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HomeMy WebLinkAboutAgenda Packet for 1/26/2015 r � AGENDA RENTON CITY COUNCIL REGULAR MEETING January 26, 2015 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a. Renton Heart Month - February 2015 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Court case filed by Ruby L. Gaines, represented by Buckley & Associates, PS, Inc., vs. the City of Renton, et al. Refer to Citv Attornev and Insurance Services. b. City Attorney recommends amending RMC 1-3-2.P.4 to correct a scrivener's error by changing the word "conviction" to "violation" for consistency. Refer to Public Safetv Committee. c. Fire and Emergency Services Department recommends approval of the South King County Training Consortium Associate Agency Agreement in the amount of $48,240 with Kent Regional Fire Authority in order to cooperatively provide joint training services for fire protection and emergency medical services for the period 1/1/2015 - 12/31/2015. Council concur. (See 8.a. for resolution.) d. Public Works Department recommends approval of an interagency agreement with the cities of Bellevue, Kirkland, Newcastle and Redmond regarding coordinated environmental review of PSE's proposed Energize Eastside 230 kV Transmission Line project. Refer to Plannin� and Development Committee. e. Transportation Systems Division recommends approval of the 2015-2016 One Card for All (ORCA) Business Passport interlocal agreement with King County, Pierce Transit, Sound Transit, Community Transit, Kitsap Transit, and the Washington State Ferries Division in the amount of $99,756 to continue the Commute Trip Reduction Program for City employees. Refer to Transportation (Aviation) Committee. Page 1 of 2 � 1 f. Utility Systems Division submits CAG-14-089, South 132nd Street Sewer Extension project; and requests approval of the project, authorization for final pay estimate in the amount of$8,732.84 commencement of a 60-day lien period, and release of retainage in the amount of$15,417.70 to A Advanced Septic Services, Inc., contractor, if all required releases are obtained. Refer to Utilities 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: Verizon Wireless Lease Addendum; Waived Fees for Sunset Area RHA Projects; Cingular Wireless Lease Agreement b. Transportation (Aviation) Committee: Rainier Flight Service Lease Amendment 1; Rainier Flight Service Lease Amendment 2 8. RESOLUTIONS AND ORDINANCES Resolution: a. South King County Training Consortium Associate Agency Agreement (See 6.c.) Ordinance for second and final reading: a. Amending RMC 4-1-210.0 for "Affordable Housing" definition (1st reading 1/12/2015) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS January 26, 2015 Monday, 5:30 p.m. Community Services Report on 2014 Services (Recreation, Neighborhoods, Resources & Events, Parks Maintenance & Golf Course) • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues.&Thurs.at 11 AM&9 PM,Wed.& Fri at 9 AM& 7 PM and Sat.&Sun. at 1 PM&9 PM Page 2 of 2 � � Denis Law Cl� Of Mayor � ti�CY � � ♦ i ♦ ���� Mayor's Office 1�'- roc �mdtion ��iereas, heart disease continues to be the leading cause of death in the United States and affects men and women of every age and race; and `G1�hereas, many people who have high blood pressure may go years without knowing it,which is why heart disease is called America's "Silent Killer"; and `Gllhet'eas,the chance of developing coronary heart disease can be reduced by taking simple steps to prevent and control certain factors that put people at greater risk; and `GV�ereas,the Renton Fire and Emergency Services Department supports its commitment to fighting heart disease by promoting preventative screenings and public education in many of the city's diverse communities throughout Renton; and `G1�hereas, Renton Heart Month serves to increase public awareness of the importance of fighting cardiovascular disease by developing good eating habits, being physically active, and taking advantage of preventative screenings;and �hereas, being aware of the warning signs of a heart attack or stroke and knowing what to do may help save a life, all Renton citizens are encouraged to learn how to perform � cardiopulmonary resuscitation (CPR) and use an automatic externat defibrillator(AED); Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim February 2015 to be 1�,enton �eart �Vlonth and I encourage all citizens to increase their awareness of cardiovascular disease, detection, and prevention by participating in this important community risk reduction campaign. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 26th day of lanuary, 2015. � � , � � ; � Denis Law, Mayor City of Renton, Washington Renton Ciry Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov CITY OF RENTON COUNCIL AGENDA BILL � � Subject/Title: Meeting: COURT CASE: Gaines vs. City of Renton, et al; REGULAR COUNCIL - 26 Jan 2015 CRT-15-001 Exhibits: Submitting Data: Dept/Div/Board: Summons City Clerk Staff Contact: Jason Seth, City Clerk, ext. 6502 Recommended Action: Refer to City Attorney& Insurance Services Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ � City Share Total Project: $ SUMMARY OF ACTION: 1/8/2015 - Summons filed by Ruby L. Gaines, represented by Buckley & Associates, PS, Inc., vs. the City of Renton, et al. STAFF RECOMMENDATION: n/a `' , C Y � ENTOi� C17Y 0�RENTON II � I 2 � J�.iv Q � 2015 ��C �e�� 5��•�u� 1 Ef • f 1� RECEiVE�J �Cr'")) C{T GLERK'S OF� E Cf`s Y CLERK'S O�r=ICL� t L'7��°%-. 4 S � . 6 � 7 . IN THE.SUPERIOR COURT OF TNE.STATE.OF WASHfNGTON 8 • IN AND�FOR•THE COUNTY OF K[NG 9 . � l0 RUIIY L.�GAINES; i�IO; fi . Plaintif�', SUMMONS t2 l3 � -vs- �q TI-IE C1TY OF�RENTON&OFFICER[CE1l1N P. LANE� l S Defendants. ' 16 " 17 � TO THE DEFENDAN'i'S;. OFFIER KEVlN P.LANE&THE CiTY OF RENTON I8 ' A lawsuit hes.been swried against'yau in the�above=entitled court by-Ihe plaintif�: 19 ' . . . . . . . . . . Plaintif�'s ctaim is stated in thc written complairit, a copy oF w6icfi is seived 'upon you with lhis 20 2� summons. 22 ; In order to defend�ageinst�ihis�lawsuit;you�must,respondng the camptaini by stating 23 ! � your defense in writing. and serve�a copy upon the undersigned attomey for the plaintif��v+iithin 24 twenty(20}days afler seniice of thi's�summons or within sixty(60):days if.tHis�summons was servetl 25 � ; o►itside the State�of Washington,excluding ihe�day of service,or a�detaull judgment may be entcred � 26 � � against you without notice. A deFault,judgment is ane where the plaintiti'is entitled�o�what he asks � BUCKLEY & ASSOCLATES,PS.INC. � ATTOftNEY5 A? t.AW 67S Sou1h Lane•Street. Suite 3Q0 8�!!!lONS — 1 of 2 Seadlc, Washington 48104 (206)6Z2-1104�Fax(206)622-0688 I . , •. � i t . 2 ' for becaiise yoii have not resporided. lf you-serve a notice of appearance on ihe undersigned ; 3 attomey,yau si�e entitted to notice;before a default judgment�triay�bc entered. 4 You may demand�that the plainfiff file this lawsuit with the�coun. If you do;so, the 5 6 demand�must be'in�writing and must be served upon the plaintiff. Within 14 days�after�you serve 7 the�demand;.the,piainiifl'must file�this lawsuit•with the caurl;or ihe�service on you of�this+summons g and�compiaint wiil be.void. � 9 lf you wish to seek the advice of an-attomey in this inattei� you should do "so [0 - promptly so that your written�response, ifany,rnay be served an time. i'1 • This summons is issued pursuani to�Rule 4 oF the Superior Court Civil Rules of the I2 C3 State:of Wa'sHington. 1'4 �jfi� D"ATED�this r `7 day ofr��/tGdi'}� ,20ir� IS 9l1� �� � ASSOCIATES �6 ttarneys for P 'n ' 1�7 18 � BY: . PA�JL B.AP� t9 WSBA#: 2 846 � 2� 21 22 • 23 24 23 ' 26 BUCKLEY & ASSOC[ATES PS [N . , , C KI'fORt�iL'Y5 AT LAW 1 I G75.South Lsne Streel, 5uite 300 bUAQlDN9� — 2 of 2 Seadla, Washingtpn 98104 . (2061G22-1+1� Fax(2Q6)622-0688 1 2 3 a s 6 tN THE SUPERI4R C�URT OF THE STATE 4F WASH[NGTON 7 a IN AND FOR THE COUNTY OF K4NG 9 i0 RUBY L.GA[NCS, NO. �� Pluintiff, COMPLAINT FUR DAMAGES 12 -vS- 13 THE C[TY OF RENTON&OFFICER KEVM P. 14 LAN�, �5 Defendanis. 16 !7 COMES NOW the plaintifl', by and through plainlifTs attomeys, Buckley & �8 Associates,and for cleims against the defendants,alleges as foUows: 19 � 20 The incident complained of her�ein occurred in King County. 21 II. 22 23 This court has jurisdiction and venue over the parties and the subject matier of this 24 action. 25 26 � I11. AUCKLEY & ASSOCIATES,PS,iNC. ATCORN�YS AT LAW 67S 5outh L,ane Slrect, Suite 300 COMPLl1INT E'OR DAldAGEB - 1 of 3 Seattle. Washington 48104 (206)622-1100 Fax(206)622-0688 � On or about January 20, 2U14 at approximately 4:OO:pm, plaintiff Ruby L. Geines 2 was driving he�'vetiicle southbound an 108�'Avenue�5ou�heast in ihe 17800,block. 3 [V. 4 On seid date and time, defendant Ofi'icer Kevin P. Lane was driving a palice car � 5 belanging to the City of Renton�southbound�on 108�'Avenue Sduthe�t in the 17800�blocic; 6 V. 7 . 8 On !08'�Avenue Sautheast,Ms:Gaines stopped�he�vehicEe for tra�ic ahead and q was rear=ended!tiyOfficcr�Kevin�P. Lane. 10 V[. II � � - On said date thc defendant was operating said yehicle,in a careless and negligent 12 manner, �vhich resulted in the defender�ts cofliding with the plaintif�'s vehicte and injuring the . I� � plairitifl: Id ; 15 , VII. 16 On said clatc and time�defendant OfYicer Keyin P. Lane was an agent acting within 1T the scope of his empioyment for the Ciry of Renton Pofice Departmeni. Therefore, ihe City of �8 Renton is vicariausly tiablc far his negligence.� t9 VIiI. 20 ' As a dic�ct and proximate restilt of the carelessness and negligence of ihe 2l defendants, the plaintifl'sustained bodily injuries and pain and sut3'ering, and ofher genera!_ and 22 � Z3 special�d'amages in:an amount to be proven at the�time of tria1. 24 Xf. i 25 The plainGff hereby waives the physician-paticnt privilege to the�extent required by 26 RCW 5:6U:060, as limited 6y ttie plaintif�'s constitutiona) rights of privacy; contractua! rights.of BUCKLN;Y & ASSOCIATES,PS,[NC. � ATTORNEYS AT I.AW 675 Sauth Lanc Strcet, 5uile 300 � COI�IJIINT FDR DAM��C69 — 2 of 3 Seatlle, Wathington 98104 � (206)62Z-1104 Fex(206)622•Ob88 � pri'vacy, and ltie ettiical oliligations oC physicians aiid ariorneys not to engage in ex ciarte contact 2 between a treating physician and the patient's legai adversaries. 3 4 X: S WHERFFORE,the plaintiffprays for the fopowing:setieP: 6 . 1. For judgmenl againsl the�defendants for-genecaU and special d�ririages in�an 7 , � ; amouiit to be proven at the:tiine�of triet; - q ; 2. For all costs�and expenses incurned herein;and i4 3. For such other and fiuther refief as the�Court mey deem just and equitable•in I 1 ttie premises. i l2 �Tyf 13 DATED this � aayof .--�n�rY ,20 �'� � ... 14 . BUCKL ASSOCIATES �S A , , ,eys for P ainti ' 1G• 9Y: : 1 T � �PAUL B. APP � � WSBA#: � 46 16 . ' 19 20 21 22 23 24 25 26 BUCKLEY& ASSOCIATES�PS,INC. A7TORNF:YS AT I,AW 67S South l.anc Streel, Sui1e 300 COt�id►IIdT R'OR DAl9UGB6 — 3 of 3 Seanle, Washiagton 98t04 (206)622-t100 Fax(206)622-0688 � 1 2 . 3 4 5 6 ; 7 IN THE SUPERIOR COURT QF THE STATE OF WASHflVGTON � 8 • M AND FOR THE COUNTY�OF K[NG � 9 10 11 RUBY L.GAINES; NO. 12 - Plaintiff; PLAIPlTIFF'S REQUEST FOR ADM[S81UNS 13� -vs- 14 THE CiTY OF RENTON&OFFtCER KEV(N P.. �5 L•ANE, - Defe�idan�ss, !6 17 TO THE DEF'ENDANTS: THE CITY'OF RENTON�&O��10ER�KEVtN P. LANE; 18 ' i9 Piirsuant to CR 36,.the plaintiff requests:ihe ilefendants to admit or�deny Ihe truth of Z� the•matters•set out,below within thirty(30)days afler the•service of these requests: 21 22 I. Admit that the incident�complained.of herein occurrediin King County: � 23 RESPONSE: 24 25 26 RUCKLEY & ASSOCIATFS,PS,[NC. AI'1'ORNFYS AT LAW PI.kINTIFF�8 REQUEST 675'Sau�h Lena Strcet. Sui�e]00 FOR ADMI88ION8 - 1 of 4 Seaqle, Washington 98104 (206)622-t100 Fax(206)622-0688 � . ( � � 2; Admit that this court has jurisciictian end venue over the pnities and the 3 subject.maiier.of this aclion, 4 RESPONSE: . 5 6 ; 7 � 8 3. � Ad"mit.that:on or about•January 20,2014 at approximatety 4:00 pm,,plaintif�' 9 ; . • Ruby L.Gaines•was driving lier vehicle southbound an 108'�Avenue Southeast in the 17800 block. 10 RESPONSE: II .. . 12 13 14 4. Admit that on said date and time; defendant Of3icer Kevin P. Lane was �5 ' driving�a potice car belonging to.Ihe�City of Renton southbound on 108�' Avenue Southeast in thc l6 �� !7800 block. �g RESPONSEi � • 19 • 20 21 , 6. Admii that on IU8'� Avenue�Soulheast, Ms. Gaines stopped her vehicle for 22 � z3 � tra�c�ahead and was:re�r-ended by Offtcer Kevin P.•Lane: 24 RESPONSE: 25 , 26 BUCKLEY & ASSOClATES,PS,(NC. ATTORNHYS AT I.AW pI.�ZNTzi'F,s REQU86T 675 5outh Lane StrcC1. Suite 300 E'OR ADMI88IOZ18 — 2 •of d Seattle. Washington 98104 (2U6)622-I100 Fax(206)622-0688 � , I , Z � ' 7. A.dcnit that on said date the defendant was operating said vehicle in a 3 careless and neglige�t manner; which nesulted in the defendants colliding with the ptaintif�'s 4 vehicle�and injuring the��laintiff. 5 � : RESPONSE: 7 S � . � 9 8. A.dmit d�at att said dAtc and time, defendant OfTicer Keyin P. [.ane was•an �o agent acting wilhin the scope of his employment for the City of Renton Palice Department: _ t I The�foce,ttie City o!'Rc:riton is vicariously liabte for his negligence. �Z RESPONSEi 13 14 9: Admit that as a direct and proximaie result oF �he carelessness and 15 negtigence of the defendant, the plaintiff sustained bodily injuries and pain and suffering,and ather t6 �� getieral and special•dam��ges iri ari artiount�to be praven et tfic time of triel. �g RESi'ONSEi � • 19 20 �f- 21 DATED this � day af �a���`S� ,2p�� . � 22 BUC ASSOCIA� �ES orneys�for ai. ' 23 24 B _ 25 PAUL B.AP��� WSBA tl: 2f' 46 26 AUCKLEY & A5SOClATF.S,PS,INC. AITORN{iYS Al'I.AW I�I.i1INTIFS'8 RE4UEST 675 South Lanc Street, Suite]00 S�oR ADhII83ION9 - 3 ��f 4 Scaale, Washingtan 98t04 (20b}62Z-1100 Fax(2061622-0688 � a 3 CERTIFICATION 4 5 I Iteieby tindec tfie penalry of perjury under the laws of the State of Wastiington t}iat the � foregoing�Request for Admissions is true and correct. ,6.. . � � � i D'ATED Ihis day of 20 gl • 9 � �� Defendani 11 � 12 TFic andetsigtied attorney states that ttie sariie has answered the foregoing I] . Requests�for Admissions;�and�they eomply with CR 36: 14 ; . !S ' DATED this day of ;20 16 , 17 � , Attomey for Defendent t8 � WSBA# 19 20 ^ 21 22 23 I 24 II 25 � 26 HUCKLEY & ASSOCIATES,�PS,iiYC. ATTORNFYS AT I.AW P��I�,8 ��BT 673 5outh �Lans Slreet, Suite 3U0 &'OR ADMI88ION8 — 4 of 4 5eattic. Washington 9Bt04 (20b)622-I100 Fax(206)622-0688 i 2 3 4 S 6 7 lN THE SUPER]OR COURT OF THE STATC 4F WAS!-IINGTON $ • Rr1 AND FOR THE COUNTY OC KING � 10 RUBY L. GAMES, NO. II Plaintiff, PLAINTIFF''S REQUEST FOR �Z PRODUGTtON OF DOCUMENT5 �� -vs- RE: LIABILITY INSURANC�: POLICY 14 THE CITY OF RENTON&OFFICER KEViN P. LAN E, 15 Defcndanls. i6 17 TO THE DEFENDANTS: TNE CITY OF RENTON & OFFtCER KEV1N P.LANE, !B . 19 In accordunce with Civil Rule 34,you wilt produce, tor inspection and cvpying, the 20 requested documents at the Law Of�ices of Buckley & Associutes, 675 Sauth Lane Slreel, Suite 21 ' 304, Seattle, Wasliingto�i 98104, within thirty (30) duys of sen�ice of'this reyuest Cor praduction of 22 documents upon you or your attorney. This request for production of documents is continuin�, and 23 24 you are requestcd to produce any additional documents and things as may bc required at the time 25 such documents and things are discovered. 26 BUCKLEY & ASSOC[ATF.S,PS,iNC. ,4ITORNEYS AT 1.AW QLAINTIFE"8 REQtJE3T SOR 67S Souih Lane Street, Sui1e 300 PRODUCTION OF DOC9JMENTB — 1 of 2 Seattle. Washington 9BIUd (2061622-1100 Fax(206)622-0688 t 2 3 Request No. l: Producc a complete copy of each and every policy of insurance 4 issued to defendant, which policy provides or might provide liability covecage, indemnificetian, or 5 6 reimbursement to defendant for alleged losses sustained in the incident at issue in this lawsuit. 7 RESPONSE: 8 9 10 It i z �y - / DATED this � day of �/Q���� ,20�S t3 / t4 BU ASSOClAT6S ' ttorneys for la' IS • 16 E3Y: � . " PA�L 8.A��'� �� WSBA#: 1846 18 RESPONSES AND 4BJECTIONS SUBMiTTED this day of 19 ,20�. 20 The undersigned attomey states that he has read the Foregoing answers and 21 responses to these discovery requests,and they cemply with CR 26(g). 22 BY: ATTORNEY FOR DEFENDANT z3 � WSBA : 2A 25 26 guc�ci,�v & assoctATFs,�s,rnc. AiTORN�Y5 AT I.AW PI,AINTIEE•8 RB0t1E3T FDR 675 South Lane Strcet, Suite 300 PR�DLfCTION O� DOCU1�7tiT8 - 2 of 2 5eattle. Wasbtngton 98104 (206)622-(100 Fax(206)b22-0688 ' 2 3 4 � S . i 6 I � IN THE SUPERiOR COURT OF THE STATE OF WASFIINGTON e (N AND FOR?'HE COUNTY OF KING 9 I io RUBY L. GATNES, NO. � �� Plaintiffs, PLAINTIFF'S FIRST SET OF 1NTERROGATURlES& REQUEST � i2 -vs- FOR PRODUCTION TO DEFENDANTS 13 THE C1TY OF RENTON&OFFICER KEVIN P. 14 LANE, ' �S Dei'endants. 16 �� TO THE DEFENDANTS: THE CITY OF RENTON &OFFICER KEVIIV P.-LANE �g In accordance with Civil Rule 34, you �vill please nnswer the followin� 19 interrogatories separately and fully, under oa�h, within thirty{30} days of the date of senrice of zo these interrogatories upon yau, using separate stieels of psper'if necessary. �� The original and one copy of your answers, signed by you and your atiomey, 22 should be scrved upon the undersigned ettorney. Please serve copies on alt counsel Appearin� 33 herein. ?4 These interrogataries are meant to include not onty your personat knawtedge, biat 25 �6 also any other infom►ation within your custody, possession or control, inciuding but not limi�ed PLAlNTIF.F'S FIRST SET OF BUCKLEY& ASSOCIATES, PS,INC. INTERROGATORIES&IiEQU�ST A'ITORNi:YS n1'�LAW FUR PRODUCI'ION TO 1)EFENDANTS-I 675`.1 mic�trccr,tiuit�100 kynlc,�C'a;hintitun 981W (�G)6��_I 100 I�ax(20G)�?�-OG88 • � � to information and dacuments in the possession or under the control of your attomeys; agents or , z investigetors. Where the facts set forih in the answe�s or partion of t6e answers are based upon 3 informatiun and belief, rather than persona! knowledge, then you should so state speciftcaily 4 describin�;or identifyinb source or saurces of ihe information and belief. s T TERRUGATORIES ARE TO BE TREATED AS CONTINU[NG. HESE IN 6 IF ADDITIONAL INFURMATIUN IS D[SCOVERED BETWEEN THE TIME O� 7 MAKING THESE ANSWERS AND THE TIME UF TRIAL, THESE 8 INTERROGATORIES ARE DIRECTED TO THAT INFORMATION. IF SUCN 9 io lNFORMATION IS NOT FURNISHED,THE PI.AINTIFF WILL MOVE, AT THE TIME ' �� OF TRIAL, TO EXC'LUDE FROM EVIDENCE ANY INFORMAT(ON REQUESTED 12 BUT NOT PROVIDEI). �3 DEFINITIONS 14 Words in BOI.DFACE CAPITALS in lhese interrogatories are defined as follows: �S l. INCIDENT includes the circumstances end events surrounding the alleged 16 accident,injury,ar other oceurrence giving rise to this lawsuit. 17 2. PERSON includes a nstural person, firrn, association, organizations, iB partnecship,business,tnist, limited liability company,corporation,or public entity. 14 3. HEALTHCARE PROVIDER means a person who is licensed, certified, zo �� registered, or acherwise authorized by ihe law to provide health care in the ordinary course of ?Z business practice of s prufessian. ,3 4. tDENTiFY or LOCATE mesns when asked to "[DENTIFY"ar"LOCATE" 2d documents, you are reQiiested to state the nature of each documenE (e.g., item of correspondence� � re rt contract statement etc. in detai! sufficient to eneble it to be roduced on motion or _S , , I p� , ) . P ?6 r�equest�the specific loct►tion of the dacumcnt(e:g., building name,address and room number},the pt.�►INr1FF'S FIRST SET OF DUCKLEY& ASSOCIATES,PS,INC. INTERROGATORI�S&REQUEST ATT�RNEYS AT LAW FOR PRODUCTION TO DEFEIYDANTS-2 675 S.I�n�5ucer,Suac 300 tiroalc,\L'ashin�,Kon 98i41 • (20G)G21-1 t001�ax(3tK,)G;�-0688 . _. . i� � . � ; ; � name and address of ihe individua!having possession and control thereoF,and where the same may 2 be made availabte for inspec�ion and copying upon motion or request. 3 5. IDENTtFY means when are asked to "IDENTI�'Y" persons you ate 4 requested to give the following specific infocmation: name, address, telephone number and 5 present whereabouts; employer,job titte;business addre�.s and telephone number. 6 6. DUCUMENTS as used in these interrogatories,the term "DOCUMENTS" is 7 intended to inciude, �vithout limitation� all ofiicial and persanal communications, r�eports, B memoranda, notes, mintites, diaries, transcripls, working papers, telegrams, letters. papers, charts, 9 �o drewings, graphs, photagraphs, pubiications, accounting materiuls, communications; statements �� and all otl�er writlen printed,typed or filmed m�terials. 12 7. YOL� ar YOUR refers to all entities and/or natural persons in their individual �3 and representative capa4ities to whom these interragatories are direc�ed. Your answers to these �4 interrogatories shalt be deemed to be made by and on behalf of all such ernities and natulal �S persons, in their individi�a!and respective capacities,unless a particuiar answer clearly states that it t6 15 made b or on behalf uf onl ceelain identified y y person or entities. 