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AGENDA
City Council Regular Meeting
7:00 PM - Monday, November 13, 2017
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. SPECIAL PRESENTATION
a) Communities in Schools of Renton
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENTS
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of November 6, 2017.
Council Concur
b) AB - 2027 Administrative Services Department recommends approving an interlocal
agreement with the Renton Regional Fire Authority regarding the collection, distribution,
and expenditure of Fire Impact fees. (See Item 8.a)
Council Concur
c) AB - 2031 Community & Economic Development Department recommends setting a
public hearing on December 4, 2017 to consider approving changing the name of a
portion of N Park Drive west of I-405 to N Southport Drive.
Refer to Committee of the Whole, Set Public Hearing on 12/4/2017
d) AB - 2030 Community Services Department recommends approval of a Youth Sports
Grant Agreement with King County Parks, to accept $10,000 in grant funds to support the
City's Specialized Recreation Program - Special Olympics.
Council Concur
e) AB - 2033 Community Services Department recommends adopting a resolution to
authorize acceptance of grant funding in the amount of $400,000 from King County; and
execute Amendment N to the related Interlocal Cooperation Agreement for Open Space
Acquisition Projects.
Refer to Finance Committee
f) AB - 2024 Executive Department recommends approval of a Public Assistance Grant, with
the Washington State Military Department, to accept approximately $31,500 in grant
funds to cover up to 75% of non-insurance covered damages sustained by the City during
the storm period of January 30 - February 2, 2017.
Council Concur
g) AB - 2028 Transportation Systems Division recommends approval of Turnback Agreement
TB 1-0254, with the Washington State Department of Transportation, for jurisdictional
transfer of segments of SR 515, SR 900, SR 169, and SR 167.
Refer to Transportation (Aviation) Committee
h) AB - 2029 Utility Systems Division submits CAG-17-119, Maplewood Creek and Madsen
Creek Sediment Basin Cleaning Project 2017, contractor Sierra Pacific Construction, LLC,
and requests acceptance of the project and approval to release the retainage in the
amount of $4,524.14 after 60 days, subject to the receipt of all required authorizations.
Council Concur
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Planning & Development Committee: Landmark Designation Nomination - The Cortona
Building; Long Range Planning Work Program; Supervised Injection Facilities
Recommendation
b) Public Safety Committee: Amending RMC 10-5, Vehicle Impoundment*; Recruitment
Bonus for Non-Commissioned Police Department Employees; Police Department
Reorganization
c) Utilities Committee: 2017 - 2019 Biennial Water Quality Stormwater Capacity Grant;
Renton Commons Water Main Extension Latecomer Agreement
8. LEGISLATION
Resolution(s):
a) Resolution No. 4322: Renton Regional Fire Authority Interlocal (See Item 6.b)
b) Resolution No. 4323: Amending 2017/2018 Fee Schedule (Approved via 11/6/2017
Committee of the Whole Report)
Ordinance(s) for first reading:
a) Ordinance No. 5856: Amending RMC 10-5 - Vehicle Impoundment Code (See Item 7.b)
Ordinance(s) for second and final reading:
a) Ordinance No. 5862: XO Communications Services Franchise Agreement
b) Ordinance No. 5863: Establishing 2018 Property Tax
c) Ordinance No. 5864: Mid-Biennial Budget Amendment
d) Ordinance No. 5865: Amending RMC 4-1-190 Fire Protection Impact Fees
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:00 p.m. - 7th Floor - Conferencing Center & approx. 6:00 p.m. Council Chambers
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
November 6, 2017 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM - Monday, November 6, 2017
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Armondo Pavone, Council President
Randy Corman
Ryan McIrvin
Ruth Pérez
Don Persson
Ed Prince
Carol Ann Witschi
Councilmembers Absent:
None
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Jennifer Henning, Planning Director
Kim Gilman, Human Resources Labor Manager
Commander Jeff Eddy, Police Department
PROCLAMATION
a) DECA Month and Renton & Lindbergh DECA Promotional Month: A proclamation by Mayor
Law was read declaring November 2017 to be "DECA Month and Renton and Lindbergh DECA
Promotional Month" in the City of Renton, encouraging all citizens to join in this special
observance. Students from Renton High School and Lindbergh High School accepted the
proclamation.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL ADOPT THE
PROCLAMATION AS READ. CARRIED.
AGENDA ITEM #6. a)
November 6, 2017 REGULAR COUNCIL MEETING MINUTES
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington provided a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2017 and beyond. Items noted were:
Inclement Weather Response Reminder: The Public Works Department would like to
remind residents to help us prevent local residential street flooding by monitoring
catch basins near your home and keeping them clear of leaves and other debris.
Street sweepers are dispatched daily to clean up debris along major arterials. Also,
snow is not far away. Please remember that during snow and ice events, the
department sanders and snow plows are dispatched to keep major arterials drivable.
Visit our website at http://rentonwa.gov/living/default.aspx?id=21258 to view our
snow route maps. It is imperative that motorists do not park or abandon their
vehicles within any portion of the traffic lanes. Abandoned vehicles impair snow and
ice removal and impact response of emergency vehicles.
The city is in the process of updating its Bicycle and Trails Master Plan and is
interested in public input. Please join us for an open house on Thursday, November
28th from 5:00 to 8:00 p.m. at the Renton Senior Center, 211 Burnett Avenue North.
Questions may be directed to Parks Planning/Natural Resources Director Leslie
Betlach at 425-430-6619 or Transportation Planning Manager Vicki Grover at 425-
430-7393.
The Solid Waste Utility will host its third and final free Eco Film Series event by
exploring food waste at Carco Theatre, 1717 Maple Valley Highway, on Thursday,
November 16th at 6:00 p.m. At 7:30 p.m., Chef Thierry Rautureau of Seattle’s Loulay
and Luc restaurants will share his tips and tricks in reducing food waste. Questions
may be directed to Solid Waste Program Specialist Jina Kim at 425-430-7391, or for
more information on all Eco Film Series events, please visit our website at
rentonwa.gov/ecofilmseries.
A new and improved Renton Clean Sweep Program will be in effect for single family
residential customers. Each household may schedule one collection to take place on
its regular garbage day through Friday, December 29th at no additional charge. For
questions or to schedule your Clean Sweep collection, contact Republic Services at
206-777-6440.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
Howard McOmber, Renton, thanked the City for collecting food items for the
local food bank. He also encouraged all residents to give food, money or time
during the upcoming holiday season. Mayor Law also thanked City employees
for their efforts collecting food, and emphasized that local food banks are
desperate for donations at this time.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. Item 6.e. was
pulled for separate consideration.
AGENDA ITEM #6. a)
November 6, 2017 REGULAR COUNCIL MEETING MINUTES
a) Approval of Council Meeting minutes of October 23, 2017. Council Concur.
b) AB - 2023 Mayor Law approved the request to proceed with nomination of the Cortona
Building (old Woolworth building) for designation as a Landmark by King County Landmarks
Commission, and appointed Liz Stewart, Renton History Museum Manager, as a special
member from the City of Renton to serve on the King County Landmarks Commission for a
three-year term. Refer to Planning & Development Committee.
c) AB - 2018 City Clerk submitted the quarterly list of fully executed contracts between 7/1/2017
- 9/30/2017, and a report of agreements expiring between 10/1/2017 – 3/31/2018. None;
Information Only.
d) AB - 2021 City Clerk recommended granting preliminary approval of the Renton Commons
latecomer's agreement (File No. LA-17-002) for a two-year period for a water main extension
benefiting other parties located at 215 Whitworth Ave. S, and authorize staff to forward the
preliminary assessment roll to the City Clerk for notification of affected property owners.
Refer to Utilities Committee.
f) AB - 2010 Human Resources / Risk Management Department recommended approval of the
2018 Healthcare Management Administrator's (HMA) Fee Schedule for medical, dental and
prescription claims by HMA and Envision Rx. Refer to Finance Committee.
g) AB - 2011 Human Resources / Risk Management Department recommended approval of the
2018 Kaiser Permanente (formerly Group Health) plan for active employees and LEOFF 1
retirees. Refer to Finance Committee.
h) AB - 2020 Human Resources / Risk Management Department recommended approval of the
reclassification and salary adjustments of the following positions: two Program Specialists
(a13) to Senior Program Specialists (a15); Chief Prosecuting Attorney (m35) to Chief
Prosecuting Attorney (m38); effective January 1, 2018. Funds to implement these
recommendations are available within the Public Works and Legal Departments' 2018
budgets. Refer to Finance Committee.
I) AB - 1963 Police Department recommended approval of an amendment to Renton Municipal
Code 10-5, Impoundment and Redemption of Vehicles, to reassign post-impoundment
jurisdiction from the City Hearing Examiner to the Renton Municipal Court. Refer to Public
Safety Committee.
j) AB - 2016 Police Department requested authorization of a department reorganization that
eliminates a Police Commander position and adds a second Deputy Chief position. The fiscal
impact is approximately $10,000 per year and will be absorbed by the department's existing
budget, effective January 1, 2018. Refer to Public Safety Committee.
k) AB - 2017 Police Department requested authorization to implement a $500 bonus program
for non-commissioned employees who successfully recruit either lateral police officers or
experienced non-commissioned staff, effective November 13, 2017. Refer to Public Safety
Committee.
l) AB - 2022 Utility Systems Division submitted CAG-16-196, Renton Highlands Sewer & Manhole
Rehabilitation Phase I project, contractor Insituform Technologies, LLC; and requested
acceptance of the project and approval to release the retainage in the amount of $56,426.90
after 60 days, subject to the receipt of all required authorizations. Council Concur.
AGENDA ITEM #6. a)
November 6, 2017 REGULAR COUNCIL MEETING MINUTES
m) AB - 2025 Utility Systems Division recommended adopting an ordinance amending RMC 4-6-
030 and 4-6-100 to clarify existing provisions for the prohibition of illicit discharges into the
City's storm system. Refer to Planning Commission and Planning & Development
Committee.
n) AB - 2026 Utility Systems Division recommended approval of a Water Quality Stormwater
Capacity 1719 Agreement, with the Washington State Department of Ecology, to accept up to
$50,000 in non-matching grant funds to assist with the implementation of the requirements
associated with the Western Washington Phase II Municipal Stormwater Permit. Refer to
Utilities Committee.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEM 6.e. CARRIED.
SEPARATE CONSIDERATION - ITEM 6.e.
e) AB - 2019 Community Services Department requested approval to waive $150 in fees for
parking garage passes for volunteers working the Piazza Renton Tree Lighting event occurring
on November 25, 2017. Refer to Finance Committee
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 6.e. AS COUNCIL CONCUR. CARRIED.
UNFINISHED BUSINESS
a) Committee of the Whole: Council President Pavone presented a report in which the Committee
of the Whole reviewed the proposed 2017/2018 Mid-biennium Budget Amendment of
$14,357,394 over the two years for an adjusted appropriation of $564,346,276 for the biennium,
and recommended concurrence in the following actions:
1. Property Tax Levy (ordinance):
Set the 2018 property tax levy, plus the new construction, annexation, and
administrative refunds, at $19,400,000 based on the preliminary worksheet provided by
King County Assessor’s Office.
2. Creation of New Family First Center Development Fund 346 (budget ordinance):
Staff recommends creation of a new fund: Family First Center Development Fund (fund
346) to better track the resources and costs related to this project. Funds will be
deposited into this new fund and will not be appropriated unless Council gives
authorization.
3. Changes to Authorized Positions:
The proposed budget will add a total of 6 positions and make pay/classification
adjustments for another 8 positions. Half of these changes have been previously
approved by the City Council. These changes, and the 1 position added during the second
quarter of 2017, will increase the overall city position by 7.00 FTE. Details of the 7.00
positions and 8 pay/classification adjustments are outlined below:
a. Administrative Services:
i. Add 1 Organization Development Manager (m34).
ii. Convert City Clerk m30 to m38.
AGENDA ITEM #6. a)
November 6, 2017 REGULAR COUNCIL MEETING MINUTES
iii. Convert Deputy City Clerk m17 to m24.
iv. Convert Public Records Analyst a18 to a20.
v. Convert 2 City Clerk Specialists a09 to a11.
b. Community and Economic Development: Add 1 Permit Technician (a10).
c. Court Services: Add 1 Court Security Officer (a04) (previously approved).
d. Human Resources and Risk Management:
i. Add 1 Risk Analyst (m20).
ii. Convert 1 Risk Management Technician (n13) to 1 Human Resources Analyst
(m20).
e. Public Works (all previously approved):
i. Convert 1 Office Assistant I (a01) to 1 Airport Business Coordinator (a20).
ii. Add 1 Airport Operations and Maintenance Supervisor (a21).
iii. Add 1 Airport Operations Specialist (a15).
iv. Add 1 Maintenance Services Worker II (Utility Locator, a08).
v. Convert 1 Mechanic’s Assistant (a09) to Vehicle & Equipment Mechanic
(a15).
4. Rates and Fee Adjustments (resolution):
Adjust various fees as identified (red) in the proposed 2017/2018 Fee Schedule.
5. Authorize Police Department Take Home Cars Program (2yr Option):
a) Purchase 58 additional full size SUV Police patrol vehicles ($3.3M) with a phase-in
period of 2 years (estimated 29 vehicles/$1.65M per year).
b) 2018 funded by Seizure Funds ($250K), REET/Property Tax redistribution ($750K),
Public Safety Small Equipment Reserve ($450K), and by General Fund fund balance
($200K).
c) 2018 Fleet Fund 501 maintenance & operation is expected to increase by $97K,
which will be funded by General Fund fund balance.
d) 2019 Police patrol vehicle purchase of $1.65M will be funded by Public Safety Small
Equipment Reserve ($150K) and General Fund fund balance ($1.5M).
e) 2019 Fleet Fund 501 maintenance & operation and vehicle replacement costs are
expected to increase by $476K (2019), which will be funded by General Fund fund
balance. 2020 will be first year with a fully utilized Police Take Home Cars fleet with
an expected maintenance & operation and vehicle replacement cost of $760K.
The Committee of the Whole recommends Council approve the proposed 2017/2018 Mid-
biennium Budget Amendments and place associated legislation reflecting the above changes for
first reading.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
November 6, 2017 REGULAR COUNCIL MEETING MINUTES
b) Planning & Development Committee: Chair Prince presented a report concurring in the
Planning Commission and staff recommendation to amend the impact fee regulations to collect
fire impact fees on behalf of the Renton Regional Fire Authority (RRFA), to adopt RRFA’s Capital
Facilities Plan into the Capital Facilities element of the City’s Comprehensive Plan, and to update
the rate charged for the fire impact fee, as requested by the RRFA.
Finally, the Committee recommended that an ordinance and resolution to enact these changes
be prepared and presented for reading when they are complete.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Planning & Development Committee: Chair Prince presented a report concurring in the staff
recommendation to adopt a resolution to adopt Capital Facilities Plans for three school districts
within the City of Renton as follows:
• Issaquah School District; and
• Kent School District; and
• Renton School District.
Finally, the Committee recommended that a resolution regarding this matter be prepared for
first reading.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Utilities Committee: Chair McIrvin presented a report concurring in the staff recommendation
to:
1. Authorize the Agreement for Award of Flood Reduction Grant Funds between the City of
Renton and King County to provide $472,000 in grant funding to the City for the Madsen
Creek Improvement Project Phase 1.
2. Approve the transfer of $48,800 from the approved 2017 Surface Water Utility Capital
Improvement Program for Small Drainage Problems budget (427.475015) to the Madsen
Creek Improvement Project budget (427.475512) for City grant matching funds.
The funding transfer will be included in the next quarterly budget adjustment.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
g) Utilities Committee: Chair McIrvin presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to enter into a franchise agreement with XO Communications
Services, LLC as a purveyor of broadband telecommunication services within the City of Renton.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
f) Utilities Committee: Chair McIrvin presented a report concurring in the staff recommendation to
grant a partial release of an existing utility easement contained and described under King County
Recording #9107080928, subject to the collection of the requisite processing fee from the Strada
Da Valle LLC related to the U.S. Bank Project.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
November 6, 2017 REGULAR COUNCIL MEETING MINUTES
d) Transportation (Aviation) Committee: Chair Pérez presented a report concurring in the staff
recommendation to authorize the Mayor and City Clerk to execute Supplemental Agreement No.
2 to CAG-15-089 with KPG, P.S. for the Rainier Avenue South – Phase 4 (South 3rd Street to NW
3rd Place) (TIP #7) in the amount of $712,344.34, which brings the maximum amount payable on
this contract to $1,233,974.46.
MOVED BY PÉREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Resolution:
a) Resolution No. 4321: a resolution was read adopting by reference the current Capital
Facilities Plans for Kent, Issaquah, and Renton School Districts.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinances for first reading:
b) Ordinance No. 5862: An ordinance was read granting unto XO Communications Services, LLC,
a Limited Liability Company registered in the State of Delaware, authorized to do business
within the state of Washington, its affiliates, successors and assigns, the right, privilege, and
authority to install communications facilities, specifically fiber optic cable and related
appurtenances, under, along, over, below, through and across the streets, avenues and alleys
of the City of Renton within the public right‐of‐way of Renton.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
c) Ordinance No. 5863: An ordinance was read establishing the Property Tax Levy for the Year
2018 for general City operational purposes in the amount of $19,400,000.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
d) Ordinance No. 5864: An ordinance was read amending the City of Renton Fiscal Years
2017/2018 Biennial Budget as adopted by Ordinance No. 5824 and thereafter amended by
Ordinance Nos. 5835 and 5850, in the amount of $14,357,394.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
e) Ordinance No. 5865: An ordinance was read amending Section 4‐1‐190 of the Renton
Municipal Code, by amending Fire Protection Impact Fee Regulations, and providing for
severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
AGENDA ITEM #6. a)
November 6, 2017 REGULAR COUNCIL MEETING MINUTES
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
Mayor Law opened the floor for nominations for the positions of 2018 Council President, and
2018 Council President Pro Tem.
MOVED BY PERSSON, SECONDED BY WITSCHI, COUNCIL NOMINATE ED PRINCE AS
2018 COUNCIL PRESIDENT. CARRIED.
There being no further nominations, it was
MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL CLOSE NOMINATIONS
FOR 2018 COUNCIL PRESIDENT. CARRIED.
MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL ELECT ED PRINCE AS 2018
COUNCIL PRESIDENT. CARRIED.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL NOMINATE DON PERSSON
AS 2018 COUNCIL PRESIDENT PRO TEM. CARRIED.
There being no further nominations, it was
MOVED BY MCIRVIN, SECONDED BY PAVONE, COUNCIL CLOSE NOMINATIONS
FOR 2018 COUNCIL PRESIDENT PRO TEM. CARRIED.
MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL ELECT DON PERSSON AS
2018 COUNCIL PRESIDENT PRO TEM. CARRIED.
Councilmember Persson noted that WSDOT plans to remove an access bridge to the Renton
Hill neighborhood.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL REFER MITIGATION
MEASURES RELATED TO NOISE AND TRAFFIC IMPACTS REGARDING WSDOT'S
REMOVAL OF A RENTON HILL ACCESS BRIDGE TO THE ADMINSTRATION. CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL ADJOURN. CARRIED. TIME:
7:29 P.M.
Jason A. Seth, CMC, City Clerk
Jason Seth, Recorder
Monday, November 6, 2017
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
November 6, 2017
November 9, 2017
Thursday
3:30 PM Utilities Committee, Chair McIrvin – Council Conference Room
1. 2017-2019 Biennial Water Quality Stormwater Capacity Grant
2. Renton Commons Water Main Extension Latecomer Agreement
3. Emerging Issues in Utilities
4:00 PM Planning & Development Committee, Chair Prince – Council Conf. Room
1. Landmark Designation Nomination – The Cortona Building
2. Long Range Planning Work Program
3. Illicit Discharge Regulation Code Amendment
4. Supervised Injection Facilities Recommendation
November 13, 2017
Monday
4:00 PM Public Safety Committee – Council Conference Room, Chair Corman
1. Amending RMC 10-5, Vehicle Impoundment
2. Recruitment Bonus for Non-Commissioned Police Department Employees
3. Police Department Reorganization
4. Emerging Issues in Public Safety
CANCELLED Finance Committee, Chair Persson
5:00 PM Committee of the Whole, Chair Pavone
1. Legislative Priorities (in Conferencing Center)
2. Inclusion Update (in Council Chambers at approx. 6:00 pm)
AGENDA ITEM #6. a)
AB - 2027
City Council Regular Meeting - 13 Nov 2017
SUBJECT/TITLE: Interlocal Agreement with the Renton Regional Fire Authority - Fire
Impact Fees
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Administrative Services Department
STAFF CONTACT: Jan Hawn, Administrative Services Administrator
EXT.: 6858
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION:
Background
The City entered into an interlocal agreement (ILA) with the Renton Regional Fire Authority (RRFA) on
7/5/2016 which detailed the roles and responsibilities of the City and the Renton Regional Fire Authority.
Issue
The original ILA addressed many service areas; however, it called for a separate ILA between the City and the
RRFA to establish detailed responsibilities as it relates to the collection and disbursement of Fire Impact Fees.
The original ILA required consistency between the new Fire Impact Fe e agreement with the RRFA and the
existing City of Renton and Renton School District Impact Fee ILA. The agreement with the RRFA is slightly
more complex than the school district agreement because the City retains a portion of the Fire Station 13 debt
service liability; and the original Renton Regional Fire Authority Plan requires all Fire Impact Fees will be
applied towards the debt service until the debt is paid in full. The City and the RRFA have come to a mutual
agreement regarding Fire Impact Fees, which include the following tenants:
1. The City will continue to charge and collect Fire Impact Fees listed in the City's 2015 -2016 Fee Schedule.
2. Each year, by September 1st, the RRFA will submit any proposed impact fee updates along with an updated
Fire Capital Facilities Plan to the City and the City will amend its fee schedule to reflect those changes, if any.
3. The City will continue to retain liability for the debt service associated with Fire Station 13.
4. The City will use the collected Fire Impact Fees to pay the semi-annual debt service payments due
associated with Fire Station 13.
5. The City will retain all unspent Fire Impact Fees until the Fire Station 13 debt service is paid in full.
6. Once the Fire Station 13 debt service is paid in full, the City will remit all Fire Impact Fees collected, plus
applicable interest, to the RRFA on a monthly basis.
EXHIBITS:
A. Interlocal Agreement Debt Schedule
B. Resolution
STAFF RECOMMENDATION:
AGENDA ITEM #6. b)
Authorize the Mayor and City Clerk to enter into an interlocal agreement with the RRFA for the collection,
distribution, and expenditure of Fire Impact Fees.
AGENDA ITEM #6. b)
EXHIBIT A: Amortization Schedule
Loan Amount 7,000,096 Addt'l Principal 0
Less 2008 BH Bond Proceeds (202,011)Pymts/Year 2
Promissory Note Amount 6,798,085 Start Date 03/01/09
Ann Int Rate 3.75%Sched Pymt 250,317
Loan Pd (Yrs)20 Total Int 2,796,650
Pymt No Pymt Date Beginning
Balance
Scheduled
Payment
Addt'l Principal
Amount
Benson Hill
Estimated
Bond Proceeds
(Credit)
Principal Interest Ending Balance
City of Renton
semi-annual
outlay
03/01/09 - 6,798,085
1 09/01/09 6,798,085 250,317 333 (250,650) 122,138 128,512 6,675,946 -
2 03/01/10 6,675,946 250,317 - (126,246) 126,172 124,145 6,549,774 124,071
3 09/01/10 6,549,774 250,317 - (126,246) 126,500 123,818 6,423,275 124,071
4 03/01/11 6,423,275 250,317 - (135,462) 130,871 119,447 6,292,404 114,856
5 09/01/11 6,292,404 250,317 - (135,462) 131,365 118,952 6,161,039 114,856
6 03/01/12 6,161,039 250,317 - (140,527) 135,114 115,203 6,025,924 109,790
7 09/01/12 6,025,924 250,317 - (140,527) 136,403 113,915 5,889,522 109,790
8 03/01/13 5,889,522 250,317 - (145,265) 140,796 109,521 5,748,725 105,052
9 09/01/13 5,748,725 250,317 - (145,265) 141,643 108,675 5,607,083 105,052
10 03/01/14 5,607,083 250,317 - (151,469) 146,049 104,269 5,461,034 98,849
11 09/01/14 5,461,034 250,317 - (151,469) 147,081 103,236 5,313,953 98,849
12 03/01/15 5,313,953 250,317 - (158,163) 151,500 98,818 5,162,453 92,154
13 09/01/15 5,162,453 250,317 - (158,163) 152,726 97,592 5,009,727 92,154
14 03/01/16 5,009,727 250,317 - (164,356) 156,642 93,675 4,853,085 85,961
15 09/01/16 4,853,085 250,317 - (164,356) 158,574 91,743 4,694,511 85,961
16 03/01/17 4,694,511 250,317 - (170,969) 163,019 87,299 4,531,492 79,348
17 09/01/17 4,531,492 250,317 - (170,969) 164,653 85,664 4,366,839 79,348
18 03/01/18 4,366,839 250,317 - (178,830) 169,112 81,205 4,197,727 71,487
19 09/01/18 4,197,727 250,317 - (178,830) 170,963 79,354 4,026,764 71,487
20 03/01/19 4,026,764 250,317 - (186,030) 175,436 74,881 3,851,328 64,288
21 09/01/19 3,851,328 250,317 - (186,030) 177,511 72,806 3,673,816 64,288
22 03/01/20 3,673,816 250,317 - (193,414) 181,622 68,695 3,492,194 56,904
23 09/01/20 3,492,194 250,317 - (193,414) 184,300 66,017 3,307,894 56,904
24 03/01/21 3,307,894 250,317 - (63,648) 188,804 61,513 3,119,090 186,669
25 09/01/21 3,119,090 250,317 - - 191,354 58,964 2,927,736 250,317
26 03/01/22 2,927,736 250,317 - - 195,873 54,444 2,731,862 250,317
27 09/01/22 2,731,862 250,317 - - 198,674 51,643 2,533,189 250,317
28 03/01/23 2,533,189 250,317 - - 203,210 47,107 2,329,978 250,317
29 09/01/23 2,329,978 250,317 - - 206,271 44,046 2,123,707 250,317
30 03/01/24 2,123,707 250,317 - - 210,607 39,710 1,913,100 250,317
31 09/01/24 1,913,100 250,317 - - 214,152 36,165 1,698,948 250,317
32 03/01/25 1,698,948 250,317 - - 218,724 31,593 1,480,224 250,317
33 09/01/25 1,480,224 250,317 - - 222,335 27,982 1,257,889 250,317
34 03/01/26 1,257,889 250,317 - - 226,926 23,392 1,030,964 250,317
Fire District #40, Fire Station 13
Version: October 31, 2017
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EXHIBIT A: Amortization Schedule
Loan Amount 7,000,096 Addt'l Principal 0
Less 2008 BH Bond Proceeds (202,011)Pymts/Year 2
Promissory Note Amount 6,798,085 Start Date 03/01/09
Ann Int Rate 3.75%Sched Pymt 250,317
Loan Pd (Yrs)20 Total Int 2,796,650
Pymt No Pymt Date Beginning
Balance
Scheduled
Payment
Addt'l Principal
Amount
Benson Hill
Estimated
Bond Proceeds
(Credit)
Principal Interest Ending Balance
City of Renton
semi-annual
outlay
Fire District #40, Fire Station 13
35 09/01/26 1,030,964 250,317 - - 230,828 19,489 800,136 250,317
36 03/01/27 800,136 250,317 - - 235,438 14,879 564,698 250,317
37 09/01/27 564,698 250,317 - - 239,642 10,675 325,055 250,317
38 03/01/28 325,055 250,317 - - 244,239 6,078 80,816 250,317
39 09/01/28 80,816 82,344 - - 80,816 1,528 - 82,344
TOTAL 9,594,402 333 (3,815,759) 6,798,085 2,796,650 142,233,901 5,778,976
Version: October 31, 2017
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INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 1 of 12
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
THIS AGREEMENT is entered into this _______ day of November, 2017 ("Effective Date") by and
between the City of Renton, a Washington municipal corporation (the “City"), and the Renton
Regional Fire Authority, a Washington special purpose district ("RRFA") (collectively, the City and
the RRFA are the “Parties”).
RECITALS
1. The Washington State Legislature passed the Growth Management Act of 1990 (GMA) now
codified as chapter 36.70A RCW and chapter 82.02 RCW (the "Act") which authorizes the
imposition and collection of impact fees on development activity as part of the financing
for public facilities, including fire protection facilities, in order to serve new growth; and
2. The Act requires that financing for these public facilities must provide for a balance
between impact fees and other sources of public funds and cannot rely solely on impact
fees; and
3. Impact fees are a critical form of funding necessary for maintaining adequate public fire
protection facilities concurrently with development; and
4. The Act allows the collection and expenditure of impact fees only for public facilities that
are addressed by a capital facilities element of a comprehensive land use plan; and
5. The City Council has adopted section 4-1-190 of the Renton Municipal Code (“RMC”), titled
Impact Fees, which governs the City’s impact fee program, and authorizes the City to collect
fire impact fees in conformance with the Act; and
6. In the Interlocal Agreement for Cooperation Between the City of Renton and Renton
Regional Fire Authority, which became effective on July 5, 2016, and is maintained as City
file number CAG-16-116 (the “2016 ILA”), the City and the RRFA agreed that until 2017 the
City would charge the fire impact fees listed in the City’s 2015-2016 fee schedule, but that
“[b]eginning in 2017, by no later than September 1 of each year, the RRFA may submit to
the City proposed updates to the Fire Impact Fees, together with an updated Fire Capital
Facilities Plan;” and
7. The 2016 ILA also addressed debt service on a promissory note relating to Fire Station 13,
providing as follows at its Section XIV.A.:
“Pursuant to the RFA Plan, the City will retain collected Fire Impact Fees
necessary to cover the debt service requirement for a promissory note
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 2 of 12
between Fire District 40 and the City for the transfer of Fire Station 13 (the
‘Debt’). Fire Impact Fees collected in excess of such debt service shall be
remitted to the RRFA and spent in accordance with all applicable laws. To
the degree Fire Impact Fees are collected by the City through its billing,
permit or license systems, the City will remit to the RRFA in a timely manner
all funds collected in excess of the Debt;”
and the City’s amortization schedule for the debt service requirement on the promissory
note relating to Fire Station 13 (the “Debt Service”) is attached hereto as Exhibit A; and
8. The City makes two payments each year on the Debt Service, on March 1 and September 1.
As of September 1, 2017, the balance on the Debt Service was $4,531,492, plus interest at
an annual interest rate of 3.75%, all as shown in Exhibit A; and
9. The Parties reaffirm their intent that the fire impact fees collected by the City will be first
applied to the entire Debt Service, with only those fire impact fees collected in excess of
the entire Debt Service to be remitted by the City to the RRFA; and
10. As anticipated in the 2016 ILA, the RRFA prepared a Capital Facilities Plan (“RRFA CFP”)
under the Act and a Rate Study for Fire Impact Fees (“Fire Rate Study”) for adoption by the
RRFA's Governance Board, and authorization to collect and expend fees is contingent upon
the City's adoption of the RRFA CFP as part of the City's comprehensive land use plan
(“Comprehensive Plan”), as required by the Act, and the RRFA CFP's adherence to the
statutory requirements of the Act; and
11. The RRFA provided copies of the adopted RRFA CFP and Fire Rate Study to the City for
consideration and for adoption of the RRFA CFP into the City's Capital Facilities Element of
the Comprehensive Plan as anticipated in the 2016 ILA; and
12. The City Council is scheduled to adopt by ordinance the RRFA CFP into the City’s Capital
Facilities Element of the Comprehensive Plan, adopted the Fire Rate Study, and amended
RMC 4-1-190 to provide for collection of fire impact fees in the amounts established in the
Fire Rate Study; and
13. The City and the RRFA desire to enter into this Interlocal Agreement pursuant to chapter
39.34 RCW, for the purposes of setting forth the responsibilities and requirements of the
Parties with regard to the fire impact fee program, as anticipated in the 2016 ILA.
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 3 of 12
NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:
AGREEMENT
The City and the RRFA agree to comply with the terms of this Agreement, which shall govern the
collection, distribution, expenditure, and refunding of fire impact fees.
I. ADOPTION OF RECITALS
The foregoing recitals are adopted and incorporated herein as terms of this Agreement.
II. RESPONSIBILITIES OF THE RRFA
The RRFA, by and through its officials, employees, agents, and representatives, agrees to:
A. Annually, on or before September 1 of each year, submit to the City either (1) a six-year
capital facilities plan which shall comply with the applicable requirements of RMC 4-1-
190, together with an impact fee schedule which meets the requirements of the Act or
(2) an update of a previously adopted plan and shall comply with all other applicable
requirements of RMC 4-1-190.
B. Accept full responsibility if any fire impact fees are challenged, as more fully set forth in
Section VI.
C. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
expend impact fees remitted to the RRFA under this Agreement, and all interest
proceeds on such fees, solely for expenditures authorized by the Act.
D. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
prepare an annual report in accordance with the requirements of RCW 82.02.070(1) and
RMC 4-1-190 showing the system improvements that were financed in whole or in part
by impact fees and the amount of funds expended. The RRFA shall provide the annual
report to the City no later than September 1 of each year for the preceding calendar
year.
E. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
refund impact fees and interest earned on impact fees when a refund is required
pursuant to RCW 82.02.080.
F. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
maintain accounts and records necessary to ensure proper accounting for all impact fee
funds and for compliance with this Agreement, the Act, and RMC 4-1-190.
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 4 of 12
G. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
in the event the RRFA has extraordinary and compelling reasons for holding impact fees
for longer than the period provided in RCW 82.02.070(3), the RRFA shall identify such
findings in writing to its Governance Board and to the City Council.
H. At the request of the City, review for form any covenant or declarations of restrictions
that purports to maintain exemptions from payment of fire impact fees.
III. RESPONSIBILITIES OF THE CITY
The City, by and through its officials, employees, agents, and representatives, agrees to:
A. Timely review and take action to adopt the RRFA CFP, the Fire Rate Study, and the
RRFA's impact fee schedule, and subsequent updates to those documents, provided
that the RRFA has complied with the terms of this Agreement.
B. Pursuant to RMC 4-1-190, assess and collect the fire impact fees established in and
consistent with the RRFA capital facilities plan, Fire Rate Study, and impact fee schedule
that are adopted by the City.
C. Impose and collect an administrative fee for the collection of fire impact fees, if
established by Council resolution, which administrative fees shall belong solely to the
City. The City agrees that it will not impose an administrative fee prior to the time in
which the Debt Service has been paid in full.
D. Establish and maintain fire impact fee account(s) pursuant to RCW 82.02.070.
E. Between the Effective Date and the date the City has collected sufficient impact fees to
satisfy the Debt Service, the City shall apply such impact fees, together with all interest
accrued on the City’s impact fee account(s) to the Debt Service. The City shall not be
required to transfer any impact fees or interest to the RRFA until the City has collected
sufficient impact fees to satisfy the Debt Service. During this time period, the City shall,
on behalf of the RRFA, be responsible for performing the refunding, reporting and
accounting obligations set forth in Section II.D.E.F. and G.
F. After the date the City has collected sufficient impact fees to satisfy the Debt Service,
the City shall remit monthly to the RRFA, all impact fees and accrued interest on such
fees collected by the City during the prior month. Each remittal shall be less any
applicable administrative fees.
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 5 of 12
IV. GENERAL TERMS
A. This Agreement may only be amended in writing and shall become effective only when the
governing body of each party has approved a written amendment or addendum to this
Agreement.
B. The Parties acknowledge that, except as otherwise specifically provided for herein, the City
shall in no event be responsible for the payment of any impact fees to the RRFA, except for
impact fees actually collected for the RRFA.
C. The Parties acknowledge that the RRFA shall in no event be responsible for the payment of
any of the Debt Service regardless of the amount of impact fees collected.
D. This Agreement shall remain in effect until terminated as provided in Section VII.
E. No separate legal or administrative entity is created under this Agreement.
F. No joint financing structure or budget is hereby created under this Agreement.
G. No real or personal property will be acquired under this Agreement.
H. This Agreement will be administered by the Chief Administrative Officer of the City of
Renton, or his/her designee and the Fire Chief of the RRFA or his/her designee.
V. AUDIT
A. Both Parties' records and documents with respect to all matters covered by this Agreement
shall be subject to inspection, review, or audit by the other party or by an appropriate state
agency.
B. The RRFA agrees to cooperate with any monitoring or evaluation activities conducted by
the City that pertain to the subject of this Agreement. The RRFA agrees to allow the City, or
appropriate state agencies and/or any of their employees, agents, or representatives to
have full access to and the right to examine during normal business hours, all of the RRFA's
records with respect to all matters covered by this Agreement. The City and/or any of its
employees, agents, or representatives shall be permitted to audit, examine, and make
excerpts or transcripts from such records and to make audits of all invoices, materials,
payrolls, and record of matters covered by this Agreement. The City will give fifteen (15)
days' advance notice to the RRFA of fiscal audits to be conducted.
C. The results and records of such audits shall be maintained and disclosed in accordance with
chapter 42.56 RCW and RMC 4-1-190.
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 6 of 12
VI. INDEMNIFICATION AND HOLD HARMLESS
A. The RRFA shall, at its own cost and expense, protect, defend, indemnify, and hold harmless
the City, its officers, employees and agents, from any and all costs, claims, judgments or
awards of damages, arising out of or in any way resulting from the acts or omissions of the
RRFA, its officers, employees or agents, relating to the RRFA's implementation of the fire
impact fee program, performance of the responsibilities set forth in Section II of this
Agreement, or compliance with the terms of the Act or RMC 4-1-190, all as may be amended
from time to time. This indemnification by the RRFA of the City shall include, but not be
limited to:
1. The RRFA's responsibility to refund any fees with interest, which are determined by a
court of competent jurisdiction to have been improperly paid, regardless of whether
the City erroneously required the fee amount;
2. The RRFA's agreement not to impose any liability on the City for the City's failure to
collect the proper fee amount or any fee from a developer conducting any development
activity, provided that the City shall make reasonable attempts to collect such fee.
B. The RRFA shall, at its own cost and expense, protect, defend, indemnify, and hold harmless
the City, its officers, employees, and agents, from any and all costs, claims, judgments, or
awards of damages, resulting from a challenge to the legality of any provision of RMC 4-1-
190 as applied to a developer engaging in a development activity located within the RRFA’s
boundaries; provided, however, that if the RRFA offers to defend the City, the RRFA shall
not be liable for any of the City's attorney's fees or incidental litigation expenses incurred
after such offer to defend is made; provided further, that if the RRFA defends the City, the
RRFA shall be authorized to settle any such challenge.
C. The RRFA further agrees that the RRFA shall, at its own costs and expense, protect, defend,
indemnify, and hold harmless the City, its officers, employees, and agents from any and all
costs, claims, judgments, or awards of damages arising out of or in any way resulting from
the RRFA's failure to refund impact fees, or interest on such impact fees including but not
limited to a determination that impact fees from development activity that was not
completed are not refundable because the funds were expended or encumbered by the
RRFA whether or not the RRFA's determination was made in good faith; provided however,
that if the RRFA offers to defend, the RRFA shall not be liable for any of the City's attorney's
fees or incidental litigation expenses incurred after such offer to defend is made; provided
further/that if the RRFA defends the City, the RRFA shall be authorized to settle any such
challenge.
D. The RRFA's duties to the City under this Section shall not be diminished or extinguished by
the prior termination of this Agreement pursuant to Section VII.
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 7 of 12
E. Except as provided in paragraphs A, B and C, the City shall, at its own cost and expense,
protect, defend indemnify and hold harmless the RRFA, its officers, employees, or agents,
from any and all costs, claims, judgments or awards of damages, arising out of or in any way
resulting from the acts or omissions of the City, its officers, employees, or agents, relating
to the City's implementation of the fire impact fee program, performance of the
responsibilities set forth in Section III of this Agreement, or the terms of RMC 4-1-190, all
as may be amended from time to time; provided however, that if the City offers to defend,
the City shall not be liable for any of the RRFA's attorney's fees or incidental litigation
expenses incurred after such offer to defend is made, and provided further that the RRFA
shall promptly refund any fees as required by a final court order including payment of any
pre- or post-judgment interest.
F. The City's duties to the RRFA under this Section shall not be diminished or extinguished by
termination of this Agreement pursuant to Section VII.
G. As anticipated in the 2016 ILA, the RRFA accepts full responsibility for ensuring that the fire
impact fees remitted to the RRFA are lawfully charged; for that reason, unless extent
expressly and directly limited by any of the preceding terms, the RRFA agrees to indemnify,
defend, and hold the City harmless from all claims or actions arising out of the City’s
collection and remittance of fire impact fees.
VII. COMMENCEMENT DATE AND TERMINATION
A. The term of this Agreement shall commence upon the Effective Date.
B. The RRFA's authorization to receive impact fees under this Agreement may be terminated
without cause by the City, in whole or in part, at any time, but only upon the repeal or
invalidation of the fire impact fee-related portions of RMC 4-1-190.
C. Unless otherwise expressly provided in this Agreement, no party may terminate this
Agreement until after all of the following conditions have been satisfied:
1. The City or the RRFA provides at least 180 days’ written notice that this Agreement is
being terminated; and
2. Neither the RRFA, nor the City on behalf of the RRFA, retains unexpended,
unencumbered, or unrefunded impact fees collected during the term of the Agreement
and interest earned thereon, as provided in chapter 82.02 RCW; and
3. The Debt is fully paid off.
D. The obligations under Section VI, Indemnification and Hold Harmless, shall be continuing
and shall not be diminished or extinguished by the termination of this Agreement.
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 8 of 12
E. Nothing herein shall, limit, waive, or extinguish any right or remedy provided by this
Agreement or by law that either party may have in the event that the obligations, terms,
and conditions set forth in this Agreement are breached by the other party.
VIII. SEVERABILITY
In the event any term or condition of this Agreement or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications
of this Agreement which can be given effect without the invalid term, condition or application. To
this end the terms and conditions of this Agreement are declared severable.
IX. RIGHTS TO OTHER PERSONS OR PARTIES
It is understood and agreed that this Agreement is solely for the benefit of the Parties and conveys
no right to any other person or party.
X. GOVERNING LAW AND FILING
This Agreement shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by the laws of the State of Washington. Jurisdiction of any
dispute arising under this Agreement shall be in King County Superior Court, and each party shall
be responsible for its own costs and attorneys' fees. This Agreement shall be filed with the clerk
of the City, the clerk of the RRFA, and may be recorded with the King County Auditor's Office or
posted on the websites of the Parties.
XI. ADMINISTRATION
The City's representative shall be and notices shall be sent to:
Chief Administrative Officer
1055 Grady Avenue South
Renton, WA 98057
425.430.6500
The RRFA's representative shall be and notices shall be sent to:
Fire Chief
24611 116th Ave SE.
Renton, WA 98030
425.430.7000
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 9 of 12
XII. NOTICE
All communications, including notices, regarding this Agreement shall be sent to the Parties’
representatives at the addresses listed in Section XI. Any written notice shall become effecti ve
upon (1) personal service or (2) three (3) business days after the date of mailing by registered or
certified mail and first-class mail, and shall be deemed sufficiently given if sent to the address
stated in this Agreement, or to such other address as may be specified in writing by a party.
XIII. ENTIRE AGREEMENT/WAIVER OF DEFAULT
The Parties agree that this Agreement is the complete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Both Parties recognize
that time is of the essence in the performance of the provisions of this Agreement. Waiver of any
default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any
provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of the Agreement unless stated to be
such through written approval by the Parties, which shall be attached to the original Agreement.
XIV. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
[The remainder of this page is blank; signatures follow below.]
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 10 of 12
IN WITNESS, the Parties below execute this Agreement, which shall become effective on the last
date entered below.
RENTON REGIONAL FIRE AUTHORITY
By: Richard Marshall
Its: Fire Chief
Dated:
STATE OF W ASHINGTON )
) SS
COUNTY OF )
On this day of , 20 , before me personally appeared
RICHARD MARSHALL, to me known to be the Fire Chief of the RENTON REGIONAL FIRE AUTHORITY,
a Washington special purpose district, that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said special purpose
district for the uses and purposes therein mentioned, and on oath stated that he was aut horized
to executed said instrument.
DATED , 20 .
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of W ashington,
residing at
My appointment expires:
APPROVED AS TO FORM:
Brian Snure
Attorney for RRFA
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 11 of 12
CITY OF RENTON
By: Denis Law
Its: Mayor
Dated:
STATE OF W ASHINGTON )
) SS
COUNTY OF )
On this day of , 20 , before me personally appeared
DENIS LAW, to me known to be the Mayor of the CITY OF RENTON, a Washington municipal
corporation, that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation for the uses
and purposes therein mentioned, and on oath stated that he was authorized to executed said
instrument.
DATED , 20 .
