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Home My WebLink AboutREGULAR COUNCIL - 15 Sep 2014 - Agenda - PdfAGENDA RENTON CITY COUNCIL REGULAR MEETING September 15, 2014 Monday, 7 p.m. *REVISED* 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. Renton River Days Wrap-Up 4.ADMINISTRATIVE REPORT 5.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 9/8/2014. Council concur. b. Community and Economic Development Department recommends setting a public hearing on 10/6/2014 to consider approving the amended 2014 Community Development Block Grant plan and the 2015 Community Development Block Grant allocation of funds for human services and economic development activities. Council concur; set public hearing for 10/6/2014. c. Community Services Department recommends approval of a contract with Seattle Tree Preservation, Inc. in the amount of $182,682 to provide tree maintenance service, and requests authorization to transfer $20,014 from the Urban Forestry Program CIP fund to cover the budget gap. Refer to Finance Committee. d. Community Services Department recommends approval of a contract with Transportation Systems, Inc. in the amount of $134,559.83 for the Renton Senior Activity Center Parking Lot Lighting project, and requests authorization to transfer $20,000 from the Boundary, Topographic & Site Survey CIP fund to cover the budget gap. Refer to Finance Committee. e. Fire & Emergency Services Department recommends approving a resolution to authorize the City's participation in the Regional Coordination Framework for disasters and planned events for public and private organizations in King County. Council concur. (See 8.b. for resolution.) 7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. Page 1 of 132 a. Committee of the Whole: Local B&O Tax Structure & Implementation Recommendation* b. Community Services Committee: Cost Recovery and Program Pricing Guidelines c. Transportation (Aviation) Committee: Airport Master Plan Professional Services Agreement with Mead & Hunt; Rainier Flight Services 800 Building Long Term Lease; Rainier Flight Services Amendment #3; Bosair Lease Amendment #2; Growing Transit Communities Compact*; Blast Fence Replacement Contract Award to Gary Merlino Construction Company d. Utilities Committee: Emergency Sale of Water Agreement with King County Water District No. 90* 8.RESOLUTIONS AND ORDINANCES Resolutions: a. Extending the moratorium on the acceptance of applications for business licenses or permits for medical marijuana businesses; setting a public hearing date on 10/27/2014 (Approved via 9/8/2014 Planning & Development Committee report) b. Regional Coordination Framework and Agreement (See 6.e.) c. Growing Transit Communities Compact (See 7.c.) d. Emergency Sale of Water Agreement with King County Water District No. 90 (See 7.d.) Ordinances for second and final reading: a. Adopting Trace Matthew Annexation (1st reading 9/8/2014) b. Adopting 2014 2nd Quarter Budget Amendment (1st reading 9/8/2014) 9.NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10.AUDIENCE COMMENT 11.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS September 15, 2014 Monday, 6 p.m. Local B&O Tax Structure & Implementation Recommendation • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 2 of 132 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 2014 and 2015 Community Development Block Grant Funds Meeting: REGULAR COUNCIL - 15 Sep 2014 Exhibits: Issue Paper Rehabilitation Loan Program Description Draft Downtown Business District Map Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Cliff Long (x6591) and John Collum (x6589) Recommended Action: Council concur to set public hearing for 10/06/2014. Fiscal Impact: Expenditure Required: $ $708,989 Transfer Amendment: $ Amount Budgeted: $ $0 Revenue Generated: $$708,989 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: In 2014, there is unallocated $78,717 in Community Development Block Grant funds. It is proposed that these funds be used for the Downtown Renton Commercial Rehabilitation and Façade Improvement Loan Program. The Loan Program will provide funding to incentivize and assist property and business owners to rehabilitate commercial buildings in downtown, as part of an effort to encourage private investment, attract new and expanding businesses, and provide additional economic opportunities to the area. In 2015, the City is estimated to receive $630,272 in Community Development Block Grant funds. The allocation after contractual set-asides is estimated to be $397,072. The contractual set-asides consist of County Administration of $63,027, County Capital Administration of $12,605, Housing Stability Program (provides rent and mortgage assistance to prevent individuals or families from eviction) funding of $31,514, and King County Housing Repair Program (provides interest free loans and emergency grant services to low and moderate income home owners to repair their homes) funding of $126,054. Of the $397,072 remaining after set-asides, the City is proposing to use $63,027 for Planning and Administration, leaving a balance of $334,045 that is proposed to be used to provide additional funding to continue the Loan Program, as well as support public infrastructure improvements related to commercial rehabilitation and revitalization efforts within the greater downtown area. STAFF RECOMMENDATION: Approve the amended 2014 Community Development Block Grant plan and approve the 2015 Community Development Block Grant allocation of funds for human services and economic development activities. 6b. - Community and Economic Development Department recommends Page 3 of 132 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:September 11, 2014 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Chip Vincent, Community & Economic Development Administrator STAFF CONTACT:Cliff Long, Economic Development Director John W. Collum, Community Development Project Manager SUBJECT:Amend the 2014 Community Development Block Grant (CDBG) Plan and Allocation of 2015 Funds ISSUE: Should the City of Renton use a portion of its CDBG funds for economic development activities? RECOMMENDATION: Approve the amended 2014 CDBG plan and the allocation of 2015 CDBG funds for human services and economic development activities. BACKGROUND SUMMARY: Commercial building rehabilitation and public infrastructure improvements are common activities in any community’s economic development program to spur private investment. Cities throughout the country have developed programs where property and business owners are offered grants or loans at favorable terms. The grants or loans are used as incentives to encourage physical improvements and correct code violations that combat blighting conditions in existing buildings, as well as to encourage the creation of jobs. The City of Renton (“City”) is interested in creating a program that provides financial assistance as an incentive for owners in Downtown Renton to rehabilitate their buildings. Such a program would encourage private investment in Downtown, provide marketable space for new and expanding businesses, achieve significant visual improvements, and improve Downtown’s overall health and safety. 6b. - Community and Economic Development Department recommends Page 4 of 132 Don Persson, Council President Members of Renton City Council Page 2 of 3 September 11, 2014 Federal CDBG funding can be used for economic development purposes such as commercial rehabilitation and public infrastructure improvements. Each specific project to be funded through CDBG must be an eligible activity under the Housing and Urban Development Department regulations (“HUD regulations”), meet a national objective in accordance with HUD regulations, and comply with the City’s joint agreement for CDBG funding with King County (“Joint Agreement”). An interdepartmental team recommends that the City repurpose its allocation of CDBG funds (approximately $397,000 per year) for such economic development activities in 2015, and use one-time General Fund money to support human services programs currently funded by CDBG funding. The programs, including support for human services agencies and the City of Renton Housing Repair Assistance Program, will continue to be operated as they currently are with a change to General Fund funding. In 2014, there is an estimated $78,717 in unallocated CDBG dollars that can be utilized for economic development activities. For this purpose, the Community & Economic Development Department has created the Downtown Commercial Rehabilitation and Façade Improvement Loan Program (“Rehab Loan Program;” see attached description). The Rehab Loan Program will target funding to incentivize and assist property and business owners to move forward with projects that promote rehabilitation of commercial buildings to improve façades and upgrade existing buildings to bring them into compliance with current codes. Generally, the Rehab Loan Program will provide a minimum of $10,000 in assistance per property, offered in the form of a forgivable loan which must be matched dollar for dollar by the applicant. Owners of properties or businesses (with landlord consent) located within the Downtown Renton business district are eligible. The business district is defined as properties generally bounded by Shattuck Avenue South, South 4th Street, main Avenue South, and South 2nd Street, including properties fronting both sides of these streets. Residential properties or residential uses within mixed use projects are not eligible. Interested borrowers with eligible projects will be required to submit an application package to be considered for funding. In 2015, the City is estimated to receive $630,272 in CDBG funds. The allocation after contractual set-asides per the Joint Agreement is estimated to be $397,072. The contractual set-asides consist of County Administration of $63,027, County Capital Administration of $12,605, Housing Stability Program (provides rent and mortgage assistance to prevent individuals or families from eviction) funding of $31,514, and King County Housing Repair Program (provides interest free loans and emergency grant services to low and moderate income home owners to repair their homes) funding of $126,054. Of the $397,072 remaining after set-asides, the City is proposing to use $63,027 or the maximum amount allowed for Planning and Administration. The remaining balance of $334,045 is proposed to be used to provide additional funding to continue the Rehab Loan Program, as 6b. - Community and Economic Development Department recommends Page 5 of 132 Don Persson, Council President Members of Renton City Council Page 3 of 3 September 11, 2014 well as support public infrastructure improvements related to commercial rehabilitation and revitalization efforts within the greater Downtown area. Specific infrastructure projects to receive CDBG funding will be determined in conjunction with projects submitted for Rehab Loan Program consideration and identified needs in the Downtown area. The human services programs that are currently funded by CDBG dollars – Housing Repair Assistance Program and three human services programs managed by the Community Services Department – are recommended to be funded by the General Fund starting in 2015. The programs’ 2015 costs are collectively estimated to be $240,438. One-time audit settlement money available in 2014 is anticipated to be used to allow the General Fund to backfill the housing and human services programs in 2015. Assuming the City will continue to utilize the General Fund to support these programs beyond the 2015 one-year trial basis and throughout the three-year period that the Joint Agreement covers (2015-2017), the City will need to be identify another General Fund revenue source to continue funding these programs in 2016 and 2017 if its CDBG allocation will continue to support economic development activities during those years. The Housing Repair Assistance Program will have greater flexibility and efficiency with the proposed funding change. Federal and county regulations increase the amount of time devoted to paperwork substantially. With the change to General Fund funding, this time can be spent doing repairs instead. CONCLUSION CDBG funds can provide a source of funding for economic development activities in the downtown area to incentivize improvements to commercial buildings and public infrastructure in 2014 and 2015. The improvements are expected to create additional economic opportunities and stimulate reinvestment in Downtown Renton, which has been deemed a priority area for economic development. cc:Jay Covington, Chief Administrative Officer Larry Warren, City Attorney Garmon Newsom, Senior Assistant City Attorney Iwen Wang, Administrative Services Administrator 6b. - Community and Economic Development Department recommends Page 6 of 132 1 DRAFT DOWNTOWN COMMERCIAL REHABILITATION AND FAÇADE IMPROVEMENT LOAN PROGRAM Modernized and attractive buildings support and encourage local businesses and business development within a commercial, mixed-use district. The presence of underutilized, vacant or generally dilapidated buildings within a downtown generally reduces the appeal and marketability of it as a viable commercial district. Attractive storefronts, updated buildings and well-maintained historic structures, supporting a variety of commercial uses, have a significant positive effect on the marketability and livability of the surrounding area. Investment in Downtown Renton (“Downtown”) and the improvement and enhancement of its buildings will promote greater retail and pedestrian activity and improve its economic viability. The City of Renton (“City”) believes that it is in the public’s best interest to improve the aesthetics and physical quality of Downtown in order to stimulate reinvestment. Improvement and restoration of façades of privately-owned commercial buildings, along with updating them to meet current codes, would assist in eliminating blight and deterioration and further remove impediments to economic growth. Improvements will stimulate additional private investment in the buildings and the surrounding area, thereby resulting in additional downtown economic opportunities including job creation. The City has earmarked Community Development Block Grant (“CDBG”) funding to assist with its economic development efforts. Funding will be targeted to assist projects that will promote rehabilitation of commercial buildings to improve façades and upgrade existing buildings to bring them into compliance with current codes, with the goal of stimulating additional private investment and creating additional economic opportunities. A financial incentive will be offered to business and property owners in the form of a zero percent interest loan, which must be matched dollar-for-dollar by the applicant and may be forgivable subject to performance. All financial assistance will be provided on a first-come, first-served basis (upon meeting eligibility requirements) while funding is available. Program Goals and Objectives The primary goals of the City’s Downtown Commercial Rehabilitation and Façade Improvement Loan Program (“Program”) are to encourage investment in Downtown, achieve significant visual improvements in its built environment, and improve Downtown’s overall health and safety. The Program is designed to aid in the elimination or prevention of blight, provide benefit to low- and moderate-income persons through the creation or retention of jobs, and remove material and architectural barriers while improving mobility. The Program seeks to promote economic development by providing an incentive for property and business owners to renovate their buildings for occupancy by new or expanding businesses. Successful outcomes will produce updated commercial structures meeting current code requirements, storefronts that will attract retail, eating and drinking, and other pedestrian-oriented establishments, and businesses housing employees in a variety of pay ranges. 6b. - Community and Economic Development Department recommends Page 7 of 132 2 Program Details Available Program Funds For 2014, $78,000 has been programmed by the City for investment. Up to $7,500 is reserved for architectural design review consultant services to the City as applicants submit projects for consideration. Eligibility Location: Property must be located within the Downtown Business District (see boundaries on attached map). Applicants: For profit or nonprofit operating businesses (new or existing) seeking to locate or expand (with landlord consent if not property owner). Owners of existing property (vacant or occupied) with a re-use plan. All property taxes and business license fees must be current in order to participate in the program. Activities: Overall renovation and improvement of existing commercial building facades, including windows, doors, walls, roof, paint, awnings, signage, light fixtures, etc. Upgrades or rehabilitation to bring existing building into compliance with current codes (correcting existing code violations). Off-site construction of frontage or infrastructure upgrades that are a requirement of a city-approved development plan. Soft costs (professional fees, consultant studies, property reports, etc.) related to eligible activities above. Loan Terms and Conditions Up to five-year term with zero percent interest. Forgivable at end of term if all Program requirements have been completed and the loan recipient is in good standing. Evidence of matching funds must be provided at time of funding approval. Potential Loan Amount Individual project loan amount must be a minimum of $10,000, and maximum amount subject to eligibility and available funds. The actual loan amount must be matched by the applicant dollar-for-dollar through other exterior/interior building improvements or with site improvements designed to address a blight or incompatible condition on the property. Fees Application Fee of $200.00. Loan Origination Fee of $150.00, or 0.25% of the actual loan amount, whichever is greater. Closing Costs (including any legal fees) of 50% of total actual costs. Occupancy Requirements Any applicant business that qualifies with landlord consent must possess a valid lease that is at least co-terminus with the term of the funding loan. CDBG Requirements Project must meet at least one CDBG national objective: Elimination of specific conditions of blight or deterioration on a spot basis; or Creation or retention of full-time equivalent (FTE) positions of which at least 51% are either held by or considered to be available to low and moderate income persons. 6b. - Community and Economic Development Department recommends Page 8 of 132 3 Important Process Items Applicants receiving loan funding will be required to execute a legally binding agreement with the City containing terms that comply with the project’s targeted national objective. Loans generally will be funded upon completion of project improvements and City inspection approvals; however, consideration can be provided for a portion of the funding to be paid prior to completion depending upon the needs of the applicant and its project. Loans will be secured by a deed of trust recorded on the property’s title and an unlimited guarantee of the principal owners of the property or business (depending upon borrower). Application Process Interested applicants will be requested to submit an on-line application form that will include (at a minimum) the following information: a.Proposed borrower entity (including entity type, background, number years in existence or, if new, formation status). b.Detailed project description - number of square feet to be renovated/acquired/leased, types of uses, description of intended occupant businesses. c.Status of leasing if building includes tenant space – provide signed agreement or letter(s) of intent (LOIs) when available. d.Description of any conditions of blight (if applicable). e.Description of physical architectural barriers to access and plan for remediation (if applicable) f.Expected job creation number’s if applicable – list of projected new FTE positions at completion by job category – (i.e. 2 Administrative; 1 Sales; 2 professional/non-sales; 1 maintenance/ janitorial, etc.), if applicable. g.Preliminary proposed budget with listing of other funding sources and status (proposed, in review, committed). Following initial intake screening, project applicants will be requested to provide additional information for financial review. Info may include any of the following: a.Preliminary project timeline with key milestones. b.Development team qualifications. c.Building inspection report. d.Preliminary schematic design plans. e.Third party cost estimate with a detailed scope of improvements. f.Updates to detailed breakdown of sources and uses and status of other financing sources (Proposed/Committed/Timing for Commitment). g.Financials and tax returns for borrowing entity. h.Evidence of site control or description of acquisition plan. i.Environmental reports as requested (dependent on project scope). Following receipt of additional information and staff review, loan applications will be submitted to a Program Loan Committee for funding approval. The Program Loan Committee is anticipated to consis t of representatives from the City’s Fiscal Services and Economic Development divisions, an outside lending institution, and/or a financial consultant. For further information, please contact John W. Collum, Community Development Project Manager, at (425)430-6589, or jcollum@rentonwa.gov. 6b. - Community and Economic Development Department recommends Page 9 of 132 Cedar River St AnthonyPrivate RentonHigh VeteransMemorialPark Piazz a Gateway TonkinPark Liber tyPark §¨¦405 T515 T900 CedarRiverTrail S 2nd St S 4th StShattuckAveSMainAveSBurnettAveSS 3rd St S 3rdStBronson Way SS 3rd StSmithersAveSS 4 t h S tMorrisAveS WilliamsAveSHouser W ay SMorrisAlySSmithersAlySHouser W ay SSmithersAveSA c cessRdWellsAveSS 4 th P lS 2nd St BurnettAlySRenton TC AcRd S 3 r d P l MillAveSMillAlySBurnettAlySWhitworthAveSWellsAlySWellsAlySMainAlySCedarAlySMainAveSWilliamsAlySWilliamsAlySBur net t Pl SWilliamsAlySI-405FWYI-405FWYMillAveSCedarAveSCedarAveSWhitworthAveSLoganAveSPrivateRdWhitworthAlySWh itworthAlySRentonHSAcRdBurnettAveS³0 300150Feet Path: H:\CED\Planning\GIS\GIS_projects\dock et_items\2013\Property Maintenance\Mxds\DT Business District 11x17 w-aerial June2014.mxd Date: 06/25/2014 DT Business District Potential Expansion DT Business District Downtown Business District6b. - Community and Economic Development Department recommends Page 10 of 132 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Seattle Tree Preservation Contract Agreement Meeting: REGULAR COUNCIL - 15 Sep 2014 Exhibits: Issue Paper Contract Agreement with Exhibit A Submitting Data: Dept/Div/Board: Community Services Staff Contact: Terry Flatley, Urban Forestry and Natural Resources Manager, x6600 Recommended Action: Refer to the Finance Committee Fiscal Impact: Expenditure Required: $ 182,682 Transfer Amendment: $20,014 Amount Budgeted: $ 162,668 Revenue Generated: $N/A Total Project Budget: $ 182,682 City Share Total Project: $ 182,682 SUMMARY OF ACTION: High risk trees have been identified in various park locations throughout the City, with work orders dating back to 2011. Of the 67 trees included in this contract, 40 trees will be removed, 25 trees pruned and 2 trees removed of ivy. Seattle Tree Preservation Incorporated (STP) was selected from four other companies off the small works roster to perform this scope of work; the other four companies were not fully responsive or were non responsive. The contract with STP is for $182,682, which includes a $10,000 contingency. They will submit a performance bond for the total amount of the contract prior to executing the agreement. The Tree Maintenance Capital Investment Program line item will be used to fund this project. In addition, the Department of Community Services requests a budget adjustment to fund the cost of this contract. The budget adjustment is in the amount of $20,014 from the Urban Forestry Program Capital Investment Program line item (from 316.332017.020.576.81.41.003 to 316.332012.020.576.81.41.003 - Tree Maintenance). The Tree Maintenance Fund currently has a balance of $162,668; a shortfall of $20,014. The Urban Forestry Program Fund currently has a balance of $51,658. The budget adjustment from the Urban Forestry Program Fund into the Tree Maintenance Fund will satisfy the cost of the contract and leave a balance of $31,644 in the Urban Forestry Program Fund. STAFF RECOMMENDATION: Staff recommends approval of the Contract Agreement with Seattle Tree Preservation, Incorporated in the amount of $182,682. Adjust the budget as described above. And, authorize the Mayor and City Clerk to sign the agreement. 6c. - Community Services Department recommends approval of a contract with Page 11 of 132 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:August 25, 2014 TO:Don Persson, Committee Chair Members of Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Leslie Betlach, Parks Planning and Natural Resources Director Terry Flatley, Urban Forestry & Natural Resources Manager SUBJECT:Seattle Tree Preservation Contract Agreement ISSUE: Should the Council concur with the staff recommendation to execute the Contract Agreement with Seattle Tree Preservation, Incorporated to provide tree maintenance service at eight City facility locations and authorize a budget adjustment for $20,014? RECOMMENDATION: Staff recommends approval of the Contract Agreement in the amount of $182,682 between the City of Renton and Seattle Tree Preservation, Incorporated and authorizes the budget adjustment of $20,014. The adjusted 2014 Capital Investment Program (CIP) budget for Tree Maintenance is $260,989 (316.332012.020.576.81.41.003). To date, $98,320 has been spent for tree maintenance, resulting in a current balance of $162,668. In order to increase funds to the contract amount and provide contingency, staff recommends the budget adjustment and use of $20,014 from the 2014 Urban Forestry Program CIP fund (316.332017.020.576.81.41.003). BACKGROUND SUMMARY: The Seattle Tree Preservation, Incorporated Contract Agreement includes a scope of work to provide maintenance services to sixty-seven trees located in seven parks and facilities. This includes the removal of forty trees assessed as high risk to public safety. An additional twenty-five trees are included in the contract for pruning to eliminate dead branches in high-use public areas and provide clearance over structures. Seattle Tree Preservation, Incorporated was one of five companies selected to provide tree maintenance services from the small works roster. They were also the only 6c. - Community Services Department recommends approval of a contract with Page 12 of 132 Don Persson and City Council Members Page 2 of 3 August 25, 2014 company that responded completely to the request. The other four responders were unable to provide estimates for the trees to be removed at Liberty Park, therefore, were not selected. At Liberty Park, there are six large trees. Five of the trees are cottonwoods; three are growing between the library and Bronson Way and two are growing on the upstream side of the library. These trees are in confined spaces and difficult to access. Four of the trees have extensive beaver-chewing damage; between fifty percent to ninety percent of the trunk diameter no longer contains bark or growing tissues on these trees. The presence of decay in these trees has been detected by observing the difference in wood color, the presence of a large canker on one tree, sounding wood with a mallet and the presence of fruiting fungal bodies. On the downstream side of the library, the cottonwood tree closest to the library has a ten foot long decayed section called a canker at a point where the main branches originate high up in the tree. The largest of these branches droops over the library and places the most stress at the weakened branch node and canker; it is suspected that some hollow exists interior of the canker as well. Two trees on the upstream side of the library have pronounced lean toward the library as well as the conditions noted above. Together with their conditions and the closeness of targets, people and property, all these trees are rated as high risk trees; nothing can be done to correct their condition and bring them back to a higher condition rating or good health. Trees for removal also occur at Riverview Park, Heritage Park, Cascade Park, Windsor Hill Park, a newly acquired Unnamed City Vacant Lot in Benson Hill and Fire Station 14. To summarize the work at these locations: 1.)Riverview Park – 11 trees: 8 removals and 3 prunings – removals are large cottonwood trees with years of storm damage decayed branches and trunks looming over high use picnic grounds and pathways. 2.)Heritage Park – 5 trees for removal – all are tall, dead Douglas fir trees with most leaning towards the trailer homes located across the park property line. 3.)Cascade Park – 6 trees: 1 cottonwood removal; 5 cottonwood prunings to remove dead, dying and hanging branches over private properties. 4.)Windsor Hill Park – 1 large bigleaf maple clump that has died with some large stems containing hollows, transverse cracks and leaning over NE 4th Street. 5.)Unnamed City Vacant Lot – 11 trees: 9 removals and 3 prunings – all removals are either cottonwoods or alders that have been storm damaged, are dead and/or hollow. 