17 8. RELATED TO or REFERS TO means pertains, supports, evidences, 18 describes, mentioned relers, contradicts comprises,or othcrwise relates in any forrn or munner. 19 Please bc: edvised that the Interrogatories and Request for Froduction herein opply zo to aU information and items within the knowledge or controf of defendant, defendant's attomeys, 2t �Z investigators,agents,employecs,representative or persons acting on defendant's behalf. z3 If you believe•an interrogatory has.been previously fully enswered in a deposition, �q you may reply by stating the deposition,its pase and line numbers. ?s REQUEST FOR�PRODUCTION ?6 ' PLAINTIF�'S FIRST SET OF BUCKLEY & ASSOCiATES, P5,INC. INTERRQGATORIES&REQUEST ATTORNEYS A'f I.AW FOR PRODUGTION TD nEFENDANT5-3 675�,larn Strcct,5ui�r 300 ti�yrric,Wa•6i+�Kccm 98104 (2f}6)622-1100 l�ax(206)G22-0688 1 THIS IS ALSO A REQUEST FOR PRODUCTION, PURSUANT TO CIV1L Z RULE 34, of ail photographs, statements, medicat reporis, investigative reports, drawings, 3 sketches, or other documents mentioned in the answers to inierrogatories. lt is requested that you 4 produce these items for inspectian and copying at ihe o(�ices of BUCKLEY&ASSOC(ATES,675 s South T.ane Street, Suite 300, Seattle, Washington 98104 within thirty(30)days efter this Reques� 6 far Production is served on you. This request may be saiisfied�by providing copies of those items 7 to thc undcrsigned prior to that date. 8 9 DATED this � day af�a�G��� .20�� lo � j �i BUCKLEY�&ASSOCIATES 12 Attorneys for Plaintiff II 13 li 14 • . I 5 B Y: `J � ,�! . 16 PAUL B. AP�LE WSBA #: 21846 �� i6 t9 20 3! ?2 23 �q 35 . 26 PLAINTIF'F'S•�IRST SET OF BUCKLEY& ASSOCIATES, PS,INC. lNTER1SOCATORIES&REQUEST ATTORNEYS AT LAW FOR PRODUCTION TO IfEFENDANTS-4 b75 S.1�nc Strctit,tiuiir�00 Scattlr,Wa+hin�tnn �8104 {206)622-I IDO I�ax(206}622•OG88 � BACKGROUND-GENERAL 2 1NTERROGATORY 1Y4. 1: State your ful) nsme and any other names you have bcen known 3 by snd your present address and all other addresses st which you have resided for the past ten 4 years_ 5 ANSWER: 6 7 8 . 9 l0 �� INTERROGATORY 1Y0. 2: Please state your educetionai histo.ry beginning with high school, �y inctuding the name of cach institudon attended, any deg,rees and honors received, aszd dates of 13 attendance. t4 ANSWER: �5 16 17 IS 19 INTERRCfGATORY NO. 3: Please state your employment history beginning ten years before 20' � the date of the INCIDENT through to the present, including the neme and address af each 2t" z2 emplayer and.the dates af empioyment. 23 ANSWER: ' '2a zs 26' Pt,A1tYTiP'F'S�'IRST SET OF BUCKLEY& ASSOCIATES, PS,INC. lNTERROCATORIES&ItEQUES7' ATTORNEYS AT LA W �'OR PRODUGTION TO UEFENDANT-5 675 S.t.ane S�rcct,Suitr 300 5cattle,Wwfimgtoa 461W (20�672-i 100 l�ax(20G)622-OG88 � INTERROGATORY tJO.4: IDENTIFY sll felonies and rnisdemeanors invotving dishanesty or 2 false stetements that you have been convicted of or plead guilty to. 3 ANSWER: 4 S 6 7 ..8. . . . REQUEST FOR PRODUCT'!ON NO. 1: Please produce any and a1l cfocumeais mentioned or 9 �� idenlified in your answer to the immedistely preceding interrogatory. �� RESPONSE: t2 l3 14 {5 16 I? INTERRUGATORY VO. 5: IDENTIFY afl lawsuits, including bankruptcy and/or divorce 18 proceedings, that you have been a party to in the last ten yeers. !9 ANSWER: zo 21 zz 23 . ..24. - - • • - � - -�- • 25 ?6 P4AlNTIFF'S FlRST SET OF BUCKLEY&ASSOCIATES,PS, INC. tNTERROGATORIES& 12EQUEST ATfORNEYS AT LAW fOR PRODUCTIONTO t)EFENDAPIT-6 G755.I�neScn�ei,su;re300 � Scatde;WashinRtcm 96IW (20(i)6?2-1100 I�u(20G}622-0G88 1 REQUEST FOR PRODUCTiON NO. 2: Please produce any and ali documents mentioned or 2 identif ed in your answer to the immediately preceding interrogatory. 3 RESPONSE: 4 5 6 7 _ 8 . . � BACKGRUUND-INCIDENT 9 - �a INTERIt4GATORY �Ip. 6: Pleasc state your driver's license number, the date and state oF i� issuance. �Z ANSWER: {3 14 I IS 16 l7 l8 iNTERROCATORY NO. 7: Were you perfomiing activities,work or scrvices for any PERSON 19 at the time of the [NC[DENT, if so,provide the name,address�and phone number for each such 28 PER30N. 21 ZZ ANSWCl2: 23 . ,24. . . . 2S 26 . PLAINTIFF'S FIRST SBT OF BUCKLEY&ASSOCIATES,PS, INC. INTERROGATORIES k REQUEST ATt'ORNEYS AT LAW FUR PRODUGTION TO UEPENDANT•1 675 5.Lanc Su��c�,Sui�c aoo Sesttk,17V1�hington 98104 (206)6?Z-1100 F�uc(ZQ6}622-OG88 � INTERROGATORY NO. 8: Was the velucte you were driving at the time af the INCIDENT 2 owned by you, if not, state: the owrier's name, address and tetephone number; and whether you 3� were•authorized to use the vehicie and any restrictions on such authorizatian. 4� ANSWER: S 6 7 - —8. . � 9 � �o INTERROGATORY NO.9: Dici you during ihe 24 hours prior to the INCIDENT consume any �� alcohoiic beverage,any drug, or any medicatian of any kind? �2 ANSWER: l3 �a �s 16 [NCIDENT 17 1NTERROGATORY NO. 10: Describe the INCIDENT,including a description oE'the location of 18 the 1NCIDENT, wherc your trip began and your intended destinetion� the�circumstances leading 19 up ta the INC[DENT, and any facts or circumstances you believe cantributed to or ceused the zo INCIDENT. �� Z2 ANSWER: 23 . .2�� . , 25 Z6 � FLAIlVTIFF'S FIRST SET OR HUCKLEY&ASSUCIATES,PS,INC. INTERROGATORIES&[tEQUEST AlTORNEYS AT I.AW FUR PRODUCTION TO DEFENDANT•8 G75&lane Stres�,Suitc 300 5eatdc,Waehingux+ 98104 (206)6?Z-1100 traR(206)622-OG88 � INTERRUGATORY �IO. 1 t: Describe all weather conditions, road conditions, lighting or 2 visibility problems� or any other physicat characteristic of the INCIDENT scerte ar the 3 conditions that existed at the time of the INCIDENT that contributed to or caused the 4 . INCIDENT. s� ANSWER: 6 7' - _ 8 . . 9 �� INVEST1GATiON/WITlYESSES �� INTERROGATORY NO. 12: IDENTIFY all law enforcement personnel, insurance �Z companies; ar any other PERSON that investigeted ihe INCIDENT. l3 AIYSWER: t4 IS 16 !? t8 INTERROGATORY NO. 13: IDENTIFY al! eyewitnesses to the INCIDENT, and i9 (NDMDUALS who have first-hand knowIedge regarding the facts and circumstances of the 20 INCIDENT and provide a brief description of the person's relevant knawledge. 2t � ANSWER: 23 .. . .24. .. I u 26 PLAINTIFF'S FIRST SET OF BUCKLEY & ASSUCIATES,P5,YNC. ' iNTERROGATORIE5&REQUEST A'ITORNEYS AT LAW FOR PRODtlCTiON TO DEFENDANT-9 67S ti.Iinc 5tceet,5uitc300 �a�rk,wa.�h�n�s«� 9sia t2o�>bu-�ioo ru�xob�au•a68a � INTERROGATORY NU. 14: IDENT[FY ali persons who have knowtedge regerding the 2 plaintiff's injuries and damages and provide a brief desc�iption of each person's relevant 3 knowtedge. 4 ANSWER: 5 6 7 _g _ . . 9 ta INTERROGATORY 1Y0. I5: IDENTIFY al! written and/or recorded statements made by �� any witnesses or pariies herein. 12 ANSWER: 13 l4 15 !b 17 REQUFST FOR PRODUCT[Ol�i NO. 3: Please produce any and alt documents mentioned or �s identified in your answer to the immediately preceding interrogatory. 19 RESPONSE: . 20 �� zz 23 . . ...�4. . . . 25. 26 PLAJNTIFF'S FIitST SET UF BUCKLEY& ASSOCIATES, PS,INC. li�r7'ERROGATORIE3�C REQUE5T A7TORNEYS AT LAW FOR PItODUGT[OlV TO t)EltENDA�IT-10 675 S.I�nc Scrccc,Su;cc 300 Sanle,Wztlu�on 98t04 (206)G22-t tQ0 l�ax{206)622-0688 � INTERROGATORY NO. 16; IDENTIFY any and all photographs, motion pictures, Z videotapes,slides,drawings,diegrsms,rneps, or other grephic or electronic representations depicting 3 the 1NCIDENT scene,lhe vehicles,any property damage,the plaintifl;andlor pinintifFs injuries. 4 ANSWER: s 6 7 _...5 . . 9 10 �� REQUE5T FOR PRODUGTION NO. 4: Ptease produce an}+ and ail dvcuments mentioncd or �Z identifed in yaur answcr to the immedietely preceding interrogatory. 13 RESPONSE: 14 15 16 17 18 COMPLAINT& ANSWER i9 INTERRUGATORY NO. I7: If you allege insuf�ciency of process or of scrvice of process, zo please state the facts upon which yoa base ydur allegations. 2l 22 ANSWER: 23 . ...24. . . . . , 25 • Z6 PLAINTI�E'S�F[RST SET OF BUCKLEY& ASSUCIATES,PS, INC. IfYTERROGATORIES&REQUEST A'tTORNGYS AT LAW fOR PRODUCTIONI TO 11EFENDANT-1 f a75 S.I�nc 5trec�,Suirc 3ob Scantr,W�.chie�too 98104 {206)622-I IOO l�mi(20G)622-0686 1 INTERROGATORY NU, 18: If yaur answcr to plaintiff's comptaint set farth any af�irmative Z defenses,please state the facts upon which each affirmative defense is based. � � ANSWER: 4 5 6 7 •-g- ' R �o INTERROGATORY N0. 19: If you deny liability,pleasc state the facis supporting thut denial. �� ANSWER: 12 13 14 IS t6 INTERROGATORY NO.20: if you sllege some other PERSON or the plaintiff caused ar IT contributed to causing the INCIDENT�and is therefore liable for its pmportionate share of fauU �s under RCW 4.22:070,please state ihe name�address,and tetephone number of each such PERSON l9 ' snd state tile facts upon which you base your allegation that such PERSON or the plaintiff caused ao or cantributed to causing the INCIDENT. 21 22 ANSWER: 23 . . .24. , . . . . . 25. 2b PLAINTtFF'S FIRST SET OF BUCKLEY& ASSOCIATES, PS� INC. iNTERROGATORlES&ItEQ[JEST A'[TORNEYS AT LAW FOR PRODUC7'tON TO!)E�ENDANT-1 Z 67S S.l�nc Stmt,Suite 300 Sc�tde�WaahinRmn 9B161 .(204}4?2-1100('s�(20Gy 622-06H8 � INSURANCE � INTERROGATURY NO. 21: IDENT[FY all liability insurance and indemnification policies 3 which names any of the fottowing as an irisured: you, your spousc, any femity member residing 4 with you, arid any business you sre an owner or ca-owner of; and all other liability insurance s policies wfiich may or arguabiy may cover the incident alleged in plaintifPs.compla�nt against you. 6 ANSWER: 7 . 8 . . 9 10 II 12 13 REQUEST �OR PRODUCTION NO. 5: Please produce any and alt inscirance and 14 indemnification policies;including alt declsration pages of said policies, identified in your answer �S to the immedistely preccx�ing interrogetory. 16 RESPONSE: t7 IS l9 20 21 Z2 INTERROGATURY NO. 22: IDENTiFY sfl inswers or indemnilors identified in your responsc � to the pceceding interrogatory t}�t have denied in whole or in part coverage or indemnificadon for •• ••24• -aay af ptaintiff's claims, or accepted defense of this action upon a reservation of rights. - 25 ANSWER: z6 PLAINTIFF'5 FIRST SET OF BUCKLEY & ASSOCIATES,PS,INC. tNTEltROCATOii1ES&ItEQUEST ATTORNEY5 ATLAW FOR PRODUCTION TO nEFENtDANT-13 675 S.l�ne St�t,Suirc 300 Suttic,Wi�hingaat 981P4 (206)622•11001'u(206)522-0688 1 2 3 4 EXPERT WITNESSES 5 INTERROGATORY NO. 23: Pursuant to Civii Rules, iDENTIFY each person you or your 6 attorneys expect to testify ai trial as an expert witness. 7 ANSWER: . _6 . . 9 I 10 I I1 IZ 13 14 DOCUMENTARY EVIDEIYCE �s tNTERROGATORY NO. Z4. IDENTIFY, locate, and produce all documents which you 16• intend to of�'er es evedence at the trial of the above-capiioned matter and all documcnts which 17 you cleim to be r�levent and materia) to your defense to this�lawsuit. t8 ANSWER: � - 19 20 21 22 23 .. .-24 -.._ ... ............ . . ._..... .., . . . ... . ... . . .. , . . . _ . . 25 REQUEST FOR PRODUCTION NO. 6: Please produce any and all dacuments mentioned or 26 identified in yotu answer to the�immediately pr+eceding intemogatory. PLAINTiFF'S FiRST SET OF' BUCKLEY&ASSUCIATES,PS, INC. INTERROGATORIFS&ItEQUEST ATTORNEYS AT LAW FOR PROOUCT[ON TO UEFENDAfYT-14 615 ti.Isru 5aecc,sonc 300 5ca�dc.Wa�hington 48104 (20G)422-1100 hu(Z06)622-0688 � x�sporrsE: 2 3 4 ANSWERS ta the foregoing lnterrogetories and Requests for Pradaction of Document� s submitted this day of , 20_ The undcrsigned attorney statcs that the 6 same has read the foregoing answers actd responses to these interrogetaries and discovery � requests,and they comply with CR 26(g). .__.s . .. 9 lo HY: Attorney for Defendant tt 12 STATE OF WASHINGTON ) :ss. 13� County of } 14 ' being 6rst duly sworn upon oath deposes and says: IS I am the defendartt in the above-entitled action. t have re�d the within and foregoing 16 �� Plaintif�'s First Interragatories and Request for Production to Defendant and enswers and �g responses thereto,know the conients thereof and believe the same to be true and correct. t9 za Defendant 21 SUBSCRIBED 8c SW�RN to before me this_day of 20 22 23 ...._2�. _... ... ..... .... . ...... ._ Notary Public in and.for fhe.State of . Washington, residing at 2S My commission ezpii�es . 26 PLAINTIFF'S FIItST SE'f UF BUCKLEY&ASSOCtATES,PS,INC. INTERROGATORiES&REQUEST ATTORNEYS AT LAW FOR PItODUCTiOIY TO IIEFENDANT-IS 675 5.I�nc Scrcct,Suitc 300 Scattic,Washingr� 98104 (?D6)SZ2•i 1001'�(206)622-068g � CITY OF RENTON COUNCIL AGENDA BILL i C� b. Subject/Title: Meeting: Ordinance Amending RMC 1-3-2.P.4 REGULAR COUNCIL - 26 Jan 2015 Exhibits: Submitting Data: Dept/Div/Board: Ordinance City Attorney Staff Contact: Garmon Newsom II, x6487 !� Recommended Action: Refer to Public Safety Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ � City Share Total Project: $ SUMMARY OF ACTION: This ordinance is necessary to amend RMC 1-3-2.P.4, to correct a scrivener's error of the word "conviction" to make it "violation", which is consistent with the rest of the subsection. STAFF RECOMMENDATION: Adopt the ordinance amending RMC 1-3-2.P.4. , � � ' CITY OF RENTON, WASHINGTON ORDINANCE N0. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-2 OF CHAPTER 3, REMEDIES AND PENALTIES. OF TITIE I (ADMINISTRATION) OF THE RENTON MUNICIPAL CODE, CLARIFYING THE LANGUAGE IN SUBSECTION 1-3-2.P FOR CONSISTENCY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 1-3-2.P.4 of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is hereby amended as follows: 4. After three (3) prior violations, whether they occurred at the same � time or in succession, the fourth violation shall constitute a gross misdemeanor. The Administrator and/or CCI has the authority to submit the violations to the prosecutor for criminal prosecution as provided in RMC 1-3-3.D. a. The criminal offense shall be for failin to eliminate a violation g after a Finding of Violation or after a confirmation or modification of a Finding of Violation. b. The prosecutor's burden is to prove beyond a reasonable doubt as to any Violator cited that in the City of Renton: i. The Violator has had three (3) prior violations under this Section of the Code; and ii. The prior �+E�ie+�s-violations were within the last ten (10) years.Time served in jail is not excluded from the ten (10)year period. 1 � . ^ � ORDINANCE NO. c. If a Violator/Defendant is found guilty beyond a reasonable doubt, the Violator/Defendant shall serve no less than five (5) days in jail for the first conviction, no less than ten (10) days for the second conviction, and no less than thirty(30) days for any subsequent conviction. d. A Violator/Defendant shall not be eligible for Electronic Home Detention or any other alternative to jail time. e. A Violator/Defendant shall remain responsible for the RMC civil code violation penalties and/or any costs, not including the cost of prosecution. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) calendar days after publication. PASSED BY THE CITY COUNCIL this day of , 2015. lason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J.Warren, City Attorney Date of Publication: ORD:1859:12/18/14:scr 2 �' CITY OF RENTON COUNCIL AGENDA BILL � -L . Subject/Title: Meeting: � South King County Training Consortium Associate REGULAR COUNCIL- 26 Jan 2015 Agency Agreement Exhibits: Submitting Data: Dept/Div/Board: Interlocal Agreement Fire & Emergency Services Associate Agency Financial Contribution Staff Contact: Resolution Deputy Chief Erik Wallgren Recommended Action: � Council Concur Fiscal Impact: Expenditure Required: $ 48,240.00 Transfer Amendment: $ NA Amount Budgeted: $ 48,240.00 Revenue Generated: $ NA Total Project Budget: $ 48,240.00 City Share Total Project: $ 48,240.00 SUMMARY OF ACTION: Request approval for City of Renton (Associate Agency) Fire & Emergency Se►vices Department to enter into the South King County Training Consortium (SKCTC) comprised of numerous municipal corporations who cooperatively provide joint training services for fire protection and emergency medical providers in South King County. The quality of training will increase through specialization by the training staff and create the ability to deliver a common curriculum amongst the wide group of inembers. The Administration Board is composed of the Fire Chief of each partner agency who has an equal vote on matters that come before the board. The fiscal contribution for RF&ES is based on a cost per member with credit given for the use of the Station 14 Training Center and staff. RF&ES desires to participate in the SKCTC for one year effective January 1, 2015 through December 31, 2015. STAFF RECOMMENDATION: Approve the South King County Training Consortium Agreement � ' South King County Fire Training Consordum (Interlocal Agreement) Associate Agency Agreement � Tbis agreement is made and entered into by the Kent Fire Department Regional Fire Authority, "Kent RFA"and the City of Renton referred to as"Associate Agency". RECTTALS 1. This agreement is entered into in conformi#y with chapter 39.34 RCW, the Interlocal • Cooperation Act. . 2. The South King County Fire Training Consortium "SKCFTC" consists of numerous municipal corporations that aze cooperatively providing training services for fire protectian and emergency medical providers in Sauth King County. 3. The SKCFTC Interlocal Agreement authorizes the Kent RFA to enter into Associate Ageacy interlocal agreernents to allow other agencies to participate in the SKCFTC for one yeaz trial participation periods. � 4. The Associate Agency desires to participate in the SKCFTC on a trial basis consistent with the . terms of this InterIoca�Agreement. . ' AGREEMENT NOW, THER.EFORE, in consideration of the mntual pramises and benefits contained herein,it is agreed. between the Agencies as follows: • 1. Purpose and Scope of Agreement. The purpose and scope of this Agreement is to establish the terms of the Associate Agency's participation in the SKCFTC. Participation in the SKCFTC shall allow the Associate Agency ta participate in and benefit from the joint tra�ining activities provided by the SKCFTC. 2. Governing Structure of Training Consortium 2.1. Administrative Board. � � (a) The Administrative Boazd shall be composed of the.Fire Chief of each Agency and Associate Agency to this Agreement. The Administrative Board shall be respansible � - for. (i) Overseeing administration of the fiscal arrangements as set forth in this Agreement("Fiscal Agent"); . (ii) Directing, guiding and overseeing the actions of the Operations Board. (iii) Implementing the recommendations of the Training Chie� and � (iv} Communicating with the governing bodies of tl�e Agencies to this Agreement. Training Consortium P►ssocia#e Agency Agreement Page 1 � • (b) The Administra#ive Board shall meet a minimum of talice per yeaz. Each Agency and Associate Agency Chief shall have an equal vote on matters that come before the �, Admi.nistrative Boazd. Any deeisions of the Administrative Board"that invoive the expenditure or obligafion of an Agency ar Associate Agency's funds shall constitute a recommendatian to the governing bodies of the Agencies and Associate Agencies„and shall not be effective until the governing bodies of each Agency or Associate Agency have approved such recommendadon. 2.2. Operations Advisory Team"OAT" (a) The OAT shall be composed of the Consortium's Trainirig Chief and the operations chiefs from each Agency and Associate Agency to this Agreement. The OAT shall be respons�ble for: (i) Consulting and communicating with the Training Chief on matters invoIving Agency Qperations. (ii) Work with the Trainuig Chief to establish consistency in operations between the Agencies. � (iii) Work with the Training Cluef to insure the training curriculum is consistent with Agency operadons. 2.3. Trafning Consortium Chief. (a) The Training Consortium Chief "Training Chief' shall be the Kent RFA Training Division Chief. The Training Chief shall be responsible for: (i) Recommending annual goals and objectives to the Administrative Board; , (ii) Developing common operating guidelines for all Agencies; (ui) Developing common training programs, processes, and instructional materials for all Agencies (iv) Developing common training calendars for all Agencies; � {v) Performing such other tasks as directed by the Administrative Board. " (vi} Developing an annual Budget for the Training Consorti�un. (vii� Managing the Training Consortium on a day-to-day basis. 2.4. Firefighter Training Advisory Team"FI'AT" - (a) The FTAT shall be composed of firefighters and medics participating in the h�aining � consortium as appointed by the Training Chief in a manner that insures each Agency � and Associate Agency is represented on the committee with representatives . proportional to the number of the Agency's employees receiving training from the Consortium. The FTAT shail be responsible for. Training Consortium Associate Agency Ageement Page 2 (i) Providing feedback and input to the Training Chief regarding the conteat of ti�e training provided. " ' {ii) Coordinate communications between the Training Chief and the emgloyees receiving training from the Consortium 3. Joint Decision Maldng 3.1. This Agreement does not alter the current command structure and organizational responsibilities of any Agency or Associate Agency. However, this Agreement will allow for joint decision-maldng by the Administrative Boazd to modify command structures and organization respansbilities relating to training witlain the Consortium. � � 3.2. 