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of W ashington,
residing at
My appointment expires:
APPROVED AS TO FORM:
Shane Moloney, City Attorney
AGENDA ITEM #6. b)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 12 of 12
EXHIBIT A:
DEBT AMORTIZATION SCHEDULE
[Attached]
AGENDA ITEM #6. b)
AB - 2031
City Council Regular Meeting - 13 Nov 2017
SUBJECT/TITLE: North Southport Drive – Street Name Change
RECOMMENDED ACTION: Refer to Committee of the Whole
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Cliff Long, Economic Development Director
EXT.: 6591
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
In December 2016, the City received an informal request from SECO Development, developer for the
Southport Master Planned project, to change the N Park Drive street name to N Southport Drive west of I-405.
The proposed street name change is for the segment of N Park Drive, situated between I -405 and the eastern
termination of Logan Ave N. The subject street is an east/west primary arterial road with several names
beginning with Logan Ave N transitioning to N Park Drive as it travels east towards I-405. Just east of I-405 the
street name changes to NE Park Drive and then again to NE Sunset Blvd. Wayfinding along and in the vicinity
of this street is complex due to confusion caused by identical street names with different suffixes and multiple
street names over the length of the street.
Municipalities have an obligation to establish and maintain clear identification and provide effective
wayfinding to promote commerce and pub lic safety. The requested street name change would eliminate
identical street names with different suffixes and allow for the street to be distinguished from the north/south
segment of Park Ave N which extends northward from Bronson Way N, where it meets u p with N Park Drive
and how it transitions to NE Sunset Blvd.
EXHIBITS:
A. Issue Paper
B. Vicinity Map
STAFF RECOMMENDATION:
Set a public hearing for December 4, 2017, and approve the street name change from N Park Drive to
Southport Drive and NE Park Drive to NE Sunset Drive respectively.
AGENDA ITEM #6. c)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:November 6, 2017
TO:Armondo Pavone, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:C. E. “Chip” Vincent, CED Administrator
STAFF CONTACT:Cliff Long, Economic Development Director
SUBJECT:N Southport Drive – Street Name Change
ISSUE:
Should City Council approve a street name change for the portion of N Park Drive
situated between the termination of Logan Ave N and Interstate-405 (I-405) to
“Southport Drive”?
RECOMMENDATION:
Staff recommends Council approve the street name change from N Park Drive to
Southport Drive and NE Park Drive to NE Sunset Drive respectively.
BACKGROUND SUMMARY:
In December 2016, the City received an informal request from SECO Development,
developer for the Southport Master Planned project, to change the N Park Drive street
name to N Southport Drive west of I-405. Pursuant to RMC 9-11, the street grid system
addressing standards facilitate consistent response by emergency services and provide
uniform application guidelines which include naming conventions. However, a written
process to request street name changes within the City does not exist. Historically, City
Council initiates such requests, holds a public hearing, and if approved adopts a
Resolution to finalize the street name change.
The proposed street name change is for the segment of N Park Drive, situated between
I-405 and the eastern termination of Logan Ave N. The subject street is an east/west
primary arterial road with several names beginning with Logan Ave N transitioning to N
Park Drive as it travels east towards I-405. Just east of I-405 the street name changes to
NE Park Drive and then again to NE Sunset Blvd. Wayfinding along and in the vicinity of
this street is complex due to confusion caused by identical street names with different
suffixes and multiple street names over the length of the street.
AGENDA ITEM #6. c)
Armondo Pavone, Council President
Page 2 of 3
November 6, 2017
Municipalities have an obligation to establish and maintain clear identification and
provide effective wayfinding to promote commerce and public safety. The requested
street name change would eliminate identical street names with different suffixes and
allow for the street to be distinguished from the north/south segment of Park Ave N
which extends northward from Bronson Way N, where it meets up with N Park Drive
and how it transitions to NE Sunset Blvd.
“N Southport Drive” would be named after the Southport waterfront development, a
2.4 million square foot mixed-use development on the shores of Lake Washington and
within 500 feet of the subject street segment. The development includes three, 9-story
buildings consisting of 728,769 square feet of Class A office space. Construction on the
office campus began in January 2016, with occupancy scheduled for July 2018. The
campus will join the 383 units of multi-family housing completed in 2008 and the 347-
room Hyatt Regency Lake Washington and 43,000 square foot Conference Center
completed July 2017. Upon completion of all three phases of Southport, it is expected
7,000 - 9,000 residents, tenants, patrons and employees will visit the Southport
development every day, likely making it one of the busiest areas of the City.
Renaming the street segment, west of I-405, to “N Southport Drive” would serve to
reduce the likelihood of motorist confusion for the anticipated increases in first time
visitors to the area generated by the new Southport development.
Abutting this approximate 1,910 foot (0.36 mile) segment requested to be changed,
land uses such as multi-family residential, industrial manufacturing, and utility
switchyards can be found amongst vacant/underdeveloped land. The street name
change does not affect any current civic addresses. The name change could impact
future addressing depending on how abutting properties redevelop and where access
points would be located.
Staff investigated whether the portion of NE Park Drive that extends east beyond I-405
should be changed to further clarify wayfinding into the Sunset Highlands. Given the
Southport project and subsequently related traffic does not extend to that portion of NE
Park Drive, a change to Southport Drive wouldn’t improve wayfinding for what is the
Sunset Community Planning Area. However, the name change to the west presents an
opportunity for the Sunset Highlands to establish a sense of place east of I-405 through
a street name change. Therefore, staff is recommending a street name change, for the
NE Park Drive segment, to “NE Sunset Drive”.
Similar to N Southport Drive, renaming the street segment east of I-405 to NE Sunset
Drive would serve to reduce the likelihood of motorist confusion for the Sunset
community planning area and the street name change also doesn’t affect current civic
addresses. Abutting this approximate 2,600 foot (0.5 mile) segment requested to be
AGENDA ITEM #6. c)
Armondo Pavone, Council President
Page 3 of 3
November 6, 2017
changed, multi-family residential land use can be found amongst
vacant/underdeveloped land.
City staff also solicited comments from Washington Department of Transportation
(WSDOT) given a portion of the street segment is located within WSDOT right-of-way.
WSDOT indicated there was no opposition to the street name/exit signage change as
long as WSDOT bears no cost. SECO Development would be required to apply to the
WSDOT King and Snohomish Development Services Division for changes to Interstate-
405, Exit-5 signage necessitated by the new street name and bear all cost associated
with sign replacement.
The date of implementation is proposed for January 1, 2018, so as to allow sufficient
time for coordination with WSDOT for changes in exit signage on the interstate.
To accommodate the required street name changes, it will also be necessary to replace
affected local street signs. A review of the affected intersections by the Transportation
Department has revealed that seven signs will be required to be replaced on local
streets. SECO Development would be required to coordinate with the Transportation
Department for the replacement of all street signage and bear all costs associated with
sign replacement.
CONCLUSION:
The N Southport Drive street name change has been reviewed by the City staff and is
found to be in conformance with the intent of RMC 9-11, Street Grid System. The
change to N Southport Drive would provide for a unique identity reflecting the
waterfront character of the neighboring developments and Gene Coulon Memorial Park
as well as improve wayfinding. Similarly, the change to NE Sunset Drive would reduce
the likelihood of motorist confusion for the Sunset Community Planning Area.
Therefore, staff recommends approval of the renaming of N Park Drive to N Southport
Drive and NE Park Drive to NE Sunset Drive respectively.
cc: Jay Covington, CAO
Jason Seth, City Clerk
Jan Hawn, Administrative Services Administrator
Gregg Zimmerman, Public Works Administrator
Kelly Beymer, Community Services Administrator
AGENDA ITEM #6. c)
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AB - 2030
City Council Regular Meeting - 13 Nov 2017
SUBJECT/TITLE: Youth Amateur Sports Grant
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community Services
STAFF CONTACT: Maryjane Van Cleave, Recreation Director
EXT.: 6615
FISCAL IMPACT SUMMARY:
$10,000 from YASG Get Active-Stay Active Programs Grant from King County will go towards sporting
equipment and uniforms for the City of Renton Specialized Recreation - Special Olympics.
SUMMARY OF ACTION:
The Specialized Recreation Program provides recreational and social opportunities for participants from ages 8
to 70 years with intellectual disabilities, with 50% of the participants from the City of Renton. The YASG funds
will go directly to the Special Olympic participation and competition opportunities provided by the Specialized
Recreation program. The program coordinates participation, training, and transportation to the events. Funds
will go towards new sporting equipment and uniforms for those who p articipate and compete in the Special
Olympics through this program.
EXHIBITS:
A. Youth and Amateur Sports Grant Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Youth and Amateur Sports Grant Agreement from King
County Parks, and allocate grant fund to City of Renton Specialized Recreation Program - Special Olympics.
AGENDA ITEM #6. d)
Youth and Amateur Sports Grant Agreement
Get Active / Stay Active Program
Department/Division:Natural Resources and Parks / Parks and Recreation Division
Agency:City of Renton Parks and Recreation
Project:Specialized Rec Program
Amount:$10,000.00 Project: Contract: 5971650
Term Period: January 1, 2017 To December 31, 2018
THIS CONTRACT is entered into by KING COUNTY (the “County”), and City of Renton Parks and
Recreation (the “Agency”), whose address is 1055 S. Grady Way , Renton, WA 98057
WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or
amateur sports opportunities or are acts as a fiscal sponsor for such programming;
WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports
Fund (“YASF”) Grant award to assist in programs that provide increased athletic opportunities for
the citizens of King County, Washington;
WHEREAS, the Agency shall utilize the award to address an athletic need in King County; and
WHEREAS, King County is authorized to administer the YASF grant program and enter into
agreements for the use of King County funds by public agencies or not-for-profit organizations to
provide a service to the public under King County Ordinance 18409;
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
agree as follows:
The Agency shall provide services and comply with the requirements set forth hereinafter and
in the following attached exhibits, which are incorporated herein by reference:
Scope of Services Attached hereto as Exhibit I
Budget Attached hereto as Exhibit II
2. TERM OF CONTRACT
This Agreement shall commence on January 1, 2017, and shall expire on the December 31,
2018, unless extended or earlier terminated, pursuant to the terms and conditions of this
Agreement.
AGENDA ITEM #6. d)
3. PREMISES
This grant program is located at:
1715 Maple Valley Highway, Renton WA 98057
4. PARTIES
All communication, notices, coordination, and other tenets of this Agreement shall be managed
by:
On behalf of County:
Butch Lovelace, YSFG Program Manager
King County Parks and Recreation Division
201 South Jackson Street, Suite 700
Seattle, WA 98104-3855
Email: butch.lovelace@kingcounty.gov
Phone: 206.477.4577
On behalf of Agency:
Maryjane Van Cleave, Deputy Public Affairs Administrator
City of Renton Parks and Recreation
1055 S. Grady Way
Renton, WA 98057
Email: MVanCleave@rentonwa.gov
Phone: 425-430-6400
5. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory completion of the services and
requirements specified in this Agreement after the Agency submits an invoice and all
accompanying reports as specified in the attached exhibits. The County will initiate
authorization for payment after approval of corrected invoices and reports. The County
shall make payment to the Agency not more than thirty (30) days after a complete and
accurate invoice is received.
B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15) days
of the date this Agreement expires or is terminated. If the Agency’s final invoice and reports
are not submitted by the day specified in this subsection, the County will be relieved of all
liability for payment to the Agency of the amounts set forth in said invoice or any subsequent
invoice.
AGENDA ITEM #6. d)
6. OPERATING BUDGET
When a budget is attached hereto as Exhibit II, the Agency shall apply the funds received from
the County under this Agreement in accordance with said budget. If, at any time during the
Term of this Agreement, the Agency expects that the cumulative amount of transfers among the
budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the Agreement amount,
then the Agency shall notify County to request approval. Supporting documents necessary to
explain fully the nature and purpose of the change(s) and an amended budget must accompany
each request for such approval. County approval of any such amendment shall not be
unreasonably withheld.
7. COMMUNICATION
The Agency shall recognize County as a fiscal sponsor for the grant program in the following
manner:
A. Events: The Agency shall invite and recognize “King County Parks” at all events promoting
the project, and at the final project dedication.
B. Community Relations: The Agency shall recognize “King County Parks” as a fiscal
sponsor in all social media, websites, brochures, banners, posters, press releases, and other
promotional material related to the Project.
8. PRIORITY OF USE; PUBLIC ACCESS; SCHEDULING
These funds are provided for the purpose of developing and/or programming sports activities
for, but not exclusively serving, persons under 21 years of age, and low and moderate income
communities within King County. Fees for the program shall be no greater than those generally
charged by public operators or program providers in King County.
9. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental
accounting and financial reporting standards in accordance with Revised Code of Washington
(RCW) Chapter 40.14.
10. MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property, financial,
and programmatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Agreement funds and compliance with this
Agreement.
B. These records shall be maintained for a period of six (6) years after the expiration or earlier
termination of this Agreement unless permission to destroy them is granted by the Office of
the Archivist in accordance with RCW Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the Agency
address listed on page one of this Agreement, of the aforesaid books, records, documents,
and other evidence and shall notify the County in writing of any changes in location within
ten (10) working days of any such relocation.
AGENDA ITEM #6. d)
11. RIGHT TO INSPECT
King County reserves the right to review and approve the performance of Agency with regard
to this Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding
this Agreement and the Program upon reasonable notice during normal business hours.
12. COMPLIANCE WITH ALL LAWS AND REGULATIONS
The Agency, in cooperation and agreement with the owners of the Premises, shall comply with
all applicable laws, ordinances and regulations in using funds provided by the County,
including, without limitation, those relating to providing a safe working environment to
employees and, specifically, the requirements of the Washington Industrial Safety and Health
Act (WISHA); and, to the extent applicable, those related to “public works,” payment of
prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to
comply and pay all costs associated with achieving such compliance without notice from King
County; and further agrees that King County, does not waive this Section by giving notice of
demand for compliance in any instance. The Agency shall indemnify and defend the County
should it be sued or made the subject of an administrative investigation or hearing for a violation
of such laws related to this Agreement.
13. CORRECTIVE ACTION
A. If the County determines that a breach of contract has occurred or does not approve of the
Agency's performance, it will give the Agency written notification of unacceptable
performance. The Agency will then take corrective action within a reasonable period of
time, as may be defined by King County in its sole discretion in its written notification to
the Agency.
B. The County may withhold any payment owed the Agency until the County is satisfied that
corrective action has been taken or completed.
14. TERMINATION
A. The County may terminate this Agreement in whole or in part, with or without cause, at any
time during the Term of this Agreement, by providing the Agency ten (10) days advance
written notice of the termination.
B. If the termination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Agency shall return to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Agency by the County.
C. Any King County obligations under this Agreement beyond the current appropriation year
are conditioned upon the County Council's appropriation of sufficient funds to support such
obligations. If the Council does not approve such appropriation, then this Agreement will
terminate automatically at the close of the current appropriation year.
15. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and assumes
no obligation for future support of the activity contracted for herein except as expressly set forth
in this Agreement. The Agency understands, acknowledges, and agrees that the County shall
AGENDA ITEM #6. d)
not be liable to pay for or to provide any utilities or services in connection with the Project
contemplated herein.
16. HOLD HARMLESS AND INDEMNIFICATION
The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless King County, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, and judgments, including costs of defense thereof, for
injury to persons, death, or property damage which is caused by, arises out of, or is incidental
to any use of or occurrence on the Project that is the subject of this Agreement, or the Agency's
exercise of rights and privileges granted by this Agreement, except to the extent of the County's
sole negligence. The Agency's obligations under this Section shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at the
Agency's own expense;
B. Indemnification of claims made by the Agency's employees or agents; and
C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51
RCW, but only to the extent necessary to indemnify King County, which waiver has been
mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs
to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable
from the Agency.
In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees
to protect, defend, indemnify and save the County, its officers, officials, employees and agents
from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any
kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"),
arising out of or in any way resulting from the Agency's officers, employees, agents and/or
subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and
privileges granted under this Agreement, to the maximum extent permitted by law or as defined
by RCW 4.24.115, as now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be included in
all Agreements or subcontractor Agreements entered into by Agency in conjunction with this
Agreement. The Agency's duties under this Section will survive the expiration or earlier
termination of this Agreement.
17. INSURANCE
A. Liability Insurance Requirements. Notwithstanding any other provision within this
Agreement, the Agency and it subcontractors shall procure and maintain coverage and limits
for no less than the following:
1. Commercial General Liability. Insurance Service “occurrence” form CG 00 01 (current
edition), to include Products-Completed Operations, insurance against claims for
injuries to persons or damages to property that may arise from or in connection with
activities under this Agreement. The insurance coverage shall be no less than One
Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million
Dollars ($2,000,000) in the aggregate.
AGENDA ITEM #6. d)
2. Automobile Liability. If activities require vehicle usage. Insurance Services form
number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol
1 “any auto”. If the grant includes the use of automobiles, the Limit of Liability shall be
no less than One Million Dollars ($1,000,000) per occurrence.
3. Workers Compensation/Stop Gap. If the recipient or its contractor(s) has/have
employees. Statutory Workers Compensation coverage and Stop Gap Liability for a limit
no less than One Million Dollars ($1,000,000) per occurrence.
4. Professional Liability. If the grant includes the use of Professional Services. Professional
Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and
in the aggregate.
B. If the grant involves the construction of a capital project or involves the purchase of
equipment greater than Five Thousand ($5,000) in value, the Agency shall provide “All
Risk” Builders Risk or Property coverage for the full replacement value of the
project/property built/purchased. King County shall be listed as an additional Loss payee
as our interests may appear.
C. King County and its officers, officials, employees and agents shall be covered as additional
insured on Agency’s and its contractor(s’) commercial general liability insurance and, if
applicable, commercial auto liability insurance, with respect to liability arising out of
activities performed by the Agency and its contractors. Additional Insured status shall
include Products-Completed Operations.
D. To the extent of the Agency's or its contractor’s negligence, their insurance respectively
shall be primary insurance with respect to the County, its officers, employees and agents.
Any insurance or self-insurance maintained by the County, and its officers, officials,
employees or agents shall not be subjected to contribution in favor of the Agency or its
contractors insurance, and shall not benefit either in any way.
The Agency's and its contractors' insurance shall apply separately to each insured against
whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability.
E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except
by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days'
prior written notice has been given to and change in coverage accepted by King County.
F. The insurance provider must be licensed to do business in the State of Washington and
maintain a Best’s rating of no less than A-VIII. Within five (5) business days of County’s
request, Agency must provide a Certificate of Insurance and Additional Insured
Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be
responsible for the maintenance of their contractors' insurance documentation.
G. If the Agency is a municipal corporation or an agency of the State of Washington and is
self-insured for any of the above insurance requirements, a certification of self-insurance
shall be attached hereto and be incorporated by reference and shall constitute compliance
with this Section.
H.The Agency's duties under this Section shall survive the expiration or earlier
termination of this Agreement. The Agency understands, acknowledges and agrees that
for the relevant period of public use set forth in Section 8, the Agency shall maintain
AGENDA ITEM #6. d)
insurance and name the County as an additional insured, all of which shall be consistent
with the requirements of this Section.
18. ANTI-DISCRIMINATION
King County Code chapters 12.16, 12.17 through 12.18 apply to this Agreement and are
incorporated by this reference as if fully set forth herein. In all hiring or employment made
possible or resulting from this Agreement, there shall be no discrimination against any employee
or applicant for employment because of sex, age, race, color, creed, religion, national origin,
sexual orientation, gender identity or expression, marital status or the presence of any sensory,
mental, or physical disability unless based upon a bonafide occupational qualification, or age
except by minimum age and retirement provisions, and this requirement shall apply to but not
be limited to the following: employment, advertising, lay-off, or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. No person
shall be denied or subjected to discrimination in receipt of the benefit of any services or activities
made possible by or resulting from this Agreement on the grounds of sex, race, color, creed,
national origin, religion, sexual orientation, gender identity or expression, age (except minimum
age and retirement provisions), marital status, or the presence of any sensory, mental, or physical
handicap. Any violation of this provision shall be considered a violation of a material provision
of this Agreement and shall be grounds for cancellation, termination or suspension in whole or
in part of this Agreement by King County and may result in ineligibility for further King County
agreements. [Community Partner Name] shall also comply with all applicable anti-
discrimination laws or requirements of any and all jurisdictions having authority.
19. CONFLICT OF INTEREST
KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth
hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency
to comply with any requirement of said KCC Chapter shall be a material breach of contract.
20. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
21. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the County and the Agency, the Agency shall be responsible to operate and
maintain the completed project at its own sole expense and risk. The Agency shall maintain
the completed project in good working condition consistent with applicable standards and
guidelines. The Agency understands, acknowledges, and agrees that the County is not
responsible to operate or to maintain the project in any way.
B. The Agency shall be responsible for all property purchased pursuant to this Agreement,
including the proper care and maintenance of any equipment.
C. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment and materials
purchased with Agreement funds. The Agency's duties under this Section shall survive
the expiration of this Agreement.
AGENDA ITEM #6. d)
22. NOTICES
Whenever this Agreement provides for notice to be provided by one party to another, such notice
shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any
such notice shall be deemed to have been given on the date of delivery, if mailed, on the third
(3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business
day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed
to have been given on the date of transmission. Either party may change its address, fax number,
email address, or the name of the person indicated as the recipient by notice to the other in the
manner aforesaid.
23. ASSIGNMENT
The Agency shall not assign any portion of rights and obligations under this Agreement or
transfer or assign any claim arising pursuant to this Agreement without the written consent of
the County. The Agency must seek such consent in writing not less than fifteen (15) days prior
to the date of any proposed assignment.
24. CONTRACT AMENDMENTS
This Agreement together with the attached exhibits expressly incorporated herein by reference
and attached hereto shall constitute the whole Agreement between the Parties. Either party may
request changes to this Agreement. No modifications or amendment of this Agreement shall be
valid or effective unless evidenced by an Agreement in writing signed by the Parties.
25. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
breach of any provision of the Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Agreement
unless stated to be such through written approval by the County, which shall be attached to the
original Agreement.
26. TAXES
The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and
property, including, without limitation, any leasehold excise tax due under RCW Chapter
82.29A; PROVIDED, however, that nothing contained herein will modify the right of the
Agency to contest any such tax, and the Agency will not be deemed to be in default as long as
it will, in good faith, be contesting the validity or amount of any such taxes.
AGENDA ITEM #6. d)
27. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of Washington,
which will be controlling in any dispute that arises hereunder. Actions pertaining to this
Agreement will be brought in King County Superior Court, King County, Washington.
28. PARAGRAPH HEADINGS
The paragraph headings contained herein are only for convenience and reference and are not
intended to be a part of this Agreement or in any manner to define, limit, or describe the scope
or intent of this Agreement or the particular paragraphs to which they refer.
29. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection and
copying by the public.
30. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, the County and the Agency a partner
of one another, and this Agreement will not be construed as creating a partnership or joint
venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or
obligation in any person or entity not a party to it.
31. SINGULAR AND PLURAL
Wherever the context will so require, the singular will include the plural and plural will include
the singular.
32. PERMITS AND LICENSES
The Agency shall design, develop and construct the Project in accordance will all applicable
laws and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be
performed by Agency at its sole expense and liability. The Agency shall, at its sole cost and
expense, apply for, obtain and comply with all necessary permits, licenses and approvals
required for the Project,
33. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the County
decision will govern and will be binding upon the Agency.
34. POLICE POWERS OF THE COUNTY
Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental
or police powers of the County.
35. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and the Agency. It supersedes all other agreements and understandings between them,
whether written, oral or otherwise.
AGENDA ITEM #6. d)
KING COUNTY
FOR
City of Renton Parks and Recreation
King County Executive Signature
Date NAME (Please type or print), Title
Date
AGENDA ITEM #6. d)
Maryjane Van Cleave City of Renton Parks and Recreation
Printed On: 31 October 2017
2017 - 2018 YASG Get Active-Stay Active
Programs Grant Applications 1
Specialized Rec Program
2017 - 2018 YASG Get Active-Stay Active Programs Grant Applications
City of Renton Parks and Recreation
1055 S. Grady Way
Renton, WA 98057
O: 425-430-6600
Ms. Maryjane Van Cleave
1055 S. Grady Way
Renton, WA 98057
MVanCleave@rentonwa.gov
O: 425-430-6400
Exhibit IAGENDA ITEM #6. d)
Maryjane Van Cleave City of Renton Parks and Recreation
Printed On: 31 October 2017
2017 - 2018 YASG Get Active-Stay Active
Programs Grant Applications 2
Application Form
Heading
Welcome to the YASF Grant Application. As the applicant you are responsible for understanding all application
requirements and definitions and submitting the application correctly. Grant funds can not be disbursed without a
completed application. Note: Do not leave any answer blank. Respond with "N/A" or the numberic "0" when a
question does not apply to you. If you need further explanation or assistance please contact Minerva Humphrie at
206-263-5731 https://www.grantinterface.com/Form/Update?form=186922or mhumphrie@kingcounty.gov
Program Title*
Be concise. For example, Hill Top Basketball Club
Specialized Rec Program
Program Timeline
Start Date
01/01/2017
Close Date.
12/31/2017
Program Duration
How long is your program cycle? Please give your answer in monthly numerical increments, such as; 12, 24 or 48
months
12
Program Information
Upload Your W-9*
Please click the link here: King County W-9 Request Form to access a blank W-9 form. Then complete, save and
upload back to us using the "Upload a file" feature below. IT IS VERY IMPORTANT THAT YOU USE THE KING
COUNTY W-9 FORM DOCUMENT FROM THE LINK ABOVE IN THE UPLOAD FEATURE. We will not accept any other
form.
King County W9 Signed Doc.pdf
AGENDA ITEM #6. d)
Maryjane Van Cleave City of Renton Parks and Recreation
Printed On: 31 October 2017
2017 - 2018 YASG Get Active-Stay Active
Programs Grant Applications 3
Scope of Work
Give a well defined description of your organization's mission and the program that the grant will support, giving
specific information on how will the YASG Grant funds will be uses in your program as it relates to sports or
physical fitness activities.
The City of Renton's Specialized Recreation Program provides a variety of recreational, and social
opportunities for participants and respite for caregivers. The YASG grant funds will be applied towards
required athletic equipment and apparel for participants that participate in Special Olympics. City staff
coordinate all travel, training, and supplies so that any participant interested in participating in the Special
Olympics is able to so, thus reducing barriers that prevent participation.
Program Management & Evaluation
Briefly describe how the program is managed in terms of personnel, training provided to staff, and program
assessment to inform continuous improvement and planning.
Annual evaluation of staff and feedback is provided to all full time staff. Volunteers, and part-time staff are
evaluated on a quarterly basis to assure the needs of the participants are being meet in a constructive and
supportive method. Program surveys and interviews are conducted at the end of programs, events, or
sessions to make sure participants interest and experiences are positive and reflective of the objectives and
advertised and descriptions are being meet.
Program (Location) Address*
This Question is Required, Do Not Leave Blank. If the program we are funding is held at a different location other
than the listed address of the organization, please use that address.
If Program location is the same as the organization location please insert your organization's address again.
If Program is held at multiple locations, please choose one location and insert that address.
1715 Maple Valley Highway
City
Renton
State
WA
Zip Code
98057
Program - Demographics Information
Community & Equity Impact
Briefly describe the demographics and characteristics of the participants and how the project will affect/serve
them. Describe how the project addresses a deficiency or need in the community.
AGENDA ITEM #6. d)
Maryjane Van Cleave City of Renton Parks and Recreation
Printed On: 31 October 2017
2017 - 2018 YASG Get Active-Stay Active
Programs Grant Applications 4
Demographics for the program range from young children ages 8 to adults 70+ with intellectual
disabilities. 50% of participants are Renton residents with the average number of participants at 70 per
session. YASF grant funds allows our participants the ability to train, practice and compete in Washington
State's Special Olympics local, regional and state competitions with necessary athletic equipment and apparel.
There are no other programs offered to individuals with intellectual disabilities within the City of Renton that
provides access to recreational programming.
The YASG grant priority areas are as follows:
To increase access to sports to underserved youth with a financial barrier.
To increase access to sports for youth and/or amateur participants.
To increase access to sports to participants in unincorporated areas.
To increase access to sports for youth and/or amateur participants with a disability or geographical
barrier.
Program Description
Briefly describe the program and how it aligns with YASF priorities above. Also note what the role will be of any
partners involved.
The City of Renton's Specialized Recreation Program supports youth and adults access to athletic
opportunities which supports their needs for physical fitness and socializing, thus creating and supporting a
healthy community. This is in alignment with the County’s Strategic Plan for Equity and Social Justice this
program that remove barriers to those with intellectual disabilities the opportunity and access to recreational
and athletic programming.
How many participants do you currently serve?
70
Number of participants intended to serve through funding?
70
Program - Financial Information
Budget Information Requested
Please access the budget worksheet here: Budget Worksheet Form. Print it out, Once you have completed saved it,
please upload a PDF copy to us by clicking the Upload button below.
IMPORTANT - This same budget form should be used for tracking the budget and submitted if requesting
reimbursement, either in part or whole, and updated through the life of the grant. It is used for all stages of the
grant; the application, grant agreement submittal, and reimbursement request.
NOTE - We request that your budgeted amount for Administrative cost to not exceed 15% of the total grant
amount.
City of Renton - Specialized Rec Program.xls
AGENDA ITEM #6. d)
Maryjane Van Cleave City of Renton Parks and Recreation
Printed On: 31 October 2017
2017 - 2018 YASG Get Active-Stay Active
Programs Grant Applications 5
Grant Awarded
$10,000.00
Addtional Funding
If your program has received funding from an additional source please enter amount here.
$0.00
Total Expense
Please Note: Total Funded and Total Expenses should match!
$10,000.00
Total Funded
$10,000.00
AGENDA ITEM #6. d)
Maryjane Van Cleave City of Renton Parks and Recreation
Printed On: 31 October 2017
2017 - 2018 YASG Get Active-Stay Active
Programs Grant Applications 6
File Attachment Summary
Applicant File Uploads
• King County W9 Signed Doc.pdf
• City of Renton - Specialized Rec Program.xls
AGENDA ITEM #6. d)
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d
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Exhibit II
YASF Program Budget
Program Name: - Renton- Specialized Rec Program
Program Funding
Additional Funding YASF Grant
Program Expenses Costs Committed Pending Request
Administration
Personnel
Equipment, materials, uniforms $10,000
Scholorships & fees
Transportation
Program Cost Total $0
Subtotals:Committed Pending YASF Grant
$0 $0 $10,000
Totals:
PROGRAM
COSTS
PROGRAM MATCH
PROVIDED YASF Grant
$10,000 $0 $10,000
A
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.
d
)
AB - 2033
City Council Regular Meeting - 13 Nov 2017
SUBJECT/TITLE: King County Conservation Futures Grant - May Creek Greenway
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director
EXT.: 6619
FISCAL IMPACT SUMMARY:
Estimated total acquisition costs are $1,010,000 which include the appraisal, Level I Environmental
Assessment, survey, lot line adjustment, and the fee simple acquisition. Thre e funding sources will be utilized
to complete this acquisition: King County Conservation Futures Grant in the amount of $400,000, Fund 303
(Parks Impact Mitigation Fund) in the amount of $204,074.22, and the 2007 voter approved King County
Proposition 2 Levy Funds in the amount of $405,925.78.
SUMMARY OF ACTION:
In October 2015, Council authorized staff to acquire one parcel of land located east of Lake Washington
Boulevard and extending east to I-405 on the south side of May Creek. Total costs, including the appraisal,
Level I Assessment, survey, lot line adjustment, closing costs, and title insurance are approximately
$1,010,000. The lot line adjustment combines and reconfigures one existing adjacent parcel, owned by the
seller, into the lot being acquired by the City. In addition, one new 13,999 sq. ft. lot o n Lake Washington
Boulevard will be created and retained by the seller. In all, the City will be purchasing 5.23 contiguous acres
located between Lake Washington Blvd and I-405 up to, and including May Creek.
In 2016, the City applied to King County for a Conservation Futures grant to offset the acquisition costs. The
City was recommended for a $400,000 grant award offsetting 40% of the acquisition costs. The 2007 voter
approved King County Proposition 2 Levy Funds to be utilized are limited to open sp ace acquisition with the
remaining balance funded from Impact Mitigation Fees.
The City of Renton, in partnership with King County and the City of Newcastle, has been assembling properties
along May Creek since the late 1980's to create a continuous trai l and natural area corridor from Lake
Washington in Renton to King County's Cougar Mountain Regional Wildland Park. This acquisition is critical to
making this connection.
EXHIBITS:
A. Amendment to Interlocal Cooperation Agreement
B. Map
C. Draft Resolution
STAFF RECOMMENDATION:
Authorize acceptance of grant funding by adopting the Resolution; execute Amendment N to the existing
Interlocal Cooperation Agreement entered into between both parties in 1990.
AGENDA ITEM #6. e)
Amendment N 1
CFT Interlocal Renton - King County
2017 CFT proceeds
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF RENTON
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established a Conservation
Futures Levy Fund and appropriated proceeds to King County and certain cities. This
amendment is entered into to provide for the allocation of additional funds made
available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF RENTON and KING
COUNTY, and amends and attaches to and is part thereof of the existing Interlocal
Cooperation Agreement entered into between the parties on the 5th day of June, 1990, as
previously amended.
The parties agree to the following amendments:
Amendment 1: Article 1. Recitals
A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures
Levy Fund allocation for the May Creek – Fawcett South Acquisition, and hereafter
reads:
On November 14, 2016, the King County Council passed Ordinance 18409 which
appropriated a total of four hundred thousand dollars ($400,000) in Conservation
Futures Levy proceeds to the City of Renton for the May Creek – Fawcett South
Acquisition Project. On March 13, 2017, the King County Council passed
Ordinance 18477 authorizing the King County Executive to enter into interlocal
agreements with the City of Renton for the disbursement of Conservation Futures
Funds appropriated in Ordinance 18409.
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is amended to include Attachment N, which lists a 2017
Conservation Futures Levy Allocation for the May Creek – Fawcett South
Acquisition project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are amended to include references to Attachment N,
which lists a 2017 Conservation Futures Levy proceeds allocation for the May Creek –
Fawcett South Acquisition Project:
AGENDA ITEM #6. e)
Amendment N 2
CFT Interlocal Renton - King County
2017 CFT proceeds
Subject to the terms of this agreement, the County will provide
Conservation Futures Levy Funds in the amounts shown in Attachments A
through N, to be used for the Projects listed in Attachments A through N.
The City may request additional funds; however, the County has no
obligation to provide funds to the City for the Projects in excess of the
total amounts shown in Attachments A through N. The County assumes
no obligation for the future support of the Projects described herein except
as expressly set forth in this agreement.
Amendment 4: Attachment N
The Attachments to the interlocal agreement are hereby amended by adding Attachment
N, which is hereby attached to the interlocal agreement, incorporated therein and made a
part thereof.
In all other respects, the terms, conditions, duties and obligations of both parties shall
remain the same as agreed to in the Interlocal Cooperation Agreement as previously
amended.
This document shall be attached to the existing Interlocal Cooperation Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING COUNTY CITY OF ________
____________________________ ________________________
Dow Constantine
King County Executive Mayor
Date: _________________ Date: _________________
Acting under the authority of Acting under the authority of
Ordinance ______ Ordinance ______
Approved as to form: Approved as to form:
____________________________ ________________________
Dan Satterberg
King County Prosecuting Attorney City Attorney
AGENDA ITEM #6. e)
Amendment N 3
CFT Interlocal Renton - King County
2017 CFT proceeds
ATTACHMENT N
2017 CONSERVATION FUTURES LEVY
CITY OF RENTON ALLOCATION
Jurisdiction Project Allocation
Renton May Creek – Fawcett South $400,000
TOTAL $400,000
Project Description:
1129223 Renton - May Creek – Fawcett South
This new project will acquire a 5.23-acre open space parcel located on the south side of
May Creek, east of Lake Washington Boulevard North, west of Interstate 405 in Renton.
The project will preserve riparian and salmonid habitat, and allow for future habitat
restoration. It is also a visual buffer for the May Creek Trail, which runs along the north
side the creek.
City of Renton May Creek – Fawcett South $400,000
AGENDA ITEM #6. e)
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CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONSERVATION
FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF
RENTON AND KING COUNTY BY INCLUDING $400,000 ALLOCATION FOR THE
ACQUISITION OF ONE OPEN SPACE PARCEL IN THE MAY CREEK GREENWAY.
WHEREAS, the City of Renton entered into an Interlocal Coopera tion Agreement, under
chapter 39.34 RCW, with King County on June 5, 1990, which provides for the acquisition of
monies through the Conservation Futures Levy Fund for the purpose of acquiring open space;
and
WHEREAS, the City of Renton applied for Conservation Futures funding assistance to
acquire one open space parcel west of I-405 along May Creek; and
WHEREAS, King County has approved Renton’s request and authorized the expenditure
of up to $400,000 in matching funds to acquire one parcel along May Creek in the May Creek
Greenway within the City of Renton’s Kennydale Community Planning Area; and
WHEREAS, the acquisition of the remaining open space lands in the Renton’s Kennydale
Community Planning Area is consistent with Renton’s adopted Parks, Recreation and Natural
Areas Plan, and further, the City Council considers it in the best public interest to acquire these
remaining lands; and
WHEREAS, Article VI, Section 6.1 of the Interlocal Cooperation Agreement requires that
Renton take appropriate legislative action to commit funds for the purpose of matching the
amounts allocated by King County; and
AGENDA ITEM #6. e)
RESOLUTION NO. ________
2
WHEREAS, it is necessary to amend the existing interlocal agreement between the City of
Renton and King County to include that additional $400,000 allocation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are authorized to amend the existing City of
Renton-King County Interlocal Agreement to include the allocation of an additional $400,000 for
the acquisition of real property west of I-405, along May Creek in the May Creek Greenway.
SECTION II. Renton’s share of the project monies will be derived from the King County
Proposition 2 Levy Fund and the Parks Impact Mitigation Fund.
SECTION III. Any received fund monies shall be used to acquire open space land along
May Creek in Renton’s Kennydale Community Planning Area.
PASSED BY THE CITY COUNCIL this _____ day of _____________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _____ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES:1748:10/12/17:scr
AGENDA ITEM #6. e)
AB - 2024
City Council Regular Meeting - 13 Nov 2017
SUBJECT/TITLE: Acceptance of WA State Military Dept Public Assistance Grant
Agreement for reimbursement, January-February 2017 storms and
landslide, FEMA Disaster 4309 DR-WA
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Executive
STAFF CONTACT: Deborah Needham, Emergency Management Director
EXT.: 7725
FISCAL IMPACT SUMMARY:
Revenue generated: Approximately $31, 500 or more
SUMMARY OF ACTION:
The city has qualified for a Washington State Public Assistance Grant to receive 75% or more of eligible non -
insurance covered damages sustained by the city during the storm period of January 30-February 2, 2017. The
grant is through the Washington State Military Department of Emergency Management Division. The
estimated eligible expenses are approximately $42,000.
EXHIBITS:
A. Public Assistance Grant Agreement, FEMA-4309-DR-WA, D17-178
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Washington State Military Department Public Assistance
Grant Agreement D17-178.
AGENDA ITEM #6. f)
Washington State Military Department
PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET
1.SUBRECIPIENT Name and Address:2.Grant Agreement Amount:3.Grant Number:
City of Renton To be determined,based upon1055SGradyWayapprovedprojectworksheets Dl 7-1 78
Renton,_WA_98057-3232
4.SUBRECIPIENT,phone/email:5.Grant Agreement Start Date:6.Grant Agreement End Date:
425-430-6968/ktriveIasrentonwa.gov January 30,2017 April 21,2021
7.DEPARTMENT Program Manager,phone/email:8.Data Universal Numbering System 9.UBI #(state revenue):
Gerard Urbas,(253)512-7402 (DUNS):092278894 177-000-094Gary.urbasmil.wa.gov
10.Funding Authority:
Washington State Military Department (the “DEPARTMENT”),and Federal Emergency Management Agency (FEMA)
1 1.Funding Source Agreement #:12.Program Index #13.Catalog of Federal Domestic Asst.(CFDA)14.N/A
FEMA-4309-DR-WA 774PC (Federal)!772PE #&Title:97.036,Public Assistance(State)I 774PD (Admin)
15.Total Federal Award Amount:N/A 16.Federal Award Date:N/A
17.Service Districts:18.Service Area by County(ies):19.Women/Minority-Owned,State
(BY LEGISLATIVE DISTRICT):11,37,41 th .Certified?:X N/A D NO
(BY CONGRESSIONAL DISTRICT):9 th King County D YES,OMWBE #________
20.Contract Classification:21.Contract Type (check all that apply):
D Personal Services D Client Services X Public/Local Govt D Contract X Grant X Agreement
D Research/Development D AlE D Other D Intergovernmental (RCW 39.34)D Interagency
22.Contractor Selection Process:23.Contractor Type (check all that apply)
X “To all who apply &qualify”D Competitive Bidding D Private Organization/Individual D For-Profit
D Sole Source D NE RCW D N/A X Public Organization/Jurisdiction X Non-Profit
D Filed w/OFM?D Advertised?D YES DNO D VENDOR D SUBRECIPIENT X OTHER
24.BRIEF DESCRIPTION:
Presidential Disaster Declaration #FEMA-4309-DR-WA Washington Severe Winter Storms,Flooding,Landslides,and Mudslides.
To provide funds to the SUBRECIPIENT for the repair or restoration of damaged public facilities as approved by FEMA in project
worksheets describing eligible scopes of work and associated funding.The DEPARTMENT is the Recipient and Pass-through
Entity of the Presidential Disaster Declaration #FEMA43O9-DR-WA Washington Severe Winter Storms,Flooding,Landslides,and
Mudslides,and FEMA State Agreement,which are incorporated by reference,and makes a subaward of Federal award funds to theSUBRECIPIENTpursuanttothisAgreement.The SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal award
funds provided under this Agreement and the associated matching funds.
IN WITNESS WHEREOF,the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement,references and
attachments hereto and have executed this Agreement as of the date and year written below.This Agreement Face Sheet,Special Terms
and Conditions (Attachment 1),General Terms and Conditions (Attachment 2),Project Worksheet Sample (Attachment 3),Washington State
Public Assistance Applicant Manual dated April 21,2017 (Attachment 4),and all other documents,exhibits and attachments expressly
referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of
the parties to this Agreement.No other understandings,oral or otherwise,regarding the subject mailer of this Agreement shall be deemed to
exist or to bind any of the parties.
In the event of an inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order:
1.Applicable Federal and State Statutes and Regulations 5.Special Terms and Conditions
2.OHS Standard Terms and Conditions 6.General Terms and Conditions,and,
3.Presidential Declaration,FEMA State Agreement,7.Other provisions of the contract incorporated by reference.
and other Documents
4.Statement of Work andlor Project Description as outlined in FEMA approved Project Worksheet(s)
WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:FOR THE SUBRECIPIENT:
Signature Date Signature Date
Dan Swisher,Chief Finance Officer Denis Law,Mayor
Washington State Military Department ATTEST:
_____________________________________
BOILERPLATE APPROVED AS TO FORM:APPROVED AS TO
City Clerk Date
Dawn C.Cortez (signature on file 10/29/201 5)
Assistant Attorney General
__________________________________________
SUBRECIPIENTS Attorney Date
Public Assistance Grant Agreement Page 1 of 21 City of Renton,Dl 7-1 78
AGENDA ITEM #6. f)
Form 10121/2015 mfl
Attachment 1
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
ARTICLE I —KEY PERSONNEL
The individuals listed below shall be considered key personnel and point of contact.Any substitution by either
party must be submitted in writing.
SUBRECIPI ENT MILITARY DEPARTMENT
Name Kristin Trivelas Name Gerard Urbas
...Deputy State Coordinating OfficerTitleSr.Finance Analyst Title Public Assistance
E-Mail ktrivelasrentonwa.gov E-Mail qarv.urbas(mil.wa.gov
Phone 425430-6968 Phone (253)512-7402
ARTICLE II-ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT shall comply with all applicable state and federal laws,rules,regulations,requirements
and program guidance identified or referenced in this Agreement and the informational documents published
by FEMA applicable to the Presidential Declaration including,but not limited to,all criteria,restrictions,and
requirements of the “FEMA State Agreement”published by FEMA and the federal regulations commonly
applicable to FEMA grants,all of which are incorporated herein by reference.The Presidential Declaration and
the FEMA State Agreement are incorporated in this Agreement by reference.
The SUBRECIPIENT shall comply with the Washington State Public Assistance Applicant Manual dated April
21,2017 incorporated in this Agreement as Attachment 4.The DHS Standard Terms and Conditions are
incorporated by reference in this Agreement in Appendix F of the Washington State Public Assistance
Applicant Manual dated April 21,2017.
The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding,the period of
performance described herein may begin prior to the availability of appropriated federal funds.The
SUBRECIPIENT agrees that it will not hold the DEPARTMENT,the State of Washington,or the United States
liable for any damages,claim for reimbursement,or any type of payment whatsoever for services performed
under this Agreement prior to distribution of appropriated federal funds,or if federal funds are not appropriated
or in a particular amount.