6.)Firestation 14 – 44 trees: 13 removals and 31 prunings – removals are mostly dead and dying ornamental cherry trees and storm damaged cedars that affect the public sidewalks. Tree pruning other trees to provide clearance away from and over the buildings. All trees in this project were discovered by City Parks Maintenance staff or public requests for inspection. Work orders for some of the trees date back to 2011. During 6c. - Community Services Department recommends approval of a contract with Page 13 of 132 Don Persson and City Council Members Page 3 of 3 August 25, 2014 2014 two contracts were completed for trees in the imminent risk and high risk categories using various contractors. Other additional high risk tree work orders have been inspected in 2013 and 2014 and will require removal or pruning but have not been prioritized or the work scheduled. Additional budget adjustments may be requested to address these trees during 2014. CONCLUSION: Completing this contract will improve public safety at heavily used public facilities and allow for the efficient maintenance of these trees. Because cottonwood trees are nearing the end of their life cycles, we can expect more of this work in the future. 6c. - Community Services Department recommends approval of a contract with Page 14 of 132 Community Services Department CONTRACTOR’S AGREEMENT THIS AGREEMENT (“Agreement”) is made as of the ____ day of September, 2014, (the “Effective Date”) by and between the City of Renton, a noncharter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington ( “Renton”), through its Community Services Department and Seattle Tree Preservation, Incorporated, organized under the laws of the State of Washington, located and doing business at 13350 Lake City Way NE, Seattle, WA 98125, Phone Number, and Contact Person] (“Contractor”), who are collectively referred to as the “Parties”, to remove and/or prune trees in and around certain city parks. WHEREFORE, Renton and Contractor, the Parties identified above in the paragraph fully incorporated into the terms of this Agreement by this reference, agree that by Renton’s acceptance of Contractor’s bid, the Parties’ signing of this Agreement, and the full incorporation of the following listed documents, whether attached to this Agreement or not, all of which are component parts of this Agreement as if set forth within this Agreement, that the Parties agree to the terms of this Agreement. A. This Agreement, Attachments and Addenda, if any B. Bid, Bid Advertisement, Instructions to Bidders and Bid Proposal C. Specifications, Maps and Plans D. Special Provisions and Technical Specifications I. DESCRIPTION OF WORK. Contractor shall perform the following services for Renton in accordance with the described plans and/or specifications in Attachment A, Scope of Work, as well as all Laws. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II.TIME OF COMPLETION. The Parties agree that Work will begin on the tasks described in Section I, Description of Work, immediately upon execution of this Agreement, and no later than ten (10) calendar days after the execution of this Agreement. Upon the Effective Date of this Agreement, Contractor shall complete the work described in Section I by December 31, 2014, 12 noon, subject to Section V, Termination. III.COMPENSATION. In exchange for Contractor’s performance of the items and/or responsibilities identified in Description of Work, Renton shall pay Contractor a total amount not to exceed One Hundred Eighty-two Thousand Six Hundred Eighty-two Dollars and No 2014 Public Works Contractor’s Agreement 1 6c. - Community Services Department recommends approval of a contract with Page 15 of 132 Cents ($182,682.00), which includes applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. Contractor shall add the sales tax to each invoice and upon receipt of payment from Renton, promptly remit appropriate amounts to the State of Washington. Contractor shall be solely responsible for paying any sales tax related to this Agreement and shall be solely responsible for paying any penalties or late fees related to the payment of sales tax. Contractor shall invoice Renton monthly. Renton will pay for the portion of the Work described in the invoice that has been completed by Contractor and approved by Renton. Renton shall not pay for any service rendered by Contractor that is not identified and set forth in this Agreement. Renton’s payment shall not constitute a waiver of Renton’s right to final inspection and acceptance of the project. The invoice shall contain all necessary details including but not limited to the contract or project number, location, hours worked, completed work, etc. FAILURE TO COMPLY WITH THESE REQUIREMENTS OR TO PROVIDE AN INVOICE IN CONFORMANCE WITH THE CONTRACT MAY DELAY PAYMENT. A. Performance Bond. Pursuant to RCW 39.08 (Contractor’s bond), the Contractor, shall provide Renton a performance bond for the full contract amount to be in effect until sixty (60) calendar days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under RCW 60.28 (Lien for labor, materials, taxes on public works), whichever is later. The bond shall: 1.Be on the city-furnished form; 2.Be signed by an approved Surety (or Sureties) that: a.Is registered with the Washington State Insurance Commissioner, and b.Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3.Be conditioned upon the faithful performance of the Agreement by Contractor within the prescribed time; 4.Guarantee that the Surety shall indemnify, defend, and protect Renton against any claim of direct or indirect loss resulting from the failure: a.Of the Contractor or any employees, or subcontractors of any tier, to faithfully perform, or b.Of the Contractor or any employees, or subcontractors of any tier, to pay all laborers, mechanics, subcontractors of any tier, material person, or any person who provides supplies or provisions for carrying out the work; 2014 Public Works Contractor’s Agreement 2 6c. - Community Services Department recommends approval of a contract with Page 16 of 132 5.Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond; and 6.Be signed by an officer of Contractor empowered to sign official statements (sole proprietor or partner). If Contractor is a corporation, the bond must be signed by the president or vice-president, unless accompanied by written proof of the authority of the individual signing the bond to bind the corporation (i.e., corporate resolution, power of attorney or a letter to such effect by the president or vice- president). B. Retainage. Renton shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) calendar days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under RCW 60.28 (Lien for labor, materials, taxes on public works), whichever is later. The amount retained shall be placed in a fund by Renton pursuant to RCW 60.28.011(4)(a) (Retained percentage…), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor’s signature on the Agreement. C. Defective or Unauthorized Work. Renton reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without Renton’s prior written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, Renton may complete the work by contract or otherwise, and Contractor shall be liable to Renton for any additional costs incurred by Renton. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by Renton beyond the maximum Contract price specified above. Renton further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Subcontractor (of any tier) Prompt Payment. Contractor agrees to pay each subcontractor under this Agreement for satisfactory performance of its subcontract within thirty (30) calendar days from the receipt of each Renton payment to Contractor. D. Final Payment: Waiver of Claims. CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE CLAIMS PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME 2014 Public Works Contractor’s Agreement 3 6c. - Community Services Department recommends approval of a contract with Page 17 of 132 FINAL PAYMENT IS MADE AND ACCEPTED. IV.INDEPENDENT CONTRACTOR. The Parties intend and agree to create an Independent Contractor-Employer Relationship. Contractor’s employees, agents, representatives, volunteers or subcontractors of any tier, while engaged in the performance of any of Contractor’s services under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives or volunteers of Renton and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to Renton shall be at all times as an independent contractor. Contractor has the sole ability and responsibility to control and direct the performance and details of its work, as Renton is only interested in the results lawfully obtained under this Agreement. To that end, Renton does have the authority to approve or reject the work provided by or for Contractor to Renton and all work shall be subject to Renton’s right to inspect and review to ensure the satisfactory completion of the work in compliance with this Agreement. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in services provided to be rendered under this Agreement, shall be solely the Contractor’s obligation and responsibility. Contractor has the ability to control and direct the performance and details of its work, Renton being interested only in the results obtained under this Agreement. V. TERMINATION. Renton may terminate this Agreement based on convenience or good cause/default, in whole or in part, at any time by written notice sent certified mail, return- receipt requested, to Contractor. A. Convenience. After receipt of a Notice of Termination (“Notice”), and except as directed by Renton, Contractor shall immediately stop work as directed in the Notice, and comply with all other requirements in the Notice. Contractor shall be paid its costs, including necessary and reasonable contract closeout costs and profit on that portion of the work performed and accepted up to the date of termination as specified in the Notice. Contractor shall promptly submit its request for the termination payment, together with detailed supporting documentation. If Contractor has any property in its possession belonging to Renton, Contractor shall account for the same and dispose of it in the manner Renton directs. Convenience shall include, without limitation, a withdrawal of funding, legislative action at the federal, state, or local level, including Renton’s City Council, or any other reason that would require or justify Renton terminating this Agreement. B. Good Cause or Default. If Renton terminates this Agreement for good cause, Contractor shall not receive any further money due under this Agreement until the Work is completed, or shall only be paid for Work delivered and accepted, less any damages, costs or expenses, including reasonable attorney’s fees arising out of the default. After termination, Renton may take possession of 2014 Public Works Contractor’s Agreement 4 6c. - Community Services Department recommends approval of a contract with Page 18 of 132 all records and data within the Contractor’s possession pertaining to this project which may be used by Renton without restriction. Good Cause shall include, without limitation, any one or more of the following events: 1.Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the work identified in Section I, Description of Work. 2.Contractor’s failure to complete the work within the time specified in this Agreement. 3.Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. 4.Contractor’s persistent, significant or material disregard of Laws. 5.Contractor’s filing for bankruptcy or becoming adjudged bankrupt. 6.Contractor’s breach of any portion of this Agreement. 7.As to Good Cause based on 1, 2, 3, and 6, if Contractor states in writing an intent to immediately cure the default within thirty (30) calendar days, Renton may give Contractor an opportunity, in its sole discretion, to cure the default. Termination of this Agreement shall not relieve Contractor from any of its obligations under this Agreement as to the work performed as of the effective date of Termination, and shall such termination shall not limit Renton’s rights and remedies as to the work performed before Termination. C. Renton may take over the Work and prosecute the same to completion by this Agreement or by any other means it may deem advantageous, for the Contractor’s account and at the Contractor’s expense, and Contractor’s surety shall be liable to Renton for any excess cost or other damages incurred by Renton. Renton retains the right to use any remedies available whenever appropriate. VI.PREVAILING WAGES. Contractor must comply with the State of Washington prevailing wage requirements. Contractor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work and an “Affidavit of Wages Paid” at the end of the project. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with RCW 39.12 (Prevailing wages on public works), as well as any other applicable prevailing wage rate provisions. Contractor should not pay any subcontractor for any work until after the subcontractor has filed all Intents to Pay Prevailing Wages. Contractor shall not receive release of retainage until all Affidavits of Wages Paid have been filed with and accepted by the State of Washington. VII.CHANGES. Without invalidating this Agreement, Renton may issue a written change order for any change in the Contract work during the performance of this Agreement. No oral order or conduct by Renton shall constitute a change to the Agreement. If Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written 2014 Public Works Contractor’s Agreement 5 6c. - Community Services Department recommends approval of a contract with Page 19 of 132 change order request to the person listed to receive notices at the end of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If Renton determines that the change increases or decreases Contractor’s costs or time for performance, Renton will make an equitable adjustment. Renton will attempt, in good faith, to reach agreement with Contractor on all equitable adjustments. However, if the Parties are unable to agree, Renton will determine the equitable adjustment as it deems appropriate. Contractor shall proceed with the change order work upon receiving either a written change order from Renton or an oral order from Renton before actually receiving the written change order. If Contractor fails to require a change order within the time specified in this paragraph, Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If Contractor disagrees with the equitable adjustment, Contractor must complete the change order work; however, Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that Contractor accepts as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII.CLAIMS. If Contractor disagrees with anything required by a change order, another written order, or an oral order from Renton, including any direction, instruction, interpretation, or determination by Renton, Contractor may file a claim as provided in this section. Contractor shall give written notice of claim to Renton of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Claims shall be accompanied by supporting documentation and citation to applicable provisions of this Agreement. Renton reserves the right to request additional documentation necessary to adequately review the claim. No claim by Contractor shall be allowed if asserted after final payment under this Agreement. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, the Notice of Claim should include the information set forth below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides 2014 Public Works Contractor’s Agreement 6 6c. - Community Services Department recommends approval of a contract with Page 20 of 132 the following information: 1.The date of the Contractor’s claim; 2.The nature and circumstances that caused the claim; 3.The provisions in this Agreement that support the claim; 4.The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5.An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. Renton shall have access to any of the Contractor's records needed for evaluating the protest. Renton will evaluate all claims, provided the procedures in this section are followed. If Renton determines that a claim is valid, Renton will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor’s Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by Renton under this Agreement. D. Appeal to Administrator. The Project Manager shall ordinarily respond to Contractor in writing with a decision, but absent such written response, the claim shall be deemed denied upon the tenth (10th) calendar day following receipt by the Project Manager of the claim, or requested additional documentation, whichever is later. In the event Contractor disagrees with the determination of the Project Manager, Contractor shall, within thirty (30) calendar days of the date of such determination, appeal the determination in writing to the Community Services Administrator (CS Administrator). Such written notice of appeal shall include all information necessary to substantiate the appeal. The CS Administrator shall review the appeal and make a determination in writing, which shall be final. Appeal to the CS Administrator on additional time or compensation claims shall be an absolute condition precedent to any litigation. E. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from Renton any written or oral order (including directions, instructions, interpretations, and determination). F. Failure to Follow Procedures Constitutes Waiver. By failing to precisely follow the procedures of this section, the Contractor completely releases and waives any claims for protested work and accepts from Renton any written or 2014 Public Works Contractor’s Agreement 7 6c. - Community Services Department recommends approval of a contract with Page 21 of 132 oral order (including directions, instructions, interpretations, and determination). IX.LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor shall have a duty to remedy any defects in the Work and pay for any damage resulting from the Contractor’s acts or omissions within one (1) year from the date of final acceptance of the Work, unless a longer period is specified. Renton will give Contractor prompt notice of observed defects and Contractor shall be obligated to take immediate steps to correct and remedy such defects at its sole cost and expense. XI.DISCRIMINATION. Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: A. Contractor with regard to the services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of services or any other benefits under this Agreement, or procurement of materials or supplies. B. Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, or the selection of subcontractors or suppliers. C. If Contractor fails to comply with any of this Agreement’s non- discrimination provisions, Renton shall have the right, at its option, to cancel the Agreement in whole or in part. D. Contractor is responsible to be aware of and in compliance with all Laws that may affect the satisfactory completion of the project, which includes but is 2014 Public Works Contractor’s Agreement 8 6c. - Community Services Department recommends approval of a contract with Page 22 of 132 not limited to fair labor laws and worker's compensation, RCW 49.60, Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the American with Disabilities Act and the Restoration Act of 1987. Contractor shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the Agreement. E. While not a requirement of this Agreement, Renton encourages Contractor to use businesses, including Small Contractors and Suppliers (SCS), and minority-owned and women-owned business enterprises in city contracts. The term “Small Contractors and Suppliers” means that a business and the person or persons who own and control it are in a financial condition which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Contracting Opportunities Program is set at fifty percent (50%) of the federal Small Business Administration (SBA) small business size standards using the North American Industry Classification System and Owners’ Personal Net Worth less than seven hundred fifty thousand dollars ($750,000). Renton encourages Contractor to use the following voluntary practices to promote open competitive opportunities for small businesses, including SCS firms and minority-owned and women-owned business enterprises: 1.Contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) to obtain a list of certified minority- owned and women-owned business enterprises at the following website at http://www.omwbe.wa.gov/ or by telephone 360-704-1181 or jwheat@omwbe.wa.gov. 2.Use the small services of available community organizations, consultant groups, local assistance offices, and other organizations that provide assistance in the recruitment and placement of small businesses, including SCS firms and minority-owned and women-owned business enterprises. XII.INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. 2014 Public Works Contractor’s Agreement 9 6c. - Community Services Department recommends approval of a contract with Page 23 of 132 Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and Renton, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. Renton’s inspection or acceptance of any of Contractors work when completed shall not be grounds to avoid any of these covenants of indemnification. No liability shall attach or be borne by Renton by reason of entering into this Agreement with Contractor except as may be expressly provided in this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, RCW 51, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XIII.INSURANCE. By requiring such minimum insurance, Renton shall not be deemed or construed to have assessed the risks that may be applicable to Contractor under this Agreement. Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the full extent provided by the terms and conditions of the policy or policies. Nothing contained with this provision shall affect and/or alter the application of any other provision contained with this Agreement. Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit E, attached and incorporated by this reference. Contractor shall secure and maintain at least the following coverage amounts for the duration of this Agreement: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$5,000,000 aggregate for the Term of this Agreement. B. Professional liability insurance in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being 2014 Public Works Contractor’s Agreement 10 6c. - Community Services Department recommends approval of a contract with Page 24 of 132 provided to Renton that are excluded in the commercial general liability insurance. C. Automobile liability insurance: in the minimum amount of $1,000,000 combined single limit for each accident for bodily injury and property damage for owned, non-owned and hired vehicles. D. Employer’s Liability Stop Gap insurance in the minimum amount of $1,000,000. E. Workers’ compensation coverage as required by the Industrial Insurance laws of the State of Washington shall also be secured. F. It is agreed that on Contractor’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a primary and non- contributory basis. Renton’s insurance policies and those of its elected officials, agents (not including Contractor), employees, representatives and/or volunteers shall not be a source for payment of any Contractor liability. G. Subject to Renton’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. All evidence of insurance shall be certified by a properly authorized officer, agent, and general agent or qualified representative of the insurer(s) and shall certify the name of the insured, the type and amount of insurance, the location and operations to which the insurance applies, and the expiration date. Contractor shall, upon Renton’s demand, deliver to Renton all such policies of insurance, and all endorsements and riders, and the receipts for the insurance premium payment of premiums. H. Contractor shall provide Renton with notice at least forty-five (45) calendar days prior to the effective date of any cancellation, lapse or material change in the policy. Contractor shall provide Renton with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. I. Contractor’s insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability. J. Insurance is to be placed with insurers with a Bests’ rating of no less than A:VIII, or, if not rated with Bests’, with minimum surpluses the equivalent of Bests’ surplus size VIII. K. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. L. If at any time one of the foregoing policies shall fail to meet the above stated requirements, Contractor shall, upon notice to that effect from Renton, promptly obtain a new policy, and shall submit the same to Renton, with the appropriate certificates and endorsements, for approval. M. Subcontractors of any tier shall be included as insureds under Contractor’s policies, or shall furnish separate certificates of insurance and policy endorsements for each subcontractor. Insurance coverage(s) provided by subcontractors as evidence of compliance with the insurance requirements of 2014 Public Works Contractor’s Agreement 11 6c. - Community Services Department recommends approval of a contract with Page 25 of 132 this Agreement shall be subject to all of the requirements applicable to the Contractor. N. Additional Insured Endorsement shall be included with the certificate of insurance. Renton requires this Endorsement to complete the Agreement. O. Contractor’s failure to provide and comply with the terms of this section may result in Renton suspending or terminating the Contractor’s work in accordance with Agreement provisions regarding “Termination” in Section V.F. Suspension or termination of this Agreement shall not relieve the Contractor from its insurance obligations. The failure on the part of Contractor to maintain insurance as required by this Agreement shall constitute a material breach of contract, upon which Renton may, after giving five (5) business days’ notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to Renton on demand, or deducted from the amount to be paid to Contractor under the terms of this Agreement. XIV.WORK PERFORMED AT CONTRACTOR’S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV.DEFINITIONS. Words and terms shall be given their ordinary and usual meanings. Where used in the Agreement or Contract, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms. A. Agreement or Contract. This document and/or this document and any addendums, amendments, exhibits or attachments to this document. These terms may be used interchangeably. B. Amendment or Contract Amendment. A written change to this Agreement modifying, deleting or adding to the terms or statement of work, signed by the Parties, with or without notice to the sureties. Such an amendment or addendum shall be a part of the Agreement upon its execution by both Parties. C. Contractor. Seattle Tree Preservation as it exists or may exist in the future as well as its agents, employees, representatives, subcontractors of any tier, and volunteers. D. Laws. Federal, state, county or local/municipal statutes, ordinances, 2014 Public Works Contractor’s Agreement 12 6c. - Community Services Department recommends approval of a contract with Page 26 of 132 executive orders, rules and/or guidelines. E. Project Manager. The individual designated to manage the project on a daily basis and who may represent Renton for contract administration. This Agreement may be part of a larger city project. F. Scope of Work (“SOW”). That Attachment to the Agreement consisting of written descriptions of Services to be performed or the technical requirements to be fulfilled under this Agreement. G. Work. Everything to be provided and done for the fulfillment of the Contract and shall include all services specified under this Agreement, including contract amendments, settlements, and the furnishing of labor, time, expertise, experience or effort to fulfill this Agreement. XVII.CONFLICTS OF INTEREST. By entering into this Agreement to perform work, Contractor represents that it has no undisclosed direct or indirect pecuniary or proprietary interest in the Work required to be performed under this Agreement, and that it shall not acquire any such interest that conflicts in any manner or degree with the work required to be performed under this Agreement. Contractor shall not employ any Person or agent having any conflict of interest. In the event that Contractor or its agents, employees or representatives acquires such a conflict of interest, it shall immediately disclose such conflict to Renton. Renton shall require that Contractor take immediate action to eliminate the conflict up to and including termination for default. XVIII.IMPROPRIETY, GRATUITIES AND UNETHICAL CONDUCT PROHIBITED. By entering into this Agreement to perform work, Contractor represents that: A. No Persons except as designated by Contractor shall be employed or retained to solicit or secure this Agreement with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid. B. No gratuities, in the form of entertainment, gifts or otherwise, were offered or given by Contractor or any of its agents, employees or representatives, to Renton or other governmental agency with a view toward securing this Agreement or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this Agreement. C. Any Person having an existing Agreement with Renton or seeking to obtain an Agreement who willfully attempts to secure preferential treatment in his or her dealings with Renton by offering any valuable consideration, thing or promise, in any form to any city official or employee shall have his or her current contract(s) with Renton