HomeMy WebLinkAboutFinal Agenda Packet
CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, February 12, 2024
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
For those wishing to attend by Zoom: Please (1) click this link
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-
8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the
day of the meeting to request an invite with a link to the meeting.
Registration for Audience Comment: Registration will be open at all times, but speakers must
register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who
registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and
will be required to re-register for the next Council meeting if they wish to speak at that next
meeting.
Request to Speak Registration Form:
o Click the link or copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
A sign-in sheet is also available for those who attend in person.
Video on Demand: Please click the following link to stream Council meetings live as they
occur, or to select previously recorded meetings:
Renton Channel 21 Video on Demand
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Lunar New Year Day - February 12, 2024
4. ADMINISTRATIVE REPORT
a) Administrative Report
5. AUDIENCE COMMENTS
All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow-up.
Speakers must sign-up prior to the Council meeting.
Each speaker is allowed three 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 or
against 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 February 5, 2024.
Council Concur
b) AB - 3511 Community & Economic Development Department submits additional items
for the 2024 Title IV Docket #19. The Planning Commission will present potential code
revision recommendations to Council after reviewing the docket items.
Refer to Planning Commission and Planning & Development Committee
c) AB - 3512 Community & Economic Development Department requests authorization to
execute an agreement with the Department of Commerce to accept $49,445 (not to
exceed $50,000) in grant funds to be used to develop a draft Middle Housing ordinance;
and separately requests upon approval of the grant agreement, authority to execute an
agreement with MAKERS Architecture & Urban Design, LLP, in the amount of $49,961 for
the development and drafting of a Middle Housing ordinance.
Refer to Finance Committee
d) AB - 3510 Parks & Recreation Department submits fee waivers from Bloodworks
Northwest, Renton, Lindbergh, Hazen and Liberty High Schools, and Renton Park Run,
requesting the waiver of $10,755 in temporary open space, rental fees, use fees, green
fees, and application fees for 2024 community events.
Refer to Finance Committee
e) AB - 3513 Public Works Transportation Systems Division requests authorization to
execute the Fuel Tax Grant Agreement with the Washington State Transportation
Improvement Board, in the amount of $187,000, and all other subsequent amendments
to the agreements necessary to accomplish the S 7th St Corridor Improvements project.
Refer to Finance Committee
f) AB - 3514 Public Works Transportation Systems Division requests authorization to
execute the Fuel Tax Grant Agreement with the Washington State Transportation
Improvement Board, in the amount of $2,975,154, and all subsequent amendments to
the agreements necessary to accomplish the SW 43rd St Improvements project.
Refer to Finance Committee
g) AB - 3505 Public Works Utility Systems Division requests approval to execute the Flood
Reduction Grant Agreement 4.23.07 with King County Flood Control District, to accept
$250,000 in grant funds for the Lind Ave SW Storm System Improvement project, and
authorization to execute the WRIA 9 Watershed Ecosystem Forum Cooperative
Watershed Grant Agreement 4.9.23.007 with King County Flood Control District to accept
$150,000 for the Springbrook Creek Rehabilitation Action Plan.
Refer to Finance Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: 1) Vouchers; 2) Lease Addendum 4 for LAG-12-001 with Rain City
Catering; 3) Interlocal Agreement with Puget Sound Regional Fire Authority for the
Regional FD CARES Pilot Project*; 4) Interlocal Agreements with City of Auburn, City of
Burien, City of Covington, and City of Tukwila for Electronic Home Monitoring Program
and Related Services*; 5) King County Parks Levy, Aquatic Facilities Funding – Henry
Moses Aquatic Center Improvements; 6) May Creek Trail South: King County Capital
Project Grant Agreement; 7) Agreement Amendment with U.S. Small Business
Administration for Logan Place Market; 8) Contract Proposal for Strategic Marketing
Services - Renton Community Marketing Campaign; 9) Agreement with Granicus, LLC for
Website Design Services
b) Transportation Committee: 1) Lease Assignment for Renton Gateway Center, LLC; 2)
2024-2025 ORCA Business Cards and Business Passport Products Agreement; 3) Full
Weekend Closure – NE 44th Street between N 43rd St. and I-405*
8. LEGISLATION
Resolutions:
a) Resolution No. 4519: Authorizing NE 44th St Closure (See Item 7.b)
b) Resolution No. 4520: ILA with Auburn for EHM Services (See Item 7.a)
c) Resolution No. 4521: ILA with Burien for EHM Services (See Item 7.a)
d) Resolution No. 4522: ILA with Covington for EHM Services (See Item 7.a)
e) Resolution No. 4523: ILA with Tukwila for EHM Services (See Item 7.a)
f) Resolution No. 4524: ILA with PSRFA for Regional FDCares Pilot Project (See Item 7.a)
Ordinances for second and final reading:
g) Ordinance No. 6131: Extending Temp Waiver of City Center Garage Parking Fees (First
Reading 2/5/2024)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. EXECUTIVE SESSION
a) To discuss labor negotiations pursuant to RCW 42.30.140(4)(b) for approximately 30
minutes.
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
CANCELED
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
ArmondoPavoneMayorMTHEREAS,thetraditionalLunarNewYearcelebration,alsoknownastheSpringFestival,datesbackasearlyasthefourteenthcenturyB.C.;and‘WHEREAS,2024istheYearoftheDragon,symbolizingprosperity,abundance,andgoodfortune;andMIFIEREAS,theLunarNewYeariscelebrateduniquelyinmanydifferentAsiancountries,butregardlessofthecountry,culture,religion,orethnicity,thedayisatimeforfamilyreunions,gatherings,reaffirmingbondsandreflection;and‘WHEREAS,thediverseAsiancommunityinRentonhasbeenhometomanyAsianfamiliesforgenerationsaswellasnewerAsianimmigrants;and‘WHEREAS,theCityofRenton,celebratedasthe17thmostdiversecityinthenation,withitsrichdemographicdiversity,beautifulparks,friendlyandprosperousbusinesses,manycommunityservices,andexcellentschools,hasprovidedawelcomingenvironmentfortheAsiancommunitytocallRentontheirhome;NOWTHEREFORE,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimFebruary12,2024tobeLUNARNEWYEARDAYintheCityofRenton,andIencourageallmembersofthecommunitytojoinmeinthisspecialobservance.INWfl’NESSTHEREOF,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis12thdayofFebruary,2024.PROCLAMATIONArmondoPavone,MayorCityofRenton,WashingtonRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a)
Mayor’s Office
Memorandum
DATE: February 12, 2024
TO: Ed Prince, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• Information about preventative street maintenance, traffic impact projects, and
road closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open. Preventative street maintenance, traffic impact projects, and road
closures will be at the following locations:
Monday, February 12 through Friday, February 16, 8:00 a.m. to 3:00 p.m.
Intermittent lane closure on NE 12th St and Jefferson Ave NE for utility
installation. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, February 12 through Friday, February 16, 8:00 a.m. to 3:00 p.m.
Road closure on Aberdeen Ave NE between NE Sunset Blvd and NE 12th St for
construction work. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, February 12 through Friday, February 16, 8:00 a.m. to 3:00 p.m.
Intermittent lane closures on S. Grady Way S at Williams Ave S for construction
work. Questions may be directed to Tom Main, 206-999-1833.
Monday, February 12 through Friday, February 16, 8:00 a.m. to 3:00 p.m.
Road closure on Kirkland Ave NE between NE Sunset Blvd and NE 12th St for
utility installation. A detour route will be provided. Questions may be directed to
Brad Stocco, 425-282-2373.
Monday, February 12 through Friday, February 16, 8:00 a.m. to 3:00 p.m.
Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and
Kirkland Ave NE for construction work. Questions may be directed to Brad
Stocco, 425-282-2373.
Monday, February 12 through Friday, February 16, 8:00 a.m. to 3:00 p.m.
Intermittent lane closures on Williams Ave S at Grady Way S for construction
work. Questions may be directed to Tom Main, 206-999-1833.
Monday, February 12 through Friday, February 16, 8:00 a.m. to 3:00 p.m.
Southbound travel and parking lane closures on Williams Ave S between S 2nd
and S 3rd Streets for construction work. Questions may be directed to Sam
Stolmeier, 425-430-7288.
AGENDA ITEM #4. a)
Ed Prince, Council President
Members of Renton City Council
Page 2 of 2
February 12, 2024
Ongoing Street Closure (City of Renton Resolution No. 4446). FULL STREET
CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in
support of the Solera Development Project (LUA20-000305). Questions may be
directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #4. a)
February 5, 2024 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, February 5, 2024
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ed Prince, Council President
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Brianne Bannwarth, Interim Community & Economic Development Administrator
Amanda Free, Assistant Economic Development Director
Deputy Chief Ryan Rutledge, Police Department Administrator
Commander Chandler Swain, Police Department
Attended Remotely:
Judith Subia, Chief of Staff
Ellen Bradley-Mak, Human Resources / Risk Management Administrator
Martin Pastucha, Public Works Administrator
Kari Roller, Finance Administrator
Ron Straka, Public Works Utility Systems Director
AGENDA ITEM #6. a)
February 5, 2024 REGULAR COUNCIL MEETING MINUTES
PROCLAMATION
Renton Rotary Day - February 5, 2024 - A proclamation by Mayor Pavone was read declaring
February 5, 2024, to be Renton Rotary Day in the City of Renton and encouraged all residents
to join in recognizing our local Rotary clubs and Rotary International for their more than 100
years of service to improving the human condition in local communities around the world. Al
Ralston, Renton Rotary Club President, accepted the proclamation with appreciation.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
PUBLIC HEARING
Surplus Property Sale - 15908 SE 175th St, Renton, WA 98058: This being the date set, and
proper notices having been posted and published in accordance with local and state laws,
Mayor Pavone opened the public hearing to consider the Surplus Property Sale - 15908 SE
175th St, Renton, WA 98058.
Assistant Economic Development Director, Amanda Free, reported that a settlement
agreement to forfeit real property had been approved by Council on August 14, 2023. She
stated that a Request for Quotations was posted for real estate services and a real estate
agent was selected to assist with the sale of the property. Ms. Free reported that the house
was listed for sale on February 1, 2024, and that offers were requested to be submitted no
later than noon February 5, 2024.
Concluding, she stated that the purpose of this hearing is to solicit comments from the public
and present council with dollar amount of highest offer which came in at $805,000. Ms. Free
stated that Council has the option to approve or deny the sale, but that staff recommendation
is to approve the sale and authorize the Mayor and City Clerk to execute all necessary
documents to complete the sale.
There being no correspondence or public comments, it was
MOVED BY PÉREZ, SECONDED BY PRINCE, COUNCIL CLOSE THE PUBLIC HEARING.
CARRIED.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL AUTHORIZE THE MAYOR
AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE
SALE OF THE PROPERTY. CARRIED.
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City's recent
progress towards goals and work programs adopted as part of its business plan for 2024 and
beyond. Item noted was:
• Information about preventive street maintenance, traffic impacts projects, and road
closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open.
AGENDA ITEM #6. a)
February 5, 2024 REGULAR COUNCIL MEETING MINUTES
AUDIENCE COMMENTS
• Eric Tran, Renton business owner, spoke about the hardships local business owners
are facing. He also spoke in opposition to the proposed minimum wage ordinance.
• Mark Peterson, Renton, spoke in favor of the proposed alley vacation, VAC-23-001.
He noted that not every affected homeowner would approve of a potential land swap
as compensation for the vacation but noted that he and other neighbors would pay
more than their fair share to make sure this issue is settled.
• Linda Nealy, Renton, spoke in favor of proposed street vacation, VAC-23-001. She
stated it is more about safety than money for her and urged Council to adopt the
effectuating ordinance sooner rather than later.
• Gretchen Wix, Renton, also spoke in favor of proposed street vacation, VAC-23-001.
She echoed Mr. Peterson's concerns about a potential land swap and remarked that if
the compensation could not be set at zero percent, maybe it could be set at fifty
percent of the appraised value.
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 1/22/2024. Council Concur.
b) AB - 3503 Community & Economic Development Department recommended execution of an
agreement with the U.S. Small Business Administration to accept $1,500,000 in grant funds to
supplement portions of the design and construction budget to transform the existing Pavilion
Building into a year-round food hall and market. Refer to Finance Committee.
c) AB - 3506 Community & Economic Development Department recommended execution of a
consultant agreement with Pyramid Communications, in an amount not to exceed $150,000,
for strategic marketing assistance for city-wide economic development and tourism. Refer to
Finance Committee.
d) AB - 3507 Executive Services Department recommended execution of an agreement with
Granicus, LLC, in the amount of $232,500, for website design services to design and launch a
new RentonWa.gov website. Refer to Finance Committee.
e) AB - 3493 Parks & Recreation Department - PPNR recommended execution of the Capital
Project Grant Agreement with King County to accept $800,000 in grant funds for the May
Creek Trail South project. This project constructs a trail and trail bridge on the south side of
May Creek between Lake Washington Blvd N and I-405 among other improvements. Refer to
Finance Committee.
f) AB - 3491 Police Department recommended approval of an Interlocal Agreement with Puget
Sound Regional Fire Authority, in the amount of $182,875, to implement an FDCARES pilot
program in Renton. This agreement includes but is not limited to the de-escalation of non-
violent community members in crisis with behavioral health disorders and connects them to
appropriate resources. Refer to Finance Committee.
AGENDA ITEM #6. a)
February 5, 2024 REGULAR COUNCIL MEETING MINUTES
g) AB - 3502 Police Department recommended adoption of resolutions authorizing the
execution of interlocal agreements with the cities of Auburn, Burien, Covington, and Tukwila
for their utilization of Renton's electronic home monitoring program for eligible offenders
sentenced by participant's municipal court. Refer to Finance Committee.
h) AB - 3508 Public Works Airport recommended approval of the Assignment and Assumption of
Ground Lease LAG-99-006 and Assignment and Assumption of Sub Ground Lease LAG-99-002
with FBO Capital Group Management dba Dark Horse Aviation to transfer the leasehold
interest in land, buildings, and facilities at the Renton Airport from Renton Gateway, LLC to
Dark Horse Aviation. Refer to Transportation (Aviation) Committee.
i) AB - 3488 Public Works Facilities Division recommended adoption of an ordinance extending
the temporary waiver of City Center Parking Garage fees for periods up to ten (10) hours until
December 31, 2024. Council Concur.
j) AB - 3500 Public Works Transportation Systems Division recommended adoption of a
resolution authorizing the full weekend closure of NE 44th St between N 43rd St and I-405 for
the purpose of lowering NE 44th St to its final elevation west of I-405 and for the construction
of infrastructure needed for the proposed Sound Transit Bus Rapid Transit System at NE 44th
St. Refer to Transportation (Aviation) Committee.
k) AB - 3501 Public Works Transportation Systems Division recommended execution of the
2024-2025 ORCA Business Cards and Business Passports Products agreement with King
County Metro, in the amount of $113,190.48, for public transit passes for up to 348 eligible
employees. Refer to Transportation (Aviation) Committee.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
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) Utilities Committee: Chair Vǎn presented a report recommending concurrence in the staff
recommendation to authorize the Mayor and City Clerk to execute the agreement with WSP USA,
Inc., in the amount of $549,954 for design services for the Lind Ave SW Storm System
Improvement project.
MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
b) Transportation Committee: Chair McIrvin presented a report recommending concurrence in the
staff recommendation to authorize the Mayor and City Clerk to sign the interlocal agreement
with the City of Kent for the SW 43rd St Pavement Preservation project. The committee further
recommended that a resolution regarding this matter be presented for adoption at tonight's
Council meeting.
MOVED BY MCIRVIN, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
February 5, 2024 REGULAR COUNCIL MEETING MINUTES
LEGISLATION
Resolution:
a) Resolution No 4518: A resolution of the City of Renton, Washington, authorizing an interlocal
agreement between the City of Renton and the City of Kent for the SW 43rd Street
Preservation project.
MOVED BY MCIRVIN, SECONDED BY VǍN, COUNCIL ADOPT THE RESOLUTION AS
PRESENTED. CARRIED.
Ordinances for first reading:
a) Ordinance No. 6131: An ordinance of the City of Renton, Washington, relating to the
temporary waiver of parking fees for the City Center Parking Garage established by Ordinance
No. 5997 and extended and amended by Ordinance Nos. 6018, 6039, and 6065, in response to
the operational limits on businesses to extend the temporary waiver of parking fees for
parking for periods of up to 10 hours within the city’s city center parking garage located at
655 South 2nd Street, providing for severability, and establishing an effective date.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.)
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADJOURN. CARRIED. TIME: 7:35 PM
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
05 Feb 2024
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
February 5, 2024
February 12, 2024
Monday
2:00 PM Transportation Committee, Chair McIrvin
Location: Council Conference Room/Videoconference
1. Lease Assignment for Renton Gateway Center, LLC
2. 2024-2025 ORCA Business Cards and Business Passport Products Agreement
3. Full Weekend Closure – NE 44th Street between N 43rd St. and I-405
2:45 PM * Community Services Committee, Chair Alberson
Location: Council Conference Room/Videoconference
1. Emerging Issues in Parks & Recreation
3:45 PM * Finance Committee, Chair O’Halloran
Location: Council Conference Room/Videoconference
1. Lease Addendum 4 for LAG-12-001 with Rain City Catering *
2. Interlocal Agreement with Puget Sound Regional Fire Authority for the
Regional FD CARES Pilot Project
3. Interlocal Agreements with City of Auburn, City of Burien, City of Covington,
and City of Tukwila for Electronic Home Monitoring Program and Related
Services
4. King County Parks Levy, Aquatic Facilities Funding – Henry Moses Aquatic
Center Improvements *
5. May Creek Trail South: King County Capital Project Grant Agreement
6. Agreement Amendment with U.S. Small Business Administration for Logan
Place Market
7. Contract Proposal for Strategic Marketing Services - Renton Community
Marketing Campaign
8. Agreement with Granicus, LLC for Website Design Services
9. Vouchers
10. Emerging Issues in Finance
5:00 PM Planning & Development Committee, Chair Pérez
Location: Council Conference Room/Videoconference
1. Rainier/Grady Junction TOD Subarea Draft EIS Update
2. Emerging Issues in CED
6:00 PM Lunar New Year Reception
Location: Conferencing Center
No official Council action will be taken during this Reception.