7oint decision-making shall be exercised through the Administrative Board and shall apply only to those areas specifically identified by this Agreement. 'I'�e Administrative Boazd shall make joint decisions using the following procedure. ]oint decisions shali only be made at a meeting of the Administrative Board attended by aIl Agency and Associate Agency . representatives. 3oint decisions shall be made by a simple majority vote. A Chief unable to attend a meeting may vote by proxy by either sending a designated representative or by notifying the Administrative Boazd of the Chiefls vote via email or fax priar to the meeting or by providing a written proxy to another Chief attending the meeting. 4. Term of Agreement 4.1. This agreement shall be effective on January 1, 2015 and shall continue until December 31, 2015. 5. Fiscal Arrangements : 5.1. The Kent RFA manages the finances of the SKCFTC as part of the Kent RFA's annual• budget. . - 5.2. The financial responsibility of the Associate Agency has been determined pursuant to the � formula and methodology established by the SKCFTC in the SKCFTC Interlocal Agreement and shall be as set forth in the attached Eachiblt A. � 5.3. In the event Associate Agency is making a cash payment, the full value of such cash payment shall be made to the Kent RFA on or before February 1�. 6. Resources: The Associate Agency shall not have any interest in SKCFTC Agency or SKCFTC j oint resources. � '�^- � . - 7. Personnel. Associate Agency shall allow its employees and volunteers "Training Personnet" to perform the fimctions as assigned 'by the Training Chief exercising authority under this Agreemen� 7.1. The Training Chief shall have the authority to determine the working location and conditions for Training Personnel when assigned to the Training Division. Associate , Agency may be asked to fili positions or roles nat currentIy stafFed within the Associate Agency. . � , Training Consortium Associate Agency Agreement Page 3 . 7.2. Associate Agency shall remain as the errigloyer of its own Trai.ning Personnel and sball be responsble for establishing and paying Traiaing Penonnel compensation and benefits. � 7.3. The responsibility for hiiing, evaluating, firing, and discipIining Traini�g Personnel shall remain with the Associate Agency. 7.4. Training Personnel filling shared funcrianal positions wiil be provided an explanation of roles, responsibilities, duties and expectations of the shazed position prepared by the Training Chief. . ' 7.5. To the exfent this Agreement�would result in any personnel changes that affect the wages, benefits or worldng conditions of any represented employees, the Training Chief sha11 assist - the governing body of the Associate Agency and.the affected bargain.ing units to address such impacts prior to the implementation of the change. 8. Insurance 8.1. Associate Agency shall provide and maintain-suitable commercial general liability and auto Iiability insurance policies ta pratect it from casualty losses by reason of the activities contemplated by this Agreemen� The limits of liability for each coverage shall be at least . �S,OU0,000 each occurrence. Associate Agency shall provide the Kent RFA with a Certificate of Liability Insurance or Evidence of Coverage, provided that if Associate Agency is self-insured,it will provide a letter of self-insurance as evidence of coverage. 9. Indemnification • 9.1. The Associate Agency shall be responsible for the wrongful or negligent actions of its employees while participating in this Agreement as its respective liability shall appear under the laws of the State of Washington and/or Federal Law and this Agreement is noE intended to diminish or expand such liability. Associaie Agency si�all execute all necessary facility use agreements, liability waivers, or other releases required by third party owners/operators � for the use of any training facilities by the SKCFTC and the Associate Agency's employees. 9.2. To that end, Associate Agency promises to indemnify, defend and hold harniless the Kent RFA, the SKCFTC, and all the other Agencies participating in the SKCFTC from any loss, claim, or Iiability arising from or out of the negligent tortious actions or inactions of its employees, officers and officials. Such liability shall be apportioned amoag the Associate . Agency, the Kent RFA, the SKCFTC, and the SKCFTC Agencies or other at fault persons � or entities in accordance with the laws of the State of Washington. Each agency shall be solely responsible for its own attomey fees and any litigation related costs. 9.3. Nothing herein shall be intetpreted to: {a) Wa�ve any defense arising out of RCW Tide 51, provided; however, Associate Agency agrees that its obligations under this provision extend to any claim demand, . and/ar cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Associate Agency's immunity under Washington's Industrial Insurance Act, RCW Tit�e 51, as respects ta the Kent RFA, the SKCFTC, and the SKCFTC Agencies only, Training Consortium Associate Agency Agreement Page 4 and only to the extent necessary to provide Kent RFA, the SKCFTC, and the SKCFTC Agencies with a full and complete indemnity of claims made by the Associate Agency's employees. The Associate Agency acknowledges that these provisions were ' specifically negotiated and agreed upon by them. . 10. Dispute Resolutian. ' 10.1. Prior to any other action, Associate Agency shall meet with the SKCF'TC Administrative Board and attempt to negotiate a resolution to seich dispute. . IQ.2. If the parkies are unable to resolve the dispute t�irough negotiation, any party may demand mediation through a process to be mutually, agreed to in good faith between the parties withi.n 30 days. The parties shall share equally the costs of inediation and shaU be responsible for their own costs in preparation and participaEion in the mediation, inciuding � expert witness fees and reasonable attomey's fees. 10.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute then, within 30 calendar days, any party may submit the matter to binding arbitration according to the procedures of the Superior Court Rules for Mandatory Arbitration, including the Local Mandatory Arbitration Rules of the King Couaty Superior Court, King , County, Washington, as amended, unless the parties agree in writing to an alternarive dispute resolution process. The arbitration shall be before a disinterested arbitrator 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 govem its proceedings. Each party shall be responsible for its own costs in preparing for , and participating in the arbitration, inciuding expert witness fees and reasonable at#oraey's ' fees. 10.4. Unless otherwise agreed in writing, this dispute resolntion process shall be the sole, exclusive and final remedy to or for any party for any dispute regarding this Agreement, and . its interpretation, application or breach, regardless of wi�ether 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. 11. Miscellaneous � - 11.1. Notices. All communications regazding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement,unless notified to the contrary. Any written notice hereunder shall become effective upon personal service ar three (3)business days after the date of mailing by registered or certified mail, and shall be deemed . sufficientIy given if sent to the addressee at the address stated in this Agreement or such othef address as may be hereafter specified in writing. 11.2. 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. ' 11.3. SeverabIlity. If any provision of this agreement or its application is held invalid, the remainder of this agreement shali not be affected. � Training Consortium Associa#e Agency Agreement Page� 12. Execution. 1.2.1. This Agreement may be executed in any number of counterparts, each of which shalI constitute an original, and aIl of which will together constitute this one Agreement. IN WITNESS WHEREFORE, the Agencies by the signatures of their authorized representatives have executed this agreement effective upon the date of signatures. . KENT FIRE DEPARTMENT CITY OF RENTON� REGIONAi;FIRE AUTHORITY By: By: � DATE: DATE: ATTEST: City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Brian Snure, Attomey for RFA City Attorney i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Fire Chief 2461 I 116�'Ave. S.E. - Kent,WA 98030 � Training Consortium Assoctiate Agency Agreement Page 6 I . SOUTH KTNG COUNTY FIRE T G CONSORTIUM . .�,;� EXHIBIT A � ASSOCIr�'T� AGENCY FINANCIAL CONTRLBUTION• , December 16,20I4 � Mazk Peterson,Fire Chief Renton F'ire Department 1055 South Grady Way . Renton,WA 98d55 , , Dear Chief Peterson: On behalf of the South King County Fire Training Consortium(SKCFTC), I want to thank you for your interest once again in jouung the Training Consortium.Partnerships of participating agencies aze a huge asset in the vatue and success of the Training Consortium. Tfus letter is a praposal, and a written response from you would allow Renton Fire Depaztment to participate in the SKCFTC for one yeaz-2015. The fiscal contribution by the Renton Fire Department to participate in the Training Consortium for 2015 is as foIlows: ' � 142 Members(Firefighters) • • The credit given to jurisd.ictions for contribution of persannel is as follows: ■ 3 FTE $495,000 � ' � • Cost per Member $4,62Q 142 x$4,620= $656,040 annual agericy cost • Annual Agency Cost $656,044 Contributions Credited - $495.000 � Difference $161,040 ' Credit Training Facility(full use) , -$112,800 , • For 2015 Budgeting Purposes: 2415 Cas6 Contribution= $48,240 As identified,the 2Q15 cash contribution of$48,240 shall be made to the Kent Fire De�artment Regional Fire Authority(RFA)on or before February 1,20I5. If you would like someone from the Kent Fire Department RFA to assist in any presentations, � � please let us know; we would be very open to assist in any way needed. _ 24523 i 16�'Avenue SE, Kent, WA 9803Q I (253) 856-4330 � , CITY ATTORNEY ����!'t���O� `�, �� M E M O R A N D UM DATE: lanuary 7,2Q15 T0: Jason A.Seth,City Clerk FROM: Lawrence J.Warren,City Attorney SUBJECT: Resolution Authorizing ILA re South King County Training Consortium I have enclosed the original of the above-mentioned resolution, which is approved as to legal form. The requesting City staff person has been sent an electronit version of the legislation. L+.y-�-� Lawrence J.Wa�r�n UW: scr Cc: Jennifer Zinck Enc. r CIN OF REfVTON,WASHINGTON RESOLUTIOfV NO. A RESOI.UTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KENT FIRE DEPARTMENT REGIONAL FlRE AUTHORITY ENTITLED "SOUTH KING COUNiY 7RAlNING CONSORTIUM (INTERLOCAL AGREEMENT) ASSOCIATE AGENCY AGREEMENj'". WHEREAS, the City and the Kent Fire Department Regiona! Fire Authority ("Kent RFA") are autharized,pursuant to RCW Chapter 39.34,the Interlocal Cooperation Act,to enter into an interlocal government cooperative agreement;and WHEREAS, the South King Eounty Training Consortium �"SKCTC") tonsists of numerous municipal corporations that are cooperatively providing training services for�re protection and emergency medical providers in South King County; and WHEREAS, the City desires to participate in the SKCTC consistent with the terms of an Interlocal Agreement; NOW,THEREFORE, THE CITY COUNCIL OF 7HE Ct�Y OF RENTON, WA5HINGTON, OOES RESOLVE AS FOIL�WS: SECfION I. The above recitals are found to be ttue and correct in all respects. SECTtON II. The Mayor and City Clerk are hereby authori2ed to enter into an interlocal agreement with Kent RFA entitled "South King County Training Consortium{lnterlocal Agreement) Associate Agency Agreement," and all subsequent addenda, amendments, supplements and/or future agreements regarding the SKCTC that do not materially change the terms of the agreement and are within budget parameters. 1 , RESOLUTION IVO. PASSED BY TNE CITY COUNCIL this day of ,2015. lason A.Seth,City Clerk APPROVED BY THE MAYOR this day af ,2015. Denis Law, Mayor Approved as to form: Lawrence J.Warren,City Attorney RE5.1659:1/7/2015:scr 2 �' ��. CITY OF RENTON COUNCIL AGENDA BILL /_ �J l0 Gti Subject/Title: Meeting: Interagency Agreement Between Renton, REGULAR COUNCIL- 26 Jan 2015 Bellevue, Kirkland, Newcastle and Redmond Regarding Coordinated Environmental Review of Puget Sound Energy's Proposed Energize Eastside 230 kV Transmission Line Project Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Public Works Maps Interagency Agreement Staff Contact: , Resolution Gregg Zimmerman, Administrator, ext. 7311 ' Recommended Action: Refer to Planning and Development Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Puget Sound Energy(PSE) has proposed to construct a new 230 kV bulk electrical transmission corridor and associated electrical energy system between the Talbot Hill Substation in Renton and the Sammamish Substation in Redmond to supply future electrical capacity to the Eastside. PSE has identified that the proposal is likely to have probable significant adverse environmental impacts and issuance of a State Environmental Policy Act (SEPA) Threshold Determination of Significance is appropriate. PSE has made application to Bellevue for review and processing of an Environmental Impact Statement (EIS) for this project. Bellevue has been identified as the nominal lead agency for this EIS, with the other four impacted cities, Renton, Newcastle, Kirkland and Redmond serving with Bellevue as Principal Jurisdictions, and co-lead agencies for the portions of the proposal that lie within their respective city limits. The purpose of this interagency agreement is to establish how the Principal Jurisdictions will work cooperatively to review and respond to the proposal under SEPA. STAFF RECOMMENDATION: Approve the Resolution authorizing the Mayor and City Clerk to enter into an interagency agreement with the cities of Bellevue, Kirkland, Newcastle and Redmond regarding coordinated environmental review of PSE's proposed Energize Eastside 230 kV Transmission Line Project. � • � PUBLIC WORKS DEPARTMENT p � ��ryof�O� � -___.. � M E M O R A N D U M DATE: January 8, 2015 T0: Ed Prince, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Public Works Administrator STAFF CONTACT: Gregg Zimmerman, Public Works Administrator, x7311 SUBJECT: Interagency Agreement Between Renton, Bellevue, Kirkland, Newcastle and Redmond Regarding Coordinated Environmental Review of Puget Sound Energy's Proposed Energize Eastside 230 kV Transmission Line Project ISSUE: Should Council approve a resolution authorizing the Mayor and City Clerk to enter into an interagency agreement with the cities of Bellevue, Kirkland, Newcastle and Redmond regarding coordinated environmental review of Puget Sound Energy's proposed Energize Eastside 230 kV Transmission Line Project? RECOMMENDATION: Approve the resolution authorizing the Mayor and City Clerk to enter into an interagency agreement with the cities of Bellevue, Kirkland, Newcastle and Redmond regarding coordinated environmental review of PSE's proposed Energize Eastside 230 kV Transmission Line Project. BACKGROUND SUMMARY: Puget Sound Energy (PSE) has proposed to construct a new 230 kV bulk electrical transmission corridor and associated electrical energy system between the Talbot Hill Substation in Renton and the Sammamish Substation in Redmond to supply future electrical capacity to the Eastside (potential route segments that PSE has identified are shown on the attached map). PSE has identified that the proposal is likely to have probable significant adverse environmental impacts and issuance of a State Environmental Polic Act SEPA Threshold Determination of Si nificance is a ro riate. Y � ) g PP P PSE has made application to Bellevue for review and processing of an Environmental Impact Statement (EIS)for this project. Bellevue has been identified as the nominal lead agency for this EIS, with the other four impacted cities, Renton, Newcastle, Kirkland and Redmond serving with Bellevue as Principal Jurisdictions, and co-lead agencies for the . � � Ed Prince,Council President ' Members of the Renton City Council Page 2 of 3 January 8,2015 portions of the proposal that lie within their respective city limits. The purpose of this interagency agreement is to establish how the Principal Jurisdictions will work cooperatively to review and respond to the proposal under SEPA. The main provisions of this interagency agreement are: • PSE represents that there is a need to construct a new 230 kV bulk electrical transmission line corridor and associated substation(s) and infrastructure between the existing Talbot Hill Substation in Renton and the existing Sammamish Substation in Redmond (the proposal). The purpose of this proposal is to supply future electrical capacity to the Eastside and improve the Eastside electrical grid reliability. • The interagency agreement is between the five cities directly impacted by the proposal: Renton, Bellevue, Kirkland, Newcastle and Redmond. The purpose of the interagency agreement is to establish how the five jurisdictions will work cooperatively to review and respond to the proposal under SEPA. • Bellevue is designated as the nominal lead agency, with the four other cities designated as co-lead agencies where the proposal traverses their city. All five cities are designated as Principal Jurisdictions. • The EIS will be phased. The first phase will address the need, methods and general feasibility of the proposal. The second phase will address construction level impacts of the proposal. • The list of alternatives to be analyzed shall include those agreed to by PSE, as well as those alternatives proposed by at least two Principal Jurisdictions. • The Principal Jurisdictions wil) consult to identify a preferred alternative. Selection of a preferred alternative requires the approval of Bellevue and any other principal jurisdiction where the preferred alternative would be located. The EIS may proceed with no preferred alternative identified. I • An EIS Steering Committee and an EIS Collaboration Team made up of representatives of the Principal Jurisdictions will be established. � Bellevue will be responsible as the primary point of contact, establishing public meetings as required by SEPA, comment opportunities,general SEPA administration, identifying actions as defined by SEPA and contracting with the EIS consultant. • The agreement establishes timelines for review and comments to be submitted by the Principal Jurisdictions. • All of the Principal Jurisdictions are required to provide technical staff to participate in the EIS process. � • PSE will pay for the development of the EIS. � Each Principal Jurisdiction will coordinate and negotiate with PSE reimbursement for their participating staff inembers and other costs. ' Ed Prince,Council President Members of the Renton City Council Page 3 of 3 lanuary 8,2015 � Appeals: if there is an appeal,the Principal Jurisdictions will enter into an agreement stipulating proportional share of any legal defense costs not recovered from PSE. • Principal Jurisdictions may become Participating Jurisdictions by amendment to ' the agreement. Participating Jurisdictions will not have authority over decisions, but will have the same rights and responsibilities for review and comment as the • Principal Jurisdictions on draft documents. • The agreement extends through the issuance of the final EIS (FEIS) and any , supplements or addenda to the agreement required as a result of any appeal proceedings. • Any party may withdraw from the agreement without cause upon 30-day written notice to the other parties. • Except in the case of legal costs associated with appeals,this agreement shall not result in any monetary liabilities from one party to another. The preparation of the EIS, final design and permitting are scheduled to take place in 2015-2016, with construction of the proposal in 2017-2018. A Citizens Advisory Group recommended two routes for the transmission line corridor, shown as "Oak" and "Willow" in the attached graphics, as a result of a year-long series of study sessions and public meetings. These preferred routes were presented on an advisory basis to PSE. PSE retains final decision authority over selection of routes to be evaluated in the EIS. cc: Chip Vincent,Community&Economic Development Administrator Jennifer Henning,Planning Director Vanessa Dolbee,Current Planning Manager , � . � __ . _ _ . � , . ,. . � � ._._ : _. _ , ' � � �. , � �. } i � . � �� � � h� _� . �K� - Sammamish Route options will be configured w�a �^� � _ to go from segment A to segment ' �"� N and connect with one of the � potential substation sites. tM'"tdr"D�°" 520 �rre �� ser�.Prr — O 202 VemeJJ4 WesYm)nster � � BELLEYUE � - �� tala Sr�nreiiYl �+�� R�pbrW A1k J . i � LakesJde ei..,,�„w . � owr. fxrrn.n� - FACTORfA K1 �. � �� � r �� � �� � „�� , MEACEA N�S� lSL.AAfD Cawr O � � ��au�M fSuAQ!lAl�l ���� it�rk Abren�i� tlPrlNa�nuie � iO�Y P�rk � IIWafArr I . R� . F�cisting substation . � Potential substation site ratbor rrm . _ �� N Q Q Rvute segments �s7 �PI/Gff SOUND ENERGY . � , • - _4 _ ,.: --�-�'4�,� �-; - �' �` .