canceled and shall not be able to enter into any other 2014 Public Works Contractor’s Agreement 13 6c. - Community Services Department recommends approval of a contract with Page 27 of 132 contract with Renton for a period of two (2) years. D. Current and former City employees are prohibited from assisting with the preparation of proposals or contracting with, influencing, advocating, advising or consulting with a third party, including Contractor, while employed by Renton or within one (1) year after leaving City employment if he/she participated in determining the work to be done or processes to be followed while a City employee. For purposes of this section (1.10), the term “city employee” shall include any individual who may have been an independent contractor, but (a) whose primary place of work was at Renton, (b) whose work schedule was directed by any city employee, (c) who maintained work or office space at Renton, (d) who managed or supervised city employee(s), or (e) who reported hours worked to Renton’s finance or payroll department. Contractor shall identify at the time of offer current or former City employees involved in the preparation of proposals or the anticipated performance of work if awarded the Agreement. Failure to identify such current or former City employees may result in Renton’s termination of this Agreement. After Contract award, Contractor is responsible for notifying Renton of current or former City employees who may become involved in the Contract at any time during the term of the Agreement. XIX.MISCELLANEOUS PROVISIONS. A. Administration. This Agreement is between Renton and Contractor with no third-party beneficiaries. Contractor shall provide the work described in this Agreement. Renton is not involved in defining the division of work between Contractor and its subcontractors, if any, and the Scope of Work has not been written with this intent. Contractor’s performance under this Agreement shall be monitored and reviewed by city personnel. Reports and data required to be provided by Contractor shall be delivered to Renton as described herein. B. Assignment. Contractor shall not assign this Agreement or its performance under this Agreement without Renton’s prior written consent. Neither party shall assign or transfer any interest, obligation or benefit under or in this Agreement, whether by change of control of greater than 51%, transfer of a controlling interest of greater than 51%, sale of assets or stock, merger with another entity, assignment or novation, without prior written consent of the other party. If assignment or transfer is approved, this Agreement shall be binding upon and inure to the benefit of the successors of the assigning party. This provision shall not prevent Contractor from pledging any proceeds from this Agreement as security to a lender subject to city approval. An agreed assignment or transfer shall be accepted by either party upon the posting of all required bonds, securities and the like by the assignee and the written agreement by assignee to assume and be responsible for the obligations and liabilities of the Agreement, known and unknown, and applicable Laws. 2014 Public Works Contractor’s Agreement 14 6c. - Community Services Department recommends approval of a contract with Page 28 of 132 C. Audits. Federal, state or city auditors shall have access to Contractor’s and its subcontractors’ records for the purpose of inspection, cost or price analysis, audit or other reasonable purposes related to this Agreement. Federal, state or city auditors shall have access to the Records and may copy such Records during Contractor’s normal business hours. Contractor shall provide proper facilities for such access, inspection and copying. Contractor may provide such records in electronic format when feasible. Audits may be conducted during or after the Contract period for purposes of evaluating claims by or payments to Contractor and for any other reason deemed appropriate and necessary by Renton. Audits shall be conducted in accordance with generally accepted accounting principles for governmental entities and/or federal, state or city audit procedures, laws or regulations. Contractor shall fully cooperate with the auditor(s). Contractor shall, upon request, provide Renton with satisfactory documentation of Contractor’s compliance with terms of this Agreement. Any violation of this paragraph of the Agreement shall be deemed a material breach. In addition, Contractor shall permit Renton and if federally funded, the Comptroller General of the United States, or a duly authorized representative, to inspect all work, materials, payrolls and other data and Records pertaining to this Agreement. D. Changes in Law. New Laws, policies and administrative practices may be established after the Agreement effective date is established and may apply to this Agreement. To achieve compliance with changing requirements, Contractor agrees to accept all changed requirements that apply to this Agreement and require subcontractors to comply with revised requirements as well. Changed requirements shall be implemented through a contract amendment. E. Compliance with Laws. Contractor agrees to comply with all Laws that are now effective or in the future become applicable to Contractor’s business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. F. Contractor’s Employees, Agents, and/or Subcontractors. Renton may at its sole discretion require Contractor to remove any Contractor employee, agent, and/or subcontractor from this project. Naturally, Contractor is free to employ such an employee, agent or subcontractor on other non-Renton related projects. G. Counterparts. The documents constituting the Agreement between Renton and Contractor are intended to be complementary so that what is required by any one of them shall be as binding as if called for by all of them. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 2014 Public Works Contractor’s Agreement 15 6c. - Community Services Department recommends approval of a contract with Page 29 of 132 H. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of Renton, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. I. Environmental Purchasing Policy. Contractor is encouraged to supply products containing recycled and environmentally preferable materials that meet performance requirements. Contractor shall use products that are biodegradable and are the lowest toxicity to the environment when such products are available, including but not limited to vegetable oil in chain saws. Contractor shall use recycled paper for all printed and photocopied documents related to the submission of this solicitation and fulfillment of the Agreement and shall, whenever practicable, use both sides of paper. J. Event of Force Majeure. 1.A party shall not be in breach of this Agreement as a result of such party’s failure to perform its obligations under this Agreement, other than the obligation to pay a monetary obligation when due and owing, when such failure is due to an Event of Force Majeure, to the extent that such party, despite the exercise of reasonable due diligence, is unable to remove such Event of Force Majeure. Any party subject to an Event of Force Majeure that may impair its performance under this Agreement shall notify the other party as soon as practicable. Any party subject to an Event of Force Majeure shall be excused from performance under this Agreement only for the duration of and to the extent of the Event of Force Majeure. Any party subject to an Event of Force Majeure shall exercise reasonable due diligence to remove the Event of Force Majeure. 2.As used in this Agreement, "Event of Force Majeure" means any event or circumstance (or combination of the same) and the continuing effects of any such event or circumstance (whether or not such event or circumstance was foreseeable or foreseen by the Parties) that delays or prevents performance by a party of any of its obligations under this Agreement, but only to the extent that and for so long as: a.the event or circumstance is beyond the reasonable control of the affected party; b.despite the exercise of reasonable diligence, the event or circumstance cannot be prevented, avoided or stopped by the affected party; and 2014 Public Works Contractor’s Agreement 16 6c. - Community Services Department recommends approval of a contract with Page 30 of 132 c.the affected Party has taken all commercially reasonable measures to avoid the effect of the event or circumstance on the affected Party's ability to perform its obligations hereunder and to mitigate the consequences of the event. 3.An Event of Force Majeure shall include the following, to the extent also satisfying the criteria specified above: a.flood, earthquake, drought, climate change, storm, fire, lightning and other natural catastrophes; b.acts of public enemies, armed conflicts, acts of foreign enemies, acts of terrorism (whether domestic or foreign, state- sponsored or otherwise), war (whether declared or undeclared), blockade, insurrection, riot, civil disturbance, revolution or sabotage; c.any form of compulsory government acquisition or condemnation or change in applicable law that affect the performance of the Parties' obligations under this Agreement; d.accidents or other casualty, damage, loss or delay during transportation, explosions, fire, epidemics, quarantines or criminal acts that affect the performance of the Parties' obligations under this Agreement; e.labor disturbances, stoppages, strikes, lock-outs or other industrial actions affecting the Parties or any of their consultants, sub-consultants (of any tier), agents or employees; and f.inability, after the use of commercially reasonable efforts, to obtain any consent or approval from any governmental authority that affects the performance of the Parties’ obligations under this Agreement. 4.Notwithstanding the foregoing, the insufficiency of funds, the financial inability to perform or changes in such party’s cost of performing its obligations under this Agreement shall not constitute an Event of Force Majeure, and neither Party may raise a claim for relief, in whole or in part, in connection with such event or circumstance, subject to the language in Section V, Termination. K. Industrial or Hazardous Waste. Contractor shall comply with all applicable Laws governing the discharge of industrial waste to a water body, drainage system, public sewer, private sewer, or side sewer tributary to any sewerage system. Contractor shall handle and dispose of all hazardous wastes in compliance with all applicable Laws, including but not limited to the Resource Conservation and Recovery Act, the Washington Hazardous Waste Management Act, and applicable rules and regulations of the Environmental Protection Agency and the Department of Ecology governing the generation, storage, treatment, 2014 Public Works Contractor’s Agreement 17 6c. - Community Services Department recommends approval of a contract with Page 31 of 132 transportation or disposal of hazardous wastes. L. Jurisdiction and Venue. This Agreement shall be governed by and construed according to the laws of the State of Washington, including but not limited to, RCW 62A (Uniform Commercial Code). Any claim or suit concerning this Agreement may only be filed and prosecuted in either the Maleng Regional Justice Center in Kent or U.S. District Court for the Western District of Washington, in Seattle, Washington. M. Licenses, Permits and/or Certifications. This includes but is not limited to all taxes, licenses, permits and certifications. If Contractor fails to pay any applicable taxes, or if Contractor’s required licenses, permits and/or certifications are terminated, suspended, revoked or lapses, or are modified after the effective date of this Agreement, Contractor shall notify or ensure that Renton is notified immediately of such condition by e-mail and in writing. Contractor shall maintain Renton business license throughout the Term of this Agreement. N. Mediation. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be resolved through the claims and appeal process set forth in the Section VIII, Claims, the Parties may, upon mutual agreement, endeavor to settle the dispute amicably by mediation, or other agreed form of alternative dispute resolution (ADR) process, prior to commencing litigation. O. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of Renton and Contractor. P. Non-Waiver of Breach. The failure of Renton to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. A waiver by Renton must be in writing by the Project Manager or designee. The conducting of tests and inspections, review of Scope of Work or plans, payment for work, or Acceptance or Final Acceptance of the work by Renton shall not constitute a waiver of any rights under this Agreement or in law. The termination of this Agreement shall in no way relieve Contractor from its warranty/guarantee responsibility as it pertains to work completed as of the effective termination date. Q. Notices. All communications regarding this Agreement shall be sent to the Parties at the addresses listed in this subsection of the Agreement, unless 2014 Public Works Contractor’s Agreement 18 6c. - Community Services Department recommends approval of a contract with Page 32 of 132 notified to the contrary. Any written notice under this Agreement shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be specified in writing. For Project Management related notices, questions or documentation: CITY OF RENTON CONTRACTOR Project Manager South Shop Office Manager Terrence J. Flatley Charles Reich 1055 South Grady Way Renton, WA 98057 (425) 430-6600 (206) 935-6593 TFlatley@rentonwa.gov Southoffice@Seattletree.com For Notices of Appeal: Terry Higashiyama, Community Services Administrator City of Renton 1055 South Grady Way Renton, WA 98057 (425) 430-6600 THigashiyama@rentonwa.gov R. Public Records or Disclosure under RCW 42.56 (Public Disclosure Act). This Agreement shall be considered a public document and will be available for inspection and copying by the public in accordance with the Public Records Act, RCW 42.56 (the “Act”). If Contractor considers any portion of any record provided to Renton under this Agreement, whether in electronic or hard copy form, to be protected under Law, the Contractor shall clearly identify each such portion with words such as “CONFIDENTIAL,” “PROPRIETARY” or “BUSINESS SECRET.” If a request is made for disclosure of such portion, Renton will determine whether the material should be made available under the Act. If Renton determines that the material is subject to disclosure, Renton will notify the Contractor of the request and allow the Contractor ten (10) business days to take whatever action it deems 2014 Public Works Contractor’s Agreement 19 6c. - Community Services Department recommends approval of a contract with Page 33 of 132 necessary to protect its interests. If the Contractor fails or neglects to take such action within said period, Renton will release the portions of record(s) deemed by Renton to be subject to disclosure. Renton shall not be liable to Contractor for inadvertently releasing records pursuant to a disclosure request not clearly identified by Contractor as “CONFIDENTIAL,” “PROPRIETARY” or “BUSINESS SECRET.” S. Records and Inspections. Contractor shall provide Renton with all data, information, reports, and/or statements as Renton may request or require pertaining, directly or indirectly, to this Agreement. These records shall be available for audit, inspection, copying and/or review any time during normal business hours and as often as Renton or an auditor on behalf of a governmental body, or a representative of Renton or a governmental body, may deem necessary. Renton shall receive a copy of all audit reports made by agency or firm as to Contractor’s activities. Renton may, at its own discretion and expense, audit or have audited Contractor’s activities which relate, directly or indirectly, to this Agreement. T. Records Retention. Contractor and its subcontractors shall maintain books, records, data and documents of its performance, costs, fees and expenditures (“Records”) under this Agreement in accordance with generally accepted accounting principles for governmental entities. Contractor shall retain all financial information, data and records for all work under the Agreement for six (6) years after the date of final payment. U. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from the Parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the Parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the Parties' performance of this Agreement, each party shall pay all its legal costs and attorneys’ fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit Renton’s right to indemnification under Section XII (Indemnification) of this Agreement. V. Severability. Whenever possible, each provision of this Agreement shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then only that provision or portion shall not affect the validity, legality or enforceability of any other provision of this Agreement, which shall remain valid and binding. 2014 Public Works Contractor’s Agreement 20 6c. - Community Services Department recommends approval of a contract with Page 34 of 132 6c. - Community Services Department recommends approval of a contract with Page 35 of 132 City of Renton Community Services Department 2014 Winter Urban Forestry Tree Maintenance Projects Attachment A – Scope of Work Bid Deadline: Monday, March 17, 2014 at 5:00 P.M. Project Manager: Terry Flatley, Urban Forestry and Natural Resources Manager Contact Information: tflatley@rentonwa.gov; 425-430-6600 (Monday through Friday; 8:00 A.M. – 5:00 P.M.) Packet Contents: Attachment A; City of Renton Contract Agreement Form; Spreadsheet of Project Areas Introduction Please find the project spreadsheet attached. The spreadsheet has been organized to show eight locations all which are referred to as Project Area D: City Park or Facility Locations. Award will be based upon the company that has the best qualifications and offers the best value to the City of Renton. All locations will be awarded to one company. Each address is shown as a numbered location. Tree numbering is consecutive beginning with number 19 through 25. There are 68 trees total. There is a combination of work activities at each location and can include tree removal, tree pruning, ivy removal and stump grinding. All trees for removal have been marked using a white paint spot at the base of trees. On the spreadsheet is a Treatment column which generally describes the work activity to be performed. Along with a description column, these short narratives should provide enough information to determine the work required. However, you are strongly advised to review the listing in the field with the Project Manager, Terry Flatley. Please email tflatley@rentonwa.gov to schedule an appointment or call 425-430-6600 with questions. The spreadsheet includes columns to input unit costs, state sales tax and total costs. Feel free to use this spreadsheet to submit your bid or use your own method of submittal. Regardless of how you determine your bid, we will need to see the total amount in writing. Qualifications and Requirements of Contractor •The minimum qualifications required to be considered for award of a project area includes having a current Renton Business License, Proof of Insurance and International Society of Arboriculture (ISA) Certified Arborist. This information will be collected prior to award of bid. •All personnel shall wear the most up-to-date personal protective equipment including but not limited to safety vests and hard hats while on the job site. City of Renton Community Services Department 2014 Winter Urban Forestry Tree Maintenance Projects Attachment A – Scope of Work Page 1 6c. - Community Services Department recommends approval of a contract with Page 36 of 132 •Locations left incomplete at the end of the work day shall be barricaded to prevent access by the public. •Familiarity with and adherence to: o American National Standard for Arboricultural Operations – Safety Requirements, ANSI Z133.1-2006 or newer. o American National Standard for Tree Care Operations – Tree, Shrub, and Other Woody Plant Management – Standard Practices (Pruning), ANSI A300 (Part I) - 2008 or newer. •Tree Care Industry Association Membership preferred, however, this shall not disqualify your bid. Project Area Specifications – Prior to Beginning Work •Traffic Control Plan Approval – please see http://rentonwa.gov/living/default.aspx?id=880 •Proof of Insurance – Minimum amounts to be approved in advance by City Risk Management. Includes General Liability, Automobile Liability, Workers Compensation and Employers’ Liability. See the attached contract for specific requirements. •On-site meeting with Project Manager to review operations, public safety plan and traffic control plan. Tree Removal Specifications •Removal includes the complete removal of all tree-related debris generated by the activity including litter, sawdust, chips, soil, twigs, leaves, needles, buds, branches, trunks, stumps, and surface roots unless otherwise indicated. •Removal of all stump and/or root grinding debris. The hole left from stump grinding can be temporarily covered with stump debris that is made level with surrounding grades until such debris can be removed and replacement soil added. •Where indicated, stump debris shall be removed from the resulting hole, replaced with a high quality topsoil (less than 5% organic matter) and the area seeded. Seed should be covered lightly with topsoil and soil covered with mulch such as straw. Non-netted sod is required when sod is indicated. Sod shall be laid so that no gaps occur between rolls. •Only official company personnel may enter upon the work site. Others are prohibited from entering the work site especially those seeking to take wood debris such as firewood. •Use of cranes or other heavy equipment shall be approved by the Project Manager prior to award of bid. The use of materials (e.g. mats) that eliminate or minimize site damage is required and must be factored into the bid amount. •Use of ropes to lower tree sections is required in order to prevent unnecessary damage to turf, plants, adjacent trees and all street, park or facility infrastructure. •The Project Manager will determine the extent of repairs from damage as a result of tree removal activities and repairs shall be to pre-existing conditions or better. •All depressions created as the result of operations shall be made level with existing grades using a high quality topsoil and seeded or sodded. City of Renton Community Services Department 2014 Winter Urban Forestry Tree Maintenance Projects Attachment A – Scope of Work Page 2 6c. - Community Services Department recommends approval of a contract with Page 37 of 132 • Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility of the contractor. Tree Pruning Specifications • Only an ISA Certified Arborist shall prune trees. Non-certified workers are prohibited from pruning trees. • Pruning cuts shall be made outside the branch bark ridge and branch collar. Cuts should be at an angle of 45 degrees from the branch bark ridge. • No stub-cutting or heading of branches is permitted. Prune branches to branch nodes only. • Pruning deadwood means to remove 100% of dead twigs and branches. • The use of spurs to access trees and gas-powered pole saws (stick saws) to make pruning cuts are prohibited. • Use of ropes to lower tree sections is required in order to prevent unnecessary damage to turf, plants, adjacent trees and all street, park or facility infrastructure. • The Project Manager will determine the extent of repairs from damage as a result of tree pruning activities and repairs shall be to pre-existing conditions or better. • All depressions created as the result of operations shall be made level with existing grades using high quality topsoil and seeded or sodded. • Full site and off-site clean-up similar to conditions prior to beginning work is required. • Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility of the contractor. Special Conditions • At Project Area D, the Liberty Park location (19), 1101 Bronson Way North: Work needs to be coordinated well in advance with reconstruction of the library; dates unknown. • At Project Area D, Riverview Park location (20), 2901 Maple Valley Highway: Work needs to be coordinated well in advance with bridge construction (dates unknown) and access through a locked gate and along the Cedar River Trail. • At Project Area D, Firestation 14 location (25), 1900 Linda Avenue Southeast: Work needs to be coordinated well in advance with the fire station by the Project Manager. • Clean wood chips generated from hardwood trees can be dumped at a City designated facility. • All wood debris shall be recycled to the fullest extent possible. Awarding Bids • Bids must be submitted by Monday, March 17, 2014, 5:00 P.M. • Bids can be emailed or sent regular mail but no faxes please. You can drop your bids at Renton City Hall on the 6th Floor between 8:00 A.M. and 5:00 P.M. Monday through Friday (closed January 20, 2014). City of Renton Community Services Department 2014 Winter Urban Forestry Tree Maintenance Projects Attachment A – Scope of Work Page 3 6c. - Community Services Department recommends approval of a contract with Page 38 of 132 •Award will be evaluated first by the lowest responsive bidder. In the case of duplicate bid amounts, the bid received first by date and time shall win. Your bid must include all project areas; partial bids will be considered unresponsive. •Submit bids, emails and inquiries to the Project Manager: Terry Flatley, Urban Forestry and Natural Resources Manager Community Services Department, 6th Floor 1055 South Grady Way Renton, WA 98057 Email: tflatley@rentonwa.gov Telephone: 425-430-6600 •The attached short form contract agreement will be used to execute the work. The term of the contract will be determined with the successful bidder. Additional requirements may be requested and is dependent upon the contractor award amount. City of Renton Community Services Department 2014 Winter Urban Forestry Tree Maintenance Projects Attachment A – Scope of Work Page 4 6c. - Community Services Department recommends approval of a contract with Page 39 of 132 City of Renton - Community Services Department 2014 Winter Urban Forestry Tree Maintenance Project January 13, 2014 Page 1 of 2 Project Area Project Area Address Tree No.Species Size (DBH)Treatments Unit Costs State Sales Tax Total Costs Description D City Park or Facility Locations 19 Liberty Park, 1101 Bronson Way N.65 Cottonwood 58 Remove/low stump/treat Protect site from Damage 66 Cottonwood 46 Pruning to remove dead/broken/inspect 67 Cottonwood 49 Remove/low stump/treat 68 Bigleaf maple 36 Pruning for clearance/dead/broken/hanging/building 69 Cottonwood 18 Remove/low stump/treat east side of library 70 Cottonwood 58 Remove/low stump/treat east side of library 20 Riverview Park, 2901 Maple Valley Highway 71 Cottonwood 46 Remove/stump grind NW corner of meadow 72 Cottonwood 46 Remove/stump grind 70' east of bridge 73 Cottonwood 56 Remove/stump grind East of #72 74 Cottonwood 43 Ivy removal East of #73 75 Cottonwood 40 Remove/stump grind East of #74 76 Cottonwood 42 Remove/stump grind (multiple stemmed)East of 2nd bench 77 Cottonwood 20 Pruning to remove 12" diameter branch 78 Cottonwood 30 Ivy removal East of #77 79 Cottonwood 25 Pruning for clearance/dead/broken/hanging/building East of #78 at table 80 Bigleaf maple 22 Remove/low stump NE of last picnic table 81 Bigleaf maple 36 Remove/low stump 100' east of east table 82 Cottonwood 14 Remove/stump grind SW #71 21 Heritage Park, 233 Union Avenue NE 83 Douglas fir 20 Remove/wildlife this tree 84 Douglas fir 13 Remove/wildlife this tree 85 Douglas fir 24 Remove/wildlife this tree 86 Douglas fir 20 Fallen, hung up, place on ground 87 Douglas fir 12 Remove/low stump 22 Cascade Park, 16165 126 Ave. SE 88 Cottonwood 18 Pruning for dead/broken/hanging/building clearance 89 Cottonwood 21 Pruning for dead/broken/hanging/building clearance 90 Cottonwood 28 Pruning for dead/broken/hanging/building clearance 91 Cottonwood 22 Remove/low stump/treat 92 Cottonwood 29 Pruning for dead/broken/hanging/building clearance 93 Cottonwood 27 Pruning for dead/broken/hanging/building clearance 23 Windsor Hills Park, 432 Windsor Way NE 94 Bigleaf maple 22 Remove/low stump Across from 2307 NE 4 Street; east of pole #21 24 Unnamed Natural Area, 11046 SE 187 Ct.95 Cottonwood 32 Prune to remove dead/dying/hanging/broken branches 96 Cottonwood 22 Remove tree/grind stump 97 Red alder 14 Remove tree/low stump 98 Red alder 14 Remove tree/grind stump 99 Red alder 15 Remove tree/grind stump 100 Douglas fir 16 Remove tree/grind stump6c. - Community Services Department recommends approval of a contract with Page 40 of 132 City of Renton - Community Services Department 2014 Winter Urban Forestry Tree Maintenance Project January 13, 2014 Page 2 of 2 Project Area Project Area Address Tree No.Species Size (DBH)Treatments D 24 Unnamed Natural Area, 11046 SE 187 Ct. (cont'd)101 Cottonwood 15 Pruning for dead/broken/hanging/building clearance 102 Red alder 17 Remove tree/grind stump 103 Red alder 17 Remove tree/grind stump 104 Red alder 18 Remove tree/grind stump 105 Red alder 15 Remove tree/grind stump Multistemmed 106 Cottonwood 15 Pruning for dead/broken/hanging/building clearance 107 Cottonwood 16 Pruning for dead/broken/hanging/building clearance 25 1900 Lind Avenue SE, Firestation 14 108 American beech 10 Pruning for dead/broken/hanging/building clearance Map No. 1 109 American beech 11 Pruning for dead/broken/hanging/building clearance 2 110 American beech 7 Pruning for dead/broken/hanging/building clearance 3 111 Amur maple 3 Remove/grind stump 4 112 American beech 8 Pruning for dead/broken/hanging/building clearance 5 113 Incense Cedar 13 Remove/grind stump 6 114 Incense Cedar 16 Pruning for dead/broken/hanging/building clearance 7 115 American beech 8 Pruning for dead/broken/hanging/building clearance 8 116 Akebono cherry 4 Remove/grind stump 9 117 Incense Cedar 11 Pruning for dead/broken/hanging/building clearance 10 118 Callery pear 9 Remove/grind stump/soil/seed 23 119 Incense Cedar 17 Pruning for dead/broken/hanging/building clearance 24 120 Callery pear 9 Pruning for dead/broken/hanging/strucuture 25 121 Callery pear 8 Pruning for dead/broken/hanging/strucuture 27 122 Callery pear 8 Pruning for dead/broken/hanging/strucuture 28 123 Callery pear 9 Pruning for dead/broken/hanging/strucuture 29 124 Akebono cherry 8 Pruning for dead/broken/hanging/strucuture 30 125 Akebono cherry 5 Remove/grind stump/soil/seed 33 126 Akebono cherry 3 Remove/grind stump/soil/seed 35 127 Akebono cherry 2 Remove/grind stump/soil/seed 36 128 Akebono cherry 3 Remove/grind stump/soil/seed 37 129 Akebono cherry 2 Remove/grind stump/soil/seed 38 130 Callery pear 2 Remove/grind stump/soil/seed 39 131 Amur maple 2 Remove/grind stump 41 132 Incense Cedar 0 Grind stump/soil/seed 446c. - Community Services Department recommends approval of a contract with Page 41 of 132 6c. - Community Services Department recommends approval of a contract with Page 42 of 132 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Senior Activity Center Parking Lot Lighting Meeting: REGULAR COUNCIL - 15 Sep 2014 Exhibits: Issue Paper Contract Agreement with Attachment A Submitting Data: Dept/Div/Board: Community Services Staff Contact: Todd Black, x-6571 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ 134,559.83 Transfer Amendment: $20,000.00 Amount Budgeted: $ 133,149.00 Revenue Generated: $N/A Total Project Budget: $ 134,559.83 City Share Total Project: $ 154,559.83 SUMMARY OF ACTION: The Senior Activity Center parking lot lights are inadequate to safely light the exterior spaces. There are too few fixtures, and the lights use outdated lighting high pressure sodium, leaving many dark spaces in the parking areas. The new fixtures will more than double the total number of light fixtures, and will also include bollard lights along key pathways. The new lights will be LEDs, (light emitting diodes), which emit an even white light, and will provide a reduction in energy costs, and significantly reduce maintenance costs. Transportation Systems, Inc. submitted the low quote of three quotes obtained from the small works roster. The contract with Transportation Systems, Inc. is for $134,559.83. In addition, Community Services requests a budget adjustment to fund the cost of this contract. The budget adjustment is in the amount of $20,000 from the Boundary, Topographic & Site Survey fund, to make up the difference of $1,410.83 in available funding and provide for a construction contingency. There is currently $32,789.00 in the fund, and all projects have been completed for 2014. Funding for the Senior Center Parking Lot lighting project will be under account number: 316.332023.020.594.76.63.000 Capital Improvement Program - Major Maintenance; Light System Upgrades. It is recommended that a budget adjustment of $20,000.00 for this project come from account number: 316.332025.020.594.76.63.000 Capital Improvement Program - Major Maintenance; Boundary, Topographic & Site Survey. STAFF RECOMMENDATION: Approve the construction contract between the City of Renton and Transportation Systems, Inc. in the amount of $134,559.83 and authorize the Mayor and City Clerk to execute the contract. Authorize the budget adjustment of $20,000.00. 