CANCELED Committee of the Whole, Chair Prince
7:00 PM Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #6. a)
AB - 3511
City Council Regular Meeting - 12 Feb 2024
SUBJECT/TITLE: 2024 Title IV Docket #19
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development
Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Angie Mathias, Long Range Planning Manager
EXT.: 6576
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Should the 2024 Title IV Docket #19 work program be referred to the Planning & Development Committee and
the Planning Commission for consideration and potential adoption?
RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the
Development Regulations (Title IV Docket) process is specifically listed. Land Use Regulations review occurs
upon Council request. The Planning Commission will make recommendations regarding the Land Use
Regulations to the Council. Final recommendation of the Title IV Docket is the authority of the Council.
Title IV Development Regulations
This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has
compiled a series of amendments to Title IV of the Renton Municipal Code (Development Regulations) that
initiates several regulatory initiatives that respond to important issues facing the City. The proposed list of
amendments includes City initiated amendments as shown in the Table below.
This Docket cycle consists primarily of required changes to Code in response to State Legislation that has been
adopted over the last two years. Many of the items are required to be in place by June 30, 2025. Staff would like
to ensure compliance with these new requirements and focus on the needed amendments with the Docket for the
next 18 months.
See attached issue paper for description of proposed docket list as well as other details.
EXHIBITS:
A. Issue Paper
STAFF RECOMMENDATION:
Refer the additional items for the 2024 Title IV Docket #19 to the Planning and Development Committee and
Planning Commission for review. Following this review, the Planning Commission will present code revision
recommendations to Council.
AGENDA ITEM #6. b)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: February 1, 2024
TO: Ed Prince, Council President
Members of Renton City Council
VIA: Armondo Pavone, Mayor
FROM: Brianne Bannwarth, Interim CED Administrator (x7299)
STAFF CONTACT: Angie Mathias, Long Range Planning Manager (x6576)
SUBJECT: 2024 Title IV Docket #19
ISSUE:
Should the 2024 Title IV Docket #19 work program be referred to the Planning & Development Committee
and the Planning Commission for consideration and potential adoption?
RECOMMENDATION:
Refer the additional items for the 2024 Title IV Docket #19 to the Planning and Development Committee
and Planning Commission for review. Following this review, the Planning Commission will present code
revision recommendations to Council.
BACKGROUND SUMMARY:
RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the
Development Regulations (Title IV Docket) process is specifically listed. Land Use Regulations review
occurs upon Council request. The Planning Commission will make recommendations regarding the Land
Use Regulations to the Council. Final recommendation of the Title IV Docket is the authority of the Council.
Title IV Development Regulations
This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has
compiled a series of amendments to Title IV of the Renton Municipal Code (Development Regulations)
that initiates several regulatory initiatives that respond to important issues facing the City. The proposed
list of amendments includes City initiated amendments as shown in the Table below.
This Docket cycle consists primarily of required changes to Code in response to State Legislation that has
been adopted over the last two years. Many of the items are required to be in place by June 30, 2025.
Staff would like to ensure compliance with these new requirements and focus on the needed amendments
with the Docket for the next 18 months.
CONCLUSION:
The proposed schedule for review of the Title IV Docket #19 Amendments is for the Planning Commission
review to occur through December 2024 into 2025.
AGENDA ITEM #6. b)
2024 TITLE IV DOCKET #19
City-Initiated Amendments
1. HB 1110 Middle Housing
Must allow 4 units per lot, 6 if within 1/4 mile of major transit stop or if 2 are affordable. Must allow 6 of 9
types of middle housing: duplex, triplex, fourplex, fiveplex, sixplex, townhomes, stacked flats, courtyard
apartments, cottage housing. New restrictions on parking requirements, including can't require any if within
1/4 mile of a major transit stop. Staff would also like to revise the residential access street cross section width
from 53-feet to 60-feet. Adding the width will provide space for an additional on-street parking lane to provide
capacity for infill development A, the revised cross section width will allow us to provide curb-bulbs on both
sides of intersections thereby reducing pedestrian crossing vulnerabilities. Lastly, consider requiring unit lot
subdivisions for new townhouse development to encourage homeownership opportunities. Currently, unit
lot subdivisions are required for townhome development in the Residential Multifamily (RMF) Zone, allowing
townhouses to be sold as fee-simple lots.
2. HB 1337 Accessory Dwelling Units (ADUs)
Two ADUs per lot must be allowed, in addition to the principal unit, for lots that meet the minimum lot size
required for the principal housing unit. Local regulations must permit ADUs to be attached, detached or a
combination of both types. In addition, a conversion of an existing structure, such as a detached garage, must
be allowed. Cannot require ADUs to be smaller than 1,000 sq ft. Cannot require owner occupancy of any unit.
Cannot require parking if within 1/2 mile of major transit stop. Sliding scale parking requirements based on
lot size and proximity to major transit stop. Can require up to two off-street parking spaces per unit.
Includes provisions and restrictions for impact fees; cities may not assess impact fees that are greater
than 50% of the impact fee that would be applied to the primary residence.
3. SB 5412 SEPA Exemptions for Housing
All projects that include one or more housing units are categorically exempt from SEPA review. Also, Remove
SEPA exempt development from Master Plan Review and Site Plan Review exemption criteria. RMC 4-9-
200C.1.c and RMC 4-9-200C.2.b
4. HB 5290 Local Project Review
Amends Local Project Review to consolidate local permit review processes for residential permits. Exempts
interior alterations from site plan review. Includes a payback provision for not meeting the deadline.
Remove variance language from driveway grade limitations in RMC 4-4-080I.6.
5. HB 1293 Streamline Design Review
Cannot require more than one public meeting for projects. Design review must be conducted concurrently
with consolidated project review. Design standards must have at least one ascertainable guideline, standard,
or criterion by which an applicant can determine if a given design is permissible.
6. HB 1042 Conversion to Housing
Must allow conversion of commercial and mixed-use buildings to multi-family housing. Allow 50% density
increase than permitted in the zone if entirely within existing building envelope. Not allowed to require
parking, can require parking be retained. Can't deny building permit based on existing non-conformities.
7. HB 1326 Utility Connection Fee Waiver
Allows waiver of connection charges for development by a non-profit, public development authority, housing
authority, or local agency that provides emergency shelter, transitional housing, permanent supportive
housing, or affordable housing. Charges waived shall be funded using general funds, grant dollars, or other
identified revenue stream.
AGENDA ITEM #6. b)
8. Critical Area Regulations Review
Update Critical Areas regulations and review Best Available Science. In 2020 WDFW made a shift in
terminology from referencing protected riparian areas as “stream buffers” to “riparian management zones
(RMZs).”
9. HB 1799 Solid Waste Standards
• Review minimum size requirements of garbage and recyclables deposit areas in multifamily developments
and nonresidential developments
• Consider adding minimum size requirements for organic waste collection areas in multifamily
developments and nonresidential developments
• Review size requirements of signs in waste enclosures
• Review RMC for consistency with recently adopted state legislation (2022 Organics Management Law)
related to requiring businesses to divert organic materials away from landfill disposal
10. Code Interpretations
Administrative Policy and Code Interpretations are binding interpretations concerning land use codes
administered by the City. Drafts are posted online and public comments may be provided. Interpretations are
then issued subject to comments received. Interpretations may be appealed. Staff try to codify the
interpretations on an annual basis.
Housing Action Plan
1. MFTE and Waived Fees Programs
MFTE and Waived Fees programs sunset at the end of 2024 and need to be advanced as a docket item to
extend the sunset date 3 years.
AGENDA ITEM #6. b)
AB - 3512
City Council Regular Meeting - 12 Feb 2024
SUBJECT/TITLE: Renton Middle Housing Development Regulations 2023-2025 DOC
Grant Acceptance and MAKERS Agreement Approval
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Katie Buchl-Morales, Senior Planner
EXT.: 6578
FISCAL IMPACT SUMMARY:
The Department of Commerce awarded the City of Renton a grant in the amount of $49,445, not to exceed
$50,000, to develop and draft a middle housing ordinance. Grant funds shall be administered through June 30,
2025.
SUMMARY OF ACTION:
HB 1110 added new requirements for cities across the State of Washington to address zoning requirements
for middle housing. Grant funding was awarded to develop a draft middle housing ordinance, in compliance
with HB 1110. Grant activities include stakeholder engagement, review and evaluation of existing regulations
for needing middle housing related amendments, and the development of a draft middle housing ordinance.
EXHIBITS:
A. DOC AWARD LETTER
B. DOC AGREEMENT
C. MAKERS ARCHITECTURE & URBAN DESIGN LLP AGREEMENT AND EXHIBITS
STAFF RECOMMENDATION:
Staff recommendations that Council take the following actions:
1. Authorize the execution of grant agreement with the Department of Commerce for $49,445, not to
exceed $50,000, in grant funds to be used to develop a draft Middle Housing ordinance.
2. Upon approval of the grant agreement, authorize the Mayor and City Clerk to enter into an agreement
with MAKERS Architecture & Urban Design, LLP., in the amount of $49,961 to assist in the
development and drafting of a middle housing ordinance.
AGENDA ITEM #6. c)
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
October 17, 2023
The Honorable Armondo Pavone
Mayor
City of Renton
1055 South Grady Way
Renton, Washington 98057
Delivered via email.
RE: Middle Housing Program Grant
Greetings:
I am pleased to inform you that the City of Renton has been awarded $50,000 in 2023-2025
Middle Housing Grant Program funds to support the adoption of policies and codes and the
implementation of other measures specific to HB 1110.
The Washington Department of Commerce, Growth Management Services (GMS) unit will
administer the middle housing grant program. Before we disburse the funds, a contract with a
final agreed upon scope of work and budget will need to be discussed and executed between
your organization and the Department of Commerce. Funds may be retroactively applied to
project costs related to your grant scope of work, beginning July 1, 2023, the date the funding
became available.
Please note, these funds are specifically for middle housing activities and may not pay for work
already paid for by other Commerce grant programs such as periodic update grants or climate
grants. Thus, that may need to be addressed during the finalization of your contract.
These grant funds are authorized by the 2023-2025 State Operating Budget (Senate Bill 5187)
which directs Commerce to administer grants and provide technical assistance to cities or
counties for actions relating to adopting ordinances that plan for and accommodate housing.
AGENDA ITEM #6. c)
The Honorable Armondo Pavone
October 17, 2023
Page 2
Deborah Jacobs or another member of our team will be in touch with you to develop the contract
and answer questions. You can reach Deborah at deborah.jacobs@commerce.wa.gov.
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
cc: Angie Mathias, Long Range Planning Manager
Raevel Chea, Senior Finance Analyst
Anne Fritzel, Housing Programs Manager, Growth Management Services
Dave Osaki, Middle Housing Program Manager, Growth Management Services
Deborah Jacobs, Housing Contracts Officer, Growth Management Services
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 3 of 15
Face Sheet
Contract Number: 24-63336-134
Local Government Division Growth Management Services
Middle Housing Grants
1. Contractor 2. Regional Planner
City of Renton
1055 South Grady Way
Renton, WA-98057
Catherine McCoy
Catherine.McCoy@Commerce.wa.gov
3. Contractor Representative 4. COMMERCE Representative
Angie Mathias
Long Range Planning Manager
425-430-6576
amathias@rentonwa.gov
Anne Aurelia Fritzel
Housing Planning Manager
360-259-5216
Anne.Fritzel@commerce.wa.gov
1011 Plum Street SE
Olympia, WA 98504
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$50,000 Federal: State: Other: N/A: Date of Execution June 30, 2025
9. Federal Funds (as applicable)
N/A
Federal Agency:
N/A
ALN
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. UEI #
N/A 0012200-11 177-000-094 N/A
14. Contract Purpose
For activities that support the preparation and adoption of policies and/or codes and other measures specific to implement
middle housing (RCW 36.70A.030(26)) by applicable statutory deadlines.
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized
to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract
and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope
of Work, and Attachment “B” – Budget.
FOR CONTRACTOR FOR COMMERCE
Armondo Pavone, Mayor
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Exhibit 3: WA Dept of Commerce Grant
Page 3 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 4 of 15
Special Terms and Conditions
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39.34 RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $50,000 (fifty thousand dollars), for the performance
of all things necessary for or incidental to the performance of work under this Contract as set forth in
the Scope of Work.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of deliverables provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly nor less than quarterly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number 24-
63336-134.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The Contractor must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service. Any payment made by COMMERCE
for costs that are determined to be duplicate, in Commerce’s sole determination, shall be subject to
recapture and may result in suspension or termination of this Contract.
Exhibit 3: WA Dept of Commerce Grant
Page 4 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 5 of 15
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
5. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the
portion of Contract funds expended for work performed by subcontractors, including but not
necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
“Subcontractors” shall mean subcontractors of any tier.
6. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
7. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A – Scope of Work
• Attachment B – Budget
Exhibit 3: WA Dept of Commerce Grant
Page 5 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 6 of 15
General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing
to act on the Director’s behalf.
B. “COMMERCE” shall mean the Washington Department of Commerce.
C. “Contract” or “Agreement” or “Grant” means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
E. “Personal Information” shall mean information identifiable to any person, including, but not
limited to, information that relates to a person’s name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and “Protected Health Information” under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. “State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing
all or part of those services under this Contract under a separate contract with the Contractor.
The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be
transferred or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as
“confidential” by COMMERCE;
ii. All material produced by the Contractor that is designated as “confidential” by
COMMERCE; and
Exhibit 3: WA Dept of Commerce Grant
Page 6 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 7 of 15
iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing,
transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent
of COMMERCE or as may be required by law. The Contractor shall take all necessary steps
to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE
reasonably determines has not been adequately protected by the Contractor against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works
for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE
shall be considered the author of such Materials. In the event the Materials are not considered
“works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right,
title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of
publicity to COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent,
register and the ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The
Contractor warrants and represents that the Contractor has all rights and permissions, including
intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to
COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed
upon the Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make
Exhibit 3: WA Dept of Commerce Grant
Page 7 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 8 of 15
a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the
majority prevailing. The determination of the Dispute Board shall be final and binding on the parties
hereto. As an alternative to this process, either of the parties may request intervention by the
Governor, as provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be
subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly
authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this Contract and prior to normal completion, COMMERCE may
suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten
calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the
new funding limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the contract.
Exhibit 3: WA Dept of Commerce Grant
Page 8 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 9 of 15
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person
or entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable
term or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any
breach in the performance of the Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor’s performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract.
Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of
the need to take corrective action. If corrective action is not taken within 30 calendar days, the
contract may be terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement
contract, e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the Contractor or a decision by
COMMERCE to terminate the contract. A termination shall be deemed a “Termination for
Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform
was outside of his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the
terms of this Contract for services rendered or goods delivered prior to the effective date of
termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
Exhibit 3: WA Dept of Commerce Grant
Page 9 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 10 of 15
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case
the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to
agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
contract. COMMERCE may withhold from any amounts due the Contractor such sum as the
Authorized Representative determines to be necessary to protect COMMERCE against potential
loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Contractor under the
orders and subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent
directed by the Authorized Representative any property which, if the contract had been
completed, would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the
Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of
such property in the performance of this contract, or (ii) commencement of use of such property in
the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole
or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
Exhibit 3: WA Dept of Commerce Grant
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AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 11 of 15
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of
the Contractor to maintain and administer that property in accordance with sound
management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to
settlement upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor’s employees,
agents or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Exhibit 3: WA Dept of Commerce Grant
Page 11 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 12 of 15
Attachment A: Scope of Work
Grant Objective: Adopt Middle Housing ordinance with a process that includes
public and stakeholder engagement.
Actions/Steps/
Deliverables
Description Start Date End Date
Action 1 Middle Housing Public
Engagement Plan and
Materials
January 2024 February
2024
Step 1.1 Project Initiation January 2024 February
2024
Step 1.2 Develop Public
Engagement Plan
January 2024 February
2024
Step 1.3
Prepare
engagement/informational
materials for the public
related to middle housing.
February 2024 February
2024
Deliverable 1 Middle Housing Public
Engagement Plan and
Deliverables
February 29,
2024
Action 2 Middle Housing Public
Engagement
February 2024 June 2024
Step 2.1
Post informational
materials in the city’s
shopping districts,
community spaces, and
public plazas. City events
will be utilized for public
notice.
February 2024 Ongoing
Step 2.2 Create a webpage utilizing
informational materials.
February 2024 Ongoing
Step 2.3 Perform Engagement. March/April
2024
March/April
2024
Exhibit 3: WA Dept of Commerce Grant
Page 12 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 13 of 15
Step 2.4 Summarize results.
Develop a report
summarizing public
engagement efforts,
feedback received, and
assessed efficacy.
May/June 2024 May/June
2024
Deliverable 2 Public Engagement
Results for Report and
Engagement Summary
Report
June 15,
2024
Action 3 Develop Middle Housing
Development
Regulations
June/July 2024 February
2025
Step 3.1 Review and evaluate
existing development
regulations and design
standards for needed
middle housing related
amendments
June/July 2024 December
2024
Step 3.2 Review Commerce Middle
Housing Model Ordinance
and other resources
July 2024 February
2024
Step 3.3 Audit policies and code for
HB 1110 compliance
July 2024 February
2025
Step 3.4 Draft Middle Housing
development regulation
amendments
July 2024 February
2025
Step 3.5 Provide briefings to the
Planning Commission and
to City Council’s Planning
and Development
Committee. Briefings to
City Council’s Committee
of the Whole may be
necessary.