�` � � - � �� ~t� PSE ' • 1 ' g#.d R Y},��_ �,. �,�y�; .. � ,,r.:. ��.,., �y� . , .�. .✓^ n..x,^�"�'a � ��Ri -,� "k::>''.._��::i' .� - #s�•� � . w..,.i1"�ma..w..�w,�ie. �' ...... :'.-7iw..4 .6t- - ..,aua '�6i�' ^`�� A:'., . _ . . . . � `._--�nyy..''. Project Schedule I � � 1 i : t � - �` � ������`���;,�^,.�.,•"`�•s�,�,'`T'�.,._.d..,..... .4. , ..n.....F �. �,�- Project announcement �"��,�'��'�:=-�a��a�l�,.:�:�„,�x,:�°'�� PSE selects a route PSE evaluates requirements end canstraMb � .�''"��`�'.�""����-`�.�_ �.��Pe�tnits issued _ _. ��. �-� �r���:�°r::�,�-,°_�, �� �:',��.._.�. .... _ . .. . :��.....<>s:,. in-service To help identify these route segments, we took into account not only electrical feasibility, but dozens of non-electrical factors, including geographic barriers, land uses, and knpacts on the environment. :. - We will work with the communfty to identify solutions to � . ensure dependable power for businesses and families ��' We are asking the public to provide inpi.rt on which combination � of route segments best serve the Eastside's needs. We will wak with property owners and residents, businesses, hospitals and elec#ed offtcials to reduce the impacts wherever possible. Throughout 2014, PSE wi{I engage Eastside communities in a conversa�on to identiiy a solution that works best. Keep an Heidi Marten,�err,and Damitria Nieves ol eye on our website for more information on how you can get United Trle in Rentort pose lor a photo shoot. ICIVOIVBd 111 th2 fOUtB dISCUSSIQtt RCOC@SS. Their business particfpates in Puget 5ound Energy's Green Power program. :>�,.�.:_�.,�s -..:,.... .Y, �----� -_ - �-: - { m' � '' �.:�;;�",+. . �-.� - �e ; *,j�::�f,�a� ir��;���;,"�`r,r�„-�-- ' � *'°,.'��,�'"' t'#'a.#, �.�4�� _ , ,r -'f ' „y' q_ t_ ,a',' )�i.,�iR �sr•.'"� �'°a,�dy _-�`�„�..j,�-,; � ' .7 � +�'h y� - y"'� t� '.E`^, _ <x., 5.,�e .t r � �,. �C�'�,"�" `�• � Si� • � . � ! .���#;�.����i�t�"P�p 1'�������� 1,��` - i f `ry3 • ' ' i . � i+-�a:.��.,`k.�,�c . � k �<. �� �3` � � �' -`,'� - .� �: . . _ s Tj` i"�' ! ! i ' i r i�+S �`�s- �.k,�w,�s �� e�� %'^ „�,r'F,g"� � �;.� §,,, _ J.�c�,s.�..�ik-�r T�� '",,t's-'i�'' ,x' v'- . y ' r7'." 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'r INiMINI/,'a • .....e5��`x'?f ��Wl��. . .. Y � �� _ ..r+_• '� ' . . µ �l 1 .. . � � �� ; � � �Cl�r� I Z�EASTSI DE ' PUGET SOUIVD ENERGY INTERAGENCY AGREEMENT BETWEEN THE CITIES OF BELLEViJE,KIRI�.AND, NEWCASTLE,REDMOND,AND RENTON REGARDING COORDINATED ENVIRONMENTAL REVIEW OF PUGET SOUND ENERGY'S PROPOSED ENERGIZE EASTSIDE 230 kV TRANSMISSION LINE PROJECT This INTERAGENCY AGREEMENT is entered into by the cities of Bellewe,Kirkland, Newcastle,Redmond, and Renton(collectively"PRINCIPAL NRISDICTIONS"). RECITALS 1.1 WHEREAS, Puget Sound Energy("PSE")has represented that there is a need to construct a new 230 kV hulk electrical transmission corridor and associated electrical substations(the "Proposal")through the Principal Jurisdictions connecting two existing bulk energy systems as necessary to supply future electrical capacity and improve eastside electrical grid reliability; and 1.2 WHEREAS,preliminary discussion between the Principal Jurisdictions and PSE has ' identified that the Proposal is likely to have probable significant adverse environmental impacts and issuance of a State Environmental Policy Act ("SEPA") Threshold Determination of Significance ("DS") is appropriate as outlined in WAC 197-11-360 ; and 1.3 WHEREAS,PSE has made application to Bellevue under file number 14-I39122-LE for review and processing of an Environmental Impact Statement("EIS")under SEPA coclified at Chapter 43.21 C of the Revised Code of Washington("RCW"); and 1.4 WHEREAS, Bellevue was identified as the lead agency under section 197-11-932 of the Washington Administrative Code("WAC"), and issued a letter of lead agency status to the Principal Jurisdictions on September 15,2014; and 1.5 WHEREAS,the members of the Principal Jurisdictions are agencies as defined in WAC 197-11-714 and 762. SEPA allows agencies to enter into interagency agreements to share or divide responsibilities of the SEPA lead agency under WAC 197-11-944. The Principal Jurisdictions desire to collaboratively manage environmental review of the Proposal through the EIS process; and 1.6 WHEREAS,the Principal Jurisdictions have determined that it is in the best interest of their respective jurisdictions to collectively study siting and development of the Proposal, including determining if reasonable alternatives to the Proposal exist that may include, but aze not limited to different modes,alignments and infrastructure sites throughout the Principal Jurisdictions; and Energize Eastside ' Interagency Agreement Version Edited December 15,2014 Page 1 NOW,THEREFORE,in consideration of the terms and provision contained herein,the Principal Jurisdictions agree as follows: AGREEMENT 1.0 Purpose of the Agreement The purpose of this Agreement is to establish how the Principal Jurisdictions will work cooperatively to review and respond to the Proposal under SEPA. 1.1 Cooperation and Good Faith Efforts The Parties understand and agree that the processes described in this Agreement depend upon timely and open communication and cooperation between the Parties. In this regazd, communication of issues,changes,or problems that arise with any aspect of the performance of terms of this Agreement should occur as early as possible in the process rather than before explicit due dates or deadlines. Each Party agrees to work cooperatively and in good faith toward resolution of any such issues and agree that time is of the essence in resolving issues among the Parties. 1.2 Production The Parties acknowledge that this Agreement contemplates the execution and delivery of a number of documents,the final form and contents of which are not presently determined. The parties agree to provide the necessary resources and to work in good faith to diligently and timely develop the fmal form and contents of such documents. 2.0 Associated Projects The Principal Jurisdictions agree to work cooperatively and collaboratively towards processing of an EIS and reseazching issues associated with the Proposal. To assist in this process,the Principal Jurisdictions agree that it is in the best interests of their respective communities to collectively engage consultants to assist with the research, development and analysis of an EIS addressing the Proposal. 2.1 Processing of EIS The Principal Jurisdictions will work together,under Bellevue's lead,to complete the necessary steps of a phased EIS as detailed in Chapter 197-11 WAC. The first phase of the Proposal to be analyzed in a Draft Environmental Impact Statement("DEIS") shall include analysis of the need, methods, and general feasibility of the Proposal. The second phase of the Proposal to be analyzed in a DEIS shall be the construction level impacts of the Proposal. Following the completion of both phases of the DEIS, a Final Environmental Impact Statement shall be issued. The Principal Jurisdictions shall cooperate jointly and with PSE to identify a reasonable number and range of altematives. The list of alternatives to be analyzed shall include those agreed to by PSE,as well as those alternatives proposed by at least two Principal Jurisdictions. Energize Eastside Interagency Agreement Version Edited December 15,2014 page 2 After publication of the DEIS and the opportunity for public comment,the Parties shall consult as to identification of a preferred alternative and as to the alternatives to be included in the FEIS. Consensus shall be the preferred method to select a preferred alternative. Designation of a prefened alternative shall require approval of(i)Bellevue and(ii)any other Principal Jurisdiction where the preferred alternative would be located. If no proposed preferred alternative obtains such approval,the FEIS may be issued without a preferred alternative. 3.0 DefmiHons The following capitalized terms used in this Agreement have the meanings set forth in this Section: Co-Lead Jurisdiction: Each Principal Jurisdiction except the City of Bellevue. Nominal Lead Jurisdiction: The City of Bellevue. DEIS: Draft Environmental Impact Statement for the Proposal under SEPA. FEIS: Final Environmental Impact Statement for the Proposal under SEPA. Princinal Jurisdictions: All of the Jurisdictions listed on Exhibit A to this Agreement,which is incorporated herein by reference. Principal Jurisdictions aze generally known to be the cities of Bellevue, Kirkland,Newcastle,Redmond, and Renton;provided the jurisdiction remains a party to this Agreement. Particinatin¢Jurisdiction: Any Principal Jurisdiction that is added to this Agreement by amendment, so long as it remains a Party. Parties or Partv: The"Parties or Party"include all Principal Jurisdictions and any other Jurisdictions that have become Participating Jurisdictions by amendment as provided in this Agreement,except that"Parties or Party"shall not include any Principal Jurisdictions that have withdrawn from this Agreement. Pronosal: The reasonable altematives for the actions necessary to establish a new Puget Sound Energy 230 kV electrical transmission corridor and associated electrical substation infrastructure with capacity to serve the Principal Jurisdictions,within the range of alternatives identified by the PSE and the Principal Jurisdictions for study under SEPA. A complete description of the Proposal is included with this Agreement as Attachment A. SEPA: T'he Washington State Environmental Policy Act and its implementing regulations. Ali�nment: A potential location for the Proposal. Site s : The potential location(s) for the ProposaL Energize Eastside I Inte�agency Agreement Version Edited December 15,2014 Page 3 Workin�Dav: A day that is not a Saturday, Sunday, or City of Bellewe legal holiday. 4.0 Co-Lead Agencies Each Principal Jurisdiction is a co-lead agency for the Proposal as permitted puzsuant to WAC 197-11-944. Bellevue is designated the nominal lead agency for the Proposal. Each Principal Jurisdiction shall have responsibility, in reliance on the work of consultants and experts retained by Bellewe under this Agreement, for content of environmental documents. Bellewe's"SEPA responsible official" shall have the duty to determine the adequacy of the DEIS and FEIS under SEPA. 4.1 Designated Representatives A. Desi�nated Renresentatives. Each Principal Jurisdiction shall designate the name,title, address and electronic contact information for: (i)a staff representative who will serve as the primary contact person for purposes of this Agreement; (ii)the official(s) authorized to approve matters under this Agreement for that jurisdiction; (iii)the representatives who will serve on the project EIS Steering Committee for that jurisdiction; and(iv)the representative who will serve on the EIS Cotlaboration Team for that jurisdiction, subject to any limitations on authority imposed by that jurisdiction. The designee for each Principal Jurisdiction is contained below as the signatory to this Agreement. A Principal Jurisdiction may designate,by written notice to all Parties, an alternate staff representative or official to act instead of the designated person if that person is unavailable or if so desired by the Principal Jurisdiction. A Principal Jurisdiction may designate the same person for different purposes as identified in this subsection. A Principal Jurisdiction may change the designated person for these purposes by written notice to all Parties. B. Committees. The following committees shall be formed and charters developed to assist with processing the EIS: (i) EIS Steering Committee a. Purpose: Represent the respective jurisdiction by providing guidance to the EIS Collaboration Team in the development of the project EIS and study of other Proposal issues and topics. b. Membership: Department Directors and management staff with appropriate level of decision making authority, access to elected officiais,and access to jurisdiction resources c. Responsibilities: Provide general project oversight,maintain communication across jurisdictions,meet to address issues raised by the EIS Collaboration Team,and report on EIS progress to elected officials,appointed officials, and jurisdiction management. d. Conflict Resolution: The EIS steering Comrnittee will engage to resolve inter- jurisdictional conflicts and conflicts with PSE in accordance with Section 10.0. Energize Eastside Interagency Agreement Version Edited December 15,2014 Page 4 (ii) EIS Collaboration Team �, a. Purpose: The purpose of the EIS Collaboration Team is inter jurisdictional , collaboration in the development of the EIS under SEPA rules for the Proposal, including information collection, scoping, consultant selection, consultant management, document development and editing,process implementation, public outreach,and quality control. b. Membership: Senior level planning and development department or utilities and engineering staff with experience in SEPA and EIS process and with knowledge specific to the Proposal. c. Responsibilities:EIS Collaboration Team members will comrnit time to regular meetings and can oversee development of the EIS for their respective jurisdiction,including information collection, scoping,consultant selection, consultant management, document development and editing,process implementation,public outreach, and quality control. Team members will provide the necessary resources and to work in good faith to diligently and timely develop the final form and contents of the Proposal EIS. d. Conflict Resolution: Unresolvable conflicts identified by the EIS Collaboration Team will be elevated to the EIS Steering Committee for resolution in accordance with Section 10.0. 4.2 Bellevue Responsibilities A. Bellevue shall designate a single staff person who wiil serve as the primary point of contact between Bellevue and the other Primary Jurisdictions. Bellewe will also designate an alternate staff person who will serve as the point of contact if the primary staff contact is unavailable. B. As the nominal lead agency,Bellewe shall be responsible for the following SEPA activities with respect to the Proposal: (i) Providing ali notices required by SEPA and Bellewe ordinances and regulations, and any additional notice requirements under ordinances and regulations of the Co- Lead Jurisdictions that aze identified by Co-Lead Jurisdictions by written notice to Bellevue; (ii) Holding public meetings required by SEPA; (iii) Providing required opportunities to comment on SEPA documents; (iv) Causing the prepazation of environmental documents required by SEPA; (v) Making all ftlings and publications required by SEPA; (vi) Defending any administrative and/or court challenge to the adequacy of the environmental documents, subject to the terms of this Agreement; and Energize Eastside Interagency Agreement Version Edited December 15,2014 Page 5 (vii) Identifying the actions,as defined in SEPA that would be necessary to establish the Proposal, except for actions under the planning documents, ordinances or regulations of local jurisdictions other than Bellevue; and (viii) General SEPA process administration,project management, and project oversight. C. Bellewe shall contract with consultants, environmental scientists, engineers, and others for the prepazation of the DEIS,FEIS, and related technical reports and for the other work contemplated by the anticipated project scope. Bellevue shall solicit, consistent with State law, the services of a qualified professional in the preparation of an EIS consistent with the deternunations as to the scope and coverage of the DEIS and FEIS. Bellevue shall also contract with an independent third-party consultant for the completion of preliminary analysis supporting the Proposal need and method in advance and pazallel to the EIS work requested under this • Agreement. D. Bellevue further agrees,regarding circulation of drafts of SEPA documents,to: (i) Provide each Co-Lead Jurisdiction a draft of the scoping notice 15 working days prior to issuance; (ii) Issue the scoping notice only with the approval required in Section 5.0; (iii) Provide the Parties with a draft of the proposed first and second phases of the DEIS and supporting technical memoranda and discipline reports no less than 30 working days prior to scheduled issuance of each phase of the DEIS; (iv) Coordinate any comments or requested changes to the proposed DEIS from the Parties that are received within 20 working days after the proposed DEIS was sent to the Parties,and bring the comments and requested changes to the Co-Lead Jurisdictions for discussion and recommendation; (iv) Issue the DEIS only after approval as required under Section 5.0 except that the published DEIS may include corrections and changes not so approved and not previously provided to the Parties if they do not fundamentally alter conclusions in the DEIS and do not materially change information with respect to any Site; (v) Provide the Parties with copies of comments received on the DEIS; (vi) Provide the Parties a draft of the proposed FEIS, including its technical memoranda and discipline reports and response to DEIS comments; (vii) Coordinate any comments or requested changes to the proposed FEIS from the Parties that aze received within 15 Working days after the proposed FEIS was sent to the Parties, and bring the comments and requested changes to the Co-Lead Jurisdictions for discussion and recommendation; and (viii) Determine adequacy and issue the FEIS, and any supplement or addendum to the FEIS,only after approval under Section 5.0 provided that the published FEIS and any supplement or addendum may include corrections and changes not so approved and not Energize Eastside Interagenty Agreement Version Edited December 15,2014 Page 6 previously provided to the Parties if they do not fundamentally alter conclusions in the FEIS and do not materially change information with respect to any Site. (ix) Bellewe reserves the right to issue any documents in electronic format. E. Bellevue shall provide the Parties with an estimated schedule consistent with the time periods identified in subsection D of this Section. I F. Bellevue shall be responsible for development of project messaging through development of ' one common message regarding the status of the EIS process, including development of common ' literature generic to the project. j G. Bellewe shall be responsible for development and maintenance of a consolidated website to host the multijurisdictional EIS process. This website will serve as the primary portal to the project for public information and project management, including information and document shazing. I. Bellevue shall be responsible for development of a project outreach strategy, including use of consultants; and the number and location of open houses,community meetings, or other events. 