6d. - Community Services Department recommends approval of a contract with Page 43 of 132 1 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:September 15, 2014 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) Todd Black, Capital Project Coordinator (x-6571) SUBJECT:Renton Senior Activity Center Parking Lot Lighting Project ISSUE: Should the construction contract for new parking lot lighting be awarded to Transportation Systems, Inc. in the amount of $134,559.83, and include an authorization for a budget adjustment of $20,000.00? RECOMMENDATION: Staff recommends approval of the construction contract between the City of Renton and Transportation Systems, Inc. in the amount of $134,559.83, and authorization of the budget adjustment of $20,000.00. The adjusted 2014 Capital Investment Program (CIP) budget for Light System Upgrades is $133,149.00. In order to increase funds to the contract amount and provide a construction contingency, staff recommends the budget adjustment and use of $20,000.00 from the 2014 Boundary, Topographic & Site Survey CIP fund (316.332025.020.594.76.63.000). BACKGROUND SUMMARY: The parking lot lights at the Senior Activity Center were installed when the Center was constructed in 1979. With age and the growth of the landscape, the lighting is inadequate to safely light the exterior spaces. There are too few fixtures, and the lights are outdated high pressure sodium, which emit a pale yellow light, leaving many dark spaces in the parking lot. The new fixtures will more than double the numbers of fixtures, and will also include pedestrian- scaled bollard lights near the front of the building. In addition, the new lights will be LEDs (light emitting diodes), which emit an even white light, and will provide a reduction in energy costs, and significantly reduce maintenance costs. The quote opening was on August 21, 2014. Three quotes were submitted through the city’s electronic small works roster, and Transportation Systems, Inc. was the low quote. Staff has reviewed the quote for completeness, inclusion of all required forms, mathematical correctness of the quote, and reference checks. All of the paperwork is in order. 6d. - Community Services Department recommends approval of a contract with Page 44 of 132 Don Persson, Council President Renton City Council Members Page 2 of 2 September 15, 2014 Staff proposes to accept the quote of $134,559.83. The majority of the funding for the Senior Activity Center Parking Lot lighting project will be under account number: 316.332023.020.594.76.63.000 Capital Improvement Program – Major Maintenance; Light System Upgrades It is recommended that additional funding of $20,000.00 for the Senior Activity Center Parking Lot lighting project to cover the $1,450.83 shortfall and provide a construction contingency be transferred from account number: 316.332025.020.594.76.63.000 Capital Improvement Program – Major Maintenance; Boundary, Topographic & Site Survey There is a balance of $32,798.00 in this account, and all projects have been completed for 2014, leaving a balance that staff wishes to utilize for the Senior Activity Center parking lot lights. CONCLUSION: Awarding the contract to the lowest responsive contractor, Transportation Systems, Inc., allows the City to move forward with replacing the outdated parking lot lights to increase public safety, provide better overall lighting, with a decrease in energy and maintenance costs. Cc:Jay Covington, Chief Administrative Officer Iwen Wang, FIT Administrator 6d. - Community Services Department recommends approval of a contract with Page 45 of 132 6d. - Community Services Department recommends approval of a contract with Page 46 of 132 6d. - Community Services Department recommends approval of a contract with Page 47 of 132 6d. - Community Services Department recommends approval of a contract with Page 48 of 132 6d. - Community Services Department recommends approval of a contract with Page 49 of 132 6d. - Community Services Department recommends approval of a contract with Page 50 of 132 6d. - Community Services Department recommends approval of a contract with Page 51 of 132 6d. - Community Services Department recommends approval of a contract with Page 52 of 132 6d. - Community Services Department recommends approval of a contract with Page 53 of 132 6d. - Community Services Department recommends approval of a contract with Page 54 of 132 6d. - Community Services Department recommends approval of a contract with Page 55 of 132 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Regional Coordination Framework and Agreement Meeting: REGULAR COUNCIL - 15 Sep 2014 Exhibits: RCF Agreement Regional Coordination Framework Resolution Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Deborah Needham Recommended Action: Council concur. Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The Regional Coordination Framework is a document describing how King County governments, non- profits, private sector companies, and tribal nations coordinate together during disaster response. The associated Agreement specifies the legal conditions which apply to the sharing of resources and financial compensation when the Agreement is invoked. The Agreement and Framework are voluntary and augment rather than replace mutual aid agreements. Adopting the resolution to become a signatory partner will facilitate regional coordination during a disaster. STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to sign the Regional Coordination Framework and associated Agreement. 6e. - Fire & Emergency Services Department recommends approving a Page 56 of 132 Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington 6e. - Fire & Emergency Services Department recommends approving a Page 57 of 132 Page 2 Regional Coordination Framework for Disasters and Planned Events February 2014 Emergency Management Partners, As we arrive at another milestone in our regional planning efforts here in King County, we would like to share a brief look back on the cornerstone efforts of the ‘Regional Disaster Plan’ and its notable history. It is reality that disasters do not respect jurisdictional boundaries, let alone economic environments. Our citizens throughout King County expect the public, private, non-profit and tribal entities to work together in responding to and recovering from a disaster. Geographical King County is 2,134 square miles of diverse terrain with over 1.9 million people, 39 cities, over 120 special purpose districts, two tribal nations, and over 700 elected officials. With our population density, complex system of governance, and significant hazards we face, disasters present the need to plan for a coordinated response among governments, non-profits and businesses. In 1998, elected officials from Seattle, Suburban Cities and King County passed a motion (#10566) to initiate the planning efforts of a ‘regional response plan and mechanism to share resources.’ That effort was pioneering new territory by establishing a cooperative and voluntary platform linking private businesses, non-profit organizations, government agencies, and special purpose districts. Through collaborative planning and participation, hundreds of entities can behave in a coordinated manner, provide assistance to each other and maintain their authority. The King County Office of Emergency Management (KCOEM) began the ‘regional planning’ effort in 1999 and formed the Regional Disaster Planning Task Force (now the Regional Disaster Planning Work Group). Any and all partnering disciplines, agencies and organizations were invited to the table and actively participated in taking the ground breaking steps to create the ‘Regional Disaster Plan for Public and Private Organizations in King County.’ Over a two-year period many meetings were held, numerous ideas and concepts discussed and debated, and multitudes of briefings and updates all contributed to a collaborative and transparent regional planning process. Throughout the process the multi-disciplinary groups representing King County Emergency Management Advisory Committee (EMAC) and the King County Regional Policy Committee were briefed and engaged. By early 2001, a Basic Plan and legally vetted ‘Omnibus Legal and Financial Agreement’ were completed, and then… September 11th occurred. All of us found ourselves in a new era. Our view of the world changed significantly post September 11th and we collectively recognized the need to be even more collaborative in our emergency management efforts. Even the largest of cities would not be able to do it alone. The cumulative efforts of all those engaged partners had moved the regional plan from a concept to the reality of an actual plan ready for signature and implementation. In January 2002, with EMAC endorsement, the EMAC Chair Barb Graff (City of Bellevue Emergency Management) and Co-Chair Bill Wilkinson (Port of Seattle) initiated the inaugural promulgation of the ‘Regional Disaster Plan for Public and Private Organizations in King County.’ By December 2002, 99 cities, fire districts, businesses, schools, water and sewer districts and non-profits were official signatory partners. That same year the 9-11 Commission and the National Association of Counties (NACo) formally awarded and recognized KCOEM for the regional collaboration and planning endeavor – the ‘Regional Disaster Plan.’ 6e. - Fire & Emergency Services Department recommends approving a Page 58 of 132 Page 3 Regional Coordination Framework for Disasters and Planned Events The original Regional Disaster Plan was designed using the model of the Federal Response Plan, i.e. a basic plan followed by a series of “Emergency Support Functions,” such as communications and transportation. Through the following years and various Presidential Directives (transitions to the National Response Plan and the National Incident Management System), the Regional Disaster Planning effort continued to engage regional partners from public, private, non-profit and tribes and alternations were made to keep the Plan current. Additional promulgations occurred with Plan updates and more signatory partners joined. With the last official promulgation and signatory process in March 2008, and with continued interest since then, there are currently 145 signatories. Over time partners and the region have matured with additional focused planning efforts (mass care, evacuation, regional catastrophic, etc.), putting the Regional Disaster Plan in a good position to evolve. After over a year’s work of transformation, the Plan (along with the associated Agreement, which is the legal and financial document addressing sharing of resources; formerly the ‘Omnibus’) are in a new state. Embodying again true regional coordination, the Plan has transitioned to a new format: ‘Regional Coordination Framework for Disasters and Planned Events.’ In a streamlined form, the new Framework (like the former Plan) facilitates a systematic, coordinated, and effective response to multi-agency or multi-jurisdictional disasters or planned events that occur within the geographic boundaries of King County. By leveraging existing plans, the Framework focuses on five key areas of coordination:  Direction and Coordination  Information Collection, Analysis and Dissemination  Public Information  Communications  Resource Management All emergency management partners will be provided the opportunity to review and comment on this new and fresh Framework through an identified process. The goal is to roll out the Framework and Agreement to all partners in January 2014 for official promulgation and signature. Regional Disaster Planning Work Group and EMAC members will be active in informing and promoting the intent and benefits of the Framework and Agreement. The efforts put forth by the Work Group have been well coordinated, and the EMAC has been kept apprised and has advised as needed. We look forward to your agency and organization officially joining in supporting this Framework. Through this Framework, together we can assist one another in a more coordinated response, which will ultimately assist in the quicker recovery of our communities and economy. Sincerely, Dominic Marzano, Chair Gail Harris, Vice Chair City of Kent Emergency Management City of Shoreline Emergency Management 6e. - Fire & Emergency Services Department recommends approving a Page 59 of 132 Page 4 Regional Coordination Framework for Disasters and Planned Events Emergency Management Advisory Committee (EMAC) This page intentionally left blank. 6e. - Fire & Emergency Services Department recommends approving a Page 60 of 132 Page 5 Regional Coordination Framework for Disasters and Planned Events Log of Changes Date of Change Description of Change Page # 6e. - Fire & Emergency Services Department recommends approving a Page 61 of 132 Page 6 Regional Coordination Framework for Disasters and Planned Events Introductory Materials Promulgation The Regional Coordination Framework (formerly the Regional Disaster Plan) is intended to embody the true essence of regional collaboration and coordination. From its inception in 1998, by King County Motion #10566, this regional plan “... allows for shared resources and cooperation within existing capabilities and is consistent with emergency management priorities established by the governing body of each jurisdiction, special district, organization or appropriate agency.” The value of the Framework that is that the organizational networking and administrative workload can be coordinated in advance of a disaster, thus expediting the response capability from partner to partner and throughout the region. Approval and Implementation The Regional Disaster Planning Work Group (RDPWG) is the inter-jurisdictional and multi-disciplinary group responsible for developing, enhancing, and maintaining the Regional Coordination Framework. The RDPWG consists of representatives from regional partners and serves as a subcommittee to the King County Emergency Management Advisory Committee (EMAC), which in turn serves as an advisory entity to the King County Executive and the King County Office of Emergency Management (OEM). All emergency management partners are included and encouraged to participate throughout the review and vetting process. Modifications to the Framework and its related documents are shared and distributed to all partners. Ongoing reviews and feedback shall occur routinely. When Framework modifications have been vetted through the RDPWG and initial review conducted by partners, the RDPWG Chair/Co-Chair will present them to EMAC for review and endorsement. In accordance with King County Motion #10566, “Any draft regional plan proposed by the Emergency Management Advisory Committee (EMAC) should be submitted through each jurisdiction, special district, organization, or appropriate agency governing body for review and comment.” Therefore, all updated documentation is presented for ‘Open Comment’ for at least 30 days. Emergency management partners are responsible for reviewing and vetting through their internal channels for any concerns and/or issues. Those concerns and/or issues that arise may be documented and sent to the King County Office of Emergency Management. All comments will be reviewed and addressed by the RDPWG, which will in turn recommend amendments and/or changes to EMAC for consideration and recommendation. 6e. - Fire & Emergency Services Department recommends approving a Page 62 of 132 Page 7 Regional Coordination Framework for Disasters and Planned Events The RDPWG holds open meetings, keeps all partners apprised of work and products, and provides reports to EMAC. According to King County Motion #10566, the RDPWG in coordination with EMAC, will “…report to the regional policy committee periodically on its progress in developing the plan, and bring forward to the regional policy committee significant policy issues arising in the process.” Distribution EMAC will formally endorse the Framework and associated Agreement, and through their ‘letter of endorsement,’ begin encouraging adoption by partners (public, private, non-profit) within their respective jurisdiction, agency and/or organization. The King County Office of Emergency Management will be responsible for collecting, gathering and maintaining the emergency contact information for participating partners as well as the signatory sheets for those partners who are signatory to this Framework’s associated Agreement. In recognition of the expanding nature of this Framework and the partnerships it encourages, a comprehensive distribution list cannot be provided within this document. Please visit the King County Office of Emergency Management website for a full and current listing of partners to the Regional Coordination Framework and signatories to the associated Agreement. http://www.kingcounty.gov/safety/prepare/EmergencyManagementProfessionals.aspx 6e. - Fire & Emergency Services Department recommends approving a Page 63 of 132 Page 8 Regional Coordination Framework for Disasters and Planned Events Table of Contents I. Purpose, Scope, Situation Overview and Assumptions ............................................................. 9 II. Concept of Operations ................................................................................................................... 11 III. Responsibilities ............................................................................................................................... 14 IV. Direction and Coordination ........................................................................................................... 18 V. Information Collection, Analysis, and Dissemination ................................................................ 21 VI. Public Information ........................................................................................................................... 23 VII. Communication ............................................................................................................................... 26 VIII. Administration, Finance, and Logistics........................................................................................ 28 IX. Document Development and Maintenance ................................................................................ 31 X. Terms and Definitions .................................................................................................................... 33 XI. Authorities and References ........................................................................................................... 35 6e. - Fire & Emergency Services Department recommends approving a Page 64 of 132 Page 9 Regional Coordination Framework for Disasters and Planned Events I. Purpose, Scope, Situation Overview and Assumptions Purpose The Regional Coordination Framework for Disasters and Planned Events facilitates a systematic, coordinated, and effective response to multi-agency or multi-jurisdictional disasters or planned events that occur within the geographic boundaries of King County, Washington. It provides a framework whereby cooperative relationships can be formed among public, private, tribal and non-profit organizations in order to accomplish this common goal. Through the implementation of this framework, the resources and capabilities of the public, private, tribal and non -profit sectors can be more efficiently utilized to minimize the loss of life and property and to protect the environmental and economic health within King County. The Regional Coordination Framework is a voluntary guide to regional response and short term recovery actions. Signatory partners are those organizations from the public, private, tribal, and non-profit sectors in geographic King County that are committed to working together in accordance with this framework and have signed the associated Agreement. There is no preferential treatment or priority given to those partners who are signatory to the Agreement versus those who are not. The benefit of being a signatory partner to the RCF and the Agreement is to save time during a disaster by having decision making authority for jurisdictions already in place and on file. Scope The RCF applies to any disaster or planned event that concurrently challenges multiple jurisdictions or multiple disciplines within King County or affects a single entity to such a degree that it relies upon external assistance. The Framework and the associated Agreement are intended to be utilized in conjunction with other state and local emergency plans, including but not limited to mutual aid agreements such as the Intra- state Mutual Aid System (within Washington State), the Emergency Management Assistance Compact (state-to-state), other public, non-governmental organization, tribal, or private sector agreements, and the Pacific Northwest Emergency Management Arrangement (States of Alaska, Idaho, Oregon and Washington and the Province of British Columbia). The Framework addresses strategic response activities and allocation of incoming scarce resources for those disasters or planned events where normal emergency response processes and capabilities become overtaxed, or where there is a need for regional coordination of response operations shared situational awareness and coordinated public information due to the complexity or duration of the disaster(s). The 6e. - Fire & Emergency Services Department recommends approving a Page 65 of 132 Page 10 Regional Coordination Framework for Disasters and Planned Events associated Agreement articulates the financial aspects of voluntarily participating in accordance with the Framework. Although the focus is on disaster response, the Framework assumes future coordinated efforts to address regional protection, mitigation, preparedness, and recovery issues. Likewise, while relationships with other counties and neighboring jurisdictions are not specifically included in this Framework, they are not precluded from participating as a partner. The framework describes five key areas of coordination:  Direction and Coordination  Information Collection, Analysis and Dissemination  Public Information  Communications  Resource Management Situation Overview Disasters and planned events can present unique challenges to the public and private sectors for the efficient and effective use of resources, the protection of lives and property, the protection of the regional economy, and the preservation of the environment or other essential functions. Natural or human-caused hazards may have impacts sufficient to require partners to seek assistance or manage emergency resources and supplies through use of this Framework. Specific information about natural or human-caused hazards may be accessed from emergency management jurisdictions. Planning Assumptions  No perfect response is implied by the availability of this framework  Local, regional, and state resources may not be sufficient to respond to all needs in a timely fashion  Damages to regional infrastructure may result in unreliable communications and slow delivery or distribution of requested resources  Impacts to some partners may require assistance from other partners, adjacent counties, the State of Washington, Emergency Management Assistance Compact partners, or the Federal Government and other entities  Emergencies may require the establishment and/or multi-jurisdictional coordination of emergency actions  Participation in the Regional Coordination Framework is voluntary 6e. - Fire & Emergency Services Department recommends approving a Page 66 of 132 Page 11 Regional Coordination Framework for Disasters and Planned Events  Acquisition, use, and return of resources as well as the reimbursement for those resources are guided by the associated Agreement  Regional policy decision-making participants will vary from disaster to disaster  All partners will comply with federal, state, and local legal obligations  The King County Office of Emergency Management (KCOEM) will serve as the lead for regional emergency management activities. KCOEM will activate the Regional Communications and Emergency Coordination Center (RCECC) in support of disaster response or planned event coordination, during which the RCECC will be the focal point for information sharing and regional resource coordination  First responders will continue to be directed by their incident commanders  Each partner will retain its own internal policies, processes, authorities, and obligations and organize and direct its internal organization continuity II. Concept of Operations In the event of a disaster or planned event requiring central coordination at the RCECC, operational authority will remain with partners and local incident commanders. Local procedures will be followed and Emergency Operations Centers or Emergency Coordination Centers (EOCs or ECCs) staffed in accordance with partner plans. Procedures governing internal actions will be maintained by the partner. All necessary decisions affecting response, protective actions, and advisories will be made by those officials under their existing authorities, policies, plans, and procedures. Use of and adherence to the Regional Coordination Framework is voluntary. The Framework provides a structure for disaster response operations that:  Uses geographic divisions or zones of the county to: o Facilitate coordination of information sharing o Assist in the management of resource request processes, prioritization and tracking  Provides centrally coordinated emergency functions within the region utilizing the King County RCECC  Provides a mechanism for regional policy decision-making  Augments existing mutual aid agreements by providing pre-designated legal and financial ground rules for the sharing of resources  Is consistent with the National Incident Management System (NIMS) and is based on the Incident Command System (ICS) 6e. - Fire & Emergency Services Department recommends approving a Page 67 of 132 Page 12 Regional Coordination Framework for Disasters and Planned Events Figure 1: King County Emergency Coordination Zones (2012) Geographic Divisions Predetermined geographic divisions of the County have facilitated efficient preplanning efforts as well as the sharing of information and coordination of priorities, operations, and application of resources during a disaster or planned event. The three Regional Emergency Coordination Zones correlate to the existing King County Fire Zones are (see Figure 1):  Emergency Coordination Zone 1 – North and East King County  Emergency Coordination Zone 3 – South King County  Emergency Coordination Zone 5 - the City of Seattle Each Zone may develop protocols and procedures for carrying out inter- and intra-zone coordination and response functions. During the response to a disaster or planned event, these zone coordination functions may operate through a Zone Coordinator from the King County RCECC or in a decentralized location. Organizations that provide services throughout geographic King County (“regional service providers”) may not have the resources to coordinate their service delivery and response activities directly with all three Emergency Coordination Zones simultaneously. Instead, these regional service providers may provide a single point of coordination through the King County RCECC. Examples of regional service providers include: public health/medical, banking and finance, energy, transportation, information 6e. - Fire & Emergency Services Department recommends approving a Page 68 of 132 Page 13 Regional Coordination Framework for Disasters and Planned Events and telecommunications, agriculture, emergency services, chemical industry, food, water, etc. Regional service providers may provide a representative directly to the affected zone and/or the King County RCECC. Central Coordination Where central coordination of regional emergency actions is needed, the King County RCECC may provide a location from which to coordinate. In accordance with the National Response Framework, the King County RCECC utilizes a hybrid response organization that embeds subject matter experts into the Incident Command System structure through Emergency Support Functions (ESFs). The ESFs, listed below, represent fifteen broad categories that enable subject matter expertise, like resources, and similar capabilities to be aligned into groups to aid coordination. ESF 1 – Transportation ESF 2 – Communications ESF 3 – Public Works & Engineering ESF 4 – Fire Response ESF 5 – Emergency Management ESF 6 – Mass Care, Housing, & Human Services ESF 7 – Resource Management ESF 8 – Public Health, Medical and Mortuary Services ESF 9 – Search & Rescue ESF 10 – Oil & Hazardous Materials ESF 11 – Agriculture & Natural Resources ESF 12 – Energy ESF 13 – Public Safety & Security ESF 14 – Recovery ESF 15 – External Affairs ESF 20 – Military Support to Civil Authorities In its role as an Emergency Coordination Center, the King County RCECC facilitates operational response at the regional level and supports operational response activities that are managed at the local level; the RCECC does not make operational decisions for local jurisdictions or partners unless specifically requested. Rather, the RCECC facilitates regional support activities that have been developed collaboratively amongst the appropriate stakeholders, represented through the ESFs and Zone Coordinators. When the RCECC has been activated, Zone Coordinators and regional service providers may coordinate their efforts from the King County RCECC , via their respective ESF Coordinator, the EOC/ECC of their local emergency management jurisdiction or most impacted partner. Coordination between regional service providers and partners may be from locations remote to the RCECC by electronic means. Healthcare organizations will coordinate through the Northwest Healthcare Response Network, which will in turn coordinate with emergency management jurisdictions through ESF 8 , Public Health, Medical and Mortuary Services. 