel Direct Connect user to block/allow Nextel Direct Connect transmissionsfrom select individuals. DC Permissions also will block Group Connect transmissions if the Group Connect transmission is initiated by a blocked user. DC Permissions will not block Group Connect or TeamDC transmissions that have a blocked party in the group. DC Permissions is only available on Sprint Devices. M. SMS Messaging. Nextel Direct Connect users with Sprint Devices may be prompted to send a text or voice SMS message when a Nextel Direct Connect transmission is blocked (e.g. the other user is out of coverage, has his/her device turned off, or is using other Services). Prompted SMS Messaging is only available for Nextel Direct Connect transmissions between two Sprint Devices when the recipient uses a single number for voice calls and Nextel Direct Connect service. Sprint charges for these SMS messages consistent with Customer's Business Plan. 1.4 PowerSourceTM Devices. PowerSource devices provide .wireless voice and data Services over the Nationwide Sprint Network and Sprint Mobile Broadband Network, and Nextel Direct Connect transmissions over the Nextel National Network. Voice and data service is only available in coverage areas of the Nationwide Sprint Network or Sprint Mobile Broadband Network. Nextel Direct Connect service is only available in coverage areas of the Nextel National Network. Service features, functionality and plans vary by PowerSource device and may not be available in all markets. Active Units upgrading to a PowerSource device may experience changes in service availability, pooling eligibility, billing, surcharges and local calling rates. 1.5 Roaming. Business Plans that include roaming ("Roaming Included Plans") are not available with single -band phones or to users residing outside an area covered by the Nationwide Sprint Network. Sprint may terminate Service to a Corporate -Liable Active Unit if in a given month (1) more than 800 minutes, (2) a majority of minutes, or (3) a majority of data kilobytes are used for Roaming. International calling is not included in Roaming Included Plans. Wireless data Services and certain calling features (voicemail, caller ID, call waiting, etc.) may not be available while Roaming. Roaming areas may change and Roaming may not be available everywhere; visit www.sarintcom/coverage for details. Roaming is not available on the Nextel National Network or on the Sprint 4G Network. 1.6 . - : Modification. Sprint may modify terms and features of a wireless Business Plan with written notice to Customer. #414231v2 Page 2 of 8 Rev.4/19109 2. CHARGES, FEES AND CREDITS. 2.1 Monthly Recurring Charges. Sprint will bill Customer for Wireless Services based on the MRC for the selected Business Plan. Customer will incur overage charges if the minutes or megabytes used exceed the minutes or megabytes allowed under the selected Business Plan. Notwithstanding the foregoing, if Customer purchases Sprint 4G. Services on a non -recurring charge basis (i.e., Customer pays a one time charge for use of Sprint 413 Services for a limited time), Customer will be subject to the terms and conditions provided to Customer at the time of purchase. 2.2 Usage Charges. A. Wireless Voice Usage. (1) General. Outgoing call usage is calculated from the time Customer initiates contact with the Sprint Networks until the connection to the Sprint Networks is broken or dropped, whether or not the actual connection to the intended recipient of the call is successful. There is no call usage for outgoing voice calls that reach a busy signal, a disconnected number or that ring continuously without making connection to the Sprint Networks. Incoming call usage is calculated from the time Customers device connects to the Sprint Networks (which is just before the device starts ringing) until the connection to the Sprint Networks is broken or dropped. There is no call usage for incoming voice calls that Customer does not answer or that enter Customers voicemaii. For each successful call, Customer will be charged a minimum of 1 minute of airtime. After the first minute, airtime charges are rounded -up to the next second or next minute, as specified in the respective Business Plan. On calls that cross time periods (e.g., Anytime Minutes versus Nights and Weekends), minutes are deducted or charged based on the call start time. (2) Long Distance/Special Services. Customer may Incur long distance charges (including international calling) or other charges for calls to 800, 866, 877, 888 and other toll -free numbers on Business Plans that do not include long distance. Customer also may incur charges for special Services such as directory assistance, operator -assisted calls or call -forwarding, depending on Customers Business Plan. (3) Mobile Termination Charges. Sprint may impose on Customer charges or surcharges for terminating a call to other wireless carriers, such as international mobile termination charges. The amount of the charges and surcharges imposed may vary. B. Wireless Data Usage. (1) General. Data usage is calculated from the time Customers device makes contact with the Sprint Networks or Sprint 4G Network until the respective network connection is broken or dropped, whether or not the transmission of data is successful. Data usage may occur on any device capable of data transmission, including handheld devices and devices attached to or embedded in computers and includes sending and receiving e-mail, browsing the Internet, accessing certain Applications, all complete, partial or interrupted uploads or downloads and re -sent data, and unsuccessful attempts to reach websites and other Applications and Services, including those resulting from dropped network connections. Data usage is rounded up to the next whole kilobyte. Rounding occurs at the end of each separate session or each clock hour (at the top of each hour) if the session spans more than 1 clock hour. Rounding of data usage charges occurs at the end of each billing period and the total kilobyte charges are rounded up to the next cent. Customers invoice will not separately identify the number of kilobytes attributable to Customers use of specific sites, sessions or Services used. When traveling within the Sprint Networks, a data session may end when moving between coverage areas and a new data session initiated, although no interruption to the actual data session will occur. When traveling between the Sprint Networks and the Sprint 413 Network, a data session will end and a new data session will be initiated. Circuit -switched, modem -to -modem data calls are treated as voice calls and use Anytime Minutes on the associated Business Plan (or are billed at casual voice rates) in lieu of using kilobytes for data usage. Circuit - switched, modem -to -modem data calls are not available on the Sprint 413 Network. (2) Text and Numeric Messaging. Unless Customer has purchased a quantity of messages at a fixed MRC, text and numeric messaging are charged on a per message basis. Sprint will charge Customer the per message `rate for each message that exceeds Customers purchased quantity. Text and numeric messaging are not available on the Sprint 4G Network. (3) Premium Services Charges. Access to, and downloading of, Premium Services is not included in the pricing in the Agreement. Charges for