June/July 2024 February
2025
Step 3.6 Prepare ordinance for City
Attorney review
February 2025 March 2025
Deliverable 3 Compliance Summary
Document and Draft
Middle Housing
Ordinance
March 31,
2025
Exhibit 3: WA Dept of Commerce Grant
Page 13 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 14 of 15
Action 4 Adopt Middle Housing
Ordinance
March 2025 June 10,
2025
Step 4.1 Planning Commission
Briefing and Public Hearing
March 2025 March 2025
Step 4.2 Transmit draft Middle
Housing ordinance to the
State for State agency
review (RCW 36.70A.106)
March 2025 April 2025
Step 4.3 Planning Commission
Deliberations and
Recommendation
April 2025 May 2025
Step 4.4 City Council consideration
of Planning Commission
recommendation
May 2025 June 2, 2025
Step 4.5 City Council adoption of
Middle Housing
development regulation
amendment ordinance
May 2025 June 9, 2025
Deliverable 4 Middle Housing
Ordinance
June 9, 2025
Exhibit 3: WA Dept of Commerce Grant
Page 14 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 15 of 15
Attachment B: Budget
Funds must be invoiced in the appropriate fiscal year (FY1 or FY 2), or they may not be able to be
paid. Please be sure to invoice for all FY 1 by June 30, 2024 and FY 2 by June 30, 2025.
Grant Objective: Adopt Middle
Housing ordinance with a process
that includes public and stakeholder
engagement. FY
Commerce
Funds
Responsible
Party
Deliverable 1. Middle Housing
Public Engagement Plan FY1 – February 29, 2024 $4,773
Consultant
and City of
Renton
Deliverable 2. Public Engagement
Results for Report and
Engagement Summary Report
FY1 – June 15, 2024 $20,000
Consultant
and City of
Renton
Deliverable 3. Compliance
Summary Document and Draft
Middle Housing Ordinance
FY2 – March 31, 2025 $14,672
Consultant
and City of
Renton
Deliverable 4. Draft Middle Housing
Ordinance FY2 – June 9, 2025 $10,000 City of Renton
Total: $49,445
Exhibit 3: WA Dept of Commerce Grant
Page 15 of 15
AGENDA ITEM #6. c)
AGREEMENT FOR UPDATING RENTON MIDDLE HOUSING
DEVELOPMENT REGULATIONS 2023-2025
THIS AGREEMENT, dated for reference purposes only as January 22, 2024, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and MAKERS Architecture &
Urban Design LLP (“Consultant”), WA Limited Liability Partnership. The City and the Consultant
are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties,
this Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide assistance in updating development
regulations for compliance with 2023 Engrossed Second Substitute House Bill 1110,
including facilitating public engagement and draft ordinance, as specified in Exhibit 1,
which is attached and incorporated herein and may hereinafter be referred to as the
“Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit 2 or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit 1. All Work shall be performed by no later
than June 15, 2025.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $49,961, plus any applicable state and local sales taxes.
Compensation shall be paid based upon Work actually performed according to the
rate(s) or amounts specified in Exhibit 2. The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit 2. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
AGENDA ITEM #6. c)
PAGE 2 OF 10
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
AGENDA ITEM #6. c)
PAGE 3 OF 10
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
AGENDA ITEM #6. c)
PAGE 4 OF 10
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
AGENDA ITEM #6. c)
PAGE 5 OF 10
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
AGENDA ITEM #6. c)
PAGE 6 OF 10
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Katie Buchl-Morales
1055 South Grady Way
Renton, WA 98057
CONSULTANT
Rachel Miller
500 Union Street Suite 700
Seattle WA 98101
AGENDA ITEM #6. c)
PAGE 7 OF 10
(425) 430-6578
kbuchl-morales@rentonwa.gov
(206) 602-6229
rachelm@makersarch.com
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
AGENDA ITEM #6. c)
PAGE 8 OF 10
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Katie Buchl-
Morales. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to th e extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
AGENDA ITEM #6. c)
PAGE 9 OF 10
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
AGENDA ITEM #6. c)
PAGE 10 OF 10
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
O. Additional Requirements. The Parties are bound by all applicable terms of the Middle
Housing Grant from the Washington Department of Commerce (“Commerce”)
(Contract# 24-63336-134) attached hereto at Exhibit 3 and incorporated herein by
reference. Commerce and the State of Washington are not liable for claims or
damages arising from a Subcontractor’s (here, Consultant) performance of the
subcontract (this Agreement).
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Bob Bengford
Partner
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
M. Patrice Kent
Senior Assistant City Attorney
Contract Template Updated 5/21/2021 (h/contract/2024/2931)
January 31, 2024
AGENDA ITEM #6. c)
RENTON MIDDLE HOUSING DEVELOPMENT REGULATIONS
SCOPE OF WORK
January 17, 2024
MAKERS architecture and urban design LLP 1
1/19/2024 9:27 AM
PROJ EC T G OAL
This project assists the City of Renton (City) in updating development regulations to encourage more middle
housing options within the City. To align with requirements of the Middle Housing Grant the City received from the
Washington Department of Commerce (Commerce), this effort will support the following goals:
1.Effectively engaging the public and stakeholders;
2.Preparing materials and hosting meetings to ensure the future regulations are well understood and
accepted by City of Renton residents and the development community;
3.Drafting the ordinance in a timely manner;
4.Adopting the ordinance before June 15, 2025; and
5.Comprehensive documentation demonstrating the City’s compliance with HB 1110.
1.MIDDLE HOUSING PUBLIC ENGAGEMENT P LAN
1.1. PROJ EC T INITIATION
MAKERS will coordinate with lead City staff to host a project kick-off meeting between MAKERS and key
staff involved in the project. Meeting will identify engagement goals and potential strategies; review key
deliverables and Commerce grant requirements, discuss coordination needs for Planning Commission and
City Council, and other items as identified by staff.
1.2 . DEVELOP PUBLIC ENGAGEMENT PLAN
MAKERS will review a draft engagement plan/memo developed by City staff, discuss with staff during a
project coordination meeting, and provide comments to guide final updates. Draft engagement memo
should identify key audiences for engagement and the types of materials needed. Staff will make updates to
finalize the engagement memo.
1.3 . PROJ EC T MANAGEMENT AND COORDINATION
MAKERS will develop monthly invoices and attend monthly (or up to bimonthly) project coordination
meetings with City staff throughout the duration of the project. Note, this task’s hours are built into all phases
of work.
MEETINGS
Project kickoff (In-person)
Monthly check-in meetings
DELIVERABLES
Public Engagement Plan
SCHEDULE
December 2023 – January 2024
EXHBIT 1: SCOPE OF WORKAGENDA ITEM #6. c)
RENTON MIDDLE HOUSING DEVELOPMENT REGULATIONS
SCOPE OF WORK
January 17, 2024
MAKERS architecture and urban design LLP 2
1/19/2024 9:27 AM
ASSUMPTIONS
The engagement plan will be a short memo or presentation, depending which format is determined by the
team to most efficiently organize and convey engagement responsibilities, desired tactics, and target
timelines.
2.MIDDLE HOUSING PUBLIC ENGAGEMENT
2 .1. PREPARE ENGAGEMENT MATERIALS
MAKERS and staff will develop a list of mutually agreed-upon materials/graphics, achievable for the time
allocated to this task, that will provide an overview of the types of development regulation changes the
project will explore and ways to meaningfully engage with the options to inform the draft ordinance. These
materials can be used to help communicate HB 1110 and its implications, convey changes to developers,
staff, and community members, and encourage interaction and feedback/co-creation of the material.
Materials may be a combination of graphics and text, and should be formatted to be published on the City’s
website as well as developed as print materials (info sheets, etc.) for public events.
2.2. PERFORM ENGAGEMENT
Using the materials produced under Task 2.1, MAKERS will lead the facilitation of engagement activities,
potentially including public workshops, targeted engagement interviews, advisory group meetings, or online
surveys, to be mutually agreed on per the assumptions outlined below. MAKERS will likely facilitate up to two
2-hour engagement activities. City staff will identify targeted engagement opportunities and coordinate the
event logistics, including dates, location, presentation format, local promotion and noticing, etc. MAKERS will
coordinate with City staff to develop a list of key discussion questions or desired meeting outcomes. The
number of meetings attended will be based on meeting length, format (virtual vs. in-person), and complexity
(simple interview vs workshop with multiple interactive activities) as budget allows.
2.3. SUMMARIZE RES ULTS
MAKERS will prepare the engagement summary report with review from the City.
MEETINGS
Public workshop(s) or open house(s) (if requested and as budget allows)
Stakeholder interviews (if requested and as budget allows)
Focus or advisory group meeting(s) (if requested and as budget allows)
DELIVERABLES
Public engagement materials (number/type of graphics to be mutually agreed on)
Public engagement results for report
Engagement summary report
SCHEDULE
January 2024 – June 2024
EXHBIT 1: SCOPE OF WORKAGENDA ITEM #6. c)
RENTON MIDDLE HOUSING DEVELOPMENT REGULATIONS
SCOPE OF WORK
January 17, 2024
MAKERS architecture and urban design LLP 3
1/19/2024 9:27 AM
ASSUMPTIONS
Consultant involvement in engagement strategies will be achievable within the project timeline and scaled to
align with the proposed level of effort and available budget.
For materials preparation, assume 8 hours of project manager and 16 hours of support staff time per 1 hour of
engagement activity.
For in-person meeting facilitation, assume 4 hours (to include 2 hour meeting, room set-up/tear-down, and
one-way travel) per staff, plus rental car fee (around $100). For virtual meeting facilitation, assume time in
meeting plus .5 hours for pre-meeting organization and post-meeting debrief.
For surveys, assume 40-60 hours per survey, depending on complexity.
City staff will lead the website and social media efforts.
City staff will lead local promotion and public noticing.
City staff will lead engagement logistics and cover expenses, such as venue securing, food, childcare,
wayfinding, etc.
3.DEVELO P MIDDLE HOUSING DEVELOPMENT REGULATIONS
3 .1. REVIEW EXISTING REGULATIONS AND DESIGN STANDARDS
MAKERS will provide an overview of existing relevant regulations and the City will review MAKERS’ overview
and include any relevant updates already in progress. MAKERS will evaluate existing development
regulations for needed middle housing related amendments, specifically existing residential development
regulations and design standards. MAKERS will coordinate with City staff and identify updates needed.
3.2. REVIEW C OMMERC E MIDDLE HOUSING ORDINANC E
MAKERS will review Commerce Middle Housing Model Ordinance and supporting resources, and advise staff
during project coordination meetings on how the City can incorporate elements into their code updates.
3.3. AUDIT POLICIES AND CODE FOR HB 1110 COMPLIANCE
City staff will identify, and provide Word documents for, the relevant Comprehensive Plan policies and RMC
sections for MAKERS to audit. MAKERS will perform a policy and code audit to document where
comprehensive plan goals and policies, as well as existing RMC, does not comply with HB 1110. This step
will rely on the outcomes of Tasks 3.1 and 3.2 and form the basis of the code concepts outline developed in
Task 3.4. MAKERS will track suggested changes to Comprehensive Plan policies as part of the audit and
note the rationale for the amendment (e.g., “revised for consistency with HB 1110”).
3.4. DRAFT DEVELOPMENT REG ULATIO NS
MAKERS will develop a draft outline of proposed concepts/updates. City staff will review and update the
outline before MAKERS begins drafting amendments. (This may occur on a topic-by-topic rolling basis.)
MAKERS will propose RMC language with tracked changes and note the purpose or rationale for the
amendment (e.g., "Revised for consistency with HB 1110.") MAKERS will develop a working draft of the
Middle Housing development regulation amendments and present to staff during project coordination
meetings. City staff will provide written comments on the draft, and MAKERS will provide one update to the
EXHBIT 1: SCOPE OF WORKAGENDA ITEM #6. c)
RENTON MIDDLE HOUSING DEVELOPMENT REGULATIONS
SCOPE OF WORK
January 17, 2024
MAKERS architecture and urban design LLP 4
1/19/2024 9:27 AM
draft development regulations. City staff will develop the draft ordinance based on the updated draft that
MAKERS provides.
MEETINGS
Up to 2 Planning Commission meetings
DELIVERABLES
Draft Middle Housing Development Regulations
Compliance summary document
SCHEDULE
July 2024 – March 2025
4.ADOPT MIDDLE HOUSING DEVELOPMENT REGULATION AMENDMENTS
City staff leads this phase of work. MAKERS is not expected to be involved at this stage.
G ENERAL ASSUMPTIONS
Hours not fully used for one task or expense may be reallocated to other tasks.
This SOW assumes an 18-month project schedule (Jan 2024-Jun 2025).
The City will provide necessary background information, including existing policies and regulations. To keep the
project on schedule, the City will endeavor to provide information requested within one week from the date of
request.
The City shall keep the consultants apprised of parallel planning efforts or Commerce guidance of consequence
to this project. Any new information arising over the course of the project shall be provided to MAKERS as soon
as feasible. If this new information impacts the content of a substantially developed work product, MAKERS will
endeavor to incorporate such new information into the final work product, if possible, given available time and
budget.
No more than two versions (draft and final) of any deliverable will be provided. The City will distribute materials
for review and coordinate/consolidate internal review comments received.
City reviews of minor deliverables (presentations and memos) are assumed to occur within one week, with an
additional week allocated for consultant revisions in response to city comments. City review of the draft report
is assumed to occur within two weeks, with two weeks allocated for consultant revisions.
Project coordination meetings assume virtual participation.
This budget does not cover cost for translation of materials for meetings or language interpretation needed for
meetings. City staff to identify translation and interpretation resources to support community engagement. The
City provides interpretation for synchronous meetings when needed.
EXHBIT 1: SCOPE OF WORKAGENDA ITEM #6. c)
Attachment #2, Budget
Partner in
Charge
Project
Manager
Planner/Graphi
c Support
(blended rate)
$240 $185 $130 Est. Cost by
Task
1. Middle Housing (MH) Public Engagement Plan 4,090$
1.1 Project initiation 4 4 4 $ 2,220
1.2 Engagement plan 2 2 $ 630
1.3 Management & coordination 1 4 2 $ 1,240
2. MH Public Engagement 21,350$
2.1 Engagement materials 8 28 66 $ 15,680
2.2 Perform engagement 8 8 $ 2,520
2.3 Summarize results 2 6 12 $ 3,150
2.4 Management & coordination $ -
3. Develop MH Development Regulations 24,005$
3.1 Review existing reg's and design
standards 4 6 4 $ 2,590
3.2 Review Commerce MH ordinance 4 4 $ 1,260
3.3 HB1110 compliance policy/code
audit 4 8 6 $ 3,220
3.4 Draft development regulations 6 35 29 $ 11,685
3.5 Management & coordination 8 18 $ 5,250
4. Adopt MH Development Regulations -$
4.1 PC public hearing $ -
4.2 CC consideration and adoption $ -
4.4 Management & coordination $ -
Total Hours 37 123 137
Subtotal MAKERS 49,445$
Expenses Qty Unit Cost
3 trips for 2 people 3 $ 172 $ 516
Total Project Cost 49,961$
MAKERS
Exhibit 2: Budget
Page 1 of 1
AGENDA ITEM #6. c)
Interagency Agreement with
City of Renton
through
Growth Management Services
Contract Number:
24-63336-134
For
Middle Housing Grant
Dated:
Date of Execution
Exhibit 3: WA Dept of Commerce Grant
Page 1 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 2 of 15
Table of Contents
Table of Contents ........................................................................................................................................ 2
Face Sheet ................................................................................................................................................... 3
Special Terms and Conditions................................................................................................................... 4
1. AUTHORITY ..................................................................................................................................... 4
2. CONTRACT MANAGEMENT ........................................................................................................... 4
3. COMPENSATION ............................................................................................................................. 4
5. SUBCONTRACTOR DATA COLLECTION ..................................................................................... 5
6. INSURANCE ..................................................................................................................................... 5
7. FRAUD AND OTHER LOSS REPORTING ...................................................................................... 5
8. ORDER OF PRECEDENCE ............................................................................................................. 5
General Terms and Conditions .................................................................................................................. 6
1. DEFINITIONS.................................................................................................................................... 6
2. ALL WRITINGS CONTAINED HEREIN ............................................................................................ 6
3. AMENDMENTS ................................................................................................................................. 6
4. ASSIGNMENT................................................................................................................................... 6
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ................................................... 6
6. COPYRIGHT ..................................................................................................................................... 7
7. DISPUTES ........................................................................................................................................ 7
8. GOVERNING LAW AND VENUE ..................................................................................................... 8
9. INDEMNIFICATION .......................................................................................................................... 8
10. LICENSING, ACCREDITATION AND REGISTRATION............................................................... 8
11. RECAPTURE ................................................................................................................................ 8
12. RECORDS MAINTENANCE ......................................................................................................... 8
13. SAVINGS ...................................................................................................................................... 8
14. SEVERABILITY ............................................................................................................................. 8
15. SUBCONTRACTING .................................................................................................................... 9
16. SURVIVAL ..................................................................................................................................... 9
17. TERMINATION FOR CAUSE ....................................................................................................... 9
18. TERMINATION FOR CONVENIENCE ......................................................................................... 9
19. TERMINATION PROCEDURES ................................................................................................... 9
20. TREATMENT OF ASSETS ......................................................................................................... 10
21. WAIVER ...................................................................................................................................... 11
Attachment A: Scope of Work ................................................................................................................. 12
Attachment B: Budget .............................................................................................................................. 15
Exhibit 3: WA Dept of Commerce Grant
Page 2 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 3 of 15
Face Sheet
Contract Number: 24-63336-134
Local Government Division Growth Management Services
Middle Housing Grants
1. Contractor 2. Regional Planner
City of Renton
1055 South Grady Way
Renton, WA-98057
Catherine McCoy
Catherine.McCoy@Commerce.wa.gov
3. Contractor Representative 4. COMMERCE Representative
Angie Mathias
Long Range Planning Manager
425-430-6576
amathias@rentonwa.gov
Anne Aurelia Fritzel
Housing Planning Manager
360-259-5216
Anne.Fritzel@commerce.wa.gov
1011 Plum Street SE
Olympia, WA 98504
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$50,000 Federal: State: Other: N/A: Date of Execution June 30, 2025
9. Federal Funds (as applicable)
N/A
Federal Agency:
N/A
ALN
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. UEI #
N/A 0012200-11 177-000-094 N/A
14. Contract Purpose
For activities that support the preparation and adoption of policies and/or codes and other measures specific to implement
middle housing (RCW 36.70A.030(26)) by applicable statutory deadlines.
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized
to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract
and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope
of Work, and Attachment “B” – Budget.