Federal funding is provided by FEMA and is administered by the DEPARTMENT.Under the authority of
Presidential Disaster Declaration number FEMA 4309-DR-WA,the DEPARTMENT is reimbursing the
SUBRECIPIENT for those approved eligible costs and activities necessary under the Public Assistance Grant
Program during the incident period beginning January 30,2017 to February 22,2017.Eligible costs and
activities will be identified in Project Worksheets approved by FEMA and a Project Worksheet Sample is
incorporated as Attachment 3.The DEPARTMENT is also providing Advance Payments to the
SUBRECIPIENT where provided by FEMA and required and allowed by law.Any interest earned on advance
payments (except for interest earned on advances of funds exempt under the Intergovernmental Cooperation
Act (31 U.S.C.6501 et seq.)and the Indian Self-Determination Act (23 U.S.C.450))shall be promptly,but at
least quarterly,remitted to the DEPARTMENT to be paid to FEMA.The SUBRECIPIENT may keep interest
amounts up to $100 per year for administrative expenses.
A.STATE AND FEDERAL REQUIREMENTS FOR PUBLIC ASSISTANCE GRANTS:
The following requirements apply to all DHS/FEMA Presidential Disasters administered by the DEPARTMENT.
1.FUNDING
The DEPARTMENT will administer the Public Assistance Grant Program,provide Advance payments,and
reimburse approved eligible Public Assistance costs to the SUBRECIPIENT that are identified under the
auspices of Presidential Disaster Declaration Number FEMA-4309-DR-WA and authorized by and consistent
with the Stafford Act (P.L.93-288,as amended)and applicable regulations.
Public Assistance Grant Agreement Page 2 of 21 city of Renton,Dl 7-1 78
AGENDA ITEM #6. f)
It is understood that no final dollar figure is committed to at the time that this Agreement is executed,but that
financial commitments will be made by amendments to the project application as Project Worksheets are
completed in the field and projects are authorized by state and federal officials.
Pursuant to the FEMA-STATE AGREEMENT,FEMA will contribute not less than 75 percent of the eligible
costs for any eligible project and 100 percent of the federal indirect costs,up to $300,as provided for in
subsection 3.E.of Article II of this Public Assistance Agreement.The SUBRECIPIENT commits to providing
the remaining 25 percent non-federal match to any eligible project that has been identified under the
Presidential Disaster Declaration number FEMA-4309-DR-WA,subject to the following exceptions:
DEPARTMENT Match:The Washington State Legislature may authorize the DEPARTMENT to provide a
match to the SUBRECIPIENT’s non-federal share of eligible projects.Provision of a match by the
DEPARTMENT,if authorized by the Washington State Legislature,shall not require amendment of this
Agreement.If DEPARTMENT match funds are committed to the non-federal share by the DEPARTMENT
pursuant to legislative authorization,the DEPARTMENT will formally notify the SUBRECIPIENT of the match in
writing which will include information identifying any related reduction in the SUBRECIPIENT’s percentage
commitment.
Donated Resources:FEMA will credit the SUBRECIPIENT for the value of certain volunteer labor,donated
equipment,and donated materials used in the performance of eligible emergency work —categories A and B,
referred to as Donated Resources.The Donated Resources are recognized by FEMA in a Project Worksheet.
Donated Resources offset the non-federal share of the eligible emergency work approved in Project
Worksheets.For non-state agency SUBRECIPIENTS,the donated resource value will first be applied to the
SUBRECIPIENT’s non-federal share,and,if a DEPARTMENT match is authorized,any remaining donated
resource value will be applied to the DEPARTMENT’s share.The value of the Donated Resources are
calculated as described in FP 104-009-2 Public Assistance Program and Policy Guide (PAPPG),and are
capped at the non-Federal share of approved eligible emergency work costs.The Federal share of the
Donated Resources will not exceed the non-federal share of eligible emergency work costs approved in Project
Worksheets.Any excess credit can be credited only to other eligible emergency work costs,for the same
SUBRECIPIENT in the same disaster.The value of excess donated resources cannot be credited toward or
transferred to another eligible SUBRECIPIENT,or toward other State obligations.The DEPARTMENT does
not match a FEMA donated resource credit.
The Project Worksheet,sample provided in Attachment 3,is required to be completed by FEMA or State
Project Specialists.
2.GRANT AGREEMENT PERIOD
a.Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this
Agreement shall be those activities which occurred during or subsequent to the incident period
defined in the FEMA State Agreement,and shall terminate upon completion of the project(s)
approved by federal and state officials,including completion of close-out and audit.This period
shall be referred to as the “Grant Agreement Period.”
b.The Grant Agreement Period shall only be extended by (1)written notification of FEMA approval of
the Grant Agreement Period followed up with a mutually agreed written amendment,or (2)written
notification from the DEPARTMENT to the SUBRECIPIENT issued by the DEPARTMENT to
address extensions of its underlying federal grant performance period or to provide additional time
for completion of the SUBRECIPIENT’s project(s).
3.PAYMENTS
The DEPARTMENT,using funds granted for the purposes of the Presidential Disaster Declaration from
FEMA,shall issue payments to the SUBRECIPIENT in compliance with the Washington State Public
Assistance Applicant Manual dated April 21,2017 (Attachment 4)procedures as follows:
a.Small Project Payments:Payments are made for all small projects to the SUBRECIPIENT upon
submission and approval of an Al 9-lA State of Washington Invoice Voucher to the DEPARTMENT,
after FEMA has approved funding through approval of Project Worksheets.
Public Assistance Grant Agreement Page 3 of 21 City of Renton,Dl 7-178
AGENDA ITEM #6. f)
b.Progress Payments:Progress payment of funds for costs already incurred on large projects minus
10 percent retainage may be made to the SUBRECIPIENT upon submission by the
SUBRECIPIENT of an A19-1A State of Washington Invoice Voucher,a letter of request,and a
spreadsheet identifying the claimed costs supporting the payment request and approval by the
DEPARTMENT.
c.Improved Projects:Payments on improved projects (capped project)will be pro-rated based upon
the percentage of the project that is funded under this disaster grant to the overall project cost.This
percentage will be identified when the first payment on the improved project is made.Progress
payments will be made as outlined above in Section B.
d.Final Payment:Final Payment on a large project will be made following submission by the
SUBRECIPIENT of a certification of completion on the STATEMENT OF DOCUMENTATION/FINAL
INSPECTION REPORT form upon completion of project(s),completion of all final inspections by
the DEPARTMENT,and final approval by FEMA.Final payment on a large project will include any
retainage withheld during progress payments.Final payments may also be conditional upon
financial review,if determined necessary by the DEPARTMENT or FEMA.Adjustments to the final
payment may be made following any audits conducted by the Washington State Auditor’s Office,
the United States Inspector General or other federal or state agency.
e.The SUBRECIPIENT is eligible to receive a $300 allowance for federal indirect costs,upon
completion and closure of the disaster grant.Documentation of costs involved with attending
applicant briefing,participating in the exploratory call,attending the recovery scoping meeting,and
participating in the exit meeting should be retained in the SUBRECIPIENT’s files to support federal
indirect cost reimbursement.
f.All payment requests shall be made on an Al 9-IA form,State of Washington,Invoice Voucher.
Payments will be made by electronic fund transfer to the SUBRECIPIENT’s account.
g.Federal funding shall not exceed the total federal contribution eligible for Public Assistance costs
under Presidential Disaster Declaration number FEMA-4309-DR-WA.
h.For state agencies,the DEPARTMENT will,through interagency reimbursement procedures,
transfer payment to the SUBRECIPIENT.Payment will be transferred by journal voucher to Agency
No.
_________,
Accounting Fund No.
_____________
i.Within the total Grant Agreement Amount,travel,sub-contracts,salaries,benefits,printing,
equipment,and other goods and services will be reimbursed on an actual cost basis unless
otherwise provided in this Agreement.
j.For travel costs,SUBRECIPIENTs shall comply with 2 CFR 200.474 and should consult their
internal policies,state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended,and federal maximum rates set forth at http:llwww.gsa.gov,and follow the most
restrictive.
k.If travel costs exceed set state or federal limits,travel costs shall not be reimbursed without written
approval by DEPARTMENT Key Personnel.
I.Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the SUBRECIPIENT consistent with record retention
requirements of this Agreement,and be made available upon request by the DEPARTMENT,and
local,state,or federal auditors.
m.All work under this Agreement must end on or before the Grant Agreement End Date,and the final
reimbursement request must be submitted to the DEPARTMENT within 45 days after the Grant
Agreement End Date,except as otherwise authorized by written amendment of this Agreement and
issued by the DEPARTMENT.
n.No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the SUBRECIPIENT,its subrecipient or contractor,or
any non-federal entity to which the SUBRECIPIENT makes a subaward,and is invoiced by the
vendor.
Public Assistance Grant Agreement Page 4 of 21 City of Renton,017-178
AGENDA ITEM #6. f)
o.SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement existing
funds,and will not use them to replace (supplant)non-federal funds that have been budgeted for
the same purpose.The SUBRECIPIENT may be required to demonstrate and document that the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
The DEPARTMENT shall provide Advance Payments as provided by FEMA and as required and
authorized by law.
4.CLOSEOUT
To initiate close-out,the SUBRECIPIENT is required to certify in writing,by Project Worksheet Number,
date completed and total amount expended on the project,completion of the small projects.To initiate
close-out of the large projects,the SUBRECIPIENT shall submit certification of completion on a
STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT.
The DEPARTMENT will then complete a site inspection and a financial review of documentation to
support the claimed costs.Certifications on small and large projects are due within sixty days following
the completion of the project or receipt of the approved Project Worksheet,whichever date is later.
If SUBRECIPIENT is claiming the $300 allowance for federal indirect costs,the SUBRECIPIENT shall
submit certification that they have expended a minimum of $300 attending the applicant briefing,
participating in the exploratory call,attending the recovery scoping meeting,and participating in the exit
meeting prior to close-out.
After all of the projects have been certified as complete and approved for closure by FEMA,the
DEPARTMENT will forward a final M9-1A State of Washington Invoice Voucher to the
SUBRECIPIENT for release of the remaining funds due to the subrecipient for eligible costs,including
any retainage previously withheld,and the allowance for federal indirect costs.
5.DOCUMENTATION I REPORTING REQUIREMENTS
For all Advance Payment,the SUBRECIPIENT shall provide documentation and receipts for all costs
related to the Advance Payment and provide such to the DEPARTMENT quarterly.
The SUBRECIPIENT is required to retain all documentation which adequately identifies the source and
application of Public Assistance funds,including the federal indirect cost reimbursement,for six years
following the closure of this disaster grant.For all funds received,source documentation includes
adequate accounting of actual costs and recoveries incurred.
The SUBRECIPIENT shall also comply with the Federal Funding Accountability and Transparency Act
(FFATA)and related 0MB Guidance consistent with Public Law 109-282 as amended by section
6202(a)of Public Law 110-252 (see 31 U.S.C.6101 note)and complete the FFATA Form located at
http://mil.wa.gov/emerQency-manaqement-division/qrants/reguiredqranfforms and return to the
DEPARTMENT;which is incorporated by reference and made a part of this Agreement.
Quarterly Reports:The SUBRECIPIENT is required to submit to the DEPARTMENT a quarterly report
indicating the status of all their large projects.The status shall identify the costs incurred to date,the
percentage of work completed,the anticipated completion date of the project and whether cost under
runs or over runs are expected.In addition,the SUBRECIPIENT should note in the comment field any
challenges or issues associated with the project.Failure to submit a complete quarterly report within 15
days following the end of the quarter will result in suspension of all payments to the SUBRECIPIENT
until a complete quarterly report is received by the DEPARTMENT.The quarterly report will serve as
the basis for any FEMA Office of Chief Financial Officer (OCFO)funds reduction.
6.TIME EXTENSIONS
A time extension request is required to be forwarded to the DEPARTMENT by the SUBRECIPIENT for
a project prior to the expiration of the approved completion date.If the project is approved and funded
after the statutory approval time period for completion,then a time extension request must be submitted
to the DEPARTMENT within fifteen days of receipt of the funding package.
In accordance with 44CFR206.204,the DEPARTMENT reserves the right,in its sole discretion,to
consider and approve a time extension request after expiration of the approved completion date and
Public Assistance Grant Agreement Page 5 of 21 City of Renton,Dl 7-1 78
AGENDA ITEM #6. f)
within the DEPARTMENT’s statutory extension authority.Requests for time extensions beyond the
DEPARTMENT’s authority will be considered and approved by FEMA,at their sole discretion.
All determinations made regarding time extension requests will be based on a case by case evaluation
of specific factual circumstances.
A time extension request must be in writing and identify the Project Worksheet number,the reason the
project has not been completed within the prior approved completion period,the reason the time
extension request was not submitted prior to the statutory approval time period (if applicable),a current
status of the completion of the work,a detailed timeline for completion of the remaining elements,and
an anticipated completion date for the completion of the remaining work.Failure to submit a time
extension request in a timely manner may result in denial of the time extension request,and loss of
funding for the related project.
7.PROCUREMENT
The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.318 through
200.326 and as specified in the General Terms and Conditions,Exhibit A.11.
8.SUBRECIPIENT MONITORING:
a.The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to closeout.The
goal of the DEPARTMENT’s monitoring activities will be to ensure that agencies receiving federal
pass-through funds are in compliance with this Agreement,federal and state audit requirements,
federal grant guidance,and applicable federal and state financial regulations,as well as 2 CFR
Part 200 Subpart F.
b.To document compliance with 2 CFR Part 200 Subpart F requirements,the SUBRECIPIENT shall
complete and return to the DEPARTMENT 2 CFR Part 200 Subpart F Audit Certification Form”
located at http://mil .wa .gov/emergency-management-division/grants/requiredgranfforms with the
signed Agreement and each fiscal year thereafter until the Agreement is closed,which is
incorporated by reference and made a part of this Agreement.
c.Monitoring activities may include,but are not limited to:
i.review of financial and performance reports;
ii.monitoring and documenting the completion of Agreement deliverables;
iii.documentation of phone calls,meetings,e-mails,and correspondence;
iv.review of reimbursement requests and supporting documentation to ensure eligibility and
consistency with Agreement work plan,budget,and federal requirements;
v.observation and documentation of Agreement related activities;
vi.on-site visits to review equipment records and inventories,to verify source documentation
for reimbursement requests and performance reports,and to verify completion of
deliverables.
d.The SUBRECIPIENT is required to meet or exceed the monitoring activities,as outlined above
and in 2 CFR Part 200 Subpart F,for any non-federal entity to which the SUBRECIPIENT makes
a subaward as a pass-through entity under this Agreement.
e.Compliance will be monitored throughout the performance period to assess risk.Concerns will be
addressed through a Corrective Action Plan.If the SUBRECIPIENT fails to comply with federal or
state statutes or regulations,or the terms and conditions of this Agreement,the DEPARTMENT
may impose any additional subaward conditions as described in 2 CFR 200.207.If the
DEPARTMENT determines that noncompliance cannot be remedied by imposing additional
conditions,it may take one or more of the following actions:
i.Temporarily withhold cash payments pending correction of the deficiency by the
SUBRECI P1 ENT.
ii.Wholly or partially suspend or terminate the subaward to the SUBRECIPIENT.
iii.Initiate suspension or debarment proceedings under 2 CFR 180 or recommend such a
proceeding be initiated by the federal awarding agency.
iv.Withhold further federal awards for the project or program.
v.Take any other remedies that may be legally available.
Public Assistance Grant Agreement Page 6 of 21 City of Renton,Dl 7-1 78
AGENDA ITEM #6. f)
f.The DEPARTMENT agrees to:
i.Provide technical assistance during all monitoring or evaluation activities.The
DEPARTMENT will coordinate and schedule the meetings necessary to conduct and
complete all monitoring and evaluation activities.
ii.Develop the SUBRECIPIENT’s project worksheet(s)(PW)and supporting attachments with
FEMA and the SUBRECIPIENT’s assistance based upon the costs determined to be eligible.
iii.Submit the SUBRECIPIENT’s funding package to FEMA.
iv.Notify the SUBRECIPIENT when funding approval is received,issue payment per the
process described above see Article II,A.4 —Payments,and provide the SUBRECIPIENT
with a copy of the approved project worksheet.
v.Work with the SUBRECIPIENT to resolve any issues identified during the monitoring
process.
vi.Review and respond appropriately to the SUBRECIPIENT’s requests for time extensions and
changes.
9.LIMITED ENGLISH PROFICIENCY (CML RIGHTS ACT OF 1964 TITLE VI)
All subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)prohibition
against discrimination on the basis of national origin,which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP)to their programs and services.Providing meaningful access for persons with LEP
may entail providing language assistance services,including oral interpretation and written translation.
Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency
(August 11,2000),requires federal agencies to issue guidance to recipients,assisting such
organizations and entities in understanding their language access obligations.DHS published the
required recipient guidance in April 2011,DHS Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient
Persons,76 Fed.Reg.21755-21768,(April 18,2011).The Guidance provides helpful information such
as how a recipient can determine the extent of its obligation to provide language services;selecting
language services;and elements of an effective plan on language assistance for LEP persons.For
additional assistance and information regarding language access obligations,please refer to the DHS
Recipient Guidance at hffps://www.dhs.gov/guidance-published-help-department-supported
organizations-provide-meaningful-access-people-limited and additional resources on
http:I!www.lep.gov.
B.FEMA STATE AGREEMENT TERMS AND CONDITIONS
As a subrecipient of FEMA funding,the SUBRECIPIENT shall comply with all applicable DHS/FEMA
terms and conditions of the Presidential Declaration and the FEMA State Agreement,which are
incorporated in and made a part of this Agreement in Appendix F of the Washington State Public
Assistance Applicant Manual dated April 21,2017 (Attachment 4).
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AGENDA ITEM #6. f)
Attachment 2
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)I
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement,the following terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference),except as otherwise set forth below:
a.“DEPARTMENT”means the Washington State Military Department,as a state agency,any division,
section,office,unit or other entity of the DEPARTMENT,or any of the officers or other officials lawfully
representing that DEPARTMENT.The DEPARTMENT is a recipient of a federal award directly from a
federal awarding agency and is pass-through entity making a subaward to a subrecipient under this
Agreement.
b.“SUBRECIPIENT”when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from
the DEPARTMENT.However,the definition of “subrecipient”is the same as in 2 CFR 200.93 for all
other purposes.“Monitoring Activities”means all administrative,construction,financial,or other
review activities that are conducted to ensure compliance with all state and federal laws,rules,
regulations,authorities and policies.
c.“Project”means those actions funded through the Public Assistance Program and described in
approved Project Worksheets.Projects may include one or more of the following:reimbursement of
costs for emergency response,debris removal and/or repair or restoration of damaged public facilities.
A project may be a small,large,improved,or alternate project.
d.“Investment Justification”means grant application investment justification submitted by the
SUBRECIPIENT describing the project for which federal funding is sought and provided under this
Agreement.Such grant application investment justification is hereby incorporated into this Agreement
by reference.
A.2 ADVANCE PAYMENTS
The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be
provided under this Agreement,except as requited under 2 CFR 200.305 for federal grants.
SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such
goods or services,except as authorized under 2 CFR 200.305.
Pursuant to the Robert T.Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C §5121-
5207),Advance Payment process,FEMA will process a SUBRECIPIENT project worksheet which is
provided to the state of Washington for direct disbursement to SUBRECIPIENT.
Pursuant to these provisions and RCW 43.88.160(5),these grant funds are not subject to the advance
payments prohibition and will be disbursed immediately to SUBRECIPIENT as grants authorized by law
with subsequent authentication and certification of expenditures.
A.3 AMENDMENTS AND MODIFICATIONS
The SUBRECIPIENT or the DEPARTMENT may request,in writing,an amendment or modification of
this Agreement.Modifications may be requested for Grant Agreement end date,budget or scope
change.However,such amendment or modification shall not be binding,take effect or be incorporated
herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the
SUBRECIPIENT.No other understandings or agreements,written or oral,shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA)OF 1990,PUBLIC LAW 101-336,42 U.S.C.12101 ET
SEQ.AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA”28 CFR
Part 35.
The SUBRECIPIENT must comply with the ADA,which provides comprehensive civil rights protection
to individuals with disabilities in the areas of employment,public accommodations,state and local
government services,and telecommunication.
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AGENDA ITEM #6. f)
A.5 APPLICATION REPRESENTATION-MISREPRESENTATION,INACCURACY AND BREACH
The DEPARTMENT relies upon the SUBRECIPIENT’s application in making its determinations as to
eligibility for,selection for,and scope of funding grants.Any misrepresentation,error or inaccuracy in
any part of the application may be deemed a breach of this Agreement.
A.6 ASSURANCES
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal,state and local laws,rules and regulations.In
addition,as a SUBRECIPIENT of FEMA funding,the SUBRECIPEINT shall comply with all applicable
DHS terms and conditions as specified in Appendix F of the Washington State Public Assistance
Applicant Manual dated April 21,2017 incorporated in this Agreement as Attachment 4.
A.7 CERTIFICATION REGARDING DEBARMENT,SUSPENSION,OR INELIGIBILITY
As federal funds are a basis for this Agreement,the SUBRECIPIENT certifies that the SUBRECIPIENT
is not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from participating in this Agreement by any federal department or agency.
The SUBRECIPIENT shall complete,sign,and return a Certification Regarding Debarment,
Suspension,Ineligibility,and Voluntary Exclusion form located at hllp://mil.wa.gov/emerQency
management-division/reguiredQranfforms.Any such form completed by the SUBRECIPIENT for this
Agreement shall be incorporated into this Agreement by reference.
Further,the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the
federal debarment and suspension system,including 2 CFR Part 180.The SUBRECIPIENT certifies
that it will ensure that potential sub-contractors or sub-recipients or any of their principals are not
debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from
participation in “covered transactions”by any federal department or agency.“Covered transactions”
include procurement contracts for goods or services awarded under a non-procurement transaction
(e.g.grant or cooperative agreement)that are expected to equal or exceed $25,000,and sub-awards to
sub-recipients for any amount.With respect to covered transactions,the SUBRECIPIENT may comply
with this provision by obtaining a certification statement from the potential sub-contractor or sub-
recipient or by checking the System for Award Management (hftp:/Iwww.sam.cov)maintained by the
federal government.The SUBRECIPIENT also agrees not to enter into any arrangements or contracts
with any party on the Washington State Department of Labor and Industries’“Debarred Contractor List”
(http:I/www.Ini .wa .qovlTradesLicensi nq/PrevWaqe/AwardinQAqencies/DebarredContractors/).
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18,the SUBRECIPIENT hereby certifies that to the best of their knowledge
and belief:(1)no federally appropriated funds have been paid or will be paid by or on behalf of the
SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an
agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with the awarding of any federal contract,the making of any federal grant,the
making of any federal loan,the entering into of any cooperative agreement,and the extension,
continuation,renewal,amendment,or modification of any federal contract,grant,loan,or cooperative
agreement;(2)that if any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection
with this Agreement,grant,loan,or cooperative agreement,the SUBRECIPIENT will complete and
submit Standard Form-LLL,“Disclosure Form to Report Lobbying,”in accordance with its instructions;
(3)and that,as applicable,the SUBRECIPIENT will require that the language of this certification be
included in the award documents for all subawards at all tiers (including sub-contracts,sub-grants,and
contracts under grants,loans,and cooperative agreements)and that all sub-recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into,and is a prerequisite for making or entering into this transaction
imposed by section 1352,title 31,U.S.Code.
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AGENDA ITEM #6. f)
A.9 COMPLIANCE WITH APPLICABLE STATUTES,RULES AND DEPARTMENT POLICIES
The SUBRECIPIENT and all its contractors shall comply with,and the DEPARTMENT is not
responsible for determining compliance with,any and all applicable federal,state,and local laws,
regulations,executive orders,0MB Circulars,and/or policies.This obligation includes,but is not
limited to:nondiscrimination laws and/or policies,Equal Employment Opportunity,as amended by
Executive Order 11375 of October 13,1967,as supplemented by Department of Labor regulations (41
CFR chapter 60);Copeland Anti-Kickback Act (18 U.S.C.874)as supplemented in Department of
Labor regulations (29 CFR Part 3);Davis-Bacon Act (40 U.S.C.276a to 276a-7)as supplemented by
Department of Labor regulations (29 CFR Part 5);clean Air Act (42 u.s.c.1857(h),section 508 of the
Clean Water Act (33 U.S.C.1368),Executive Order 11738,Environmental Protection Agency
regulations (40 CFR part 15);Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C.327-330)as supplemented by Department of Labor regulations (29 CFR Part 5);Energy
Policy and Conservation Act (PL 94-163,89 Stat.871,as amended),the Americans with Disabilities
Act (ADA),Age Discrimination Act of 1975,Title VI of the Civil Rights Act of 1964,Civil rights Act of
1968,the Robert T.Stafford Disaster Relief and Emergency Assistance Act,(PL 93-288,as amended),
Title 44 of the Federal Regulations,2 CFR Part 3002,Ethics in Public Service (RCW 42.52),Covenant
Against Contingent Fees (48 CFR Section 52.203-5),Public Records Act (RCW 42.56),Prevailing
Wages on Public Works (RCW 39.12),State Environmental Policy Act (RCW 43.21C),Shoreline
Management Act of 1971 (RCW 90.58),State Building Code (RCW 19.27),Energy Related Building
Standards (RCW 19.27A),Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92),
and safety and health regulations.
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal,state and local laws,rules and regulations.
In the event of the SUBRECIPIENT’s or its contractor’s noncompliance or refusal to comply with any
applicable law,regulation,executive order,0MB Circular or policy,the DEPARTMENT may rescind,
cancel,or terminate the Agreement in whole or in part in its sole discretion.
The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with
applicable laws,regulations,executive orders,0MB Circulars or policies.
A.1O CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT;no member,officer,or employee of the SUBRECIPIENT
or its designees or agents;no member of the governing body of the jurisdiction in which the project is
undertaken or located;and no other official of such the SUBRECIPIENT who exercises any functions or
responsibilities with respect to the project during his or her tenure,shall have any personal or pecuniary
gain or interest,direct or indirect,in any contract,subcontract,or the proceeds thereof,for work to be
performed in connection with the project assisted under this Agreement.
The SUBRECIPIENT shall incorporate,or cause to incorporate,in all such contracts or subcontracts,a
provision prohibiting such interest pursuant to this provision.
A.f I CONTRACTING &PROCUREMENT
a.The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-contractors that are entered into under the original contract
award.The procurement process followed shall be in accordance with 2 CFR Part 200.318 General
procurement standards through 200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200,all contracts entered into by the SUBRECIPIENT under
this Agreement must include the following provisions,as applicable:
1)Contracts for more than the simplified acquisition threshold currently set at $150,000,which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils)as authorized by 41 U.S.C.1908,must address
administrative,contractual,or legal remedies in instances where contractors violate or breach contract
terms,and provide for such sanctions and penalties as appropriate.
2)All contracts in excess of $10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be effected and the basis for settlement.
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AGENDA ITEM #6. f)
3)Equal Employment Opportunity.Except as otherwise provided under 41 CFR Part 60,all contracts
that meet the definition of “federally assisted construction contract”in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(b),in accordance with Executive Order
11246,“Equal Employment Opportunity”(30 FR 12319,12935,3 CFR Part,1964-1965 Comp.,p.
339),as amended by Executive Order 11375,“Amending Executive Order 11246 Relating to Equal
Employment Opportunity,”and implementing regulations at 41 CFR part 60,“Office of Federal
Contract Compliance Programs,Equal Employment Opportunity,Department of Labor.”
4)Davis-Bacon Act,as amended (40 U.S.C.3141-3148).When required by Federal program
legislation,all prime construction contracts in excess of $2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act (40 U.S.C.3141-3144,and 3146-3148)
as supplemented by Department of Labor regulations (29 CFR Part 5,“Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction”).In accordance with
the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor.In
addition,contractors must be required to pay wages not less than once a week.The non-Federal
entity must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon
the acceptance of the wage determination.The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency.The contracts must also include a provision for
compliance with the Copeland “Anti-Kickback”Act (40 U.S.C.3145),as supplemented by Department
of Labor regulations (29 CFR Part 3,“Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”).The Act provides that
each contractor or subrecipient must be prohibited from inducing,by any means,any person
employed in the construction,completion,or repair of public work,to give up any part of the
compensation to which he or she is otherwise entitled.The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
The procurement process followed shall be in accordance with 2 CFR Parts 200 and 3002,Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments,Uniform Administrative Requirements for Grants and Other Agreements with Institutions
of Higher Education,Hospitals,and Other Nonprofit Organizations,as applicable to the SUB-
GRANTEE.All subcontracting agreements entered into pursuant to this Agreement shall incorporate
this Agreement by reference.
5)Contract Work Hours and Safety Standards Act (40 U.S.C.3701-3708).Where applicable,all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704,as
supplemented by Department of Labor regulations (29 CFR Part 5).Under 40 U.S.C.3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of
a standard work week of 40 hours.Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are
applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary,hazardous or dangerous.These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market,or contracts for transportation or transmission of intelligence.
6)Rights to Inventions Made Under a Contract or Agreement.lithe Federal award meets the definition
of “funding agreement”under 37 CFR §401.2 (a)and the recipient or subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental,developmental,or research work under that “funding
agreement,”the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants,Contracts and Cooperative Agreements,”and any implementing regulations issued by the
awarding agency.
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7)Clean Air Act (42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387),as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a
provision that requires the non-Federal award to agree to comply with all applicable standards,orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.7401 -7671 q)and the Federal Water
Pollution Control Act as amended (33 U.S.C.1251-1387).Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
8)Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220)must not be made to parties listed on the government-wide exclusions in the System for
Award Management (SAM),in accordance with the 0MB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp.,p.189)and 12689 (3 CFR part 1989 Comp.,p.
235),“Debarment and Suspension.”SAM Exclusions contains the names of parties debarred,
suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
9)Byrd Anti-Lobbying Amendment (31 U.S.C.1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the requited certification.Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency,a member of Congress,officer or
employee of Congress,or an employee of a member of Congress in connection with obtaining any
Federal contract,grant or any other award covered by 31 U.S.C.1352.Each tier must also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
10)Procurement of recovered materials --As required by 2 CFR 200.322,a non-Federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply with
section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and
Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA)at 40 CFR part 247 that contain the highest percentage
of recovered materials practicable,consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000;procuring solid waste management services in a manner that
maximizes energy and resource recovery;and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11)Notice of Federal awarding agency requirements and regulations pertaining to reporting.
12)Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13)Access by the DEPARTMENT,the SUBRECIPIENT,the Federal awarding agency,the
Comptroller General of the United States,or any of their duly authorized representatives to any books,
documents,papers,and records of the contractor which are directly pertinent to that specific contract
for the purpose of making audit,examination,excerpts,and transcriptions.
14)Retention of all required records for six years after the SUBRECIPIENT has made final
payments and all other pending matters are closed.
15)Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L.
94—163,89 Stat.871).
b.The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and
documents,and require the SUBRECIPIENT to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.318 through 2 CFR 200.326.The
SUBRECIPIENT must ensure that its procurement process requires contractors and subcontractors to
provide adequate documentation with sufficient detail to support the costs of the project and to allow
both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs.
c.All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
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A.12 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose
not directly connected with the administration of the DEPARTMENT’s or the SUBRECIPIENT’s
responsibilities with respect to services provided under this Agreement is prohibited except by prior
written consent of the DEPARTMENT or as required to comply with the state Public Records Act,other
law or court order.
A.13 DISPUTES
Except as otherwise provided in this contract,when a bona fide dispute arises between the parties and
it cannot be resolved through discussion and negotiation,either party may request a dispute resolution
panel to resolve the dispute.A request for a dispute resolution board shall be in writing,state the
disputed issues,state the relative positions of the parties,and be sent to all parties.The panel shall
consist of a representative appointed by the DEPARTMENT,a representative appointed by the
SUBRECIPIENT and a third party mutually agreed upon by both parties.The panel shall,by majority
vote,resolve the dispute.Each party shall bear the cost for its panel member and its attorney fees and
costs,and share equally the cost of the third panel member.
A.14 DUPLICATION OF BENEFITS
The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not,
or will not,duplicate benefits or funds received for the same loss from any other source.The
SUBRECIPIENT will pursue,and require sub-recipients to pursue,full payment of eligible insurance
benefits for properties or any other losses coveted in a project under this Agreement.The
SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are
duplicated by other benefits,funds,or insurance proceeds.The SUBRECIPIENT will also seek
recovery against any party or parties whose negligence or other intentional or tortious conduct may
have caused or contributed to the expenditures for which these grants funds are provided.The
SUBRECIPIENT will repay the DEPARTMENT any funds recovered by settlement,judgment or other
court order in an action to recover funds provided by this grant.The SUBRECIPIENT shall notify the
DEPARTMENT as early as possible and work in conjunction with the DEPARTMENT and FEMA to
ensure appropriate apportionment of any duplicated or recovered payment.
A.15 HAZARDOUS SUBSTANCES
The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances.The SUBRECIPIENT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the
presence of any hazardous substances at the proposed development/construction project site.The
SUBRECIPIENT will be responsible for any associated clean-up costs.“Hazardous Substance”is
defined in RCW 70.105D.020 (10).
A.16 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no tight to any other party.No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law,the SUBRECIPIENT,its successors or assigns,will protect,save and
hold harmless the DEPARTMENT,the State of Washington,and the United States Government and
their authorized agents and employees,from all claims,actions,costs,damages or expenses of any
nature whatsoever by reason of the acts or omissions of the SUBRECIPIENT,its sub-contractors,
assigns,agents,contractors,consultants,licensees,invitees,employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law,the SUBRECIPIENT further agrees to defend the DEPARTMENT and the
State of Washington and their authorized agents and employees in any litigation;including payment of
any costs or attorneys’fees for any claims or action commenced thereon arising out of or in connection
with acts or activities authorized by this Agreement.
This obligation shall not include such claims,costs,damages or expenses which may be caused by the
sole negligence of the DEPARTMENT;provided,that if the claims or damages are caused by or result
from the concurrent negligence of (1)the DEPARTMENT,and (2)the SUBRECIPIENT,its agents,or
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employees,this indemnity provision shall be valid and enforceable only to the extent of the negligence
of the SUBRECIPIENT,or SUBRECIPIENT’s agents or employees.
Insofar as the funding source,the DEPARTMENT of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA),is an agency of the federal government,the following shall apply:
44 CFR 206.9 Non-liability.The federal government shall not be liable for any claim based upon the
exercise or performance of,or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.17 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.Only the DEPARTMENT’s Authorized Signature and the Authorized
Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent,formally
designated in writing,shall have the express,implied,or apparent authority to alter,amend,modify,or
waive any clause or condition of this Agreement.Any alteration,amendment,modification,or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties Authorized Signature representatives.Further,only the Authorized Signature
representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement
requests,certification of project completion,time extension requests,amendment and modification
requests,requests for changes to project status,and other requests,certifications and documents
authorized by or required under this Agreement.
A.18 LOSS OR REDUCTION OF FUNDING
In the event funding from state,federal,or other sources is withdrawn,reduced,or limited in any way
after the effective date of this Agreement and prior to normal completion or end date,the
DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate or
suspend all or part of the Agreement as a “Termination for Cause”without providing the
SUBRECIPIENT an opportunity to cure.Alternatively,the parties may renegotiate the terms of this
Agreement under “Amendments and Modifications”to comply with new funding limitations and
conditions,although the DEPARTMENT has no obligation to do so.
A.f 9 NONASSIGNABILITY
Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by
the SUBRECIPIENT.
A.20 NONDISCRIMINATION
The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
regulations,and policies.No person shall,on the grounds of age,race,creed,color,sex,sexual
orientation,religion,national origin,marital status,honorably discharged veteran or military status,or
disability (physical,mental,or sensory)be denied the benefits of,or otherwise be subjected to
discrimination under any project,program,or activity,funded,in whole or in part,under this Agreement.
A.21 NOTICES
The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
local,state and federal laws and shall maintain a record of this compliance.
A.22 OCCUPATIONAL SAFETY!HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY!
HEALTH ACT fOSHAIWISHA)
The SUBRECIPIENT represents and warrants that its work place does now or will meet all applicable
federal and state safety and health regulations that are in effect during the SUBRECIPIENT’s
performance under this Agreement.To the extent allowed by law,the SUBRECIPIENT further agrees
to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability,
damages and costs of any nature,including but not limited to,costs of suits and attorneys’fees
assessed against the DEPARTMENT,as a result of the failure of the SUBRECIPIENT to so comply.
A.23 OWNERSHIP OF PROJECT!CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed
with funds under this Agreement,and by this grant of funds does not and will not acquire any ownership
interest or title to such property of the SUBRECIPIENT.
Public Assistance Grant Agreement Page 14 of 21 City of Renton,Dl 7-178
AGENDA ITEM #6. f)
The SUBRECIPIENT shall assume all liabilities arising from the ownership and operation of the project
and agrees to hold the DEPARTMENT and the State of Washington and the United States government
harmless from any and all causes of action arising from the ownership and operation of the project.
A.24 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot
issue.
A.25 PRIVACY
Personal information collected,used or acquired in connection with this agreement shall be used solely
for the purposes of this agreement.SUBRECIPIENT and its subcontractors agree not to release,
divulge,publish,transfer,sell or otherwise make known to unauthorized persons personal information
without the express written consent of the DEPARTMENT or as provided by law or court order.
SUBRECIPIENT agrees to implement physical,electronic and managerial safeguards to prevent
unauthorized access to personal information.
The DEPARTMENT reserves the right to monitor,audit,or investigate the use of personal information
collected,used or acquired by the SUBRECIPIENT through this contract.The monitoring,auditing or
investigating may include but is not limited to “salting”by the DEPARTMENT.Salting is the act of
placing a record containing unique but false information in a database that can be used later to identify
inappropriate disclosure of data contained in the database.
Any breach of this provision may result in termination of the contract and the demand for return of all
personal information.The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT
for any damages related to the SUBRECIPIENT’s unauthorized use,loss or disclosure of personal
information.
For purposes of this provision,personal information includes,but is not limited to,information
identifiable to an individual that relates to a natural person’s health,finances,education,business,use
or receipt of governmental services,or other activities,names,addresses,telephone numbers,social
security numbers,driver license numbers,financial profiles,credit card numbers,financial identifiers
and other identifying numbers.
A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or any other
approval or concurrence under this Agreement provided;however,that reasonable fees or bona fide
technical consultant,managerial,or other such services,other than actual solicitation,are not hereby
prohibited if otherwise eligible as project costs.
A.27 PUBLICITY
The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and
publicity mailers relating to this Agreement wherein the DEPARTMENT’s name is mentioned or
language used from which the connection of the DEPARTMENT’s name may,in the DEPARTMENT’s
judgment,be inferred or implied.The SUBRECIPIENT agrees not to publish or use such advertising
and publicity matters without the prior written consent of the DEPARTMENT.The SUBRECIPIENT may
copyright original work it develops in the course of or under this Agreement;however,pursuant to 2
CFR Part 200.315,FEMA reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,
publish or otherwise use,and to authorize others to use the work for government purposes.
The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to,the project.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
the DEPARTMENT and FEMA’s financial support,by CFDA number,and a statement that the
publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.28 RECAPTURE PROVISION
In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with
applicable federal,state,and local laws,regulations,and/or the provisions of the Agreement,the
DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
Public Assistance Grant Agreement Page 15 of 21 city of Renton,Dl 7-178
AGENDA ITEM #6. f)
noncompliance.Such tight of recapture shall exist for the life of the project following Agreement
termination.Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur
within 30 days of demand.In the event the DEPARTMENT is required to institute legal proceedings to
enforce the recapture provision,the DEPARTMENT shall be entitled to its costs and expenses thereof,
including attorney fees.
A.29 RECORDS AND REPORTS
a.The SUBRECIPIENT agrees to maintain all books,records,documents,receipts,invoices and all
other electronic or written records necessary to sufficiently and properly reflect the
SUBRECIPIENT’s contracts,subawards,grant administration,and payments,including all direct
and indirect charges,and expenditures in the performance of this Agreement (the “records”).
b.The SUBRECIPIENT’s records related to this Agreement and the projects funded may be inspected
and audited by the DEPARTMENT or its designee,by the Office of the State Auditor,DHS,FEMA
or their designees,by the Comptroller General of the United States or its designees,or by other
state or federal officials authorized by law,for the purposes of determining compliance by the
SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c.The records shall be made available by the SUBRECIPIENT for such inspection and audit,together
with suitable space for such purpose,at any and all times during the SUBRECIPIENT’s normal
working day.
d.The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the
funded project(s)for a period of at least six (6)years following final payment and closure of the
grant under this Agreement.Despite the minimum federal retention requirement of three (3)years,
the more stringent State requirement of six (6)year must be followed.
A.30 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which funds are provided under this Agreement
shall be liable for the costs incurred by the state and federal governments in responding to such
disaster.In addition to its own duty to recover duplicated funds or funds expended due to the
intentional or negligent actions of others.SUBRECIPIENT will cooperate in a reasonable manner with
the DEPARTMENT and the United States in efforts to recover expenditures under this Grant
Agreement.
A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKIWORK PLAN
While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of
work/work plan (project)by providing grant funds pursuant to this Agreement,the project itself remains
the sole responsibility of the SUBRECIPIENT.The DEPARTMENT undertakes no responsibility to the
SUBRECIPIENT,or to any third party,other than as is expressly set out in this Agreement.
The responsibility for the design,development,construction,implementation,operation and
maintenance of the project,as these phrases are applicable to this project,is solely that of the
SUBRECIPIENT,as is responsibility for any claim or suit of any nature by any third party related in any
way to the project.
Prior to the start of any construction activity,the SUBRECIPIENT shall ensure that all applicable
Federal,State,and local permits and clearances are obtained,including but not limited to FEMA
compliance with the National Environmental Policy Act,the National Historic Preservation Act,the
Endangered Species Act,and all other environmental laws and executive orders.
The SUBRECIPIENT shall defend,at its own cost,any and all claims or suits at law or in equity,which
may be brought against the SUBRECIPIENT in connection with the project.The SUBRECIPIENT shall
not look to the DEPARTMENT,or to any state or federal agency,or to any of their employees or
agents,for any performance,assistance,or any payment or indemnity,including but not limited to cost
of defense and/or attorneys’fees,in connection with any claim or lawsuit brought by any third party
related to any design,development,construction,implementation,operation and/or maintenance of a
project.
Public Assistance Grant Agreement Page 16 of 21 City of Renton,Dl 7-178
AGENDA ITEM #6. f)
A.32 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its
application to any person or circumstances invalid,this invalidity does not affect other provisions,terms
or conditions of the Agreement,which can be given effect without the invalid provision.To this end,the
terms and conditions of this Agreement are declared severable.
A.33 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds
from all sources,direct and indirect,are required to have a single or a program-specific audit conducted
in accordance with 2 CFR Part 200 Subpart F.Non-federal entities that spend less than $750,000 a
year in federal awards are exempt from federal audit requirements for that year,except as noted in 2
CFR Part 200 Subpart F.As defined in 2 CFR Part 200,the term “non-federal entity”means a State,
local government,Indian Tribe,institution of higher education,or non-profit organization that carries out
a federal award as a recipient or subrecipient.
SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance
with Generally Accepted Government Auditing Standards (GAGAS)as found in the Government
Auditing Standards (the Revised Yellow Book)developed by the United States Comptroller General
and the 0MB Compliance Supplement.The SUBRECIPIENT has the responsibility of notifying its
auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F,to include the
Washington State Auditor’s Office,a federal auditor,or a public accountant performing work using
GAGAS,as appropriate.Costs of the audit may be an allowable grant expenditure as authorized by 2
CFR Part 200 Subpart F.
The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any subrecipients or contractors also maintain auditable records.
The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of
its subcontractors.Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report.
The SUBRECIPIENT must respond to DEPARTMENT requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request.The DEPARTMENT reserves
the right to recover from the SUBRECIPIENT all disallowed costs resulting from the audit.
Once the single audit has been completed and includes and audit findings,the SUBRECIPIENT must
send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9)
months after the end of the SUBRECIPIENT’s fiscal year(s)to:
Contracts Office
Washington Military Department
Finance Division,Building #1 TA-20
Camp Murray,WA 98430-5032
If Contractor claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F,the
SUBRECIPIENT must send a letter identifying this Agreement and explaining the criteria for exemption
no later than nine (9)months after the end of the SUBRECIPIENT’s fiscal year(s)to the address listed
above.
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption
from the audit requirements of this provision has been established.
The SUBRECIPIENT shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a
material requirement of this Agreement.In the absence of a valid claim of exemption from the audit
requirements of 2 CFR Part 200 Subpart F,the SUBRECIPIENT’s failure to comply with said audit
requirements may result in one or more of the following actions in the DEPARTMENT’s sole discretion:
a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR
Part 200 Subpart F;the withholding or disallowing of overhead costs;the suspension of federal awards
until the audit is conducted and submitted;or termination of the federal award.