Premium Services will be specified at the time of access or will be available at www.spdnt.com. Data usage charges also apply to, and are separate from, charges for Premium Services. Even if Customers Business Plan includes unlimited megabytes of data, Customer must still pay all charges associated with access or use of Premium Services. Customer may block Corporate -Liable Active Units from, or otherwise disable them from using, Premium Services provided by third -party content providers. #414231 v2 Page 3 of 8 Rev. 4/19/09. C. Nextel Direct Connect Usage. (1) Nextel Direct Connect Transmissions. (a) A Nextel Direct Connect transmission begins approximately when Customer presses the button to initiate a transmission and ends approximately 6 seconds after completion of a communication (i.e., when Customer or another participant releases the button) to which no participant responds within 6 seconds. If a participant responds within 6 seconds, the response is calculated as part of the initial transmission. Customer initiates a new transmission if Customer responds more than 6 seconds after another participant completes a communication. Airtime charges apply for the entire period of time the transmission is connected to the Sprint Networks. Sprint will charge a minimum of 6 seconds for all Nextel Direct Connect transmissions. After 6 seconds, Nextel Direct Connect airtime on a Nextel Device is rounded up to the next second for each transmission. (b) Airtime charges for Nextel Direct Connect transmissions are charged to the party that initiates the transmission and are calculated by multiplying the duration of the transmission (as calculated above) by the applicable rate and the number of participants. (c) For Nextel Devices, Direct Connect, International Direct Connect, Group Connect, Talkgroup, NextMail, and Direct Send minutes of use are deducted from the Direct Connect minutes included in Customer's Business Plan and will also incur separate surcharges if the add -on is not included in Customer's Business Plan. Customer will incur overage charges if the minutes used exceed the minutes allowed under the Business Plan. (2) Nextel Direct Connect Call Alert Transmissions. Sprint does not charge for sending or receiving Call Alerts. A user will initiate a new push -to -talk transmission by responding to a Call Alert, even if responding within 6 seconds of receiving the alert. D. Roaming Charges. Voice calls made while off the Nationwide Sprint Network incur separate Roaming charges in addition to minutes of usage, unless Roaming is included in Customer's Sprint Business Plan. Domestic Roaming voice rates may be set out in Customer's pricing attachment. Domestic Roaming for data is included in -Sprint Business Plans. Intemational Roaming rates for voice and data will vary and are accessible through www.sprint.comfintemational or by contacting Customer's Sprint Account Representative. There may be delays in invoicing Roaming charges due to the practices of the Roaming service provider. 2.3 Upgrade Charges. If Customer changes an Active Unit device to another device using Wireless Services, Sprint may charge Customer an upgrade charge per Active Unit changed. 2.4 Reactivation Fee. If Sprint terminates Service to a Corporate -Liable Active Unit as permitted under the Agreement or requested by Customer, Sprint may require payment of any outstanding account balance before Sprint reactivates Service to the affected Active Unit and Sprint may charge Customer a reactivation charge. 2.5 Credits for Redialed Calls. Sprint will provide Customer with an airtime credit of at least 1 minute for a call on a Corporate -Liable Active Unit that is: (a) placed while in an area covered by the Sprint Networks, (b) disconnected due to limitations of the Sprint Networks, and (c) redialed within 1 minute of disconnection. Customer must contact Sprint Customer Care within 24 hours of the disconnection and request credit for the call. 3. BILLING AND AFFILIATES. 3.1 Invoicing. Unused Business Plan minutes and megabytes do not cant' forward. In certain instances (e.g., Roaming charges), Sprint may invoice Customer for usage that occurred during a prior invoicing cycle, if not previously invoiced to Customer. When Sprint invoices for usage incurred during a prior invoicing cycle, those minutes count against minutes in the current invoicing cycle. Wireless Services billed according to a monthly flat rate may not include itemization. Sprint may bill Customer on behalf of third party providers of Applications that Customer accesses through wireless Products. Customer is responsible for all charges for wireless Products and Services associated with each Corporate -Liable Active Unit. For single payments to be applied across multiple account numbers, Customer must identify with its payment the specific amounts paid for each account number. 3.2 Account Changes. Customer -requested changes to Business Plans or Wireless Service options may not be effective until the following bill cycle. For Customer -initiated Wireless Service cancellations, Sprint will bill Customer for the entire month in which Wireless Service was cancelled. When Customer changes Business Plans during a .bill cycle, minutes and megabytes will be charged under the Business Plan in effect at the time the usage was incurred. 3.3 Customer Affiliates. If Sprint and Customer agree to permit Customer's Affiliates to purchase wireless Products and Services under the Agreement, Customer will be responsible, financially and otherwise, for the Affiliate's purchases, unless the Agreement says otherwise. #414231 v2 Page 4 of 8 Rev. 4/19/09 4. PROVISIONING AND RETURNS. 4.1 Shipping. Sprint will ship wireless Products to the delivery location specified in Customer's Order. Risk of loss to the wireless Products passes to Customer upon the Products' arrival at the delivery location. Sprint may charge a shipping fee to Customer based on the number and type of wireless Products and the shipping method used. Title to the wireless Products will pass to Customer upon Sprints receipt of payment in full for the Products. 4.2 Nonconforming Products. Customer must return nonconforming wireless Products within 30 days of receipt or Customer will be deemed to have accepted the Products. Customer may reject wireless Products or shipments that are visibly damaged or defective. Sprint will pay all reasonable ground transportation freight charges associated with returns under this Nonconforming Products Section. 4.3 Returns. New and undamaged wireless Products may be returned to Sprint at Customer's expense within 30 days after the date the Product is activated or, if the Product has not been activated, within 30 days after the date the Product is purchased. Customer is allowed one discretionary exchange or return for each new Product purchased; provided that Customer may not use the one discretionary exchange to change the color of a Product if the Product has been activated. Within 30 days of activation, Customer must: (A) contact its Sprint Account Representative or call Sprint Sales Support at 866-789-8292 for return instructions; (B) return the complete, undamaged Product, including all accessories, hardware, materials and package inserts that came with the wireless Product in the original Product packaging, with the original proof of purchase to the location provided by Customer's Sprint Account Representative or Sprint Sales Support; and (C) if Customer wishes to discontinue Service for the Product, request that Sprint deactivate Service. Sprint may change the return policy from time to time without notice. Upon Sprint's receipt of the returned wireless Product, Sprint will credit Customer's account for a full refund of the original Product purchase price and activation fee (excluding actual usage charges, and related taxes, fees and surcharges). If Customer purchased a Product through a Sprint authorized dealer, additional dealer fees may apply. 