4.3 Co-Lead Jurisdiction Responsibilities Each Co-Lead Jurisdiction agrees that it shall: A. Provide technical support and staff at a level sufficient to meet project deadlines; B. Dedicate staff resources to regularly attend scheduled EIS Steering Committee and EIS Collaboration Team meetings; C. Review the draft scoping notice and provide comments or notify Bellevue of its approval within 10 working days of receipt of the draft; D. Review preliminary draft discipline reports and technical memoranda and provide comments to Bellevue within 30 working days,the review time for subsequent drafts shall be 15 days; E. Review preliminary drafts of the phases of a DEIS or portions thereof, and any supplement or addendum thereto, and provide comments or approval within 30 working days,the review time for subsequent drafts shall be 15 days; F. Review drafts of a FEIS or portions thereof,and any supplement or addendum thereto, and provide comments or approval within 30 working days,the review time for subsequent drafts shall be 15 days; G. Promptly provide access to data and studies reasonably available to the Co-Lead Jurisdiction with respect to any Site within its boundaries, and promptly provide the cooperation of experts on the staff of relevant Jurisdiction deparfinents,to Bellewe and to consultants; Energize Eastside Interagency Agreement Version Edited December 15,2014 Page 7 H. Identify, and consult with Bellevue and consultants with respect to,(i) all actions,within the meaning of SEPA,that would be required of the Co-Lead Jurisdiction for purposes of participating in the review of the Proposal that is included in the DEIS, and (ii)all notice requirements under the ordinances and regulations of that Jurisdiction; and I. Any other provision notwithstanding,if the Principal Jurisdictions determine that the FEIS shall be part of a phased review,then the Co-lead Jurisdictions shall not have any obligations under this Agreement for any phase after the FEIS. 5.0 Approvals A. Except as otherwise stated in this Section,the approval of a majority of Principal Jurisdictions, one of which must be Bellewe, is required and is sufficient for any of the following: (i) Issuance of the deternunation of significance and scoping notice; (ii) Determination of whether and to what extent SEPA review for the Proposal will be phased,and of the types of impacts to be analyzed in detail in the DEIS and FEIS; (iii) Issuance of the DEIS, and any supplement or addendum to the DEIS; (iv) Issuance of the FEIS,and any supplement or addendum to the FEIS; (v) Any decision with respect to the settlement of any appeal or with respect to action to be taken upon any adverse decision or remand resulting from any appeal; (vi) Amendments adding Participating Jurisdictions as Parties to the Agreement; and (vii) Selection of a consultant or consultants to assist with the performance of this Agreement. B. If at any time there shall be three or fewer Principal Jurisdictions that remain Parties to this Agreement,the approval of two Principal Jurisdictions,one of which must be Bellevue, shall be necessary and sufficient for any of the actions listed in subsection A of this Section. C. Approval for designation of a preferred alternative in the FEIS is govemed by subsections 2.1 and 5.0 of this Agreement. 6.0 Costs A. Consultant costs associated with developing the EIS shall be funded by PSE and paid through the City of Bellewe Development Services Department permit fee structure. The City of Bellevue shall have the sole responsibility of negotiating PSE's payment of EIS consultant and processing costs. B. Each Principal Jurisdiction shall have the responsibility of coordinating and negotiating reimbursement from PSE for their own respective staff resource costs incurred with project and Energize Eastside Interagency Agreement Version Edited December 15,2014 page 8 EIS analysis. 7.0 Appeals A. Unless otherwise provided by applicable law, timely appeals of the adequacy of the FEIS and compliance with applicable SEPA procedural requirements shall be heard by the Washington State Superior Court in accordance with Chapter 22.02 Bellevue City Code. Bellevue shall have sole responsibility to defend the adequacy of the FEIS, as to the actions covered by the FEIS, in any appeal before a court with jurisdiction,to the extent such appeal relates to the adequacy of the FEIS or compliance with the applicable SEPA procedural requirements. B. The costs of such defense including any appeal of a decision by a court on the adequacy of the FEIS, including without limitation costs of in-house attorneys,outside counsel if deemed necessary by Bellevue,staff support and costs of experts, shall be considered costs allocable hereunder. C. Prior to the commencement of any appeal proceedings,the Principal Jurisdictions shall enter into agreement stipulating proportional cost sharing related to legal defense not recoverable from PSE. Costs shall be distributed among those Principal J�risdictions to which the issues raised in the a eal ertain. Where the issues ertain to more than one Princi al PP _ P P P Juiisdiction,costs shall be distributed among the affected Principal Jurisdictions based on the proportional distribution of EIS altemative alignments located within each Principal Jurisdicrion to which the issues raised in the appeal pertain. D. Subject to the execution of a satisfactory common interests and co�dentiality agreement, Bellevue shall keep the Co-lead Jurisdictions reasonably informed of the status of the appeal and shall consult with them regarding any major decisions. ' E. Any administrative appeal or court challenge to a substantive action, including without limitation a change in development regulations or project permit decision, whether or not joined with a challenge to be defended under subsection A and whether or not involving issues of SEPA compliance or exercise of SEPA authority, is outside the scope of this Agreement. 8.0 Effectiveness; Additional Parties; Termination; Withdrawal of a Party A. Effective Date. This Agreement will become effective upon signing and delivery of the Agreement by all Principal Jurisdictions. B. ChanQe of Partv Status. Any Principal Jurisdiction may become a Participating Jurisdiction under this Agreement by amendment approved under Section 12.0, without need for action of the legislarive bodies of the existing Parties. Participating Jurisdictions will not have authority over decisions under this Agreement, but will have the same rights and responsibilities for review and comment on draft documents as Co-Lead Jurisdictions. C. Termination. This Agreement shall remain in effect until the FEIS, and any supplements or Energize Eastslde Interagency Agreement Venion Edited December 15,2014 Page 9 addenda to the FEIS that may be required as a result of any appeal proceeding,have been issued, and either the time for any appeal of Bellevue's decision on the adequacy of the FEIS shall have expired or a final decision on an appeal of that deternunation, in which Bellevue has responsibility for defense under Section 7.0 of this Agreement,shall have been issued by a court i or other administrative tribunal with jurisdiction to hear an initial appeal on the adequacy of the FEIS. D. Withdrawal. Any Party,may,upon thirty(30)days written notice to the other Parties, withdraw from this Agreement without cause. If a Co-Lead Jurisdiction or Participating Jurisdiction withdraws from this Agreement,then the Agreement shall remain in effect among the remaining Parties. (i) The withdrawing Party,as of the date of ternunation, shall not have any rights of a Party,or of a Principal Jurisdiction or Co-Lead Agency,under this Agreement, and no consent of that Party shall be required for any purpose under this Agreement. The withdrawing Party is released from any obligation to perform its obligations pursuant to the Agreement.. , (ii) Any Party that withdraws from this A eement shall remain obli ated for its 87 B shaze of costs allocable under this Agreement that aze incurred through the date of termination of this Agreement. (iii) If a Co-Lead Jurisdiction withdraws from the Agreement,any Site in that ' Jurisdiction shall remain among the alternatives for the Proposal unless and until the remaining Parties unanimously agree otherwise, and the withdrawing Party shall remain obligated to cooperate in providing information required for environmental review with regard to that Site. (iv) If Bellevue withdraws from this Agreement,then this Agreement shall terminate on the effective date of withdrawal. 9.0 Remedies Except as provided in Sections 7.0 above,this Agreement shall not result in any monetary liability, in damages or otherwise,from any Party to another. No Party shall be liable for any damages to,or costs incurred by,other Parties resulting from any actual or alleged enor, misstatement or omission in any SEPA document or related to any SEPA process,or any ruling regarding failure to comply with SEPA,whether or not the result of the negligence of a Party. Except for monetary obligations under Section 6.0 of this Agreement,any suit to enforce the terms of this Agreement or any obiigation under this Agreement shall be limited to equitable remedies not involving payment of money. 10.0 Dispute Resolution A. The Parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to exercise their best efforts to resolve any disputes that may Energize Eastside Interagency Agreement Version Edited December 15,2014 Page 10 arise through this dispute resolution process. In the event of a dispute between the Parties regazding this Agreement,the Parties shall attempt to resolve the dispute informally and resolve potential sources of conflict at the lowest level. All parties to the dispute shall participate in a good faith mediation effort to resolve their differences before bringing any legal action. B. The Parties agree to use their best efforts to resolve disputes arising out of or reiated to this Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: (a) Level One—The EIS Collaboration Team designated representatives shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen(14)calendaz days after referral of that dispute to Level One, either party may refer the dispute to Level Two. (b) Level Two—The EIS Steering Committee shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen(14)business days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. (c) Level Three—The services of an independent facilitator provided by the EIS consultant shall be engaged to resolve or adjudicate the dispute in a timely manner. C. If the dispute involves a claimed breach of this Agreement and the Parties aze not able to I resolve the dispute informally,then the Party may bring suit against the other Party in King County Superior Court. D. As an alternative to the above,the Parties may agree in writing to mediation, or some other alternative dispute resolution process. E. If the dispute includes PSE,the issue(s) shall be taken to an independent project facilitator provided by the EIS consultant who will seek resolution with PSE. 11.0 Notices The Parties' addresses for notices under this Agreement shall be the physical and electronic addresses of the primary contacts as set forth below the signature of each Pazty on this Agreement or on the amendment adding that Pazty, as the case may be, in each case until a Party shall have provided written notice of substitute primary contact information to the other Parties hereunder. � Notice and copies of documents may be provided by email,and if so provided shall be effective on the day received if received on a Working Day by 5:00 PM Pacific time,and if later then effective on the next Working Day. If provided by U.S. mail,any notice or other communication shall be effective on the second Working Day after deposit in the U.S. mail,postage prepaid, addressed in accordance with this Section. Energize Eastside Interegency Agreement Version Edited December 15,2014 Page 11 12.0 Counterparts This Agreement may be executed in counterparts; each of which shall constitute an original and which together shall constitute a single agreement,and shall be binding and effective when each Principal Jurisdiction has signed at least one counterpart,regazdless whether all Principal Jurisdictions shall have signed the same counterpart. Any amendment adding a Participating Jurisdiction may be executed in counterparts,each of which shall constitute an original and which together shall constitute a single amendment,and shall be binding and effective when each Principal Jurisdiction and the Participating Jurisdiction being added each has signed at least one counterpart that has been delivered to the City of Bellevue,regardless whether all of them shall have signed the same counterpart. 13.0 Severability If any provision of this Agreement shall be held by a court to be invalid or unenforceable,or if this Agreement or a provision hereof shall be held by a court not to be binding or enforceable against a particular Party,then the remaining provisions,or the provisions hereof as applied to all other Parties, as the case may be, shall remain in full force and effect. To the extent that the obligation of any Party to contribute to costs as described herein shall be finally determined by a court to be invalid or unenforceable, that Party's share of costs shall be reallocated among the remaining Parties in proportion to their respective shares under this Agreement. 14.0 Entire Agreement,Modification This Agreement is the entire agreement of the Parties with respect to SEPA matters involving the Proposal. This Agreement does not supersede, and unless expressly so agreed in writing shall not be affected by, any other agreement among any of the Parties regazding any aspects of the Proposal other than SEPA matters. This Agreement may be rnodified only by written agreement of all Parties,but any written agreement affecting only the rights and obligations as among two or more Principal Jurisdictions shall be valid without agreement of any other Parties. 15.0 No Partnership This Agreement does not establish any partnership or joint venture,nor authorize any Party to incur a liability or obligation binding on another Party or Parties. 16.0 Interpretation The legal presumption that an ambiguous term of this Agreement should be interpreted against the party who prepared the Agreement shall not apply. 17.0 Ratification and Confirmation All acts taken prior to the effective date of this Agreement that aze consistent with the intent and purpose of the same aze hereby ratified and confirmed retroactive to December XX,2014. Energize Eastside fnteregency Agreement Version Edited December 15,2014 Page 12 18.0 Miscellaneous A. This Agreement is for the benefit only of the Parties, and shall not give rise to any claim or remedy for any other person. B. Nothing in this Agreement shall delegate,diminish or modify the statutory or regulatory authority of the Parties. C. Time is of the essence of the terms of this Agreement. [signature pages follow] Energize Eastside Interagency Agreement Version Edited December 15,2014 Page 13 Principal Jurisdictions THE CITY OF BELLEVUE,a Washington municipal corporation � By: Date: ,2014 Name: Title: (i) Agreement primary contact: (ii) Authorized Official Name: Name: Title: Title: Address: Address: Phone: Phone: Email: Email: (iii) EIS Steering Committee Designee (iv) EIS Collaboration Team Designee I Name: Name: Title: Title: Address: Address: Phone: Phone: Email: Email: Energize Eastside Interagency Agreement Version Edited December 15,2014 Page 14 ' THE CITY OF KIRKLAND,a I'! Washington municipal corporation By: Date: . ' 2014 ' rtarne; Title: (i) Agreement primary contact: (ii) Authorized Official Name: Name: Title: Title: Address: Address: Phone: Phone: Email: Email: (iii) EIS Steering Committee Designee (iv) EIS Collaboration Team Designee Name: Name: Title: Title: Address: Address: Phone: Phone: Email: Email: THE CITY OF NEWCASTLE,a Washington municipal corporation By: Date: , 2014 Name: Title: (i) Agreement primary contact: (ii) Authorized Official Name: Name: Title: Title: Address: Address: Phone: Phone: Email: Email: (iii) EIS Steering Committee Designee (iv) EIS Collaboration Team Designee Name: Name: Title: Title: Address: Address: Phone: Phone: Email: Email: THE CITY OF REDMOND,a �i Washington municipal corporation gy: Date: , 2014 ' Title: Name: (i) Agreement primary (ii) Authorized Official contact: Name: Name: Title: Title: Address: Address: Phone: Phone: Email: � Email: (iii) EIS Steering Committee Designee (iv) EIS Collaboration Team Designee Name: Name: Title: Title: Address: Address: Phone: Phone: Email: Email: THE CITY OF RENTON,a Washington municipal corporation By: Date: , 2014 Name: Title: (i) Agreement primary (ii) Authorized O�cial � contact: Name: Name: Title: Title: Address: Address: Phone: ' Phone: Email: Email: (iii} EIS Steering Committee Designee (iv) EIS Collaboration Team Designee Name: Name: Title: Title: Address: Address: Phone: Phone: Email: Email: ATTACHMENT A I PROPOSAL DESCRIPTION Proposal Description PSE has determined that projected electrical load growth in the Eastside area of Puget Sound Energy's operating system is outstripping the capacity to deliver reliable sources of electricity to the region. This encompasses the azea east of Lake Washington between the cities of Redmond and Renton. A detailed description of the electrical system problem is provided in PSE's Needs Report (2012). PSE's transmission system backbone in the Eastside area comprises four 230 kV— 115 kV transformers. These transformers,under certain operational conditions(i.e.,cold winter days),aze operating near capacity and system studies and models have shown that they are expected to exceed that capacity as early as the winter of 2017/2018. In addition to these transformers at PSE's Talbot Hill and Sammamish substations,several 115 kV lines are also subject to overloading. These overloads show that there is a need for additional 230 kV transmission supply to support the Eastside area. This situation creates operational conditions that do not comply with mandatory reliability requirements. Furthermore,electric generation facilities located in this area of King County provide less than 10%of the peak electric load;therefore,the area is quite dependent on the ' electric transmission system. Electrical system studies performed independently and by PSE have demonstrated that different parts of the transmission system will not meet minimum mandatory reliability requirements for given system conditions under contingent operation. These minimum reliability requirements are mandated by the North American Electric Reliability Corporation (NERC)and Western Electricity Coordinating Council(WECC). A number of solutions were identified and analyzed to assess viable ways of solving the transmission supply problem. Viable solutions have to solve the various power flow issues in the Eastside area as we(l as satisfying longevity criteria,be constructible,and cost effective. A ten year study horizon was used between 2012 and 2022. To develop the potential solutions,the following categories were identified: demand side reductions;generation;transformer additions with minimal reinforcement,and transformer with new transmission line. Each solution type was then subjected to power flow analysis using the base cases described in the Needs Report as well as an extensive list of contingencies. Based on the results of the power flow analysis,the most promising solutions were further evaluated from the perspective of overall system performance,operational flexibility, and longevity. Additional details regarding the solutions considered to solve the problem are provided in PSE's Solutions Report(2012)and other supporting documents. Demand Side Reduction/Non-Wire Technologies Description: The addition of demand side reduction or conservation measures was evaluated by PSE's Energy Efficiency Group. These include energy efficiency,demand response,and distributed generation measures. Energy efficiency measures include things such promoting the instal(ation of more efficient appliances,changing out incandescent light bulbs for LED,updating windows and insulation,as well as numerous others. PSE has extensive programs to promote such efficiency improvements, but cannot require that customers implement them. Demand response entails energy reduction programs where specialized devises are insta(led that can be used to control users electrical uses to better accommodate and manage peak usage. PSE has run pilot projects using this technology, but such programs have not been popular and cannot be required by the utility. Installing roof top solar panels,small scale wind turbines,and waste digesters are all forms of distributed generation,again all which cannot be required by a utility's customers. These solutions do not represent a permanent alternative to avoid the need for infrastructure improvements and upgrades necessary to operate the system at the required reliability levels; however they are a necessary component of the solution(PSE Screening Study 2014). Generation Description.• It has been determined that a 300 MW natural gas fired power plant located within the Eastside could potentially solve the identified problem. This size plant would be comparable to the 325 MVA nameplate capacities of PSE's 230 kV— 115 kV transformers. In addition to the construction of the power plant,more than 30 miles of new and upgraded 115 kV transmission(ines would be required as would possibly a new natural gas pipeline and/or water pipeline. The number and length of supporting infrastructure transmission lines and pipelines would be dependent upon where a generation facility could be developed. Other generation technologies were evaluated,but determined to be inadequate or inappropriate for the project area. New generation would have to be sited so that it could relieve the 230 kV— I 15 kV substation transformers and 115 kV transmission lines that were identified as being at risk of overload in the 2013 PSE Eastside Needs Assessment Report. New Transformer—Ezisting Substation Description: The PSE planning team evaluated installing only a new 230 kV— 115 kV transformer at an existing substation,such as the existing Sammamish substation,Talbot Hill substation,and Lake Tradition substations. It is anticipated that this alternative would not require the installation of new 230 kV transmission lines since all three sites considered currently have nearby 230 kV sources. However,when electric system models and studies were performed,this scenario showed numerous 115 kV transmission system overloads,which indicated that a substantial amount of new 115 kV lines would need to be constructed and still with less than ideal system operational results. New Transformer and Transmission Line Description: The most viable so(ution type considered was a combination of adding a new substation with a 230 kV transfocmer and connecting it with the Talbot and Sammamish substation via a new 230 kV transmission line. This solution would provide a new 230 kV transmission source and improve reliability for the Eastside area. To provide the greatest system e�ciency,the new transformer would need to be located somewhere between SR520 and I-90. No Action Description: Under the SEPA rules,when evaluating altematives,the"no action"alternative also needs to be considered and compared to the other reasonable alternatives(WAC 197-11- 440(5)(bxii)). In this instance,the no action alternative equates to not making improvements to the electrical transmission system. This would put the operation of the transmission system as risk and PSE out of compliance with FERC and NERC requirements. CITY OF RENTON, WASHINGTON RESOLUTION N0. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORI2ING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITIES OF BELLEVUE, KIRKLAND, NEWCASTLE,AND REDMOND REGARDING COORDINATEO ENVIRONMENTAL REVIEW OF PUGET SOUND ENERGY'S PROPOSEO ENERGIZE EASTSIDE 230 kV TRANSMISSION LINE PROJECT. WHEREAS, the City of Renton and the Cities of Bellevue, Kirkland, Newcastle and Redmond (collectively the "Principal Jurisdictions") are authorized, pursuant to RCW Chapter 39.34,to enter into an interlocal government cooperative agreement; and WHEREAS, Puget Sound Energy ("PSE") has identified the need to construct a new 230 kV bulk electrical transmission corridor and associated electrical substations (the "Proposal") through the Principal Jurisdictions connecting two existing bulk energy systems as necessary to supply needed future electrical capacity and improve eastside electrical grid reliability; and WHEREAS, preliminary discussion between the Principal Jurisdictions and PSE has the Pro osal is likel to have robable si nificant adverse environmental im acts identified that p y p B P „ „ and issuance of a State Environmental Policy Act ( SEPA ) Threshold Determination of Significance is appropriate as outlined in WAC 197-11-360; and WHEREAS, the Principle Jurisdictions desire to collaboratively manage environmental review of the proposed new Puget Sound Energy 230 kV electrical transmission cor�idor and associated electrical substation infrastructure through development of an Environmental lmpact Statement;and WHEREAS, the Principal Jurisdictions have determined that it is in the best interest of their respective jurisdictions to collectively study siting and development of the Proposal, 1 RESOLUTION NO. ' including determining if reasonable alternatives to the Proposai exist that may include different modes, alignments and infrastructure sites throughout the Principal Jurisdictions; and WHEREAS, Bellevue has been identified as the lead agency and has issued a letter of lead agency status to the Principal lurisdictions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the Cities of Bellevue, Kirkland, Newcastle and Redmond regarding the Proposal. PASSED BY THE CITY COUNCIL this day of , 2015. lason A. Seth,City Clerk APPROVED BY THE MAYOR this day of ,2015. Denis Law, Mayor Approved as to form: Lawrence J.Warren, City Attorney RE5.1648:12/30/14:scr �'�, 2 I , • *= CITY OF RENTON COUNCIL AGENDA BILL � � Subject/Title: Meeting: 2015-2016 ORCA Business Passport Contract REGULAR COUNCIL- 26 Jan 2015 Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Public Works 2015-2016 ORCA Business Passport Contract Resolution 4035 Staff Contact: Dan Hasty, x7217 Recommended Action: Refer to Transportation/Aviation Committee , Fiscal Impact: Expenditure Required: $ $99,756 Transfer Amendment: $ Amount Budgeted: $ $110,000 Revenue Generated: $ Total Project Budget: $ $99,756 City Share Total Project: $ $99,756 SUMMARY OF ACTION: The ORCA Business Passport Program is a core element of the City's Commute Trip Reduction (CTR) Program for eligible City employees.This contract will continue Renton's participation in all elements until February 29, 2016 (leap year). The ORCA Business Passport Program allows employers to buy annual passes in bulk at an extreme discount over the retail pricing. Included in the ORCA Business Passport Program are: 1. Unlimited rides by card holders on bus, light rail, and commuter rail services provided by King County Metro, Pierce Transit, Sound Transit and others 2. 100%VanPool and VanShare subsidies 3. Guaranteed Ride Home Program for all registered participants which provides a free taxi ride home in the event of an emergency or illness up to 8 times per year. The approved budget for this program in 2015 is $110,000. STAFF RECOMMENDATION: Approve a Resolution authorizing the Mayor and City Clerk to execute the agreernent with King County Metro Transit for the purchase of ORCA Business Cards and ORCA Business Passports. . ' . PUBLIC WORKS DEPARTMENT p � ���0� � M E M O R A N D U M DATE: January 14, 2015 T0: Ed Prince, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Dan Hasty,Transportation Planner, (x7217) SUBJECT: 2015-2016 ORCA Business Passport Contract ISSUE: Should Council approve a Resolution authorizing the Mayor and City Clerk to execute the agreement with King County Metro Transit for purchase of ORCA Business Cards and ORCA Business Passports? RECOMMENDATION: Approve a Resolution authorizing the Mayor and City Clerk to execute the agreement with King County Metro Transit for the purchase of ORCA Business Cards and ORCA Business Passports. BACKGROUND: In order to reduce congestion and improve air quality, Washington State passed a Commute Trip Reduction (CTR) Law in the early 1990s. The CTR law requires employers with 100 or more employees arriving to work between the hours of 6:00 and 9:00 a.m. to have transportation programs for their employees that encourage the use of alternatives to single occupancy vehicles. Under the CTR �aw,the City of Renton is classified as a CTR affected employer. During the past 16 years the City has entered into annual agreements with transit agencies to purchase public transit passes in bulk at a reduced rate. These passes are provided to each regular City employee as a core fundamental piece of the City's CTR Program. This program is paid for out of the general fund. � , . Ed Prince,Council President ' Members of the Renton City Council Page 2 of 2 January 14,2015 The ORCA Business Passport offers unlimited rides on Sound Transit, King County Metro Transit, Pierce Transit and others. It covers travel on buses, light rail and commuter rail. In addition it features 100%subsidies for VanPool and VanShare participants of King County Metro, Community, Kitsap and Pierce transit vehicles, as well as a Guaranteed Ride Home Program (free emergency taxi service for employees). In 2013-2014 the retail value of transit services used by City staff was estimated to be approximately$146,000. Vanpool participation comprised the largest share of this value with approximately$95,600 spent on its services. Sounder, light rail and bus usage cost approximately$35,500 with an additional $14,700 for VanShare (VanShare provides older Metro vans for connection between City Hall and the Sounder Station). The Guaranteed Ride Home Program costs approximately$500. The cost for the time period of March 1, 2015 to February 29, 2016 (leap year) is $498.78 per pass. This is a significant savings over buying the passes through King County Metro Transit outside of the ORCA Business Passport Program. If passes were purchased in lesser quantities, each equivalent pass could cost as much as$2,268. Additionally these passes would not include other benefits of the FlexPass Program, such as Guaranteed Ride Home or the 100%VanShare and VanPool subsidies. This agreement allows for the purchase of 200 passes at a total cost of$99,756 for use by eligible City employees. cc: Iwen Wang,Administrative Services Administrator Nanty Carlson,Human Resources Risk Management Administrator Doug Jacobson,Deputy Public Works Administrator,Transportation 1im Seitz,Transportation Planning&Programming Supervisor Hai Nguyen,Finance Analyst Joey Harnden,Administrative Secretary I File AGREEMENT FOR PURCHASE OF ORCA BUSINESS CARDS AND ORCA BUSINESS PASSPORT PRODUCTS THIS AGREEMENT(hereinafter,"Agreement")is made and entered into by and among City of Renton ("Business Accour�C'j and King County MeVo Transit("Lead Agenc�')on behaif of any of ihe foliowing agencies(coilectivety referred to as the"Agency"or"Agencies"). The Snohomish County Public Transportation Benefd Area('Community Transit") The City of Everett("Everett Transit") Kng Counry Department of Transportation,Metro Transit Division("IGng Countyry The fGtsap County Public Transportation Benefit Area("Kitsap Trans� The Pierce County Public Transportation Benefit/4rea Corporation('Pierce Transit") The CenVal Puget Sound Regional Transit Authority("Sound Transit") The State of Washington acting through the Washington State Departrnent of Transportation, Washington State Femes Division("WSF") IN CONSIDERATION of the mutual covenants contained herein,the sufficiency of which is hereby acknowledged,the Parties agree as follows: 1.0 PURPOSE 1.1 This Agreernent establishes the terms under which certain fare payment-related services, referred to herein as"ORCA Services,"will be provided to the Business Account,including but not limited to the prices and terms under which the Business Account may purchase and distribute ORCA Business Cards loaded with a Business Passport Product to its Eligible Business Cardholde�s.Such ORCA Business Cards may be used to access certain Transportation Services of the Agencies. The specific ridership privileges applicable to the Business Passport Product provided under this Agreement are specified in Attachment 1, Producis, Pricing and Terms,which ls incorporated in this Agreement by this reference,and are subject to Sections 6 and 17 below. 1.2 Attachment 1 also establishes the terms under which speafic optional products and services(e.g. use of an ORCA Business Card on vanpool;a guaranteed ride home program),if any,shall be provided by one or more individual Agencies. 1.3 This Agreement also enables the Business Account to purchase Business Choice Products from the Agencies,via the Business Account Website,at the prices and terms in effect at the time of purchase. 1.4 The Business Account understands and agrees that this Agreement applies to its use of ORCA Services including,but not limited to,its purchase of ORCA Business Cards and ORCA Products. This Agreement does not constitute a contract for transportation services. The Agencies have no obligation to the Business Account or any othe�entity or person to provide any particular level, frequency or routing of Vansportation service. 2.0 TERM OF AGREEMENT AND CONTACT PERSONS 2.1 This Agreement shall take effect upon the effective date specified in Attachment 1. Unless terminated in accordance with Section 13,this Agreement shall expire on the last day of the Program TeRn specified in Attachment 1,or an Amended Attachment 1 that has been signed by a person authorized to bind the Business Account. 2.2 The Business Account shall designate a Primary Contact Person in Attachment 2, Designated Representatives,which is incorporated in this Agreement by this reference.This Primary Contact � Person shall be responsible for managing the Business Accounts roles and responsibilities under this Agreement. A Secondary Contact Person shall also be designated in Attachment 2. The Lead Agency may communicate with and rely upon either the Primary or Secondary Contact Person on matters relating to this Agreement. ORCA Passport Agreement Page 1 of 19 City of Renton BA ID: 2480 March 1,2015-February 29,2016 3.0 DEFlNITIONS 3.1 Business Acaount. The employer,educational or human services institution,govemment agency or other entity that has entered into this Agreement enabling it to purchase ORCA Business Cards and ORCA Products for distnbution to their employees,siudents,ciients or other constituency. 3.2 B�siness Accbunt Website. The website used by the Business Account to manage its account, curreMly at arcacard.biz. 3.3 Business Choice Products. The ORCA Products that may be purchased at retaii prices to supplement the ORCA Business Passport Product for one or more Business Cardholders(e.g.a WSF monthly pass). 3.4 Business Cardholder(s)or Cardholder(s). The individual(s)who are etigible to receive an ORCA Business Card from the Business Account. The eligibility requirements for Business Cardholders are more fully defined in Attachment 3, Eligible Business Cardholders,which is incorporated in this Agreement by this reference. 3.5 Business PasspoR Product. The ORCA Product loaded on the Business Account's ORCA Business Cards under this Agreement tf�at provides the Business Cardholders an unlimited right- to-ride the regularly scheduled Transportation Services of,or operated by,certain Agencies to the extent specified in Attachment 1. 3.6 Card B/ock. An ORCA system process that culminates in invalidating an ORCA Business Card. 3.7 Lead Agency. The Agency that entered into this Agreement on behalf of itself and the other Agencies and that is responsible for administration of this Agreement on behalf of the Agencies, including invoicing,contract modifications and renewals,and ORCA system support. 3.8 ORCA. The trademarked name of the system that enables use of a common fare card(One Regional Card for All)on the public transportation services provided by any of the Agencies. 3.9 ORCA Business Card(or"Business Card). An ORCA fare card issued to a Business Account to enable the loading of ORCA Products for use by a Cardholder to whom it was disVibuted by the Business Account to access Transportation Services as specified in Attachment 1. 3.10 ORCA Products. Any transit fare payment mechanism or electronic voucher offered for sale within the ORCA system by any of the Agencies. Examples include,but are not limited to, monthly or period pass, E-purse,and electronic voucher. 3.11 ORCA Services. The materials and services that may be provided,from time to 6me,under the ORCA program,including but not limited to the ORCA Business Cards,ORCA Products,ORCA Websites,data, information,and any equipment,systems and services related to the ORCA program. 3.12 Pariies. The Business Account and the Agencies(which include the Lead Agency)may be collectively referred to as"Parties." 3.13 Primary Contact Person. The individuals identified as the primary contact points for the Lead Agency and the Business Account, as listed in Attachment 2 or as modified from time to time. 3.14 Product Block. An ORCA system process that culminates in invalidating an ORCA Product without invalidating the card on which it is loaded. 3.15 Transportation Services are those public transportation services provided by the Agencies that are specified in Attachment 1. ORCA P�ssport Agreement Page 2 of 19 City of Renton BA ID: 2480 March 1, 2015-February 29,2016 4.0 PRICES AND PAYMENT TERMS I� 4.1 The prices and payment terms applicable to this Agreement are speciFed in Attachment 1. I Products, Pricing and Terms. Such teRns shall include:(a)the amounts due for the Business Cards,Business Passport Product,and any other products,services and fees;(b)the timing of payments,and(c)the acceptable method of paymern. Each order submitted by the Business Account for ORCA Business Cards and/or any ORCA Products will be subject to the provisions of this Agreement 4.2 The Business AccounCs purchase of any Business Choice Products via the Business Account Website will be at the prices and tertns in effect at the time of otder. The Business Account is responsible for reviewing the prices in effect before submitting each order and shall be deemed to have agreed to the then-applicable prices by submitting the order. 4.3 Payment in full is due as specfied in Attachment 1. 4.4 If for any reason payment in full is not received by the date due,'rf a payment is not honored due to non-sufficient funds(NSF�or if for any reason a payment is negated or�eversed,the Lead Agency will notify the Business Account of the payment problem and,if full and clear payment is not received within ten(10)calendar days of such notification,the Lead Agency may: 4.4.1 refuse to process new orders for ORCA Business Cards and block the loading of new ORCA Products by or for the 8usiness Account; 4.4.2 assess any late payment, NSF and collection fees to the maximum amount permitted by law; 4.4.3 initiate a Card Block or Product Block on the Business Cards issued to the Business Account, rendering them ineffective for use by the Cardholders,until such time as the Business Account pays the full amount due,including any late payment, NSF and fees,in a manner acceptable to the Lead Agency;and 4.4.4 suspend or terminate access r�ghts to the Business AccounYs secured area of the website. 4.5 In addition to any other obligations it may have under this Agreement and at law,the Business Account agrees to pay to the Lead Agency any reasonable collection fees incurred in collecting amounts due from the Business Account. 5.0 PURCHASE,OWNERSHIP,DISTRIBUTION AND REPLACEMENT OF ORCA BUSINESS CARDS 5.1 Ordering ORCA Business Cards. The Business Account shall order ORCA Business Cards via the ORCA Business Accounts Website,in accordance with the directions provided on that website,and shall make payment as provided in Attachment 1, Products, Pricing and Terms. If additional cards are required,the Business Account shafl be required to pay both the standard card fee and the monthly rate for loading the Passport Product on such additional cards for the remaining months of this Agreement,as specified in Attachment 1. 5.2 Receipt and Ownership of ORCA Business Cards. Upon actual or constructive receipt of the ORCA Business Cards it has ordered,the 8usiness Account shall become the owner of the ORCA Business Cards. The Business Account shall be deemed to have consVuctively received all ordered ORCA Business Cards unless it notifies the Lead Agency of any non-delivery or incorrect delivery within thirty(30)days after the order was placed. If the Business Account no6fies the Lead Agency that it has not received the ordered cards,the Lead Agency will ship a replacement order. If the Business Account subsequently receives the cards reported as missing,the Business Account is responsible for returning them to the Lead Agency. 5.3 Storage and Risk of Loss. The Business Account is responsible for the storage,distribution and use of the ORCA Business Cards issued to it. The Business Account bears the sole risk of any loss,damage,theft or unauthorized use of one of its cards,whether such card is held in its ORCA Passport Agreement Page 3 of 19 City of Renton BA ID: 2480 March 1,2015- February 29,2016 inventory or has been distributed for use. The Business Account is responsible for the cost of any use of its Business Cards uMil the effective date of a Card Block that may be initiated as provided betow. 5.4 Distance Based Transit Fare. The Business Account is responsibie for commun'icating to Cardholders that"dstance based fares'are charged on some systems such as:Link light rail, and Sounder commuter rail systems. On distance based fare modes,when the Cardholder'taps on,"the ORCA system will record the trip to the last stop on the line. When U�e Cardholder"tzaps off at the end of the ride,ORCA will record the actual ride. The Business Account then will be charged the coRect fare for the actual ride taken. If the Cardh�der fa�'Is to"tap ofP',then ORCA will record a ride to the end of the line. The�esult of not"tapping ofP'is that the Business Account will be charged the largest fare for the ride even if a shorter ride was taken. The Business Account may provide Cardholder Rules of Use to the Cardholder as referenced in Attachment 4,or provide ihis information using other methods such as an email or flyer. 5.5 Distribution of ORCA Business Cards. The Business Account is responsible for distrbuting its Business Cards for use by its Eligible Business Cardholders. The Business Account remains the owner of all Business Cards it distributes but a cardholder may also purchase and load individual ORCA products on a Business Card and ind'nridually register the card. To enable Cardholders to register Business Cards as provided in Section 6 below,the Business Account may not register, or allow anyone other than the Cardholder to register,the Business Cards that are issued under this Agreement. The Business Account shall require,as a condition of receiving a Business Card,that the Cardholder sign the written Cardholder Rules of Use incorporated in this Agreement as Attachment 4, ORCA Business Cardholder Rules of Use. The Business Account understands and agrees that it is solely responsible for implementation and enforcement of the Cardholder Rules of Use. 5.6 Proof of payment. The Business Account is responsible for notifying Cardholders that proof of payment must be made by tapping the ORCA Card on the card reader in the manner required by , each Agency;otherwise,the Cardholder may be subject to a fine if the ORCA Card is not tapped, and the Cardholder will be personally responsible for any fines that may be imposed. 