Public Assistance Grant Agreement Page 17 of 21 City of Renton,D17-1 78
AGENDA ITEM #6. f)
A.34 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement.The
SUBRECIPIENT,and/or employees or agents performing under this Agreement are not employees or
agents of the DEPARTMENT in any manner whatsoever.The SUBRECIPIENT will not be presented
as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by
reason of this Agreement,nor will the SUBRECIPIENT make any claim,demand,or application to or for
any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of
Washington by reason of this Agreement,including,but not limited to,Workmen’s Compensation
coverage,unemployment insurance benefits,social security benefits,retirement membership or credit,
or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the SUBRECIPIENT is another state department,state agency,state university,
state college,state community college,state board,or state commission,that the officers and
employees are employed by the State of Washington in their own right and not by reason of this
Agreement.
A.35 TAXES,FEES AND LICENSES
Unless otherwise provided in this Agreement,the SUBRECIPIENT shall be responsible for,pay and
maintain in current status all taxes,unemployment contributions,fees,licenses,assessments,permit
charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or
regulation that are applicable to Agreement performance.
A.36 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement,the SUBRECIPIENT may terminate this Agreement
by providing written notice of such termination to the DEPARTMENTs Key Personnel identified in the
Agreement,specifying the effective date thereof,at least thirty (30)days prior to such date.
Except as otherwise provided in this Agreement,the DEPARTMENT,in its sole discretion and in the
best interests of the State of Washington,may terminate this Agreement in whole or in part by providing
ten (10)calendar days written notice,beginning on the second day after mailing to the
SUBRECIPIENT.Upon notice of termination for convenience,the DEPARTMENT reserves the right to
suspend all or part of the Agreement,withhold further payments,or prohibit the SUBRECIPIENT from
incurring additional obligations of funds.In the event of termination,the SUBRECIPIENT shall be liable
for all damages as authorized by law.The rights and remedies of the DEPARTMENT provided for in
this section shall not be exclusive and are in addition to any other rights and remedies provided by law.
A.37 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT,in its sole discretion,determines the SUBRECIPIENT has failed to fulfill
in a timely and proper manner its obligations under this Agreement,is in an unsound financial condition
so as to endanger performance hereunder,is in violation of any laws or regulations that render the
SUBRECIPIENT unable to perform any aspect of the Agreement,or has violated any of the covenants,
agreements or stipulations of this Agreement,the DEPARTMENT has the right to immediately suspend
or terminate this Agreement in whole or in part.
The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and
provide a period of time in which to cure.The DEPARTMENT is not required to allow the
SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the
DEPARTMENT’s discretion.Any time allowed for cure shall not diminish or eliminate the
SUBRECIPIENT’s liability for damages or otherwise affect any other remedies available to the
DEPARTMENT.If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure,the
DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action.If the
corrective action is not taken within ten (10)calendar days or as otherwise specified by the
DEPARTMENT,or if such corrective action is deemed by the DEPARTMENT to be insufficient,the
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Agreement,withhold further
payments,or prohibit the SUBRECIPIENT from incurring additional obligations of funds during
investigation of the alleged compliance breach,pending corrective action by the SUBRECIPIENT,if
allowed,or pending a decision by the DEPARTMENT to terminate the Agreement in whole or in part.
In the event of termination,the SUBRECIPIENT shall be liable for all damages as authorized by law,
including but not limited to,any cost difference between the original Agreement and the replacement or
Public Assistance Grant Agreement Page 18 of 21 city of Renton,D17-178
AGENDA ITEM #6. f)
cover Agreement and all administrative costs directly related to the replacement Agreement,e.g.,cost
of administering the competitive solicitation process,mailing,advertising and other associated staff
time.The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive
and are in addition to any other rights and remedies provided by law.
If it is determined that the SUBRECIPIENT:(1)was not in default or material breach,or (2)failure to
perform was outside of the SUBRECIPIENT’s control,fault or negligence,the termination shall be
deemed to be a “Termination for Convenience”.
A.38 TERMINATION PROCEDURES
In addition to the procedures set forth below,if the DEPARTMENT terminates this Agreement,the
SUBRECIPIENT shall follow any procedures specified in the termination notice.Upon termination of
this Agreement and in addition to any other rights provided in this Agreement,the DEPARTMENT may
require the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or
acquired for the performance of such part of this Agreement as has been terminated.
If the termination is for convenience,the DEPARTMENT shall pay to the SUBRECIPIENT the agreed
upon price,if separately stated,for properly authorized and completed work and services rendered or
goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement
termination,and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i)
completed work and services and/or equipment or supplies provided for which no separate price is
stated,(ii)partially completed work and services and/or equipment or supplies provided which are
accepted by the DEPARTMENT,(iii)other work,services and/or equipment or supplies which are
accepted by the DEPARTMENT,and (iv)the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the “Disputes”clause of
this Agreement.If the termination is for cause,the DEPARTMENT shall determine the extent of the
liability of the DEPARTMENT.The DEPARTMENT shall have no other obligation to the
SUBRECIPIENT for termination.The DEPARTMENT may withhold from any amounts due the
SUBRECIPIENT such sum as the DEPARTMENT determines to be necessary to protect the
DEPARTMENT against potential loss or liability.
The tights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and
ate in addition to any other rights and remedies provided by law.
After receipt of a notice of termination,and except as otherwise directed by the DEPARTMENT in
writing,the SUBRECIPIENT shall:
a.Stop work under the Agreement on the date,and to the extent specified,in the notice;
b.Place no further orders or sub-contracts for materials,services,supplies,equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of such
portion of the work under the Agreement as is not terminated;
c.Assign to the DEPARTMENT,in the manner,at the times,and to the extent directed by the
DEPARTMENT,all of the rights,title,and interest of the SUBRECIPIENT under the orders and
sub-contracts so terminated,in which case the DEPARTMENT has the right,at its discretion,to
settle or pay any or all claims arising out of the termination of such orders and contracts;
d.Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-
contracts,with the approval or ratification of the DEPARTMENT to the extent the
DEPARTMENT may require,which approval or ratification shall be final for all the purposes of
this clause;
e.Transfer title to the DEPARTMENT and deliver in the manner,at the times,and to the extent
directed by the DEPATMENT any property which,if the Agreement had been completed,would
have been requited to be furnished to the DEPARTMENT;
f.Complete performance of such part of the work as shall not have been terminated by the
DEPARTMENT in compliance with all contractual requirements;and
g.Take such action as may be necessary,or as the DEPARTMENT may require,for the protection
and preservation of the property related to this Agreement which is in the possession of the
SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest.
Public Assistance Grant Agreement Page 19 of 21 city of Renton,Dl 7-178
AGENDA ITEM #6. f)
A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to
assure that minority firms,women’s business enterprises,and labor surplus area firms are used when
possible and will take all necessary affirmative steps to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Agreement.The following
steps are required by the subrecipient if any contracts with contractors or sub-contractors are entered
into under the original contract award:
a.Placing qualified small and minority businesses and women’s business enterprises on
solicitation lists;
b.Assuring that small and minority businesses,and women’s business enterprises are solicited
whenever they are potential sources;
c.Dividing total requirements,when economically feasible,into smaller tasks or quantities to
permit maximum participation by small and minority businesses,and women’s business
enterprises;
d.Establishing delivery schedules,where the requirement permits,which encourage participation
by small and minority businesses,and women’s business enterprises;and
e.Using the services and assistance,as appropriate,of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of
Commerce.
The SUBRECIPIENT may also set utilization standards,based upon local conditions or may utilize the
State of Washington MWBE goals,as identified in.WAC 326-30-041.
A.40 VENUE
This Agreement shall be construed and enforced in accordance with,and the validity and performance
shall be governed by the laws of the State of Washington.Venue of any suit between the parties
arising out of this Agreement shall be the Superior Court of Thurston County,Washington.The
SUBRECIPIENT,by execution of this Agreement acknowledges the jurisdiction of the courts of the
State of Washington.
A.41 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
DEPARTMENT in writing.The DEPARTMENT’s failure to insist upon strict performance of any
provision of the Agreement or to exercise any right based upon a breach thereof,or the acceptance of
any performance during such breach,shall not constitute a waiver of any right under this Agreement.
Public Assistance Grant Agreement Page 20 of 21 city of Renton,Dl 7-178
AGENDA ITEM #6. f)
Attachment 3
PROJECT WORKSHEET SAMPLE
U.S.DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B.No.1660-001 7
PROJECT WORKSHEET
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 90 minutes per response.Burden means the time,effort and financialresourcesexpendedbypersonstogenerate,maintain,disclose,or to provide information to us.You may send comments
regarding the accuracy of the burden estimate and or any aspect of the collection,including suggestions for reducing the burden
to:Information Collections Management,U.S.Department of Homeland Security,Federal Emergency Management Agency,500CStreet,SW,Washington,DC 20472,Paperwork Reduction Project (0MB Control Number 1660-0017).You are not required torespondtothiscollectionofinformationunlessavalid0MBnumberappearsintheupperrightcornerofthisform.NOTE:Do not
send your completed form to this address.
DISASTER PROJECT NO.PA ID NO.DATE CATEGORY
F I I I II
DAMAGED FACILITY WORK COMPLETE AS OF:
:%
SUBRECIPIENT COUNTY
LOCATION LATITUDE LONGITUDE
DAMAGE DESCRIPTION AND DIMENSIONS
SCOPE OF WORK
Does the Scope of Work change the pre-disaster conditions at the site?LJ Yes Q No
Special Considerations issues included?U Yes Q No Hazard Mitigation proposal included?Q Yes U No
Is there insurance coverage on this facility?Q Yes D No
PROJECT COST
I CODE NARRATIVE QUANTITYIUNIT UNIT PRICE COSTt.
I
I
I
I
I
I
_TOTAL COST
PREPARED BY TITLE SIGNATURE
SUBRECIPIENT REP.TITLE SIGNATURE
FEMA Form 90-91,FEB06 REPLACES ALL PREVIOUS EDITIONS.
Public Assistance Grant Agreement Page 21 of 21 City of Renton,Dl 7-178
AGENDA ITEM #6. f)
AB - 2028
City Council Regular Meeting - 13 Nov 2017
SUBJECT/TITLE: Turnback Agreement TB 1-0254 with the Washington State
Department of Transportation for the Jurisdictional Transfer of
Segments of SR 515, SR 900, SR 169 and SR 167
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Jim Seitz, Transportation Director
EXT.: 7245
FISCAL IMPACT SUMMARY:
The Washington State Department of Transportation (WSDOT) will transfer all programmed funds totaling
$2,364,931 for upcoming repairs and paving of SR 900 to the City. The City will thereafter assume
responsibility for the operation and maintenance of the streets including the Bronson Way Bridge over the
Cedar River.
SUMMARY OF ACTION:
This turnback agreement removes the state route designation of segments of four state routes within
downtown Renton, primarily SR 515 and SR 900. Small segments of SR 169 and SR 167 are also included in the
agreement because they happen to coincide with segments of SR 900. This gives the City jurisdictional control
over these streets, without having to seek approval from WSDOT, for the implementation of improvements
within the downtown civic core including the conversion of streets back to two -way traffic and urban design
features.
The advantages and disadvantages associated with this action are as follows:
Advantages:
• No state oversight or approvals for downtown civic core developments.
• Reduces project costs and time.
• Changes to reduce “cut-through” traffic on downtown streets will not require WSDOT concurrence.
• Increases design flexibility.
• Signage and channelization under city control.
Disadvantages:
• City will be responsible for the future street maintenance and overlays.
• City will become the owner and provide maintenance for the Bronson Way Bridge.
EXHIBITS:
A. TURNBACK AGREEMENT TB 1-0254
STAFF RECOMMENDATION:
AGENDA ITEM #6. g)
Authorize the Mayor and City Clerk to execute Turnback Agreement TB 1-0254 with the Washington State
Department of Transportation for the jurisdictional transfer of segments of SR 515, SR 900, SR 169, and
SR 167.
AGENDA ITEM #6. g)
Page 1 TB 1-0254
Turnback Agreement TB 1-0254
Washington State Department of Transportation and the City of Renton
SR 515, SR 900, SR 169 and SR 167 Jurisdiction Transfer
THIS AGREEMENT is between the STATE OF WASHINGTON, Department of Transportation, hereinafter the
"STATE,” and the City of Renton, hereinafter the "LOCAL AGENCY,” collectively hereinafter the “PARTIES.”
WHEREAS, the STATE and LOCAL AGENCY enter into this Agreement to identify the process and timing of the
return of certain sections of SR 515, SR 900, SR 169 and SR 167 to the LOCAL AGENCY,
WHEREAS, SR 515, SR 900, SR 167 and SR 169 are managed access highways within the LOCAL AGENCY’s
jurisdictional limits, where title to the rights of way for these city streets that form part of the state highway system are
vested in the LOCAL AGENCY pursuant to RCW 47.24.020(15), but certain maintenance and operational obligations
defined by RCW 47.24.020 and the City Streets as Part of State Highways Guidelines, dated April 30, 1997 as
amended on April 2, 2013, are the STATE’s responsibility, and
WHEREAS, the LOCAL AGENCY has requested (Exhibit A), and STATE has agreed to no longer designate SR 515
from Milepost 7.05 (ARM 7.02) in the vicinity of I-405 to Milepost 7.82 (ARM 7.86) in the vicinity of South 2nd
Street / South Bronson Way, approximately 4,440 feet in length, as a city street that forms part of the state highway
system under RCW 47.24.010, as shown on Exhibit B, and
WHEREAS, the LOCAL AGENCY has requested (Exhibit A), and STATE has agreed to no longer designate
mainline SR 900 from Milepost 9.93 in the vicinity of SR 167 at Rainier Avenue South to Milepost 11.50 in the
vicinity of I-405, approximately 8,300 feet in length, as a city street that forms part of the state highway system under
RCW 47.24.010, as shown on Exhibit B, and
WHEREAS, the LOCAL AGENCY has requested (Exhibit A), and STATE has agreed to no longer designate
mainline SR 900 operating as a Couplet from Milepost 11.40 in the vicinity of SR 167 at Rainier Avenue South to
Milepost 10.71 in the vicinity of SR 900 Mainline at South 2nd Street, approximately 3,640 feet in length, as a city
street that forms part of the state highway system under RCW 47.24.010, as shown on Exhibit B, and
WHEREAS, the LOCAL AGENCY has requested (Exhibit A), and the STATE has agreed to no longer designate SR
167 from Milepost 27.18 in the vicinity of SR 900 (SW Sunset Boulevard / South 3rd Street) to Milepost 27.28 in the
vicinity of SR 900 Couplet (South 2nd Street), approximately 530 feet in length, as a city street that forms part of the
state highway system under RCW 47.24.010, as shown on Exhibit B, and
WHEREAS, the LOCAL AGENCY has requested (Exhibit A), and the STATE has agreed to no longer designate SR
169 from Milepost 25.25 to Milepost 25.26, which is coincident with SR 900 from Milepost 11.02 to Milepost 11.05,
as a city street that forms part of the state highway system under RCW 47.24.010 as shown on Exhibit B, and
WHEREAS, these changes in designations do not modify the legislative determination of SR 515, SR 900, SR 167 and
SR 169 under RCW 47.17.705, RCW 47.17.825, RCW 47.17.330 and RCW 47.17.340, respectively, and therefore,
they do not require a legislative amendment or action by the Transportation Commission (Exhibit C), and
NOW, THEREFORE, pursuant to RCW 47.24.010, the above recitals that are incorporated herein as if fully set forth
below, and in consideration of the terms, conditions, covenants, and performances contained herein, and the attached
Exhibit A, B, and C which are incorporated and made a part hereof,
AGENDA ITEM #6. g)
Page 2 TB 1-0254
IT IS MUTUALLY AGREED AS FOLLOWS:
1. COMPLETION, ACCEPTANCE, AND TRANSFER OF OPERATION AND MAINTENANCE
1.1 The LOCAL AGENCY agrees to accept the responsibility for maintenance and operation of the right of way
and Roadway Facilities as shaded, where applicable on Exhibit B, as follows:
BLUE Indicates Jurisdiction Transfer of SR 515 Roadway Facilities and right of way to the
LOCAL AGENCY
DARK GREEN Indicates Jurisdiction Transfer of SR 900 Roadway Facilities and right of way to the
LOCAL AGENCY
ORANGE Indicates Jurisdiction Transfer of SR 167 Roadway Facilities and right of way to the
LOCAL AGENCY
LIGHT GREEN Indicates Jurisdiction Transfer of SR 169 Roadway Facilities and right of way to the
LOCAL AGENCY (SR 169 is coincident with SR 900 in a small segment as shown on
Exhibit B-6)
1.2 Upon full execution of this Agreement, the LOCAL AGENCY immediately accepts responsibility for the
aforementioned portions of SR 515, SR 900, SR 169 and SR 167 as identified in Exhibit B and relieves the STATE
from all responsibilities and liabilities for their operation and maintenance
1.3 The STATE shall reimburse the LOCAL AGENCY up to $2,364,931, for Local Agency’s upcoming
resurfacing of SR 900 from Rainier Ave. to Bronson WA (MP 9.87 to MP 11.01). The Federal funds, like any other
FHWA funding project, will be available on a reimbursement basis.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the date last written below.
CITY OF RENTON, LOCAL AGENCY STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By: ______________________________________ By: __________________________________________
Name: Denis Law Name: John H. White, P.E,
Title: Mayor of Renton Title: Assistant Regional Administrator for Snohomish
and King Counties
Date: ________________________ Date: _________________________
APPROVED AS TO FORM
By:__________________________________________
Name: Patricia Nightingale
Title: Senior Assistant Attorney General
Date: ______________________
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AB - 2029
City Council Regular Meeting - 13 Nov 2017
SUBJECT/TITLE: Project Acceptance: Maplewood Creek and Madsen Creek Sediment
Basin Cleaning Project 2017 CAG-17-119 with Sierra Pacific
Construction, LLC
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Manager
EXT.: 7248
FISCAL IMPACT SUMMARY:
The original contract amount was $99,606.10 and the final contract amount is $99,531.04. The contract was
fully funded through the Surface Water Utility Capital Improvement Program budgets for the Maplewood
Creek Sediment Basin Cleaning Project (427.475060) and the Madsen Creek Sediment Basin Cleaning Project
(427.475050). There is sufficient funding in the approved 2017 Capital Improvement Program combined
budgets for the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2017.
SUMMARY OF ACTION:
The Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2017 was awarded to Sierra Pacific
Construction, LLC on July 6, 2017. Project construction began on July 17, 2017 and was completed on
September 15, 2017.
The project consisted of:
• Installation of temporary diversion dams.
• Dewatering the sediment basins.
• Fish rescue.
• Removal of accumulated sediment.
• Refilling the sediment basins.
• Restoration and hydro-seeding.
During project construction, no change orders were issued.
All work for the project has been completed and is ready for final acceptance by Council.
EXHIBITS:
A. Notice of Completion of Public Works Contract
STAFF RECOMMENDATION:
Accept the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2017 and authorize the
release of retainage in the amount of $4,524.14 after 60 days, subject to the receipt of all required
authorizations from the state.
AGENDA ITEM #6. h)
Revised #
Assigned to:
UBI Number:
Yes No
Yes
Telephone #
Bond Number:
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
Date Work Commenced Date Work Completed
Contractor Address
Date Contract Awarded
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Federally funded transportation project?
Contractor's Name
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
Name & Mailing Address of Public Agency
E-mail Address
Contract Number
Notice is hereby given relative to the completion of contract or project described below
Date:Contractor's UBI Number:
Date Work Accepted
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
%
$
$$
Contact Name:Title:
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Amount Disbursed
p
Sales Tax Rate
Contract Amount
NOTE: These two totals must be equal
TOTAL
Comments:
Sales Tax Amount
Reductions ( - )
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
TOTAL
Liquidated Damages
Email Address: Phone Number:
p
Sub-Total
Additions ( + )
Amount Retained
(If various rates apply, please send a breakdown)
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publicworks@esd.wa.gov
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
F215-038-000 10-2014REV 31 0020e (10/26/15)
p@g
AGENDA ITEM #6. h)
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014
AGENDA ITEM #6. h)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
RENTON REGIONAL FIRE AUTHORITY TO IDENTIFY THE PROCESS FOR THE
COLLECTION, DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES.
WHEREAS, the City and Renton Regional Fire Authority (“RRFA”) are authorized, pursuant
to chapter 39.34 RCW, the Interlocal Cooperation Act, to enter into an interlocal government
cooperative agreement; and
WHEREAS, the existing Interlocal Agreement for Cooperation Between the City of Renton
and the Renton Regional Fire Authority (authorized by the City Council in Resolution 4291)
requires the City and the RRFA to negotiate a separate interlocal agreement to outline more
specific responsibilities and requirements for each party as it relates to the collection,
distribution, and expenditure of Fire Impact Fees; and
WHEREAS, the City and the RRFA have negotiated such separate interlocal agreement
entitled Interlocal Agreement for the Collection, Distribution, and Expenditure of Fire Impact
Fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DORESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into the interlocal
agreement with the RRFA entitled Interlocal Agreement for the Collection, Distribution, and
Expenditure of Fire Impact Fees, attached as Exhibit A hereto and incorporated by this reference;
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
2
provided that the RRFA Governance Board has also given its authorization for the RRFA to enter
into the interlocal agreement.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2017.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2017.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES:1750:10/26/17:scr
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
3
EXHIBIT A
Interlocal Agreement for the Collection, Distribution, and
Expenditure of Fire Impact Fees
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 1 of 12
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
THIS AGREEMENT is entered into this _______ day of November, 2017 ("Effective Date") by and
between the City of Renton, a Washington municipal corporation (the “City"), and the Renton
Regional Fire Authority, a Washington special purpose district ("RRFA") (collectively, the City and
the RRFA are the “Parties”).
RECITALS
1. The Washington State Legislature passed the Growth Management Act of 1990 (GMA) now
codified as chapter 36.70A RCW and chapter 82.02 RCW (the "Act") which authorizes the
imposition and collection of impact fees on development activity as part of the financing
for public facilities, including fire protection facilities, in order to serve new growth; and
2. The Act requires that financing for these public facilities must provide for a balance
between impact fees and other sources of public funds and cannot rely solely on impact
fees; and
3. Impact fees are a critical form of funding necessary for maintaining adequate public fire
protection facilities concurrently with development; and
4. The Act allows the collection and expenditure of impact fees only for public facilities that
are addressed by a capital facilities element of a comprehensive land use plan; and
5. The City Council has adopted section 4-1-190 of the Renton Municipal Code (“RMC”), titled
Impact Fees, which governs the City’s impact fee program, and authorizes the City to collect
fire impact fees in conformance with the Act; and
6. In the Interlocal Agreement for Cooperation Between the City of Renton and Renton
Regional Fire Authority, which became effective on July 5, 2016, and is maintained as City
file number CAG-16-116 (the “2016 ILA”), the City and the RRFA agreed that until 2017 the
City would charge the fire impact fees listed in the City’s 2015-2016 fee schedule, but that
“[b]eginning in 2017, by no later than September 1 of each year, the RRFA may submit to
the City proposed updates to the Fire Impact Fees, together with an updated Fire Capital
Facilities Plan;” and
7. The 2016 ILA also addressed debt service on a promissory note relating to Fire Station 13,
providing as follows at its Section XIV.A.:
“Pursuant to the RFA Plan, the City will retain collected Fire Impact Fees
necessary to cover the debt service requirement for a promissory note
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 2 of 12
between Fire District 40 and the City for the transfer of Fire Station 13 (the
‘Debt’). Fire Impact Fees collected in excess of such debt service shall be
remitted to the RRFA and spent in accordance with all applicable laws. To
the degree Fire Impact Fees are collected by the City through its billing,
permit or license systems, the City will remit to the RRFA in a timely manner
all funds collected in excess of the Debt;”
and the City’s amortization schedule for the debt service requirement on the promissory
note relating to Fire Station 13 (the “Debt Service”) is attached hereto as Exhibit A; and
8. The City makes two payments each year on the Debt Service, on March 1 and September 1.
As of September 1, 2017, the balance on the Debt Service was $4,531,492, plus interest at
an annual interest rate of 3.75%, all as shown in Exhibit A; and
9. The Parties reaffirm their intent that the fire impact fees collected by the City will be first
applied to the entire Debt Service, with only those fire impact fees collected in excess of
the entire Debt Service to be remitted by the City to the RRFA; and
10. As anticipated in the 2016 ILA, the RRFA prepared a Capital Facilities Plan (“RRFA CFP”)
under the Act and a Rate Study for Fire Impact Fees (“Fire Rate Study”) for adoption by the
RRFA's Governance Board, and authorization to collect and expend fees is contingent upon
the City's adoption of the RRFA CFP as part of the City's comprehensive land use plan
(“Comprehensive Plan”), as required by the Act, and the RRFA CFP's adherence to the
statutory requirements of the Act; and
11. The RRFA provided copies of the adopted RRFA CFP and Fire Rate Study to the City for
consideration and for adoption of the RRFA CFP into the City's Capital Facilities Element of
the Comprehensive Plan as anticipated in the 2016 ILA; and
12. The City Council is scheduled to adopt by ordinance the RRFA CFP into the City’s Capital
Facilities Element of the Comprehensive Plan, adopted the Fire Rate Study, and amended
RMC 4-1-190 to provide for collection of fire impact fees in the amounts established in the
Fire Rate Study; and
13. The City and the RRFA desire to enter into this Interlocal Agreement pursuant to chapter
39.34 RCW, for the purposes of setting forth the responsibilities and requirements of the
Parties with regard to the fire impact fee program, as anticipated in the 2016 ILA.
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 3 of 12
NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:
AGREEMENT
The City and the RRFA agree to comply with the terms of this Agreement, which shall govern the
collection, distribution, expenditure, and refunding of fire impact fees.
I. ADOPTION OF RECITALS
The foregoing recitals are adopted and incorporated herein as terms of this Agreement.
II. RESPONSIBILITIES OF THE RRFA
The RRFA, by and through its officials, employees, agents, and representatives, agrees to:
A. Annually, on or before September 1 of each year, submit to the City either (1) a six-year
capital facilities plan which shall comply with the applicable requirements of RMC 4-1-
190, together with an impact fee schedule which meets the requirements of the Act or
(2) an update of a previously adopted plan and shall comply with all other applicable
requirements of RMC 4-1-190.
B. Accept full responsibility if any fire impact fees are challenged, as more fully set forth in
Section VI.
C. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
expend impact fees remitted to the RRFA under this Agreement, and all interest
proceeds on such fees, solely for expenditures authorized by the Act.
D. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
prepare an annual report in accordance with the requirements of RCW 82.02.070(1) and
RMC 4-1-190 showing the system improvements that were financed in whole or in part
by impact fees and the amount of funds expended. The RRFA shall provide the annual
report to the City no later than September 1 of each year for the preceding calendar
year.
E. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
refund impact fees and interest earned on impact fees when a refund is required
pursuant to RCW 82.02.080.
F. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
maintain accounts and records necessary to ensure proper accounting for all impact fee
funds and for compliance with this Agreement, the Act, and RMC 4-1-190.
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 4 of 12
G. At such time as the City begins to transfer Impact Fees to the RRFA under Section III.F,
in the event the RRFA has extraordinary and compelling reasons for holding impact fees
for longer than the period provided in RCW 82.02.070(3), the RRFA shall identify such
findings in writing to its Governance Board and to the City Council.
H. At the request of the City, review for form any covenant or declarations of restrictions
that purports to maintain exemptions from payment of fire impact fees.
III. RESPONSIBILITIES OF THE CITY
The City, by and through its officials, employees, agents, and representatives, agrees to:
A. Timely review and take action to adopt the RRFA CFP, the Fire Rate Study, and the
RRFA's impact fee schedule, and subsequent updates to those documents, provided
that the RRFA has complied with the terms of this Agreement.
B. Pursuant to RMC 4-1-190, assess and collect the fire impact fees established in and
consistent with the RRFA capital facilities plan, Fire Rate Study, and impact fee schedule
that are adopted by the City.
C. Impose and collect an administrative fee for the collection of fire impact fees, if
established by Council resolution, which administrative fees shall belong solely to the
City. The City agrees that it will not impose an administrative fee prior to the time in
which the Debt Service has been paid in full.
D. Establish and maintain fire impact fee account(s) pursuant to RCW 82.02.070.
E. Between the Effective Date and the date the City has collected sufficient impact fees to
satisfy the Debt Service, the City shall apply such impact fees, together with all interest
accrued on the City’s impact fee account(s) to the Debt Service. The City shall not be
required to transfer any impact fees or interest to the RRFA until the City has collected
sufficient impact fees to satisfy the Debt Service. During this time period, the City shall,
on behalf of the RRFA, be responsible for performing the refunding, reporting and
accounting obligations set forth in Section II.D.E.F. and G.
F. After the date the City has collected sufficient impact fees to satisfy the Debt Service,
the City shall remit monthly to the RRFA, all impact fees and accrued interest on such
fees collected by the City during the prior month. Each remittal shall be less any
applicable administrative fees.
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 5 of 12
IV. GENERAL TERMS
A. This Agreement may only be amended in writing and shall become effective only when the
governing body of each party has approved a written amendment or addendum to this
Agreement.
B. The Parties acknowledge that, except as otherwise specifically provided for herein, the City
shall in no event be responsible for the payment of any impact fees to the RRFA, except for
impact fees actually collected for the RRFA.
C. The Parties acknowledge that the RRFA shall in no event be responsible for the payment of
any of the Debt Service regardless of the amount of impact fees collected.
D. This Agreement shall remain in effect until terminated as provided in Section VII.
E. No separate legal or administrative entity is created under this Agreement.
F. No joint financing structure or budget is hereby created under this Agreement.
G. No real or personal property will be acquired under this Agreement.
H. This Agreement will be administered by the Chief Administrative Officer of the City of
Renton, or his/her designee and the Fire Chief of the RRFA or his/her designee.
V. AUDIT
A. Both Parties' records and documents with respect to all matters covered by this Agreement
shall be subject to inspection, review, or audit by the other party or by an appropriate state
agency.
B. The RRFA agrees to cooperate with any monitoring or evaluation activities conducted by
the City that pertain to the subject of this Agreement. The RRFA agrees to allow the City, or
appropriate state agencies and/or any of their employees, agents, or representatives to
have full access to and the right to examine during normal business hours, all of the RRFA's
records with respect to all matters covered by this Agreement. The City and/or any of its
employees, agents, or representatives shall be permitted to audit, examine, and make
excerpts or transcripts from such records and to make audits of all invoices, materials,
payrolls, and record of matters covered by this Agreement. The City will give fifteen (15)
days' advance notice to the RRFA of fiscal audits to be conducted.
C. The results and records of such audits shall be maintained and disclosed in accordance with
chapter 42.56 RCW and RMC 4-1-190.
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 6 of 12
VI. INDEMNIFICATION AND HOLD HARMLESS
A. The RRFA shall, at its own cost and expense, protect, defend, indemnify, and hold harmless
the City, its officers, employees and agents, from any and all costs, claims, judgments or
awards of damages, arising out of or in any way resulting from the acts or omissions of the
RRFA, its officers, employees or agents, relating to the RRFA's implementation of the fire
impact fee program, performance of the responsibilities set forth in Section II of this
Agreement, or compliance with the terms of the Act or RMC 4-1-190, all as may be amended
from time to time. This indemnification by the RRFA of the City shall include, but not be
limited to:
1. The RRFA's responsibility to refund any fees with interest, which are determined by a
court of competent jurisdiction to have been improperly paid, regardless of whether
the City erroneously required the fee amount;
2. The RRFA's agreement not to impose any liability on the City for the City's failure to
collect the proper fee amount or any fee from a developer conducting any development
activity, provided that the City shall make reasonable attempts to collect such fee.
B. The RRFA shall, at its own cost and expense, protect, defend, indemnify, and hold harmless
the City, its officers, employees, and agents, from any and all costs, claims, judgments, or
awards of damages, resulting from a challenge to the legality of any provision of RMC 4-1-
190 as applied to a developer engaging in a development activity located within the RRFA’s
boundaries; provided, however, that if the RRFA offers to defend the City, the RRFA shall
not be liable for any of the City's attorney's fees or incidental litigation expenses incurred
after such offer to defend is made; provided further, that if the RRFA defends the City, the
RRFA shall be authorized to settle any such challenge.
C. The RRFA further agrees that the RRFA shall, at its own costs and expense, protect, defend,
indemnify, and hold harmless the City, its officers, employees, and agents from any and all
costs, claims, judgments, or awards of damages arising out of or in any way resulting from
the RRFA's failure to refund impact fees, or interest on such impact fees including but not
limited to a determination that impact fees from development activity that was not
completed are not refundable because the funds were expended or encumbered by the
RRFA whether or not the RRFA's determination was made in good faith; provided however,
that if the RRFA offers to defend, the RRFA shall not be liable for any of the City's attorney's
fees or incidental litigation expenses incurred after such offer to defend is made; provided
further/that if the RRFA defends the City, the RRFA shall be authorized to settle any such
challenge.
D. The RRFA's duties to the City under this Section shall not be diminished or extinguished by
the prior termination of this Agreement pursuant to Section VII.
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 7 of 12
E. Except as provided in paragraphs A, B and C, the City shall, at its own cost and expense,
protect, defend indemnify and hold harmless the RRFA, its officers, employees, or agents,
from any and all costs, claims, judgments or awards of damages, arising out of or in any way
resulting from the acts or omissions of the City, its officers, employees, or agents, relating
to the City's implementation of the fire impact fee program, performance of the
responsibilities set forth in Section III of this Agreement, or the terms of RMC 4-1-190, all
as may be amended from time to time; provided however, that if the City offers to defend,
the City shall not be liable for any of the RRFA's attorney's fees or incidental litigation
expenses incurred after such offer to defend is made, and provided further that the RRFA
shall promptly refund any fees as required by a final court order including payment of any
pre- or post-judgment interest.
F. The City's duties to the RRFA under this Section shall not be diminished or extinguished by
termination of this Agreement pursuant to Section VII.
G. As anticipated in the 2016 ILA, the RRFA accepts full responsibility for ensuring that the fire
impact fees remitted to the RRFA are lawfully charged; for that reason, unless extent
expressly and directly limited by any of the preceding terms, the RRFA agrees to indemnify,
defend, and hold the City harmless from all claims or actions arising out of the City’s
collection and remittance of fire impact fees.
VII. COMMENCEMENT DATE AND TERMINATION
A. The term of this Agreement shall commence upon the Effective Date.
B. The RRFA's authorization to receive impact fees under this Agreement may be terminated
without cause by the City, in whole or in part, at any time, but only upon the repeal or
invalidation of the fire impact fee-related portions of RMC 4-1-190.
C. Unless otherwise expressly provided in this Agreement, no party may terminate this
Agreement until after all of the following conditions have been satisfied:
1. The City or the RRFA provides at least 180 days’ written notice that this Agreement is
being terminated; and
2. Neither the RRFA, nor the City on behalf of the RRFA, retains unexpended,
unencumbered, or unrefunded impact fees collected during the term of the Agreement
and interest earned thereon, as provided in chapter 82.02 RCW; and
3. The Debt is fully paid off.
D. The obligations under Section VI, Indemnification and Hold Harmless, shall be continuing
and shall not be diminished or extinguished by the termination of this Agreement.
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 8 of 12
E. Nothing herein shall, limit, waive, or extinguish any right or remedy provided by this
Agreement or by law that either party may have in the event that the obligations, terms,
and conditions set forth in this Agreement are breached by the other party.
VIII. SEVERABILITY
In the event any term or condition of this Agreement or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications
of this Agreement which can be given effect without the invalid term, condition or application. To
this end the terms and conditions of this Agreement are declared severable.
IX. RIGHTS TO OTHER PERSONS OR PARTIES
It is understood and agreed that this Agreement is solely for the benefit of the Parties and conveys
no right to any other person or party.
X. GOVERNING LAW AND FILING
This Agreement shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by the laws of the State of Washington. Jurisdiction of any
dispute arising under this Agreement shall be in King County Superior Court, and each party shall
be responsible for its own costs and attorneys' fees. This Agreement shall be filed with the clerk
of the City, the clerk of the RRFA, and may be recorded with the King County Auditor's Office or
posted on the websites of the Parties.
XI. ADMINISTRATION
The City's representative shall be and notices shall be sent to:
Chief Administrative Officer
1055 Grady Avenue South
Renton, WA 98057
425.430.6500
The RRFA's representative shall be and notices shall be sent to:
Fire Chief
24611 116th Ave SE.
Renton, WA 98030
425.430.7000
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 9 of 12
XII. NOTICE
All communications, including notices, regarding this Agreement shall be sent to the Parties’
representatives at the addresses listed in Section XI. Any written notice shall become effecti ve
upon (1) personal service or (2) three (3) business days after the date of mailing by registered or
certified mail and first-class mail, and shall be deemed sufficiently given if sent to the address
stated in this Agreement, or to such other address as may be specified in writing by a party.
XIII. ENTIRE AGREEMENT/WAIVER OF DEFAULT
The Parties agree that this Agreement is the complete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Both Parties recognize
that time is of the essence in the performance of the provisions of this Agreement. Waiver of any
default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any
provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of the Agreement unless stated to be
such through written approval by the Parties, which shall be attached to the original Agreement.
XIV. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
[The remainder of this page is blank; signatures follow below.]
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 10 of 12
IN WITNESS, the Parties below execute this Agreement, which shall become effective on the last
date entered below.
RENTON REGIONAL FIRE AUTHORITY
By: Richard Marshall
Its: Fire Chief
Dated:
STATE OF W ASHINGTON )
) SS
COUNTY OF )
On this day of , 20 , before me personally appeared
RICHARD MARSHALL, to me known to be the Fire Chief of the RENTON REGIONAL FIRE AUTHORITY,
a Washington special purpose district, that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said special purpose
district for the uses and purposes therein mentioned, and on oath stated that he was aut horized
to executed said instrument.
DATED , 20 .
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of W ashington,
residing at
My appointment expires:
APPROVED AS TO FORM:
Brian Snure
Attorney for RRFA
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 11 of 12
CITY OF RENTON
By: Denis Law
Its: Mayor
Dated:
STATE OF W ASHINGTON )
) SS
COUNTY OF )
On this day of , 20 , before me personally appeared
DENIS LAW, to me known to be the Mayor of the CITY OF RENTON, a Washington municipal
corporation, that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation for the uses
and purposes therein mentioned, and on oath stated that he was authorized to executed said
instrument.
DATED , 20 .
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of W ashington,
residing at
My appointment expires:
APPROVED AS TO FORM:
Shane Moloney, City Attorney
AGENDA ITEM # 8. a)
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF FIRE IMPACT FEES
Page 12 of 12
EXHIBIT A:
DEBT AMORTIZATION SCHEDULE
[Attached]
AGENDA ITEM # 8. a)
EXHIBIT A: Amortization Schedule
Loan Amount 7,000,096 Addt'l Principal 0
Less 2008 BH Bond Proceeds (202,011)Pymts/Year 2
Promissory Note Amount 6,798,085 Start Date 03/01/09
Ann Int Rate 3.75%Sched Pymt 250,317
Loan Pd (Yrs)20 Total Int 2,796,650
Pymt No Pymt Date Beginning
Balance
Scheduled
Payment
Addt'l Principal
Amount
Benson Hill
Estimated
Bond Proceeds
(Credit)
Principal Interest Ending Balance
City of Renton
semi-annual
outlay
03/01/09 - 6,798,085
1 09/01/09 6,798,085 250,317 333 (250,650) 122,138 128,512 6,675,946 -
2 03/01/10 6,675,946 250,317 - (126,246) 126,172 124,145 6,549,774 124,071
3 09/01/10 6,549,774 250,317 - (126,246) 126,500 123,818 6,423,275 124,071
4 03/01/11 6,423,275 250,317 - (135,462) 130,871 119,447 6,292,404 114,856
5 09/01/11 6,292,404 250,317 - (135,462) 131,365 118,952 6,161,039 114,856
6 03/01/12 6,161,039 250,317 - (140,527) 135,114 115,203 6,025,924 109,790
7 09/01/12 6,025,924 250,317 - (140,527) 136,403 113,915 5,889,522 109,790
8 03/01/13 5,889,522 250,317 - (145,265) 140,796 109,521 5,748,725 105,052
9 09/01/13 5,748,725 250,317 - (145,265) 141,643 108,675 5,607,083 105,052
10 03/01/14 5,607,083 250,317 - (151,469) 146,049 104,269 5,461,034 98,849
11 09/01/14 5,461,034 250,317 - (151,469) 147,081 103,236 5,313,953 98,849
12 03/01/15 5,313,953 250,317 - (158,163) 151,500 98,818 5,162,453 92,154
13 09/01/15 5,162,453 250,317 - (158,163) 152,726 97,592 5,009,727 92,154
14 03/01/16 5,009,727 250,317 - (164,356) 156,642 93,675 4,853,085 85,961
15 09/01/16 4,853,085 250,317 - (164,356) 158,574 91,743 4,694,511 85,961
16 03/01/17 4,694,511 250,317 - (170,969) 163,019 87,299 4,531,492 79,348
17 09/01/17 4,531,492 250,317 - (170,969) 164,653 85,664 4,366,839 79,348
18 03/01/18 4,366,839 250,317 - (178,830) 169,112 81,205 4,197,727 71,487
19 09/01/18 4,197,727 250,317 - (178,830) 170,963 79,354 4,026,764 71,487
20 03/01/19 4,026,764 250,317 - (186,030) 175,436 74,881 3,851,328 64,288
21 09/01/19 3,851,328 250,317 - (186,030) 177,511 72,806 3,673,816 64,288
22 03/01/20 3,673,816 250,317 - (193,414) 181,622 68,695 3,492,194 56,904
23 09/01/20 3,492,194 250,317 - (193,414) 184,300 66,017 3,307,894 56,904
24 03/01/21 3,307,894 250,317 - (63,648) 188,804 61,513 3,119,090 186,669
25 09/01/21 3,119,090 250,317 - - 191,354 58,964 2,927,736 250,317
26 03/01/22 2,927,736 250,317 - - 195,873 54,444 2,731,862 250,317
27 09/01/22 2,731,862 250,317 - - 198,674 51,643 2,533,189 250,317
28 03/01/23 2,533,189 250,317 - - 203,210 47,107 2,329,978 250,317
29 09/01/23 2,329,978 250,317 - - 206,271 44,046 2,123,707 250,317
30 03/01/24 2,123,707 250,317 - - 210,607 39,710 1,913,100 250,317
31 09/01/24 1,913,100 250,317 - - 214,152 36,165 1,698,948 250,317
32 03/01/25 1,698,948 250,317 - - 218,724 31,593 1,480,224 250,317
33 09/01/25 1,480,224 250,317 - - 222,335 27,982 1,257,889 250,317
34 03/01/26 1,257,889 250,317 - - 226,926 23,392 1,030,964 250,317
Fire District #40, Fire Station 13
Version: October 31, 2017
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EXHIBIT A: Amortization Schedule
Loan Amount 7,000,096 Addt'l Principal 0
Less 2008 BH Bond Proceeds (202,011)Pymts/Year 2
Promissory Note Amount 6,798,085 Start Date 03/01/09
Ann Int Rate 3.75%Sched Pymt 250,317
Loan Pd (Yrs)20 Total Int 2,796,650
Pymt No Pymt Date Beginning
Balance
Scheduled
Payment
Addt'l Principal
Amount
Benson Hill
Estimated
Bond Proceeds
(Credit)
Principal Interest Ending Balance
City of Renton
semi-annual
outlay
Fire District #40, Fire Station 13
35 09/01/26 1,030,964 250,317 - - 230,828 19,489 800,136 250,317
36 03/01/27 800,136 250,317 - - 235,438 14,879 564,698 250,317
37 09/01/27 564,698 250,317 - - 239,642 10,675 325,055 250,317
38 03/01/28 325,055 250,317 - - 244,239 6,078 80,816 250,317
39 09/01/28 80,816 82,344 - - 80,816 1,528 - 82,344
TOTAL 9,594,402 333 (3,815,759) 6,798,085 2,796,650 142,233,901 5,778,976
Version: October 31, 2017
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE
AMENDED 2017/2018 CITY OF RENTON FEE SCHEDULE.