5. INSURANCE. Customer may purchase insurance to protect against loss, theft or damage involving Customer's wireless Products. Coverage may not be available for all wireless Products and may involve a per claim deductible. Enhanced warranty coverage is available on some wireless Products. Insurance is provided by third party insurers and not by Sprint. If Customer selects coverage, Sprint will charge Customer a monthly premium per covered wireless Product, and Sprint will remit the premiums to the third party insurer on Customer's behalf. Insurance is not subject to any discounts. Claims must be submitted directly to the third party insurer. Terms of insurance coverage are available at the point of sale or in subsequent communications. 6. WIRELESS PRODUCTS AND SERVICES POLICIES. 6.1 Lost or Stolen Wireless Product Policy. if Customer's wireless Product is lost or stolen, Customer must notify Sprint Customer Care promptly to deactivate the Product. Customer is responsible for all Wireless Service charges associated with the Product before Customer notifies Sprint of the loss or theft. Sprint may require that Customer provide evidence of the loss or theft (e.g., a police report or affidavit). If the wireless Product is later found, Sprint may require Customer to exchange the wireless Product for another wireless Product before reactivating Wireless Service and, in such cases, Sprint will provide a replacement wireless Product of similar quality at Sprint's expense. 6.2 Fraud Policy. Customer will notify Sprints Customer Care department immediately of any suspected fraudulent use of wireless Products or Services. Customer will cooperate with Sprint in the investigation of the incident. Sprint will attempt to contact Customer before interrupting Wireless Services in the case of suspected fraud. 6.3 Location Based Services. If Customer downloads or accesses Location Based Services through Sprint wireless Products and Services, Customer agrees that the Location Based Service provider may access, use and disclose as necessary the geographic location of Customer's Product(s) pursuant to the terms of the Location Based Service purchased by Customer. Customer must clearly, conspicuously and regularly notify all of its Employees using Corporate -Liable Active Units upon which Customer has enabled Location Based Services that end -user location information may be accessed, used or disclosed in connection with the Location Based Service. CUSTOMER WILL INDEMNIFY AND DEFEND SPRINT AGAINST ANY AND ALL THIRD PARTY CLAIMS, LOSSES, EXPENSES, DEMANDS, ACTIONS OR CAUSES OF ACTION ARISING OUT OF CUSTOMER'S USE OF LOCATION BASED SERVICES AND CUSTOMER'S FAILURE TO NOTIFY CORPORATE -LIABLE USERS OF CUSTOMER'S ELECTION TO USE ANY LOCATION BASED SERVICE OR LOCATION INFORMATION ON CORPORATE -LIABLE ACTIVE UNITS. Location Based Services are not available on the Sprint 4G Network. 6.4 Premium Services Policies. In certain instances, subject to the terms of the content purchased, Sprint may delete Premium and non -Premium items downloaded to storage areas controlled by Sprint, including any pictures, games and other content. Sprint may impose a dollar or other limit on Customer's use of Premium Services in a specific timeframe (month, week, day, or other time period) based on Customer's credit. #414231 v2 Page 6 of 8 Rev. 4/19/09 7. WIRELESS SERVICE LIMITATIONS. 7.1 Telephone Numbers and Portability. Sprint may change the telephone number assigned to each Corporate - Liable Active Unit with reasonable prior. notice for commercial reasons, such as fraud prevention, regulatory requirements and area code changes. Customer does not have any right of possession or title to any number, e- mail address or other identifier Sprint may assign to Customer's wireless Products or accounts. Customer may not modify, change or transfer any of these identifiers except as Sprint allows or as allowed for by law. Sprint will comply with any FCC -issued regulations that require Sprint to allow Customer to "port" or transfer its assigned telephone numbers upon switching wireless service to another carrier. Before a telephone number previously used with another carrier can be used on the Sprint Networks, Customer must provide information about the account with the other carrier, such as the account number, social security number or tax identification number, telephone number, 5 digit zip code and password, if applicable, and purchase wireless Products from Sprint. Until the port from the previous carrier is successful, the Sprint wireless Product will only be able to call 911 and Sprint Customer Care. Once the port is completed, Customer's old device will no longer work. However, due to system limitations and issues outside Sprint's control, some requests to port a telephone number from another carrier to Sprint, or from Sprint to another carrier, may not be successful. If a transfer to Sprint is not successful, Customer may return any Sprint wireless Products within the return period to receive a credit, and Customer will lose or repay to Sprint any discounts or service credits provided with a returned Sprint wireless Product or cancelled Nextel Service or Sprint Service. If Customer transfers a number to another carrier before the end of any minimum term commitment, Customer may be subject to early termination fees. 7.2 TTY Access. TTY-capable wireless Products (also known as TDD or Text Telephone) may not function effectively when attempting 911 calls due to the limitations of the answering agency. A TTY-capable wireless device should not be relied on for 911 calls. 7.3 Pay -Per -Call Services. Sprint will not complete calls from any wireless Product to 900, 976 and similar numbers for pay -per -call services. 7.4 International Call Blocking. Sprint will block international calling capability unless Customer expressly requests such capability for a Corporate -Liable Active Unit. 7.5 Caller ID. Caller identification information may not be available for all incoming calls. 