FOR CONTRACTOR FOR COMMERCE
Armondo Pavone, Mayor
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Exhibit 3: WA Dept of Commerce Grant
Page 3 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 4 of 15
Special Terms and Conditions
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39.34 RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $50,000 (fifty thousand dollars), for the performance
of all things necessary for or incidental to the performance of work under this Contract as set forth in
the Scope of Work.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of deliverables provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly nor less than quarterly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number 24-
63336-134.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The Contractor must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service. Any payment made by COMMERCE
for costs that are determined to be duplicate, in Commerce’s sole determination, shall be subject to
recapture and may result in suspension or termination of this Contract.
Exhibit 3: WA Dept of Commerce Grant
Page 4 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 5 of 15
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
5. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the
portion of Contract funds expended for work performed by subcontractors, including but not
necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
“Subcontractors” shall mean subcontractors of any tier.
6. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
7. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A – Scope of Work
• Attachment B – Budget
Exhibit 3: WA Dept of Commerce Grant
Page 5 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 6 of 15
General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing
to act on the Director’s behalf.
B. “COMMERCE” shall mean the Washington Department of Commerce.
C. “Contract” or “Agreement” or “Grant” means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
E. “Personal Information” shall mean information identifiable to any person, including, but not
limited to, information that relates to a person’s name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and “Protected Health Information” under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. “State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing
all or part of those services under this Contract under a separate contract with the Contractor.
The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be
transferred or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as
“confidential” by COMMERCE;
ii. All material produced by the Contractor that is designated as “confidential” by
COMMERCE; and
Exhibit 3: WA Dept of Commerce Grant
Page 6 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 7 of 15
iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing,
transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent
of COMMERCE or as may be required by law. The Contractor shall take all necessary steps
to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE
reasonably determines has not been adequately protected by the Contractor against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works
for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE
shall be considered the author of such Materials. In the event the Materials are not considered
“works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right,
title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of
publicity to COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent,
register and the ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The
Contractor warrants and represents that the Contractor has all rights and permissions, including
intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to
COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed
upon the Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make
Exhibit 3: WA Dept of Commerce Grant
Page 7 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 8 of 15
a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the
majority prevailing. The determination of the Dispute Board shall be final and binding on the parties
hereto. As an alternative to this process, either of the parties may request intervention by the
Governor, as provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be
subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly
authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this Contract and prior to normal completion, COMMERCE may
suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten
calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the
new funding limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the contract.
Exhibit 3: WA Dept of Commerce Grant
Page 8 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 9 of 15
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person
or entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable
term or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any
breach in the performance of the Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor’s performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract.
Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of
the need to take corrective action. If corrective action is not taken within 30 calendar days, the
contract may be terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement
contract, e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the Contractor or a decision by
COMMERCE to terminate the contract. A termination shall be deemed a “Termination for
Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform
was outside of his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the
terms of this Contract for services rendered or goods delivered prior to the effective date of
termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
Exhibit 3: WA Dept of Commerce Grant
Page 9 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 10 of 15
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case
the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to
agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
contract. COMMERCE may withhold from any amounts due the Contractor such sum as the
Authorized Representative determines to be necessary to protect COMMERCE against potential
loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Contractor under the
orders and subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent
directed by the Authorized Representative any property which, if the contract had been
completed, would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the
Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of
such property in the performance of this contract, or (ii) commencement of use of such property in
the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole
or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
Exhibit 3: WA Dept of Commerce Grant
Page 10 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 11 of 15
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of
the Contractor to maintain and administer that property in accordance with sound
management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to
settlement upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor’s employees,
agents or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Exhibit 3: WA Dept of Commerce Grant
Page 11 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 12 of 15
Attachment A: Scope of Work
Grant Objective: Adopt Middle Housing ordinance with a process that includes
public and stakeholder engagement.
Actions/Steps/
Deliverables
Description Start Date End Date
Action 1 Middle Housing Public
Engagement Plan and
Materials
January 2024 February
2024
Step 1.1 Project Initiation January 2024 February
2024
Step 1.2 Develop Public
Engagement Plan
January 2024 February
2024
Step 1.3
Prepare
engagement/informational
materials for the public
related to middle housing.
February 2024 February
2024
Deliverable 1 Middle Housing Public
Engagement Plan and
Deliverables
February 29,
2024
Action 2 Middle Housing Public
Engagement
February 2024 June 2024
Step 2.1
Post informational
materials in the city’s
shopping districts,
community spaces, and
public plazas. City events
will be utilized for public
notice.
February 2024 Ongoing
Step 2.2 Create a webpage utilizing
informational materials.
February 2024 Ongoing
Step 2.3 Perform Engagement. March/April
2024
March/April
2024
Exhibit 3: WA Dept of Commerce Grant
Page 12 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 13 of 15
Step 2.4 Summarize results.
Develop a report
summarizing public
engagement efforts,
feedback received, and
assessed efficacy.
May/June 2024 May/June
2024
Deliverable 2 Public Engagement
Results for Report and
Engagement Summary
Report
June 15,
2024
Action 3 Develop Middle Housing
Development
Regulations
June/July 2024 February
2025
Step 3.1 Review and evaluate
existing development
regulations and design
standards for needed
middle housing related
amendments
June/July 2024 December
2024
Step 3.2 Review Commerce Middle
Housing Model Ordinance
and other resources
July 2024 February
2024
Step 3.3 Audit policies and code for
HB 1110 compliance
July 2024 February
2025
Step 3.4 Draft Middle Housing
development regulation
amendments
July 2024 February
2025
Step 3.5 Provide briefings to the
Planning Commission and
to City Council’s Planning
and Development
Committee. Briefings to
City Council’s Committee
of the Whole may be
necessary.
June/July 2024 February
2025
Step 3.6 Prepare ordinance for City
Attorney review
February 2025 March 2025
Deliverable 3 Compliance Summary
Document and Draft
Middle Housing
Ordinance
March 31,
2025
Exhibit 3: WA Dept of Commerce Grant
Page 13 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 14 of 15
Action 4 Adopt Middle Housing
Ordinance
March 2025 June 10,
2025
Step 4.1 Planning Commission
Briefing and Public Hearing
March 2025 March 2025
Step 4.2 Transmit draft Middle
Housing ordinance to the
State for State agency
review (RCW 36.70A.106)
March 2025 April 2025
Step 4.3 Planning Commission
Deliberations and
Recommendation
April 2025 May 2025
Step 4.4 City Council consideration
of Planning Commission
recommendation
May 2025 June 2, 2025
Step 4.5 City Council adoption of
Middle Housing
development regulation
amendment ordinance
May 2025 June 9, 2025
Deliverable 4 Middle Housing
Ordinance
June 9, 2025
Exhibit 3: WA Dept of Commerce Grant
Page 14 of 15
AGENDA ITEM #6. c)
________________________________________________________________________________________________________ Page 15 of 15
Attachment B: Budget
Funds must be invoiced in the appropriate fiscal year (FY1 or FY 2), or they may not be able to be
paid. Please be sure to invoice for all FY 1 by June 30, 2024 and FY 2 by June 30, 2025.
Grant Objective: Adopt Middle
Housing ordinance with a process
that includes public and stakeholder
engagement. FY
Commerce
Funds
Responsible
Party
Deliverable 1. Middle Housing
Public Engagement Plan FY1 – February 29, 2024 $4,773
Consultant
and City of
Renton
Deliverable 2. Public Engagement
Results for Report and
Engagement Summary Report
FY1 – June 15, 2024 $20,000
Consultant
and City of
Renton
Deliverable 3. Compliance
Summary Document and Draft
Middle Housing Ordinance
FY2 – March 31, 2025 $14,672
Consultant
and City of
Renton
Deliverable 4. Draft Middle Housing
Ordinance FY2 – June 9, 2025 $10,000 City of Renton
Total: $49,445
Exhibit 3: WA Dept of Commerce Grant
Page 15 of 15
AGENDA ITEM #6. c)
AB - 3510
City Council Regular Meeting - 12 Feb 2024
SUBJECT/TITLE: Parks and Recreation Temporary Event Permit Fee Waiver Requests
2.2024
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Parks & Recreation Department
STAFF CONTACT: Roberta Graver, Parks & Recreation Administrative Assistant
EXT.: 6600
FISCAL IMPACT SUMMARY:
Waiver of Temporary Event Permit Rental and Application Fees of $ 10,755.00
SUMMARY OF ACTION:
The City of Renton provides numerous opportunities to engage in the community, its culture, and its citizens
through single, seasonal, and reoccurring programs and events. Fee waivers are provided to groups who
provide these opportunities, who may not be able to put them on with the added burden of these logistical
parking, use, rental, and permit fees. This group of requests include reoccurring community events benefitting
youth and families and have historically been granted fee waivers, but due to the timing of the events’
application process, approvals, and council calendar, these are presented together.
1. Bloodworks Northwest - providing free blood drives at Renton Community Center to maintain
community blood supply. Two events, January 26, 2024 and April 5, 2024. Requesting application and
rental fees of $1,585 for each event. Total fee waiver request totals $3,170.00.
2. Renton, Lindbergh, Hazen, and Liberty High School Golf Teams uses the Maplewood Golf Course for
practice and matches, utilizing driving range balls and green fees from March 1, 2024 to November 1,
2024. Total golf course fee waiver request of $7,500.00.
3. Renton Park Run (Every Saturday morning January 1, 2024-December 31, 2024) is a weekly, free 5k
run/walk parkrun event along Cedar River Trail from the Renton Community Center eastward, requests
the single $85.00 Temporary Event application fee be waived.
EXHIBITS:
A. 2024 MWGC High School Fee Waiver Request
B. Bloodworks NW Fee Waiver 1.26.24
C. Bloodworks NW Fee Waiver 4.5.24
D. New Temporary Event Permit Application (PR24000488)
E. 2024 Park Run Fee Waiver
STAFF RECOMMENDATION:
Approve the fee waiver requests totaling $10,755.00 for temporary open space, rentals fees, use fees, green
fees, and application fees for 2024 community events.
AGENDA ITEM #6. d)
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the
Finance Committee.
Request Date: 2-26-2024
Name of Group: Renton, Lindbergh, Hazen and Liberty High School Golf Teams
Group Contact Person: John Kinsley (Liberty), Rita Baccus (RSD)
Contact Number: (Liberty) 206-335-2157 ; (RSD) 425-204-2423
Address (Street, State, Zip): Liberty High - 16655 SE 136th Street Renton, WA 98059
Renton School District - 300 SW 7th Street, Renton, WA 98057
Email Address: KinsleyJ@issaquah.wednet.edu ; Rita.baccus@rentonschools.us
Date of Event: March 1, 2024 thru November 1, 2024
Number in Party: 48
Location Name/Address: Maplewood Golf Course / 4050 Maple Valley Hwy, Renton, WA 98058
Type of Event: High School Golf Teams - green fees for matches
Staff Contact Name/Telephone: Steve Meyers / 425-430-6803
What is the total cost of the rental and applicable fees? $7,500
What is the cost of the fee waiver or reduction requested? $7,500
Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens:
To promote golf in the Renton/Issaquah school districts and continue the relationship between
high schools and the Parks and Recreation Dept. ie. inter-local agreement through the
Recreation Division. In addition, golf course staff coordinate community service invovlement
with approved teams to assist the golf course with repairing divots, picking up garage, and
sanding the seeding of fairways and tee boxes.
AGENDA ITEM #6. d)
CITY OF RENTON
WZ<^EZ Z d/KEDEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee waiver and/or reduction requests will be submitted for approval to the City Council via
the Finance Committee.
Request date:
Name of group:
Group contact/number:
Address (Street, State, Zip):
Email address:
Date of event:
Number in party:
Location/Address:
Type of event:
Staff contact/number:
What is the total cost of the rental and applicable fees?
What is the cost of the fee waiver or reduction requested?
Describe event and explain why a reduction or waive of fees will benefit our Renton citizens:
12/29/2023
Bloodworks Northwest
Nicholas Blair 206-886-5896
921 Terry Ave, Seattle (98104
nblair@bloodworksnw.org
1/26/2024
5
Renton Community Center1715 Maple Valley Highway Renton
Blood Drive
Tania Thomas (425) 430-6707
$1500 rental, $85 app fee
$1500 rental, $85 app fee
Bloodworks Northwest is a Non-Profit Blood Bank that supplies blood to a majority of local hospitals
and clinics. We rely on community support to host blood drives and donate blood to maintain the
community supply of blood. Valley Medical Center is one of our major partners.
AGENDA ITEM #6. d)
CITY OF RENTON
WZ<^EZ Z d/KEDEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee waiver and/or reduction requests will be submitted for approval to the City Council via
the Finance Committee.
Request date:
Name of group:
Group contact/number:
Address (Street, State, Zip):
Email address:
Date of event:
Number in party:
Location/Address:
Type of event:
Staff contact/number:
What is the total cost of the rental and applicable fees?
What is the cost of the fee waiver or reduction requested?
Describe event and explain why a reduction or waive of fees will benefit our Renton citizens:
12/29/2023
Bloodworks Northwest
Nicholas Blair 206-886-5896
921 Terry Ave, Seattle (98104
nblair@bloodworksnw.org
4/5/2024
5
Renton Community Center1715 Maple Valley Highway Renton
Blood Drive
Tania Thomas (425) 430-6707
$1500 rental, $85 app fee
$1500 rental, $85 app fee
Bloodworks Northwest is a Non-Profit Blood Bank that supplies blood to a majority of local hospitals
and clinics. We rely on community support to host blood drives and donate blood to maintain the
community supply of blood. Valley Medical Center is one of our major partners.
AGENDA ITEM #6. d)
From:NoReply
To:Event Permits
Subject:New Temporary Event Permit Application (PR24000488)
Date:Thursday, February 1, 2024 12:40:28 PM
A new Temporary Event application has been entered.
Permit Number: PR24000488
Description: Renton parkrun is a free, weekly timed run/walk 5k event held Saturday
mornings on the Cedar River trail. We are open to all ages and abilities, are a family friendly
event and offer volunteer opportunities for those interested.
This email was automatically generated by the EnerGov PM - Email on New Event Permit IO.
AGENDA ITEM #6. d)
CITY OF RENTON
PARKS AND RECREATION DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee waiver and/or reduction requests will be submitted for approval to the City Council via
the Finance Committee.
Request date:
Name of group:
Group contact/number:
Address (Street, State, Zip):
Email address:
Date of event:
Number in party:
Location/Address:
Type of event:
Staff contact/number:
What is the total cost of the rental and applicable fees?
What is the cost of the fee waiver or reduction requested?
Describe event and explain why a reduction or waive of fees will benefit our Renton citizens:
AGENDA ITEM #6. d)
AB - 3513
City Council Regular Meeting - 12 Feb 2024
SUBJECT/TITLE: Fuel Tax Grant Agreement with the Washington State Transportation
Improvement Board for the South 7th Street Corridor Improvements
Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Heather Gregersen, Program Development Coordinator
EXT.: 7393
FISCAL IMPACT SUMMARY:
The Transportation Systems Division was awarded funding by the Washington State Transportation
Improvement Board (TIB) for the construction phase of the South 7th Street Corridor Improvements project
(TIP No. 23-23) in the amount of $187,000. The project has budget in the amount of $515,000 assigned to the
project in preparation for the start of construction in Q3 of 2024. The local funds are reserved for match
toward additional construction funding that is coming from a previously awarded federal Surface
Transportation Block Grant (STBG) in the amount of $1,450,000.
SUMMARY OF ACTION:
The City was awarded a grant from the Washington State Transportation Improvement Board (TIB) in the
amount of $187,000 to supplement construction phase funds for the South 7th Street Corridor Improvements
project from Oakesdale Ave S to Burnett Ave S. The Surface Transportation Block Grant (STBG) in the amount
of $1,450,000 was previously awarded in 2020 to which this TIB grant will supplement. The federal STBG grant
agreement will be obligated in mid-2024 when construction is ready to begin and all federal requirements
have been satisfied. No construction costs will be incurred until all funding sources are obligated.
This project completes a gap in the trails and bicycle network by installing a 6-foot sidewalk with buffer and
cycle track on the north side of S 7th St, between Shattuck and Burnett Ave S, along with intersection
improvements at multiple intersections along the corridor from Shattuck Ave S to Oakesdale Ave SW. The
intersection improvements from Shattuck Ave S westward along this corridor will improve bicycle facilities and
intersection operations to provide upgraded signage to bicyclists and will simplify bicycle movements through
complex intersections. Bicycle improvements include push-button activation, green bike lanes through
conflict/crossing zones, and pavement markings. The project will also upgrade an existing marked crosswalk
with flashing beacons with higher visibility technology.
EXHIBITS:
A. Fuel Tax Grant Agreement
B. Project Funding Status Form
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Fuel Tax Grant Agreement in the amount of $187,000 with
the Washington State Transportation Improvement Board and all subsequent amendments to the agreements
necessary to accomplish the South 7thStreet Corridor Improvements project.
AGENDA ITEM #6. e)
Washington State Transportation Improvement Board P-P-102(P03)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 1 of 5 November 2012
City of Renton
P-P-102(P03)-1
S 7th Street Improvements
Oakesdale Ave S to Burnett Ave S
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Renton
AGREEMENT
THIS GRANT AGREEMENT (hereinafter “Agreement”) for the S 7th Street Improvements,
Oakesdale Ave S to Burnett Ave S (hereinafter “Project”) is entered into by the WASHINGTON
STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and City of Renton, a
political subdivision of the State of Washington (hereinafter “RECIPIENT”).
1.0 PURPOSE
For the project specified above, TIB shall pay 11.4233 percent of approved eligible project costs
up to the amount of $187,000, pursuant to terms contained in the RECIPIENT’S Grant
Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and
conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
AGENDA ITEM #6. e)
Washington State Transportation Improvement Board P-P-102(P03)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 2 of 5 November 2012
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT’s other rights under this Agreement.
8.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days of receipt of TIB’s notice of non-compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
AGENDA ITEM #6. e)
Washington State Transportation Improvement Board P-P-102(P03)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 3 of 5 November 2012
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT’s request to amend the Project.
c) After investigation TIB confirms RECIPIENT’S non-compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
because funds are no longer available for the purpose of meeting TIB’s obligations. If
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for
anything other than highway or roadway system improvements is prohibited and shall subject
the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is
purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds
from the sale must be deposited into the RECIPIENT’s motor vehicle fund and used for a motor
vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
payable TIB funds for the specific project. Requests must be made in writing and will be
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the
recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB.