WHEREAS, on November 23, 2009, the Council adopted Ordinance No. 5509, which
removed many fees from the Renton Municipal Code and consolidated them into the 2010 City
of Renton Fee Schedule brochure ("fee brochure"); and
WHEREAS, the fee brochure has been amended several times since 2009; and
WHEREAS, on November 21, 2016, the City Council passed Resolution No. 4300, adopting
an amended fee schedule for 2017 and 2018; and
WHEREAS, on April 17, 2017, the City Council passed Resolution No. 4309, adopting an
amended fee schedule for 2017 and 2018; and
WHEREAS, on July 10, 2017, the City Council passed Resolution No. 4315, adopting an
amended fee schedule as part of the City’s 2017 2nd Quarter Budget Adjustment to the 2017/2018
biennial budget;
WHEREAS, on October 16, 2017, the City Council passed Resolution No. 4318, adopting
an amended fee schedule for 2017 and 2018, which included reduced development fees,
including transportation and parks impact fees, utility system development charges and land use
review and building fees for accessory dwelling units; and
WHEREAS, the City of Renton is required to provide notice, hold a public hearing, and
declare by rule or regulation the reasons why charging actual costs for providing records would
AGENDA ITEM # 8. b)
RESOLUTION NO. _______
2
be unduly burdensome prior to utilizing the Washington State statutory default fees for costs of
copies of records under the Public Records Act RCW 42.56; and
WHEREAS, a legally noticed public hearing was held on October 23, 2017 to consider
adopting the Mid‐Biennium Budget including revisions to the City of Renton Fee Schedule;
WHEREAS, in order to timely incorporate the fees consistent with the Public Records Act,
it is more cost efficient, expeditious, and in the public interest for the City of Renton to adopt the
state legislature’s statutory default fees and costs as authorized in RCW 42.56.120(2)(b), (c), and
(e); and
WHEREAS, it is necessary amend the 2017‐2018 City of Renton Fee Schedule brochure as
a part of the City’s 2017/2018 mid‐biennial budget amendment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council declares by rule that adopting actual costs for providing
records would be unduly burdensome for the following reasons: the City does not have the
resources to devote to conducting a study to determine actual copying costs for all its records;
to conduct such a study would interfere with other essential agency functions; and, through the
state’s legislative process, the public has been informed of and been provided the opportunity to
comment on the authorized fees and costs provided in the Public Records Act.
SECTION II. Therefore, in order to timely incorporate the fees consistent with the
Public Records Act, the City Council declares it is more cost efficient, expeditious, and in the public
interest for the City of Renton to adopt the state legislature’s statutory default fees and costs as
authorized in RCW 42.56.120(2)(b), (c), and (e). In addition to the specific fees set forth in RCW
AGENDA ITEM # 8. b)
RESOLUTION NO. _______
3
42.56.120 and the City’s Fee Schedule brochure, the City may charge its actual out of pocket costs
incurred to hire third parties for printing and/or copying records produced in response to a public
records request.
SECTION III. The amended 2017‐2018 City of Renton Fee Schedule brochure, attached
hereto, is hereby adopted by reference. A copy of the fee brochure is at all times filed with the
City Clerk.
PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2017.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _______________________, 2017.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES:1749:10/30/17:scr
AGENDA ITEM # 8. b)
Rev. November 2017
AGENDA ITEM # 8. b)
Table of Contents Page
SECTION I. MISCELLANEOUS FEES 1
SECTION II. MAPLEWOOD GOLF COURSE 2
SECTION III. CITY CENTER PARKING FEES 3
SECTION IV. AQUATIC FEES 3
SECTION V. CARCO THEATER (REPEALED)4
SECTION VI. PARKS AND FACILITIES USE AND RENTAL 4
SECTION VII. COMMUNITY CENTER PASS CARD & FEES 5
SECTION VIII. AIRPORT CHARGES 5
SECTION IX. ANIMAL LICENSES FEES* ‐ RMC 5‐4‐25
SECTION X. BUSINESS LICENSES 5
SECTION XI. ADULT ENTERTAINMENT LICENSES 6
SECTION XII. DEVELOPMENT FEES 6
Building Fees:6
Land Use Review Fees 8
Public Works Fees:9
Technology Surcharge Fee 13
Impact Fees 13
SECTION XIII. FIRE DEPARMENT COMMUNITY RISK REDUCTION FIRE MARSHALL FEES (RFA) 14
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION I. MISCELLANEOUS FEES 2016 2017 2018
1. Maps:
a. Zoning maps ‐ standard 11 x 17 $4 $4 $4
b. Zoning maps ‐ large 24 x 36 $12 $12 $12
c. Comprehensive Plan map ‐ standard 11 x 17 $4 $4 $4
d. Comprehensive Plan map ‐ large 24 x 36 $12 $12 $12
e. Precinct maps $5 $5 $5
2. Plat:
a. First page $2 $2 $2
b. Each additional page $1 $1 $1
3. Photocopies:
a. Each 8.5" x 11" or 8.5" x 14"$0.15 $0.15 $0.15
b. Each 11" x 17"$0.20 $0.20 $0.20
c. Each 8.5" x 11" or 8.5" x 14" color $0.25 $0.25 $0.25
4. Budget:
a. City's Budget $10 $10 $10
b. City's Budget to other municipality or quasi‐municipal N/C N/C N/C
corporation or other nonprofit charitable or education
organization
5. Audio or Video Recording Copies:
a.Audio recording, each copy $2 $2 $2
b.Video recording, each copy $2 $2 $2
6. Regulations and Plans:
a.Comprehensive Plan and Map $30 $30 $30
b.Title IV, Development Regulations:
(i) Text and Zoning Map $110 $110 $110
(ii) Text only $100 $100 $100
c.Individual Chapters of Development Regulations $10 $10 $10
d. Renton Municipal Code (two volumes)$400 $400 $400
e.Code Supplements, per year:
(i) Titles I ‐ III and VI ‐ X $70 $70 $70
(ii) Title IV $70 $70 $70
7. Miscellaneous Services:
a.Certification and Notary Fees ‐ Clerk's Certification $10 $10 $10
b.Notary Public Attestation or Acknowledgement or as $6 $10 $10
otherwise provided for in RCW 42.28.090, per signature
c.Hold Harmless Agreements and other similar documents $20 $20 $20
not otherwise provided for
d.Lamination of licenses, pictures $6 $6 $6
e.Community Development Block Grants (CDBG) Loan Program:
(i) Application Fee $200 $200 $200
(ii) Loan Origination Fee $150 or 0.25% of
loan amount,
whichever is
greater
$150 or 0.25% of
loan amount,
whichever is
greater
$150 or 0.25% of
loan amount,
whichever is
greater
(iii)Closing Costs (including any legal fees)50% of total actual
costs
50% of total actual
costs
50% of total actual
costs
8. Miscellaneous Charges for Police Services:
a.Police Reports per page $0.15 $0.15 $0.15
b.Record Checks (Written Response) $5 $5 $5
c.Photographs ‐ Digital on CD $2 $2 $2
d.Photographs ‐ black & white or color ‐ Cost Cost Cost
Cost of developing film
e.Fingerprint Cards $5 $5 $5
(i) Each additional card $1 $1 $1
9. Charges for Fire Documents:
a.Fire reports per page $0.15 $0.15 $0.15
b.Fire investigative report on CD $2 $2 $2
c.First copy ‐ black & white or color ‐ Cost of developing film Cost Cost Cost
d.Additional copy ‐ black & white or color ‐ Cost of developing film Cost Cost Cost
10. Computer Listings:
a.City of Renton new business list $10 $10 $10
b.List of all business licenses $20 $20 $20
c.Copies requested to be faxed, local number $3 $3 $3
d.Copies requested to be faxed, long distance number
(i) One (1) ‐ five (5) pages $10 $10 $10
(ii) Six (6) or more pages (ten (10) page limit)$20 $20 $20
11. Utility Fee:
a.Special Request Water Meter Reading $30 $30 $30
b.Utility New Account Setup $25 $25 $25
c.Utility Billing Account Transfer (tenant billing form)$5 $5 $5
d.Water utility outstanding balance search requested by $25 $25 $25
fax, messenger, or letter
2017/2018 Fee Schedule 1
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION I. MISCELLANEOUS FEES (CONTINUED)2016 2017 2018
12. Schedule of Fines for False Alarms ‐ Security/Burglar:
a.First, second, and third false alarms in a N/C N/C N/C
registration year*
b.Fourth and fifth false alarms in a registration year*$50 $50 $50
c.Sixth false alarm and successive false alarms in a $100 $100 $100
registration year*
d.Late Registration Penalty $50 $50 $50
e.Late False Alarm Payment Penalty $25 $25 $25
f.Appeal Hearing Cancellation Fee $10 $10 $10
*A registration year shall mean January 1 thru December 31 each year.
13.NSF Check Fees $25 $25 $25
14. Veteran Park Tile: Three lines $75 $75 $75
15. Electronic Records
a.Photocopies or printed copies of electornic records, per page $0 $0 $0.15
b.Scanning paper records, per page $0 $0 $0.10
c.Electronic files or attachments uploaded for electronic delivery (email, cloud‐based data storage service, or $0 $0 $0.05
other means of electronic delivery), for each four (4) files
d.Transmission of records in an electronic format or for the use of agency equipment to send the records $0 $0 $0.10
electronically, per gigabyte (GB)
*The charges identified in RCW 42.56.120(3)(b) (and referenced above) may be combined to the extent that more than one type of charge applies to copies produced in
response to a particular request. The actual cost of any digital storage media or device provided by the agency. Alternatively, the City may charge a flat fee of up to $2.00
for the entire request as long as the cost of uploading and transmitting the electronic records is reasonably estimated to equal or exceed that amount. Only one $2.00 flat
fee per request is authorized for electronic records produced in installments. When records are provided electronically on a CD, DVD, thumb drive, flash drive, or other
electronic device, the requestor will be charged for the cost of the electronic storage device. The City may charge an actual‐cost service charge for requests that require
use of IT expertise to prepare data compilations or provide customized electronic access services when not used by the City for other purposes. A cost estimate and
explanation will be provided to the requestor before incurring the costs.
Option to waive charges. The City may waive charges associated with fulfilling a request. The decision will be based on various factors, including the volume and format
of the responsive documents. The decision to assess fees for fulfilling a public records request shall be made on a consistent and equitable basis, dependent primarily
upon the amount of staff time required for copying, scanning, shipping, uploading, and/or transmitting the records associated with fulfilling a request.
Certified copies. If the requestor is seeking a certified copy of a City record, an additional charge of $1.00 per each complete document may be applied to cover the
additional expense and time required for certification.
SECTION II. MAPLEWOOD GOLF COURSE 2016 2017 2018
1.
a.Weekday:
(i) 18 Hole $34 $35 $35
(ii) 9 Hole $25 $27 $27
(iii) 18 Hole, Senior $25 $27 $27
(iv) 9 Hole, Senior $17 $19 $19
(v) 18 Hole, Junior $18 $18 $18
(vi) 9 Hole, Junior $14 $14 $14
b.Weekend:
(i) 18 Hole $40 $42 $42
(ii) 9 Hole $25 $27 $27
2. Club Rental $15 $15 $18 $15 $18
3. Golf Cart Fees:
a.18 Hole $28 $28 $30 $28 $30
b.18 Hole Single Rider $20 $20 $22 $20 $22
b. c.9 Hole $17 $17 $18 $17 $18
c. d.9 Hole Single Rider $10 $10 $11 $10 $11
e.Trail Fee $8 $8 $10 $8 $10
4. Driving Range Fees:
a.Large Bucket $8 $8 $8
b.Small Bucket $5 $5 $5
c.Warm‐up Bucket $3 $3 $3
5. Lesson Fees:
a.1/2 Hour Private $45 $45 $45
b.1 Hour Private $65 $65 $65
c.1/2 Hour Series Private $160 $160 $160
d.1 Hour Series Private $240 $240 $240
e.Group Series $100 $100 $100
f.1/2 Hour Private, Junior $25 $25 $25
g.Playing Lesson(3‐hole minimum/9‐hole maximum) per hole $15 $15 $15
Note: Should total of Section I fees due is less than $4.00 and not other fee is due to the city at the same time, the department administrator may authorize to waive the entire
amount due at their discretion.
Green Fees:
For purposes of this section, "weekend" shall mean Friday, Saturday, and Sunday. "Weekday" shall mean the remaining four days of the week. "Junior" shall mean ages 17 and
under, "Senior" shall mean ages 62 and over.
Off‐season and promotional rates determined by management; posted on website.
2017/2018 Fee Schedule 2
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION III. CITY CENTER PARKING FEES 2016 2017 2018
1. City Center Parking Garage Fees
Parking rates for retail parking will be as follows:
a.Zero (0) ‐ two (2) hours N/C N/C N/C
b.Two (2) ‐ four (4) hours $2 $2 $2
c.Four (4) ‐ six (6) hours $4 $4 $4
d.Six (6) ‐ (10) hours $6 $6 $6
e. 10 hours or more $10 $10 $10
f.Monthly pass‐holders, tax included $35 $35 $35
SECTION IV. AQUATIC FEES 2016 2017 2018
1. Admission for the Aquatic Center shall be as follows:
a.Regular Session:
(i) Resident infants ‐ under 1 year N/C N/C N/C
(ii) Non‐resident infants ‐ under 1 year N/C N/C N/C
(iii) Resident youth ‐ 1 to 4 years $4 $4.50 $4.50
(iv) Non‐resident youth ‐ 1 to 4 years $8 $8.50 $8.50
(v) Resident ages 5 and up $8 $8.50 $8.50
(vi) Non‐resident ages 5 and up $14 $15 $15
(vii) Resident lap swim ‐ water walking only $3 $3 $3
(viii) Non‐resident lap swim ‐ water walking only $4.50 $4.50 $4.50
b.Season Pass:
(i) Resident infants ‐ under 1 year N/C N/C N/C
(ii) Non‐resident infants ‐ under 1 year N/C N/C N/C
(iii) Resident ages 1 and up $60 $60 $60
(iv) Non‐resident ages 1 and up $120 $120 $120
c.Miscellaneous Rates:
(i) Resident regular session per person rate (group rates)*$10 $10 $10
(ii) Non‐resident regular session per person rate $16 $16 $16
(iii) Locker Rental $0.25 $0.25 $0.25
d.Canopy Rental Fees*: (includes canopy and admission for one leisure swim session):
(i)Henry Moses Party Tent #1
(10' x 20' for up to twenty‐five (25) guests):
(1) Resident Rate, per session $300 $310 $310
(2) Non‐resident Rate, per session $450 $475 $475
(ii) Henry Moses Party Tent #2
(10' x 10' for up to fifteen (15) guests):
(1) Resident Rate $200 $200 $200
(2) Non‐Resident Rate $290 $300 $300
*Sales tax not included in the rental fee
e.Resident Rate all inclusive $1,500 $1,800 $1,800
f.Non‐resident Rate all inclusive $1,500 $2,300 $2,300
g.Swim Lesson Program: Fees and associated descriptions are published in the "What's Happening " Renton Activities Guide
(i)Resident swim lesson per lesson $7 $7.50 $7.50
(ii)Non‐resident swim lesson per lesson $9 $9.50 $9.50
h.End‐of‐year School Party Rentals:
(i) Renton School District
(1) 001 ‐ 299 students $1,900 $1,900 $1,900
(2) 300 ‐ 399 students $2,250 $2,250 $2,250
(3) 400 ‐ 499 students $2,400 $2,400 $2,400
(4) 500 ‐ 599 students $2,550 $2,550 $2,550
(ii) Other Schools and Districts
(1) 001 ‐ 299 students $2,450 $2,450 $2,450
(2) 300 ‐ 399 students $2,850 $2,850 $2,850
(3) 400 ‐ 499 students $3,150 $3,150 $3,150
(4) 500 ‐ 599 students $3,360 $3,360 $3,360
2. Boat Launch Rates:
a.Daily resident ‐ 7 days a week $10 $10 $10
b.Daily Non‐resident ‐ 7 days a week $20 $20 $20
c.Overnight resident ‐ 7 days a week $20 $20 $20
d.Overnight Non‐resident ‐ 7 days a week $40 $40 $40
e.Annual parking permit ‐ resident $60 $60 $60
f.Annual parking permit ‐ non‐resident $120 $120 $120
g.Additional sticker (launching permit)$5 $5 $5
h.$50 $50 $50
*Group Rates: Group rates offer guaranteed admission for the group. In order to qualify for a group rate, the group must consist of ten (10) or more persons, and the session must be
scheduled in advance. Please note that the number of groups may be limited each day. Staff has the authority to offer discounted daily rates for partial sessions or Renton‐only events.
Fishing Tournaments at Coulon Beach (additional rental fee if using the Pavilion area for weigh in and or electricity at
the current rental rate) per event
2017/2018 Fee Schedule 3
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION V. CARCO THEATER (REPEALED)2016 2017 2018
SECTION VI. PARKS AND FACILITIES USE AND RENTAL 2016 2017 2018
1. Outlying Picnic Shelters (Cedar River Trail, Liberty Park, Phillip Arnold Park, Teasdale Park and Heritage Park) Maximum of 75 50 people:
a.Resident 8:30am‐1:30pm/3:30pm‐8:30pm $90 $90 $90
b.Non‐resident 8:30am‐1:30pm/3:30pm‐8:30pm $180 $180 $180
c.Full day resident 8:30am‐sunset $140 $140 $140
d.Full day non‐resident 8:30am‐sunset $280 $280 $280
2. Gene Coulon Beach Park Shelters (South #1, South #2 and Creekside) Maximum of 75 people:
a.Resident 8:30am‐1:30pm/3:30pm‐8:30pm $100 $100 $100
b.Non‐resident 8:30am‐1:30pm/3:30pm‐8:30pm $180 $180 $180
c.Full day resident 8:30am‐sunset $140 $140 $140
d.Full day non‐resident 8:30am‐sunset $260 $280 $260 $280 $260 $280
e.South Shelters 1 & 2 Resident rate $300 $300 $300
f.South Shelters 1 & 2 Non‐resident rate $600 $600 $600
3. Gene Coulon Beach Park Shelters (North Shelter):
a.Resident 8:30am‐1:30pm/3:30pm‐8:30pm $120 $120 $120
b.Non‐resident 8:30am‐1:30pm/3:30pm‐8:30pm $240 $240 $240
c.Full day resident 8:30am‐sunset under 75 people $160 $160 $160
d.Full day resident 8:30am‐sunset 76 ‐ 100 people $190 $190 $190
e.Full day non‐resident 8:30am‐sunset under 75 people $320 $320 $320
f.Full day non‐resident 8:30am‐sunset 76 ‐ 100 people $380 $380 $380
4. Tennis, Basketball and Sand Volleyball court rate per hour (Tournament Play Only):
a.Tennis court $10 $10 $10
b.Park basketball court $10 $10 $10
c.Sand volleyball court $10 $10 $10
5. Catering and Event Rate (All city parks apply):
a.Resident half day $200 $200 $200
b.Resident full day $350 $350 $350
c.Non‐resident half day $400 $400 $400
d.Non‐resident full day $700 $700 $700
6.
a.Each $50 $50 $50
7.
a.Resident rate per hour $10 $10 $10
b.Non‐resident rate per hour $25 $25 $25
8. Photo Shoots per hour:$40 $40 $40
a.Commercial Film and Photo Shoots per hour $300 $300 $300
9. Athletic Field Rental, Lights and Prep Fees:
a.Sports field rental per hour ‐ resident $25 $25 $25
b.Sports field rental per hour ‐ non‐resident $30 $30 $30
c.Renton Area Youth Sports Agencies, per hour $6 $6 $6
d.Field prep for softball/baseball ‐ resident per occurrence $30 $30 $30
e.Field prep for soccer ‐ resident per occurrence $45 $45 $45
f.Custom Field prep other ‐ resident per occurrence Varies $100 Varies $100 Varies $100
g.Field prep for softball/baseball ‐ non‐resident per occurrence $35 $35 $35
h.Field prep for soccer ‐ non‐resident per occurrence $50 $50 $50
i.Custom Field prep other ‐ non‐resident per occurrence Varies $100 Varies $100 Varies $100
j.Field lights all sports ‐ resident per hour $25 $25 $25
k.Field lights all sports ‐ non‐resident per hour $30 $30 $30
10. Banquet & Classroom Rental ‐ Community Center & Senior Activity Center:
a.Friday evening 5 hour minimum ‐ resident $650 $650 $650
b.Weekend Rates 10 hour minimum ‐ resident $1,300 $1,300 $1,300
c.Extra hours ‐ per hour ‐ resident $130 $130 $130
d.Friday 5 hour minimum ‐ non‐resident $750 $750 $750
e.Weekend Rates 10 hour minimum ‐ non‐resident $1,500 $1,500 $1,500
f.Extra hours ‐ per hour ‐ non‐resident $150 $150 $150
g.Kitchen charge ‐ per hour $100 $100 $100
h.Banquet Room ‐ Mon ‐ Thurs Fri ‐ daytime ‐ resident/hr 3 hour min $85 $85 $85
i.Banquet Room ‐ Mon ‐ Thurs Fri ‐ daytime ‐ non‐resident/hr 3 hour min $90 $90 $90
j.Damage deposit ‐ senior center/community center ‐ resident and non‐resident $550 $550 $550
k.Contract violation fee ‐ per hour $200 $200 $200
l.Cancellation Fee ‐ Less than 90 days $550 $550 $550
11. Classroom and Gymnasium Rental ‐ Renton Community Center:
a.Resident single gym athletic ‐ per hour $45 $45 $45
b.Non‐resident single gym athletic ‐ per hour $50 $50 $50
c.Resident double gym athletic ‐ per hour $90 $90 $90
d.Non‐resident double gym athletic ‐ per hour $100 $100 $100
e.Resident single gym non‐athletic $550 $550 $550
f.Non‐resident single gym non‐athletic $675 $675 $675
g.Resident double gym non‐athletic $1,100 $1,100 $1,100
h.Non‐resident double gym non‐athletic $1,350 $1,350 $1,350
i.Carpet fee single gym ‐ resident & non‐resident $175 $175 $175
j.Carpet fee double gym ‐ resident & non‐resident $350 $350 $350
k.Classroom resident $35 $35 $35
l.Classroom Non‐resident $40 $40 $40
Inflatable and big toy rate, each.
Note: Along with rental fee for the use of City facility for each inflatable or big toy, Applicant or Renter shall provide proof of insurance naming the City of Renton as additional insured.
Open Space Area in the Parks (Cascade, Teasdale, Phillip Arnold, Cedar River, Earlington, Gene Coulon, Glencoe, Kennydale Lions, Sunset, and Riverview Parks):
2017/2018 Fee Schedule 4
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION VI. PARKS AND FACILITIES USE AND RENTAL (CONTINUED)2016 2017 2018
12. Birthday Party Packages:
a.Bounce package ‐ resident $75 $75 $75
b. a.Sports package ‐ resident $65 $65 $65
c.Bounce package ‐ non‐resident $85 $85 $85
d. b.Sports package ‐ non‐resident $75 $75 $75
13. Facility Rental ‐ Neighborhood Center:
a.Meeting room ‐ resident $35 $35 $35
b.Gymnasium ‐ resident $35 $35 $35
c.Meeting room ‐ non‐resident $40 $40 $40
d.Gymnasium ‐ non‐resident $40 $40 $40
SECTION VII. COMMUNITY CENTER PASS CARD & FEES 2016 2017 2018
Fees and associated descriptions are published in the "What's Happening " Renton Activities Guide
1.One Month Fitness Pass:
a.Resident $20 $20 $20
b.Non‐resident $24 $24 $24
2.Yearly Pass:
a.Resident $200 $200 $200
b.Non‐resident $240 $240 $240
3.Racquetball Pass:
a.Resident $55 $55 $55
b.Non‐resident $55 $55 $55
4.Community Center Drop In Fees:
a.Resident adult/senior/student aerobics $6 $6 $6
b.Non‐resident aerobics $6 $6 $6
c.Resident basketball $3 $3 $3
d.Non‐resident basketball $3 $3 $3
e.Senior/student basketball $2 $2 $2
f.Resident volleyball $3 $3 $3
g.Non‐resident volleyball $3 $3 $3
h.Senior/student volleyball $2 $2 $2
SECTION VII. COMMUNITY CENTER PASS CARD & FEES (continued)2016 2017 2018
4.Community Center Drop In Fees: (continued)
i.Resident fitness $3 $3 $3
j.Non‐resident fitness $3 $3 $3
k.Senior/student fitness $2 $2 $2
l.Resident/senior/student shower pass $20 $20 $20
m.Non‐resident shower pass $20 $20 $20
n.Resident racquetball per hour $7 $7 $7
o.Non‐resident racquetball per hour $7 $7 $7
p.Senior/student racquetball per hour $7 $7 $7
q.Resident wallyball per hour $10.85 $10.85 $10.85
r.Non‐resident wallyball per hour $13 $13 $13
s.Senior/student wallyball per hour $9.75 $9.75 $9.75
SECTION VIII. AIRPORT CHARGES 2016 2017 2018
1.Airport Fuel Flow Charge: per gallon $0.06 $0.08 $0.08
2.JetA Fuel Flow Charge: per gallon $0 $0.10 $0.10
3.Transient airplane parking daily $4 $8 $8
4.Hangar wait list, one time fee $100 $100 $100
5.Tie‐down wait list, one time fee $25 $25 $25
6.Lost gate card fee per occurrence $50 $50 $50
7.T‐Hangar, Non‐Refundable Move‐in Fee $250 $250 $250
8.Penalty for violation of Minimum Standards/Airport Rules & Regulations (each occurrence)$0 $500 $500
9.Penalty for Movement Area Incursions (each occurrence), assessed to sponsor/tenant $0 $500 $500
SECTION IX. ANIMAL LICENSES FEES* ‐ RMC 5‐4‐2 2016 2017 2018
1.Altered Animal Annual License $0 $30 $30
2.Unaltered Animal Annual License $0 $50 $50
3.Economically Qualified Resident Special Lifetime License $0 $0 $0
4.Duplicate Tag $10 $10 $10
5.Late Charge $30 $30 $30
*Please note, impounded animals are subject to license fees, microchipping costs, and other out‐of‐pocket costs as specified in RMC 6‐6‐2.
SECTION X. BUSINESS LICENSES 2016 2017 2018
1. General Business License (Base fee + Per hour fee = Total fee):
a.Registration Fee $110 $150 $150
b.Per hour fee, for each worker hour *$0.0352 $0.0352 $0.0352
c.Appeal of Business License Decision $0 $250 $250
2. Short Term Employment within the City:
a.A temporary ninety (90) day license maybe purchased for each FTE on a temporary job*$50 $50 $50
*Not to exceed 270 consecutive days
* Per hour rate shall be adjusted every other year by Seattle‐Tacoma‐Bremerton, All Items, Urban Wage Earners and Clerical Workers (also known as CPI‐W) ending August 31,
for the same two year period.
2017/2018 Fee Schedule 5
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION X. BUSINESS LICENSES (CONTINUED)2016 2017 2018
3. Penalties:
a.The penalty to reinstate an expired business license $50 $50 $50
b.The penalty for failure to obtain a business license*
$250 +20%
APR on outstanding
Fees
$250 +20%
APR on outstanding
Fees
$250 +20%
APR on outstanding
Fees
c.
SECTION XI. ADULT ENTERTAINMENT LICENSES 2016 2017 2018
1. Every person applying for a adult entertainment license shall pay the applicable nonrefundable application fee:
a.Adult Entertainment Business License $750 $750 $750
b.Entertainer $75 $75 $75
c.Manager $75 $75 $75
d.License Replacement $10 $10 $10
2. Penalties:
a.Civil Penalty, per violation $1,000 $1,000 $1,000
SECTION XII. DEVELOPMENT FEES 2016 2017 2018
1. Building Fees:
a.Building Permit Fees: Building Permit Fees are payable prior to the issuance of a building permit 1
(i) Base Fee/Valuation $1.00 to $500.00 $28 $28 $28
(ii) Valuation $501.00 to $2,000.00
$28 + $3.65 x each
$100 value
$28 + $3.65 x each
$100 value
$28 + $3.65 x each
$100 value
(iii) Valuation $2001.00 to 25,000.00
$82.75 + $16.75 x
each $1,000 value
$82.75 + $16.75 x
each $1,000 value
$82.75 + $16.75 x
each $1,000 value
(iv)Valuation $25,001.00 to $50,000.00
$468 + $12 x each
$1,000 value
$468 + $12 x each
$1,000 value
$468 + $12 x each
$1,000 value
(v) Valuation $50,001.00 to $100,000.00
$768 + $8.35 x each
$1,000 value
$768 + $8.35 x each
$1,000 value
$768 + $8.35 x each
$1,000 value
(vi) Valuation $100,001.00 to $500,000.00
$1,185.50 + $6.70 x
each $1,000 value
$1,185.50 + $6.70 x
each $1,000 value
$1,185.50 + $6.70 x
each $1,000 value
(vii)Valuation $500,001.00 to $1,000,000.00
$3,865.50 + $5.65 x
each $1,000 value
$3,865.50 + $5.65 x
each $1,000 value
$3,865.50 + $5.65 x
each $1,000 value
(viii) Valuation $1,000,001.00 and up
$6,690.50 + $4.35 x
each $1,000 value
$6,690.50 + $4.35 x
each $1,000 value
$6,690.50 + $4.35 x
each $1,000 value
b.Combination Building Permit Fees:*1
(i) Plumbing up to 3,000 sq ft $150 $200 $200
(ii) Plumbing over 3,000 sq ft $175 $225 $225
(iii) Mechanical up to 3,000 sq ft $150 $200 $200
(iv) Mechanical over 3,000 sq ft $175 $225 $225
(v) Electrical up to 3,000 sq ft $75 $125 $125
(vi) Electrical over 3,000 sq ft $100 $150 $150
c.Building Plan Check Fee:1
(i) Initial Building Plan Check Fee*$0 65% of permit fee 65% of permit fee
(ii) Additional Building Plan Check Fee $0 50% of initial plan
Check Fee
50% of initial plan
Check Fee
d.Demolition Permit Fee:
(i) Residential $115 $118.50 $118.50
(ii) Commercial $250 $257.50 $257.50
e.State Building Code Fee:
(i) All projects:$4.50 $4.50 $4.50
(ii) Multi‐family projects:$4.50 $4.50 $4.50
(1) Each additional card:$2 $2 $2
f.Electrical Permit Fees:
(i) Residential Fees ‐ Single ‐Family and Duplex
(1) New Service ‐ Single Family and Duplex1
(a) Up to 200 AMP $70 $206 $206
(b) Over 200 AMP $80 $206 $206
(2) Service Changes/New Circuits ‐ Single Family and Duplex:
(a) Change up to 200 AMP $60 $150 $150
(b) Change over 200 AMP $75 $150 $150
(c) Any new circuits added to above price is per each up to a maximum of $80.00 $15 $20 $20
(d) Minimum fee for remodel/addition of new circuits without a service charge $60 $150 $150
* Payment of all license fee amounts still owing for the last three (3) years, plus a penalty of (20%) per annum for all amounts owing, plus any accounting, legal or administrative
expenses incurred by the City in determining the nonreporting, or the unpaid portion over the last (3) years or in collecting the tax and/or penalty.
* Combination Building Permit fees are required for each new single family residential structure, and are payable prior to the issuance of a building permit
* Building Plan Check Fee is in addition to the building permit fees and combination building permit fees. The plan check fee is equal to 65% of the building permit fee or the
combination building permit fee, payable at the time of building permit application submittal. Includes three (3) review cycles.
Failure to pay the license fee within one day after the day on which it is due and payable pursuant to subsection C7 of
Chapter 5 of the RMC shall render the business enterprise subject to a penalty of (5%) of the amount of the license fee
for the first month of the delinquency and an additional penalty of (5%) for each succeeding month of delinquency, but
not exceeding a total penalty of (25%) of the amount of such license fee.
5%‐25%5%‐25%5%‐25%
2017/2018 Fee Schedule 6
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2016 2017 2018
1. Building Fees: (continued)
f.Electrical Permit Fees: (continued)
(ii) Multi‐Family, Commercial and Industrial Fees:
(1) Value of work:
$1.00 to $500.00 $60 $63 $63
$500.01 to $1,000.00 $45 + 3.3% of
value
$47 + 3.5% of
value
$47 + 3.5% of
value
$1,000.01 to 5,000.00 $78 + 2.9% of
value
$82 + 3.05% of
value
$82 + 3.05% of
value
$5,000.01 to $50,000.00 $223 + 1.7% of
value
$234 + 1.8% of
value
$234 + 1.8% of
value
$50,000.01 to $250,000.00 $1,073 + 1.0% of
value
$1,127 + 1.05% of
value
$1,127 + 1.05% of
value
$250,000.01 to $1,000,000.00 $3,573 + 0.8% of
value
$3,752 + 0.85% of
value
$3,752 + 0.85% of
value
$1,000,000.01 and up $11,573 + 0.45% of
value
$12,152 + 0.47% of
value
$12,152 + 0.47% of
value
(iii)Temporary Electrical Services $60 $150 $150
(iv) Miscellaneous Electrical Fees
(1)Job Trailers $60 $150 $150
(2) Signs per each $60 $150 $150
(3) Mobile Homes $60 $150 $150
(4)50% of commercial
fees Minimum
$60.00
50% of commercial
fees Minimum
$150.00
50% of commercial
fees Minimum
$150.00
g.House Moving* ‐ minimum per hour Inspection Fee:$100 $150 $150
h.Inspection Fee For Condominium Conversions
$100 on 1st unit /
$15 each add'l unit
$150 on 1st unit /
$20 each add'l unit
$150 on 1st unit /
$20 each add'l unit
i.Manufactured/Mobile Home Installation Fees*:
(i)Within a manufactured home park $100 $150 $150
(ii) Outside of a manufactured home park Building Permit
Fees
Building Permit
Fees
Building Permit
Fees
j.Mechanical Permit Fees:1
(i) Basic permit fee plus itemized fees below:$45 $49.50 $49.50
(1)$17 $18.75 $18.75
(2) Boiler or Compressor:
(a) Single & Multi Family $17 $18.75 $18.75
(b) Commercial $60 $66 $66
(3) Commercial Refrigeration system $60 $66 $66
(4) Residential ventilation/exhaust fan $8 $8.75 $8.75
(5)$17 $18.75 $18.75
(6)$50 $55 $55
(7) Incinerator: Installation or relocation of each $75 $82.50 $82.50
(8)$17 $18.75 $18.75
(9) Fuel Gas Piping:
(a) Each gas‐piping system of 1 to 4 outlets $12 $13.25 $13.25
(b) Each additional outlet over 4, per outlet $2.50 $2.75 $2.75
k.Plumbing Permit Fees:1
(i) Base fee for all types of work; plus itemized fees below:$45 $49.50 $49.50
(1)
(2) For meter to house water service $8 $8.75 $8.75
(3) Fuel Gas Piping:
(a) Each gas‐piping system of 1 to 4 outlets $12 $13.25 $13.25
(b) Each additional outlet over 4, per outlet $2.50 $2.75 $2.75
(4) Per drain for rainwater systems $8 $8.75 $8.75
(5) Per lawn sprinkler system, includes backflow prevention $8 $8.75 $8.75
(6) Per fixture for repair or alteration of drainage or vent piping $8 $8.75 $8.75
(7) Per vacuum breaker or backflow protection device on tanks, vats, etc.$8 $8.75 $8.75
(8) Per interceptor for industrial waste pretreatment $8 $8.75 $8.75
(9) Medical Gas Piping:
(a) Each gas‐piping system of 1 to 5 outlets $60 $66.00 $66.00
(b) Each additional outlet over 5, per outlet $5 $5.50 $5.50
* Includes plan review and inspection fees for the foundation (electrical, plumbing, mechanical, sewer and water connection fees are in addition to the below amounts).
Heating system (furnace, heat pump, suspended heater, fireplace, wood stove, etc.). A/C system (air
conditioner, chiller or Air Handling Unit (VAV) including ducts and vents)
Commercial ventilation/exhaust system not a portion of any heating or air conditioning system
authorized by a permit.
Commercial Hood: Installation of each served by a mechanical exhaust, including the ducts for such
hood each
Appliance or piece of equipment regulated by this code but not classed in other appliance categories, or
for which no other fee is listed in this code
Per plumbing fixture (e.g., sink, shower, toilet, dishwasher, tub, etc.) or set of fixtures on one trap $8 $8.75 $8.75
*This covers only the Building Section inspection of the structure prior to move. There is a separate additional fee charged by the Public Works Department to cover the actual
house move permit. A building permit is also required in order to site the structure on the new site.
Low Voltage Work (e.g., alarm systems; thermostats; computer, data, or phone lines; fiber optics, cable
television, etc.)
Exemption: Residential telephone communication systems, thermostats, security systems, and cable television installations are exempt from fees
2017/2018 Fee Schedule 7
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2016 2017 2018
1. Building Fees: (continued)
l.Sign Permit Fees:
(i) Permanent Signs:
(1) Roof, projecting, awning, canopy, marquee, and wall signs $125 $250 $250
(2) Freestanding ground and pole signs $175 $250 $250
(ii) Temporary and Portable Signs:
(1) Real Estate Directional Signs, pursuant to RMC 4‐4‐100J2, permit valid for a 12‐months period $50 $75 $75
(2) Grand Opening Event Signs, pursuant to RMC 4‐4‐100J6d(i) $50 $75 $75
(3) Event Signs, pursuant to RMC 4‐4‐100J6d(ii) and (iii) per sign, per promotion $25 $50 $50
(4)$100 $125 $125
(ii) Temporary and Portable Signs: (continued)
(5) Commercial Property Real Estate Banner each sign permit is valid for 12 months.$50 $75 $75
(6) Decorative Flags fee is per entrance and valid until flag(s) are removed $50 $75 $75
(iii) Request for Administrative Modifications of City Center Sign Regulations per RMC 4‐4‐100H9:$100 $150 $150
(iv)All above fees
doubled
All above fees
doubled
All above fees
doubled
m.Miscellaneous Fees:
(i) Minimum Housing Inspection:
(1) Assessed under the provisions of Section 305.8 of the International Building Code.$75 $100 $100
(2) WABO ‐ Adult Family Home; Misc building inspection $100 $100 $100
(ii) Plan Review Fees for Electrical, Plumbing, or Mechanical Permits* 40% of permit fee 40% of permit fee 40% of permit fee
(iii) Reinspection Fee $75/hr $100 $100
(iv) Safe and Healthy Housing Program:
(1) Registration Fee
(a) 1 ‐ 4 dwelling unit(s), each, per year N/A $12 $12
(b) 5 ‐ 24 dwelling units, each, per year N/A $10 $10
(c) 25 or more dwelling units, each, per year N/A $8 $8
(d) Communal residence, each, per year N/A $20 $20
(2) City Inspection
(a) Initial inspection N/A $50 $50
(b) First (1st) reinspection N/A $90 $90
(c) Second (2nd) reinspection N/A $125 $125
(d) Third (3rd) reinspection N/A $200 $200
(3) Contractor Inspection; admin fee to City N/A $40 $40
(4) Appeal of Inspection N/A $250 $250
2. Land Use Review Fees
a.General Land Use Review
(i) Additional Animals Permit $50 $50 $50
(ii) Address Change N/A $100 $100
(iii) Annexation:
(1) Less than 10 acres N/C $5,000 $5,000
(2) 10 acres or more N/C $2,500 $2,500
(iv) Appeal (or reconsideration) of:
(1) Hearing Examiner's Decision $250 $500 $500
(2) Administrative Decision $250 $500 $500
(3) Environmental Decision $250 $500 $500
(v) Binding Site Plan (total fee for both preliminary and final phases)$2,500 $5,000 $5,000
(vi) Code Text Amendment N/C N/C N/C
(vii) Comprehensive Plan Map or Text Amendment (each)$2,500 $5,000 $5,000
(viii) Conditional Use Permit
(1) HEX $2,500 $3,000 $3,000
(2) Administrative
3 $1,000 $1,500 $1,500
(ix) Critical Areas Exemption N/C N/C N/C
(x) Critical Areas Permit N/A $1,200 $1,200
(xi)100% of 100% of 100% of
contract cost contract cost contract cost
(xii) Development Agreement N/A $10,000 $10,000
(xiii)100% of cost 100% of cost 100% of cost
(xiv) Environmental Checklist Review $1,000 $1,500 $1,500
(xv) Fence Permit (special)$100 $150 $150
(xvi) Grading and Filling Permit (Hearing Examiner)$2,500 $5,000 $5,000
(xvii) Landscape Review Fee $100 $150 $150
(xviii) Legal Lot Segregation N/C N/C N/C
(xix) Lot Consolidation N/A $500 $500
(xx) Lot Line Adjustment $450 $1,000 $1,000
(xxi) Manufactured/Mobile Home Park:
(1) Tentative $500 $1,000 $1,000
(2) Preliminary $2,500 $3,000 $3,000
(3) Final $1,000 $1,500 $1,500
(xxii) Open Space Classification Request $100 $150 $150
A‐Frame Signs, pursuant to RMC 4‐4‐100J5 Charge is for the first sign, all subsequent signs are $50.00
Work in Advance of Sign Permit Issuance: Where work for which the permit is required by this Title IV of RMC
is started or proceeded with prior to obtaining said permit, the fees above specified shall be doubled; but the
payment of such double fee shall not relieve any persons from complying with the requirements in the
execution of the work nor from any other penalties prescribed herein.
*In addition to the above permit fees, a plan check fee equal to forty percent (40%) of the permit fee may be charged when required by the Building Official.
Critical Areas Review Fee: for those projects that propose impacts to critical areas and will be billed at
the cost of contract biologist’s review.1
Environmental Impact Statement Cost include the coordination, review and appeal. Draft and Final 2
1Per Resolution 4318, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more lots and
vested as of the adoption date of Res. 4318, through December 31, 2018.
2017/2018 Fee Schedule 8
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2016 2017 2018
2. Land Use Review Fees (continued)
a.General Land Use Review (continued)
(xxiii) Plats:
(1) Short Plat (total fee for both preliminary and final phases)$2,000 $5,000 $5,000
(2) Preliminary $4,500 $10,000 $10,000
(3) Final Plat $1,500 $5,000 $5,000
(xxiv) Planned Urban Development:
(1) Preliminary Plan $2,500 $5,000 $5,000
(2) Final Plan $1,000 $2,500 $2,500
(3) Reasonable Use Exception:
(a) In conjunction with land use permit N/A $500 $500
(b) Stand alone N/A $1,500 $1,500
(xxv) Rezone $2,500 $5,000 $5,000
(xxvi) Routine Vegetation Management Permit without Critical Areas $75 $100 $100
(xxvii) Shoreline‐Related Permits
(1) Shoreline Permit Exemption N/C N/C N/C
(2) Substantial Development Permit $2,000 $2,500 $2,500
(3) Conditional Use Permit $2,500 $3,000 $3,000
(4) Variance $2,500 $3,000 $3,000
(xxix) Site Development Plan (Site Plan or Master Plan
which includes design review fee for projects subject to RMC 4‐3‐100):
(1)Hearing Examiner Review $2,500 $3,500 $3,500
(2) Administrative Review $1,500 $2,500 $2,500
(3) Modification (minor, administrative) N/C $250 $250
(4)Application Application Application
Fees Fees Fees
(xxx) Special Permit (Hearing Examiner) $2,500 $2,500 $2,500
(xxxi) Temporary Use Permits:
(1) Tier 1 $75 $100 $100
(2) Tier 2 $150 $200 $200
(xxxii) Variance (per each variance requested) Administrative or Hearing Examiner $1,200 $1,300 $1,300
(xxxiii) Waiver or Modification of Code Requirements cost is per request $150 $250 $250
(xxxiv) Zoning Compliance Letter $400 $450 $450
b.
3. Public Works Fees:
a.Franchise Application Fee N/A $5,000 $5,000
b.Franchise Permit Fees: 1,2
(i) Small work, including trenching less than 60 linear feet or installation of 6 or less utility poles $350 $350 $350
(ii) All other work permit fee plus $60 per hour of inspection.$350 $350 $350
1Bond required pursuent to RMC 9‐10‐5
c.Latecomers' Agreement Application Fees:
(i) Processing fee* (Nonrefundable)
(1) If amount covered by latecomers’ is $20,000 or less $500 $500 $500
(2) If amount covered by latecomers' is between $20,000 and $100,000 $1,000 $1,000 $1,000
(3) If amount covered by latecomers' is greater than $100,000 $2,000 $2,000 $2,000
(ii) Latecomers' Agreement – Administration and collection fee
(1) if amount covered by latecomers' is $20,000.00 or less 15% of total 15% of total 15% of total
(2) If amount covered by latecomers' is between $20,000 and $100,000 10% of total 10% of total 10% of total
(3) If amount covered by latecomers' is greater than $100,000 5% of total 5% of total 5% of total
(iii) Segregation processing fee, if applicable $750 $750 $750
Exception for Projects Vested in the County: For those projects that have vested to a land use permit under the development regulations of King County, the King County Land Use
Review Fee Schedule shall apply, and is hereby adopted by reference. A copy of that fee schedule has been filed with the City Clerk and is available at the City Clerk’s office for public
review.
1Per RMC 4‐3‐050F7, the City may charge and collect fees from any applicant to cover costs incurred by the city in review of plans, studies, monitoring reports and other documents
related to evaluation of impacts to or hazards from critical areas and subsequent code‐required monitoring.
2When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee (ERC) determines that the EIS shall be
prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the applicant(s) of the
projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. The ERC may determine that the City will contract
directly with a consultant for preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual
agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC shall refund any fees collected under this subsection
which remain after incurred costs are paid. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this Title relating to
the applicant’s proposal. The City shall not collect a fee for performing its duties as a consulted agency. The City may charge any person for copies of any document prepared under
this Title, and for mailing the document, in a manner provided by chapter 42.17 RCW.