7X 911 or Other Emergency Calls. For 911 calls, an emergency responder's ability to locate Customer through wireless Products and Services may be affected by various factors, including but not limited to, the type of wireless Product used, lack of a GPS-enabled device, geography or other factors such as the porting process. In some areas and depending on the equipment deployed by the local public safety answering point ("PSAP"), 911 calls may be routed to a state patrol dispatcher instead of the local PSAP. Sprint is not liable for failures or delays in connecting to the appropriate emergency services provider. Enhanced 911 ("E911 ") service that is compatible with FCC technical requirements is not available in all areas due to PSAP equipment capabilities. Customer consents to Sprints disclosure of Customer information to governmental and public safety authorities in response to emergencies. This information may include, but is not limited to, Customer's name, address, number, and the location of the user of the Service at the time of call. 7.7 Use of Sprint Wireless Data Services. For devices that allow multiple users to share one connection and . subscription, the wireless performance may degrade as more users are added to the single device. Use of Sprint wireless data Services is subject to any -storage, memory or other Product limitation. Network speeds (including, but not limited to, data delivery and latency rates) are estimates based on averages. Actual performance may vary, and no minimum speed is guaranteed. Wireless data Services may not be available when Roaming and are not currently available in certain portions of select market areas within the Sprint Networks. Customer acknowledges that use of certain wireless data Services, including some messaging services, may result in the disclosure to third parties of the user's email address and other information in connection with the user's Internet usage. As a result, Customer may receive advertising, warnings, alerts and other messages, including broadcast messages. Sprint reserves the right to limit or suspend any heavy, continuous data usage that is adversely impacting performance of the Sprint Networks or Sprint 4G Network, or hindering access to the Sprint Networks or Sprint 4G Network. Unless otherwise stated, Sprint reserves the right to limit throughput speeds or the amount of data transferred, and deny, terminate, disconnect or suspend wireless data Service, for Customer's mobile broadband cards, USB modems, embedded modems, or phones subscribed to a phone as modem Business Plan, with data usage exceeding 5 GB/month in total, or 300 MB/month while Roaming. 7.8 Compatibility of Wireless Products and Services. Wireless Products may not be compatible with services provided by other wireless carriers, except for services provided over Sprint Service Provider Affiliate networks or in connection with Roaming agreements. Sprint phones have a software programming lock that protects certain of the handset's operating parameters against unauthorized reprogramming. Information and eligibility requirements for obtaining the software program lock code for Customer's Sprint phones are available at www.spdnt.com or by calling 14W8-211-4727. Sprint does not guarantee current or future compatibility of wireless Products or Services with third party products or Applications. Apparent compatibility or notice from Sprint of compatibility is not a Sprint endorsement of a third party product or Application. Unless otherwise stated in the Agreement, Sprint may, in its #414231 v2 Page 6 of 8 Rev. 4/19/09 sole discretion and at any time, disable or discontinue use of any third party product or Application with the wireless Products or Services. " 8. LIMITATION OF LIABILITY FOR WIRELESS SERVICE PROBLEMS AND PRODUCT FAILURES. 8.1 Conditions Affecting Wireless Service. Sprint is not liable for (a) coverage and Wireless Service quality problems caused by atmospheric, geographic or topographic conditions or other conditions beyond Sprint's control including the failure of other service 1 providers; (b) interruption and unavailability of Wireless Services due to coverage, capacity, Product failure or other limitations that may occur in the transmission or attempted transmission of Wireless Services; or (c) outages or Wireless Service disruptions occurring as a result of a public safety emergency. 8.2 Wireless Service Outages and Product Failures. Notwithstanding anything to the contraryin the Agreement, Sprint's maximum liability for any loss or damage arising out of a Wireless Service outage or wireless Product failure is limited to: (a) a prorated portion of the applicable MRC based on the time period Wireless Services are not available, and (b) a refund of the net purchase price of affected wireless. Products. 9. DEFINITIONS. ,9.1 "Active Unit" or "Line" means an active piece of wireless Product. 9.2 "Anytime Minutes" means the voice minutes of use that are available in a Business Plan that may be used at anytime other than during Nights and Weekends. 9.3 "Applications" include email, and data, information and other wireless Internet services. 9.4 "Business Plans" means Sprint and Nextel wireless service plans for business customers. Certain Business Plan options are priced in the Agreement or Customer may select from any other available Business Plans, subject to the terms and pricing of that Business Plan. 9.5 "Corporate -Liable Active Unit" or "Customer Line" means an Active Unit (a) activated by Customer for Customer's end use,. (b) enrolled in a Business Plan, and (c) for which Customer is financially liable. 9.6 "Domestic Roaming" means Roaming on networks within the United States, Puerto Rico and U.S. Virgin Islands where Sprint has a roaming relationship with the carrier. 9.7 "Employee" means a person in the service of Customer and from whom Customer withholds FICA (Federal Insurance Contributions Act) contributions from such person's gross pay. 9.8 "Individual -Liable Active Unit" or "Employee Line" means an Active Unit activated by an Employee and for which the Employee is financially responsible. 9.9 "Location Based Service" means any Service or Application that uses, accesses, tracks or discloses the location of an Active Unit. 9.10 "MRC" means monthly recurring charge. 9.11 "Nationwide Sprint Network" means the Sprint -owned or controlled CDMA/lxrtt wireless network, including network owned or controlled by Sprint Service Provider Affiliates, used by Sprint to provide Sprint Services. 9.12 "Nextel Device" means a Product that uses the Nextel National Network for Nextel Direct Connect service, including a PowerSource device. 9.13 "Nextel National Network" means the Sprint -owned or controlled iDEN wireless network, including network owned or controlled by Nextel affiliates or partners, used by Sprint to provide Nextel Services. 9.14 "Nextel Services" means wireless Services provided by Sprint on the Nextel National Network using iDEN technology. 9.15 "Nights and Weekends" means Monday through Thursday 9:00 p.m. to 7:00 a.m. and Friday 9:00 p.m. to Monday 7:00 a.m., unless either the Nights and Weekends at 6pm option or Nights and Weekends at 7pm option is selected. "Nights and Weekends at 6pm" means Monday through Thursday 6:00 p.m. to 7:00 a.m. and Friday 6:00 p.m. to Monday 7:00 a.m. "Nights and Weekends at 7pm" means Monday through Thursday 7:00 p.m. to 7:00 a.m. and Friday 7:00 p.m. to Monday 7:00 a.m. The time used to determine Nights and Weekends eligibility is the local time where the wireless Product is located when an inbound or outbound call originates. 9.16 "Premium Services" means downloads and Applications, such as games, ringers and screen savers, available through wireless data Services that are above and beyond basic data usage. 9.17 "Roaming" means voice or data service provided on another wireless carrier's network through agreements established by Sprint. 