In the event that final costs related to the specific project are less than the initial grant award,
TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended
ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement.
AGENDA ITEM #6. e)
Washington State Transportation Improvement Board P-P-102(P03)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 4 of 5 November 2012
12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
any way resulting from, that PARTY’s own negligent acts or omissions which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
AGENDA ITEM #6. e)
Washington State Transportation Improvement Board P-P-102(P03)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 5 of 5 November 2012
15.0 ENTIRE AGREEMENT
This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter
47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code,
and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES.
16.0 RECORDS MAINTENANCE
The RECIPIENT shall maintain books, records, documents, data and other evidence relating to
this Agreement and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
AGENDA ITEM #6. e)
Transportation Improvement Board
Project Funding Status Form
TIB Funding Status Report
Agency Name RENTON TIB Project Number: P-P-102(P03)-1
Project Name: S 7th Street Improvements
Oakesdale Ave S to Burnett Ave S
Verify the information below and revise if necessary.
Email to: Your TIB Engineer
PROJECT SCHEDULE
Target Dates
Construction Approval Contract Bid Award Contract Completion
PROJECT FUNDING PARTNERS
List additional funding partners and amount.
Funding Partners Amount Revised Funding
RENTON 0
WSDOT 0
Federal Funds 0
Fed STP 1,450,000
TOTAL LOCAL FUNDS 1,450,000
Signatures are required from two different agency officials. Return the originally signed form to your TIB Engineer.
Mayor or Public Works Director
Signature Date
Printed or Typed Name Title
Financial Officer
Signature Date
Printed or Typed Name Title
07/05/202405/20/2024 03/31/2025
AGENDA ITEM #6. e)
AB - 3514
City Council Regular Meeting - 12 Feb 2024
SUBJECT/TITLE: Fuel Tax Grant Agreement with the Washington State Transportation
Improvement Board for the Southwest 43rd Street Improvements
Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Heather Gregersen, Program Development Coordinator
EXT.: 7393
FISCAL IMPACT SUMMARY:
The Transportation Systems Division was awarded funding by the Washington State Transportation
Improvement Board (TIB) for the construction phase of the Southwest 43rd Street Improvements project (TIP
No. 23-02) in the amount of $2,975,154. Project has budget, including the required match, assigned to the
project and are included in the city’s adopted Capital Improvement Program in the amount of $2,855,000. An
additional $149,687 of unassigned 317 Fund Balance will be assigned to the project during the Q1 budget
adjustment to fully fund the construction cost estimate. Total construction cost is $5,979,841.
SUMMARY OF ACTION:
The City was awarded a grant from the Washington State Transportation Improvement Board (TIB) in the
amount of $2,975,154 to help fund the construction phase of the Southwest 43rd Street Improvements
project. This grant agreement is necessary to obligate funds and move forward with the project.
Project elements include resurfacing the asphalt roadway along southwest 43rd street from the western city
limits to the SR 167 ramps, except where there are existing concrete panels. This project will also upgrade all
intersection ramps to current Americans with Disabilities Act (ADA) standards as well as install and replace all
markings and delineation to City of Renton standards. Also included in this project are storm drainage
improvements and the adjustment or evaluation for replacement of existing features affected by resurfacing
such as monuments, catch basins, or drainage grates. The Southwest 43rd Street Improvements project aims
to include improvements to the existing intersections along the corridor that will restore and repair existing
pavement conditions, eliminate sub-standard conditions, improve safety and mobility for transit stops, as well
as provide an enhanced pedestrian environment.
EXHIBITS:
A. Fuel Tax Grant Agreement
B. Project Funding Status Form
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Fuel Tax Grant Agreement in the amount of $2,975,154
with the Washington State Transportation Improvement Board and all subsequent amendments to the
agreements necessary to accomplish the Southwest 43rd Street Improvements project.
AGENDA ITEM #6. f)
Washington State Transportation Improvement Board 8-1-102(039)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 1 of 5 November 2012
City of Renton
8-1-102(039)-1
SW 43rd Street
W C/L to SR 167 Ramps
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Renton
AGREEMENT
THIS GRANT AGREEMENT (hereinafter “Agreement”) for the SW 43rd Street, W C/L to SR 167
Ramps (hereinafter “Project”) is entered into by the WASHINGTON STATE TRANSPORTATION
IMPROVEMENT BOARD (hereinafter “TIB”) and City of Renton, a political subdivision of the State
of Washington (hereinafter “RECIPIENT”).
1.0 PURPOSE
For the project specified above, TIB shall pay 49.7531 percent of approved eligible project costs
up to the amount of $2,975,154, pursuant to terms contained in the RECIPIENT’S Grant
Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and
conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
AGENDA ITEM #6. f)
Washington State Transportation Improvement Board 8-1-102(039)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 2 of 5 November 2012
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT’s other rights under this Agreement.
8.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days of receipt of TIB’s notice of non-compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
AGENDA ITEM #6. f)
Washington State Transportation Improvement Board 8-1-102(039)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 3 of 5 November 2012
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT’s request to amend the Project.
c) After investigation TIB confirms RECIPIENT’S non-compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
because funds are no longer available for the purpose of meeting TIB’s obligations. If
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for
anything other than highway or roadway system improvements is prohibited and shall subject
the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is
purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds
from the sale must be deposited into the RECIPIENT’s motor vehicle fund and used for a motor
vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
payable TIB funds for the specific project. Requests must be made in writing and will be
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the
recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB.
In the event that final costs related to the specific project are less than the initial grant award,
TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended
ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement.
AGENDA ITEM #6. f)
Washington State Transportation Improvement Board 8-1-102(039)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 4 of 5 November 2012
12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
any way resulting from, that PARTY’s own negligent acts or omissions which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
AGENDA ITEM #6. f)
Washington State Transportation Improvement Board 8-1-102(039)-1
Fuel Tax Grant Agreement
Fuel Tax Agreement Page 5 of 5 November 2012
15.0 ENTIRE AGREEMENT
This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter
47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code,
and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES.
16.0 RECORDS MAINTENANCE
The RECIPIENT shall maintain books, records, documents, data and other evidence relating to
this Agreement and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
AGENDA ITEM #6. f)
Transportation Improvement Board
Project Funding Status Form
TIB Funding Status Report
Agency Name RENTON TIB Project Number: 8-1-102(039)-1
Project Name: SW 43rd Street
W C/L to SR 167 Ramps
Verify the information below and revise if necessary.
Email to: Your TIB Engineer
PROJECT SCHEDULE
Target Dates
Construction Approval Contract Bid Award Contract Completion
PROJECT FUNDING PARTNERS
List additional funding partners and amount.
Funding Partners Amount Revised Funding
RENTON 3,004,687
WSDOT 0
Federal Funds 0
TOTAL LOCAL FUNDS 3,004,687
Signatures are required from two different agency officials. Return the originally signed form to your TIB Engineer.
Mayor or Public Works Director
Signature Date
Printed or Typed Name Title
Financial Officer
Signature Date
Printed or Typed Name Title
April 2024 July 2024 December 2025
AGENDA ITEM #6. f)
AB - 3505
City Council Regular Meeting - 12 Feb 2024
SUBJECT/TITLE: Agreements with King County for Award of Flood Reduction and
Cooperative Watershed Management Grant Funds
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Joe Farah, Surface Water Utility Engineering Manager
EXT.: 7248
FISCAL IMPACT SUMMARY:
The grant agreements described herein add $400,000 of grant funding to the Surface Water Utility Capital
Improvement Program budget. The City was awarded $250,000 of Flood Reduction Grant funds to partially
fund the Lind Ave SW Storm Improvement Project (427.475523.015.594.31.63.000) and $150,000 of
Cooperative Watershed Management Grant funds from the King County Flood Control District (KCFCD). The
Cooperative Watershed Management Grant funding is through the Water Resource Inventory Area 9 (WRIA 9)
Watershed Ecosystem Forum to partially fund the Springbrook Creek Action Plan
(427.475528.015.594.31.63.000). No matching funds are required.
SUMMARY OF ACTION:
The Lind Ave SW Storm System Improvement Projectwill construct approximately 3,500 feet of a new trunk
line storm system along Lind Ave SW, from SW 43rd St to SW 39th St, and then along SW 39th St from Lind
Ave to a new or upgraded storm system outfall into Springbrook Creek. The proposed improvements will
reduce flood risk by increasing the conveyance capacity of the storm system and adding an additional flow
path for stormwater to drain from SW 43rd Street and the upstream tributary areas to Springbrook Creek.A
recurring flooding problem exists on SW 43rd St between East Valley Road and Springbrook Creek, notably at
the intersection of SW 43rd St and Lind Ave SW. Significant amounts of standing water in the right-of-way at
this intersection haveresulted in the closure of SW 43rd St twice in the past 5 years, with the most recent
flood event occurring in March 2022. Flooding and standing water on properties adjacent to the right-of-way
weredocumented during these flood events.
Under Flood Reduction Grant 4.23.07 proposed for execution, the KCFCDwould award the city $250,000to
partially fund the planning and design of the Lind Ave SW Storm System Improvement Project. The design of
the project is anticipated to begin in the first quarter of 2024 upon the execution of a professional services
agreement with WSP USAin the amount of$549,954. This work is anticipatedto be completedby July 2025.
The Springbrook Creek Rehabilitation Action Plan is the first phase of a multi-phase project that aims
torehabilitate Springbrook Creek in Rentonfrom SW 43rd St to the Black River Riparian Forest. This project is
on the WRIA 9 Salmon Habitat Recovery plan, which contributed to the award of Cooperative Watershed
Management grant funds. This actionplan will assess through desktop reviews and site reconnaissance the
existing conditions of the creek and itsbanks, vegetation growth, width of the riparian buffer, and any directly
connected wetlands along the projectcorridor. It will evaluate conceptual solutions to improve habitat and
ecological function in the creek anddefine a phasing plan for the implementation of future projects. Future
phases of the project will likely consist of permitting, design, construction and monitoring of
AGENDA ITEM #6. g)
habitatimprovements, implemented on a reach-by-reach basis as opportunities arise. Private
propertyacquisitions and their impact on the extent and feasibility of desired improvements will be evaluated
as part ofthe action plan.The scope of work of the action plan will be put together following the selection of a
consultant.
Under Cooperative Watershed Management Grant 4.9.23.007, the KCFCD would award the city $150,000 to
partially fund the development of the Springbrook Creek Rehabilitation Action Plan. The plan is anticipated to
be completed by December 2025. A consultant that will lead the development of the plan will be selected in
February 2024
EXHIBITS:
A. Lind Ave SW Project Area Map
B. Lind Ave SWFlood Reduction Grant Agreement
C. Springbrook Creek Rehabilitation Action Plan Area Map
D. Springbrook Creek Rehabilitation Action PlanCooperative Watershed Management Grant Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Flood Reduction Grant Agreement4.23.07with theKing
CountyFlood Control District in the amount$250,000forengineering services fortheLind Ave SW Storm System
Improvement Project, and to execute WRIA 9 Watershed Ecosystem Forum Cooperative Watershed
Management Grant Agreement 4.9.23.007 with the King County Flood Control District in the amount of
$150,000 for the Springbrook Creek Rehabilitation Action Plan.
AGENDA ITEM #6. g)
72,224
6,019
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is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
5/24/2023
Legend
4,09302,046
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
4,093
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Labels
City and County Boundary
<all other values>
Renton
Streets
Waterbodies
2021.sid
Red: Band_1
Green: Band_2
Blue: Band_3
AGENDA ITEM #6. g)
9,028
752
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is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
5/23/2023
Legend
5120256
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Feet
Notes
512
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
Pump Station
Public Pump Station
Private Pump Station
Discharge Point
Public Discharge Point
Private Discharge Point
Pipe
Public Pipe
Private Pipe
Public Culvert
Private Culvert
Public Roofdrain
Private Roofdrain
Open Drains
Facility Outline
Facility Transfer
Inactive Pipe
Inactive Discharge Point
City and County Labels
Parcels
City and County Boundary
<all other values>
Renton
Streets
Parks
Waterbodies
AGENDA ITEM #6. g)
Project Name: Lind Avenue SW Storm System Improvement
Award Number: 4.23.07
Page 1 of 9
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN THE CITY OF RENTON AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Renton (“Recipient”) (collectively referred to as the “parties” and in the singular “party”), for
the purposes set forth herein. This Agreement shall be in effect from the date of execution to
December 31, 2025.
Project Contacts:
Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Contact for Recipient: Troy Solly, Civil Engineer III, 425-430-7313, Tsolly@rentonwa.gov.
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for flood control
and stormwater protection projects and activities;
1.2 Whereas, King County is the service provider to the District under the terms of an
interlocal agreement (“ILA”) by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District’s annual
work program and budget;
1.3 Whereas, on November 12, 2013, the Board of Supervisors of the District (the “Board”)
passed Resolution FCD2013-14 which established a Flood Reduction Grant Program
and criteria for awarding grant funding for projects;
1.4 Whereas, on November 8, 2022, the Board passed Resolution FCD 2022-13, which
authorized an allocation of $12,000,000 from the District’s 2023 budget to fund flood
reduction projects;
1.5 Whereas, on October 10, 2023, the Board passed Resolution FCD 2023-08 which
approved the flood reduction projects described in Attachment A to that Resolution;
1.6 Whereas, in accordance with the terms of these Resolutions, and in its capacity as
service provider to the District, King County has established policies and procedures for
administering the flood reduction grant program, a copy of which has been furnished to
Recipient and which is incorporated herein by this reference (hereinafter “Grant Policies
and Procedures”);
AGENDA ITEM #6. g)
Project Name: Lind Avenue SW Storm System Improvement
Award Number: 4.23.07
Page 2 of 9
1.7 Whereas, the Recipient submitted an application to receive funds for a project to be
funded by the Flood Reduction Grant Program;
1.8 Whereas, the Board approved funding of Recipient’s application for the project
(“Project”), as described in Attachment A to Resolution FCD 2023-08 in the amount of
$250,000 (“Award”)
1.9 Whereas, Exhibit A, attached hereto and incorporated herein by this reference, contains a
description of the Project as described in Attachment A to Resolution FCD 2023-08;
1.10 Whereas, King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto and
incorporated herein as Exhibit C (“Budget”), are consistent with the Grant Policies and
Procedures, the Recipient’s application for the Project, and the Resolution approving
funding for the Project; and
1.11 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with Resolution FCD 2023-08 and the Grant
Policies and Procedures, and under which the Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to pay the Award amount to the Recipient in the total amount of
$250,000 from District funds. The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A to this Agreement. King County
shall pay the Recipient in accordance with the terms of the Grant Policies and
Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
approved by King County as being within such scopes; 2) the activities are specified in
AGENDA ITEM #6. g)
Project Name: Lind Avenue SW Storm System Improvement
Award Number: 4.23.07
Page 3 of 9
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) such activities and expenses otherwise comply with all other terms of this
Agreement; 5) such activities and expenses do not occur prior to the date the grants were
approved by the District; and 6) reimbursements shall be paid to the Recipient only after
this Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form, or online equivalents to these forms upon the
County’s implementation of an online reporting database, for those documented and
allowable expenses identified in the Budget and according to the rules set forth in the
Grant Policies and Procedures. A request for payment shall be made no less frequently
than every six months after the effective date of this Agreement nor more frequently than
every three months after the aforementioned date. A Progress Report form and backup
documentation of claimed expenses shall be submitted with all payment requests. A one-
time advance may be allowed, in the discretion of King County, for expenses anticipated
to be incurred in the three months following the date of submission of the advance
Request for Payment only for work that is included in the Scope of Work of this
Agreement, and identified as such in the Request for Payment. The amount of the
advance may not exceed 25% of the total award amount. Documentation of payments
made from advances shall be submitted to King County prior to any further requests for
payment.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient’s completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work. The final report may be
submitted on the Close-out Report form, or online equivalent to this form upon the
County’s implementation of an online reporting database. The final report shall include a
summary of the Project’s successes and shall address the flood reduction benefits
accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington (“BARS”) or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
AGENDA ITEM #6. g)
Project Name: Lind Avenue SW Storm System Improvement
Award Number: 4.23.07
Page 4 of 9
2.9. King County or its representative, and the District or its representative, shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors,
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources, and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all suits, claims,
alleged liability, actions, losses, costs, expenses (including reasonable attorney’s fees),
penalties, settlements and damages of whatsoever kind or nature, arising out of, in
connection with, or incident to any acts or omissions of the Recipient, its employees,
agents, contractors, or subcontractors in performing its obligations under the terms of this
Agreement, except to the extent of the County’s or the District’s sole negligence.
The Recipient’s obligations under this provision shall include, but not be limited to, the
duty to promptly accept tender of defense and provide defense to the County and the
District with legal counsel acceptable to the County and the District at Recipient’s own
expense. Recipient, by mutual negotiation, hereby waives, as respects the County and the
District only, any immunity that would otherwise be available against such claims under
the Industrial Insurance provisions of Title 51 RCW. In the event it is necessary for the
County or the District 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
Recipient. The provisions of this section shall survive the expiration, abandonment, or
termination of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project
on all literature, signage or press releases related to the Project. The Recipient may
obtain from King County a District logo that may be used in the acknowledgement.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns. The Recipient shall not assign this Agreement to a
third party.
AGENDA ITEM #6. g)
Project Name: Lind Avenue SW Storm System Improvement
Award Number: 4.23.07
Page 5 of 9
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses set forth below via electronic mail and transmittal is
demonstrated by an electronic delivery receipt or similar confirmation.
King County Recipient
Kim Harper Troy Solly
Grant Administrator Civil Engineer III
King County WLRD City of Renton
kim.harper@kingcounty.gov Tsolly@rentonwa.gov
Either party hereto may, at any time, by giving ten (10) days written notice to the other
party to designate any other address in substitution of the foregoing address to which
such notice or communication shall be given.
3.5. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.6. The Project shall be completed by no later than December 31, 2025. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation, to terminate this Agreement and retain any unexpended Award funds.