6e. - Fire & Emergency Services Department recommends approving a Page 69 of 132 Regional Coordination Framework Page 14 Regional Coordination Framework for Disasters and Planned Events When the RCECC has not been staffed by ESFs, partners will continue to coordinate with other partners, contractors, or mutual aid partners and will brief their local EOC/ECC or emergency management office (with emergency management jurisdiction as defined in RCW 38.52) and the King County Office of Emergency Management (KCOEM) Duty Officer if appropriate,. Partners should establish a relationship with their local emergency management jurisdiction in advance. Once the RCECC has been activated, the RCECC will be contacted through the main RCECC email, radio talk group, or phone number. Information and resource requests will be directed to the most appropriate combination of zone coordinator(s), logistics, planning, or operations (ESFs) sections for their actions. The King County RCECC Regional Communications and Emergency Coordination Center (KC RCECC) facility is located at 3511 NE 2nd Street, Renton, Washington, 98056. Transition from regional response to regional long-term recovery Response efforts at the RCECC entail the immediate actions needed to protect lives and safety of the population, protect or affect temporary repairs to infrastructure, and protect property or the environment. Long-term recovery includes permanent repair, relocation, or replacement of that infrastructure or property. Long-term recovery may take months or many years depending on the nature of impacts. Long-term recovery and potential federal assistance to tribal nations, the public and private sectors is governed by the Stafford Act and other documents with specific terms including the Code of Federal Regulations and Treaties. A separate document addresses regional long-term recovery. III. Responsibilities In accordance with Ordinance 17075, King County Government has the responsibility to foster cooperative planning within regional concepts to its emergency mitigation, preparedness, response, and recovery efforts and to serve as the coordinating entity for cities, county governmental departments and other appropriate agencies during incidents and events of regional significance. In addition, King County shall enter into mutual aid agreements in collaboration with private and public entities in an event too great to be managed without assistance. When an emergency impacts regional King County, the King County RCECC and local EOCs or ECCs may be staffed to address the consequences of the emergency impacts to the public, government, and regional partners or to support regional first responders. 6e. - Fire & Emergency Services Department recommends approving a Page 70 of 132 Regional Coordination Framework Page 15 Regional Coordination Framework for Disasters and Planned Events This section of the framework introduces the concept of a regional coordination process that may be needed to enact emergency powers, suspend or limit civil liberties, coordinate executive decisions, determine strategies for the allocation of scarce resources or transition into long term recovery. The diagram below describes the structure and relationship of regional organizations in response. Also, see Direction and Coordination as well as the Terms and Definitions at the end of this framework. All Signatory Partners will:  Identify an Emergency Point of Contact  Work with their authorized emergency agency in their operations or coordination centers as identified under RCW 38.52.070  Develop, maintain, and utilize internal emergency plans and procedures  Direct information and resource communications to their local Emergency Operations or Coordination Center, or the RCECC Section as appropriate  Equip and train a workforce to sustain emergency operations  Participate in the development of this framework  Seek and secure mutual aid documentation  Abide by the caveats of the this Framework’s associated Agreement  Request regional decision-making on policy issues as needed The mechanism for regional policy coordination:  Collaboration on the execution of emergency powers, suspension or limitation of civil liberties  Collaboration to establish strategic priorities for the allocation of limited resources in support of King County strategic goals and regional objectives  Communicate with partners and the general public directly or to the public through the RCECC Joint Information Center (JIC) Elected and Appointed Officials will:  King County Executive will Serve as the facilitator of the mechanism for regional policy decision-making  Establish and work through their authorized Emergency Operations or Coordination Centers  Utilize their established emergency and continuity plans  Identify Emergency Points of Contact for the jurisdiction with full authority to commit or request resources, personnel, and make decisions on behalf of the jurisdiction 6e. - Fire & Emergency Services Department recommends approving a Page 71 of 132 Regional Coordination Framework Page 16 Regional Coordination Framework for Disasters and Planned Events  Work with and through their designated emergency managers for resource needs that cannot be filled within their jurisdiction, mutual aid agreements, available private sector sources, or within the emergency management zone  Coordinate with private sector partners through their designated EOC or ECC  Issue emergency proclamations and implement authorized emergency powers  Coordinate selection and implementation of emergency powers through the mechanism for regional policy decision-making  Abide by the caveats of the this Framework’s associated Agreement RCECC Incident Manager will:  Direct RCECC coordination activities  Recommend formation of and composition of a mechanism for regional policy decision-making  Keep the those involved with regional policy decision-making informed of policy issues, incident coordination and progress  Communicate regional policy decisions to the RCECC staff  Recommend and have drafted a County emergency proclamation as needed  Work with and direct the Joint Information Center and functional sections of the activated RCECC  Host Zone Coordinators and regional partners as liaisons to the RCECC  Establish and adjust regional objectives, identify policy issues, and allocate resources with input from Zone Coordinators and regional service providers  Facilitate regional situational awareness, Common Operation Picture and information sharing with regional partners and the public  Facilitate an effective and efficient resource management process RCECC Joint Information Center will:  Communicate information to the public and partners that may affect their lives, safety, health, property, or services  Implement a Joint Information System to assist in coordinating public information Zone Coordinator(s) may:  Represent the cities within their designated zone in the RCECC  Collect and communicate information to the RCECC and the Incident Manager  Collaborate with the Incident Manager to establish and adjust regional objectives, identify policy issues, and allocate resources  Direct partner representatives to seek resources within their zone before forwarding requests to the RCECC 6e. - Fire & Emergency Services Department recommends approving a Page 72 of 132 Regional Coordination Framework Page 17 Regional Coordination Framework for Disasters and Planned Events  Request regional decision-making on policy issues with notice to the emergency managers  Maintain situation awareness on needed policy issues and resource requests  Make limited operational decisions on behalf of their designated zone  Facilitate information sharing between RCECC and Zone RCECC Sections will:  Develop situational awareness and support information sharing throughout the region and up to the state.  Receive, allocate, track resource issues from county departments and regional partners. Any resources that cannot be provided from within the geographic county shall be attained via contract or forwarded onto the state for action.  Manage and retain documentation in support of the incident.  Serve as network control for regional radio communications between regional Emergency Operations or Coordination Centers Local Authorized EOCs and ECCs will:  Work within their organization’s and zone’s resources and capabilities before requesting resources from the RCECC  Communicate resource requests to the RCECC Logistics Section and their Zone Coordinator in the RCECC when availability within their zone has been exhausted  Include private sector, non-governmental sector, and tribal nations in local EOC decisions, information sharing and resource management  Utilize the appropriate mechanism for resource requests to the RCECC  Support the functions and protocols established in this framework  Have or can quickly get the authority to commit available equipment, services, and personnel to the (borrowing) organization  Participate in decision making conference calls or physical meetings as appropriate and conditions allow Emergency Contact Points will:  Be in an established line of succession that includes names, addresses, and 24 - hour phone numbers for each partner  Make emergency contact information available to regional partners, King County OEM, and the RCECC when staffed  Have or can quickly get the authority to commit available equipment, services, and personnel to the (borrowing) organization 6e. - Fire & Emergency Services Department recommends approving a Page 73 of 132 Regional Coordination Framework Page 18 Regional Coordination Framework for Disasters and Planned Events  Participate in decision-making conference calls or physical meetings as appropriate and conditions allow Resource Lenders will:  Make available such resources as will not deter the Lender of the ability to continue efforts toward its own response objectives  Abide by the conditions described in the this Framework’s associated Agreement Resource Borrowers will:  First seek and exhaust access to resources within their organizational authority  Seek mutual aid and commercial resources within their emergency management zone  Request resources through the King County RCECC in accordance with the this Framework’s associated Agreement State of Washington will:  Seek and accept damage reports and situation reports from the King County RCECC  Accept and process resource requests received from the King County RCECC  Seek sources of assistance to fill regional King County logistical needs  Proclaim a state of emergency, if warranted Federal government will:  Provide response assistance to the State of Washington as available and requested under a state proclamation of emergency  Direct appropriate federal agencies to lend assistance to the State of Washington where possible  As appropriate, declare a state of emergency in support of response and recovery from the impacts of an emergency in Washington State and/or to regional tribal nations IV. Direction and Coordination The Regional Coordination Framework does not carry the authority of code. It is a voluntary agreement between partners to the Regional Coordination Framework and the associated Agreement and any annexes that may be crafted for the benefit of the region. King County and each authorized emergency management agency within King 6e. - Fire & Emergency Services Department recommends approving a Page 74 of 132 Regional Coordination Framework Page 19 Regional Coordination Framework for Disasters and Planned Events County are required to have, maintain, and implement their own emergency plans in accordance with Revised Code of Washington (RCW) 38.52. Similarly, other public entities, private sector, non-governmental organizations (NGOs), and tribal nations may maintain plans that describe how they will direct and manage emergencies within their scope of authority. The National Incident Management System (NIMS), National Response Framework and King County Ordinance 17075 are the basis for th e regional direction and coordination function described here. Purpose The purpose of this section is to identify a mechanism for regional policy decision- making, a process for policy coordination and strategies for the allocation of limited resources to regional disasters within established criteria and priorities. Situation and Scope Tactical direction and control of resources available to onsite/on scene incident commanders remains within the established organizational direction of the incident commander. See this Framework’s associated Agreement. Loaned employees remain the employees of the lending organization while under the direction of the borrowing organization during their assignment. Where regional policy decision-making is needed, elected officials may enact emergency powers, suspend or limit civil liberties, coordinate executive decisions, determine strategies for the allocation of scarce resources under proclaimed emergencies. Regional Partners may not be bound by all of the regional decisions made. Decisions may impact regional partners that are not signatories to the Framework’s associated Agreement. All political subdivisions retain the authority to direct requests for assistance to the Washington State Governor’s Office and the State Emergency Management EOC. Establishing Regional Decision-Making Regional policy decision-making may be informed by the King County Executive, Local Health Officer, the legal representative(s) of cities and tribal nations as required by the disaster and subject matters experts, as necessary. Initial coordination between impacted regional partners may occur through the initiation of a conference call by the King County RCECC, the request for such coordination by one or more Zone Coordinators, or at the request of one or more partners. Subsequent meetings, whether at the RCECC or by conference call will be scheduled and announced to all authorized emergency management agencies in sufficient time to allow maximum participation. 6e. - Fire & Emergency Services Department recommends approving a Page 75 of 132 Regional Coordination Framework Page 20 Regional Coordination Framework for Disasters and Planned Events Coordination meetings and call announcements will include representatives from authorized emergency management agencies under RCW 38.52.070 and tribal nations. The interests of private sector and non-governmental organizations should be represented by their most appropriate authorized emergency management agency. The King County Executive or designee will facilitate the meetings whether virtual or conducted at the RCECC. Partners and representatives participating in regional policy decision-making may vary from disaster to disaster depending on the experienced impacts to the region. All partner representatives must have the authority to represent their organization for consensus decision-making and commitment or request resources. Verification of personnel will be conducted internally through local EOCs or ECCs. Figure 2: Information and escalation flow for regional policy decisions Establish regional response priorities, policies, and decisions Information guiding the decision-making process will be made available to all partners prior to the conference call or physical meeting. 6e. - Fire & Emergency Services Department recommends approving a Page 76 of 132 Regional Coordination Framework Page 21 Regional Coordination Framework for Disasters and Planned Events Policy deliberations will occur between the County Executive and whichever cities and tribal nations are needed to participate in regional policy decision-making. When regional decision-making is needed, all attempts will be made to come to consensus on all decisions. General criteria for policy decisions will include doing the most good possible within each category and may include but is not limited to:  Preservation of life, safety and preservation of human health  Caring for vulnerable populations  Preservation of public infrastructure and property  Protection of the regional economy  Protection of the environment  Preservation of private property The King County Incident Manager will assign someone to document the announcement of the conference call and/or physical meeting, the participants and attendees, the agenda, decisions, next steps, and known or anticipated future conference calls or meetings times/dates and locations as may apply. Policy decisions will be communicated through local Emergency Operations and Coordination Centers and disseminated via the Joint Information System. V. Information Collection, Analysis, and Dissemination For the purposes of the Regional Coordination Framework, the collection, analysis, and dissemination of information include Situational Awareness and Public Information. Situational Awareness Situational awareness is knowing what is going on around the region, understanding what needs to be done in the region, and distributing such information to regional partners. Purpose The purpose of this section is to describe the process of how the region establishes and maintains situational awareness during regional incidents and events. This process is critical to effectively create stability, implement response, and undertake recovery within the region. With this process documented, the region will have a major component of its Common Operating Picture (COP) established. 6e. - Fire & Emergency Services Department recommends approving a Page 77 of 132 Regional Coordination Framework Page 22 Regional Coordination Framework for Disasters and Planned Events Situation and Scope Situational awareness is developed by timely and accurate information about the level of impact, resources currently utilized in the response, resources availab le to support the response, and perceived needs of the jurisdiction, partner and public. Each entity manages the information and needs specific to that entity and its area of responsibility. When entities share their specific situational awareness with each other and partners develop an understanding of each other’s impacts and needs, a Common Operating Picture (COP) is created. The development and management of situational awareness and a Common Operating Picture are vital to effective and efficient response and proactive planning on a regional level. Responsibilities It is expected that all partners (public entities, tribal nations, private sector, and non - governmental organizations) manage their own situational awareness streams. When disasters occur, impacted partners will consolidate damage and situational information with their most appropriate emergency management jurisdiction EOC or ECC. Local EOCs and ECCs will relay all appropriate information to the King County RCECC. The region’s situational awareness and Common Operating Picture are dependent on all streams of information. The County Zone Coordinators will play a pivotal role by incorporating information from their related geographic areas into the region’s COP. The King County RCECC will have the responsibility to collate these streams into a shared situational awareness as part of the region’s COP. Concept of Operations Information collection, analysis, and dissemination are critical elements that must be maintained before, during, and after a disaster. Through coordination and collaboration, KCOEM and regional partners support a regional information management strategy through all phases of emergency management with a particular emphasis on both preparedness and response to ensure a smooth transition into a response drive information management cycle. Since situational awareness is part of a larger COP, an information management cycle (often referred as a reporting cycle) will be developed to facilitate regional partners providing their information streams. The cycle will identify when information will be collected and distributed. The 24 hour cycle of the regional planning clock consists of two operational shifts within the RCECC, beginning at 0700 and 1900 respectively. In general, the RCECC will 6e. - Fire & Emergency Services Department recommends approving a Page 78 of 132 Regional Coordination Framework Page 23 Regional Coordination Framework for Disasters and Planned Events compile information and publish it in a situation report every 12 hours. Additionally, snapshots, brief updates to the more complete situation report, may be generated every three hours. Partners are expected to maintain the capability to share and receive information and to actively participate in information sharing within the region. Recognizing that not every incident will occur on a timetable to easily fit within the 24 hour planning clock established; the King County RCECC may adjust the planning clock as necessary but will always strive to attain a 0700 and 1900 cycle. One benefit of the planning clock is the pre-determined sequence of events that are necessary to best prepare for and inform critical decision making throughout the response coordination. The planning clock recognizes the importance of sequencing events where the collection and analysis of available information is followed by internal briefings, distribution of information to partners and the public, internal and external conference calls, and objective setting for future operational periods. The schedule of these information management steps recognizes the local and national media deadlines for the morning work commute (usually about 0430) and the evening commute deadline (usually about 1500). Fundamental products of situational awareness such as snapshots, situation reports, etc., are designed to represent the current situation and ultimately project the future status of an incident or event. Essential elements of information will be identified for each disaster or planned event. At a minimum the following essential elements of information will be incorporated within snapshots and situation reports:  Current situation or situation update  Availability of regional services  Local operation and coordination center activation status(es)  Impact on and response by geographic area (i.e. city or zone) or Emergency Support Function (i.e. transportation, public health, utility, etc) References  Zone 1, 3, and 5 Situation Report Templates  KC RCECC Situation Report and Snapshot Templates  King County CEMP  List of Plans-Reference to “Plans Inventory” VI. Public Information A cooperative and technically effective use of the media, Internet, social media channels, and community warning systems will provide the best chance of conveying life-safety and public awareness information to large numbers of at-risk people. 6e. - Fire & Emergency Services Department recommends approving a Page 79 of 132 Regional Coordination Framework Page 24 Regional Coordination Framework for Disasters and Planned Events Purpose The purpose of this section is to establish a regional Joint Information System (JIS) that will support emergency response through the effective development, coordination, and dissemination of emergency public information in the event of a wide -spread emergency or disaster within King County. The expected outcomes of this coordinated planning effort are intended to facilitate:  Coordinating communications between agencies, tribal nations, and organizations with the media and public for accurate and consistent messaging  Establishing a central point for information distribution on behalf of partners needing public information assistance as well as facilitating regional information coordination  Expanding the utility of electronic notification systems to include online multi- organizational systems to intentionally enhance information sharing amongst partners  Establishing and/or utilizing redundant community warning systems to ensure messaging is sent to impacted areas by the most expedient means po ssible Situation and Scope When multiple regional partners recognize a need to coordinate the distribution of emergency information to the public, a Joint Information System may provide a process for consistent messaging. A Joint Information System may include a wide range of public, private, non-governmental, or tribal partners to include partners from beyond the geographic boundaries of King County. Responsibilities All partners are invited to contribute to this communication capability. While there are some agencies, prescribed by law or designated authority, that are responsible to enact specific systems, such as the Emergency Alert System and other jurisdictional or community warning systems (i.e. reverse 911 capabilities), it is with the combined and coordinated use of all our collective communication systems that we can reach the broadest number of people with the most accurate information . Public and Tribal Entities E911 Centers in King County, The King County RCECC, Public Health - Seattle & King County, cities, special purpose districts, and Tribal EOC’s, National Weather Service, Washington State Emergency Management Division, are all 6e. - Fire & Emergency Services Department recommends approving a Page 80 of 132 Regional Coordination Framework Page 25 Regional Coordination Framework for Disasters and Planned Events examples of public sector organizations and Tribal Nations with warning and notification capabilities. These organizations use their access to electronic notification systems, websites, web based systems, reverse dialing from 911 database, social media, PIO’s, media releases, phone banks, trap lines, and volunteers who hand deliver information to disseminate and receive critical information. Private Sector Private partners can aid in warning and notification by coordinating the release of critical information or receiving information through their own internal communication processes and working within the Regional Joint Information System (see below for definition) to disseminate and receive critical information. Non-Governmental Organizations (NGOs) Non-government organizational partners also aid in reaching the more vulnerable populations that may not receive warning messages from more traditional means. Ensuring that NGOs support the receipt and dissemination of critical information is critical to meeting the needs of vulnerable community members. Concept of Operations This section assumes that regional partners will establish a public information function to provide emergency information and warning to their respective communities and constituent’s before, during, and after a disaster or planned event. This emergency information function should include the coordination of information with other affected organizations. For the purposes of the Regional Coordination Framework, we are addressing the need to coordinate for a wide scale disaster with regional impacts. Notification and Warning There are multiple warning systems that currently exist throughout all levels of government that provide alert and warning notification to governmental agencies as well as the public. Details on specific systems can be accessed through the appropriate local emergency management jurisdiction. Non-governmental, private and non-profit partners should be familiar with the various systems available through their respective emergency management jurisdiction. All partner organizations should also be familiar with the various systems utilized by partner emergency management jurisdictions to activate support personnel and Emergency Contact Points identified in accordance with this Framework. All partner organizations are encouraged to use their agency’s email, social media sites, and phone systems to pass on appropriate warnings to employees and customers. 