9.18 "Sprint 413 Network" means the wideband OFDM technology, including WiMax, that Sprint owns or resells, including network components owned or controlled by Sprint Affiliates or partners. #414231v2 Page 7 of 8 Rev.4N9/09 9.19 "Sprint 4G Services" means functionality provided by Sprint that either provides data transport on the Sprint 4G Network or allows for the use of Applications related to the .Sprint 4G Network. 9.20 "Sprint Device" means a Product that uses the Sprint Mobile Broadband Network for Nextel Direct Connect service. 9.21 `:`Sprint Mobile Broadband Network" means .the Sprint -owned or controlled CDMA/EV-DO wireless network, including network owned or controlled by Sprint Service Provider Affiliates, used by Sprint to provide Sprint Services. 9.22 "Sprint Networks" includes the Nationwide Sprint Network, the Sprint Mobile Broadband Network, and the Nextel National Network. 9.23 "Sprint Service Provider Affiliate" means an entity that has entered into an arrangement. with Sprint to construct wireless network coverage, perform operational functions in defined, geographic areas, and provide mobile wireless telecommunications products and services under the `Sprint" service marks or any other service marks subsequently used by Sprint. "Sprint Service Provider Affiliate Market" means the regions of the United States covered by Sprint Service Provider Affiliates. 9.24 "Sprint Services" means wireless Services provided by Sprint and authorized Sprint Service Provider Affiliates on the Nationwide Sprint Network or Sprint Mobile Broadband Network using CDMA technology. 9.25 "Wireless Services" includes Nextel Services, Sprint Services and Sprint 4G Services. Submitting Data Dept/Div/Board Staff Contact...., CITY OF RENTON COUNCIL AGENDA BILL AI #: Chief Milosevich Police Sergeant Mark Day Subject: Edward Byrne Memorial Justice Assistance Grant to fund the Domestic Violence Advocacy Assistance Program Exhibits: (1) Issue Paper (2) Copy of 2009 Justice Assistance Grant Application Recommended Action: Council concur For Agenda of. June 15, 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... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $40,096 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City of Renton Police Department is applying for the Edward Byrne Memorial Justice Assistance Grant to help fund our Domestic Violence Advocacy Assistance Program. There is $40,096 in funding available. The grant requires no contributing funds for eligibility. The duration of the grant is for four years from approval by the Office of Justice Programs, although the funds are available for the application year. It does require that the application, in its entirety, be made available to the Mayor, City Council, and public for a minimum of 30 days prior to submission for the purpose of allowing comment. The application will be published on the City website and copies will be available in the City Clerk's Office and the Police Department for public review and comment. Once the Department of Justice receives our application and proof of compliance with the 30 days' notice requirement, it will determine whether to approve our application and notify the city accordingly. Once approved by the Dept. of Justice, the city needs to formally accept the Grant. STAFF RECOMMENDATION: // 94 (1) Mayor and Council review and comment on the application. (2) Publish the application on the City Website for public disclosure and review. (3) Place copies of the application in the City Clerk's Office and the Police Department for public disclosure and review. (4) Authorize the submission of the Grant Application to the Department of Justice and authorize the city's acceptance of the Grant funding once approved by the Department of Justice. Rentonnet/agnbill/ bh POLICE DEPARTMENT D o City of M E M O R A N D U M DATE: June 3, 2009 TO: Council President Randy Corman Members of the Renton City Council VIA: J_ Mayor Denis Law FROM: �tf Kevin Milosevich, Chief of Police (XT 7503)�A STAFF CONTACT: Sergeant Mark Day, Investigations Division (XT 7577) SUBJECT: Issue Paper — Edward Byrne Memorial Justice Grant ISSUE: The Police Department is currently applying for the Edward Byrne Memorial Justice Assistance Grant Local Solicitation. The Grant has $40,096 available to be used to assist in funding the Department's Domestic Violence Advocacy Assistance Program. The grant requires no matching or contributing funds from the City and extends over a four-year period. It does require that the completed application be available to the Mayor and Council for review and comment for a 30-day period prior to submitting it for approval to the Office of Justice Programs and the Bureau of Justice Assistance Office. The grant requires that the application also be made available to the general public for review and comment during that same 30 day period BACKGROUND: The Police Department has applied for and received funding for its advocacy program through the Local Justice Assistance Grant Programs for the past 7 years, 2002 through 2008. The support received has provided a vital source of funding for this very important program. RECOMMENDATION: (1) Mayor and Council review and comment on the application. (2) Publish the application on the City Website for public disclosure and review. (3) Place copies of the application in the City Clerk's Office and the Police Department for public disclosure and review. (4) Authorize the submission of the Grant Application to the Department of Justice and authorize the city's acceptance of the Grant funding once approved by the Department of Justice. Sherry L Smith From: Zanetta Fontes Sent: Wednesday, June 03, 2009 14:25 To: Sherry L Smith; Mark Day Cc: Jay B Covington; Kevin Milosevich; Larry Warren Subject: RE: Edward Byrne Memorial Grant Sherry: The Grant document is approved as to legal form. Zanetta From: Sherry L Smith Sent: Wednesday, June 03, 2009 1:47 PM To: Zanetta Fontes Subject: RE: Edward Byrne Memorial Grant Okay, I'm attaching the agenda bill, and the grant application, and the issue paper. Keep in mind we've been applying for this grant and received it for several years. If you could return an email approving as to form, then I'll get it upstairs. Thanks a bunch. From: Zanetta Fontes Sent: Wednesday, 'June 03, 2009 13:40 To: Sherry L Smith Subject: RE: Edward Byrne Memorial Grant sure. Send it on. ZF From: Sherry L Smith Sent: Wednesday, June 03, 2009 8:14 AM To: Zanetta Fontes Subject: Edward Byrne Memorial Grant Zanetta, I'd like this agenda bill to go to the agenda bill meeting Tuesday, June 9th and to council on June 15th - but I guess it needs your blessing since the grant is for $40,000. Can I send it to you by email? 1 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page 1 of 1 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation 2009-o8670-wA-oJ Application Correspondence. Switch to ... Application Handbook Gverview. Appl_ica_nt Information Project__Info_rmaton Budget and ,Program, Atta.c.hm_ents. Assurances an_d.. Certifications. Review SF 424 Submit Application HelpZFre uently Asked Qu_esti_o_ns GMS Home L.og Off Overview This handbook allows you to complete the application process for applying to the BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation. At the end of the application process you will have the opportunity to view and print the SF-424 form. *Type of Submission 0 Application C Preapplication Construction Construction (4) Application Non- O Preapplication Non - Construction Construction Type of Application New IfpReo vision,select appropriate Type Of ReVISIOn 4 If Other, specify *Is application subject to review by 0 Yes This preapplication/application was made available to state executive order 12372 process? the state executive order 12372 process for review on t?t No Program is not covered by E.O. 12372 0 N/A Program has not been selected by state for review Save and Continue https://grants. ojp.usdoj .gov/gmsextemal/application. do?aspect=Application&applicationID... 