3.7. The Agreement will be terminated if the Recipient is unable or unwilling to expend the
Award as specified in Section 2.2 and Exhibits B and C. In the event of termination
under this section, the County shall be released from any obligation to fund the Project
and Recipient shall forfeit all rights to the unexpended portion of the Award.
3.8. If the County determines that a breach of contract has occurred or does not approve of the
Recipient’s performance, it will give the Recipient written notification of unacceptable
performance. Recipient 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
AGENDA ITEM #6. g)
Project Name: Lind Avenue SW Storm System Improvement
Award Number: 4.23.07
Page 6 of 9
Recipient. King County may withhold any payment owed Recipient until the County is
satisfied that corrective action has been taken or completed.
3.9. Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any 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. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
3.10. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the
requirements in these code sections shall specifically apply to this Agreement. In its
performance under this Agreement the Recipient shall not discriminate against any
person on the basis of race, color, age, gender, marital status, sexual orientation, gender
identity or expression, religion, ancestry, national origin, disability or use of a service or
assistive animal by an individual with a disability, unless based upon a bona fide
occupational qualification, and the Recipient shall not violate any of the terms of chapter
49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal,
state, or local law or regulation regarding nondiscrimination in employment.
3.11. 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.
3.12. This Agreement may be signed in multiple counterparts.
3.13. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
3.14. This Agreement shall be governed by and construed according to the laws of the State of
Washington. Actions pertaining to this Agreement will be brought in King County
Superior Court, King County, Washington.
3.15. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the District or the King County
Council, King County’s obligations are contingent upon the appropriation of sufficient
funds by the District or the King County Council to complete the Scope of Work. If no
such appropriation is made, this Agreement will terminate at the close of the
appropriation year for which the last appropriation that provides funds under this
Agreement was made.
AGENDA ITEM #6. g)
Project Name: Lind Avenue SW Storm System Improvement
Award Number: 4.23.07
Page 7 of 9
This document has been approved as to form by the King County Prosecuting Attorney’s Office
as of March 1, 2023.
KING COUNTY: RECIPIENT: CITY OF RENTON:
a Washington municipal corporation
By By
Name Name Armondo Pavone
Title Title Mayor
Date Date
Attest
Name Jason A. Seth
Title City Clerk
Approved as to Legal Form
Name Cheryl Beyer
Title Senior City Attorney
AGENDA ITEM #6. g)
Project Name: Lind Avenue SW Storm System Improvement
Award Number: 4.23.07
Page 8 of 9
EXHIBIT A: PROJECT DESCRIPTION
PROJECT
NAME RECIPIENT DESCRIPTION LEVERAGE AWARD
Lind Avenue
SW Storm
System
Improvement
City of
Renton
Address a documented recurring flooding issue along SW
43rd Street by constructing approximately 3,500 feet of a
new storm system along Lind Avenue SW, from SW 43rd St to
SW 39th St, then west along SW 39th St from Lind Ave to an
outfall in Springbrook Creek. The proposed improvements
will reduce flood risk by increasing conveyance capacity and
adding an additional flow path for storm water to drain from
SW 43rd Street and the upstream tributary areas to
Springbrook Creek. The grant will be used to fund planning
and design phases.
$50,000 $250,000
EXHIBIT B: SCOPE OF WORK
Activity Title Activity Description Deliverables
Estimated
Percent of
Grant Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
Submit reimbursement request forms, backup
documentation for billing, and progress reports at
least every 6 months. Submit a Closeout Report
form with the final reimbursement request.
Reimbursement
requests, progress
reports, closeout
report
5% July 2025
Task 2: Data
Collection
The Consultant will perform a topographic survey
and conduct a geotechnical analysis of the project
area in support of design efforts in Task 4.
Consultant will also conduct site assessments
including environmental/critical areas, hazardous
materials, and cultural resources. The Consultant
will also coordinate with utilities as needed.
-Survey and
geotechnical
information, and
related documents
-Hazardous Material
Assessment
-Critical Areas
Assessment Report
-Cultural Resource
Technical
Memorandum
50% July 2024
Task 3:
Environmental
Review,
Permitting, and
Outreach
The consultant will reach out to permitting
agencies to initiate permitting and identify
permitting issues to incorporate into project
designs. The consultant will also reach out to key
stakeholders for input when developing design
alternatives and the preferred alternative
alignment
-Relevant permit
application
documents.
5 % June 2025
Task 4: Design
Alternatives
Evaluation &
Design
The Consultant will develop hydraulic/hydrologic
modeling for use in development and analysis of
design alternatives. Consultant will develop design
alternatives and prepare preliminary design
memorandum describing alternatives and
selecting a preferred alternative. This design
memorandum will also include 30%, drawings and
cost estimate for the selected design alternative.
- Preliminary Design
Memorandum
(including 30% design
drawings and cost
estimate).
40% July 2025
AGENDA ITEM #6. g)
Project Name: Lind Avenue SW Storm System Improvement
Award Number: 4.23.07
Page 9 of 9
EXHIBIT C: BUDGET
Budget Item Grant Request
Commercial Services & Crew Time $250,000
TOTAL $250,000
AGENDA ITEM #6. g)
36,112
3,009
City of Renton Print map Template
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
1/8/2024
Legend
2,04601,023
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
2,046
WGS_1984_Web_Mercator_Auxiliary_Sphere
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
City and County Labels
City and County Boundary
Renton
<all other values>
Streets
Parks
Waterbodies
Designated Neighborhoods
2021.sid
Red: Band_1
Green: Band_2
Blue: Band_3
BLACK RIVER PUMP STATION
SPRINGBROOK CREEK
REHABILITIATION
ACTION PLAN EXTENTSSPRINGBROOK
CREEKSPRINGBROOK CREEKSPRINGBROOK CREEKVicinity Map
Springbrook Creek Rehabilitation Action Plan
NN
AGENDA ITEM #6. g)
Project Name: Springbrook Creek Rehabilitation Action Plan Award Number: 4.9.23.007
Page 1 of 8
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF RENTON AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Renton (“Recipient”) (collectively referred to as the “parties” and in the singular “party”), for
the purposes set forth herein. This Agreement shall be in effect from the date of execution to
December 31, 2026.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Primary Contact for Recipient: Joe Farah, Surface Water Engineering Manager, 425-430-7248,
Jfarah@rentonwa.gov.
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
1.2 Whereas, King County is the service provider to the District under the terms of an
interlocal agreement (“ILA”) by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District’s annual
work program and budget;
1.3 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District, King County has established a grant award program, called the
Cooperative Watershed Management Award Program, to fund water quality, water
resources and habitat restoration and management projects and activities;
1.4 Whereas, the Board of Supervisors of the District (the “Board”), the District’s governing
body, passed Resolution FCD 2022-13 on November 8, 2022, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $10,737,696 in 2023 for water quality, water resources and habitat restoration and
management projects and activities in King County, provided that the project list is
approved by the Board;
1.5 Whereas, on September 12, 2023, the Board passed Resolution FCD 2023-07, which
approved the projects described in Attachment A to that Resolution;
1.6 Whereas, the Recipient submitted an application to its respective WRIA forum or
AGENDA ITEM #6. g)
Project Name: Springbrook Creek Rehabilitation Action Plan Award Number: 4.9.23.007
Page 2 of 8
committee for the project, as described in Exhibit A attached hereto and incorporated
herein by this reference, and that body has recommended the project for funding under
the Cooperative Watershed Management Grant Program in accordance with King
County’s Cooperative Watershed Management Grant Program Policies and Procedures, a
copy of which has been furnished by King County to the Recipient and which are
incorporated herein by this reference (“Grant Policies and Procedures”);
1.7 Whereas, the Board approved funding of Recipient’s application for the project
(“Project”), as described in Attachment A to Resolution FCD 2023-07 in the amount of
$150,000 (“Award”);
1.8 Whereas, King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto and
incorporated herein as Exhibit C (“Budget”), are consistent with the Grant Policies and
Procedures; and
1.9 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with Resolution FCD 2023-07 and the Grant
Policies and Procedures, and under which the Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to pay the Award amount to the Recipient in the total amount of
$150,000 from District funds. The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A to this Agreement. King County
shall pay the Recipient in accordance with the terms of the Grant Policies and
Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
approved by King County as being within such scopes; 2) the activities are specified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
AGENDA ITEM #6. g)
Project Name: Springbrook Creek Rehabilitation Action Plan Award Number: 4.9.23.007
Page 3 of 8
Agreement; 4) such activities and expenses otherwise comply with all other terms of this
Agreement; 5) such activities and expenses do not occur prior to the date the grants were
approved by the District; and 6) reimbursements shall be paid to the Recipient only after
this Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form, or online equivalents to these forms upon the
County’s implementation of an online reporting database, for those documented and
allowable expenses identified in the Budget and according to the rules set forth in the
Grant Policies and Procedures. A request for payment shall be made no less frequently
than every six months after the effective date of this Agreement nor more frequently than
every three months after the aforementioned date. A Progress Report form and backup
documentation of claimed expenses shall be submitted with all payment requests. A one-
time advance may be allowed, in the discretion of King County, for expenses anticipated
to be incurred in the three months following the date of submission of the advance
Request for Payment only for work that is included in the Scope of Work of this
Agreement, and identified as such in the Request for Payment. The amount of the
advance may not exceed 25% of the total award amount. Documentation of payments
made from advances shall be submitted to King County prior to any further requests for
payment.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient’s completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work. The final report may be
submitted on the Close-out Report form, or online equivalent to this form upon the
County’s implementation of an online reporting database. The final report shall include a
summary of the Project’s successes and shall address the watershed benefits
accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington (“BARS”) or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative, shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
AGENDA ITEM #6. g)
Project Name: Springbrook Creek Rehabilitation Action Plan Award Number: 4.9.23.007
Page 4 of 8
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors,
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources, and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. If Recipient is purchasing real property interests with Award funds, Recipient agrees to
include restrictive language provided by the County in the instrument transferring the real
property interest specifying that the real property interest shall be used in perpetuity for
purposes consistent RCW 86.15.035.
2.13. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all suits, claims,
alleged liability, actions, losses, costs, expenses (including reasonable attorney’s fees),
penalties, settlements and damages of whatsoever kind or nature arising out of, in
connection with, or incident to any acts or omissions of the Recipient, its employees,
agents, contractors, or subcontractors in performing its obligations under the terms of this
Agreement, except to the extent of the County’s or the District’s sole negligence.
The Recipient’s obligations under this provision shall include, but not be limited to, the
duty to promptly accept tender of defense and provide defense to the County and the
District with legal counsel acceptable to the County and the District at Recipient’s own
expense. Recipient, by mutual negotiation, hereby waives, as respects the County and the
District only, any immunity that would otherwise be available against such claims under
the Industrial Insurance provisions of Title 51 RCW. In the event it is necessary for the
County or the District 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
Recipient. The provisions of this section shall survive the expiration, abandonment, or
termination of this Agreement.
2.14. The Recipient agrees to acknowledge the District as a source of funding, and the WRIA
as a funding partner, for the Project on all printed, online, and electronic documents;
signage or press releases; audio-visual materials; or any other materials produced in
association with the Project. Grant Recipient shall submit documentation of
acknowledgement activities with their final reporting documents.
AGENDA ITEM #6. g)
Project Name: Springbrook Creek Rehabilitation Action Plan Award Number: 4.9.23.007
Page 5 of 8
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns. The Recipient shall not assign this Agreement to a
third party.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses set forth below via electronic mail and transmittal is
demonstrated by an electronic delivery receipt or similar confirmation.
King County Recipient
Kim Harper Joe Farah
Grant Administrator Surface Water Engineering Manager
King County WLRD City of Renton
kim.harper@kingcounty.gov Jfarah@rentonwa.gov
Either party hereto may, at any time, by giving ten (10) days written notice to the other
party to designate any other address in substitution of the foregoing address to which
such notice or communication shall be given.
3.5. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.6. The Project shall be completed by no later than December 31, 2026. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation to terminate this Agreement and retain any unexpended Award funds.
3.7. The Agreement will be terminated if the Recipient is unable or unwilling to expend the
Award as specified in Section 2.2 and Exhibits B and C. In the event of termination
under this section, the County shall be released from any obligation to fund the Project
and Recipient shall forfeit all rights to the unexpended portion of the Award.
AGENDA ITEM #6. g)
Project Name: Springbrook Creek Rehabilitation Action Plan Award Number: 4.9.23.007
Page 6 of 8
3.8. If the County determines that a breach of contract has occurred or does not approve of the
Recipient’s performance, it will give the Recipient written notification of unacceptable
performance. Recipient 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
Recipient. King County may withhold any payment owed Recipient until the County is
satisfied that corrective action has been taken or completed.
3.9. Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any 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. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
3.10. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the
requirements in these code sections shall specifically apply to this Agreement. In its
performance under this Agreement the Recipient shall not discriminate against any
person on the basis of race, color, age, gender, marital status, sexual orientation, gender
identity or expression, religion, ancestry, national origin, disability or use of a service or
assistive animal by an individual with a disability, unless based upon a bona fide
occupational qualification, and the Recipient shall not violate any of the terms of chapter
49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal,
state, or local law or regulation regarding nondiscrimination in employment.
3.11. 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.
3.12. This Agreement may be signed in multiple counterparts.
3.13. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
3.14. This Agreement shall be governed by and construed according to the laws of the State of
Washington. Actions pertaining to this Agreement will be brought in King County
Superior Court, King County, Washington.
3.15. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the District or the King County
Council, King County’s obligations are contingent upon the appropriation of sufficient
funds by the District or the King County Council to complete the Scope of Work. If no
such appropriation is made, this Agreement will terminate at the close of the
appropriation year for which the last appropriation that provides funds under this
Agreement was made.
AGENDA ITEM #6. g)
Project Name: Springbrook Creek Rehabilitation Action Plan Award Number: 4.9.23.007
Page 7 of 8
This document has been approved as to form by the King County Prosecuting Attorney’s Office
as of March 1, 2023.
KING COUNTY:
By
Name
Title
Date
RECIPIENT: CITY OF RENTON:
a Washington municipal corporation
By:_______________________
Armondo Pavone,
Mayor
__________________________
Date
Attest
_____________________________
Jason A. Seth,
City Clerk
Approved as to Legal Form
__________________________
Cheryl Beyer
Senior City Attorney
AGENDA ITEM #6. g)
Project Name: Springbrook Creek Rehabilitation Action Plan Award Number: 4.9.23.007
Page 8 of 8
EXHIBIT A: PROJECT DESCRIPTION
Project Recipient Description Leverage Award
Springbrook
Creek
Rehabilitation
Action Plan
City of
Renton
First phase of a multi-phase project that aims to rehabilitate
Springbrook Creek from SW 43rd St to the Black River Riparian
Forest. This plan will assess the existing conditions of the creek
and its banks, vegetation growth, width of the riparian buffer,
and any directly connected wetlands along the project corridor.
It will evaluate conceptual solutions to improve habitat and
ecological function in the creek and define a phasing plan for
implementation of future projects. It is anticipated that habitat
improvements will be made through riparian plantings, large
woody material, pool construction, channel branch excavation,
and a potential two-stage channel to enhance channel
complexity.
$45,000 $150,000
Project Location: Springbrook Creek downstream of SW 43 rd St. in Renton, WA.
EXHIBIT B: SCOPE OF WORK
Activity Title Activity Description Deliverables Estimated Percent
of Grant Budget
Month/Year Task
will be Completed
Task 1: Project
Administration
(Required)
Submit reimbursement request forms,
backup documentation for billing, and
progress reports at least every 6 months.
Submit a Fiscal Closeout form and a Closeout
Report form with the final reimbursement
request.
4% December 2026
Task 2: Project
Management
Consultant expenses - invoices and monthly
reports
None 4% December 2026
Task 3: Existing
Conditions
Assessment
Consultant expenses - site reconnaissance
and surveying
Existing conditions
assessment report
22% December 2024
Task 4:
Alternatives
Analysis
Consultant expenses - alternatives analysis Alternatives
Analysis report
33% September 2025
Task 5: Action
Plan
Development
Consultant expenses – action plan Action plan 37% July 2026
EXHIBIT C: BUDGET
Budget Item Grant Request
Commercial Services & Crew Time $150,000
TOTAL $150,000
AGENDA ITEM #6. g)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
TEMPORARY FULL STREET CLOSURE OF NE 44TH STREET BETWEEN N. 43RD STREET
AND I-405 SOUTHBOUND OFF RAMP
WHEREAS, the Washington State Department of Transportation (WSDOT) is constructing
the I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) project; and
WHEREAS, this construction activity will require a temporary street closures of NE 44th
Street between N. 43rd Street and the I-405 southbound off ramp; and
WHEREAS, pursuant to the City Code section 9-9-3, such street closures require City
Council authorization by means of a resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council does hereby authorize the temporary closure of NE 44 th Street
between N. 43rd Street and the I-405 southbound off ramp for one weekend from Friday evening
to Monday morning during the period beginning Friday, May 3, 2024 through Monday, August
26, 2024 for the purpose of decreasing impacts to the traveling public by minimizing the duration
to complete the work.
SECTION II. Notice of the closure shall be posted and published as required by RMC 9-9-2
and RMC 9-9-3.
PASSED BY THE CITY COUNCIL the day of , 2024.
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
2
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PW:24RES001:1/8/24
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY
OF AUBURN FOR THE PURPOSE OF PROVIDING ELECTRONIC HOME
MONITORING PROGRAM AND RELATED SERVICES.