6e. - Fire & Emergency Services Department recommends approving a Page 81 of 132 Regional Coordination Framework Page 26 Regional Coordination Framework for Disasters and Planned Events Joint Information Centers/System (JIC/JIS) Joint Information Centers (JICs) are physical and centralized locations from which public affairs and critical emergency information responsibilities are performed. JICs facilitate operation of a Joint Information System (JIS) – the mechanism used to organize, integrate, and coordinate information to ensure timely, accurate, accessible, and consistent messaging across multiple jurisdictions and organizations. The King County RCECC will activate a regional JIC/JIS as needed to verify and align various streams of information, and release timely messages to the media, key stakeholders, and the general public. This information is issued in cooperation with affected jurisdictions, agencies, and organizations. Regional partners may be asked to send a representative to assist with JIC/JIS operations, either through direct support within the JIC or via remote access (phone, internet, video confe rencing). This does not preclude any jurisdiction, agency, organization, or Tribal Nation from issuing information that pertains to them exclusively; however it is highly recommended that the regional JIC/JIS be informed of those communications. References  King County CEMP ESF 15  King County Emergency Coordination Center Operations Manual  King County Public Information Officers (PIO) Procedures Guidelines  Regional Joint Information Center (JIC) Manual VII. Communication The ability to communicate through a variety of different mediums in order to share timely information and to gain accurate situational awareness is critical during disasters and planned events. During a large scale regional disaster it is paramount to sound decision-making. Purpose The purpose of this section is to establish a communication process where regional partners will have the capability to access information “lines” to the King County RCECC, while establishing one central location to collect, prioritize, and disseminate information. These access modalities can generate from several different technologies. Redundant systems are in place for better odds of gaining access during times when many of these communication modes may not be functional. 6e. - Fire & Emergency Services Department recommends approving a Page 82 of 132 Regional Coordination Framework Page 27 Regional Coordination Framework for Disasters and Planned Events Situation and Scope This section of the Framework describes the communications process and systems needed to manage information collection and distribution during a disaster or planned event as the organizational structure expands and contracts within geographic King County. Responsibilities It is expected that all partner organizations will endeavor to obtain and maintain a variety of ways to communicate their status and resource needs to their respective emergency management jurisdiction and the King County RCECC during disasters and planned events. The King County Office of Emergency Management will test these internal communication systems on a regular basis to ensure communication connectivity with regional partners. Maintaining communication connectivity is critical to successful response during a disaster. It is expected that regional partners will work with KCOEM to maintain their internal communications systems, test them, and improve upon them as resources allow. King County RCECC may act as a network control manager for radio frequencies and talk groups used to maintain situation awareness, support decision-making, manage resources, or to continue regional services. Concept of Operations To facilitate internal communication for situational awareness, partners have a variety of means at their disposal to give and receive information. Emergency communications includes tools, processes, interoperability, and redundancy that govern the management of information, warning and notifications, decision -making, and resource management. Survivable infrastructure is an important element of the support needed to ensure continuous communications within and between regional partners. Available tools may include email, regular phone service, cell phones, 800 MHz radios and talk groups, VHF radio frequencies, amateur radio, facsimiles, the internet, social media, reverse 911 programs, or other technology. King County, in cooperation with other local jurisdictions and organizations, will support regional collaboration and information sharing. The RCECC will serve as the primary information hub for regional communications including a regional Common Operating Picture. Information on operational or policy topics may be posted as available. 6e. - Fire & Emergency Services Department recommends approving a Page 83 of 132 Regional Coordination Framework Page 28 Regional Coordination Framework for Disasters and Planned Events References  King County Communications Plan  Tactical Interoperable Communications Plan VIII. Administration, Finance, and Logistics This section to the Regional Coordination Framework describes the maintenance of the document and the management of resources in response to emergency impacts to geographic King County. The financial management of costs and expenses incurred during an emergency is covered in the associated Agreement to this Framework. Resource Management Mutual Aid is considered the pre-agreed sharing of resources between entities to support response activities. During a disaster or planned event, requests for mutual aid within the zone should be the first call for help. During a disaster or when requests for mutual aid cannot be granted, any threatened participating organization can request resources from other participating organizations. This document facilitates the sharing of resources amongst regional partners willing and able to share resources. The Resources section of the Regional Coordination Framework Agreement addresses resource lending and borrowing protocols. When a disaster is large or complex enough to initiate an emergency proclamation from the city, county or state level; various emergency powers may be enacted to aid and support resource management . Only jurisdictional cities, counties and tribal nations can sign an emergency proclamation. If further support is needed, the chief elected official or their successor/designee of the affected partner will proclaim an emergency, and then contact their designated Zone Coordinator or other Point of Contact and/or the King County RCECC to request further assistance. Assistance may be requested by using one of the following mechanisms:  A request or supply of resources under the auspices of this Framework’s associated Agreement, or  A request or supply of resources under the auspices of Intra-State Mutual Aid or Emergency Management Assistance Compact, or  A request or supply of resources under the auspices of another form of mutual aid or other assistance. 6e. - Fire & Emergency Services Department recommends approving a Page 84 of 132 Regional Coordination Framework Page 29 Regional Coordination Framework for Disasters and Planned Events Resource management involves knowing what resources are available to the region or county (inventory), identifying them based on what they are and what they can do (type and kind) and developing procedures and protocols for their use (request, dispatch, demobilization/recall). Purpose The purpose of this section is to describe a resource management process which regional partners within King County will follow in a disaster. Situation and Scope This section of the Framework describes the processes for management of regional finance and logistics during and after a disaster impacting regional partners to the Regional Coordination Framework and associated Agreement. This Framework expands on those principals described under Intra-State Mutual Aid RCW 38.56 for sharing resources. Responsibilities Regional partners will endeavor to obtain the ability identify, inventory, request, deploy, track and recall the critical resources needed to respond to, and recover from, any disaster. Logistical and resource coordination will be through the three King County Emergency Coordination Zones and the King County Regional Communications and Emergency Coordination Center (RCECC). The staff of the activated RCECC will coordinate and support regional resource management activities in collaboration with the region’s Resource Management Workgroup through all phases of emergency management. Since resource management is critical to a successful resolution during a disaster, it is important that each regional partner commits to establish a process to describe, inventory, request, deploy and track resources within their jurisdictions and to work in a cooperative effort with the King County RCECC. Equipment, supplies, and personnel needed by partner organizations should be sought first from within their own agency/jurisdictions/organization, other local sources, mutual aid agreements, then within the King County Fire/Emergency Management zone, and then from King County RCECC. Resource needs beyond the capacity of the local level and King County will be forwarded to the State of Washington or through the State to the Federal Government. 6e. - Fire & Emergency Services Department recommends approving a Page 85 of 132 Regional Coordination Framework Page 30 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework partners will follow the legal and financial guidelines established in the associated Agreement. In situations where important resources are scarce, the regional decision-making mechanism may be utilized to recommend strategies for resource management. The King County Executive, or designee, still retains the authority for King County government resource priorities and distribution. As noted earlier and also reflected in the Framework’s associated Agreement, all entities retain authority over their resources, and respective elected officials retain authority over their government resource priorities and distribution. See Direction and Coordination. Concept of Operations King County Office of Emergency Management maintains a 24/7 duty officer capability to assist partners during events when coordination needs arise. When activated for disasters or planned events, the RCECC will be the focal point for resource management for all regional partners within King County, King County government and unincorporated areas. KC RCECC, in cooperation with other local jurisdictions, will  Provide technology to assist with the primary tasks associated with resource management  Manage a process to describe, inventory, request and track resources  Activate these systems before and during a disaster/event  Dispatch resources before and during a disaster/event  Deactivate/demobilize or recall resources during or after a disaster/event The KC RCECC will accept resource requests utilizing information provided on accepted forms. The resource requests will be accepted by: phone, email, radio, facsimile, hardcopy or any verifiable electronic method. Confirmation of receipt with the requestor will be made as soon as possible. Requests for resources should be stated in terms of need (i.e. type and kind, mission requirements, etc.) and the particular resource if known. Should clarification of the request be required, follow-up may be conducted by a RCECC Logistics Section staff member, appropriate Zone Coordinator, or appropriate ESF representative. The KC RCECC will update the resource request status, ensuring full disclosure of where the request is within the process. All requested resources will be tracked through completion of assignment as many resources will be in high demand amongst the many regional partners within King County. Effective and efficient response coordination is 6e. - Fire & Emergency Services Department recommends approving a Page 86 of 132 Regional Coordination Framework Page 31 Regional Coordination Framework for Disasters and Planned Events aided by expeditious reassignment of resources from partner to partner rather than having a high demand resource is completely demobilized from the disaster and returned to its parent organization prior to reassignment to another requesting partner. The borrowing organization will maintain status and resource information for effective and efficient resource use. Resources committed to a disaster will remain available to that incident site until they are released by the on -scene command structure or re-called by their own organization. When resources are no longer needed, they will be released and demobilized by the on - scene Incident Commander/Manager, the organization that made the initial request, or the RCECC Incident Manager. The requestor must ensure that the resource is in the agreed upon condition prior to returning to the lending agency or vendor. In addition, the requestor must communicate the resource status to the KC RCECC for tracking. References  Memorandum of Understanding for Coordinated Policy and Decision Making During an Emergency  Resource Typing System Governance Document  King County CEMP ESF 7 Resource Support  KC RCECC Resource Request Process  Revised Code of Washington 38.56 IX. Document Development and Maintenance Planning Limitations This Framework and associated Agreement forge new territory as a cooperative agreement among public and private organizations, and as such, may not have completely anticipated the issues in public/private cooperation and resource sharing. During simulations, exercises, or real disaster, interactions may occur that illustrate shortcomings in the design that would require modifications or clarifications in this Framework. In a situation where the King County RCECC cannot perform the duties o utlined in this document, those duties could be assumed by the Washington State EOC. Regional partners to this Framework will make every reasonable effort to prepare for their responsibilities identified within this document in the event of a disaster. However, all resources and systems are vulnerable to natural, technological and human caused 6e. - Fire & Emergency Services Department recommends approving a Page 87 of 132 Regional Coordination Framework Page 32 Regional Coordination Framework for Disasters and Planned Events disasters and may be overwhelmed. Regional partners can only attempt to respond based on the situation, information and resources available at the time. There is no guarantee implied by this Framework that a perfect response to a disaster or planned event will be practical or possible. Regional partners, including their officials and employees, shall not be liable for any claim based upon the exercise of, or failure to exercise or perform a public duty or a discretionary function or duty while carrying out the provisions of this Framework. Training and Exercises Training Training is a vital component to helping all regional partners understand the purpose and scope of the document. Collaboratively, regional partners are responsible for training their organizations to the purpose, scope and operations of the Framework. The King County Office of Emergency Management is responsible for assisting potential partners with training their community or organization. The training effort can be accomplished through presentations to public, private and non-profit organizations on the benefits of working within the auspices of the Regional Coordination Framework. Exercises Exercises are conducted to determine if the Framework is operationally sound. Exercises of the Regional Coordination Framework may be conducted collectively as a county region, by zone or by individual partner. Evaluations of exercises will identify strengths and weaknesses encountered during the exercise and may identify necessary changes to the document and components. In conjunction, training may also be identified to facilitate in overall effectiveness of the Framework and its support documents. Ongoing Document Development and Maintenance This framework has been developed and will be regularly updated by the Regional Disaster Planning Work Group. The Work Group consists of representatives from regional partners and serves as a subcommittee to the King County Emergency Management Advisory Committee (EMAC), which in turn serves as an advisory entity to the King County Executive and the King County Office of Emergency Management (OEM). The King County OEM will ensure continuity of the Regional Disaster Planning Work Group, which will coordinate updates to this document. King County OEM will maintain 6e. - Fire & Emergency Services Department recommends approving a Page 88 of 132 Regional Coordination Framework Page 33 Regional Coordination Framework for Disasters and Planned Events and publish the Framework and supporting materials on the King County OEM web site at http://www.kingcounty.gov/prepare. Suggested changes will be considered yearly and can be mailed to: King County Office of Emergency Management, 3511 NE 2nd Street, Renton WA 98056. Faxes will be received at (206) 205-4056. Telephone messages can be left at OEM’s general number: (206) 296-3830. The King County OEM Plans Manager is the staff person specifically tasked with the maintenance of the Regional Coordination Framework, its associated Agreement and any annexes to the Framework. Modifications to this Regional Coordination Framework and its associated Agreement will be developed by the Regional Disaster Planning Work Group and then submitted to the Emergency Management Advisory Committee for review and comment. Further vetting with regional partners beyond the membership of EMAC will also be conducted. X. Terms and Definitions ‘Agreement’ – refers to identical agreements executed in counterparts which bind the executing signatory partners to its terms and conditions to provide and receive Emergency Assistance. The terms and conditions of the Agreement are all identical and the execution of the Agreement binds a signatory partner to all other signatory partners who have executed identical Agreements in counterparts. To be effective for purposes of receiving Emergency Assistance, this Agreement and the Regional Coordination Framework must be fully executed and received by the King County Office of Emergency Management. ‘Borrower’ – refers to a signatory partner who has adopted, signed and subscribes to the associated Agreement, and has made a request for emergency assistance and has received commitment(s) to deliver emergency assistance pursuant to the terms of the Agreement. ‘Disaster’ – refers to but is not limited to, a human-caused or natural event or circumstance within the area of operation of any participating partner causing or threatening loss of life, damage to the environment, injury to person or property, human suffering or financial loss, such as: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of hazardous materials, contamination, utility or transportation emergencies, disease, infestation, civil disturbance, riots, act of terrorism or sabotage; said event being or is likely to be beyond the capacity of the affected signatory partner, in terms of personnel, equipment and facilities, thereby requiring emergency assistance. 6e. - Fire & Emergency Services Department recommends approving a Page 89 of 132 Regional Coordination Framework Page 34 Regional Coordination Framework for Disasters and Planned Events ‘Emergency Contact Points’ – refers to the persons, in a line of succession, listed on the Emergency Contact Information Form to be submitted to the Zone Coordinator and the King County Office of Emergency Management by each partner. The list includes names, addresses, and 24-hour phone numbers of the Emergency Contact Points of each partner. The people listed as Emergency Contact Points will have (or can quickly get) the authority of the partner to commit available equipment, services, and personnel for the organization. Note: The phone number of a dispatch office staffed 24 hours a day that is capable of contacting the Emergency Contact Point(s) is acceptable. ‘Emergency Operations or Coordination Center (EOC/ECC)’ – refers to a location from which coordination of emergency response and recovery functions can be hosted. ‘Framework’ – ‘Regional Coordination Framework for Public and Private Organizations in King County’ (“Framework”) means an all-hazards architecture for collaboration and coordination among jurisdictional, organizational and business entities during emergencies in King County. ‘Lender’ – refers to a signatory partner who has signed the Agreement and has agreed to deliver Emergency Assistance to another signatory partner pursuant to the terms and conditions of the Agreement. ‘Long-term Recovery’ – (FEMA description) refers to the phase of recovery that may continue for months or years and addresses complete redevelopment and revitalization of the impacted area. ‘National Incident Management System’ (NIMS) – (FEMA description) refers to the systematic, proactive approach to guide departments and agencies at all levels of government, nongovernmental organizations, and the private sector to work seamlessly to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity, in order to reduce the loss of life and property and harm to the environment. ‘RCECC’ – refers to the King County Regional Communications and Emergency Coordination Center; the location from which information and resource management is conducted in support of disasters or planned events. ‘Region’ – refers to geographic King County and its adjacent jurisdictions. ‘Regional Partners’ – refers to all public, private, non-governmental, or tribal organizations that may or may not be signatory/subscribing organizations to the Regional Coordination Framework, the associated Agreement and its annexes. 6e. - Fire & Emergency Services Department recommends approving a Page 90 of 132 Regional Coordination Framework Page 35 Regional Coordination Framework for Disasters and Planned Events ‘Regional Policy Decision-Making’ – refers to the mechanism established to enact emergency powers, suspend or limit civil liberties, coordinate executive decisions, and/or determine strategies for the allocation of scarce resources under proclaimed emergencies. ‘Regional Service Providers’ – refers to those organizations, both public and private, that provide services to the region. These may include but are not limited to: adult and juvenile detention facilities, water and sewer utilities, power companies, transit, food distribution, or other services. ‘Response’ - (FEMA description) refers those capabilities necessary to save lives, protect property and the environment, and meet basic human needs after a disaster has occurred. ‘Short Term Recovery’ – (FEMA description) refers to the phase of recovery which addresses the health and safety needs beyond rescue, the assessment of the scope of damages and needs, the restoration of basic infrastructure and the mobilization of recovery organizations and resources including restarting and/or restoring essential services for recovery decision-making. ‘Signatory Partners’ – refers to those organizations signatory to the associated Agreement of the current Regional Coordination Framework. ‘Zone(s)’ – refers to those geographic areas conforming to the fire response zones in King County and designated Zone 1 (north and northeast county), Zone 3 (south and southeast county to include Vashon Island), and Zone 5 (the City of Seattle). ‘Zone Coordination Function’ – refers to those activities that may include pre-planning, training, or information collection and resource status activities within a particular Zone. ‘Zone Coordinators’ – refers to those individuals who may perform the Zone Coordination Function. XI. Authorities and References RCW 38.52.070 (summary) Incorporated jurisdictions in King County are mandated by RCW 38.52.070 to perform emergency management functions within their jurisdictional boundaries. Although 6e. - Fire & Emergency Services Department recommends approving a Page 91 of 132 Regional Coordination Framework Page 36 Regional Coordination Framework for Disasters and Planned Events special purpose jurisdictions and private businesses are not mandated under RCW 38.52, this framework allows such entities to participate in this regional response plan. RCW 38.56 Intrastate Mutual Aid System (summary) Code that describes the sharing of resources between political subdivisions of Washington State, documents like mutual aid agreements, and others governing the terms under which resource may be borrowed, loaned, and reimbursement protocols. King County Ordinance 17075, May 2, 2011 The King County Office of Emergency Management is tasked with regional coordination in disaster preparedness, response, recovery and mitigation by King County ordinance 17075. Excerpts: “The mission of the office of emergency management shall be to p rovide for the effective direction, control, and coordination of county government emergency services functional units, to coordinate with other governments and the private, non - governmental sector, in compliance with a state -approved comprehensive emergency management plan, and to serve as the coordinating entity for cities, county governmental departments, and other appropriate agencies during incidents and events of regional significance. And, “Foster cooperative planning at all levels to enable a unifo rm and rational approach to the coordination of multi-agency and multi-jurisdictional actions for all regional mitigation, preparedness, response, and recovery efforts.” The Washington Mutual Aid Compact (WAMAC) The Washington Mutual Aid Compact (WAMAC) is the operational implementation of the Intrastate Mutual Aid System and provides for resource sharing between governments in response to a disaster which overwhelms local and mutual aid resources. The elements of this Regional Coordination Framework are designed to work in conjunction with the operational elements of WAMAC. Mutual Aid Agreements Any participating organization may enter into separate emergency assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under the Regional Coordination Framework or associated Agreement. 6e. - Fire & Emergency Services Department recommends approving a Page 92 of 132 AGREEMENT Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington February 2014 6e. - Fire & Emergency Services Department recommends approving a Page 93 of 132 Regional Coordination Framework AGREEMENT 2 AGREEMENT, Regional Coordination Framework Updating Process of former “Omnibus Legal and Financial Agreement” As the development of the ‘Regional Disaster Plan’ began in 1999, there was also a need to create a ‘mechanism to share resources.’ The Plan focused on establishing a cooperative and voluntary platform linking private businesses, nonprofit organizations, government agencies, and special purpose districts. A legal document was needed to address emergency assistance covering the legal and financial obligations of partners sharing personnel, equipment materials and/or support during a disaster. Back in 1999 to 2001, legal advisors from King County Prosecuting Attorney’s Office and several other public and private entities worked together to frame the appropriate legal and liability language forming the ‘Omnibus Legal and Financial Agreement.’ The Agreement withstood the legal review and approval of many public, private and nonprofit organizations that thereafter signed onto the Plan and Omnibus. As the Plan transitioned and evolved into the ‘Framework,’ the time was also appropriate to revisit the Omnibus. Over the twelve year tenure of the Omnibus, mutual aid methodology and practices had evolved at the regional, State and Federal levels; as well as alterations in the Federal Emergency Management Agency (FEMA) public assistance arena. In 2012 a subcommittee of the Regional Disaster Planning Work Group began the process to revisit the Omnibus language. The subcommittee existed of legal advisors from King County, City of Auburn and City of Seattle and emergency managers from King County, Seattle, Bellevue, Zone 1, Zone 3 and Washington State. Through several meetings leveraging the guidance and expertise of the legal and mutual aid subject matter experts involved, the subcommittee finalized the current draft of the ‘AGREEMENT for Organizations Participating in the Regional Coordination Framework for Disasters and Planned Event for Public and Private Organizations in King County, Washington.’ A large percentage of the original language has stayed the same with a few language and terminology updates. The key areas of adjustment include: New Changes Document re-titled to ‘Agreement’ – simpler title; Replaced ‘Omnibus Legal and Financial Agreement’ Replaced ‘Plan’ wording throughout document with ‘Framework’ Replaced ‘Omnibus’ wording throughout document with ‘Agreement’ Terminology changes made by replacing ‘borrower’ and ‘lender’ with ‘requester’ and ‘responder’ Adjusted language in ‘Article I – Applicability’ to say “…located in King County.”; Replaced “…in and bordering geographic King County.” Updated verbiage in ‘Article II – Definitions’ on ‘Basic Plan’ and ‘Package’ since it is now a ‘Framework’ Cleaned-up language in ‘Article II – Definitions’ on ‘Emergency’ 6e. - Fire & Emergency Services Department recommends approving a Page 94 of 132 Regional Coordination Framework AGREEMENT 3 AGREEMENT, Regional Coordination Framework Cleaned-up language in ‘Article II – Definitions’ on ‘Emergency Contact Points’ Updated respective sections with correct King County Office of Emergency Management address; Former ‘7300 Perimeter Road’ address Updated verbiage in ‘Article IV – Role of Emergency Contact Point for Signatory Partners Renaming to and cleaned-up language in ‘Article VI – Payment and Billing’; Formerly titled ‘Article VI – Payment for Services and Assistance’ Cleaned-up language in ‘Article VIII – Requests for Emergency Assistance’ Removed section ‘IX – General Nature of Emergency Assistance’; Repetitive of existing language Renaming to ‘Article IX – Provision of Equipment’; Formerly ‘Article X – Loans of Equipment’ Renaming to ‘Article X – Provision of Materials and Supplies’; Formerly ‘Article XI – Exchange of Materials and Supplies’ Renaming to ‘Article XI – Provision of Personnel’; Formerly ‘Article XII – Loans of Personnel’ Renaming to and cleaned-up language ‘Article XII – Record Keeping’; Formerly ‘Article XIII – Record keeping’ Renaming to and cleaned-up language ‘Article XIII – Indemnification, Limitation of Liability, and Dispute Resolution’; Formerly ‘Article XIV – Indemnification and Limitation of Liability’ Articles following have been renumbered and renamed appropriately 6e. - Fire & Emergency Services Department recommends approving a Page 95 of 132 Regional Coordination Framework AGREEMENT 4 AGREEMENT, Regional Coordination Framework AGREEMENT for organizations participating in the Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington This AGREEMENT (“Agreement”) is entered into by the public and private organizations who become signatories hereto (“Signatory Partners”) to facilitate the provision of Emergency Assistance to each other during times of emergency. WHEREAS, the Signatory Partners have expressed a mutual interest in the establishment of an Agreement to facilitate and encourage Emergency Assistance among participants; and WHEREAS, the Signatory Partners do not intend for this Agreement to replace or infringe on the authority granted by any federal, state, or local governments, statutes, ordinances, or regulations; and WHEREAS, in the event of an emergency, a Signatory Partner may need Emergency Assistance in the form of supplemental personnel, equipment, materials or other support; and WHEREAS, each Signatory Partner may own and maintain equipment, stocks materials, and employs trained personnel for a variety of services and is willing, under certain conditions, to provide its supplies, equipment and services to other Signatory Partners in the event of an emergency; and WHEREAS, the proximity of the Signatory Partners to each other enables them to provide Emergency Assistance to each other in emergency situations. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, each Signatory Partner agrees as follows: Article I - APPLICABILITY. A private or public organization located in King County, Washington, may become a Signatory Partner by signing this Agreement and becoming bound thereby. This Agreement may be executed in multiple counterparts. 6e. - Fire & Emergency Services Department recommends approving a Page 96 of 132 Regional Coordination Framework AGREEMENT 5 AGREEMENT, Regional Coordination Framework Article II - DEFINITIONS. A. ‘Assistance Costs’ means any direct material costs, equipment costs, equipment rental fees, fuel, and the labor costs that are incurred by the Responder in providing any asset, service, or assistance requested. B. ‘Emergency’ means an event or set of circumstances that qualifies as an emergency under any applicable statute, ordinance, or regulation. C. ‘Emergency Assistance’ means employees, services, equipment, materials, or supplies provided by a Responder in response to a request from a Requester. D. ‘Emergency Contact Points’ means persons designated by each Signatory Partner who will have (or can quickly get) the authority to commit available equipment, services, and personnel for their organization. E. ‘King County Emergency Management Advisory Committee (“EMAC”)’ is the Committee established in King County Code 2.36.055. F. ‘Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County’ (“Framework”) means an all hazards architecture for collaboration and coordination among jurisdictional, organizational, and business entities during emergencies in King County. G. ‘Requester’ means a Signatory Partner that has made a request for Emergency Assistance. H. ‘Responder’ means a Signatory Partner providing or intending to provide Emergency Assistance to a Requester. I. ‘Signatory Partner means any public or private organization in King County, WA, that enters into this Agreement by signature of a person authorized to sign. J. ‘Termination Date’ is the date upon which this agreement terminates pursuant to Article V. 6e. - Fire & Emergency Services Department recommends approving a Page 97 of 132 Regional Coordination Framework AGREEMENT 6 AGREEMENT, Regional Coordination Framework Article III - PARTICIPATION. Participation in this Agreement, and the provision of personnel or resources, is purely voluntary and at the sole discretion of the requested Responder. Signatory Partners that execute the Agreement are expected to: A. Identify and furnish to all other Signatory Partners a list of the Organization’s current Emergency Contact Points together with all contact information; and . B. Participate in scheduled meetings to coordinate operational and implementation issues to the maximum extent possible. Article IV - ROLE OF EMERGENCY CONTACT POINT FOR SIGNATORY PARTNERS. Signatory Partners agree that their Emergency Contact Points or their designees can serve as representatives of the Signatory Partner in any meeting to work out the language or implementation issues of this Agreement. The Emergency Contact Points of a Signatory Partner shall: A. Act as a single point of contact for information about the availability of resources when other Signatory Partners seek assistance. B. Maintain a manual containing the Framework, including a master copy of this Agreement (as amended), and a list of Signatory Partners who have executed this Agreement. C. Each Signatory Partner will submit its Emergency Contact Information Form to the King County Office of Emergency Management (“KCOEM”). KCOEM will maintain a list showing the succession in all the Signatory Partners. This list will include names, addresses, and 24-hour phone numbers of the Emergency contact points (2-3 deep) of each Signatory Partner. Note: the phone number of a dispatch office staffed 24 hours a day that is capable of contacting the Emergency contact point(s) is acceptable. Article V - TERM AND TERMINATION. A. This Agreement is effective upon execution by a Signatory Partner. 6e. - Fire & Emergency Services Department recommends approving a Page 98 of 132 Regional Coordination Framework AGREEMENT 7 AGREEMENT, Regional Coordination Framework B. A Signatory Partner may terminate its participation in this Agreement by providing written termination notification to the EMAC, care of the KCOEM, 3211 NE 2nd Street, Renton WA 98056, or by Fax at 206- 205-4056. Notice of termination becomes effective upon receipt by EMAC which shall, in turn, notify all Signatory Partners. Any terminating Signatory Partner shall remain liable for all obligations incurred during its period of participation, until the obligation is satisfied. Article VI - PAYMENT AND BILLING. a. Requester shall pay to Responder all valid and invoiced Assistance Costs within 60 days of receipt of Responder’s invoice, for the Emergency Assistance services provided by Responder. Invoices shall include, as applicable, specific details regarding labor costs, including but not limited to the base rate, fringe benefits rate, overhead, and the basis for each element; equipment usage detail and, material cost breakdown. b. In the event Responder provides supplies or parts, Responder shall have the option to accept payment of cash or in-kind for the supplies or parts provided. c. Reimbursement for use of equipment requested under the terms of this Agreement, such as construction equipment, road barricades, vehicles, and tools, shall be at the rate mutually agreed between Requester and Responder. The rate may reflect the rate approved and adopted by the Responder, a rate set forth in an industry standard publication, or other rate. Article VII - INDEPENDENT CONTRACTOR. Responder shall be and operate as an independent contractor of Requester in the performance of any Emergency Assistance. Employees of Responder shall at all times while performing Emergency Assistance continue to be employees of Responder and shall not be deemed employees of Requester for any purpose. Wages, hours, and other terms and conditions of employment of Responder shall remain applicable to all of its employees who perform Emergency Assistance. Responder shall be solely responsible for payment of its employees’ wages, any required payroll taxes and any benefits or other compensation. Requester shall not be responsible for paying any wages, benefits, taxes, or other compensation directly to the Responder’s employees. The costs associated with requested personnel are subject to the reimbursement process outlined in Article XI. In no event shall Responder or its officers, employees, agents, or representatives be authorized (or 6e. - Fire & Emergency Services Department recommends approving a Page 99 of 132 Regional Coordination Framework AGREEMENT 8 AGREEMENT, Regional Coordination Framework represent that they are authorized) to make any representation, enter into any agreement, waive any right or incur any obligation in the name of, on behalf of or as agent for Requester under or by virtue of this Agreement. Article VIII - REQUESTS FOR EMERGENCY ASSISTANCE. Requests for Emergency Assistance shall be made by a person authorized by the Requester to make such requests and approved by a person authorized by Responder to approve such requests. If this request is verbal, it must be confirmed in writing within thirty days after the date of the request. Article IX - PROVISION OF EQUIPMENT. Provision of equipment and tools loans is subject to the following conditions: 1. At the option of Responder, equipment may be provided with an operator. See Article XI for terms and conditions applicable to use of personnel. 2. Provided equipment shall be returned to Responder upon release by Requester, or immediately upon Requester’s receipt of an oral or written notice from Responder for the return of the equipment. When notified to return equipment to Responder, Requester shall make every effort to return the equipment to Responder’s possession within 24 hours following notification. Equipment shall be returned in the same condition as when it was provided to Requester. 3. During the time the equipment has been provided, Requester shall, at its own expense, supply all fuel, lubrication and maintenance for Responder’s equipment. Requester shall take proper precaution in its operation, storage and maintenance of Responder’s equipment. Equipment shall be used only by properly trained and supervised operators. Responder shall endeavor to provide equipment in good working order. All equipment is provided “as is”, with no representations or warranties as to its condition, fitness for a particular purpose, or merchantability. 4. Responder’s cost related to the transportation, handling, and loading/unloading of equipment shall be chargeable to Requester. Responder shall submit copies of invoices from outside sources that perform such services and shall provide accounting of time and hourly costs for Responder’s employees who perform such services. 6e. - Fire & Emergency Services Department recommends approving a Page 100 of 132 Regional Coordination Framework AGREEMENT 9 AGREEMENT, Regional Coordination Framework 5. Without prejudice to Responder’s right to indemnification under Article XIII herein, in the event equipment is lost, stolen or damaged from the point the Requestor has the beneficial use of the equipment , or while in the custody and use of Requester, or until the Requestor no longer has the beneficial use of the equipment, Requester shall reimburse Responder for the reasonable cost of repairing or replacing said damaged equipment. If the equipment cannot be repaired within a time period required by Responder, then Requester shall reimburse Responder for the cost of replacing such equipment with equipment which is of equal condition and capability. Any determinations of what constitutes “equal condition and capability” shall be at the discretion of Responder. If Responder must lease or rent a piece of equipment while Responder’s equipment is being repaired or replaced, Requester shall reimburse Responder for such costs. Requester shall have the right of subrogation for all claims against persons other than parties to this Agreement that may be responsible in whole or in part for damage to the equipment. Requester shall not be liable for damage caused by the sole negligence of Responder’s operator(s). Article X - PROVISION OF MATERIALS AND SUPPLIES. Requester shall reimburse Responder in kind or at Responder’s actual replacement cost, plus handling charges, for use of partially consumed , fully consumed, or non- returnable materials and supplies, as mutually agreed between Requester and Responder. Other reusable materials and supplies which are returned to Responder in clean, damage-free condition shall not be charged to the Requester and no rental fee will be charged. Responder shall determine whether returned materials and supplies are “clean and damage-free” and shall treat material and supplies as “partially consumed” or “non-returnable” if found to be damaged. Article XI - PROVISION OF PERSONNEL. Responder may, at its option, make such employees as are willing to participate available to Requester at Requester’s expense equal to Responder’s full cost, including employee’s salary or hourly wages, call back or overtime costs, benefits and overhead, and consistent with Responder’s personnel union contracts, if any, or other conditions of employment. Costs to feed and house Responder’s personnel, if necessary, shall be chargeable to and paid by Requester. Requester is responsible for assuring such arrangements as may be necessary for the safety, housing, meals, and transportation to and from job sites/housing sites (if necessary) for Responder’s personnel. Responder shall bill all costs to Requester, who is responsible for paying 6e. - Fire & Emergency Services Department recommends approving a Page 101 of 132 Regional Coordination Framework AGREEMENT 10 AGREEMENT, Regional Coordination Framework all billed costs. Responder may require that its personnel providing Emergency Assistance shall be under the control of their regular leaders, but the organizational units will come under the operational control of the command structure of Requester. Responder’s employees may decline to perform any assigned tasks if said employees judge such task to be unsafe. A request for Responder’s personnel to direct the activities of others during a particular response operation does not relieve Requester of any responsibility or create any liability on the part of Responder for decisions and/or consequences of the response operation. Responder’s personnel may refuse to direct the activities of others. Responder’s personnel holding a license, certificate, or other permit evidencing qualification in a professiona l, mechanical, or other skill, issued by the state of Washington or a political subdivision thereof, is deemed to be licensed, certified, or permitted in any Signatory Partner’s jurisdiction for the duration of the emergency, subject to any limitations and conditions the chief executive officer and/or elected and appointed officials of the applicable Signatory Partners jurisdiction may prescribe in writing. When notified to return personnel to Responder, Requester shall make every effort to return the personnel to Responder promptly after notification. Article XII - RECORD KEEPING. Time sheets and/or daily logs showing hours worked and equipment and materials used or provided by Responder will be recorded on a shift-by-shift basis by the Responder and will be submitted to Requester as needed. If no personnel are provided, Responder will submit shipping records for materials and equipment, and Requester is responsible for any required documentation of use of material and equipment for state or federal reimbursement. Under all circumstances, Requester remains responsible for ensuring that the amount and quality of all documentation is adequate to enable reimbursement. Article XIII – INDEMNIFICATION, LIMITATION OF LIABILITY, AND DISPUTE RESOLUTION. A. INDEMNIFICATION. Except as provided in section B., to the fullest extent permitted by applicable law, Requester releases and shall indemnify, hold harmless and defend each Responder, its officers, employees and agents from and against any and all costs, including costs of defense, claims, judgments or awards of damages asserted or arising directly or indirectly from, on account of, or in connection with providing, or declining to provide, or not being asked to provide, Emergency Assistance to Requester, whether arising before, during, or after performance of the Emergency Assistance and whether suffered by any of the Signatory Partners or any other person or entity. 6e. - Fire & Emergency Services Department recommends approving a Page 102 of 132 Regional Coordination Framework AGREEMENT 11 AGREEMENT, Regional Coordination Framework Requester agrees that its obligation under this section extends to any claim, demand and/or cause of action brought by or on behalf of any of its employees, or agents. For this purpose, Requester, by mutual negotiation, hereby waives, as respects any indemnitee only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW of the State of Washington and similar laws of other states. B. ACTIVITIES IN BAD FAITH OR BEYOND SCOPE. Any Signatory Partner shall not be required under this Agreement to indemnify, hold harmless and defend any other Signatory Partner from any claim, loss, harm, liability, damage, cost or expense caused by or resulting from the activities of any Signatory Partners’ officers, employees, or agents acting in bad faith or performing activities beyond the scope of their duties. C. LIABILITY FOR PARTICIPATION. In the event of any liability, claim, demand, action or proceeding, of whatever kind or nature arising out of rendering of Emergency Assistance through this Agreement, Requester agrees to indemnify, hold harmless, and defend, to the fullest extent of the law, each Signatory Partner, whose only involvement in the transaction or occurrence which is the subject of such claim, action, demand, or other proceeding, is the execution and approval of this Agreement. D. DELAY/FAILURE TO RESPOND. No Signatory Partner shall be liable to another Signatory Partner for, or be considered to be in breach of or default under, this Agreement on account of any delay in or failure to perform any obligation under this Agreement, except to make payment as specified in this Agreement. E. MEDIATION AND ARBITRATION. If a dispute arises under the terms of this Agreement, the Signatory Partners involved in the dispute shall first attempt to resolve the matter by direct negotiation. If the dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation. Thereafter, any unresolved controversy or claim arising out of or relating to this Contract, or breach thereof, may be settled by arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. F. SIGNATORY PARTNERS LITIGATION PROCEDURES. Each Signatory Partner seeking to be released, indemnified, held harmless or defended under this Article with respect to any claim shall promptly notify Requester of such claim and shall not settle such claim without the prior consent of Requester. Such Signatory Partners shall have the right to 6e. - Fire & Emergency Services Department recommends approving a Page 103 of 132 Regional Coordination Framework AGREEMENT 12 AGREEMENT, Regional Coordination Framework participate in the defense of said claim to the extent of its own interest. Signatory Partners’ personnel shall cooperate and participate in legal proceedings if so requested by Requester, and/or required by a court of competent jurisdiction. Article XIV - SUBROGATION. A. REQUESTER’S WAIVER. Requester expressly waives any rights of subrogation against Responder, which it may have on account of, or in connection with, Responder providing Emergency Assistance to Requester under this Agreement. B. RESPONDER’S RESERVATION AND WAIVER. Responder expressly reserves its right to subrogation against Requester to the extent Responder incurs any self-insured, self-insured retention or deductible loss. Responder expressly waives its rights to subrogation for all insured losses only to the extent Responder’s insurance policies, then in force, permit such waiver. Article XV - WORKER’S COMPENSATION AND EMPLOYEE CLAIMS. Responder’s employees, officers or agents, made available to Requester, shall remain the general employees of Responder while engaged in carrying out duties, functions or activities pursuant to this Agreement, and each Signatory Partner shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers’ compensation, and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each Signatory Partner shall provide worker’s compensation in compliance with statutory requirements of the state of residency. Ar ticle XVI - MODIFICATIONS. Modifications to this Agreement must be in writing and will become effective upon approval by a two-thirds affirmative vote of the Signatory Partners. Modifications must be signed by an authorized representative of each Signatory Partner. EMAC will be the coordinating body for facilitating modifications of this Agreement. Article XVII- NON-EXCLUSIVENESS AND PRIOR AGREEMENTS. 6e. - Fire & Emergency Services Department recommends approving a Page 104 of 132 Regional Coordination Framework AGREEMENT 13 AGREEMENT, Regional Coordination Framework This Agreement shall not supersede any existing mutual aid agreement or agreements between two or more governmental agencies, and as to assistance requested by a party to such mutual aid agreement within the scope of the mutual aid agreement, such assistance shall be governed by the terms of the mutual aid agreement and not by this Agreement. This Agreement shall, however, apply to all requests for assistance beyond the scope of any mutual aid agreement or agreements in place prior to the event. Article XVIII - GOVERNMENTAL AUTHORITY. This Agreement is subject to laws, rules, regulations, orders, and other requirements, now or hereafter in effect, of all governmental authorities having jurisdiction over the emergencies covered by this Agreement or the Signatory Partner. Provided that a governmental authority may alter its obligations under this Agreement only as to future obligations, not obligations already incurred. Article XIX - NO DEDICATION OF FACILITIES. No undertaking by one Signatory Partner to the other Signatory Partners under any provision of this Agreement shall constitute a dedication of the facilities or assets of such Signatory Partners, or any portion thereof, to the public or to the other Signatory Partners. Nothing in this Agreement shall be construed to give a Signatory Partner any right of ownership, possession, use or control of the facilities or assets of the other Signatory Partners. Article XX - NO PARTNERSHIP. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership among the Signatory Partners or to impose any partnership obligation or liability upon any Signatory Partner. Further, no Signatory Partner shall have any undertaking for or on behalf of, or to act as or be an agent or representative of, or to otherwise bind any other Signatory Partner. Article XXI - NO THIRD PARTY BENEFICIARY. Nothing in this Agreement shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party. This Agreement shall not confer any right, or remedy upon any person other than the Signatory Partners. This Agreement shall not release or discharge any obligation or liability of any third party to any Signatory Partners. 6e. - Fire & Emergency Services Department recommends approving a Page 105 of 132 Regional Coordination Framework AGREEMENT 14 AGREEMENT, Regional Coordination Framework Article XXII - ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and supersedes any and all prior agreements of the Parties, with respect to the subject matters hereof. Article XXIII - SUCCESSORS AND ASSIGNS. This Agreement is not transferable or assignable, in whole or in part, and any Signatory Partner may terminate its participation in this Agreement subject to Article V. Article XXIV - GOVERNING LAW. This Agreement shall be interpreted, construed, and enforced in accordance with the laws of Washington State. Article XXV - VENUE. Any action which may arise out of this Agreement shall be brought in Washington State and King County. Provided, that any action against a participating County may be brought in accordance with RCW 36.01.050. Article XXVI - TORT CLAIMS. It is not the intention of this Agreement to remove from any of the Signatory Partners any protection provided by any applicable Tort Claims Act. However, between Requester and Responder, Requester retains full liability to Responder for any claims brought against Responder as described in other provisions of this agreement. Article XXVII - WAIVER OF RIGHTS. Any waiver at any time by any Signatory Partner of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not constitute or be deemed a waiver with respect to any subsequent default or other matter arising in connection with this Agreement. Any delay short of the statutory period of limitations, in asserting or enforcing any right, shall not constitute or be deemed a waiver. 