6/3/2009 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page 1 of 2 tr BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation 2009-G8670-WA-DJ� a Application Correspondence Switch to ... f Application Handbook Overview A.p.p I_i_c.a..._nt. Information Proje.ct..._Inform _aton. Budget and P ro.g_na m Attachments Ass_u_.ra_.n..ces._a. n_d. Certifications Re -view -SF 42.....4... Submit Application Help/Frequently .A.s_k e d._...Q u. e s t i o_n s GMS Home Lo_g._._0_ff Applicant Information Verify that the following information filled is correct and fill out any missing information. To save changes, click on the "Save and Continue" button. *Is the applicant delinquent on any federal debt 1, /'"'y j Yes @) No *Employer Identification Number (EIN) 91 - 6001271 ......... *Type of Applicant Municipal m Type of Applicant (Other): *Organizational Unit Police Department *Legal Name (Legal Jurisdiction Name) City of Rento1. n - - - - *Vendor Address 1 ........... 1055 So. Grady Way . . ......................... . Vendor Address 2 ......... *Vendor City Renton Vendor County/Parish King *Vendor State Washington i *Vendor ZIP 98057 - 3232 Need help for ZIP+4? Please provide contact information for matters involving this application *Contact Prefix: Ms. Contact Prefix (Other): ......... *Contact First Name: Tina ................. Contact Middle Initial: *Contact Last Name: Harris ........................... Contact Suffix: .._... _.... _..... _... Select a Suffix Contact Suffix (Other) *Contact Title: Director *Contact Address Line 1: 1055 So. Grady Way https://grants.ojp.usdoj.gov/gmsextemal/applicantlnformation.do 6/3/2009 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page 2 of 2 Contact Address Line 2: *Contact City Renton Contact County: King ._._...._......... ............ *Contact State: Washington *Contact Zip Code: 98057 - 3232 1 Need help for ZIP+4? *Contact Phone Number: ......... ........, ................... 425 i430 6654 Ext Contact Fax Number: 425 430 7505 *Contact E-mail Address: tharris@ci.renton.wa us Save and Continue https:Hgrants.ojp.usdoj.gov/gmsextemal/applicantlnformation.do 6/3/2009 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page I of 1 N0 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation 2009-G8670-WA-DJ Application Correspondence. Switch to ... Application Handbook Overview APPI[ca n't Information Project .l nf-o r-m-a-t-i-o-n- Budget and Program Atta-ch-ment.s. Assurances and Certifications Review S.E, 424 Submit Application Help/Frequently Asked Qqestiofl.5 GMS Home Log..._Off. Project Information *Descriptive Title of Applicant's Project 'Domestic Violence Victim Advocacy Program . ....... . . ... . .. ........ .... .... ... ....... *Areas Affected by Project City of Renton, Washington, King County, Serving the !citizens within the Renton City limits. . ......... ............. I . ...... . ..... .............. ................... ............ Proposed Project *Start Date October "I01 2008" *End Date September,' 30 2012 *Congressional Districts of ..... 'Congressional District 01, WA Project Congressional District 02, WA Congressional District 03, WA Congressional District 04, WA ..... ........ . - . *Estimated Funding Federal $ i40096 .00 Applicant $io ....... ... ....... 00 State 10 $ .00 Local $: 0 ...... .. ... .00 Other $:0 .00 Program Income $ 1 0 .00 TOTAL 4009.6...................... - .00 Save and Continue. https://grants.ojp.usdoj.gov/gmsextemal/projectInformation.do 6/3/2009 ♦ BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page 1 of 1 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation 2009-c8670-wA-oJ , Ap.plicati_on Correspondence Switch to ... Application Handbook Overview .............. _ ... _ ............................. App(ca_nt. Information Project._..Info_rmation. Budget and P.r...o...g_ra, m. Mta_ch_ments. ASsu_ra n Ces. a n d. Certifications .._.........................................._.............._._.. Review SF 424 Submit Application Help/Frequently Asked, . Questions GMS Home Log.. Off Budget and Program Attachments This form allows you to upload the Budget Detail Worksheet, Program Narrative and other Program attachments. Click the Attach button to continue. Review.._, N,...a.rrati_.v..e.-09_b.doc. Delete Abstract 09b.doc Delete Budget Narrative-09b.doc Delete P...ro.gra_m....N_a_r.r...at ve.-.. 9_b..._d_oc De18te 2003. Rep.o...rt Pictu..reslb.doc Delete Resource Guide 09.doc Delete 2.008._._Pro.g ram.,_Report.. 9...d.o...c Delete Me_m o..__F..o rm._G ra, nt.d_oc. Delete Click on the Attach Button to upload an attachment Attach fContinue Your files have been successfully attached, but the application has not been submitted to OIP. Please continue with your application. https://grants.ojp.usdoj.gov/gmsextemalibudget.do 6/3/2009 POLICE DEPARTMENT D e 0tyof M E M O R A N D U M DATE: June 3,2009 TO: Grant Review Board FROM: Sgt. Mark Day SUBJECT: Application Attachments Review Board Members, attached as supporting documents, are the Abstract, Review, Budget and Program narratives for this grant. Also included are the Program Report from last year (2008), pictures of sponsored events by our Advocate Program, and face sheets from the informational pamphlets provided to officers to give to victims of domestic violence. I hope they are helpful in your decision making process. Thank you! Sgt. Mark Day Renton Police Dept. Renton, Wa. 425-430-7577 Program Narrative (Attachment 1) This is the sixth year for the Domestic Violence Program within the Renton Police Department. This program is vital for the victims by discussing victim safety, court processes, education, awareness, and resources with other legal and community based organizations. In March 2008 the City of Renton annexed 17,000 residences, because of this annexation our program will be in need of additional assistance for victim services. The City of Renton is expecting an additional an nexation;of.20,000 residenees"later=this year or'tlie beginning of'eariy next year. This area is `inhigh need of d`ornestic violence services. Our. city has become'rather diverse and we recognrze'the r%eed,to pro�i"de'iriterpret services and it forrriatron it other languages', currently we have` our information in Spanish; however, we will'be expandmg.'40"other languages -as -.requested'. The program uses the supplies offered by this grant to assist in the daily functions of the domestic violence victim advocate, detective. andaergeant: These funds are used to purchase brochures, videos, books, promotional items, handouts, and other items identified by the domestic violence victim advocate for the prevention and education on this topic. Along with prevention and education comes training. Training