WHEREAS, the City of Renton (“Renton”) and the City of Auburn (“Auburn”) are
authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an
interlocal government cooperative agreement; and
WHEREAS, Renton operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance
which can monitor the location, movement and specific behavior of persons within the
framework of the criminal justice process; and
WHEREAS, Renton and Auburn each have the power and authority to perform the activity
of supervision of persons within the jurisdiction of the criminal justice system; and
WHEREAS, Auburn desires to use, and Renton desires to provide, Renton’s electronic
home monitoring program for eligible offenders within Auburn’s jurisdiction and who are
sentenced by the King County District Court or any other court with the authority to adjudicate
violations of applicable law; and
WHEREAS, Renton’s electronic home monitoring program will be available for Auburn’s
use subject to the discretion and capabilities of Renton’s Electronic Home Monitoring employees
and administrators;
AGENDA ITEM # 8. b)
RESOLUTION NO. _______
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to sign and enter into an
interlocal agreement, attached hereto as Exhibit “A” and incorporated by this reference, with the
City of Auburn for the purpose of providing electronic home monitoring and related services.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PD:24RES003:1/24/2024
AGENDA ITEM # 8. b)
RESOLUTION NO. _______
3
EXHIBIT “A”
INTERLOCAL AGREEMENT Between
The City of RENTON and the City of AUBURN For
ELECTRONIC HOME MONITORING PROGRAM and RELATED
SERVICES
AGENDA ITEM # 8. b)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of AUBURN For
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Auburn (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
AGENDA ITEM # 8. b)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 2 of 7
PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
AGENDA ITEM # 8. b)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 3 of 7
RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
AGENDA ITEM # 8. b)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 4 of 7
expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
AGENDA ITEM # 8. b)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7
under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM # 8. b)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 6 of 7
CITY OF AUBURN CITY OF RENTON
_________________________________
Nancy Backus, Mayor
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________________
Harry Boesche, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM # 8. b)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7
EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM # 8. b)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY
OF BURIEN FOR THE PURPOSE OF PROVIDING ELECTRONIC HOME MONITORING
PROGRAM AND RELATED SERVICES.
WHEREAS, the City of Renton (“Renton”) and the City of Burien (“Burien”) are authorized,
pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal
government cooperative agreement; and
WHEREAS, Renton operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance
which can monitor the location, movement and specific behavior of persons within the
framework of the criminal justice process; and
WHEREAS, Renton and Burien each have the power and authority to perform the activity
of supervision of persons within the jurisdiction of the criminal justice system; and
WHEREAS, Burien desires to use, and Renton desires to provide, Renton’s electronic
home monitoring program for eligible offenders within Burien’s jurisdiction and who are
sentenced by the King County District Court or any other court with the authority to adjudicate
violations of applicable law; and
WHEREAS, Renton’s electronic home monitoring program will be available for Burien’s
use subject to the discretion and capabilities of Renton’s Electronic Home Monitoring employees
and administrators;
AGENDA ITEM # 8. c)
RESOLUTION NO. _______
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to sign and enter into an
interlocal agreement, attached hereto as Exhibit “A” and incorporated by this reference, with the
City of Burien for the purpose of providing electronic home monitoring and related services.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PD:24RES004:1/24/2024
AGENDA ITEM # 8. c)
RESOLUTION NO. _______
3
EXHIBIT “A”
INTERLOCAL AGREEMENT Between
The City of RENTON and the City of BURIEN For
ELECTRONIC HOME MONITORING PROGRAM and RELATED
SERVICES
AGENDA ITEM # 8. c)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of BURIEN for
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Burien (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
AGENDA ITEM # 8. c)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 2 of 7
PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR8
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
AGENDA ITEM # 8. c)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 3 of 7
RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
AGENDA ITEM # 8. c)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 4 of 7
expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
AGENDA ITEM # 8. c)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7
under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM # 8. c)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 6 of 7
CITY OF BURIEN CITY OF RENTON
_________________________________
Adolfo Bailon, City Manager
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Heather Dumlao, City Clerk
APPROVED AS TO FORM:
__________________________________
Garmon Newsom II, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM # 8. c)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7
EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM # 8. c)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY
OF COVINGTON FOR THE PURPOSE OF PROVIDING ELECTRONIC HOME
MONITORING PROGRAM AND RELATED SERVICES.
WHEREAS, the City of Renton (“Renton”) and the City of Covington (“Covington”) are
authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an
interlocal government cooperative agreement; and
WHEREAS, Renton operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance
which can monitor the location, movement and specific behavior of persons within the
framework of the criminal justice process; and
WHEREAS, Renton and Covington each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system; and
WHEREAS, Covington desires to use, and Renton desires to provide, Renton’s electronic
home monitoring program for eligible offenders within Covington’s jurisdiction and who are
sentenced by the King County District Court or any other court with the authority to adjudicate
violations of applicable law; and
WHEREAS, Renton’s electronic home monitoring program will be available for
Covington’s use subject to the discretion and capabilities of Renton’s Electronic Home Monitoring
employees and administrators;
AGENDA ITEM # 8. d)
RESOLUTION NO. _______
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to sign and enter into an
interlocal agreement, attached hereto as Exhibit “A” and incorporated by this reference, with the
City of Covington for the purpose of providing electronic home monitoring and related services.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PD:24RES005:1/24/2024
AGENDA ITEM # 8. d)
RESOLUTION NO. _______
3
EXHIBIT “A”
INTERLOCAL AGREEMENT Between
The City of RENTON and the City of COVINGTON For
ELECTRONIC HOME MONITORING PROGRAM and RELATED
SERVICES
AGENDA ITEM # 8. d)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of COVINGTON for
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Covington (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
AGENDA ITEM # 8. d)
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PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR8
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
AGENDA ITEM # 8. d)
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RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
AGENDA ITEM # 8. d)
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expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
AGENDA ITEM # 8. d)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7
under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM # 8. d)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 6 of 7
CITY OF COVINGTON CITY OF RENTON
_________________________________
Regan Bolli, City Manager
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Krista Bates, City Clerk
APPROVED AS TO FORM:
__________________________________
Mark Orthmann, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM # 8. d)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7
EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM # 8. d)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY
OF TUKWILA FOR THE PURPOSE OF PROVIDING ELECTRONIC HOME
MONITORING PROGRAM AND RELATED SERVICES.
WHEREAS, the City of Renton (“Renton”) and the City of Tukwila (“Tukwila”) are
authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an
interlocal government cooperative agreement; and
WHEREAS, Renton operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance
which can monitor the location, movement and specific behavior of persons within the
framework of the criminal justice process; and
WHEREAS, Renton and Tukwila each have the power and authority to perform the activity
of supervision of persons within the jurisdiction of the criminal justice system; and
WHEREAS, Tukwila desires to use, and Renton desires to provide, Renton’s electronic
home monitoring program for eligible offenders within Tukwila’s jurisdiction and who are
sentenced by the Tukwila Municipal Court or any other court with the authority to adjudicate
violations of applicable law; and
WHEREAS, Renton’s electronic home monitoring program will be available for Tukwila’s
use subject to the discretion and capabilities of Renton’s Electronic Home Monitoring employees
and administrators;
AGENDA ITEM # 8. e)
RESOLUTION NO. _______
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to sign and enter into an
interlocal agreement, attached hereto as Exhibit “A” and incorporated by this reference, with the
City of Tukwila for the purpose of providing electronic home monitoring and related services.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PD:24RES006:1/24/2024
AGENDA ITEM # 8. e)
RESOLUTION NO. _______
3
EXHIBIT “A”
INTERLOCAL AGREEMENT Between
The City of RENTON and the City of TUKWILA For
ELECTRONIC HOME MONITORING PROGRAM and RELATED
SERVICES
AGENDA ITEM # 8. e)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of TUKWILA for
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Tukwila (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
AGENDA ITEM # 8. e)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 2 of 7
PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
AGENDA ITEM # 8. e)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 3 of 7
RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
AGENDA ITEM # 8. e)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 4 of 7
expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
AGENDA ITEM # 8. e)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7
under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM # 8. e)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 6 of 7
CITY OF TUKWILA CITY OF RENTON
_________________________________
Thomas McLeod, Mayor
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Christy O’Flaherty, City Clerk
APPROVED AS TO FORM:
__________________________________
Kari Sand, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM # 8. e)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7
EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
Municipal Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM # 8. e)
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
PUGET SOUND REGIONAL FIRE AUTHORITY FOR THE PURPOSE OF CREATING A
REGIONAL FDCARES PILOT PROJECT.
WHEREAS, the City and Puget Sound Regional Fire Authority are authorized, pursuant to
RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government
cooperative agreement; and
WHEREAS, to participate in a regionally consistent and efficient method of providing
resources and social services to community members who use emergency resources for
nonemergent or nonurgent calls, the City desires to engage Puget Sound Regional Fire Authority's
Services, as set forth in the attached Exhibit A (Interlocal Agreement for Regional FDCares Pilot
Project), for the purpose of preventing injury and illness in the community, pursuant to RCW
35.21.930; and
WHEREAS, to satisfy the Puget Sound Regional Fire Authority’s requirements for entering
into such a mutually beneficial agreement for FDCARES Services, the City also agrees to enter into
a second agreement for the benefit of Renton resident s, as set forth in in the attached Exhibit B
(Business Associate Agreement), for the purpose of protecting private health records and
information to the extent allowable by applicable law; and
WHEREAS, the Puget Sound Regional Fire Authority currently has the equipment and
personnel to provide FDCARES Services on a regional basis and is willing to extend this service to
the City;
AGENDA ITEM # 8. f)
RESOLUTION NO. _______
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with Puget Sound Regional Fire Authority regarding regional FDCARES pilot project
during fiscal year 2024 entitled Interlocal Agreement for Regional FDCARES Pilot Project,
attached hereto as Exhibit “A” and incorporated by this reference.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with Puget Sound Regional Fire Authority regarding regional FDCARES pilot project
during fiscal year 2024 entitled Business Associate Agreement for Regional FDCARES Pilot Project,
attached hereto as Exhibit “B” and incorporated by this reference.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- RPD:24RES007:1/25/24
AGENDA ITEM # 8. f)
RESOLUTION NO. _______
3
EXHIBIT “A”
Interlocal Agreement for Regional FDCARES Pilot Project
AGENDA ITEM # 8. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 1
INTERLOCAL AGREEMENT FOR
REGIONAL FDCARES PILOT PROJECT
THIS AGREEMENT is entered into between PUGET SOUND REGIONAL FIRE
AUTHORITY, a Washington Municipal Corporation (“Provider”), and the undersigned Washington
Municipal Corporation(s) (the “User”). Provider and User(s) are referred to herein together as the “Parties”
and individually a “Party.”
RECITALS
1. The purpose and objective of the REGIONAL FDCARES PILOT PROJECT INTERLOCAL
AGREMENT ("Agreement") is to set forth the understanding, rights and responsibilities of the Parties
with respect to the provision of non-emergency community assistance referral and education services
pursuant to RCW 35.21.930 together with additional services as identified by the Parties in an effort
to develop a regionally consistent and efficient method of providing services throughout the
jurisdictions of the Provider and Users.
2. The Provider currently has the equipment and personnel to provide FDCARES Services on a regional
basis and is willing to extend this service to the User.
3. User has a need for such services and wishes to support the Regional FDCARES Pilot Project
described above.
4. This Agreement is made and entered into pursuant to the provisions of RCW Chapter 39.34, the
Interlocal Cooperation Act.
AGREEMENT
To carry out the purpose of this agreement and in consideration of the benefits to be received by each
Party, it is agreed as follows:
1. FDCARES Services. Subject to the terms of this Agreement, Provider shall provide User the
FDCARES Services set forth in Exhibit A (“Services”). The chief executive or designee of the User
and the Fire Chief or designee of Provider may negotiate changes, amendments, and modifications to
Exhibit A if mutually agreed to in writing.
2. Payment for Services. In consideration of the FDCARES Services provided, User shall pay Provider
$__182,875.00___ for calendar year 2024. Payments shall be made on a quarterly basis each March
1, June 1, September 1 and December 1. Provider shall notify User of the annual cost of service for
future years on or before August 1 of the preceding year.
3. Reporting. Provider shall provide User with Bi-Annual reports documenting the Services provided.
4. Term. The effective date of this Agreement shall be January 1, 2024, This Agreement shall
automatically renew for additional one year terms each January 1 unless terminated by a Party in
writing prior to the preceding September 1. In addition, any party may terminate with six months
advance written notice at any time. Payment obligations for such terminations shall be prorated based
on the effective date of termination.
AGENDA ITEM # 8. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 2
5. Indemnification. Each Party shall indemnify and hold the other Party and the other Party’s agents,
employees, and/or officers, harmless from and shall process and defend at its own expense any and all
claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever
kind or nature, brought against the other Party arising out of, in connection with the Party’s
performance or failure to perform any aspect of this Agreement; provided, however, that if such claims
are caused by or result from the concurrent negligence of both Parties, and/or their agents, employees,
and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the
negligence of each Party; and provided further, that nothing herein shall require one Party to hold
harmless or defend the other Party, its agents, employees and/or officers from any claims arising from
the sole negligence of the other Party, its agents, employees, and/or officers. No liability shall attach
to either Party by reason of entering into this Agreement except as expressly provided herein. Provider
agrees that the foregoing indemnity specifically covers actions brought by its own employees, and
thus Provider expressly waives its immunity under industrial insurance, Title 51, as necessary to
effectuate this indemnity.
6. Insurance. The Provider shall provide insurance coverage for all Provider equipment and personnel.
The insurance coverage shall include all risk property insurance and general liability insurance,
including errors and omissions coverage. The Provider shall, upon request from the User, furnish to
User appropriate documentation showing that such coverage is in effect. The User recognizes that the
Provider is a member of a governmental insurance pool.
7. Dispute Resolution.
7.1. Prior to any other action, the Parties shall meet and attempt to negotiate a resolution to such
dispute.
7.2. If the Parties are unable to resolve a dispute regarding this Agreement through negotiation, either
Party may demand mediation through a process to be mutually agreed to in good faith between
the Parties within 30 days. The Parties shall share equally the costs of mediation and each Party
shall be responsible for their own costs in preparation and participation in the mediation, including
expert witness fees and reasonable attorney’s fees.
7.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute, then,
within 30 calendar days, either Party may submit the dispute to arbitration according to the
procedures of the Superior Court Rules for Mandatory Arbitration, including the Local Mandatory
Arbitration Rules of the King County Superior Court, King County, Washington, as amended,
unless the Parties agree in writing to an alternative dispute resolution process. The arbitration
shall be before a disinterested arbitrator selected pursuant to the Mandatory Arbitration Rules with
both Parties sharing equally in the cost of the arbitrator. The location of the arbitration shall be
mutually agreed or established by the assigned Arbitrator, and the laws of Washington will govern
its proceedings. Each Party shall be responsible for its own costs in preparing for and participating
in the arbitration, including expert witness fees and reasonable attorney’s fees.
7.4. Following the arbitrator’s issuance of a ruling/award, either Party shall have 30 calendar days
from the date of the ruling/award to file and serve a demand for a bench trial de novo in the King
County Superior Court. The court shall determine all questions of law and fact without
empanelling a jury for any purpose. If the Party demanding the trial de novo does not improve its
position from the arbitrator’s ruling/award following a final judgment, that Party shall pay all
costs, expenses and attorney fees to the other Party, including all costs, attorney fees and expenses
associated with any appeals.
AGENDA ITEM # 8. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 3
7.5. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive
and final remedy to or for either Party for any dispute regarding this Agreement, and its
interpretation, application or breach, regardless of whether the dispute is based in contract, tort,
any violation of federal law, state statute or local ordinance or for any breach of administrative
rule or regulation and regardless of the amount or type of relief demanded.
8. Miscellaneous:
8.1. Independent Governments. The Parties recognize and agree that the Provider and the Users are
independent governments. The Users are establishing a contractual relationship solely with the
Provider and are not establishing a contractual relationship with other Users. Except for the
specific terms of this Agreement, nothing herein shall be construed to limit the discretion of the
governing bodies of the Parties. This Agreement shall not be construed as creating an association,
joint venture, or partnership between the Parties, nor to impose any partnership obligations or
liabilities on either Party.
8.2. Administration. This Agreement shall be administered by each Party’s chief executive officer
or designee.
8.3. Property Ownership. This Agreement does not provide for jointly owned property unless
specific provision is made for joint ownership in a Collaborative Activities Exhibit. All property
presently owned or hereafter acquired by a Party to enable it to perform the services required
under this Agreement, shall remain the property of the acquiring Party in the event of the
termination of this agreement.
8.4. Service Limitation. The FDCARES Services provided under this Agreement represent an
extension and expansion of services the Provider owes to the public in general. Neither Party
intends to create a special relationship or duty to the other Party or to the public served by either
Party.
8.5. Notices. All notices, requests, demands and other communications required by this agreement
shall be in writing and, except as expressly provided elsewhere in this agreement, shall be deemed
to have been given at the time of delivery if personally delivered or at the time of mailing if mailed
by first class, postage pre-paid and addressed to the Party at its address as stated in this agreement
or at such address as any Party may designate at any time in writing.
8.6. Severability. If any provision of this agreement or its application is held invalid, the remainder
of the agreement or the application of the remainder of the agreement shall not be affected.
8.7. Modification. This agreement represents the entire agreement between the Parties. No change,
termination or attempted waiver of any of the provisions of this agreement shall be binding on
either of the Parties unless executed in writing by authorized representatives of each of the Parties.
The agreement shall not be modified, supplemented or otherwise affected by the course of dealing
between the Parties.
8.8. Benefits. This agreement is entered into for the benefit of the Parties to this agreement only and
shall confer no benefits, direct or implied, on any third persons.
8.9. Non-Exclusive Agreement. The Parties to this agreement shall not be precluded from entering
into similar agreements with other municipal corporations.
AGENDA ITEM # 8. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 4
8.10. Filing/Web Site. Filing/Web Site. This Agreement shall either be filed with the County
Auditor or by listing on either of the Party’s websites in accordance with RCW 39.34.040.
9. DUPLICATE ORIGINALS. This agreement may be executed in duplicate originals.
PROVIDER
PUGET SOUND REGIONAL FIRE
AUTHORITY
By: __________________________________
Brian Carson, Fire Chief
Date: _________________________________
USER
CITY OF RENTON
By:_________________________________
Armondo Pavone, Mayor
Date: _______________________________
AGENDA ITEM # 8. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 5
EXHIBIT A
FD CARES SERVICES
1. Services. Puget Sound Fire shall provide the User with the following services.
1.1. Day to day support for the User’s organization, including aiding with the development of an FD
CARES plan specific for the User’s organization
1.2. Including but not limited to the following.
1.2.1.1. Aid in the de-escalation of non-violent community members in crisis with behavioral
health disorders.
1.2.1.2. Connect community members to appropriate resources and address mental health issues
or other social services needs.