Unless otherwise specified in a franchise agreement, the fee shall be due and payable at or prior to the time of construction permit issuance. If a franchise agreement does not
specify the fee amount, the generic fee, as identified in the following table, shall be collected.
2The City may decide to contract with a consultant to perform plan reviews and inspections and may bill such costs and expenses directly to the applicant.
*The processing fee is due at the time of application. The administration and collection fee is deducted from each individual latecomer fee payment and the balance forwarded
to the holder of the latecomer’s agreement pursuant to RMC 9‐5, Tender of Fee.
Modification (major) required new application and repayment of fee required
3Per Resolution 4318, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more lots and
vested as of the adoption date of Res. 4318, through December 31, 2018.
1The fixed application fee established herein is intended to cover the City’s internal administrative costs in processing and administering the franchise. In addition to the fixed
application fee, the City may require applicants to either directly pay or reimburse the City for external costs reasonably incurred to process the application and/or administer the
franchise agreement. The City may require applicants to deposit funds in advance to cover legal and/or other professional services fees as they are incurred.
2017/2018 Fee Schedule 9
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2016 2017 2018
3. Public Works Fees (continued)
d.System Development Charge Tables:
(i) Water and Wastewater System Development Charges:
(1) 5/8 x 3/4 inch and 1 inch
(a) Water service fee3 $3,245 $3,486 $3,727
(b) Fire service fee 1,2 $422 $450 $477
(c) Wastewater fee3 $2,242 $2,540 $2,837
(2) 1‐1/2 inch
(a) Water service fee3 $16,225 $17,430 $18,635
(b) Fire service fee 1,2 $2,110 $2,247 $2,384
(c) Wastewater fee3 $11,210 $12,700 $14,185
(3) 2 inch
(a) Water service fee3 $25,960 $27,888 $29,816
(b) Fire service fee 1,2 $3,376 $3,596 $3,815
(c) Wastewater fee3 $17,936 $20,320 $22,696
(4) 3 inch
(a) Water service fee3 $51,920 $53,776 $59,632
(b) Fire service fee 1,2 $6,752 $7,191 $7,630
(c) Wastewater fee3 $35,872 $40,640 $45,392
(5) 4 inch
(a) Water service fee3 $81,125 $87,150 $93,175
(b) Fire service fee 1,2 $10,550 $11,236 $11,922
(c) Wastewater fee3 $56,050 $63,500 $70,925
(6) 6 inch
(a) Water service fee3 $162,250 $174,300 $186,350
(b) Fire service fee 1,2 $21,100 $22,476 $23,843
(c) Wastewater fee3 $112,100 $127,000 $141,850
(7) 8 inch
(a) Water service fee3 $259,600 $278,880 $298,160
(b) Fire service fee 1,2 $33,760 $35,955 $38,149
(c) Wastewater fee3 $179,360 $203,200 $226,960
(ii) Storm Water System Development Charges:
(1) New single family residence (including mobile/manufactured homes)3 $1,485 $1,608 $1,718
(2)
(3)$0.594 $0.641 $0.687
per sq foot per sq foot per sq foot
1 Based upon the size of the fire service (NOT detector bypass meter)
e.Administrative Fees for SDC Segregation Request* $750 +
administrative
costs
$750 +
administrative
costs
$750 +
administrative
costs
f.
(i) Water Construction Permit Fees:1
(1) Water meter tests for 3/4” to 2" meter $50 $50 $50
(a) Water meter tests on meters 2" or larger
$60 deposit + time
and materials
$60 deposit + time
and materials
$60 deposit + time
and materials
(b) Open and close fire hydrants for fire flow tests conducted by others.
Time and materials Time and materials Time and materials
(c) Water service disconnection (cut at main)$250 $250 $250
(d) Meter resets $95 $95 $95
(e) Repair of damage to service $225 $225 $225
(f) Water main connections $535 $535 $535
(g) Water main cut and cap $1,000 $1,000 $1,000
(h) Water quality/inspection/purity tests $65 $80 $80
(i) Specialty water tests (lead, copper, etc)
Cost of test + $70
processing fee
Cost of test + $70
processing fee
Cost of test + $70
processing fee
(j) Water turn ons/offs after hours $185 $185 $185
(k) Installation of isolation valve.
$2,000 deposit +
time and materials
$2,000 deposit +
time and materials
$2,000 deposit +
time and materials
*The applicant shall pay the City’s administrative costs for the preparation, processing and recording of the partial payment of the fee(s). The adminitrative fee is due at the time
of application for special assessment district, and/or latecomer’s charge partial payment for each segregation. If the same segregation is used for more than one utility’s special
assessment district, and/or latecomer’s charge, then only one administrative fee is collected.
Public Works Construction Permit Fees: The following public works construction permit fees, utility permit fees, and miscellaneous charges are payable at or prior to the time of
construction permit issuance.
Addition to existing single family residence greater than 500 square feet (including
mobile/manufactured homes) Fee not to exceed $1,608 (2017) or $1,718 (2018)0.594 per sq foot 0.641 per sq foot 0.687 per sq foot
All other uses charge per square foot of new impervious surface, but not less than $1,608 (2017) or
$1,718 (2018)
2 Unless a separate fire service is provided, the system development charge(s) shall be based upon the size of the meter installed and a separate fire service fee will not be
charged.
3Per Resolution 4318, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more lots
and vested as of the adoption date of Res. 4318, through December 31, 2018.
2017/2018 Fee Schedule 10
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2016 2017 2018
3. Public Works Fees (continued)
f.
(i) Water Construction Permit Fees:1 (continued)
(1) Water meter tests for 3/4” to 2" meter (continued)$50 $50 $50
(l)$250 + $0.15 $250 + $0.15 $250 + $0.15
per lineal per lineal per lineal
foot foot foot
(m) Miscellaneous water installation fees.
Time and materials Time and materials Time and materials
(n) Service size reductions $50 $50 $50
(o) Installation fees for ring and cover castings $200 $200 $200
(2) Water meter installation fees – City installed: The following fees are payable at the time of application for water meter installation(s).
(a)3/4” meter installed by City within City limits. Installation of stub service and meter setter only.$3,075 $2,850 $2,850
(i) 3/4" meter drop in only $400 $400 $400
(b) 3/4” meter installed by City outside City limits. Installation of stub service and meter setter only.$3,310 $2,910 $2,910
(i) 3/4" meter drop in only $400 $400 $400
(c) 1” meter installed by the City. Installation of stub service and meter setter only.$3,310 $2,850 $2,850
(i) 1" meter drop in only $460 $460 $460
(d) 1‐1/2" meter installed by the City. Installation of stub service and meter setter only.$5,330 $4,580 $4,580
(i) 1‐1/2” meter drop in only $750 $750 $750
(e) 2” meter installed by the City. Installation of stub service and meter setter only.$5,660 $4,710 $4,710
(i) 2" meter drop in only $950 $950 $950
(3)NA $220 $220
(4) Hydrant Meter fees: The following fees are payable at the time of application for a hydrant meter:
(a) Hydrant meter permit fee $50 $50 $50
(b) Deposits:
(i) 3/4” meter and backflow prevention assembly.$300 $500 $500
(ii) 3” meter and backflow prevention assembly.$800 $2,000 $2,000
(iii)Deposit processing charge, nonrefundable.$25 $25 $25
(c) Meter rental (begins on day of pickup):
(i) 3/4” meter and backflow prevention assembly. Per month.$11.66 $50 $50
(ii) 3” meter and backflow prevention assembly. Per month.$143.67 $250 $250
(ii) Wastewater and surface water construction permit Fees:1
(1) Residential:
(a) Wastewater permit fee $250 $300 $300
(b) Surface water permit fee $250 $300 $300
(2) Commercial:
(a) Wastewater permit fee $300 $300 $300
(b) Surface water permit fee $300 $300 $300
(3) Industrial:
(a) Wastewater permit fee $300 $300 $300
(b) Surface water permit fee $300 $300 $300
(4) Repair of any of the above
(a) Wastewater permit fee $200 $300 $300
(b) Surface water permit fee $200 $300 $300
(5) Cut and cap/Demolition permit
(a) Wastewater permit fee $250 $300 $300
(b) Surface water permit fee $250 $300 $300
(6)N/C $300 $300
(7)$300 $300 $300
plus King plus King plus King
County County County
sewer rate on sewer rate on sewer rate on
discharged discharged discharged
amount amount amount
(iii)
(1) Less than 35 feet in length $100 $100 $100
(2) 35 to 100 feet in length $125 $125 $125
(3) Greater than 100 feet in length $150 $150 $150
(4) Wastewater or storm water service $150 $300 $300
(5) King County ROW Permits/Inspections
(a) Service Installation Only $600 $1,000 $1,000
(b) Utility Extension per 100' of Length (Min 200' Length)$300 $500 $500
(iii)
(iv)$500 $500 $500
Reinspection for Watewater or Surface Water Permits
Ground water discharge (temporary connection to wastewater system for discharge of contaminated
ground water over 50,000 gallons) Rate plus billed for current Renton and King County sewer rate on
discharged amount (meter provided by property owner)
Work in right‐of‐way – construction permit: Utility and street/sidewalk improvements: A bond is required, as stipulated in RMC 9‐10‐5, Street Excavation Bond.
Work in right‐of‐way – construction permit: Utility and street/sidewalk improvements: A bond is required, as stipulated in RMC 9‐10‐5, Street Excavation Bond. (continued)
Street light system fee, per new connection to power system (payable at or prior to the time of
construction permit issuance):
Exception: No permit fee shall be charged for individual homeowners for work in street rights‐of‐way for street tree or parking strip irrigation systems.
New water line chlorination fee. Fee plus $0.15 per lineal foot for any footage after
the first two hundred fifty (250) lineal feet
Public Works Construction Permit Fees: The following public works construction permit fees, utility permit fees, and miscellaneous charges are payable at or prior to the time of
construction permit issuance. (continued)
Water meter processing fees – Applicant installed: For meters larger than 2”, the applicant must provide
materials and installs. The City charges a $220.00 processing fee at the time of meter application.
1Per Resolution 4318, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more lots
and vested as of the adoption date of Res. 4318, through December 31, 2018.
2017/2018 Fee Schedule 11
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2016 2017 2018
3. Public Works Fees (continued)
g.Public works plan review and inspection fees1,3: All developers, municipal or quasi‐municipal entities, or utility corporations or companies, except those specifically
exempted, shall pay fees under this Section. Exempted entities include City‐franchised cable TV, cable modem, natural gas, telecommunications, and electrical power.
Half of this fee must be paid upon application and the remainder when the permit(s) is issued. There are additional construction permit fees which are also payable upon
issuance. The fee will be based upon percentages of the estimated cost of improvements using the following formula.
(i)
(1)$150,000.00 or less 6% of cost 6% of cost 6% of cost
(2) Over $150,000.00 but less than $300,000.00. $9,000 + 5% over
$150,000
$9,000 + 5% over
$150,000
$9,000 + 5% over
$150,000
(3) $300,000.00 and over.
$16,500 + 4% over
$300,000
$16,500 + 4% over
$300,000
$16,500 + 4% over
$300,000
(ii)Standard or minor drainage adjustment review $550 $550 $550
1Includes three (3) review cycles. Additional reviews will be charged $1,500 each.
h.Grade and Fill License Fees: Fees shall be based on Tier.
Grade and Fill Quantity Tier
< 50 cy 1
50 cy ‐ 499 cy 2
500 cy ‐ 4,999 cy 3
5,000 cy ‐ 49,999 cy 4
50,000 cy ‐ 99,999 cy 5
100,000 cy and larger 6
(i) Review/Intake Fee1:
(1) Tier 1 N/A $155 $155
(2) Tier 2 N/A $466 $466
(3) Tier 3 N/A $621 $621
(4) Tier 4 N/A $932 $932
(5) Tier 5 N/A $1,242 $1,242
(6) Tier 6 N/A $1,553 $1,553
(ii) Inspection/Issuance Fee2:
(1) Tier 1 N/A $148 $148
(2) Tier 2 N/A $444 $444
(3) Tier 3 N/A $887 $887
(4) Tier 4 N/A $1,183 $1,183
(5) Tier 5 N/A $2,366 $2,366
(6) Tier 6 N/A $3,550 $3,550
(iii)1.5 x plan 1.5 x plan 1.5 x plan
check fee check fee check fee
(iv) Annual Licenses of Solid Waste Fills: 1.5 x plan 1.5 x plan 1.5 x plan
check fee check fee check fee
1Intake/review fees are payable at the time of application.
2Inspection/Issuance fees are payable at the time of issuance.
i.Release of easement fees: The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9‐1 RMC, Easements.
(i) Filing fee, payable at the time of application $250 $250 $250
(ii) Processing fee (paid upon Council approval of release of easement)$250 $250 $250
j.
(i) Single family and two family uses annually, fee plus leasehold excise tax1 if applicable $10.00 + LET1 $10.00 + LET1 $10.00 + LET1
(ii)
0.5% x Value2 LET1 0.5% x Value2 LET1 0.5% x Value2 LET1
(iii)
0.5% x Value2 LET2 0.5% x Value2 LET1 0.5% x Value2 LET1
(iv) Insurance Required:
(v) Exception for Public Agencies:
a no‐fee permit may be issued only when the applicant is a public agency and when the proposed use of the right‐of‐way provides a direct service to the public
(e.g., Metro applications for right‐of‐way for bus shelters).
2Right‐of‐way value shall be based on the assessed value of the land adjoining the property as established by the King County Assessor
1There is hereby levied and shall be collected a leasehold excise tax on that act or privilege of occupying or using public owned real or personal property through a leasehold
interest at the rate established by the State of Washington
Solid Waste Fills:
The plan check fee for solid waste fills shall be one and one‐half (1‐1/2) times the plan checking fees
listed above. The fee for a grading license authorizing additional work to that under a valid license shall
be the difference between the fee paid for the original license and the fee shown for the entire project.
The fee for annual licenses for solid waste fills shall be one and one‐half (1‐1/2) times the plan checking
fees listed above. The fee for a grading license authorizing additional work to that under a valid license
shall be the difference between the fee paid for the original license and the fee shown for the entire
project. Any unused fee may be carried forward to the next year. If any work is done before the license
is issued, the grading license fee shall be doubled.
Right‐of –Way use permit fees & Revocable permits for the Use of Excess Public Right‐of way: These fees are payable at the time of application. The imposition, collection, payment
and other specifics concerning this charge are detailed in chapter 9‐2 RMC, Excess Right‐of Way Use.
All uses without public benefit fee is a per month charge based on property value2 of land to be utilized, plus
leasehold excise tax1, if applicable. Payable yearly in advance
Uses with public benefit fee is a per year of assessed value of land adjoining the property, plus leasehold
excise tax1, if applicable. In no case less than $10.00. Payable yearly in advance.
Public Liability and property damage insurance is also required pursuant to RMC 9‐2‐5B, Minimum Permit
Requirements for Excess Right‐of‐Way Use.
1 ac ‐ < 2.5 ac 1 ac ‐ < 2.5 ac
2.5 ac ‐ < 5 ac 2.5 ac ‐ < 5 ac
5 ac and larger 5 ac and larger
< 7,000 sf < 2,000 sf
7,000 sf ‐ < 3/4 acre 2,000 sf ‐ 4,999 sf
3/4 ac ‐ < 1 ac 5,000 sf ‐ < 1 ac
Street and utility plan review and inspection fees; estimated construction cost 2: The applicant must submit separate, itemized cost estimates for each item of improvement
subject to the approval by the Public Works Plan Review Section.
2Construction cost, also known as the Engineer’s Estimate or the Contractor’s Bid, shall mean cost estimate for all project related improvements outside of the building envelopes,
including, but not limited to, all costs required to construct the following: paved parking lots, private sidewalks or walkways; private and public storm water management
facilities; temporary erosion and sedimentation control facilities; water quality facilities; public and private streets; public and private sanitary sewers; public water main
improvements; required off‐site street, bike and pedestrian improvements; street lighting improvements; required landscaping and street tree improvements; and site grading
and mobilization costs.
3The City may decide to contract with a consultant to perform plan reviews and inspections and may bill such costs and expenses directly to the applicant.
Cleared or Distrurbed New or Replaced Hard Surface
2017/2018 Fee Schedule 12
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2016 2017 2018
3. Public Works Fees (continued)
k.Street and Alley vacation Fees: The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9‐14 RMC, Vacations.
(i) Filing fee, payable at the time of application $500 $500 $500
(ii)
Appraised Value of Vacated right‐of‐way:
(1) Less than $25,000 $750 $750 $750
(2) $25,000 to $75,000 $1,250 $1,250 $1,250
(3) Over $75,000 $2,000 $2,000 $2,000
l.
(i)
(ii)
(iii)
m.Water or Sewer ‐ Redevelopment:
Credit for existing water or sewer service: Any parcel that currently has water and or sewer service is eligible for a prorated system development charge.
(i) Fee(s) based upon meter(s) proposed for final project minus fee(s) based upon meter existing on site.
n.Miscellaneous Fees:
(i) Re‐inspection Fee N/A $100 $100
(ii) Plan Revision following Permit Issuance
(1)Minor N/A $250 $250
(2) Major N/A Application Fee Application Fee
(iii) Street Frontage Improvements: Fee‐In‐Lieu
(1) Street with existing storm drainage main line N/A $107/LF $107/LF
(2) Street with existing conveyance ditch N/A $122/LF $122/LF
4. Technology Surcharge Fee
3.0%3.0%3%5%
5. Impact Fees
a. School Impact Fees:
(i) Issaquah School District
(1) Single Family Fee $4,635 $7,921 $7,921 $8,762
(2) Multi Family, Duplex, & Accessory Dwelling Fee (ADU)$1,534 $2,386 $2,386 $3,461
(ii) Kent School District
(1) Single Family Fee $4,990 $5,100 $5,100 $5,235
(2) Multi Family, Duplex, & Accessory Dwelling Fee (ADU)$2,163 $2,210 $2,210 $2,267
(iii) Renton School District
(1) Single Family Fee $5,643 $6,432 $6,432 $7,772
(2) Multi Family, Duplex, & Accessory Dwelling Fee (ADU)$1,385 $1,448 $1,448 $1,570
b. Transportation Impact Fees:1
(i) Light Industrial, per sq foot $3.69 $4.75 $4.75
(ii)Apartment, per dwelling & Accessory Dwelling Unit (ADU)$1,923.83 $3,358.55 $3,358.55
(iii) Church, per sq foot $1.70 $2.68 $2.68
(iv)Coffee/Donut Shop, no drive up, per sq foot N/A $110.55 $110.55
(v)Coffee/Donut Shop, with drive up, per sq foot N/A $116.12 $116.12
(vi) Condominium & Duplexes per dwelling $1,546.31 $2,822.61 $2,822.61
(vii)Convenience market ‐ 24 hour, per sq foot $26.84 $110.91 $110.91
(viii)Daycare, per sq foot N/A $48.88 $48.88
(ix)Drinking Place, per sq foot N/A $30.77 $30.77
(x)Drive‐in bank, per sq foot $17.26 $69.89 $69.89
(xi)Fast food, no drive‐up, per sq foot $22.65 $70.93 $70.93
(xii) Fast food, with drive‐up, per sq foot $27.66 $90.36 $90.36
(xiii)Gas station with convenience store, per pump $8,588.71 $32,656.54 $32,656.54
(xiv)Gas station, per pump $8,033.75 $43,661.15 $43,661.15
(xvi) General office, per sq foot $5.10 $7.29 $7.29
(xvii)Health/fitness club, per sq foot $6.85 $18.01 $18.01
(xviii) Hospital, per sq foot $3.02 $3.90 $3.90
(xix)Hotel, per room $1,952.79 $2,143.76 $2,143.76
(xx) Manufacturing, per sq foot $2.78 $3.58 $3.58
(xxvi)Marina, per boat berth $476.56 $1,143.34 $1,143.34
(xxi) Medical office, per sq foot $9.39 $16.47 $16.47
(xxii) Mini‐warehouse, per sq foot $0.99 $1.29 $1.29
(xxiii)Mobile home, per dwelling $1,662.92 $3,215.64 $3,215.64
(xxiv) Motel, per room $1,555.62 $1,965.11 $1,965.11
(xxv)Movie theater, per seat $6.09 $321.57 $321.57
(xxvii)Nursing home, per bed $494.92 $893.23 $893.23
*Fee shall be paid annually (non‐prorated), and shall be nonrefundable, nontransferable (from one portion of the property to another) and shall not constitute a credit to the
system development charge due at the time of permanent use of the utility system. The application for temporary connection shall consist of a detailed plan and a boundary line
of the proposed development service area for use in the fee determination.
An additional 3% technology surcharge shall be required for all fees included in the following Subsections of Section
XII, Development Fees, of the City of Renton Fee Schedule Brochure: Subsection 1, Building Fees; Subsection 2, Land
Use Review Fees, except for appeals, critical areas review fee, and direct EIS costs; Subsections b, e, f, g and h of
subsection 3, Public Works Fees; and Section XIII, Fire Department Community Risk Reduction Fire Marshall Fees
Wastewater Fee; Annual fFee equal to thirty percent (30%) of the current system development charge
applicable to the size of the temporary domestic water meter(s).*
10% of system
development
charge
30% of system
development
charge
30% of system
development
charge
Water Fee;Annual fFee equal to thirty percent (30%) of the current system development charge
applicable to the size of the temporary water meter(s).*
10% of system
development
charge
30% of system
development
charge
30% of system
development
charge
Processing and completion fee, payable upon Council approval of the vacation and upon administrative
determination of appraised value of vacated right‐of‐way.
Temporary connections to a City utility system may be granted for a one‐time, temporary, short‐term use of a portion of the property for a period not to exceed three (3)
consecutive years.
Storm Water Fee; Fee equal to thirty percent (30%) of the current system development charge
applicable to that portion of the property.*
10% of system
development
charge
30% of system
development
charge
30% of system
development
charge
2017/2018 Fee Schedule 13
AGENDA ITEM # 8. b)
City of Renton Fee Schedule
2017‐2018
SECTION XII. DEVELOPMENT FEES (CONTINUED)2016 2017 2018
5. Impact Fees (continued)
b. Transportation Impact Fees:1 (continued)
(xxviii) Restaurant: sit‐down, per sq foot $11.58 $30.48 $30.48
(xxix)Senior housing ‐ attached, per dwelling $384.76 $1,464.90 $1,464.90
(xxx) Shopping center, per sq foot $3.33 $13.29 $13.29
(xxxi)Single family house, per dwelling $2,951.17 $5,430.85 $5,430.85
(xxxii) Supermarket, per sq foot $11.83 $32.91 $32.91
c.Park Impact Fees:1
(i) Single family $1,887.94 $2,740.07 $2,740.07
(ii) Multi‐family: 2 units, Duplexes, & Accessory Swelling Unit (ADU)$1,532.56 $2,224.29 $2,224.29
(iii) Multi‐family: 3 or 4 units $1,458.52 $2,116.84 $2,116.84
(iv) Multi‐family: 5 or more units $1,280.84 $1,858.95 $1,858.95
(v) Mobile home $1,340.06 $1,944.91 $1,944.91
d.Fire Impact Fees:
(i) Residential ‐ single family (detached dwellings & duplexes), per dwelling unit $495.10 $718.56 $718.56 $829.77
(ii) Residential ‐ multi family & Accessory Dwelling Unit (ADU), per dwelling unit $495.10 $718.56 $718.56 $964.53
(iii) Hotel/motel/resort , per sq foot $0.65 $0.94 0.94 $1.29
(iv) Medical care facility , per sq foot $5.56 $8.04 8.04 $3.92
(v) Office, per sq foot $0.14 $0.21 0.21 $0.26
(vi) Medical/dental office, per sq foot $0.87 $1.26 1.26 $1.99
(vii) Retail, per sq foot $0.61 $0.88 0.88 $1.25
(viii) Leisure facilities , per sq foot $1.36 $1.98 1.98 $2.36
(ix) Restaurant/lounge, per sq foot $1.84 $2.67 2.67 $5.92
(x) Industrial/manufacturing, per sq foot $0.08 $0.12 0.12 $0.15
(xi) Church/non‐profit, per sq foot $0.25 $0.36 0.36 $0.56
(xii) Education, per sq foot $0.45 $0.66 0.66 $0.72
(xiii) Special public facilities , per sq foot $3.33 $4.83 4.83 $4.48
*(i)‐(ii) is per unit
*(iii)‐(xiii) is per square foot
SECTION XIII. FIRE DEPARMENT COMMUNITY RISK REDUCTION FIRE MARSHALL FEES (RFA)2016 2017 2018
a.Fire plan review and inspection fees
(i) $0 to $249.99 $30 $30 $30 $35
(ii) $250.00 to $999.99 $30 + 2% of the
cost
$30 + 2% of the
cost
$30 $35 + 2% of the
cost
(iii) $1,000.00 to $4,999.99 $50 + 2% of the
cost
$50 + 2% of the
cost
$50 $60 + 2% of the
cost
(iv) $5,000.00 to $49,999.99 $150 + 1.5% of the
cost
$150 + 1.5% of the
cost
$150 $175 + 1.5%
of the cost
(v) $50,000.00 to $99,999.99 $350 + 1.2% of the
cost
$350 + 1.2% of the
cost
$350 $400 + 1.2%
of the cost
(vi) $100,000.00 and above $800 + .75% of the
cost
$800 + .75% of the
cost
$800 $900 + .75%
of the cost
(vii)$75 $75 $75 $125
(viii)
(ix)
(x) Preventable Fire alarm fee:
(1) First, second, and third preventable alarms N/C N/C N/C
(2) Fourth and fifth preventable alarms in a calendar year, fee is per each alarm.$70 $70 $70 $75
(3)$150 $150 $150
(xi) Late Payment Penalty $35 $35 $35
b.Fire Permit type:
(i)$84 $84 $84 $100
(ii) Hazardous materials and HPM facilities yearly $150 $150 $150 $175
(iii) Construction permit:
(iv) Replacement for lost permit, per each $35 $35 $35
(v)
(vi) Underground tank removal permit (commercial)See Fire plan
review and
construction permit
fees
See Fire plan
review and
construction permit
fees
See Fire plan
review and
construction permit
fees
(vii) Underground tank removal or abandonment‐in‐ place permit (residential)$84 $84 $84
(viii)
N/A N/A $125
(ix) NSF check fees N/A N/A $25
(xi)N/A N/A 3%
Other requested inspection when not required by the fire code. Fee is per hour with a minimum 1 hr
when approved by the Fire Marshal, such as home daycares
Hazardous production materials permit (for businesses storing, handling, or using hazardous production
materials as regulated in the fire code) permit is yearly
$150 $150 $150 $175
Third Re‐Inspection/Pre‐Citation Follow‐Up Inspection when re‐inspections are required beyond the first
and second re‐inspections $250 $250 $250
Sixth preventable alarm and successive preventable alarms in a calendar year, fee is per each alarm.
20% of plan review
fee Min. $50
20% of plan review
fee Min. $51
20% of plan review
fee Min. $52
Operational fire code permit (issued in accordance with Section 105.6 of the IFC) fee is yearly (includes
items such as fire special events, covered stages, mobile food facilities, hot works, etc.)
Construction Re‐inspection. Fee is per hour with a 2 hour minimum. The minimum may be assessed if
the requested inspection does not meet the approval of the inspector.
Violation/Second Re‐Inspection after 30‐day period (whenever 30 days or more have passed since Fire
Department notification of a violation, which required a first re‐inspection, and such violation has not
been remedied or granted an extension)
$150 $150 $150
RFA technology surcharge fee applied to Fire Department Fire Marshal Fees, subsection a. (i, ii, iii, iv, v,
vi) and subsection b. (iii)
1Per Resolution 4318, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more and
vested as of the adoption date of Res. 4318, through December 31, 2018.
2017/2018 Fee Schedule 14
AGENDA ITEM # 8. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
10‐5 OF THE RENTON MUNICIPAL CODE, CLARIFYING IMPOUNDMENT AND
REDEMPTION OF VEHICLE REGULATIONS, DESIGNATING THE RENTON
MUNICIPAL COURT AS THE POST IMPOUNDMENT HEARING VENUE, AND
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 10‐5 of the Renton Municipal Code, is amended as follows:
CHAPTER 5
IMPOUNDMENT AND REDEMPTION OF VEHICLES
SECTION:
10‐5‐1: Definitions
10‐5‐2: Impoundment Of Vehicles, Notice
10‐5‐3: How Impoundment Is To Be Effected
10‐5‐4: Owner Of Impounded Vehicle To Be Notified
10‐5‐5: Redemption Of Impounded Vehicles
10‐5‐6: Cancellation Of Hearing Reserved
10‐5‐7: Post Impoundment Hearing Procedure
10‐5‐8: Abandoned Vehicles
10‐5‐9: Renton Police Department Record Of Impounded Vehicles
10‐5‐10: Approved Tow Company Duties And Records
10‐5‐11: Severability
10‐5‐12: Approved Tow Rates Required
10‐5‐13: Penalties For Violations By Approved Tow Agency
10‐5‐1 DEFINITIONS:
APPROVED TOW COMPANY: Any person, firm, partnership, tow operator,
association or corporation approved by the Renton Police Department that
engages in the impounding, transporting, or storage of unauthorized vehicles, or
the disposal of abandoned vehicles. Approved tow companies must comply with
all State laws, County ordinances, and any Federal law including antitrust laws.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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HIGHWAY: The entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of
vehicular travel.
IMPOUNDMENT: As used in this Chapter, impoundment shall have the definition
set forth in RCW 46.55 for “impound” and, in addition, shall include tThe removal
of a vehicle to a storage facility either by an officer or authorized agent of the
Renton Police Department or by an approved towing company for towing and
storage in response to a request from an officer or authorized agent of the Renton
Police Department.
VEHICLES: As used in this Chapter, vehicle shall have the definition set forth in
RCW 46.04 and, in addition, shall include any vehicle hulk as the same is defined
in Renton Municipal Code Section RMC 6‐1‐1.
10‐5‐2 IMPOUNDMENT OF VEHICLES, NOTICE:
A. When A Vehicle May Be Impounded Without Prior Notice: A vehicle may
be impounded without prior notice to its owner for any of the following reasons:
1. The vehicle is impeding or is likely to impede the normal flow of
vehicular or pedestrian traffic;
2. The vehicle is illegally parked in a conspicuously posted restricted zone
where parking is limited to designated classes of vehicles or is prohibited during
certain hours, on designated days or at any time and where the vehicle is
interfering or likely to interfere with the intended use of such a zone;
3. The vehicle poses an immediate danger to public safety;
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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4. A police officer has information sufficient to form a reasonable belief
that the vehicle is stolen;
51. A police officer has information sufficient to form a reasonable belief
that the vehicle constitutes evidence of a crime or contains evidence of a crime, if
impoundment is reasonably necessary to obtain or preserve such evidence.
62. The vehicle is parked without authorization on residential property.
73. The vehicle is parked on private, nonresidential property, properly
posted under RCW 46.55.070.
84. Impound is authorized or required by law.
Nothing in such this Section shall be construed to authorize seizure of a
vehicle without a warrant where a warrant would otherwise be required.
B. When A Vehicle May Be Impounded After Notice: A vehicle not subject
to impoundment under Section RMC 10‐5‐2.A may be impounded after notice of
such proposed impoundment has been attached to and conspicuously displayed
on the vehicle for a period of twenty‐four (24) hours prior to such impoundment,
for the following reasons:
1. Such vehicle is left unattended on a public hHighway.
2. Such vehicle is a junk or abandoned vehicle, as defined in Renton
Municipal Code Section RMC 6‐1‐1.
3. Such vehicle is left unattended on private property not posted in
accordance with RCW 46.55.070.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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10‐5‐3 HOW IMPOUNDMENT IS TO BE EFFECTED:
When impoundment is authorized by this Chapter, a vehicle may be impounded
by an approved towing company at the request of an officer or authorized agent
of the Renton Police Department.
10‐5‐4 OWNER OF IMPOUNDED VEHICLE TO BE NOTIFIED:
A. Not more than forty‐eight (48) twenty‐four (24) hours after impoundment
of any vehicle, the Renton Police Department shall mail cause a notice of impound,
hereinafter referred to as the impound report, and notice of redemption and
opportunity for a hearing to be mailed to the registered owner and legal owner of
an impounded vehicle, as may be disclosed by the vehicle license number, or
vehicle identification number (VIN), if such be obtainable, unless the impound
report shall be mailed to the registered owner at the address provided by the
Washington State Department of Motor Vehicles Licensing, or the corresponding
agency of any other state or province. If the officer requesting the impound has
reason to believe that the registered owner is residing or is in custody at some
different address known to the officer, a copy of the impound report and notice
of redemption and opportunity for a hearing shall be sent to that address. The
impound report shall contain the particulars of the impoundment, the name and
address of the tow company involved, and location of storage if not that
company’s address.
B. Written notice of redemption and opportunity for a hearing as set forth
on a form provided by the Renton Police Department and a copy of the tow and
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
5
storage receipt shall be given by the tow company to each person who seeks to
redeem an impounded vehicle. The tow company shall maintain a record
evidenced by the redeeming person’s signature that such notification was
provided.
C. Similar written notice and record of notification for redemption and
opportunity for a hearing as set forth on a form provided by the Renton Police
Department shall likewise be given by the tow company at the time of releasing a
vehicle impounded for investigatory purposes pursuant to Section RMC 10‐5‐
2.A.5. The Renton Police Department shall notify the tow company of the
authorization to release such vehicle.
10‐5‐5 REDEMPTION OF IMPOUNDED VEHICLES:
Vehicles impounded by the City shall be redeemed only under the following
circumstances:
A. Only the registered owner, a person authorized by the registered owner,
or one who has purchased a vehicle from the registered owner, who produces
proof of ownership or authorization and signs a receipt therefor, may redeem an
impounded vehicle.
B. Any person so redeeming a vehicle impounded by the City shall pay to the
towing company the costs of impoundment (towing and storage) prior to
redeeming such vehicle.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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C. Any person seeking to redeem an impounded vehicle has a right to a
hearing to contest the validity of the impoundment or the amount of towing and
storage charges, except no appeal shall be had when:
1. The appeal is to the tow company rates and the rates do not exceed
those approved by the City.
2. The vehicle was impounded because it was stolen or used in the
commission of a felony.
10‐5‐6 RESERVED CANCELLATION OF HEARING:
Any person redeeming an impounded vehicle in accordance with Section RMC 10‐
5‐5.C shall have until ten (10) days after the date of the request to cancel the
hearing. If a hearing is cancelled more than ten (10) days after its request, then a
ten dollar ($10.00) cancellation fee must be paid to the City.
10‐5‐7 POST IMPOUNDMENT HEARING PROCEDURE:
A. Hearings requested pursuant to Section RMC 10‐5‐4 hereof shall be held
by the City Hearing Examiner Renton Municipal Court.
B. The Hearing Examiner Renton Municipal Court shall, within ten five (510)
days after the request for a hearing, notify the registered tow truck operator, the
person requesting the hearing if not the owner, the registered and legal owners
of the vehicle or other item of personal property registered or titled with the
department, and the person or agency authorizing the impound shall notify the
motor vehicle owner in writing of:
1. The hearing date and time; and
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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2. If the owner of the motor vehicle desires to have the police officer
responsible for the impoundment or a representative of the towing company
present at the hearing, a written request on a document provided by the Hearing
Examiner must be returned to the Hearing Examiner Renton Municipal Court no
later than ten (10) days prior to the hearing date;
3. In absence of such a request, the officer’s impound report and/or tow
company’s tow and storage receipt shall be received in evidence.
C. At the hearing, the Police Department may produce any relevant evidence
to show that the impound was proper. In absence of a request by the vehicle
owner pursuant to Section RMC 10‐5‐7.B and Section RMC 10‐5‐7.D of this
Section, the officer’s impound report and/or tow company’s tow and storage
receipt shall be received in evidence. In determining whether the fees charged
were proper, the Hearing Examiner Judge may take notice of the tow company’s
rates which shall be filed with the Hearing Examiner Renton Municipal Court and
available for public inspection.
D. At the hearing, the owner of the motor vehicle impounded may produce
any relevant evidence to show that the impound and/or towing and/or storage
fees charged were not proper.
E. In lieu of a personal appearance, the owner of the motor vehicle
impounded may provide the Hearing Examiner with a written statement of
position which the Hearing Examiner may consider in the same manner as the
officer’s impound report and the tow company’s tow and storage receipt.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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F. At the conclusion of the hearing, and within no later than thirty (30) days
following the hearing, the Hearing Examiner Judge shall determine whether the
towing or storage fees charged were in compliance with the posted rates and who
is responsible for payment of the fees. The court may not adjust fees or charges
that are in compliance with the posted or contracted rates. whether the
impoundment, and/or towing, and/or storage fees charged were proper and
provide both parties with a copy of his decision setting forth in writing the reasons
for the determination reached. Should the Hearing Examiner Judge determine
that the towing and/or storage fees charged were not proper, then the Hearing
Examiner Judge shall determine the proper amount. After each hearing, the court
shall provide both parties with a copy of the court’s decision setting forth in
writing the reasons for the determination reached, and provide a copy of the
decision to the tow company and the Renton Police Department. and provide a
copy of his decision to the tow company and the Police Department.
G. If the impoundment is found determined to be proper, the expense of the
hearing shall be assessed as a civil monetary penalty against the owner of the
vehicle impounded. The appearance cost of an approved tow company’s
representative if requested shall be a cost assessed, Section RMC 10‐5‐7.I of this
Section notwithstanding.
H. If the impound is not found determined to be proper the owner of the
vehicle shall bear no costs, and the City shall refund to the owner shall be refunded
the cost of towing and storage.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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I. Compensation for the hearing appearance of a representative of an
approved tow company shall be paid by the City at the rate of fifteen dollars
($15.00) for such person’s appearance.
JI. Nothing in this Chapter shall be construed to prevent the Hearing
Examiner Judge exercising discretion in assessing penalties, costs or arranging
time payments if justice so requires.
10‐5‐8 ABANDONED VEHICLES:
Any impounded vehicle not redeemed within fifteen (15) days of mailing of the
notice required by Section 10‐5‐4 of this Chapter shall be deemed abandoned;
provided that, if the Police Department has reason to believe that the owner of
such impounded vehicle is in custody of the Police Department jail incarcerated,
it shall be presumed that the vehicle is not abandoned until after the prisoner has
had an opportunity to be heard regarding the propriety of the impoundment and
circumstances giving rise to such impoundment; provided further that, in the case
of a vehicle impounded by order of a police officer and held pursuant to police
order, the fifteen (15) days shall not begin until forty‐eight (48) hours after the
Police Department shall have notified both the owner and the towing company in
accordance with Section RMC 10‐5‐4.C that it has authorized the release of the
vehicle. Any vehicle so determined to have been abandoned shall be deemed to
be in custody of the Chief of Police.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
10
No tow truck operator shall sell or otherwise dispose of an abandoned vehicle
regardless of its age unless he has first complied with the provisions of
RCW 46.52.120 and 46.55.130.
In the case of failure to redeem an abandoned vehicle under RCW 46.55.120 an
officer shall send a notice of infraction by certified mail to the last known address
of the registered owner of the vehicle.
10‐5‐9 RENTON POLICE DEPARTMENT RECORD OF IMPOUNDED VEHICLES:
The Police Department shall keep, and make available for inspection, a record of
all vehicles impounded under the provisions of this Chapter. The record shall
include at least the following information:
A. Vehicle make, year and model;
B. Vehicle license number and state of registration;
C. Vehicle identification number, if ascertainable;
D. Such other descriptive information as the Chief of Police deems useful for
purposes of vehicle identification;
E. Name of impounding officer and serial number; and
F. Reason for impoundment, and the time, date and location the approved
towing company took custody.
10‐5‐10 APPROVED TOW COMPANY DUTIES AND RECORDS:
Each approved tow company as conditions of approval in addition to fully
complying with the standards set by the Police Department must:
A. File its towing and storage rates with the Police Department.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
11
B. Mail within twenty‐four (24) hours of receipt thereof a fully completed
and signed copy of any requests for hearing and promissory note and copy of the
tow and storage receipt to the Hearing Examiner Renton Municipal Court.
C. Keep, and make available for Police Department inspection, a record of all
vehicles which it impounds under the provisions of this Chapter. The record shall
include:
1. A copy of each tow and storage receipt which shall contain at least the
following information:
a. Information on the person securing the release of a towed vehicle,
including the person’s name, relationship to owner (if not the owner), driver’s
license number, signature and address;
b. Vehicle make, year, license and identification numbers;
c. Any unusual circumstance of the tow;
d. Time, date, location of tow and distance towed;
e. Name of tow truck driver and his signature.
2. A copy of each request for a hearing for all vehicles redeemed, signed
by the redeeming person.
3. A copy of each monthly notarized claim for reimbursement for towing,
storage and mailing costs.
10‐5‐11 SEVERABILITY:
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
12
Should any section, subsection, paragraph, sentence, clause or phrase of this
Chapter be declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining portions of this Chapter.
10‐5‐12 APPROVED TOW RATES REQUIRED:
Each approved tow company shall have its tow rates approved by the Police
Department, and an approved tow company shall not charge greater than its
approved tow rates. To the greatest extent possible, the approved tow rates shall
be equivalent to those approved by the State patrol for tows it initiates.
10‐5‐13 PENALTIES FOR VIOLATIONS BY APPROVED TOW AGENCY:
Should any approved tow agency violate any section of this Chapter, including
charging fees in excess of the approved tow rates, then it shall be subject to
progressive penalties. For the first violation of the Code this Chapter, the
offending tow agency shall be charged a civil penalty of not more than one two
hundred fifty dollars ($100250.00). For the second such violation within any
calendar year, the tow agency shall be penalized up to five hundred dollars
($500.00). For the third and subsequent violations, the tow agency may be placed
on probation, temporarily removed from the list of tow agencies, or removed from
the list of approved tow agencies and not permitted to reapply for inclusion within
that list for a period of one (1) year. Each penalty shall be determined by the Police
Chief or his designee after reviewing the available information. Should the tow
agency be aggrieved by the decision of the Police Chief or his designee, then the
tow agency may appeal, within twenty (20) days of receipt of notification of any
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
13
penalty, to the Hearing Examiner. Such appeal shall be in writing and shall state
all reasons why the aggrieved agency is appealing. The Hearing Examiner’s
decision shall be rendered not more than thirty (30) days after an appeal hearing
to be established by the Hearing Examiner. Any appeal from the Hearing
Examiner’s decision shall be to Superior Court within twenty (20) days of the
Hearing Examiner’s written decision.
SECTION II. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION III. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
14
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1968:10/30/17:scr
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO XO
COMMUNICATIONS SERVICES, LLC, A LIMITED LIABILITY COMPANY REGISTERED
IN THE STATE OF DELAWARE, AUTHORIZED TO DO BUSINESS WITHIN THE STATE
OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT,
PRIVILEGE, AND AUTHORITY TO INSTALL COMMUNICATIONS FACILITIES,
SPECIFICALLY FIBER OPTIC CABLE AND RELATED APPURTENANCES, UNDER,
ALONG, OVER, BELOW, THROUGH AND ACROSS THE STREETS, AVENUES AND
ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC RIGHT‐OF‐WAY OF
RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I: Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular, words
in lower case shall have their defined meaning even if the words are not capitalized, and words
in the singular include the plural. Undefined words shall be given their common and ordinary
meaning.
1.1 Administrator: Means the Administrator of Renton’s Public Works Department or
designee, or any successor office responsible for management of Renton’s public properties.
1.2 Construct or Construction: Means to construct, remove, replace, repair, and/or
restore any Facility, and may include, but are not limited to, digging and/or excavating to
construct, remove, replace, repair, and restore pipeline(s) and/or Facilities.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
2
1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys’
fees.
1.4 Day: Means calendar day(s) unless otherwise specified.
1.5 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located across, above, along, below, in, over, through, or
underground. Facilities do not include any noise‐creating equipment within the range of human
hearing.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future Renton Rights‐of‐Way for public
roads, alleys, avenues, highways, streets, and throughways (including the area across, above,
along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or
improved, and; all city‐owned utility easements dedicated for the placement and location of
various utilities provided such easement would permit Franchisee to fully exercise the privilege
granted under this Franchise within the area covered by the easement, without interfering with
any governmental functions or other franchises or easements.
1.8 Franchisee: Means XO Communications Services, LLC, a limited liability company
registered in the state of Delaware, authorized to do business within the State of Washington,
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
3
and its respective successors and assigns, and when appropriate, agents, contractors (of any tier),
employees, officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all substances designated under
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter
70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as they exist or
may be amended; or any other Laws. The term “Hazardous Substance” shall also be interpreted
to include any substance which, after release into the environment, will or may reasonably be
anticipated to cause death, disease, injury, illness, abnormalities, behavioral abnormalities,
stunted or abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, permit, regulation, regulatory program, order, rule,
published specification, public standard, Environmental Law, or governmental authority, that
relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480‐80 (Utilities
General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service – Use
of Right‐of Way), WAC Chapter 296‐32 (Safety Standards for Telecommunications), RCW Chapter
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
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80.36 (Telecommunications), WAC Chapter 480‐120, et. seq., (Telephone Companies), RCW
Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and any
related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.11 Parties: Means the City of Renton and XO Communications Services, LLC
1.12 Public Properties: Means present and/or future property owned or leased by
Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights‐of‐Way for motor vehicles
or any other uses under Renton’s control and/or in its jurisdictional boundaries, consistent with
RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings).