is one of the major functions in creating change within a department and community. Renton Police Department has conducted training sessions for the patrol officers, detectives, and other staff on the concerns that surround domestic violence. The department has also co- sponsored trainings with Violence Against Woman's Act (VAWA), Domestic Violence Abuse Network (DAWN), Consejo (Spanish program) local domestic violence task forces, community businesses, and service agencies. We also have sent the advocate, detectives, patrol officers, sergeants, or management to the National Domestic Violence Conference. We use a team approach so we can support and strengthen the program and one another's roles in the department. We also gain updated information on legal issues and different ways other departments deal with domestic violence in their agencies. One of the most important functions of this grant is to provide money for direct victim services. These services are vitally important for the victim(s) and children when they are leaving an abusive situation. These services are important until temporary or long-term shelter is found. Gift cards are used for emergency hotel, phone, food, clothing, moving, gas, travel (plane, bus & train), and interpreter services. We are looking into. multiple cell phone charging"station tliatdownloads information; including text': messaging and voice messaging; that can -be'used m'casesof DV harassment and threats. The program has had a steady need for the domestic violence victim advocate and the ongoing services provided by the advocate. We would ask that you continue to fund this program and allow additional funding for domestic violence services. Budget Narrative $40,096 Award Amount (Attachment #2) Administrative Cost of approximately 10% $4,096 = 4,096 Approximately ten percent of the administrative cost would be used to oversee the budget. Interpreter Services and Bilingual Information $3,000 = 3,000 Our community is becoming more diverse and we need to meet the needs of victims that are in need of interpreter service and material in there native language. Supplies $4,000 = 4,000 Supplies would be used yearly to maintain the needs of the Domestic Violence Victim Advocacy Program, including the victim advocate, detective and Sergeant. Prevention and Education $6,000 = 6,000 In an attempt to eliminate domestic violence, prevention and education is extremely important. Prevention and education could include community events, presentations, brochures, give -a -ways, media ads, Renton's Domestic Violence Task Force, and items or information that will create awareness on the topic of domestic violence and the services that are available for victims and families. Training $10,000 = 10,000 Training is very important for the continued knowledge and education on the topic of domestic violence, laws and ruling change monthly and training is very important. The training be used by the domestic violence victim advocate, detectives, patrol officers, probation staff and the prosecutor. Yearly we send two to three people to the National Domestic Violence Conference. We use a team approach to strengthen the program and build on possible ideas of other agencies. We also co-sponsor a training with our local VAWA (Violence Against Woman's Act) for law enforcement, prosecutors, and advocates. **Due to the rising cost of training we included more than traditionally budgeted. Direct Victim Services $13,000 = 13,000 These services are vitally important for the victim(s) and children when they are leaving an abusive situation. These services are important until temporary or long term shelter is found. We provide emergency shelter (up to 7 day's), food, clothing, moving trucks, phones, gas, travel (plane, bus, taxi & train) and gift cards. Abstract Narrative I am Sergeant Mark Day of the Renton Police Department. Our Domestic Violence Victim Advocate is Tina Harris. The Domestic Violence Program was established 6 years ago, within the Renton Police Department and has grown in the services it offers and assistance provided. The financial support of your grant organization has helped tremendously with the funding of our Program. With your assistance, we have strived to give victims of domestic abuse, an opportunity to overcome the emotional and physical trauma of this element within our community. By funding training, education and support with direct victim services, we give hope and salvation to the shattered families who fall victim to domestic violence. Our goals are to offer safety, security and justice to the victim citizens within our jurisdiction. The Domestic Violence Advocacy Program helps train officers as first responders, detectives as investigators and our prosecutors as litigators in the domestic violence cycle. With your continued support, our program will continue to offer services ranging from safe house location, moving expenses and incidental fees needed to relocate traumatized family members safely away from the abuser. Educational tools such as brochures, pamphlets, videos, and audio tapes will inform our clients of resources available and information needed to restore their lives and their families. Working with community based organizations, and combining efforts to deal with the disruptive influence of domestic abuse, our Program relies heavily on the support of organizations such as the Edward Byrne Memorial JAG local Solicitation Grant. Our City and Department greatly appreciate the support that you continually offer through the Edward Byrne Memorial Justice Assistance Grant Local Solicitation. Review Narrative On June 9, 2009, the grant information was published on the City of Renton website (www.renton.wa.us) and made accessible to the public to the extent applicable by law or established procedure making an opportunity for community review and or comment. Any amendments or future amendments to this application will also be published on the website and made available for public comment and review as prescribed by law or established procedures. The City of Renton website is readily accessible for review by the general public, the citizens of the City of Renton, neighborhood representatives, and organizational officers. June 9 , 2009, the grant application was made available for review in the City of Renton, Clerk's Office. June 8, 20G9, the grant application was reviewed at the Agenda Bill meeting with the Mayor and Council Members. June .15, 2009, the grant application was presented at the City Council meeting with the Mayor, Council and citizens. The comments, concerns, and inquiries of the application and its process by the Mayor, City Council, and the citizens will be addressed, considered, and potentially acted upon at the conclusion of the review period. Program Report In 2008, Domestic Violence Victim Advocate Program within the Renton Police Department had 846 new victim cases and 6,273 follow up contacts were made. Ten victims were put in emergency hotel shelter and an additional 7 were assisted by the local DV long term shelter. Food vouchers, clothing vouchers and emergency transportation was used for the victims needing the most emergent services. The program continued to update the Spanish DV Resource Guide and assist with interpreter services as requested. Our community is