1.2.1.3. In efforts to reduce encounters, assist with referrals as appropriate to mitigate future
crisis.
1.2.1.4. Document and track both mental health and non-mental health calls for service in
conjunction with dispatch (Valley Communications)
1.2.1.5. Collection of documentation and analyzing data to measure outcomes and improve
services.
1.2.1.6. Provide police staff with mental health or stabilization resources and or training.
1.2.1.7. Attend trainings and meetings.
2. Provide access and use of all FD CARES related written materials to include all necessary forms for
use as the User’s organization deems appropriate.
3. Assist appointed User employee in educating the organizations associated members on what FD
CARES is and why a fire organization should implement the program.
4. Assist appointed User employee in understanding the necessary data collection for responders at all
EMS related incidents.
5. Assist appointed User employee(s) with addressing repetitive medical responses.
6. Work with appointed User employee(s) on developing possible funding partnerships that may include
but may not be limited to:
6.1.1. King County Emergency Medical Services
6.1.2. King County Mental Health
6.1.3. King County area Hospitals
6.1.4. Local area medical payer groups such as Medicaid, Medicare, Premera, Molina, etc…
7. User Obligations.
7.1. Appointed User employee will work with Puget Sound Fire and other assigned staff and partners
to assist with further building and improving the FD CARES program for all organizations
adopting or interested in adopting the program. User shall enter into a mutually agreeable Business
AGENDA ITEM # 8. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 6
Associate Agreement with Puget Sound Fire to address the sharing of any patient health
information that occurs under this Agreement.
AGENDA ITEM # 8. f)
RESOLUTION NO. _______
4
EXHIBIT “B”
BUSINESS ASSOCIATE AGREEMENT
AGENDA ITEM # 8. f)
1
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement “Agreement” is entered into effective the ____ day of
____________, 20__ by City of Renton, by and through its Police Department “Business
Associate” and the Puget Sound Regional Fire Authority “Covered Entity.”
RECITALS
1. Covered Entity is a municipal corporation organized and operating in the State of
Washington that provides emergency and non-medical emergency services to its patients
including care coordination services.
2. Business Associate has contracted with Covered Entity to provide FDCARES services to
its Police Department that may require access to Covered Entity’s patient health
information “Services.”
3. Covered Entity and Business Associate have agreed to conduct all of their business in
compliance with all applicable federal, state and local statutes, regulations, rules and
policies, including but not limited to the Health Insurance Portability and Accountability
Act of 1996 and associated rules as set forth in 45 CFR parts 160 and 164 ("HIPAA"); and
4. In order to provide the Services, Business Associate and its directors, officers, partners,
employees, advisors, agents and consultants (the “Agents”), will require access to Health
Information that identifies Covered Entity patients.
5. For purposes of this Agreement, Health Information includes information created or
received by the Covered Entity that relates to health care services provided to a Covered
Entity patient, including demographic information collected from patients and other
individuals, that identifies the individual patient or with respect to which there is a
reasonable basis upon which to believe that the information can be used to identify an
individual patient; and
6. It appears that the Business Associate is a Business Associate of the Covered Entity as that
term is defined in the HIPAA regulations; and
7. Covered Entity is willing to provide Business Associate with access to the Health
Information to enable Business Associate to perform the Services consistent with chapter
70.02 RCW and HIPAA.
AGREEMENT
In consideration for granting Business Associate access to the Health Information and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Business Associate agrees as follows:
AGENDA ITEM # 8. f)
2
1. Permitted Uses. Business Associate may use or disclose Covered Entities Health Information
as necessary to perform Business Associate’s Services as set forth in Recital 2 above and any
Underlying Contracts between Business Associate and Covered Entity.
2. Confidentiality. Business Associate and its Agents agree to keep the Health Information
strictly confidential and will use and/or disclose the Health Information solely for the purpose of
providing the Services. Business Associate will disclose the contents of the Health Information to
its Agents only as minimally necessary and only to the extent required for the Business Associate
to provide the Services.
3. Confidentiality and Subcontractors. Business Associate agrees to ensure that any
subcontractors that create, receive, maintain, or transmit protected health information on behalf of
the Business Associate agree to the same restrictions, conditions, and requirements that apply to
the Business Associate with respect to such information.
4. General Privacy Compliance. Business Associate shall maintain and safeguard the privacy,
security, and confidentiality of all Health Information transmitted or received from the Covered
Entity in accordance with the provisions of chapter 70.02 RCW and HIPAA, as amended, and in
accordance with all other applicable federal, state and local statutes, regulations and Covered
Entity policies regarding the confidentiality of patient Health Information.
5. Minimum Necessary. Business Associate agrees to limit all uses and disclosures of Health
Information to the minimum amount necessary to accomplish the intended purpose of the use or
disclosure. Business Associate agrees that in all uses and disclosures that it will include only the
minimum amount of Health Information necessary to accomplish the purpose of the use or
disclosure as necessary for Business Associate to perform the Services.
6. Underlying Contracts. This Agreement is incorporated into all existing and current
contract(s) “Underlying Contracts” between the parties under which Business Associate is carrying
out activities or functions involving the use of Covered Entities Health Information.
7. Privacy and Security Obligations. On receipt of Health Information, Business Associate will:
7.1. Not use or further disclose the Health Information other than as permitted or required
by this Agreement, or as required by law, including but not limited to Chapter 42.56 RCW (The
Public Records Act);
7.2. Use appropriate safeguards to prevent the use or disclosure of such Health Information
other than as provided for by this Agreement;
7.3. Business Associate will not transfer Protected Health Information outside the United
States without the prior written consent of the Covered Entity. In this context, a “transfer” outside
the United States occurs if Business Associate’s workforce members, agents, or subcontractors
physically located outside the United States are able to access, use, or disclose Protected Health
Information.
AGENDA ITEM # 8. f)
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7.4. Business Associate shall not engage in any sale (as defined in the HIPAA Rules) of
Protected Health Information.
7.5. Ensure that any agents, including subcontractors, to whom Business Associate provides
Health Information agree in writing to the same restrictions and conditions that apply to Business
Associate with respect to such Health Information;
7.6. Make Health Information available for inspection and copying in a manner consistent
with Covered Entity Policy and all applicable laws;
7.7. Make Health Information available for amendment and incorporate any amendments
to Health Information in a manner consistent with Covered Entity Policy and all applicable laws;
7.8. Make Health Information available as required to provide an accounting of disclosures
in a manner consistent with Covered Entity Policy and all applicable laws;
7.9. Incorporate any amendments or corrections to the Health Information when notified in
a manner consistent with Covered Entity Policy and all applicable laws;
7.10. Maintain all records of Health Information received from, or created or received on
behalf of, the Covered Entity and document subsequent uses and disclosures in a manner consistent
with Covered Entity Policy and all applicable laws, including but not limited to Chapter 42.56
RCW (The Public Records Act). Business Associate shall maintain such records and accountings
for a minimum of six years;
7.11. Make Business Associate's internal practices, books and records relating to the use and
disclosure of Health Information received from, or created or received by the Business Associate
on behalf of, the Covered Entity available to the Secretary of Health and Human Services (“HHS”)
for purposes of determining the Covered Entity's compliance with HIPAA;
7.12. Except as provided for in this Agreement, in the event Business Associate receives an
access, amendment, accounting of disclosure, or other similar request directly from an Individual,
Business Associate will redirect the Individual to the Covered Entity.
7.13. At termination of the Agreement, if feasible, return or destroy all Health Information
that the Business Associate still maintains in any form and retain no copies of such Health
Information in accordance with the applicable law of the State of Washington, or, if such return or
destruction is not feasible, extend the protection of this Agreement to the Health Information and
limit further uses and disclosures to those purposes that make the return or destruction of the Health
Information not feasible.
8. Creation of De-identified Data. In the event Business Associate wishes to convert PHI to
DID, it must first subject its proposed plan for accomplishing the conversion to Covered Entity for
Covered Entities approval, which shall not be unreasonably withheld provided such conversion
meets the requirements of 45 C.F.R. Part 164.514. Business Associate may only use DID as
directed or otherwise agreed to by Covered Entity.
9. Breaches and Security Incidents.
AGENDA ITEM # 8. f)
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9.1. Reporting.
9.1.1. Impermissible Use or Disclosure. Business Associate will report to Covered
Entity any use or disclosure of Protected Health Information not permitted by this BAA
immediately and not more than seventy-two (72) hours after Business Associate discovered such
non-permitted use or disclosure.
9.1.2. Breach of Unsecured Protected Health Information. Business Associate will
report to Covered Entity any potential Breach of Unsecured Protected Health Information
immediately and not more than seventy-two (72) hours after discovery of such potential Breach.
Business Associate will treat a potential Breach as being discovered in accordance with 45 CFR
164.410. Business Associate will make the notice and report to Covered Entity’s Privacy Officer.
If a delay is requested by a law-enforcement official in accordance with 45 CFR 164.412, Business
Associate may delay notifying Covered Entity for the applicable time period. Business Associate’s
report will include at least the following, provided that absence of any information will not be
cause for Business Associate to delay the report and available information will be provided in a
subsequent report as soon as reasonably possible:
9.1.2.1. Identify the nature of the Breach, which will include a brief description of
what happened, including the date of any Breach and the date of the discovery of any Breach, and
the number of individuals who are subject to a Breach;
9.1.2.2. Identify the types of Protected Health Information that were involved in the
Breach (such as whether full name, Social Security number, date of birth, home address, account
number, diagnosis, or other information were involved);
9.1.2.3. Identify who made the non-permitted use or disclosure and who received
the non-permitted disclosure;
9.1.2.4. Identify what corrective or investigative action Business Associate took or
will take to prevent further non-permitted uses or disclosures, to mitigate harmful effects, and to
protect against any further Breaches;
9.1.2.5. Identify what steps the individuals who were subject to a Breach should take
to protect themselves; and
9.1.2.6. Provide such other information, including a written report and risk
assessment under 45 CFR 164.402, as Covered Entity may reasonably request.
9.2. Security Incidents. Business Associate will report to Covered Entity any Security
Incidents of which Business Associate become aware. Business Associate will make this report
and treat a Security Incident as provided in the provisions set forth above.
9.3. Mitigation. Business Associate shall mintage, to the extent practicable, any harmful
effect known to the Business Associate resulting from a use or disclosure in violation of this BAA.
Business Associate at its sole expense, or, if Covered Entity elects to carry out some or all
mitigation efforts, reimburse Covered Entity for its reasonable costs and expenses (including
AGENDA ITEM # 8. f)
5
without limitation administrative costs, costs of legal action and attorney engagement, and
payment of fines, settlements and damages) incurred in connection with mitigation efforts.
10. Indemnification. Business Associate agrees to defend, indemnify, and hold harmless Covered
Entity and its commissioners, employees, officers and agents against any and all claims, demands,
causes of action, losses, damages, liabilities, judgment, costs and expenses (including reasonable
attorneys' fees) asserted against or incurred by the Covered Entity or its commissioners,
employees, officers and agents as a result of any violation of, or failure to comply with, the
provisions of this Agreement by Business Associate and/or its Agents.
11. Limitation of Liability. Business Associate acknowledges and understands that Covered
Entity makes no representations or warranties, express or implied, regarding the content or
completeness of the Health Information provided to Business Associate. Business Associate agrees
to release Covered Entity and its commissioners, employees, officers and agents, from all claims,
demands, causes of action, losses, damages, liabilities, costs or expenses (including reasonable
attorneys' fees) asserted against or incurred by Business Associate or its Agents by sole reason of
the Business Associate’s use or disclosure of the Health Information.
12. Breach of Agreement - Termination.
12.1. In the event that the Covered Entity becomes aware of a pattern or practice of the
Business Associate that constitutes a material breach or violation of the Business Associate’s
obligations under this Agreement, which breach is not cured within five (5) days after notice is
provided to the Business Associate, this Agreement shall terminate.
12.2. In the event of a default or breach by the Business Associate as set forth in Section 9.1
of this Agreement, the Covered Entity shall have available to it any legal or equitable right or
remedy to which Covered Entity is entitled, including but not limited to, injunctive relief. Covered
Entity shall not be deemed to have waived any of its rights or remedies because of its failure or
delay in exercising any such right or remedy in a particular instance.
13. Continuing Privacy and Security Obligations. Business Associate’s obligations to protect
the privacy and safeguard the security of Protected Health Information as specified in this BAA
will be continuous and survive termination or other conclusion of this BAA.
14. Re-Negotiation. The parties agree to negotiate in good faith any modification to this
Agreement that may be necessary or required to ensure consistency with amendments to and
changes in applicable federal and state laws and regulations, including but not limited to,
regulations promulgated pursuant to HIPAA.
15. Penalties for Noncompliance. Business Associate acknowledges that it is subject to civil and
criminal enforcement for failure to comply with the HIPAA Rules, to the extent provided by the
HITECH Act and the HIPAA Rules.
16. Availability of Disclosure Information. Business Associate will maintain the Disclosure
Information for at least seven (7) years following the date of the accountable disclosure to which
the Disclosure Information relates. Business Associate will make the Disclosure Information
AGENDA ITEM # 8. f)
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available to Covered Entity within seven (7) calendar days following Covered Entity’s request for
such Disclosure Information to comply with an individual’s request for an accounting of
disclosure.
17. Miscellaneous Provisions.
17.1. Any ambiguity in this Agreement shall be interpreted to permit compliance with the
HIPAA Rules.
17.2. Notwithstanding the foregoing, this Agreement shall be binding upon and shall inure
to the benefit of the parties, and any successor to the parties whether by operation of law or
otherwise.
17.3. All notices given pursuant to this Agreement shall be in writing and shall be delivered
by hand or sent by registered or certified mail, return receipt requested, postage pre-paid, addressed
to the party for whom it is intended at its address as set forth below. Any address for the giving of
notice may be changed by giving notice to that effect to the other party. Each such notice shall be
deemed to have been given on the date of its receipt by the party for whom it was intended.
17.4. If any provision of this Agreement is or becomes unenforceable, the remainder of this
Agreement shall nevertheless remain binding to the fullest extent possible, taking into
consideration the purposes and spirit of this Agreement.
17.5. This Agreement contains the entire understanding of the parties with regard to the
subject matter hereof, and supersedes all other agreements and understandings, written and oral,
relating to the subject matter hereof. This Agreement may not be amended or modified, nor may
any of its provisions be waived, except by a writing executed by both of the parties or, in the case
of a waiver, by the party waiving compliance. The waiver of any one breach shall not be construed
as a waiver of any rights or remedies with respect to any other breach or subsequent breach.
17.6. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington applicable to agreements made and to be performed entirely within such State,
with regard to principles of conflicts of law. The venue of any action arising under this Agreement
shall be in King county Washington.
17.7. This Agreement may be executed in one or more counterpart copies, each of which
shall be deemed an original and together shall constitute one and the same Agreement.
18. Term. The term of this Agreement shall be identical to the term specified in any Underlying
Contracts, the terms of which are incorporated herein by this reference. Any provision of this
Agreement which by its terms is intended to survive the termination or expiration of this
Agreement shall so survive.
BUSINESS ASSOCIATE:
City of Renton
COVERED ENTITY:
Puget Sound Regional Fire Authority
AGENDA ITEM # 8. f)
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By:
(signature)
Print Name: Armondo Pavone, Mayor
DATE:
By:
(signature)
Print Name: Brian Carson, Fire Chief
DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
Kent RFA FDCARES Division
24611 116th Ave. S.E.
Kent, WA 98030
AGENDA ITEM # 8. f)
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, RELATING TO THE
TEMPORARY WAIVER OF PARKING FEES FOR THE CITY CENTER PARKING GARAGE
ESTABLISHED BY ORDINANCE NO. 5997 AND EXTENDED AND AMENDED BY
ORDINANCE NOS. 6018, 6039, AND 6065, IN RESPONSE TO THE OPERATIONAL
LIMITS ON BUSINESSES TO EXTEND THE TEMPORARY WAIVER OF PARKING FEES
FOR PARKING FOR PERIODS OF UP TO 10 HOURS WITHIN THE CITY’S CITY CENTER
PARKING GARAGE LOCATED AT 655 SOUTH 2ND STREET, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Center Parking Garage is an important asset for the downtown area
as it provides convenient parking for persons visiting downtown for events, dining, shopping,
recreation, and other business-related activities; and
WHEREAS, the actual usage of the garage remains fairly low. Allowing patrons to utilize
the garage without charge (for free) is important to ensuring that it remains an available option
that drivers will utilize either for multi-hour parking for longer downtown visits or for quicker
visits and times when on-street parking options are more limited; and
WHEREAS, construction of the nearby Williams Avenue streetscape improvements has
been slightly delayed and will extend into the first quarter of 2024. During construction, property
and business owners have been encouraged to recommend the garage and its free parking option
as an alternative place to park for customers and employees. Leaving the free parking in place
during 2024 allows the streetscape improvements team to continue promoting this option during
the remainder of the construction period; and
WHEREAS, although the pandemic has ended, downtown businesses remain in recovery
mode. Providing sufficient, convenient, and free parking at the garage will assist in the recovery
AGENDA ITEM # 8. g)
ORDINANCE NO. ________
2
effort for Downtown’s small and locally-owned businesses by encouraging more customers to
visit Downtown to patronize them; and
WHEREAS, in order to accommodate the anticipated increases in short-term parking the
area zoned Center Downtown (CD) and to assist the struggling downtown business community,
Ordinance No. 5997 temporary waived hourly parking fees in the City’s City Center Parking
Garage located at 655 South 2nd Street for parking up to 10 hours.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Council hereby temporarily extends the waiver of the following parking fees
established in Section III of the City of Renton Fee Schedule for the following parking periods with
the City Center Parking Garage:
Zero (0) to two (2) hours;
Two (2) to four (4) hours;
Four (4) to six (6) hours;
Six (6) to (10) hours
to December 31, 2024.
SECTION II. If any section, subsection, sentence, clause, phrase, or word of this ordinance
should be held to be invalid or unconstitutional by a court of 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.
AGENDA ITEM # 8. g)
ORDINANCE NO. ________
3
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 the day of , 2024.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-PW:2286(23ORD004):12/27/23
AGENDA ITEM # 8. g)