1.14 Rights‐of‐Way: Means the surface and space across, above, along, below, in, over,
through or under any street, alley, avenue, highway, lane, roadway, sidewalk, thoroughfare,
court, easement and similar Public Property, Public Ways, and area within the Franchise Area.
1.15 Tariff: Has the meaning provided in WAC 480‐80‐030 (Definitions), or such similar
definition describing rate schedules, rules and regulations relating to charges and service as may
be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480‐80. (WAC 480‐120‐026 (Tariffs)).
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1.16 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee’s request.
SECTION II: Purpose
2.1 Authority: Under RCW 35A.47.040, Renton’s City Council may grant or not grant
a franchise.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions relating to
Franchisee’s use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public’s best interests after this ordinance becomes effective. This Franchise
is granted subject to Renton’s land use authority, public highway authority, police powers,
franchise authority, and any other case law, statutory or inherent authority, and is conditioned
upon the terms and conditions provided in this Franchise, and Franchisee’s compliance with all
Laws.
2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton. This Franchise
is granted upon the express condition that Renton retains the absolute authority to grant other
or further franchises in any Rights‐of‐Way and any Franchise Area. This and other franchises
shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or affect its
jurisdiction over them or any part of them, and Renton retains absolute authority to make all
changes, relocations, repairs, maintenance, establishments, improvements, dedications or
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vacations of same as Renton may see fit, including the dedication, establishment, maintenance
and improvement of all new or existing Rights‐of‐Way, Public Property or Public Ways.
SECTION III: Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c), RMC
Chapter 5‐19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific powers
enumerated), RCW 35.99.020 (Permits for use of right‐of way), and 80.36.040 (Use of road,
street, and railroad right‐of way – When consent of city necessary), and any related laws, Renton
grants to Franchisee, and its successors and assigns (subject to and as provided for in Section VI,
Assignment and Transfer of Franchise), under this Franchise’s terms and conditions, the privilege
to install, construct, operate, maintain and improve its Facilities, together with all necessary
equipment and appurtenances, for the provision of telecommunications, telecommunications
distribution services, private line, and internet access services, within the existing Franchise Area,
such lands being more particularly described in Attachment 1 which is attached and fully
incorporated by reference into the Franchise. Without a separate franchise agreement,
Franchisee shall not have the privilege to provide cable services in the City of Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the Franchise
Area. This privilege shall not limit Renton’s police powers, any statutory or inherent authority,
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jurisdiction over its property, Franchise Area, Rights‐of‐Way, or its zoning or land use authority.
The terms and conditions of this Franchise shall not be construed to apply to Facilities located
outside of the Franchise Area. This Franchise does not confer upon Franchisee any privilege to
install or use any Facilities outside the Franchise Area, including city‐owned or leased properties
or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than for telecommunications, telecommunications
distribution services, private line, and internet access services. The Franchisee may use its
Facilities’ excess capacity, however, Franchisee may not use, convey, lease or share excess space
within the Franchise Area,
3.4 Franchise is Non‐Exclusive: As detailed in Section VIII, below, Renton grants this
non‐exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and service provider (as those terms are used in RCW 35.21.860).
3.5 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and conditions
of this Franchise. Franchisee accepts all reasonable risks of the meaning of the provisions, terms
and conditions of the Franchise. Franchisee further acknowledges and states that it has fully
studied and considered the requirements and provisions of this Franchise, and believes that the
same are consistent with all Laws. If in the future Franchisee becomes aware that a provision of
this Franchise may be unlawful or invalid, it will not use such potential invalidity to unilaterally
ignore or avoid such provision. Instead, Franchisee will promptly advise Renton of the potential
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invalidity or illegality, and the Parties will meet within thirty (30) days and endeavor jointly to
amend this Franchise to cure the invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the provisions
of any applicable Laws, as they exist or may be amended. The express terms and conditions of
the Franchise constitute a valid and enforceable contract between the Parties, subject to any
Laws.
3.7 Existing Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
places within Renton (but which are not a part of the Franchise Area as defined by this Franchise)
may be maintained, repaired and operated by Franchisee at the location where such Facilities
exist as of the effective date of this Franchise for the term of this Franchise; provided, however,
that no such Facilities may be enlarged, improved or expanded without Renton’s prior review,
written consent, and approval pursuant to the provisions of any applicable Laws.
SECTION IV: Term
4.1 Length of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee’s acceptance of the terms and conditions of this Franchise and the City Council’s
passage of this ordinance, and shall remain in effect for ten (10) years, unless it is terminated
pursuant to Section XVII, Termination, Violations, and Remedies. At any time not more than two
(2) years nor less than one hundred and eighty (180) days before the expiration of the Franchise
Term, Franchisee may make a written request and Renton may consider, at its sole discretion,
renewing this Franchise for an additional five (5) year renewal period, unless either party
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expresses its intention in writing to terminate this Franchise at the conclusion of the ten (10) year
term.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended on
a year‐to‐year basis until the Franchise is renewed, terminated or extended.
SECTION V: Recovery of Costs
5.1. Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by Renton
that are directly related to receiving and approving a permit, license and this Franchise, to inspect
plans and construction, or for the preparation of a detailed statement pursuant to SEPA (RCW
Chapter 43.21C). Where Renton incurs actual administrative expenses, including but not limited
to fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney
Department, for review or inspection of activities undertaken through the authority granted in
this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall provide
Franchisee with an itemized invoice identifying the administrative expenses incurred. Renton
employee time shall be calculated based on their rate of salary, including applicable overtime,
benefits and reasonable overhead, and all other costs will be billed based on an actual cost basis.
5.2. Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
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5.3. Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas
business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose
a franchise fee or any other Cost of whatever nature or description upon Franchisee as is
consistent with federal law.
5.4. Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5. Permit Fee: Franchisee shall be subject to all permit fees associated with activities
undertaken through the authority granted in this Franchise or under Laws.
5.6. Emergency Fee: Franchisee shall promptly reimburse Renton for any and all Costs
incurred by Renton while responding to any emergency involving public safety.
5.7. Reimbursement period: Franchisee shall reimburse Renton within forty‐five (45)
days of Renton’s submittal of an itemized billing for reasonably incurred Costs, itemized by
project, for Franchisee’s proportionate share of all actual, identified expenses incurred by Renton
in planning, constructing, installing, repairing, altering, or maintaining any city facility due to the
presence in the Public Way of Franchisee’s Facilities.
SECTION VI: Assignment and Transfer of Franchise
6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit
to be forfeited this Franchise, either in whole or in part, without the written consent of the City
Council of Renton by passage of an ordinance or resolution. Such consent shall not be deemed
to waive any of Renton’s rights to subsequently enforce Franchise related non‐compliance issues
that existed at or before Renton’s consent. Any telecommunications assignee or transferee shall,
at least thirty (30) days prior to the date of any assignment or transfer, file written notice of the
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assignment or transfer with Renton, together with its written acceptance of all of the Franchise
terms and conditions. The Franchise terms and conditions shall be binding upon the Parties'
respective assigns and successors. Notwithstanding the foregoing, Franchisee may pledge the
Franchise for security purposes only with the City Council’s consent, and consent shall be
required for Franchisee to transfer the Franchise or Facilities to a creditor. The rights of any
transferee are subject at all times to the terms and conditions of this Franchise, and no transferee
will have any greater rights under this Franchise than the rights of Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent, Franchisee
shall file with Renton a written instrument evidencing such sale, assignment or transfer of
ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all of its terms
and conditions.
SECTION VII: Compliance with Laws ‐ Reservation of Powers and Authority
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in this
Franchise or not.
7.2. Incorporation of RMC 5‐19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5‐19 are fully incorporated
by reference into this franchise agreement, unless this agreement requires something different.
7.3. Legitimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
matter and such municipal interest and consistent with its legal obligations, Franchisee shall
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cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither Party shall invoke this Franchise as a basis to assert that its consideration of a given issue
is excused by operation of the doctrines of estoppel or waiver.
7.4. Reference to Specific Law or Order: Upon a reasonably justified written inquiry by
Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the
WUTC order or action establishing a basis for Franchisee’s actions related to a specific Franchise
issue.
SECTION VIII: Non‐exclusive Franchise
8.1 Non‐exclusive: As provided in subsection 3.4, this Franchise is non‐exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee’s
use and placement of its Facilities in any Rights‐of‐Way and/or any Franchise Area.
8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit or
affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s jurisdiction
over the Franchise Area. The Parties agree that Renton reserves and retains all of its statutory,
inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX: Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
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9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee’s Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
such Facilities in relation to existing Franchise Area, collectively referred to as the “Plans.” The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as‐built
plans and, when available, digital facility location data in a format compatible with Renton’s
geographic Information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably withheld
or delayed after submission of a complete application. Franchisee shall further inform Renton of
any time or date that Franchisee is performing Work within the Franchise Area to allow Renton
to inspect such work.
9.3 Boring Required: Work involving undergrounding of Franchisee’s facilities within
city streets shall be accomplished through boring rather than open trenching whenever
reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
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9.4 Facility Placement: The Parties intend that the specific location of Facilities within
the Franchise Area (and similar facility‐related matters of a specific nature requiring detailed
case‐by‐case analysis) is to be determined in accordance with applicable Laws (including, without
limitation, rights of appeal).
9.5 Lateral Support: Whenever Work on Facilities have caused or contributes to a
condition that in the City of Renton’s sole determination would substantially impair or
substantially impairs the lateral support of the Franchise Area, Renton may direct Franchisee, at
Franchisee’s sole expense, to take such actions as are reasonably necessary within the Franchise
Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to take prompt
action, or if an emergency situation requires immediate action, Renton may enter the Franchise
Area and take any action necessary to protect the public, any Public Way, Public Property, and
Rights‐of‐Way, and Franchisee shall be liable to Renton for all costs, fees, and expenses resulting
from that necessary action. This provision shall survive the expiration, revocation or termination
of this Franchise for a period of five (5) years.
9.6 Limits on Construction: No park, public square, golf course, street Rights‐of‐Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.7 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee shall,
upon the Renton’s request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
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and approved by Renton as sufficient to ensure performance of Franchisee’s obligations under
this Franchise. Franchisee shall post a Performance Bond in the amount of twenty‐five thousand
dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond shall be
conditioned so that Franchisee shall observe all the covenants, terms and conditions and shall
faithfully perform all of the obligations of this Franchise, and to repair or replace any defective
work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee’s obligations under the Franchise, including, but not limited to,
Franchisee’s payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
Franchisee’s performance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton’s bond requirements by
posting a single on‐going performance bond in an amount approved by Renton.
9.8 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton, and
be warranted for at least two (2) years. Franchisee’s activities (including work done at
Franchisee’s direction or on its behalf) shall not damage or interference with other franchises,
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licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably
interfere with public travel, park uses, other municipal uses, adjoining property, and shall not
endanger the safety of or injure persons and property. Franchisee’s Work shall comply with all
applicable Laws.
9.9 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with city standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on‐site testing, such as compaction tests, shall be borne by Franchisee.
9.10 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirements established by the Department of Transportation, at its own
cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify
Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If
Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give
Franchisee notice of the damage and set a reasonable time limit in which Franchisee must repair
the damage. In the event Franchisee does not make the repair as required in this section, Renton
may repair the damage, to its satisfaction, at Franchisee’s sole expense.
9.11 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities) or
an approved equivalent, and shall comply with all applicable Laws.
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9.12 Restoration Requirements: Franchisee shall after Work on any of Franchisee’s
Facilities within the Franchise Area, restore the surface of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work.
All restoration of Rights‐of‐Way, sidewalks and other improvements or amenities shall conform
to the City of Renton Standard Specifications for Road, Bridge and Municipal Construction and
the City of Renton’s Trench Restoration Standards in effect at that time, and must be warranted
for at least two (2) years. Restoration shall include all landscaping, irrigation systems and trees.
Renton shall have final approval of the condition of the Franchise Area after restoration pursuant
to applicable Laws, as they exist or may be amended or superseded, provided that such
provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.13 Survey Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332‐120 (Survey Monuments – Removal or Destruction),
and other applicable Laws.
9.14 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton’s notice within thirty (30)
days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee’s sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
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9.15 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee to
install any new telecommunications lines or Facilities without Renton’s express prior written
consent, including for example, permits as provided for in this Section IX.
SECTION X: Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs caused
by any construction delays to Renton or to any contractor working for Renton due to Franchisee’s
failure to submit and adhere to Franchisee’s plans and schedule in relocating or installing
Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at Renton’s
request, also attend construction meetings pertaining to performance of Work within the
Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the Party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided that:
(a) such joint use shall not unreasonably delay the work of the Party causing the excavation to be
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made; and (b) such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise Area.
Franchisee shall cooperate with Renton and explore opportunities for joint use of the Franchise
Area utility facilities that are consistent with applicable Laws and prudent utility practices.
SECTION XI: Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
Franchisee shall first obtain Renton’s approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton’s approval on each occasion such product is applied in
accordance with such procedure. Franchisee shall notify Renton of any accident by Franchisee
involving Franchisee’s use of Hazardous Substances within the Franchise Area.
11.2 Release of Hazardous Substance: Upon notice or discovery of a significant release
of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee to occur
upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall notify Renton
within twenty‐four (24) hours of discovery. If the encountered or suspected Hazardous
Substances are not the result of the acts or omissions of Franchisee, Renton shall, at its own
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expense, determine if the material is hazardous, in accordance with applicable Laws. If the
material is found to be hazardous, Renton shall, at its own expense, if possible remove, dispose,
or otherwise handle such Hazardous Substances, as necessary, in accordance with applicable
Laws. If Hazardous Substances are removed, Renton also shall provide substitute nonhazardous
substance(s) to replace the removed substance for Franchisee to use in its operation, if
necessary. Upon approval by Renton to proceed, Franchisee shall proceed with the operations
at its own cost, with no recourse against Renton for the cost of schedule delays incurred due to
the delay in operation. If the encountered or suspected Hazardous Substances within the
Franchise Area are the result of Franchisee’s acts or omissions, Renton’s characterization of the
substances involved and any removal, disposal, or other handling costs incurred in connection
with the removal, disposal, or handling of the hazardous substances will be at Franchisee’s sole
expense. Franchisee shall be solely responsible for any expense or cost related to environmental
mitigation requirements imposed, by operation of applicable Laws or otherwise.
SECTION XII: Emergency Work ‐ Permit Waiver
12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee’s Facilities within the
Franchise Area pose an immediate danger to the property, life, health or safety of any individual,
Franchisee shall, upon receipt of notification from Renton of the existence of such condition,
immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee’s immediate
action for the protection of Facilities, Renton’s property or any individual’s property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
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obtaining any required permit so long as: (1) Franchisee notifies the Renton Regional Fire
Authority through the dispatch system of the emergency; and (2) Franchisee informs Renton’s
permitting authority of the nature, location, and extent of the emergency, and the work to be
performed, prior to commencing the work if such notification is practical, or where such prior
notification is not practical, Franchisee shall notify Renton’s permitting authority on the next
business day; and (3) such permit is obtained by Franchisee as soon as practicable following
cessation of the emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any
extraordinary costs in responding to an emergency situation involving Franchisee’s Facilities.
SECTION XIII: Records of Installation
13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate Franchisee
to undertake any specific improvements within the Franchise Area, nor shall such plan be
construed as a proposal to undertake any specific improvements within the Franchise Area.
13.2 As‐Built Drawings: Upon Renton’s written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
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showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Design Locates: Upon Renton’s written request, in connection with the design of
any Public Works Project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area.
13.4 Disclosure to Third‐Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any Third‐Party without the prior notice to Franchisee, unless the Third‐Party is
an authorized governmental entity of any tier or a public records requestor. Renton will provide
Franchisee with notice of any public records request for Franchisee paperwork as soon as
reasonably practicable.
13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV: Undergrounding of Facilities
Undergrounding Required for New Facilities: Consistent with RMC 4‐6‐090.C
(Applicability), all new Facilities installed within the Franchise Area during the term of this
Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in
Renton’s reasonable estimation for it to be done; provided that installation of wires, cables,
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conduits and similar equipment will be permitted and installed pursuant to the provisions of any
applicable Laws, and subject to and accordance with any applicable Tariffs on file with the WUTC.
In areas where all existing telecommunications and cable facilities are located aboveground,
Franchisee may install its Facilities above ground. Any new Facilities to be located above ground
shall be placed on existing utility poles. No new utility poles shall be installed in connection with
placement of new aboveground Facilities.
SECTION XV: Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities,
improvements and infrastructure, and capital improvement projects, and should any conflict
arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton’s
utilities, improvements and infrastructure and capital improvement projects, provided that,
whenever Renton undertakes (or causes to be undertaken) any public works improvement within
the Franchise Area, and such public works improvement necessitates the relocation of
Franchisee’s then existing Facilities within the Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation;
and
b. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement.
15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
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Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton’s final plans and specifications for incorporation into Renton’s
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton’s project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton, except that if Renton pays for or reimburses
the relocation costs of another telecommunications utility, under materially identical
circumstances, it shall pay for or reimburse a proportionate share of Franchisee’s relocation
costs. The relocation completion date will be included in Renton’s written request for said
relocation to Franchisee. Franchisee shall be solely responsible for any associated cost caused by
any construction delays to Renton’s project due to Franchisee’s failure to comply with
Franchisee’s plans and schedule in relocating or installing Franchisee’s Facilities.
15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee’s Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee’s sole expense.
15.4 Third‐Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee’s Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any Third‐Party to undertake work (other
than work undertaken at Renton’s cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
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time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee’s Facilities.
15.5 Third‐Party Construction of City Identified Project: Any condition or requirement
imposed by Renton upon any Third‐Party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation) which
requires the relocation of Franchisee’s Facilities within the Franchise Area, then Franchisee shall
relocate its Facilities; provided, however, in the event Renton reasonably determines and notifies
Franchisee that the primary purpose of imposing such condition or requirement upon such Third‐
Party is to cause or facilitate the construction of a Public Works Project to be undertaken within
a segment of the Franchise Area on Renton’s behalf and consistent with Renton’s Capital
Investment Plan; Transportation Improvement Program; or the Transportation Facilities
Program, then only those costs and expenses incurred by Franchisee in reconnecting such
relocated Facilities with Franchisee’s other Facilities shall be paid to Franchisee by such Third‐
Party, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise
Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are suitable
to accommodate the work which would otherwise necessitate relocation of Franchisee’s
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Facilities. In evaluating such alternatives, Renton shall give each alternative proposed by
Franchisee fair consideration with due regard to all facts and circumstances which bear upon the
practicality of relocation and alternatives to relocation. If Renton determines that such
alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in subsection
15.1.
15.7 Non‐Franchise Area: Nothing shall require Franchisee to bear any cost or expense
in connection with the location or relocation of any Facilities existing under benefit of easement
or other rights not arising under this Franchise.
15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the costs
of defending Renton against any and all Third‐Party actions, claims, damages, liabilities, or suits
for delays on Renton’s construction projects arising from or caused by Franchisee’s failure to
remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for
damages due to delays that were out of Franchisee’s reasonable or expected control.
SECTION XVI: Abandonment and Discontinuance of Franchisee’s Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. Any
plan for abandonment or removal of Franchisee’s Facilities within the Franchise Area must be
first approved by the Administrator, and all necessary permits must be obtained prior to such
Work.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall, within
one hundred and twenty (120) days after the abandonment or permanent cessation of use,
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remove the Facilities at Franchisee’s sole expense. However, with Renton’s express written
consent, Franchisee may, at Franchisee’s sole cost and expense, secure the Facilities in such a
manner as to cause it to be as safe as is reasonably possible, by removing all lines, conduits and
appurtenances, in compliance with all Laws, and abandon them in place, provided that any
aboveground Facilities shall be removed at Franchisee’s sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre‐installation
or better condition. Such restoration work shall be done at Franchisee’s sole cost and expense
and to Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the Facilities
and/or fails to restore the premises or take such other mutually agreed upon action, Renton may,
after reasonable notice to Franchisee, remove the Facilities, restore the premises or take such
other action as is reasonably necessary at Franchisee’s sole expense and Renton shall not be
liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive and
shall not prevent Renton from seeking a judicial order directing Franchisee to remove its
Facilities.
16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re‐secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton’s sole discretion, that removal, alteration or re‐securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in which
case Franchisee shall perform such work its sole expense.
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16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII: Termination, Violations, and Remedies
17.1 Termination: If the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within thirty (30)
days of Renton providing Franchisee with written notice specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
within thirty (30) days, within such other reasonable period of time as the Parties may agree
upon, Renton may terminate this Franchise, without any penalty, liability, cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated except upon a
majority vote of the City Council, after reasonable notice to Franchisee (which notice shall be
given at least thirty (30) days before the hearing) and an opportunity to be heard, provided that
if exigent circumstances necessitate immediate termination, the hearing may be held as soon as
possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the
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dispute resolution requirements shall not be applicable. Once Franchisee’s privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular remedy
at any time shall not waive Renton’s right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee from
any liability or obligation with respect to any matter occurring prior to such termination, and shall
not release Franchisee from any obligation to remove and secure its Facilities and to restore the
Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The Parties
further acknowledge that they may not have an adequate remedy at law if the other Party
violates such covenant. Therefore, in addition to any other rights they may have, the Parties shall
have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any
breach or threatened breach, or to specifically enforce any of the Franchise covenants should the
other Party fail to perform them.
17.8 Renton’s Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any remedy, including but
not limited to those detailed in Sections XVIII – XX below, alone or in combination, in the event
Franchisee violates any material provision of this Franchise. The remedies provided for in this
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Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the
exercise of another or any rights of Renton at law, in equity, or by statutes, unless specifically
waived in this Agreement or in a document signed by both parties.
SECTION XVIII: Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the nature
of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall provide
a written response to Renton acknowledging receipt of notice and stating Franchisee’s response.
Franchisee has thirty (30) days (“cure period”) from the date of the notice’s mailing to:
a. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2, or;
b. Cure the alleged default, or;
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30) days,
due to the nature of the default. Notwithstanding such notice, Franchisee shall promptly
take all reasonable steps to begin to cure the alleged default and notify Renton in writing
and in detail as to the actions that Franchisee will take and the projected completion date.
In such case, Renton may set a meeting in accordance with subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the alleged
default. Renton shall notify Franchisee of the meeting in writing and the meeting shall take place
not less than ten (10) days after Franchisee’s receipt of notice of the meeting. Each Party shall
appoint a representative who shall attend the meeting, represent their party’s interests, and who
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shall exercise good faith to reach an agreement on any alleged default and/or any corrective
action to be taken. Any dispute (including any dispute concerning the existence of or any
corrective action to be taken to cure any alleged default) that is not resolved within ten (10) days
following the conclusion of the meeting shall be referred by the Parties’ representatives in writing
to the Parties’ senior management for resolution. If senior management is unable to resolve the
dispute within twenty (20) days of referral (or such other period as the Parties may agree upon),
each Party may pursue resolution of the dispute through Section XIX, Arbitration, of this
Franchise. All negotiations pursuant to these procedures for the resolution of disputes shall be
confidential and shall be treated as compromise and settlement negotiations for purposes of the
state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or agree
upon the existence of a default or the corrective action to be taken to cure any alleged default,
Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise’s provisions, and/or;
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of
Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee
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Facilities (excluding project delay claims exceeding thirty thousand dollars ($30,000)) of
this Franchise (the “Arbitration Claims”), and/or;
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non‐Arbitration Claims, obligations under this Franchise and/or;
d. Take any action to which it is entitled under this Franchise or any applicable Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
SECTION XIX: Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost‐effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
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limited to, labor of any contractors and/or subcontractors); all pre‐arbitration costs and expenses
of consultants, attorneys, accountants, professional and other services; and all taxes, insurance,
interest expenses, overhead and general administrative costs and expenses, and other costs and
expenses of any kind incurred in connection with the dispute. The arbitrator may award
equitable relief in those circumstances where monetary damages would be inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision. The
award rendered by the arbitrators shall be final, binding and non‐appealable, and judgment upon
such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party’s case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or records
that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the arbitrator’s
decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the prevailing
party in any two (2) arbitration proceedings brought by such party pursuant to this Section XIX,
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then such party shall be entitled to recover all reasonably incurred Costs, including attorneys’
fees, for any subsequent arbitration brought by them in which they are found to be the prevailing
party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post‐hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to the
extent such cost might be allowed by a court as court costs.
SECTION XX: Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee to
seek or obtain judicial relief from a violation of any Franchise provision or any rule, regulation,
requirement or directive promulgated for non‐Arbitration Claims. Neither the existence of other
Franchise remedies nor the use of such remedies shall bar or limit the right of Renton or
Franchisee to recover monetary damages for violations by the other Party, or to seek and obtain
judicial enforcement of the other Party’s obligations by means of specific performance, injunctive
relief or mandate, or any other remedy at law or in equity.
SECTION XXI: Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any Laws,
this Franchise shall govern and supersede and shall not be altered, limited, supplemented or
otherwise amended by any permit, approval, license, agreement or other document required by
or obtained from Renton in conjunction with Franchisee’s exercise or failure to exercise any and
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all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and conditions
of this Franchise. In the event of any conflict or inconsistency between the provisions of
this Franchise and the provisions of any such permit, approval, license, agreement or
other document, except as expressly required by Laws and/or superseded by such permit,
approval, license, agreement or other document, the Franchise provisions shall control.
SECTION XXII: Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or property,
including reasonable attorneys’ and experts’ fees and/or costs incurred by Renton in its defense,
arising out of or related to, directly or indirectly, to Franchisee’s Work or abandonment of
Facilities, or from the existence of Franchisee’s Facilities, and the products contained in,
transferred through, any signals or emissions from the Facilities, released or escaped from the
Facilities, including the reasonable costs of assessing such damages and any liability for costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under
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any Laws, including, but not limited to, Environmental Laws, and any action, claim, cost, damage,
death, expense, harm, injury, liability, or loss, to persons or property which is caused by, in whole
or in part, and only to the extent of, the willfully tortious or negligent acts or omissions of
Franchisee or its agents, contractors (of any tier), employees, representatives or trainees related
to Franchisee’s granted Franchise privileges. If any action or proceeding is brought against
Renton by reason of Franchisee’s Facilities, Franchisee shall defend Renton at Franchisee’s sole
expense, provided that, for uninsured actions or proceedings, defense attorneys shall be
approved by Renton, which approval shall not be unreasonably withheld. The terms of this
section shall not require Franchisee to indemnify Renton against and hold harmless Renton from
claims, demands or suits based upon Renton’s negligent or willful conduct, and provided further
that if the claims or suits are caused by or result from the concurrent negligence of (a) the
Franchisee’s agents, officers, or employees and (b) Renton, this provision with respect to claims
or suits based upon such concurrent negligence shall be valid and enforceable only to the extent
of Franchisee’s negligence or the negligence of Franchisee’s agents or employees except as
limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss, either at law or in equity, to persons or property, including,
but not limited to, costs and reasonable attorneys’ and experts’ fees incurred by Renton, arising
directly or indirectly from: (a) Franchisee’s breach of any environmental Laws or Laws applicable
to the Facilities, or (b) from any release of a hazardous substance on or from the Facilities, or (c)
other activity related to this Franchise by Franchisee. This indemnity includes, but is not limited
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to, (a) liability for a governmental agency’s costs of removal or remedial action for Hazardous
Substances; (b) damages to natural resources caused by Hazardous Substances, including the
reasonable costs of assessing such damages; (c) liability for any other person’s costs of
responding to Hazardous Substances; (d) liability for any investigation, abatement, correction,
cleanup, costs, fines, penalties, or other damages arising under any Laws; and (e) liability for
personal injury, property damage, or economic loss arising under any statutory or common‐law
theory or Laws.
22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this section
shall include assuming potential liability for actions brought by Franchisee’s own employees and
the employees of Franchisee's agents, representatives, contractors (of any tier) even though
Franchisee might be immune under RCW Title 51 from direct suit brought by such employees. It
is expressly agreed and understood that this assumption of potential liability for actions brought
by the aforementioned persons is limited solely to claims against Renton arising by virtue of
Franchisee’s exercise of the privileges set forth in this agreement. The obligations of Franchisee
under this section have been mutually negotiated by the Parties, and Franchisee acknowledges
that Renton would not enter into this agreement without Franchisee’s waiver of immunity. To
the extent required to provide this indemnification and this indemnification only, Franchisee
waives its immunity under Title 51 RCW as provided in RCW 4.24.115 (Validity of agreement to
indemnify against liability for negligence relative to construction, alteration, improvement,
etc.,…).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for
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negligence relative to construction, alteration, improvement, etc.,…), as it exists or may be
amended, 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 Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
officials, officers, officials, employees, and volunteers, and or the contractor, the party’s liability
shall be only to the extent of the party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights under
this section is presented to or filed with Renton, Renton shall promptly attempt to notify
Franchisee in accordance with Section XXV of this Franchise, and Franchisee shall have the
privilege, at its election and at its sole costs and expense, to settle and compromise such matter
as it pertains to Franchisee’s responsibility to indemnify, defend and hold harmless Renton. In
the event any suit or action is started against Renton based upon any such matter, Renton shall
likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its
election and at its sole cost and expense, to settle and compromise such suit or action, or defend
the same at its sole cost and expense, by attorneys of its own election, as it pertains to
Franchisee’s responsibility to indemnify, defend and hold harmless Renton. Franchisee’s
indemnification obligations do not apply to the extent that Renton fails to provide attempt to
notice in accordance with Section XXV of this Franchise, and such failure materially prejudices
Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury,
liability, or loss of any kind.
22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit or
action” and Franchisee refuses to defend and indemnify Renton, as referenced in subsection 22.2
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
39
and Renton is determined to be without fault for the claim or demand giving rise to such "suit or
action,” Franchisee shall reimburse Renton for a percentage of Renton’s total defense costs. The
percentage of Renton’s total defense costs to be reimbursed shall be a percentage equal to the
percentage (if any) of fault attributable to Franchisee for the claim or demand giving rise to such
“suit or action.”
22.8 Survival: The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in subsection
22.2 occurred during the Franchise term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII: Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration of the
Franchise, insurance, or provide evidence of self‐insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self‐insurance, together with an blanket additional insured
endorsement on the general and automotive liability policies, including Renton as an additional
insured as their interest may appear under this Agreement upon Franchisee’s acceptance of this
Franchise, and such insurance certificate shall evidence the following coverages:
a. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, premises‐operations, explosion, collapse and hazard,
underground hazard (XCU) and products completed hazard, with limits of five million
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
40
dollars ($5,000,000) for each occurrence for bodily injury and property damage and five
million dollars ($5,000,000) general aggregate;
b. Commercial automobile liability for owned, non‐owned and hired vehicles with a
combined single limit of three million dollars ($3,000,000) each accident for bodily injury
and property damage;
c. Worker’s Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution liability with a limit not less than one million dollars ($1,000,000) for each
occurrence, and two million dollars ($2,000,000) in the aggregate, for pollution condition
arising out of or resulting from the use and occupancy of the premises and the operations
conducted thereon.
23.2 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer’s liability.
23.3 Additional Insured: Renton, its officers, officials, employees, and volunteers shall
be included as an additional insured as their interest may appear under this Agreement on the
commercial general liability and commercial automobile liability insurance, as respects work
performed by Franchisee and the blanket additional insured endorsement shall be included with
on the certificate of insurance or certification of self‐insurance.
23.4 Primary Insurance: Franchisee’s insurance shall be primary insurance with respect
to Renton. Any insurance maintained by Renton shall be in excess of Franchisee’s insurance and
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
41
shall not contribute with it. Franchisee shall give Renton thirty (30) days prior written notice by
certified mail, return‐receipt requested, of suspension, cancellation, or material change in
coverage.
23.5 Cancellation: Upon receipt of notice from its insurer(s) Franchisee shall provide
the City of Renton with thirty (30) days prior written notice of cancellation In the event of
cancellation or a decision not to renew, Franchisee shall obtain and furnish to Renton evidence
of replacement insurance policies meeting the requirements of this section before the
cancellation date.
23.6 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self‐insurance required by this section upon acceptance
of this Franchise. The certificates and blanket additional insured endorsement shall be signed by
a person authorized by the insurer to bind coverage on its behalf and must be received and
approved by Renton prior to the commencement of any Work.
23.7 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
23.8 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
42
SECTION XXIV: Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and
employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or
representatives shall 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 or in the
administration of the delivery of services or any other benefits under this agreement. Franchisee
shall comply fully with all applicable Laws that prohibit such discrimination. A copy of this
language must be made a part of any contractor or subcontractor agreement.
SECTION XXV: Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be in
writing and directed to the recipient at the address set forth below, unless written notice of
change of address is provided to the other Party. Any notice or information required or permitted
to be given to the Parties under this Franchise may be sent to following Addresses unless
otherwise specified:
City Address:
City of Renton
Administrator, Public Works Department
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430‐7311
Company Address:
XO Communications Services, LLC
ATTN: Franchise manager
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
43
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038
With Copies to:
XO Communications Services, LLC
1320 N. Courthouse Road, Suite 900
Arlington, VA, USA 22201
Attn: Vice President and Deputy General Counsel, Network Operations
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is not a
legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e‐mail or certified‐mail. All notices shall be deemed complete
upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e‐mailed transmission of any
signed original document and retransmission of any signed facsimile transmission shall be the
same as delivery of an original document.
SECTION XXVI: Miscellaneous
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an “as is” condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee’s
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights‐of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
remain solely and separately liable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
44
26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties’ respective successors and assignees.
26.3 Attorneys’ Fees: Except as provided in Section XIX, if a suit or other action is
instituted in connection with any controversy arising out of this Franchise, the prevailing party
shall be entitled to recover all of its Costs, including such sum as the court may judge as
reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment
or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise between
the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise.
26.5 Contractors (of any tier): Franchisee’s contractors may act on Franchisee’s behalf
to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for
ensuring that Franchisee’s contractors have every obligation, duty and responsibility that
Franchisee has in discharging its duties related to this Franchise agreement.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall be
attributed to the right to occupy the Franchise Area.
26.7 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee’s performance shall be excused during the Force Majeure
occurrence. Upon removal or termination of the Force Majeure occurrence Franchisee shall
promptly perform the affected obligations in an orderly and expedited manner under this
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
45
Franchise or procure a substitute for such obligation or performance that is satisfactory to
Renton. Franchisee shall not be excused by mere economic hardship or by misfeasance or
malfeasance of its directors, officers or employees. Events beyond Franchisee’s reasonable
control include, but are not limited to, Acts of God, war, acts of domestic terrorism or violence,
civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty, shortages of
labor or materials, government regulations or restrictions and extreme weather conditions.
Franchisee shall use all commercially reasonable efforts to eliminate or minimize any delay
caused by a Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed
or comply with any notice that Renton may give to Franchisee under the Franchise provisions, at
the election of the Renton City Council, this Franchise may be revoked or annulled after a hearing
held upon reasonable notice to Franchisee (which notice shall be given at least thirty (30) days
before the hearing), and upon such revocation, all privileges conferred under this Franchise shall
be forfeited.
26.9 Franchisee’s Acceptance: Renton may void this Franchise ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final
passage of same by the Renton City Council. Franchisee shall file this acceptance with the City
Clerk of the City of Renton.
26.10 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
46
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce
or interpret this Franchise or any of its terms or shall be in the United States District Court for the
Western District of Washington, in Seattle, Washington, or in the King County Superior Court for
the State of Washington at the Maleng Regional Justice Center, Kent, Washington.
26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee Franchisee’s
Work. This Franchise is not intended to acknowledge, create, imply or expand any duty or liability
of Renton with respect to any function in the exercise of its police power or for any other purpose.
Any duty that may be deemed to be created in Renton by this Franchise shall be deemed a duty
to the general public and not to any specific party, group or entity.
26.13 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved Tariff(s) affecting the provision of this Franchise.
26.14 Other Obligations: This Franchise shall not alter, change or limit Franchisee’s
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
47
26.15 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmental or police powers of Renton, including the
right to create new Laws or modify existing Laws.
26.16 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the public during regular
business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records Act).
26.17 Section Headings: The Section headings in this Franchise are for convenience only,
and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of
the section to which they pertain.
26.18 Severability: In the event that a court or agency of competent jurisdiction declares
a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties shall
negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.19 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition applicable
to such matters shall survive the expiration or termination of this Franchise to the extent such
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
48
survival can be reasonably inferred under the circumstances presented and to the extent such an
inference is necessary to prevent substantial injustice to an injured party.
26.20 Third‐Parties: The Parties do not create any obligation or liability, or promise any
performance to, any Third‐Party, nor have the Parties created any Third‐Party right to enforce
this Franchise beyond what is provided for by Laws. “Third‐Parties” are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any Third‐Party to either Party.
26.21 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
SECTION XXVII: Effective Date
This ordinance shall be in full force and effect five (5) days after publication of a summary
of this ordinance in the City’s official newspaper, and provided it has been duly accepted by
Franchisee. The summary shall consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
49
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1985:9/21/17:scr
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
50
UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above‐granted franchise, subject to
all the terms, conditions, and obligations of this Franchise.
DATED: _________________, 2017.
XO COMMUNICATIONS SERVICES, LLC
____________________________________
Robert F. McGee
____________________________________
Director Network Engineering & Operations
AGENDA ITEM # 8. a)
ORDINANCE NO. ________
51
Attachment 1
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE
PROPERTY TAX LEVY FOR THE YEAR 2018 FOR GENERAL CITY OPERATIONAL
PURPOSES IN THE AMOUNT OF $19,400,000.
WHEREAS, the Council has met and considered its budget for the fiscal year 2018; and
WHEREAS, the Council, after hearing and considering all relevant evidence and testimony
presented, determined that, in order to discharge the expected expenses and obligations of the
City and in its best interest, the City of Renton requires a regular property tax levy in the amount
of $19,400,000 for 2018;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The regular property tax levy is hereby authorized for 2018 in the amount
of $19,400,000.
This amount includes new construction and improvements to property in the amount of
$405,847; re‐levy of prior year refunds in the amount of $66,309; adjustments as a result of
annexations that have occurred in the amount of $0; and any increase in the value of state‐
assessed property.
SECTION II. The regular levy includes levy for the Firemen’s Pension at the rate of
$0.225 per $1,000 assessed valuation.
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
AGENDA ITEM # 8. b)
ORDINANCE NO. _________
2
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1996:10/23/17:scr
AGENDA ITEM # 8. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY
OF RENTON FISCAL YEARS 2017/2018 BIENNIAL BUDGET AS ADOPTED BY
ORDINANCE NO. 5824 AND THEREAFTER AMENDED BY ORDINANCE NOS. 5835
AND 5850, IN THE AMOUNT OF $14,357,394.
WHEREAS, on November 21, 2016, the City Council adopted Ordinance No. 5824
approving the City of Renton’s 2017/2018 Biennial Budget; and
WHEREAS, on April 24, 2017, the Council adopted Ordinance No. 5835 carrying forward
funds appropriated in 2016, but not expended in 2016 due to capital project interruptions and
delays in invoice payments, which needed to be carried forward and appropriated for
expenditure in 2017; and
WHEREAS, on July 17, 2017, the Council adopted Ordinance No. 5850 making minor
corrections and recognizing grants, contributions and associated costs, and new cost items not
included in the budget requiring additional adjustments to the 2017/2018 Biennial Budget; and
WHEREAS, pursuant to Chapter 35A.34 RCW the Council is required to provide for a mid‐
biennial review, and any modification thereto 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, it is necessary to amend the City of Renton’s 2017/2018 Biennial Budget to
create a new Family First Center Development Fund 346 to better track the resources and costs
related to this project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 8. c)
ORDINANCE NO. _______
2
SECTION I. Ordinance Nos. 5824, 5835 and 5850 establishing the City of Renton’s
2017/2018 Biennial Budget are hereby amended in the total amount of $14,357,394 for an
amended total of $564,346,276 over the biennium.
SECTION II. The 2017 Mid‐Biennial Budget Adjustment Summary by Fund is hereby
attached as Exhibit A and the 2018 Mid‐Biennial 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 in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _______________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1994:10/24/17:scr
AGENDA ITEM # 8. c)
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8
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1
11
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9
6
6
94
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6
0
8
(9
4
,
6
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8
)
‐
01
1
FI
R
E
AN
D
EM
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R
G
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SV
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& WE
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L
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‐
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2
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8
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2
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9
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3
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3
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t
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Fu
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26
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5
6
3
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7
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26
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5
6
3
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7
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5
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9
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2
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7
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4
8
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63
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8
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66
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4
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27
6
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6
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5
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1
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1
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8
4
11
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40
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6
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6
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26
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0
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9
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6
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6
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6
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5
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4
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5
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5
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11
7
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9
5
0
35
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0
4
4
35
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0
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4
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7
CA
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39
4
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5
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4
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6
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6
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6
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5
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4
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5
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33
4
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0
2
5
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33
4
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0
2
5
‐
‐
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33
4
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0
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5
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4
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5
30
3
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5
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1
9
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1
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4
FI
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7
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1
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1
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0
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6
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6
9
6
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4
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7
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4
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7
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8
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7
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7
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31
6
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15
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0
3
8
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0
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0
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7
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6
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5
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7
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6
4
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4
9
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6
4
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4
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61
8
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6
7
2
32
6
HO
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5
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1
7
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5
0
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0
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41
,
1
7
3
33
6
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1
2
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6
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3
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3
7
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6
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T
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2
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2
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4
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9
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6
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1
6
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7
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5
6
3
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3
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5
9
9
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3
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7
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1
8
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8
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1
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1
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4
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,
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0
0
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5
1
4
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4
9
3
40
4
GO
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S
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& CA
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3
7
,
0
8
8
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8
2,
8
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4
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8
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3
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2
8
8
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6
3
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2
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8
4
4
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5
4
9
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6
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2
9
5
40
5
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T
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A
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& CA
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8
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5
2
8
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9
3
4
‐
28
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5
2
8
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9
3
4
17
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1
8
0
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5
2
6
3,
4
5
5
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7
4
2
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6
3
6
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2
6
8
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3
4
7
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1
5
4
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4
5
6
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4
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6
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8
0
3
,
6
0
0
10
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3
6
1
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6
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2
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,
3
4
6
,
9
8
4
)
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0
1
4
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6
1
8
40
6
WA
S
T
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W
A
T
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R
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R
A
T
I
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& CA
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T
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1
8
,
8
5
4
,
3
2
0
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,
8
5
4
,
3
2
0
30
,
7
7
0
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6
2
9
1,
6
3
3
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6
2
4
32
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4
0
4
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2
5
3
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0
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3
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5
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9
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7
0
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9
8
6
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7
4
4
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4
9
5
11
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5
1
4
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0
7
8
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,
0
6
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1
6
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4
4
4
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9
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7
SU
R
F
A
C
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WA
T
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& CA
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1
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8
9
3
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9
7
5
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8
9
3
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9
7
5
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5
5
7
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7
5
6
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6
6
5
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8
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2
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2
2
3
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5
5
8
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8
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5
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7
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7
2
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2
0
3
21
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5
3
3
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9
6
6
7,
5
8
3
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5
6
7
(1
,
3
2
1
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5
4
3
)
6,
2
6
2
,
0
2
4
50
1
EQ
U
I
P
M
E
N
T
RE
N
T
A
L
6,
4
3
2
,
0
5
3
‐
6,
4
3
2
,
0
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3
6,
4
9
4
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3
5
3
‐
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4
9
4
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3
5
3
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7
2
8
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1
1
3
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0
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0
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7
3
3
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1
1
3
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1
9
3
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2
9
3
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1
9
3
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2
9
3
50
2
IN
S
U
R
A
N
C
E
12
,
8
5
2
,
5
0
9
‐
12
,
8
5
2
,
5
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9
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3
9
2
,
3
6
8
‐
7,
3
9
2
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3
6
8
3,
5
7
1
,
1
6
6
‐
3,
5
7
1
,
1
6
6
16
,
6
7
3
,
7
1
1
(1
6
,
5
6
7
,
0
6
1
)
10
6
,
6
5
0
50
3
IN
F
O
R
M
A
T
I
O
N
SE
R
V
I
C
E
S
2,
5
7
0
,
3
7
4
‐
2,
5
7
0
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3
7
4
5,
7
3
1
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7
7
6
19
6
,
7
0
9
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9
2
8
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4
8
5
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8
3
5
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6
3
6
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8
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9
7,
1
2
6
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4
4
5
1,
3
7
2
,
4
1
4
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3
7
2
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4
1
4
50
4
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C
I
L
I
T
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E
S
1,
2
7
5
,
0
5
3
‐
1,
2
7
5
,
0
5
3
5,
0
6
7
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0
1
5
10
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7
0
0
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0
7
7
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7
1
5
5,
1
3
4
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4
3
3
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1
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6
5
8
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3
1
6
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0
9
1
1,
0
3
6
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6
7
7
1,
0
3
6
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6
7
7
50
5
CO
M
M
U
N
I
C
A
T
I
O
N
S
54
2
,
9
2
7
‐
54
2
,
9
2
7
1,
0
7
8
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2
5
3
‐
1,
0
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8
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2
5
3
1,
0
7
6
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4
7
4
‐
1,
0
7
6
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4
7
4
54
4
,
7
0
6
54
4
,
7
0
6
51
2
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A
L
T
H
C
A
R
E
IN
S
U
R
A
N
C
E
4,
1
5
6
,
1
4
8
‐
4,
1
5
6
,
1
4
8
7,
7
8
7
,
7
7
9
‐
7,
7
8
7
,
7
7
9
8,
1
6
3
,
4
7
1
‐
8,
1
6
3
,
4
7
1
3,
7
8
0
,
4
5
6
(2
,
4
4
9
,
0
4
1
)
1,
3
3
1
,
4
1
4
52
2
LE
O
F
F
1
RE
T
I
R
E
E
S
HE
A
L
T
H
C
A
R
E
10
,
0
7
9
,
2
5
1
‐
10
,
0
7
9
,
2
5
1
1,
2
5
5
,
3
2
9
‐
1,
2
5
5
,
3
2
9
1,
0
3
9
,
5
9
4
‐
1,
0
3
9
,
5
9
4
10
,
2
9
4
,
9
8
6
(1
0
,
2
9
4
,
9
8
6
)
‐
61
1
FI
R
E
M
E
N
S
PE
N
S
I
O
N
5,
5
7
8
,
0
4
5
‐
5,
5
7
8
,
0
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3,285,099
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8
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58,502,649 AGENDA ITEM # 8. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4‐1‐190 OF THE RENTON MUNICIPAL CODE, BY AMENDING FIRE PROTECTION
IMPACT FEE REGULATIONS, AND PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Renton Regional Fire Authority (RRFA) was formed in 2016 and the City
and the RRFA have a 2016 Interlocal Agreement that states the RRFA will complete a Capital
Facilities Plan and submit it to the City; and
WHEREAS, the RRFA has submitted a Capital Facilities Plan to the City and requested it be
adopted into the Capital Facilities element of the City’s Comprehensive Plan; and
WHEREAS, the RRFA has also submitted a Rate Study that identifies the rates to be
charged as fire impact fees to new development so that the RRFA can maintain service levels as
growth occurs; and
WHEREAS, the RRFA has requested the rate charged on behalf of the RRFA that is
identified in the Rate Study be listed in the City of Renton Fee Schedule; and
WHEREAS, City code needs to be amended to collect fire impact fees on behalf of the
RRFA rather than directly; and
WHEREAS, the City and the RRFA have negotiated a 2017 Interlocal Agreement providing
for the respective rights and obligations of the City and the RRFA as to the collection and handling
of fire impact fees; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
2
WHEREAS, the Planning Commission held a public hearing on October 4, 2017, and
considered all relevant matters, and heard all parties in support or opposition to the matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The Renton Regional Fire Authority’s Capital Facilities Plan is hereby
adopted by reference as if fully set forth herein as a part of the capital facilities element of the
City of Renton Comprehensive Plan. A copy of the plan adopted herein by reference will be at all
times on file with the City Clerk.