becoming very diverse and the need for additional services is increasing. The department sent the domestic violence victim advocate to the National Domestic Violence conference in San Diego, CA for additional and on going training. She was able to bring back information and education and present this information to the officers and detectives. Supplies were purchase for the advocate to perform daily tasks and continue to provide quality serves to the victims she comes in contact with. During July we had a community event (approximately 2,500 people) called Renton River Days and the advocate along with the DV Task Force had a booth educating community members about domestic violence and the resources available. A Men's March against Domestic Violence was also included in the parade and approximately 60 men participated in the March against Domestic Violence, including the Chief of Police and Fire Chief. The Kid's Day event was also successful, where by, children were educated on the topic of Domestic Violence and a healthy way to use their hand. They assisted a staff member in making tie dye shirts. Presentations about domestic violence were presented to Renton's Diversity Committee and Diamond Lil's Casino. The program has had a steady need for the domestic violence victim advocate and the ongoing services provided by the advocate. We would ask that you continue to fund this program and allow additional funding for domestic violence programs. La violencia dome'ostica Guia de informacion y recursos Resource Pamphlet Officers Provide To Victims. Domestic Violence Information and Resource Guide BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page 1 of 2 BJA FY 09 Edward Byrne Memorial Justice Assistance ~.I Brant Program: Local Solicitation 2009-c8670-wA-DJAll ,r A.p.pllcation Correspondence Switch to ... Application Handbook Assurances and Certifications Overview To the best of my knowledge and belief, all data in this ............................................... application/preapplication is true and correct, the document has been duly A.ppl_i_ca_nt authorized by the governing body of the applicant and the applicant will Information comply with the attached assurances if the assistance is awarded. ................ . ............................ pno e.ct Info_rmat_ion. Your typed name, in lieu of your signature represents your legal binding acceptance of the terms of this application and your statement of the Budget and veracity of the representations made in this application. The document has P.r..og_r...a..m been duly authorized by the governing body of the applicant and the Attachments applicant will comply with the following: A.... s s u ra_.n...c.e....s.. _a_n_d' Certifications Review SF 424 .............................................................................. Submit Application Help/Frequently Asked....Questons GMS Home Lo..g....Off 1. Assura_nces. 2. Certificati_ons_Re.gard.ing Lo_b_bying..;... Debarment, Suspension and..._Othe_r Responsibility Matters; and Drug -Free Workplace requirements. If you are an applicant for any Violence Against Women grants, this includes the Certification of Compliance with the Statutory Eligibility Requirements of the Violence Against Women Act. *Prefix: Mr. Prefix (Other): ................... ............... ................., *First Name: Mark Middle Initial: ___. _.............. *Last Name: 'Day .,... ...... . Suffix Suffix Suffix (Other): i *Title: ......... ..... ........... Sergeant *Address Line 1: 1055 So. Grady Way ........... Address Line 2: i *city: Renton .... .... .._ County: King *State: Washington' *Zip Code: .......... 98057 - 3232 https:Hgrants.ojp.usdoj.gov/gmsextemal/applicationAssurance.do 6/3/2009 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page 2 of 2 *Phone: 1425 - 430 - 7566 EXt _......... .. Fax: :425 -430 - 7505 *E-mail: mday@ci.renton.wa.us R I have examined the information provided here regarding the signing authority and certify it is accurate. I am the signing authority, or have been delegated or designated formally as the signing authority by the appropriate authority of official, to provide the information requested throughout this application system on behalf of this jurisdiction. Information regarding the signing authority, or the delegation of such authority, has been placed in a file and is available on -site for immediate review. Save and Continue https:Hgrants.ojp.usdoj.gov/gmsextemal/applicationAssurance.do 6/3/2009 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page 1 of 2 BJA FY 09 Edward Byrne Memorial Justice Assistance k Grant Program: Local Solicitation 2009-G8670-WA-DJ Application Correspondence. Switch to ... Review SF-424 Print a__Copy_ Application Handbook Overview Appl,i_ca..._nt. Information Project _I_nfo_rm_ato.n.. Pro.g_ra_m Atta_ch_ments. Ass_u_ra_nces _a_n_d. Certifications Review SF 424 ...........................................-__._.._._._............. Submit Application Help/Fre..q..uentl_y_ Askecl...Qu_estions G.M5..Ho.m..... Log Off APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier STATE Application Non -Construction 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY S.APPLICANT INFORMATION Legal Name Organizational Unit City of Renton Police Department Address Name and telephone number of the person to 1055 So. Grady Way be contacted on matters Renton, Washington involving this application 98057-3232 Harris, Tina (425)430-6654 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT 91-6001271 Municipal S. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16.738 Domestic Violence Victim CFDA EDWARD BYRNE MEMORIAL JUSTICE Advocacy Program TITLE: ASSISTANCE GRANT PROGRAM 12. AREAS AFFECTED BY PROJECT City of Renton, Washington, King County, Serving the citizens within the Renton City limits. 13. PROPOSED PROJECT 14. CONGRESSIONAL Start Date: October 01, 2008 DISTRICTS OF End Date: September 30, 2012 a. Applicant b. Project WA08 WA09 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY Federal $40,096 STATE EXECUTIVE ORDER 12372 PROCESS? Program is not covered by Applicant $0 State $0 https:Hgrants.ojp.usdoj.gov/gmsextemal/applicationReview.do 6/3/2009 BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page 2 of 2 Local I$0 I E.0.12372 Other $0 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL 1$40,096 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. Continue https:Hgrants.ojp.usdoj.gov/gmsextemal/applicationReview.do 6/3/2009 _I s BJA FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitation Page 1 of 1 BJA FY 09 Edward Byrne Memorial Justice Assistance " r104 , Grant Program: Local Solicitation 2009-c8670-wA-oJ Ap_p_Lcatio_n. Co_rresponden_ce. Switch to ... Application Handbook Submit Application Overview A.p.p....l_i_cant. Information Project_Informa..ti.o_n. Budget and Prog.ra m Attach_m_ents. Ass_u._ra_.n....c.e...s.._a_.ad.... Certifications Re.yi..w. SF.._42....4... Submit Application Help/Frequently Asked... Qu_estio_ns- GMS Home Lo..ci Off Status Requirement Complete Overview Complete Applicant Information Complete Project Information Complete Budget and Program Attachments Complete Certified to the Assurances and Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Incomplete Submit Application https:Hgrants.ojp.usdoj.gov/gmsextemal/submitApplication.do 6/3/2009