5.7 Business Account Access to Personally ldentifying Information. If an individual Cardholder opts to register one of the Business Cards issued to the Business Account,any personally identifying information provided to the ORCA System (e.g. name,address,telephone number,and credit card number)will not be accessible by the Business Account. If the Business Account collects any personally identifying informaGon about individuals to whom it has distributed Business Cards,the Business Account is solely responsible for its collection,use,storage and disclosure of such information. 5.8 Card B/ocks. In the event a Business Card is determined to be lost or stolen or if a Cardholder is determined by the Business Account to be no longer eligible to use the card,the Business Account may initiate a Card Block via the Business Account Website to invalidate the subject Business Card. T�he Lead Agency may also initiate a Card Block or a Product Block as to any of the Business AccounYs Business Ca�ds at the request of the Business Account, or at the sole discretion of the Lead Agency in accordance with SecUon 4.4,or if it is suspected that a card has been altered,duplicated,counterfeited,stolen or used by an ineligible Cardholder. Once initiated, a Card Block must be processed in the ORCA system and downloaded to all reader devices throughout the region. Until that occurs,there is the potential that the Business Passport Product and any E-purse value or other ORCA Products on the subjeci card will continue to be used. The Business Account, not the Agencies,remains responsible for all transactions, and any loss or costs arising there from,for forty-eight(48) hours after the Card Block was initiated. 5.9 Restoration of Va/ue Alter Card Block. Following a Card Block,the Business Account may request the Lead Agency to restore value on a replacement of the blocked Business Card.An E- purse on a blocked card will be restored on the replacement card in approximately ten(10) calendar days after the replacement card is issued. The E-purse amount that remained on the ORCA Passport Agreement . Page 4 of 19 City of Renton BA ID: 2480 March 1, 2015-February 29,2016 Iost or stolen card,forty-eight(48)hours after the Card Block was initiated in the ORCA system, will be restored to the repiacement card via a remote revalue function. M E-purse on a blociced card will be restored on the replacement cazd on the eighih day aEter the card has been issued. � The card must tl�en be tapped to activate the E-purse value. 5.10 Carcl Replacement The Business Account is respons�le for ordering and paying for any new cards needed to replace Business Cards that for any reason cease to be available or suitabie for use by the Cardholders under the program of the Business Account.inciuding but not limfted to,if the unavailability or unsu'dability is caused by damage,abuse,loss,theft,Card Blodc,and end of useful life. Provided,however,and notwithstanding the exciusion of warranties in Section 14,if a Business Card malfunctions within twelve(12)months after it was delivered to the Business Account,it shall be replaced by the Lead Agency without additional charge to the Business Account if the malfunc6on was caused by a defect in design,material or workmanship and was not caused by misuse,an intentional act,negligence or damage,reasonable wear and tear excepted. The Business Account understands and agrees that to avoid ihe�sn�ption and inconvenience caused by sporadic failures as its cards are used,it must plan for replacement of its Business Cards on a regular basis. As a con�tion of continuing under the Business Passport program,the Business Account agrees that: (a)it will retire all of its ORCA Business Cards at some time within four years after they are issued by the Lead Agency to the Business Account; and(b)purchase replacement Business Cards at the then-appl'icable rate. 6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS Cardholder Prnrileges. The Business AccouM understands and agrees that,although it remains the owner of ORCA Business Cards after disVibution,the Cardholder has the following privileges in connection with the use of an ORCA Business Card. 6.1 The Cardholder may p�esent an ORCA Business Card,loaded with a valid,applicable Business Passport or Business Choice Product,to an ORCA fare transaction processvr as proof of payment of all or a portion of a required fare on a regular transportation service operated by one or more of the Agencies. (Provided,however,an ORCA Product that is not sufficient to fully pay a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases,a Cardholder will be required to make other payment to the extent a fare is not covered by an ORCA Product. 6.2 The Cardholder may individually purchase ORCA Products and load them on the Business Card in addition to any ORCA Product loaded by the Business Account. Individual ORCA Products may be used to pay all or a portion of a required fare on a transportation service not covered by a Business Passport Product or Business Choice Product. (Provided, however, an ORCA Product that is not sufficient to fully pay a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases,a Cardholder will be required to make other payment to the extent a fare is not covered by an ORCA Product. 6.3 The Cardholder may register his/her name and other contact information with the ORCA System and link such personal information to the serial number of the Business Card provided to him/her. Such regisVation does not give the Cardholder any ownership rights in the card but does give the Cardholder the right to access the ORCA Cardholder Website to view the card's transaction history and current stored value,to modify travel zone preferences,and to add retail products. 7.0 NO RETURNS OR REFUNDS Except as otherwise provided herein or in Section 13.2,the Business Account understands and agrees that its purchases of Business Cards,and Business Passport Products and Business Choice Products purchased for such cards,are final and it is not entitled to any refunds. Provided,however,the Business Account may request a refund of the E-purse value remaining on a Business Card if the card is surrendered by the Business Account to the Lead Agency. Upon surrender of the subject Business Card, the Lead Agency shall initiate a Card Block and the refund processed approximately ten (10)calendar days after the Card Block was initiated. The E-purse amount refunded will be that which remained on the surrendered card forty-eight(48)hours aRer the Card Block was initiated in the ORCA system. A processing fee of ten dollars($10)shall be payable by the Business Account to the Lead Agency for each such E-purse refund that is p�ocessed,regardless of e-purse va(ue refunded. The Business Account,not ORCA Passport Agreement Page 5 of 19 City of Renton BA ID: 2480 March 1, 2015-February 29,2016 the l.eacf Agency,is responsibie fo�ihe retur�li�a#such E-purse vatue,if any,to ltze irxiividua! Cardholder to whom the Business Card had been distributed. 8.d BUSINESS ACCt3UNT WEBSRE 8.1 The Busir�ess AccounE Website is ihe prirnary means by whid�the Business Account shatl purchase ORCA Business Cards, Business Passport and Business Choice Praducts,manage its Business Cards and ob#ain iniarmation about the use oF said aards. As a aandidon ot participation in the Business Passpart program,#he Business Account agrees that it will use the Business Accaunt Website when it is availabte and ihat each�cess and use af said website shall be subject to the TeRns of Use and Privacy Statement that are in effect and posted on the Business Account Website at the time of such access and use. 82 'fhe Business Accaunt understands and a�ees that un9niem�pted access ta ar�use of the Business Accaunt Website is not guaranteed and agrees that it will contact its representative at the Lead Agency by email ar telephone if the website is not available. 8.3 At the time ttte Business Account enters into the ORCA program,the Laad Agency wilt provide a single password ta the Business AccounYs Primary Coniaci,as specified i�Attachment 2, Qesrgnated Representatives,to enabie user access to the Business AccounYs secured area af the Buslness Account Website. The Business Account is required ta change the temporary password to one of its own crea�on. The Business Account shall be soteiy responsibie far the number and idenifity of#hose emptoyees with wham the Business Accaunt's passward is shared. The Business Account is also sotely responsible for complying with the security standards specified in Attachment 5,Securlry Standards>which is incorporated in this Agreement by this reference. 9.0 INFQRMA"ffCtN PRC?VIDED BY'iHE A{�ENCIES ANQ THE QRCA SYSTEM 9.1 7he Business Account understands and agrees that the data,reports o�any information provided to it via the Business Account Website or otherwise,is and remains the soie property of the Agencies and nothing shall be car�strued as a transfer or grant af any capyright or other property interest in such data,reports or information. The Agencies hereby grant ta ihe Business Account a nan-exclusive license to use any data,reports or information provided by the Agencies,via the Business Accaunt Website ar atherv+rise,for any lawful purpose related to the administration oF the transportaban benefits program of the Business Account. 9.2 The ORCA System will record data each iime an ORCA 8usiness Card is presented to an C)RCA device for fare payment and to load a product. Such transaction data includes,but is not limited ta,the date,time,and locatian(or route)af the transaction. The Business Account may routinely access such transaction data reEated ta its Business Cards to the extent provided via the Susiness Account Weaslte. Said website and its reports do not provi�#he Business Account Business Card transaction data linked to card serial nurnbers. Far the purpose of preventing fraud,the Primary Cantact Person of the Business Account may submit a written request to the Lead Agency far transactian data related ta a specific card number ar far a card number iinked tn a specific transaction.The written request shall include the fo{lowing: 9.2.1 Card number or the date,time and athe�known details about the specific transaction for which a card serial number is being requested; 9.2.2 A statement as to why the inforrt�ation is germane to the prevention of fraud;and 9.2.3 The signature of the Primary Contact Persan. If the Lead Agency determines that the subject transaction(s)is linked to a Business Gard issued to the Business Account,the Lead Agency wrll provide the Business Account with the card serial nurnber linked j to the requested Vansaction(s). The Business Account agrees that it will use such card serial number informatian anly for purposes of enforcing its Rutes of Use or a#her IawFul business purposes.The Business Accoun#must maintain its own�ecards if it uvishes to identify the card seriaf number issued to an individuaL ORCA Passport Agreement Page 6 af 19 City of Ren#on BA ID: 2490 March 1,20t5-February 29,2018 10.0 PUBLIC RECORDS The Business Ac:count understands and agrees that all records related to its participation in the ORCA System are public recorcis under the Washington Public Recorci.s Act(Chapter 42.56 RCW)("Act"), includng but not limited to: (a)ihis Agreement and the sales activity hereunder,(b)the orders, communications,and any other information provided by the Business AccouM to the Lead Agency,the other Agencies or the ORCA System,whether provided via this website or othervvise and whether provided in hard copy or elecVonic form;(c)any communicadons,responses,requests,reports or information of any kind provided to the Business Account from the Lead Agency,the other Agencies or the ORCA System;and(cn all data,reports and information of any kind related to riie loading of products on,and the use of,the Business Cards issued to the Business Account As public records,these records will be made available for public inspection and copying upon request,unless the Lead Agency determines they are exempt from disclosure. 11.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT The Business Account is encouraged to collect Business Cards from Cardholders who are no bnger eligible for the Business AccounYs transportation benefits program. In any case,the Business Account is solely responsible for initiating a Card Blodc or Product Blodc in accordance with this Agreement to prevent any continued use of,and financial liability for,a card that had lieen distributed to a person who is no longer eligible. 12.0 ORCA SERVICES SUBJECT TO CHANGE The Agencies seek to continually improve and enhance the ORCA Services. With thousands of employers,schools,and other entities entering into business account agreements at varying dates in the year,the Agencies are unable to guarantee to each business account that the ORCA Services will not change during the term of its agreement. The Business Account understands and agrees that one or more ORCA Services may be changed,suspended or terminated from time to time without prior notice to, or agreement by,the Business Account,including but not limited to changes in the look,feel,content and functions of the Business Account Website. If the Business Account is dissatisfied with a change in the ORCA Services,however, it may terminate this Agreement for its convenience in accordance with the provisions of Section 13.2. 13.0 TERMINATION 13.1 The Lead Agency may at any time terminate this Agreement if the Business Account fails to make timely and effective payment of all amounts due, or otherwise materially breaches the Agreement, or acts in manner indicating that it intends to not comply,or is unable to comply,with the Agreement. To effect such a terminatian for cause,the Lead Agency shall send email notice to the last known email add�ess for the last known primary contact person of the Business Account describing the manner in which the Business Account is in default and the effective date of termination. If the basis for termination is a failure to perform that can be cured,the termination shall not take effect so long as the Business Account cures the default within ten(10)calendar days of the sending of the email notice. Upon the effective date of such termination,the Lead Agency may immediately terminate tha website access privileges of the Business Account,block the Business Cards issued to the Business Account and decline to accept and fulfill any pending o�new orders from the Business Account. In the event of such a termination for cause,the Business Account shall not be entitled to any refund of any amounts paid. 13.2 Either the Business Account or the Lead Agency may terminate the Agreement without cause and for its own convenience by sending the other party written or email notice at least thirty(30) days in advance of the effective date of the termination. Upon receipt of a natice of termination for convenience from the Business Account,the Lead Agency may, in its sole discretion,waive the advance notice period and immediately terminate the website access privileges of the Business Account,initiate a Card Blodc on the Business Cards issued to the Business Account, and decline to accept and fulfill any pending or new orders from the Business Account. fn the event of such a termination for convenience and not cause,the amounts due under this Agreement shall be calculated by the Lead Agency. (The amounts due for the ORCA Passport Product and any optional products listed in Attachment 1 shall be the annual amounts due prorated for the number of months during which the Passport Product and optional products were ORCA Passport Agreement Page 7 of 19 City of Renton BA ID: 2480 . March 1, 2015-February 29,2016 va�C!for at teast one day.) lf the Business Account has r�i pai�d in fuN al!of the amounGs due under this Agrsernent as ot the termi�atian date,ihe Business Accoun#sha!!immedately pay the remaining amount due. If the Business Account has paid more than all af the amounts due under this Agreernent as of the tennination date,the Business Account shatl be entitled to a refund ofi the excess iE has paid. 13.3 Notwithstanding any temtination of the Agreement,the Business Aocount shall rernain liable to satisfy and comply with all at its obGgations under this Agreement arxi a#law with regard to,ar arising nut of,any orders submitted ar any of its acts or amissions occurring prior to the effective date ot the temiinatian,inciudng but not limited to Payin9 a#1 amaur�ts due or ir�curred�ior to the effec6ve date af the termination and any fees,charges,collection costs or ather casts arising from a failure to make tirnely and effective payment. i4.0 EXCLUSION t3F WARRAN7tES 14J ALL ORCA SERVICES PROVIDED ARE PROVIDED ON AN"AS IS"AND"A5 AVAILABLE" BAS1S. ANY USE OF THE ORCA SERVICES iS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK. I 14.2 BY WAY QF EXAMPLE,AND NOT LtMITATI�N,THE LEAD AGENCY AND EACH OF THE � OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT: I A. THE BUSINESS ACCCIUNTS USE t3F THE C1RCA SERVIGES WILI BE I UNINTERRUPTECI,TlMEI.Y,FREE FftQM ERROR AND OTHERWISE MEETING!TS ( REQUIREMENTS; I B. ANY INFtJRMATION C38TA1NED BY THE BU8INESS ACCOUNT AS A RESULT t)F I U5lNG TNE OFtCA SERVICES Wli.l.BE ACGURATE AND REI.tA$LE;AND � � G. ANY USE OF THE ORCA WEB5ITES, INCLUDING BUT NOT LIMITED TO THE CONTENT C3R MATERtAL DC)WNLC3ADED FROM SAID WEBSITES,WILL BE FREE O�DEFECTS,VIRUSES,MALWARE,NACKS OR POTENTIA�LY HARMFUL � lNTRUSIQNS. � � 14.3 TO THE EXTENT PERMITTED BY LAW,THE�EA�AGENCY ANp EACH OF THE OTHER I AGEhiCIE��ISCLAiMS ALL WARRANTiES OF ANY K1Nd,EXPRESS OR iMPL1ED, INCLUDING SUT NC?T LIMfTED TO:ANY IMP�IED WARRANTIES OF MERCHANTABI�ITY OR FlTNESS FOR A PARTIGULAR PURPflSE;ANY WAFtRANTIES OF flUIET ENJOYMENT UR NON-INFRINGEMENT;AND ANY WARFiANTIES CREATED BY TRADE USAGE,CQURSE OF DEALING,OR C(JURSE OF PERFORMANCE. � i4.4 NO ADV{GE OR INFORMATlON,WNE7NER ORA�OR WRITTEN,08TAINEQ�R(JM THE AGENGES C?R THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY. , i 5.0 NOTIGES 15.1 Any notice required to be given under the terms of th'ss Agreement shall be directed either by email or regular mail to the Parties'Designated Representatives,as specified in Attachment 2,or #o the tast person and address provided by a Party in accordance with Section 15.2. � 15.2 Each Party sha!!imrr�ediately noiify the other Parties of any changes to its Designated ', Representatives'contact information. The Business Accaunt shall also immedlately notify the Lead Agency of any changes in any ather information provided in its application. 16.0 FORCE MAJEEJRE The Agencies and each of them shall be relieved of any obligations under this Agreement to the � extent they are rendered unabfie to perform,or campty with such obligatians as a direct or indirect result of a foroe majeu�e event,or any ather circumstance nat within such party's caritroi,including,but nat limited to,acts oi nature,acts of civil ar mititary authorities,terrorism,fire ar water darnage,acc#dents, ORCA Passport Agreement Page 8 of 19 City ai Renton 8A ID: 2480 March 1, 2015-Febn,iary 29,2016 � � � � — labor disputes or actions,shutdowns for purpose of emergency repairs,or indusVial,civil or public disturbances. 17.0 APPLICATION OF AGENCY FARES AND OTHER POUCIES The purchase,distn'bution and use of Business Cards and ORCA Products by the Business Account and its Cardholders,and aocess to and use of the ORCA websites,shail be subject to all appl'�cable federal, state and local law,regulations,ordinances,cbdes and policies,inctuding but not limited to the ORCA Terms of Use and Privacy Statement(posted on the ORCA websites and available in printed form upon request to the Lead Agency),and the Agencies'respective fares,transfer rules,codes of conduct and other operating policies and procedures. 18.0 PROHIBITED DISCRIMINATION The Business Account shall not discriminate on the basis of race,color,sex,religion,nationality,creed, marital status,sexual orientation,age,or presence of any sensory,mental,or physical handicap in the administration of its Vansportation benefits program,the provision of ORCA Business Cards and ORCA Products,or the performance of any acts under this Agreement. The Business Account shall comply fully with all applicable federal,state and local laws,ordinances,executive orders and regulations which prohibit such discrimination. 