SECTION II. The Renton Regional Fire Authority’s Rate Study is hereby adopted by
reference as if fully set forth herein. A copy of the rate study adopted herein by reference will
be at all times on file with the City Clerk.
SECTION III. Section 4‐1‐190 of the Renton Municipal Code is amended as follows:
4‐1‐190 IMPACT FEES:
A. TITLE:
This Section shall be hereinafter known as “impact fees.”
B. PURPOSE AND INTENT:
The purpose and intent of this Section is to authorize the collection of impact
fees for transportation, parks, fire protection, and schools and to provide for
certain other matters in connection therewith.
C. FINDINGS AND AUTHORITY:
The Renton City Council (hereinafter referred to as “Council”) hereby finds and
determines that development activities, including but not limited to new
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
3
residential, commercial, retail, office, and industrial development in the City of
Renton (hereinafter referred to as “City”) will create additional demand and need
for transportation and parks system improvements in the City, and for school
facilities within its school districts, and for fire protection facilities in the City.
Further, the Council finds that such new growth and development should pay a
proportionate share of the cost of system improvements needed to serve the new
growth and development.
In the Rate Study as defined and hereby incorporated by this reference, the
City has documented its extensive research concerning the procedures for
measuring the impact of new developments on public facilities. In 2016, the City
updated the Rate Study for Transportation. In 2017, the Renton Regional Fire
Authority completed its own Rate Study for Fire Impact Fees.
These Rate Studyies utilizes methodologies for calculating impact fees that are
consistent with the requirements of RCW 82.02.060(1). A copy of the most current
version of the Rate Studyies shall be kept on file by the Renton City Clerk and will
be available to the public for review.
Therefore, pursuant to chapter 82.02 RCW, the Council adopts this Section to
assess impact fees for transportation, and parks and fire protection, as well as,
school impact fees for the Issaquah, Kent, and Renton School Districts and for fire
protection fees for the Renton Regional Fire Authority. The provisions of this
Section shall be liberally construed in order to carry out the purposes of the
Council in providing for the assessment of impact fees.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
4
D. DEFINITIONS:
The words and terms defined below shall have the following meanings for the
purposes of this Section, unless the context clearly requires otherwise. Terms
otherwise not defined herein shall be defined pursuant to RCW 82.02.090 or given
their usual and customary meaning.
1. “Administrator” means the Administrator or designee of the
Department of Community and Economic Development.
2. “Applicant” for the purposes of this Section includes an entity that
controls the applicant, is controlled by the applicant, or is under common control
with the applicant.
3. “Building permit” means an official document or certification which is
issued by the City and which authorizes the construction, alteration, enlargement,
conversion, reconstruction, remodeling, rehabilitation, erection, demolition,
moving, or repair of a building or structure or any portions thereof.
4. “Capital facilities plan” means the capital facilities element of the City’s
Comprehensive Plan adopted pursuant to chapter 36.70A RCW and such plan as
amended.
5. “City” means the City of Renton.
6. “Classrooms” means educational facilities of each respective school
district that the district determines are necessary to best serve its student
population and that are required to house students for its basic educational
program. Specialized facilities as identified by the school district, including but not
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
5
limited to gymnasiums, cafeterias, libraries, administrative offices, and child care
centers, shall not be counted as classrooms.
7. “Construction cost per student” means the estimated cost of
construction of a permanent school facility in the school district for the grade span
of school to be provided, as a function of the school district’s design standard per
grade span and the requirements of students with special needs.
8. “Council” means the Renton City Council.
9. “Department” means the City’s Department of Community and
Economic Development.
10. “Development activity” means any construction or expansion of a
building, structure, or use, any change in use of a building or structure, or any
changes in the use of land, that generates the need for additional public facilities.
11. “Development approval” means any written authorization from the
City of Renton which authorizes the commencement of a development activity.
12. “Elderly” means a person aged sixty two (62) or older.
13. “Encumbered” for Transportation and Parks means to reserve, set
aside, or otherwise earmark impact fees in order to pay for commitments,
contractual obligations, or other liabilities incurred for system improvements. For
School and Fire it means impact fees identified by the district or RRFA as being
committed as part of the funding for a facility for which the publicly funded share
has been assured or building permits sought or construction contracts let.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
6
14. “Feepayer” is any person, collection of persons, or department or
bureau of any governmental entity or municipal corporation commencing a
development activity which creates the demand for additional system
improvements and which requires the issuance of a building permit or a permit
for a change of use. “Feepayer” includes an applicant for an impact fee credit.
15. “Fee Schedule” is the City of Renton Fee Schedule detailing amounts to
be paid for various permits, licenses, etc., that is published, kept on file, and made
available to the public on the City’s website and in the office of the Renton City
Clerk.
16. “Fire capital facilities plan” means the RRFA’s capital improvement plan
adopted by the RRFA’s governing board that includes the following:
a. An inventory of existing capital facilities and equipment owned by
the RRFA, their locations, and capacities.
b. The identification of the demands projected new development is
anticipated to place on existing fire protection facilities and equipment.
c. A forecast of the capital facilities and equipment necessary to meet
the RRFA’s adopted level of service with the increased demand of new
development within the RRFA.
d. The proposed locations of expanded or new capital facilities and
equipment and the associated timeline for construction or expansion.
e. At least a six (6)‐year financing component, updated as necessary to
maintain at least a six (6)‐year forecast period, for financing needed fire protection
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
7
facilities within projected funding levels, and identifying sources of financing for
such purposes, including bond issues.
f. Any other long‐range projects planned by the RRFA.
167. “Fire protection” shall mean fire protection facilities, including but not
limited to fire stations, fire apparatus, and any furnishings and equipment that can
be capitalized.
178. “Grade span” means the categories into which a school district groups
its grades of students, i.e., elementary school, middle or junior high school, and
high school.
189. “Hearing Examiner” shall mean that person or persons acting as the
Renton Hearing Examiner.
1920. “Impact fee” means a payment of money imposed by the City of
Renton on development activity pursuant to this Section as a condition of granting
development approval. An impact fee does not include a reasonable permit fee,
an application fee, the administrative fee for collecting and handling impact fees,
the fee for reviewing independent fee calculations, or the fee for deferring
payment of impact fees.
201. “Impact fee account(s)” means the separate accounting structure(s)
within the City’s established accounts, which structure(s) shall identify separately
earmarked funds and which shall be established for the impact fees that are
collected. The account(s) shall be established pursuant to subsection M of this
Section and shall comply with the requirements of RCW 82.02.070.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
8
212. “Independent fee calculation” means the transportation impact fee
calculation, and/or economic documentation prepared by a feepayer, to support
the assessment of a transportation, parks or fire protection impact fee other than
by the use of the rates published in the City’s Fee Schedule, or the calculations
prepared by the department where none of the fee categories or fee amounts in
the City’s Fee Schedule accurately describe or capture the impacts of the
development activity on public facilities.
223. “Owner” means the owner of record of real property, although when
real property is being purchased under a real estate contract, the purchaser shall
be considered the owner of the real property if the contract is recorded.
234. “Parks” shall mean parks, open space, and recreation facilities
including but not limited to land, improvements, and any furnishings and
equipment that can be capitalized.
245. “Permanent school facilities” means the facilities of a school district
with a fixed foundation which are not relocatable facilities.
256. “Permit for change of use or change of use permit” means an official
document which is issued by the City which authorizes a change of use of an
existing building or structure or land.
267. “Project improvements” means site improvements and facilities that
are planned and designed to provide service for a particular development project,
are necessary for the use and convenience of the occupants or users of the
project, and are not system improvements. No improvement or facility included
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
9
in a capital facilities plan adopted by the Council shall be considered a project
improvement.
278. “Public facilities,” for purposes of this Section, means the following
capital facilities owned or operated by the City of Renton, school districts, Renton
Regional Fire Authority, or other governmental entities: public streets and roads,
public parks, open space and recreation facilities and fire protection facilities.
289. “Rate Study” means any rate study relating to impact fees for
transportation, parks, or and fire protection adopted by the City of Renton.
2930. “Relocatable facility” means any factory‐built structure,
transportable in one or more sections, such as that which is designed to be used
as an education space needed to prevent the overbuilding of school facilities to
meet the needs of service areas within a school district, or to cover the gap
between the time that families move into new residential developments and the
date that construction is completed on permanent school facilities.
301. “Relocatable facilities cost per student” means the estimated cost of
purchasing and siting a relocatable facility in a school district for the grade span of
school to be provided, as a function of a school district’s design standard per grade
span and the requirements of students with special needs.
32. “RRFA” means the Renton Regional Fire Authority, a Washington State
municipal corporation established and operating pursuant to chapter 52.26 RCW.
313. “School capital facilities plan” means each respective school district’s
capital facilities plan adopted by the School Board, which shall consist of:
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
10
a. A forecast of future needs for school facilities based on the school
district’s enrollment projections;
b. The long‐range construction and capital improvements projects of
the school district;
c. The schools under construction or expansion;
d. The proposed locations and capacities of expanded or new school
facilities;
e. At least a six (6) year financing plan component, updated as
necessary to maintain at least a six (6) year forecast period, for financing needed
school facilities within projected funding levels, and identifying sources of
financing for such purposes, including bond issues authorized by the voters and
projected bond issues not yet authorized by the voters; and
f. Any other long‐range projects planned by the school district.
324. “School district design standard” means the space required, by grade
span, including the requirements of students with special needs, which is needed
in order to fulfill the educational goals of the school district as identified in each
respective school district’s capital facilities plan.
335. “Site cost per student” means the estimated cost of a site in a school
district for the grade span of school to be provided, as a function of the school
district’s design standard per grade span and the requirements of students with
special needs.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
11
346. “Standard of service” means the standard adopted by a school district
which identifies the program year, the class size by grade span and the
requirements of students with special needs, the number of classrooms, the types
of facilities the school district believes will best serve its student population, and
other factors as identified by a school district. The school district’s standard of
service shall not be adjusted for any portion of the classrooms housed in
relocatable facilities which are used as transitional facilities or for any specialized
facilities housed in relocatable facilities. Except as otherwise defined by the School
Board pursuant to a Board resolution, “transitional facilities” shall mean those
facilities that are used to cover the time required for the construction of
permanent school facilities; provided, that the school district has the necessary
financial commitments in place to complete the permanent school facilities called
for in the school district’s capital facilities plan.
357. “Street” or “road” means a public right‐of‐way and all related
appurtenances, including lawfully required off‐site mitigation, which enables
motor vehicles, transit vehicles, bicycles, and pedestrians to travel between
destinations. For purposes of this Section, public streets and roads are collectively
referred to as “transportation.”
368. “Student factor” means the number derived by a school district to
describe how many students of each grade span are expected to be generated by
a dwelling unit. Student factors shall be based on a school district’s record of
average actual student generation rates for new developments constructed over
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
12
a period of not more than five (5) years prior to the date of the fee calculation;
provided, that if such information is not available in the school district, data from
adjacent districts, districts with similar demographics, or countywide averages
may be used. Student factors must be separately determined for single family and
multi‐family dwelling units, and for grade spans.
379. “System improvements,” for purposes of this Section, means public
facilities that are included in the City of Renton’s capital facilities plan, and such
plan as amended, and are designed to provide service to the community at large,
in contrast to project improvements.
3840. “Transportation” means public streets and roads and related
appurtenances.
E. ESTABLISHMENT OF SERVICE AREA:
1. The City hereby establishes, as the service area for impact fees, the City
of Renton, including all property located within the corporate city limits.
2. The scope of the service area is hereby found to be reasonable and
established on the basis of sound planning and engineering principles, and
consistent with RCW 82.02.060 as described in the Rate Study.
F. IMPACT FEES METHODOLOGY AND APPLICABILITY:
The transportation and park impact fees in the City of Renton Fee Schedule
are generated from the formulae for calculating transportation impact fees set
forth in the applicable Rate Study. School and fire impact fees in the fee schedule
are generated from the formulae for calculating impact fees set forth in the
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
13
applicable school and fire capital facilities plans as may be further set forth in a
Rate Study. Except as otherwise provided for independent fee calculations in
subsection H of this Section, exemptions in subsection I of this Section, and credits
in subsection J of this Section, all new development activity in the City will be
charged impact fees applicable to the type of development listed in the City of
Renton Fee Schedule.
G. COLLECTION OF IMPACT FEES:
1. Transportation, Parks, and Fire Impact Fees:
a. Applicability: The City shall collect impact fees, based on the rates
in the City of Renton Fee Schedule, from any applicant seeking development
approval from the City for any development activity within the City, when such
development activity requires the issuance of a building permit or a permit for a
change in use, and creates a demand for additional public facilities.
b. Transportation and Parks Basis and Amount: Maximum allowable
impact fees for transportation and parks are established by the applicable Rate
Study. The rates to be charged by the City are listed in the City of Renton Fee
Schedule.
c. Fire Impact Fee Basis and Amount: The maximum allowable fees
shall be based on the fire capital facilities plan and the rate study developed by
the RRFA, approved by its Board, and adopted by the City as part of the capital
facilities element of the City’s Comprehensive Plan and as a fire impact fee Rate
Study. The rates to be charged are listed in the City of Renton Fee Schedule.
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2. School Impact Fees:
a. Applicability: The City shall collect impact fees, based on the rates
in the City of Renton Fee Schedule, from all applicants seeking development
approval from the City for any residential development activity in that portion of
the City located within each respective school district’s boundaries.
b. Basis and Amount: The maximum allowable fees shall be based on
a school capital facilities plan developed by the appropriate school district and
approved by the School Board, and adopted by reference by the City as part of the
capital facilities element of the City’s Comprehensive Plan. The rates to be charged
are listed in the City of Renton Fee Schedule.
c. Adjustment by Council: The City Council may adjust the fees, as it
sees fit, to take into account local conditions such as, but not limited to, price
differentials throughout each respective school district in the cost of new housing,
school occupancy levels, and the percent of each school district’s capital facilities
budget, which will be expended locally.
d. Classification by Dwelling Type: Separate fees shall be calculated for
single family and multi‐family dwellings, and separate student generation rates
must be determined by each school district for each type of dwelling. For purposes
of this Section, mobile homes shall be treated as single family dwellings; duplexes
and accessory dwelling units shall be treated as multi‐family dwellings.
e. Credit for Tax Contributions: The formula in Attachment A to
Ordinance 4808 provides a credit for the anticipated tax contributions that would
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be made by the development based on historical levels of voter support for bond
issues in a school district.
3. Changes in Use or Tenancy: When an impact fee applies to a change of
use permit, the impact fee shall be the applicable impact fee for the land use
category of the new use, less any impact fee previously paid for the land use
category of the prior use. For purposes of this provision, a change of use should
be reviewed based on the land use category provided in the Rate Study that best
captures the broader use of the property under development. Changes in use or
tenancy, if consistent with the general character of the building or building
aggregations (i.e., “industrial park,” or “specialty retail”) should not be considered
a change in use that is subject to an impact fee. Further, minor changes in
tenancies that are consistent with the general character of the included structure,
building, or previous use should not be considered changes in use subject to an
impact fee. If no impact fee was paid for the prior use, the impact fee for the new
use shall be reduced by an amount equal to the current impact fee rate for the
prior use. Vacant buildings shall be assessed as if in the most recent legally
established use as shown on a locally owned business license or development
permit documents.
4. Mixed Use: For mixed use developments, impact fees shall be imposed
for the proportionate share of each land use, based on the applicable
measurement in the impact fee rates in the City of Renton Fee Schedule.
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5. Timing of Assessment and Collection: Impact fees shall be determined
at the time the complete application for a building permit or a permit for a change
in use is submitted using the impact fees then in effect. Impact fees shall be due
and payable before the building permit or permit for a change of use is issued by
the City.
6. Documentation of Credit Required: Feepayers allowed credits prior to
the submittal of the complete building permit application or an application for a
permit for a change of use shall submit, along with the complete application, a
copy of the letter prepared by the Administrator, or school district
superintendent, or RRFA official setting forth the dollar amount of the credit
allowed. Impact fees, as determined after the application of any credits, shall be
collected from the feepayer no later than the time a building permit or permit for
a change of use is issued.
7. Deferral for Subdivisions, Short Subdivisions, and Planned Unit
Developments: An applicant for residential subdivision, short subdivision, or
planned unit development may defer payment of impact fees for all of the
dwelling units to be created in the development until the earlier of the time of
closing of the first sale of a single detached dwelling unit, condominium unit, or a
multi‐family residential building or eighteen (18) months after the issuance of the
original building permit, but only if before recording the subdivision or short
subdivision, the applicant:
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a. Submits to the Administrator a signed and notarized deferred impact
fee application and acknowledgement form, which includes the legal description,
tax account number, and address of each individual in the development;
b. Records at the applicant’s expense a covenant and lien that complies
with the requirements of subsections G8bi through vii of this Section; and
c. Pays the applicable nonrefundable administrative fee.
8. Deferral for Single Family, Condominium, and Multi‐Family Dwellings:
A building permit applicant may defer payment of impact fees for a single
detached dwelling unit, condominium unit, or all of the dwelling units in a multi‐
family residential building until the earlier of the time of closing of the first sale of
a single detached dwelling unit, a condominium unit or a multi‐family residential
building or eighteen (18) months after issuance of the original building permit, but
only if before issuance of the building permit, the applicant:
a. Submits to the Administrator a signed and notarized deferred impact
fee application and acknowledgement form for each single detached dwelling
unit, condominium unit or all of the dwelling units in a multi‐family residential
building for which the applicant wishes to defer payment of the impact fees; and
b. Records at the applicant’s expense a covenant and lien in the
amount of the deferred impact fee(s) and that includes the legal description, tax
account number, and address of the property that:
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i. Requires payment of the impact fees to the City at the earlier of
the time of closing of the first sale or eighteen (18) months after issuance of the
original building permit; and
ii. Provides that if the impact fees are paid through escrow at
closing of sale, in the absence of an agreement between the buyer and the seller
to the contrary, the impact fees shall be paid from the seller’s proceeds; and
iii. Provides that the seller bears strict liability for the payment of
the impact fees; and
iv. Requires the seller or seller’s agent of property subject to the
covenant and lien to provide written disclosure of the covenant and lien to a
purchaser or prospective purchaser. Disclosure of the covenant must include the
amount of impact fees payable and that the fees are to be paid to the City no later
than the closing date; and
v. Makes the applicant legally liable for payment of the impact fees
if the fees are not paid by the earlier of the time of closing of the first sale or
eighteen (18) months after the building permit has been issued; and
vi. Is signed by all owners of the property as listed on a current title
report, with all signatures acknowledged as required for a deed; and
vii. Is junior and subordinate to one mortgage for the purpose of
construction upon the same real property granted by the person who applied for
the deferral of impact fees.
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9. Payment Methods: Payment of impact fees deferred under this
subsection shall be made by cash, escrow company check, cashier’s check or
certified check.
10. Lien Release: Upon receipt of payment of impact fees deferred under
this subsection, the City shall execute a lien release for each single detached
dwelling unit, condominium unit, or multi‐family residential building for which the
impact fees have been received. The property owner at the time of the release
shall be responsible for recording the lien release.
11. Foreclosure by City: If impact fees are not paid, in accordance with the
provisions of this subsection, the City may institute foreclosure proceedings in
accordance with chapter 61.12 RCW.
12. Foreclosure by a School District: If the City does not institute
foreclosure proceedings for unpaid school impact fees within forty‐five (45) days
after receiving notice from a school district requesting that it do so, the district
may institute foreclosure proceedings with respect to unpaid impact fees.
13. Required Prior to Building Permit Issuance: The Department shall not
issue the required building permit or the permit for the change of use until the
impact fees have been paid or the signed and notarized deferred impact fee
application and acknowledgement form and deferral fee have been received and
accepted by the City.
14. Number of Deferrals Limited: Each applicant for a single family
building permit, in accordance with his or her contractor registration number or
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other unique identification number, is entitled to annually receive deferrals under
this subsection for the first twenty (20) single family building permits issued by the
City to that applicant.
H. INDEPENDENT FEE CALCULATIONS:
1. Calculations by City: If, in the judgment of the Administrator, none of
the fee categories or fee amounts set forth in the City of Renton Fee Schedule
accurately describes or captures the impacts of a new development on public
facilities, the Department may conduct independent fee calculations and the
Administrator may impose alternative fees on a specific development based on
those calculations. The alternative fees and the calculations shall be set forth in
writing and shall be mailed to the feepayer.
2. Calculations by Feepayer: A feepayer may opt not to have the impact
fees determined according to the fee structure in the City of Renton Fee Schedule,
in which case the feepayer shall prepare and submit to the Administrator, the
RRFA, or school district, as applicable, an independent fee calculation for the
development activity for which a building permit is being sought. The
documentation submitted shall show the basis upon which the independent fee
calculation was made. An independent fee calculation shall use the same
methodology used to establish impact fees and for transportation, parks, and fire,
and school impact fees; they shall be limited to adjustments in trip generation
rates and lengths for transportation impact fees, persons per dwelling unit for
park impact fees, and fire incident rates for fire impact fees.
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3. Administrator Consideration and Review: There is a rebuttable
presumption that the calculations set forth in the Rate Studiesy and Capital
Facilities Plans and the data used by the City, RRFA, and school districts are valid.
a. Transportation and Parks Impact Fees: The Administrator shall consider
the documentation submitted by the feepayer, but is not required to accept such
documentation or analysis which the Administrator reasonably deems to be
inapplicable, inaccurate, incomplete, or unreliable. The Administrator may require
the feepayer to submit additional or different documentation for consideration.
The Administrator is authorized to adjust the impact fees on a case‐by‐case basis
based on the independent fee calculation, the specific characteristics of the
development, and/or principles of fairness. The fees or alternative fees and the
calculations therefor shall be set forth in writing and shall be mailed to the
feepayer.
b. School and Fire Impact Fees: A school district or the RRFA may adjust
the amount of the impact fee assessed if appropriate and lawful, as demonstrated
by the feepayer to the appropriate school district’s or the RRFA’s satisfaction. If
the Administrator receives a written decision from a school district or RRFA
approving an independent fee calculation, the Administrator shall apply and
collect school or fire impact fees, as applicable, as adjusted by the approved
independent fee calculation.
4. Adjustment from Maximum Amount: Alternative transportation, parks,
and fire impact fees calculated pursuant to this subsection shall be reduced in the
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same manner and to the same extent that the impact fees in the City of Renton
Fee Schedule are reduced from the maximum allowable impact fees in the Rate
Study.
5. Appeals: Determinations made by the Administrator pursuant to this
Section may be appealed to the office of the Hearing Examiner under the
procedures set forth in subsection L of this Section.
I. EXEMPTIONS:
1. School Impact Fees: The following shall be exempt from the application
of school impact fees:
a. Any form of housing exclusively for the elderly, including nursing
homes and retirement centers, so long as these uses are maintained in perpetuity
and the necessary covenants or declarations of restrictions are recorded on the
property to ensure that no children will reside in the development.
b. The replacement of the same number of dwelling units at the same
site or lot when such replacement occurs within thirty six (36) months of the
demolition or destruction of the prior structure.
c. Alterations or expansion or enlargement or remodeling or
rehabilitation or conversion of an existing dwelling unit where no additional units
are created and the use is not changed.
d. Any development activity that is exempt from the payment of a
school impact fee pursuant to RCW 82.02.100, due to mitigation of the same
system improvement under the State Environmental Policy Act.
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2. Transportation, Parks, and Fire Impact Fees: Except as provided for
below, the following shall be exempted from the payment of all transportation,
parks, and fire impact fees:
a. Alteration or replacement of an existing residential structure that
does not create an additional dwelling unit or change the type of dwelling unit.
b. Alteration or replacement of an existing nonresidential structure
that does not expand the usable space or change the existing land use.
c. Miscellaneous improvements which do not generate increased need
for public facilities, including, but not limited to, fences, walls, residential
swimming pools, and signs.
d. Demolition or moving of a structure.
e. Projects that have undergone prior State Environmental Policy Act
(SEPA) review and received a final decision that includes mitigation requirements
on the condition that the SEPA mitigation obligation has or will be fulfilled by the
time the impact fees, if applicable, would be due.
f. Housing that qualifies for waived fees under the provisions of RMC
4‐1‐210.
g. Temporary manufactured homes for medical hardships that meet
the criteria identified in RMC 4‐9‐240.
3. Authority: The Administrator shall be authorized to determine whether
a particular development activity falls within an exemption identified in this
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Section. The Administrator’s determinations shall be in writing and shall be subject
to the appeals procedures set forth in subsection L of this Section.
J. CREDITS FOR DEDICATIONS, CONSTRUCTION OF IMPROVEMENTS, AND
PAST TAX PAYMENTS:
1. Criteria for Award of Credits: A feepayer may request that a credit or
credits for impact fees be awarded to him/her for the total value of system
improvements, including dedications of land and improvements, and/or
construction provided by the feepayer. Requests for credits for transportation,
and parks or fire impact fees shall be made to the Administrator. Requests for
credits for school impact fees shall be made to the appropriate school district.
Requests for credits for fire impact fees shall be made to RRFA. Credits will be
given only if the land, improvements, and/or the facility constructed are:
a. Included within the capital facilities plan or would serve the goals
and objectives of the capital facilities plan;
b. Determined by the City, or school district, or RRFA, as applicable, to
be at suitable sites and constructed at acceptable quality;
c. Serve to offset impacts of the feepayer’s development activity; and
d. If for a transportation impact fee are for one or more of the projects
listed in the Rate Study as the basis for the calculation.
2. Authority and Process:
a. The Administrator, or school district, or RRFA, as applicable, shall
determine if requests for credits meet the criteria in subsection J1 of this Section
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or other applicable law. The determinations shall be in writing, and any
determination by the Administrator shall be subject to the appeals procedure set
forth in subsection L of this Section.
b. For each request for a credit or credits for transportation or, parks,
or fire impact fees, the Administrator shall select an appraiser or, in the
alternative, the feepayer may select an independent appraiser acceptable to the
Administrator.
c. For each request for a credit or credits for school or fire impact fees,
the Administrator shall defer to the applicable school district or RRFA for selection
of shall select an appraiser from a list of independent appraisers. The appraiser
shall be directed to determine for the school district the value of the dedicated
land, improvements, or construction provided by the developer on a case‐by‐case
basis.
d. Unless approved otherwise, the appraiser must be a member of the
American Institute of Appraisers and be licensed in good standing pursuant under
chapter 18.40 RCW et seq. in the category for the property or improvement to be
appraised, and shall not have a fiduciary or personal interest in the property being
appraised.
e. The Administrator, school district, or RRFA, as applicable, will accept
or reject the appraisal, and any decision by the Administrator the decision may be
subject to independent review by the Hearing Examiner.
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f. The feepayer shall pay the actual costs for the appraisal and an
independent review, if required, unless the Administrator, school district, or RRFA,
as applicable, determines that payment for independent review should not be at
the feepayer’s expense.
g. After considering the appraisal and the review, the Administrator, or
school district superintendent, or RRFA official, as applicable, shall provide the
applicant with a written determination setting forth the dollar amount of any
credit, the reason for the credit, the legal description of the real property
dedicated where applicable, and the legal description or other adequate
description of the project or development to which the credit may be applied. The
feepayer must sign and date a duplicate copy of such determination accepting the
terms of the letter or certificate, and return such signed document to the
Administrator before the impact fee credit will be awarded. The failure of the
feepayer to sign, date, and return such document within sixty (60) calendar days
of the date of the determination shall nullify the credit.
h. No credit shall be given for project improvements.
3. School and Fire Impact Fees Responsibility: Any credit for school or fire
impact fees shall be the responsibility of the respective school district or RRFA,
and shall be independent of the fees collected by the City. The burden of
establishing such credit shall be on the party seeking the credit. When established
as a condition of development approval or pursuant to the terms of a voluntary
mitigation agreement, the feepayer shall receive a credit from the appropriate
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school district or RRFA. The fee amount due on the development activity shall be
reduced by the amount of the credit. Proof shall include such things as a receipt
or cancelled check.
4. Past Tax Payments: A feepayer may request a credit or credits for
impact fees previously awarded for past tax payments. For each request for a
credit or credits for past tax payments for transportation impact fees, the feepayer
shall submit receipts and a calculation of past tax payments earmarked for or
prorated according to the particular system improvement for which credit is
requested. The Administrator, or school district, or RRFA, as applicable, shall
determine the amount of credits, if any, for past tax payments for system
improvements.
5. Appeals: The Administrator’s or, school district’s determinations
pursuant to this Section shall be subject to the appeals procedures set forth in
subsection L of this Section.
K. ADJUSTMENTS FOR FUTURE TAX PAYMENTS AND OTHER REVENUE
SOURCES:
Pursuant to and consistent with the requirements of RCW 82.02.060 the Rate
Studiesy has have provided adjustments for future taxes to be paid by the
development activity which are earmarked or prorated according to the same new
public facilities which will serve the new development. The impact fees in the City
of Renton Fee Schedule have been reasonably adjusted for taxes and other
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revenue sources which are anticipated to be available to fund public
improvements.
L. APPEALS:
1. Transportation, and Parks, and Fire Impact Fees: The Administrator’s
determinations with respect to the applicability of the impact fees to a given
development activity, the availability or value of a credit, the Administrator’s
decision concerning the independent fee calculation which is authorized in
subsection H of this Section or any other Administrator’s determination pursuant
to this Section may be appealed by the feepayer to the provisions of RMC 4‐8‐
110E.
2. School and Fire Impact Fees: A school district may adjust the amount of
the school impact fee assessed if one of the following circumstances exist;
provided, that the feepayer can demonstrate to the appropriate school district’s
satisfaction that the amount of the fee is inappropriate under the circumstances:
a. The feepayer demonstrates that the school impact fee assessment
was incorrectly assessed; or
b. Unusual and unique circumstances identified by the feepayer
demonstrate that if the standard school impact fee amount were applied to the
development, it would be unfair, unjust or unlawful.
3. Payment under Protest: No building or change of use permits will be
issued until the impact fee is paid or the signed and notarized deferred impact fee
application and acknowledgement form and deferral fee have been received and
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accepted by the City; provided, however, that During the pendency of an appeal,
the feepayer may pay the subject fee under protest pending appeal to avoid
delays in the issuance of building permits or change of use permits.
4. Process and School District or RRFA Representation: Appeals to the
Hearing Examiner shall be taken in accord with the processes set forth in RMC 4‐
8‐110E. When an interlocal agreement between the City and the respective school
district or RRFA provides for an appeal to the Hearing Examiner of school or fire
impact fees, when there is such an appeal of school impact fees, the respective
school district or the RRFA shall provide staffing and legal assistance for such an
appeal consistent with the applicable interlocal agreement between the City and
the respective school district or RRFA, as that Agreement may be amended from
time to time.
5. Authority: The Hearing Examiner is authorized to make findings of fact
regarding the applicability of the impact fees to a given development activity, the
availability or amount of the credit, or the accuracy or applicability of an
independent fee calculation. There is a presumption of validity of the
Administrator’s, and/or school district’s, and/or RRFA’s determination. The
feepayer has the burden of proof during any appeal of the Administrator’s, and/or
school district’s, and/or RRFA’s determination or decision.
6. Decisions: The Hearing Examiner may, so long as such action is in
conformance with the provisions of this Section, reverse, affirm, modify or
remand, in whole or in part, the Administrator’s, and/or school district’s, and/or
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RRFA’s determinations with respect to the amount of the impact fees imposed or
the credit awarded.
M. ESTABLISHMENT OF IMPACT FEE ACCOUNTS:
1. Fee Accounts: The City shall establish the following separate impact fee
accounts for the impact fees collected pursuant to this Section: Transportation,
Parks, Fire Protection Renton Regional Fire Authority, Issaquah School District,
Kent School District, and Renton School District. Funds withdrawn from the
accounts must be used in accordance with the provisions of this Section and
applicable state law. Interest earned on the fees shall be retained in the accounts
and expended for the purposes for which the impact fees were collected. Impact
fee receipts shall be earmarked specifically and deposited in the appropriate
interest‐bearing impact fee accounts.
2. Transfer to School Districts and RRFA:
a. Transfer to School Districts: For each school district account, when
sufficient funds have accumulated to make transfer of those funds to the
appropriate school district advisable, the Administrative Services Department
shall make such transfer. Such funds shall be transferred not less than quarterly,
if the balance in the fund is more than five thousand dollars ($5,000.00).
b. Transfer to RRFA: The Administrative Services Department shall make
transfer to the RRFA from the Renton Regional Fire Authority account such funds
as are required by the applicable interlocal agreement between the City and RRFA.
The timing of such transfers shall be as specified in the interlocal agreement.
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c. Accounting: Annually, the City shall provide accounting records to each
school district and the RRFA and each school district and the RRFA shall prepare a
report on impact fees showing the source and amount of all monies collected,
earned or received, and capital or system improvements that were financed in
whole or in part by impact fees.
3. School Fees Encumbered: School impact fees shall be expended or
encumbered within six (6) years of receipt, unless the Council identifies in written
findings extraordinary and compelling reason or reasons for a school district to
hold the fees beyond the six (6) year period. A school district may petition the
Council for an extension of the six (6) year period and that school district must set
forth any such extraordinary or compelling reason or reasons in its petition. Where
the Council identifies the reason or reasons in written findings, the Council shall
establish the period of time within which the school impact fees shall be expended
or encumbered, after consultation with the petitioning school district.
4. Transportation, Parks, and Fire Fees Encumbered: Transportation,
parks, and fire impact fees shall be expended or encumbered within ten (10) years
of receipt, unless the Council or RRFA identifies in written findings extraordinary
and compelling reasons for the City or RRFA to hold the fees beyond the ten (10)
year period, pursuant to RCW 82.02.070(3).
N. ADMINISTRATIVE GUIDELINES:
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The Administrator is authorized to adopt internal guidelines for the
administration of impact fees, which may include the adoption of procedural rules
to clarify or further the procedural rules set forth in this Section.
O. REFUNDS AND OFFSETS:
1. Failure to Expend or Encumber: If there is a failure by the City, or a
school district, or RRFA to expend or encumber their respective impact fees unless
extraordinary or compelling reasons are established pursuant to subsection M of
this Section the current owner of the property on which impact fees have been
paid may receive a refund of such fees. In determining whether impact fees have
been expended or encumbered, impact fees shall be considered expended or
encumbered on a first in, first out basis. Potential claimants shall be notified by
first‐class mail deposited with the United States Postal Service at the last known
address of such claimants. A potential claimant must be the current owner of
record of the real property against which the impact fees were assessed. The City
shall notify potential transportation, or parks, or fire impact fee claimants, and the
applicable school district is responsible for notifying potential school impact fee
claimants, and the RRFA is responsible for notifying potential fire impact fee
claimants.
a. Transportation and, parks, and fire impact fees are eligible for a
refund if they have not been expended or encumbered by the City within ten (10)
years of the date the fees were paid.
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b. Fire impact fees are eligible for a refund if they have not been
expended or encumbered by the RRFA within ten (10) years of the date the fees
were paid.
bc. School impact fees are eligible for a refund if they have not been
expended or encumbered by the applicable school district within six (6) years of
receipt of the funds by the City.
2. Timing of Request: Owners seeking a refund of impact fees must submit
a written request for a refund of the fees to the Administrator, school district, or
RRFA, as applicable, within one year of the date the right to claim the refund arises
or the date that notice is given, whichever is later.
3. Fees Not Refunded: Any impact fees for which no application for a
refund has been made within this one year period shall be retained by the City,
school district, or RRFA, as applicable, and expended on the system improvements
for which they were collected.
4. Interest Earned: Refunds of impact fees under this subsection shall
include any interest earned on the impact fees by the City, school district, or RRFA,
as applicable.
5. Termination of Program: When the City seeks to terminate any or all
components of the impact fee program, all unexpended or unencumbered funds
from any terminated component or components, including interest earned and
including any school or fire impact fees held by the City, shall be refunded
pursuant to this Section. Upon the finding that any or all fee requirements are to
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be terminated, the City shall place notice of such termination and the availability
of refunds in a newspaper of general circulation at least two (2) times and shall
notify all potential claimants by first‐class mail at the last known address of the
claimants. All funds available for refund shall be retained for a period of one year.
At the end of one year, any remaining funds shall be retained by the City, but must
be expended for the public facilities for which the impact fees were collected. This
notice requirement shall not apply if there are no unexpended or unencumbered
balances within the account or accounts being terminated.
6. Refunds and Offsets for Development Not Constructed: The City shall
also refund to the current owner of property for which impact fees have been paid
all impact fees paid, including interest earned on the impact fees, if the
development activity for which the impact fees were imposed did not occur;
provided, however, that, if the City has expended or encumbered the impact fees
in good faith prior to the application for a refund, the Administrator may decline
to provide the refund. If, within a period of three (3) years, the same or
subsequent owner of the property proceeds with the same or substantially similar
development activity, the owner can petition the Administrator for an offset in
the amount of the fee originally paid and not refunded. The petitioner must
provide receipts of impact fees previously paid for a development activity of the
same or substantially similar nature on the same real property or some portion
thereof. The Administrator’s determinations shall be in writing and shall be
subject to the appeals procedures set forth in subsection L of this Section.
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P. USE OF IMPACT FEES:
1. Pursuant to this Section, impact fees:
a. Shall be used for system improvements that will reasonably benefit
the new development activity;
b. Shall not be imposed to make up for deficiencies in public facilities;
and
c. Shall not be used for maintenance or operation.
2. Transportation, Parks, and Fire Impact Fees:
a. May be spent for system improvements to public streets and roads,
public parks, open space and recreation facilities and fire protection facilities as
herein defined and, including, but not limited to, planning, land acquisition, right‐
of‐way acquisition, site improvements, necessary off‐site improvements,
construction, engineering, architectural, permitting, financing, and administrative
expenses, applicable impact fees or mitigation costs, and any other expenses
which can be capitalized.
b. May also be used to recoup system improvement costs previously
incurred by the City or the RRFA to the extent that new growth and development
will be served by the previously constructed improvements or incurred costs.
3. School Impact Fees: May be expended by the respective school districts
for capital improvements including but not limited to school planning; land
acquisition; site improvements; necessary off‐site improvements; construction,
engineering, architectural, permitting, financing, and administrative expenses;
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relocatable facilities, capital equipment pertaining to educational facilities; and
any other expenses which could be capitalized, and which are consistent with the
respective school district’s capital facilities plan.
4. Debt Service: In the event that bonds or similar debt instruments are or
have been issued for the advanced provision of system improvements for which
impact fees may be expended, such impact fees may be used to pay debt service
on such bonds or similar debt instruments to the extent that the facilities or
improvements provided are consistent with the requirements of this Section, or
as may be provided in an interlocal agreement between the City and a school
district or RRFA.
Q. REVIEW AND ADJUSTMENT OF RATES:
1. Transportation, and Parks, and Fire Impact Fees:
a. The fees and rates set forth in the Rate Study may be reviewed and
adjusted by the Council as it deems necessary and appropriate in conjunction with
the annual budget process so that adjustments, if any, will be effective at the first
of the calendar year subsequent to budget period under review.
b. As part of the budget adoption process, the fees shall be adjusted by
the same percentage change as in the most recent annual change of the
Construction Cost Index published in the Engineering News Record.
2. School and Fire Impact Fees:
a. The school and fire impact fee schedule established in this Section
shall be reviewed and updated by the Council on an annual basis after the Council
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receives the school district’s or the RRFA’s plan and data required under
subsection J of this Section. The review may occur in conjunction with the annual
update of the capital facilities element of the City’s Comprehensive Plan.
b. Unless modified by an applicable interlocal agreement, oOn an
annual basis, each school district and the RRFA shall submit to the City an update
of the school district’s or the RRFA’s capital facilities plan, any applicable rate
studies, and a report on the school impact fee account, showing the source and
amount of all monies collected, earned, or received, and the public improvements
that were financed in whole or in part by school impact fees.
R. ADMINISTRATIVE FEES:
1. Deferred Fees: Each application for a deferral of payment of residential
impact fees, either under subsection G7 or 8 of this Section, shall pay a
nonrefundable administrative deferral fee of eighty‐five dollars ($85.00) for each
lot, single detached dwelling unit, or condominium unit and eighty‐five dollars
($85.00) for each multi‐family residential building. The fee shall be paid at the time
the application for deferral is submitted to the City.
2. Independent Fee Calculations: Any feepayer submitting an independent
fee calculation shall pay a fee to cover the cost of reviewing the independent fee
calculation. The fee shall be five hundred dollars ($500.00), unless otherwise
established by the Administrator, school district, or the RRFA, and shall be paid by
the feepayer at submittal of the independent fee calculation prior to issuance of
the Administrator’s determination.
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3. Appeals: Any feepayer filing an appeal of impact fees shall pay the fee
set by the City for appeals of administrative interpretations and decision. The
appeal fee shall be paid at the time of filing of the appeal.
4. Account Established: Administrative fees shall be deposited into a
separate administrative fee account within the impact fee account(s).
Administrative fees shall be used to defray the City’s actual costs associated with
the assessment, collection, administration and update of the impact fees.
5. Refunds, Waivers, and Credits: Administrative fees shall not be
refundable, shall not be waived, and shall not be credited against the impact fees.
S. EXISTING AUTHORITY UNIMPAIRED:
Nothing in this Section shall preclude the City from requiring the feepayer or
the proponent of a development activity to mitigate adverse environmental
impacts of a specific development pursuant to SEPA, chapter 43.21C RCW, based
on the environmental documents accompanying the underlying development
approval process, and/or chapter 58.17 RCW, governing plats and subdivisions.
Compliance with this Section and/or payment of fees under this Section shall not
constitute evidence of a determination of transportation concurrency.
SECTION IV. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
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SECTION V. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1986:10/27/17:scr
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