6e. - Fire & Emergency Services Department recommends approving a Page 106 of 132 Regional Coordination Framework AGREEMENT 15 AGREEMENT, Regional Coordination Framework Article XXVIII - INVALID PROVISION. The invalidity or unenforceability of any provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Article XXIX - NOTICES. Any notice, demand, information, report, or item otherwise required, authorized, or provided for in this Agreement shall be conveyed and facilitated by EMAC, care of the KCOEM, 3511 NE 2nd Street, Renton WA 98056, Phone: 206-296-3830, Fax: 206-205-4056. Such notices, given in writing, and shall be deemed properly given if (i) delivered personally, (ii) transmitted and received by telephone facsimile device and confirmed by telephone, (iii) transmitted by electronic mail, or (iv) sent by United States Mail, postage prepaid, to the EMAC. 6e. - Fire & Emergency Services Department recommends approving a Page 107 of 132 Regional Coordination Framework AGREEMENT 16 AGREEMENT, Regional Coordination Framework Signatory Documentation Sheet The Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington is intended to be adopted as the framework for participating organizations, within King County, to assist each other in disaster situations when their response capabilities have been overloaded. Components, as of January 2014, are the following:  Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County  Agreement (legal and financial) IN WITNESS WHEREOF, the Signatory Partner hereto has caused this Regional Coordination Framework for Disasters and Planned Events to be executed by duly authorized representatives as of the date of their signature: ORGANIZATION: ADDRESS: __________________________________ AUTHORIZED SIGNATURE: DATE: ____________________________________ ____________________________________ ____________________________________ Please submit this form to the King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 6e. - Fire & Emergency Services Department recommends approving a Page 108 of 132 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE CITY’S PARTICIPATION IN THE REGIONAL COORDINATION FRAMEWORK FOR DISASTERS AND PLANNED EVENTS FOR PUBLIC AND PRIVATE ORGANIZATIONS IN KING COUNTY, WASHINGTON, AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE AGREEMENT FOR PARTICIPATING ORGANIZATIONS. WHEREAS, the Agreement for organizations participating in the Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington is entered into by the public and private organizations who become signatories thereto (“Signatory Partners”) to facilitate the provision of Emergency Assistance to each other during times of emergency; and WHEREAS, the Signatory Partners have expressed a mutual interest in the establishment of an Agreement to facilitate and encourage emergency assistance among participants; and WHEREAS, the Signatory Partners do not intend for this Agreement to replace or infringe on the authority granted by any federal, state, or local governments, statutes, ordinances, or regulations; and WHEREAS, in the event of an emergency, a Signatory Partner may need emergency assistance in the form of supplemental personnel, equipment, materials or other support; and WHEREAS, each Signatory Partner may own and maintain equipment, stocks materials, and employ trained personnel for a variety of services and is willing, under certain conditions, to provide its supplies, equipment and services to other Signatory Partners in the event of an emergency; and 6e. - Fire & Emergency Services Department recommends approving a Page 109 of 132 RESOLUTION NO. _______ 2 WHEREAS, the proximity of the Signatory Partners to each other enables them to provide Emergency Assistance to each other in emergency situations; and WHEREAS, the City desires to participate in the Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations and become a Signatory Partner and enter into the Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The City Council of the City of Renton, Washington authorizes the Mayor and City Clerk to enter into the Agreement for organizations participating in the Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington. PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2014. ______________________________ Jason A. Seth, Acting City Clerk APPROVED BY THE MAYOR this ______ day of _______________________, 2014. ______________________________ Denis Law, Mayor 6e. - Fire & Emergency Services Department recommends approving a Page 110 of 132 RESOLUTION NO. _______ 3 Approved as to form: ______________________________ Lawrence J. Warren, City Attorney RES.1643:8/6/14:scr 6e. - Fire & Emergency Services Department recommends approving a Page 111 of 132 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS FOR BUSINESS LICENSES OR PERMITS FOR MEDICAL MARIJUANA BUSINESSES AND ESTABLISHMENTS INVOLVED IN THE SALE, MANUFACTURE, DISTRIBUTION OR USE OF MEDICAL MARIJUANA; DIRECTING THE SETTING OF A PUBLIC HEARING DATE FOR OCTOBER 27, 2014; AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, state Initiative 697 legalized medical marijuana; and WHEREAS, a moratorium was established by Resolution No. 4199, on November 4, 2013, to provide the Planning Commission with a staff recommendation, and forward the Planning Commission's recommendation along with the staff's recommendation to the City Council; and WHEREAS, the moratorium was extended by Resolution No. 4211, on March 17, 2014, as the State Legislature had legislation regarding medical marijuana pending but the legislature failed to take meaningful action; and WHEREAS, the Planning Commission made its recommendation on August 20, 2014, which will be forwarded to the City Council; and WHEREAS, the City Council did not meet in August after receiving the Planning Commission's recommendation and will only meet three times in September, and therefore will not have adequate time to study the recommendation and other options before the expiration of the moratorium; and WHEREAS, a public hearing will be held on October 27, 2014 to take testimony on extending the moratorium; 1 8a. - Extending the moratorium on the acceptance of applications for business Page 112 of 132 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Renton City Council extends the moratorium on the submission, acceptance, processing or approval of any permit applications or licenses by or for new medical marijuana establishments involved in the sale, use, growing, and manufacture or processing of medical marijuana. SECTION III. The interim zoning control set forth in this resolution shall be in effect through March 15, 2015, unless subsequently extended by the City Council pursuant to state law. SECTION IV. A public hearing will be held on October 27, 2014. PASSED BY THE CITY COUNCIL this day of , 2014. Jason A. Seth, Acting City Clerk APPROVED BY THE MAYOR this day of , 2014. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: RES:1644:9/6/14:scr 2 8a. - Extending the moratorium on the acceptance of applications for business Page 113 of 132 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE CITY'S PARTICIPATION IN THE REGIONAL COORDINATION FRAMEWORK FOR DISASTERS AND PLANNED EVENTS FOR PUBLIC AND PRIVATE ORGANIZATIONS IN KING COUNTY, WASHINGTON, AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE AGREEMENT FOR PARTICIPATING ORGANIZATIONS. WHEREAS, the Agreement for organizations participating in the Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington is entered into by the public and private organizations who become signatories thereto ("Signatory Partners") to facilitate the provision of Emergency Assistance to each other during times of emergency; and WHEREAS, the Signatory Partners have expressed a mutual interest in the establishment of an Agreement to facilitate and encourage emergency assistance among participants; and WHEREAS, the Signatory Partners do not intend for this Agreement to replace or infringe on the authority granted by any federal, state, or local governments, statutes, ordinances, or regulations; and WHEREAS, in the event of an emergency, a Signatory Partner may need emergency assistance in the form of supplemental personnel, equipment, materials or other support; and WHEREAS, each Signatory Partner may own and maintain equipment, stocks materials, and employ trained personnel for a variety of services and is willing, under certain conditions, to provide its supplies, equipment and services to other Signatory Partners in the event of an emergency; and 1 8b. - Regional Coordination Framework and Agreement (See 6.e.) Page 114 of 132 RESOLUTION NO. WHEREAS, the proximity of the Signatory Partners to each other enables them to provide Emergency Assistance to each other in emergency situations; and WHEREAS, the City desires to participate in the Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations and become a Signatory Partner and enter into the Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The City Council of the City of Renton, Washington authorizes the Mayor and City Clerk to enter into the Agreement for organizations participating in the Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington. PASSED BY THE CITY COUNCIL this day of , 2014. Jason A. Seth, Acting City Clerk APPROVED BY THE MAYOR this day of , 2014. Denis Law, Mayor 2 8b. - Regional Coordination Framework and Agreement (See 6.e.) Page 115 of 132 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES.1643:8/6/14:scr 3 8b. - Regional Coordination Framework and Agreement (See 6.e.) Page 116 of 132 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE GROWING TRANSIT COMMUNITIES COMPACT. WHEREAS, the central Puget Sound region has adopted VISION 2040, a long-range strategy to integrate land use, economic and transportation decisions in order to meet the needs of current and future generations, achieve economic prosperity with social equity, and support a healthy environment, including addressing global climate change; and WHEREAS, VISION 2040 includes among its goals (1) maintaining a prosperous and sustainable regional economy by supporting businesses and job creation, investing in all people, sustaining environmental quality, and creating great central places, diverse communities, and a high quality of life, and (2) focusing growth within already urbanized areas to create walkable, compact, and transit oriented communities, and (3) meeting housing needs through preservation and expansion of a range of affordable, healthy and safe housing choices; and WHEREAS, the voters of the central Puget Sound region have committed to a $25 billion investment in light rail, commuter rail, bus rapid transit and local streetcar service that creates a once in a lifetime opportunity to plan for and support the growth of communities near high capacity transit; and WHEREAS, transit-oriented development is a land use pattern with many social, economic, and environmental benefits, including more sustainable and efficient use of urban land, support for regional and local economies, reduced combined housing and transportation costs per household, and improved access and mobility for residents; and 1 8c. - Growing Transit Communities Compact (See 7.c.)Page 117 of 132 RESOLUTION NO. WHEREAS, the Growing Transit Communities Partnership was formed as a diverse coalition of governmental and nongovernmental partners that was funded by a grant from the federal Partnership for Sustainable Communities for the express purpose of leveraging regional transit investments to create thriving and equitable transit communities around light rail and other high capacity transit stations; and WHEREAS, progress toward creating equitable transit communities will depend on active participation from a full range of partners over the long term, including transit agencies, businesses, non-profit organizations, as well as local jurisdictions and the Puget Sound Regional Council; and WHEREAS, the Growing Transit Communities Partnership has developed the Growing Transit Communities Strategy that recommends adoption of specific actions and tools by regional and local governments, by both public and private stakeholders, in order to create, grow, and enhance equitable transit communities throughout the region; and WHEREAS, it is in the interest of elected officials, public agencies, leaders of and for affordable housing, communities and neighborhoods, business, education, the environment, philanthropy, finance, real estate, and transportation to cooperatively engage in the work related to the Growing Transit Communities Strategy for its successful completion; and WHEREAS, the Growing Transit Communities Strategy will be managed by the Puget Sound Regional Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 2 8c. - Growing Transit Communities Compact (See 7.c.)Page 118 of 132 RESOLUTION NO. SECTION II. This resolution is established to acknowledge the support and need for coordinating efforts to successfully implement the Growing Transit Communities Strategy. SECTION III. The City Council of the City of Renton, Washington, authorizes the Mayor and City Clerk to execute the Growing Transit Communities Compact. PASSED BY THE CITY COUNCILthis day of , 2014. Jason A. Seth, Acting City Clerk APPROVED BY THE MAYOR this day of , 2014. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1642:8/5/14:scr 3 8c. - Growing Transit Communities Compact (See 7.c.)Page 119 of 132 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY WATER DISTRICT NO. 90 FOR THE SALE OF WATER DURING AN EMERGENCY. WHEREAS, King County Water District No. 90 may experience emergency situations causing the interruption of its water supply; and WHEREAS, the City agrees to provide and sell water to King County Water District No. 90 during an emergency event, subject to the availability and quantity of water to be sold; and WHEREAS, it would be in the public's best interest to have an agreement executed specifying the terms and conditions under which the City provides and sells water to King County Water District No. 90; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to execute the Agreement for the Sale of Water during an Emergency to King County Water District No. 90. PASSED BY THE CITY COUNCILthis day of , 2014. Jason A. Seth, Acting City Clerk 1 8d. - Emergency Sale of Water Agreement with King County Water District No. 90 Page 120 of 132 RESOLUTION NO.. APPROVED BY THE MAYOR this day of ., 2014. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1641:7/31/14:scr 2 8d. - Emergency Sale of Water Agreement with King County Water District No. 90 Page 121 of 132 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF RENTON (TRACE MATTHEW ANNEXATION; FILE NO. A-13-006). WHEREAS, under the provisions of RCW 35A.14.120 (Direct petition method — Notice to legislative body — Meeting — Assumption of indebtedness — Proposed zoning regulation — Contents of petition), as amended, property owners in unincorporated territory contiguous to the City of Renton have filed a written annexation petition with the City Clerk on or about September 27, 2013; and WHEREAS, in accordance with RCW 35A.14.120, those property owners own at least ten percent (10%) in value of the property in the unincorporated territory to be annexed according to the assessed valuation for general taxation; and WHEREAS, consistent with RCW 35A.14.120, those property owners, prior to the filing and circulation of the petition for annexation to the City of Renton, notified the City Council of their intention to commence annexation proceedings; and WHEREAS, after a public hearing, it was determined that those property owners agreed to accept all relevant portions of the City's Comprehensive Plan and the applicable Zoning Code; and WHEREAS, the King County Department of Assessments examined and verified the signatures on the petition for annexation on or about February 12, 2014, and determined, consistent with the requirements of RCW 35A.14.120, that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed; and 1 8a. - Adopting Trace Matthew Annexation (1st reading 9/8/2014)Page 122 of 132 ORDINANCE NO. WHEREAS, the Department of Community and Economic Development the City of Renton considered and recommended that the City of Renton annex the subject unincorporated territory; and WHEREAS, consistent with RCW 35A.14.130 (Direct petition method — Notice of hearing), the City Council set April 7, 2014, in the Renton City Council Chambers, as the time and place for a public hearing on the petition with notice as required by law; and WHEREAS, the public hearing was held at the time and place specified, and after considering all matters in connection with the petition, the City Council determined that all legal requirements and procedures applicable to the RCW 35A.14.120 direct petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of July 11, 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, RCW 35A.14.130, RCW 35A.14.140 (Direct petition method — Ordinance providing for annexation), and 35A.14.150 (Direct petition method — Effective date of annexation) have been met. SECTION II. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is approved and granted; the following 2 8a. - Adopting Trace Matthew Annexation (1st reading 9/8/2014)Page 123 of 132 ORDINANCE NO. described property being contiguous to the city limits of the City of Renton is annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and five (5) days after the publication of this ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached and made a part of this ordinance as if fully set forth in this ordinance. [The property, an approximately 4.54-acre potential annexation area is located in the City's Potential Annexation Area near the eastern portion of the City limits. The site is bordered by Renton City limits at the north, by 154th Avenue SE to the west, by parcel lines in proximity of SE 139th Place at the south, and 156th Avenue SE at the east.] and every owner of the property within the annexation territory shall be subject to the City's Comprehensive Plan, Zoning Code, and laws as applicable. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) calendar days after publication. A certified copy of this ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2014. Jason A. Seth, Acting City Clerk 3 8a. - Adopting Trace Matthew Annexation (1st reading 9/8/2014)Page 124 of 132 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2014. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1844:8/22/14:scr 4 8a. - Adopting Trace Matthew Annexation (1st reading 9/8/2014)Page 125 of 132 Trace Matthew Annexation Legal Description Lot 4 of Block 2 of the Cedar River Five Acre Tracts as recorded in Volume 16 of Plats, page 52, records of King County, Washington; TOGETHER WITH that portion of the 154th Ave SE right of way lying between the north and south lines of said Lot 4 of Block 2 extended westerly to the westerly margin of said right of way; All situate in the Southwest quarter of Section 14, Township 23 North, Range 5 East, W. M. in King County, Washington. Page 1 of 1 (0362) 8a. - Adopting Trace Matthew Annexation (1st reading 9/8/2014)Page 126 of 132 •Maplewood Golj Course j Ron J 800 1,600 =jFeet 1:10,000 Community & Economic Development C. E- 'Chip" Vincent Administrator/Planning Director Adnana Abramovich K I SIS Analyst IN Cityot i™_ r J' Date: 11/07/2013 Trace Matthews Annexation School and Parks Schools ! Annexation Boundary LT.jCity Limits WaterBodies Parks i Parcels 8a. - Adopting Trace Matthew Annexation (1st reading 9/8/2014)Page 127 of 132 ST ftCfJif CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEARS 2013/2014 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 5682, AND THEREAFTER AMENDED BY ORDINANCE NOS. 5686, 5692, 5699, AND 5715, IN THE AMOUNT OF $1,217,639. WHEREAS, on December 3, 2012, the Council adopted Ordinance 5682 approving the City of Renton's 2013/2014 Biennial Budget; and WHEREAS, on April 29, 2013, the Council adopted Ordinance 5686 carrying forward funds appropriated in 2012, but not expended in 2012, due to capital project interruptions and delays in invoice payments, that needed to be carried forward and appropriated for expenditure in 2013; and WHEREAS, on August 12, 2013, the Council adopted Ordinance 5692 making minor corrections, recognizing grants, contributions and associated costs, and new cost items not included in the budget, which required additional adjustments to the 2013/2014 Biennial Budget; and WHEREAS, on December 2, 2013, the Council adopted Ordinance No. 5699 pursuant to Chapter 35A.34 RCW, which requires the Council to provide for a mid-biennial review and any modification to the biennial budget shall occur no sooner than eight months after the start, but no later than the conclusion of the first year of the biennium; and WHEREAS, on April 21, 2014, the Council adopted Ordinance 5715 carrying forward funds appropriated in 2013, but not expended in 2013 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2014; and 1 V 8b. - Adopting 2014 2nd Quarter Budget Amendment (1st reading 9/8/2014)Page 128 of 132 ORDINANCE NO. WHEREAS, minor corrections, recognition of grants, contributions and associated costs and new cost items not included in the budget require additional adjustments to the 2013/2014 Biennial Budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinance Nos. 5682, 5686, 5692, 5699 and 5715 establishing the City of Renton's 2013/2014 Biennial Budget are hereby amended in the total amount of $1,217,639 for an amended total of $602,875,627 over the biennium. SECTION II. The 2014 2nd Quarter Budget Adjustment Summary by Fund is hereby attached as Exhibit A and the 2013 Adjusted Budget Summary by Fund is hereby attached as Exhibit B. Detailed lists of adjustments are 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 , 2014. Jason A. Seth, Acting City Clerk APPROVED BY THE MAYOR this day of , 2014. Denis Law, Mayor 2 8b. - Adopting 2014 2nd Quarter Budget Amendment (1st reading 9/8/2014)Page 129 of 132 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney ORD:1827:8/4/14:scr 3 8b. - Adopting 2014 2nd Quarter Budget Amendment (1st reading 9/8/2014)Page 130 of 132 ORDINANCE NO. Exhibit A: 2014 2 Quarter Budget Adjustment Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE 2014 Beg 2014 Adj. Budgeted Adjusted Budgeted Adjusted Ending Fund Reserved/ Fund Fund Fund Bal Changes Fund Bal Revenue Changes Revenue Expenditure Changes Expenditure Balance Designated Balance 000 GENERAL 12,515,053 12,515,053 77,540,984 555,000 78,095,984 81,920,905 441,440 82,362,345 8,248,692 8,248,692 001 COMMUNITY SERVICES 2,124,598 2,124,598 11,706,752 -11,706,752 11,693,059 -11,693,059 2,138,291 2,138,291 003 STREETS 1,667,393 1,667,393 9,028,020 -9,028,020 9,028,020 106,743 9,134,763 1,560,650 1,560,650 004 COMMUNITYDEVELOPMENTBLOCKGRANT (229,834) (229,834) 548,203 28,801 577,004 308,172 28,801 336,973 10,197 10,197 005 MUSEUM 52,979 52,979 226,683 -226,683 226,683 -226,683 52,979 52,979 009 FARMERS MARKET 98,826 98,826 60,400 -60,400 83,322 -83,322 75,904 (75,904) - 010 FIRE AND EMERGENCY SVC MEMORIAL ----------- 011 FIRE AND EMERGENCYSVC HEALTH & WELLNESS 55,094 55,094 25,000 -25,000 25,000 -25,000 55,094 (55,094) - 031 PARK MEMORIAL 478 478 ---478 -478 --- 21X GENERAL GOVERNMENT MISC DEBT SVC 1,169,674 1,169,674 8,340,863 -8,340,863 8,340,863 60,000 8,400,863 1,109,674 -1,109,674 Total General Governmental Funds 17,454,261 17,454,261 107,476,905 583,801 108,060,706 111,626,501 636,984 112,263,485 13,251,482 (130,998) 13,120,483 102 ARTERIAL STREETS 192,689 192,689 633,000 -633,000 810,000 _ 810,000 15,689 15,689 108 LEASED CITY PROPERTIES 549,887 549,887 833,071 -833,071 853,626 -853,626 529,332 529,332 110 SPECIAL HOTEL-MOTEL TAX 185,606 185,606 265,000 -265,000 315,693 -315,693 134,913 134,913 125 ONE PERCENT FOR ART 97,771 97,771 15,000 -15,000 50,000 -50,000 62,771 62,771 127 CABLE COMMUNICATIONS DEVELOPMENT 284,632 284,632 85,674 -85,674 85,674 -85,674 284,632 284,632 135 SPRINGBROOK WETLANDS BANK 667,613 667,613 ------667,613 667,613 303 COMMUNITY SERVICES IMPACT MITIGATION 934,618 934,618 60,000 -60,000 ---994,618 994,618 304 FIRE IMPACT MITIGATION 646,165 646,165 50,000 -50,000 ---696,165 696,165 305 TRANSPORTATION IMPACT MITIGATION 486,185 486,185 40,000 -40,000 200,000 -200,000 326,185 326,185 316 MUNICIPAL FACILITIESCIP 5,083,524 5,083,524 3,070,672 272,155 3,342,827 7,921,548 272,155 8,193,703 232,648 232,648 317 CAPITAL IMPROVEMENT 2,687,303 2,687,303 18,857,104 393,100 19,250,204 20,835,072 393,100 21,228,172 709,335 (660,000f 49,335 318 SOUTH LAKE WA 1NFRASTRUCTURE PROJ ECT 9,012 9,012 ---9,012 -9,012 -- 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING 84,599 84,599 1,000,000 -1,000,000 75,000 -75,000 1,009,599 (1,000,000) 9,599 336 NEW LIBRARY DEVELOPMENT 19,571,748 19,571,748 450,000 -450,000 20,021,748 -20,021,748 -- 402 Al RPORT OPERATIONS & CI P 1,669,564 1,669,564 17,384,184 -17,384,184 18,828,270 -18,828,270 225,478 (149,662) 75,816 403 SOLID WASTE UTILITY 1,344,883 1,344,883 16,419,820 -16,419,820 16,508,948 -16,508,948 1,255,755 (400,000) 855,755 404 GOLF COURSE SYSTEM & CAPITAL 319,161 319,161 2,537,449 -2,537,449 2,715,919 -2,715,919 140,691 1,131 141,822 405 WATER OPERATIONS & CAPITAL 12,350,952 12,350,952 18,150,149 -18,150,149 19,224,942 -19,224,942 11,276,159 (2,789,951) 8,486,208 406 WASTEWATER OPERATIONS & CAPITAL 8,131,928 8,131,928 27,366,270 -27,366,270 27,801,365 -27,801,365 7,696,833 (1,613,544) 6,083,290 407 SURFACE WATER OPERATIONS & CAPITAL 7,510,285 7,510,285 17,287,807 -17,287,807 21,460,129 10,500 21,470,629 3,327,464 (1,066,571) 2,260,893 501 EQUIPMENT RENTAL 3,935,088 3,935,088 4,361,968 18,750 4,380,718 4,829,709 (160,000) 4,669,709 3,646,097 3,646,097 502 INSURANCE 7,630,077 7,630,077 7,344,062 -7,344,062 3,188,983 -3,188,983 11,785,156 (11,501,349) 283,807 503 INFORMATION SERVICES 2,216,612 2,216,612 4,010,222 -4,010,222 5,358,145 -5,358,145 868,690 868,690 504 FACILITIES 1,167,714 1,167,714 4,105,749 -4,105,749 4,505,641 64,900 4,570,541 702,922 702,922 505 COMMUNICATIONS 347,771 347,771 896,374 -896,374 917,403 -917,403 326,742 326,742 512 HEALTHCARE INSURANCE 6,934,304 6,934,304 11,622,068 -11,622,068 12,062,456 -12,062,456 6,493,916 (3,618,737) 2,875,179 522 LEOFF1 RETIREES HEALTHCARE 7,207,703 7,207,703 1,735,684 -1,735,684 1,738,162 -1,738,162 7,205,225 (7,205,225) - 611 FIREMENS PENSION 4,790,247 4,790,247 300,000 -300,000 225,475 -225,475 4,864,772 (4,864,772) - Total Other Funds 97,037,641 97,037,641 158,881,327 684,005 159,565,332 190,542,918 580,655 191,123,573 65,479,400 (34,868,679) 30,610,721 TOTAL ALL FUNDS 114,491,902 - 114,491,902 266,358,232 1,267,806 267,626,038 302,169,419 1,217,639 303,387,058 78,730,882 (34,999,678) 43,731,204 2 year total 98,282,449 533,661,203 1,267,806* 534,929,009 601,657,988 1,217,639 602,875,627 78,730,882 (34,999,678) 43,731,204 4 8b. - Adopting 2014 2nd Quarter Budget Amendment (1st reading 9/8/2014)Page 131 of 132 ORDINANCE NO. Exhibit B: 2013 Adjusted Budget Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE 2013 Adj 2013 Actual 2013 Adj 2013 2013 Adj 2013 Act Ending Reserved/ Act Available Func Fund Bal Fund Bal Budget Actual Budget Actual Fund Balance Designated Fund Balance 000 GENERAL 10,575,369 10,575,369 74,864,505 77,801,319 77,134,850 75,861,635 12,515,053 12,515,053 001 COMMU NITY SERVICES 1,891,966 1,891,966 11,080,510 10,921,025 11,320,489 10,688,393 2,124,598 2,124,598 003 STREETS 1,585,553 1,585,553 8,677,257 8,372,826 8,873,975 8,290,986 1,667,393 1,667,393 004 COMMUNITY DEVELOPMENT BLOCK GRANT (13,145) (13,145) 460,832 86,317 374,577 303,005 (229,834) (229,834) 005 MUSEUM 52,369 52,369 209,903 209,997 217,167 209,387 52,979 52,979 009 FARMERS MARKET 90,520 90,520 79,400 65,509 80,414 57,203 98,826 (98,826) - 010 FIRE AND EMERGENCY SVC MEMORIAL --------- Oil FIRE AND EMERGENCY SVC HEALTH & WELLNESS 55,483 55,483 25,000 29,232 25,000 29,621 55,094 (55,094) - 031 PARK MEMORIAL 178,367 178,367 -478 178,367 178,367 478 (478) - 21X GENERAL GOVERNMENT MISC DEBT SVC 1,159,357 1,159,357 8,040,433 8,058,825 8,073,283 8,048,508 1,169,674 -1,169,674 Total General Governmental Funds 15,575,839 15,575,839 103,437,840 105,545,527 106,278,122 103,667,105 17,454,262 (154,398) 17,299,863 102 ARTERIAL STREETS 168,514 168,514 643,000 624,175 600,000 600,000 192,689 192,689 108 LEASED CITY PROPERTIES 527,677 527,677 1,181,123 1,090,184 1,135,845 1,067,974 549,887 549,887 110 SPECIAL HOTEL-MOTEL TAX 111,256 111,256 245,000 314,657 291,000 240,307 185,606 185,606 125 ONE PERCENT FOR ART 116,142 116,142 16,000 11,429 50,000 29,800 97,771 97,771 127 CABLE COMMUNICATIONS DEVELOPMENT 257,372 257,372 85,674 93,131 85,674 65,870 284,632 284,632 135 SPRINGBROOK WETLANDS BANK 665,828 665,828 -1,785 --667,613 667,613 303 COMMUNITY SERVICES IMPACT MITIGATION 1,540,154 1,540,154 60,000 94,464 700,000 700,000 934,618 934,618 304 FIRE IMPACT MITIGATION 797,417 797,417 25,000 98,748 250,000 250,000 646,165 646,165 305 TRANSPORTATION IMPACT MITIGATION 292,627 292,627 40,000 247,558 54,000 54,000 486,185 486,185 316 MUNICIPAL FACILITIES CIP 3,474,517 3,474,517 4,377,834 3,711,499 7,743,713 2,102,492 5,083,524 5,083,524 317 CAPITAL IMPROVEMENT (391,159) (391,159) 33,586,759 23,827,469 33,146,358 20,749,006 2,687,303 2,687,303 318 SOUTH LAKE WA INFRASTRUCTURE PROJECT 52,073 52,073 44,874 44,913 96,947 87,974 9,012 9,012 326 HOUSING OPPORTUNITY 84,359 84,359 -240 75,000 -84,599 84,599 336 NEW LIBRARY DEVELOPMENT 19,143,344 19,143,344 1,830,836 1,850,316 20,974,180 1,421,913 19,571,748 19,571,748 402 AIRPORT OPERATIONS/CAPITAL 2,342,924 2,342,924 15,322,540 11,160,693 17,492,945 11,834,053 1,669,564 (150,181) 1,519,382 403 SOLID WASTE UTILITY 1,523,881 1,523,881 15,700,852 15,969,959 16,177,073 16,148,957 1,344,883 (400,000) 944,883 404 GOLF COURSE SYSTEM & CAPITAL 539,814 539,814 2,580,619 2,272,097 2,845,664 2,492,750 319,161 (33,445) 285,716 405 WATER OPERATIONS & CAPITAL 9,846,308 9,846,308 17,145,453 17,119,609 19,041,019 14,614,966 12,350,951 (2,636,260) 9,714,691 406 WASTEWATER OPERATIONS & CAPITAL 4,942,621 4,942,621 25,185,348 25,396,442 25,402,819 22,207,136 8,131,928 (1,548,763) 6,583,165 407 SURFACE WATER OPERATIONS & CAPITAL 6,014,474 6,014,474 15,037,641 10,066,864 16,047,448 8,571,053 7,510,285 (916,890) 6,593,396 501 EQUIPMENT RENTAL 3,722,501 3,722,501 4,261,224 4,641,985 4,295,028 4,429,397 3,935,088 3,935,088 502 INSURANCE 4,986,807 4,986,807 5,713,764 5,846,378 3,060,718 3,203,107 7,630,077 (7,275,000) 355,077 503 INFORMATION SERVICES 1,856,972 1,856,972 4,188,823 4,152,765 5,326,336 3,793,125 2,216,612 2,216,612 504 FACILITIES 849,472 849,472 4,349,946 4,528,196 4,542,713 4,209,954 1,167,714 1,167,714 505 COMMUNICATIONS 303,477 303,477 877,773 911,149 893,249 866,855 347,771 347,771 512 HEALTHCARE INSURANCE 7,899,070 7,899,070 9,329,364 9,611,399 10,904,461 10,576,165 6,934,304 (3,172,849) 3,761,454 522 LEOFF1 RETIREES HEALTHCARE 6,482,165 6,482,165 1,735,684 1,758,263 1,737,782 1,032,725 7,207,703 (206,545) 7,001,158 611 FIREMENS PENSION 4,556,003 4,556,003 300,000 427,661 240,475 193,418 4,790,247 (4,790,247) - Total Other Funds 82,706,610 82,706,610 163,865,131 145,874,027 193,210,447 131,542,996 97,037,642 (21,130,180) 75,907,462 TOTAL ALL FUNDS 98,282,449 98,282,449 267,302,971 251,419,555 299,488,569 235,210,100 114,491,903 (21,284,578) 93,207,325 5 8b. - Adopting 2014 2nd Quarter Budget Amendment (1st reading 9/8/2014)Page 132 of 132