19.0 COMPLIANCE WITH APPLICABLE LAW The Business Account shall be solely responsible for compliance with all applicable federal,state and local laws,regulations,resolutions and ordinances, including,but not limited to,any provisions relating to the Business AccounYs provision of compensation,benefits or services to employees or others(e.g. including,but not limited to,transportation fringe benefits)and any reporting,tax withholding,or other obligations related thereto. The Business Account expressly acknowledges and agrees that it has not relied on any representations or stateme�ts by the Agencies and will not rely on them to provide any legal,accounting,tax or other advice with regard to the Business AccounYs provision of compensation, benefits or services to employees or others(e.g. including,but not limited to,transportation fringe benefits)and any reporting,withholdng or other obligations related thereto. 20.0 LEGAL RELATIONS 20.1 No Partnership,Agency or Emp/oyment Re/ationship Formed. The Business Account and the Agencies are independent parties and nothing in this Agreement shall be construed as creating any joint venture,partnership,agency or employment relationship between and among them or their respective employees. Without limiting the foregoing,the Buslness Account understands and agrees that none of its employees or agents shall be deemed employees or agent,for any purpose,of any of the Agenaes and the Business Account is solely responsible for the acts of its agents and employees and their compensation,wages,withholdings and benefits. 20.2 LIMITATION ON LIABILITY A. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE ' FOR,AND THE BUSINESS ACCOUNT HOLDS EACN AGENCY HARMLESS FROM, ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO: 1. ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE COMPLETENESS,ACCURACY OR EXISTENCE OF ANY INFORMATION PROVIDED TO THE BUSINESS ACCOUNT BY OR THROUGH THE ORCA SERVICES; 2. ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR PERMANENT CESSATION OF ANY SUCH SERVICES(OR FEATURES WITHIN A SERVICE); 3. THE DELETION OF,CORRUPTION OF,OR FAILURE TO STORE,ANY INFORMATION MADE AVAILABLE TO THE BUSINESS ACCOUNT,OR GENERATED BY THE USE OF THE ORCA SERVICES UNDER THIS ORCA Passport Agreement Page 9 of 19 City of Renton BA ID: 2480 March 1, 2015-February 29,2016 AGREEMENT INCLUQING,SUT NOT LIMlTEO TU,THE USE OF TNE ORCA BUSINESS CARDS 1SSUED UNDER THIS AGREEMEN7; 4. THE BUSINESS ACCOUNTS FAtLURE TO PRf3VIDE THE LEAD AGENCY WiTN ACCURATE ACCCJUNT INFfJRMATION;AND 5. THE BUSINESS ACCOUNTS FAII.URE TO KEEP INFORMA710N SECURE AND CClNFIDENTiAL. B. TNE i_EAD AGENCY AND EACN QF THE OTHER AGENGIEB SNAtl NOT BE�tABl.E FOR,ANQ THE BUSWESS ACCOUNT HClLDS EACH AGENCY NARM�ESS FROM, ANY INDIRECT,INCIDENTAL.,SPECIAL,CONSE�UENTIAL,OR EXEMPLARY DAMAGES INCURRED BY TNE BUSWESS ACCOUNT UNDER ANY THEORY OF LIAIBtLITY, INClt1Q1NG BUT NOT L.tMITED TO LOSS C1F USE,Lt3SS CiF TtME,LOSS OF PROFITS,�OSS C7F PRIVACX,IOSS OF DATA,LOSS OF Gt?QOWlIL OR BUSINESS REPU7ATION,WHEN SUCH DAMAGES ARISE OUT OF,OR ARE RELATED TtJ,THIS AGREEMENT OR THE ORCA�EFiVICE5,WNETHER OR NC1T ONE OR MORE AGENCtES HAS BEEN ADVISED OF,{�R SH(3ULD HAVE BEEtV AWARE OF,TNE POSSlBILlTY QF ANY SUGH DAMAGES ARlSING. C. T�THE EXTENT ONE OR MORE OF THE AGENCIES INCURS ANY LIABIUTY FOR A BREACW OF THIS AGREEMENT,C1R ANY DUTY RELATED TO THE ORCA SERVICES,AND SUCH�iABILITY THAi iS NOT EXC#.UDED UNDER THE TERMS C1F THlS AGFIEEMENT,THE EXGLUSIVE,AGGREGATE REMEDY AGAlNST THE�EAD AGENCY AND EAGH OTHER AGENCY WILL BE,AT THE OPTION QF 1"HE APPLICABLE AGENCtES: (Aj THE CORRECTION,SUBSTITUTION OR REPiACEMENT t?F AlL OR PART OF THE URGA SERViCES GIVING RISE TO THE BREACH,G1R(B}A REFUND OF TFtE AMt�UNT PAID BY THE BUSINESS ACCOUNT FOR THE QRCA SERVlCE CAUSING THE DAMAGE,THE AMOUNT OF WHIGH WILL NOT EXCEED THE DAMAGES(OTHER THAN THOSE EXCLUDED ABOVEj ACTUALLY iNGURRED BY THE BUSINESS ACCOUNT IN REASt3NABLE RELIANCE. 1'he damage exclusions and limitations on liability in the agresment shaH appty even if any remedy faiis fc►r its essential purpase. I 20.3 No Waiver. The Business Accaun#agrees that if the Lead Agency does not exercise or enforce any tegal r'sght or remedy which is cantained in the Agreement or under appilcable Caw,this wiEl � not be taken io be deemed to be a waiver or modification of the�ead Agency's rights and � remedies,and that those rights or remedies wili still be available to the Lead Agency. I 20.4 Governing Law and Farum. This Agreement and aCI provisions hereof shaH be interpreted and enfarced in accordance with,and govemed by,the appGcable taw of the State of Washingtor�and of the United 5tates of America without regard to its conflict of laws provisians. The exclusive jurisdiction and venue(ar conducting any legaf actians arising under this Agreement shall reside in either ttre Federai District Caurt or the State af Washington Superiar Court,as appticabie,that is located in the county in which the�.ead Ager�y's primary administrative affice is i�ated. The Business Account hereby consents to persona!jurisdiction and venue in said courts and waives any right which it might have to conduct legal actions invoiving the Agencies in other forums. 20.5 Aftorneys'Fees and Cosfs. in ihe event of litigabon beiween the pariies reiated ta this I Agreemen#,ihe Court is authorized to award the substantially prevai{ing party its costs,fees and expenses inciudin�reasonable attorney fees to the extent authorized by the Court and permitted by applicable law. 2Q,6 Survivat. Sections 4,5,9, 14 and 20 shaH survive and remain effective r�twithstanding any I termination of this Agreement. 20.7 Use of ORCA name and logos. The Business Account unde�stands and agrees that#he"ORCA" name ar�d Eogos are tradernarked and that it wil!not copy or use thern ar�any other trade names,t�ademarks,service marlcs,logos,domain names,and other distinctive features or intellectual property of the Agencies uvithaut written permissian. The Agencies understand and I ORCA Passport Agreement Page 10 of 19 City af Renton BA(D: 248d March 1,20i5-February 29,2016 � agree the Business Account name and logo may be trademarked and that it will not copy or use ihem and any oiher trade names,trademarks,service marks,logos,domain names,and other �stinctive features or intellectual property of the Business Aa:ourn without written permission. 21.0 SUCCESSORS AND ASSIGNS . This Agreement and ail terms,provisions,con�tions and covenarns hereof shall be binding upon the parties hereto,and their respectivve successors a�assigns;provided,however,r�Party may assign or delegate the duties performed under this Agreement without the wriKen agreement by the Lead Agency, the Business Accour�t and the assignee. 22.0 ENTIRE AGREEMENT AND WRITTEN AMENDMENTS This Agreement constitutes the eMire agreement between the Business Account and the Lead Agency, on behalf of all Agencies,related to fhe Business AccounYs use of and access to ORCA Services(but exdu�ng any services which Lead Agency may provide under a separate written agreement),and completely replaces and supersedes any prior oral or written representations or ag�eements in relation to fare meda consignment and sales or to ORCA Services. No oral agreements or mod�cations will be binding on the parties and any changes shall be effective only upon a written amendment being signed by the parties. 23.0 SEVERABILITY In the event any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable or invalid,then the meaning of that provision shall be construed,to the extent feasible,to render the provision enforceable,and if no feasible interpretation would save such provision,it shall be severed from the remainder of the Agreement which shall remain in full force and effect unless the provisions that are invalid and unenforceable substantially impair the value of the entire Agreement to any party. 24.0 AUTHORITY TO EXECUTE Each party to this Agreement represents and warrants that: (i)it has the legal power and authority to execute and perform this Agreement and to grant the rights and assume its obligations herein;and(ii)the person(s)execudng this Agreement below on the party's behalf is/are duly authorized to do so,and that the signatures of such person(s)is/are legally sufficient to bind the party hereunder. 25.0 COUNTERPARTS This Agreement may be executed in two(2)counterparts,each one of which shalt be regarded for all purposes as one original. IN WITNESS WHEREOF,the parties hereto,by their duly authorized representatives, have executed this Agreement as of the Effective Date. BUSINESS ACCOUNT LEAD TRANSPOFiTATION AGENCY BY: BY: Denis Law Carol A. Merrill TiUe: Mayor Titte: Customer Service Supervisor Customer Communications and Services Business Account: �ity of Rerrton Agency: King County Metro Transit Date: Date: ORCA Passport Agreement Page 11 of 19 City of Renton BA ID: 2480 March 1,2015-February 29,2016 ATTACHMENT 1 PRODUCTS,PRICING AND TERMS—BUSINESS PASSPORT FLAT RATE Business Acxount: City of Renton Business Account Federal Tax ID#: 91-6001271 ORCA Business ID#: 2480 Agreement Type: Passport-Renewal P�ogram Term: March 1,2015-February 29,2016 Business Passport Flat Rate Products • Access to regular bus services on Community Transit,Everett Transit,Kitsap Transit,MeVo Transit, Pierce Transit,and Sound Transit • Access to regular service on Sound Transit Link light rail. • Access to regular service on Sound Transit Sounder commuter rail(including Rail Plus partnership with Amtrak Cascades). • Access to regular service on Seattie Streetcar. • Access to regular service on King County Water Taxi.(Vashon and West Seattle routes) • Access to regular service on Kitsap Transit Foot Ferry. (Port Orchard and Annapolis routes) • 100%vanpool fare subsidy on Community Transit, Kitsap Transit,MeVo Transit,and Pierce Transit vanpool vans. • 100%vanshare fare subsidy on Community Transit, Ktsap Transit,Metro Transit and Pierce Transit vanshare vans. • Emergency guaranteed ride home service.(Up to eight rides per employee.)(See Attachment 6.) Pass ort Zone and Worksite Location Em lo ees Annual Rate Cost p P Y per Employee I King County Suburbs 200 $498.78 $99,756.00 ' 1055 S.Grady Way Renton 98057 New Card(s} � 0 � X � $5.00 I I I $ -0- � Totai I 200 I I 599,756.00 Buslness Passport Flat Rate Payment Terms � • Net 60 days from start of program term � • By invoice—do not send with contract Additional Information Additional Card Orders Monthly Rate per additional employee=$0.00 During the agreement term additional cards can be ordered at the card fee as shown above. Amount of Eligible Employee contribution a $0 (Note:emp/oyees may contribute up to 5096 of the Annual Rate per Employee) Business Choice Products Choice Products purchased by the Business Account will be prepaid by check or credit card,at � prevailing retail rates. ORCA Passport Agreement Page 12 of 19 City of Renton BA ID: 2480 March 1, 2015-February 29,2016 ATTACHMENT 2 DESIGNATED REPRESENTATIVES �USINESS ACCOUNT-Primary �.EAD AGENCY—P�imary yame �lohn D.(Dan)Hasty pave Hoqar T'�le �fransportation Planner IEmployer Transporta6on Rep Address ICity of Renton IKing County Metro Transit I1055 S.Grady Way �201 S Jadcson St, KSC-TR-0434 �ienton,WA 98057-3232 �Seattle,WA 98104 Telephone �425-�30-7217 �206-477-5784 ;ell Phone I ( Fax �425-430-7376 �206-684-2058 E-Mail �hasty@rentonwa.gov pave.Hollar@kingcounty.gov I IBUSINESS ACCOUNT-Secondary �.EAD AGENCY—Technical Support yame penis Law (King Counry Title �AAayor �Lead Agency Representative Address I1055 S.Grady Way �201 S Jackson St, KSC-TR-0326 IRenton,WA 98057-3232 ISeattle,WA 98104 I � Telephone �425-430-6500 �206-477-3700 �elf Phone I � F� I I E-Mail �llaw@rentonwa.gov IBusiness.Leadagent@kingcounty.gov IBilling Informatlon I klf different from Primary Address) Vame I I Title I I Address I I � � I � Telephone � � ORCA Passport Agreement Page 13 of 19 City of Renton BA ID: 2480 , March 1,2015- February 29,2016 ATTACHMENT 3 ELIGIBLE BUSINESS CARDHO�DERS Definition and Number of Eligible Participants , DeHnit�on of Eligible Participants All CTR benefits-eligible employees Number af �a Eliglble Partictpants QRCA Passport Agreernent Page 14 of 19 City of Renton BA ID: 2480 Maroh 1,2015-February 29,2016 ATTACHMENT 4 SAMPLE—ORCA BUSINESS CARDHOLDER RULES OF USE As a Business Account Cardholder,i agree to the following: 1. I understand that the ORCA Business Card is owned by the emptoyer that provided it to me and it has been provided to me for my personal use oniy. I agree that I will not sell or transfer my assigned ORCA Gard to another person. If I vialate these tertns of use,my ORCA Card may be blodced from further use. 2. I will keep my assigned ORGA Business Card secure and in good condfion,and I will immediately report a lost,stolsn,or damaged ORCA Business Card to my compan�s Transportation Coordinator. I understand an ORCA Business Card will be replaced at the fee charged by my company. 3. I wili retum my assigned ORCA Business Card upon request or when I leave my employment or otherwise do not meet the eligibility requirements of my company. If 1 do not retum my ORCA Business Card,I understand that it may be biocked for further use. 4. I understand that my ORCA Business Card is valid for the following provided by the listed transportation Agencies. a. 100%of fares on regularly scheduled transportation service on Everett Transit, Community Transit, Kitsap Transit,Metro T�ansit, Pierce Transit,Sound Transit,Seattle Streetcar, King County Water Taxi,and Kitsap Transit Foot Ferry. b. 100%of vanpool and vanshare fares on vanpool services provided by Community Transit, Kitsap Transit,Metro Transit,and Pierce Transit. 5. I understand that the ORCA Business Card is not valid for fare payment on transportation services not specified in Section 4 and I am responsible for paying any additional fares required for services not covered,or not fully covered, by my assigned ORCA Business Card. 6. I understand that any additional ORCA Products I load onto my assigned ORCA Card will become the property of the company that owns my ORCA Business Card and the refund, if any, of such products will be made by the company according to its refund policy. 7. I understand the ORCA system will record data each time I use my assigned ORCA Business Card. Data will include the date,time and location of the card when it is presented. I understand this data is owned by the transit Agencies and is accessible to the company that owns my ORCA Business Card. 8. I understand that the ORCA Card must be"tapped"on a card reader to show proof of fare payment or issuance of a valid fare. Merely showing the ORCA Card on a bus,Vain,ferry or light rail vehicle daes not constitute proof of fare payment or issuance of a valid fare. I will be subject to a fine if the ORCA Card is not"tapped,"and I understand 1 will be personally�esponsible for any fines that may be imposed. 9. I understand that for the correct fare to be recorded, I must"tap"off on a card reader when exiting some transit systems. For example, I must"tap"off when exiting from a Sounder train or , Link light raiL ORCA Passport Agreement Page 15 of 19 I' City of Renton BA ID: 2480 March 1, 2015-February 29,2016 ATTACHMENT 4 SAMPLE—ORCA BUSINESS CARDHOLDER RULES OF USE(continued) I adcnowledge the receipt of my ORCA Business Card,and understand and agree to the terms stated above on using the ORCA Business Card. Employee's Signature Date Employee's Printed Name ORCA Card Serial# Transportation Coordnator Use Only—ORCA Card returned: � Employee's Signature Date ORCA Card Seriai# ORCA Passport Agreement Page 16 of 19 City of Renton 8A ID: 2480 March 1,2015-February 29,2016 ATTACHMENT 5 ORCA BUSINESS ACCOUNT SECURITY STANDARDS 1.0 Applic:atlon Security 1.1 At the time the Business Account enters irrto the ORCA program,the Lead Agency will provide a s�gle Business Account use�id and temporary password to the Business AccounYs Primary CoMact(as specified in Attachment 2 Designa[ed RepresentaEives)to enable access to the Business Acc:ount's azea of the Business Account Website. 1.2 The Business Account shall immediately change the temporary password to a strong password that meets ihe following criteria: a. Length-At least eight(8)characters in length or the maximum length permitted by the ORCA system,whichever is shorter. b. Elements-Contains one each of at least three(3)of the following four(4)elements. 1. Engiish upper case letters(A, B,C...) 2. English lower case letters(a,b,c...) 3. Westernized Arabic numbers:0, 1,2...9 4. Special characters:{@,#,%...) 1.3 The Business Account shall restrict access to the ORCA Business Account Website by provi�ng its user id and password to oniy the employee(s)who have a business"need to know"and who are authorized by the Business Account as"system user(s)". 1.4 Access to the ORCA Business Account Website is restricted to the purpose of authorized administrative support for the ORCA Business Account prog�am 1.5 The Business AccounYs password shall be changed at least quarterly but also immediately upon (a)a system user leaving the Business AccounYs employment or otherwise losing his/her status as an authorized user;and(b)the Business Account learning that the password has been obtained by unauthorized persons or entities. 1.6 The Business AccounYs Primary Contact will review security policies and guidelines with system users at least quarterly. 2.0 Physical Security 2.1 The Business Account shall require system users,when not at their workstations,to log off the Business Account Website,or lock their screen using a password protected screen-saver in order to prevent unauthorized access. 22 ORCA card stock shall be kept in a secure/locked location with access limited to those administering the program. 2.3 The Business Account shall�equire its employees to keep printed reports containing account ' information in a secure location. ' 3.0 Incident Management 3.1 The Business Account shall report any security incident or suspected incident immediately to the Lead Agency. Examples of possible security incidents would be:introduction of camputer viruses, ' unauthorized transactions or blocked cards,or lost or stolen card stock. ORCA Passport Agreement Page 17 of 19 City of Renton BA ID: 2480 March 1,2015-February 29,2016 ATT,AGHMENT 6 HOME FREE GUARAN'[EE PROGRAM Hame Free Guarantee(hereinafter,`NFG"j is a iGng County prr�gram#ha#guarantees payment for taxi Pr�9 fares incurred by Efigible Empbyees�a meet#he etigible criEeria,as set fath beiaw,and taken�n accordance wilh the te�ms set ta�th below. HFG is the emer�gency guaranteed ride horne seruice merrtioned in Attachment 1 af the ORCA Business Passport Agreement I i DEFlNCilt}NS f.1 Approved C�nmute Modes � Eligible Employees must have cammuted from their principal residence,transii center,or park 8 ride bt to I the Business Account's worksite by one of the fo(lowing modes.bus,train,carpool,vanpool,walk-on or I bicycte-an ferry,bicycle,or walk. 1.2 Eligible Reasons Far Usi�g HFG The fallowing are eligble reasons for using HFG: I a. Eiigible Employee's or family member's u�expected illness or emergency. I b. llnexpected schedule charrge s�h that the namnal commute mode is not avaitable for the re#um oomrnute to the starting place of their cornmute. Unexpected means the empfoyee leams of the schedule change thai day. c. Missing the employee's norrnaJ return commute to the stafing place of their commute for reasons,ather than weather ar acts of nature which are beyor�d the employee's cantrol,and of which they had no prior knowledge. Far exampte,the emptayee's carpaol driver le[t wark or worked late unexpectedly. 1,3 Non-Etigible Reasons Far Using HFG Reasons whicfi are not eligibie for HFG use indude,twt are nat fimited to,the following: a. Pre-schedufed rnedical or ather appointments. b. 7o transport indiuiduals who have incurred injury or iUness related ta their occupa#ion. An HFG ride should NEVEFi be used where an ambulance is appropriate,nor should an HFG ride replace Business AccaunYs legat responsibility under warkers'compensafion laws and regulations. c. Employes te�rnination or reductions in force. d. Other situations where,in the apinion of the Business AccounYs Pragram Coordinator. � altemate transportation coutd have been arranged ahead of time. � 1.4 Eligible Destinations Far An NFG Ride I a. From the Business AccounYs worksite ta the Eligible Emptoyee's principal place of residence. I b. From i.fie Business AccounYs worksite ta the Eligible Employee's persanal vehicle,e.g. vehicle located at a transit center ar park&ride{ot. c. From the Business AccaunYs worksite to the Eligible Emplayee's usual cornmute ferry terminal an the east side of Puget Sound. 1.5 Intermediate Stops Entermediate staps ase permitted only if they are af an emergency nature and are requested in advance by the Eligible Employse and are authorized in advance of ihe FlFG ride by the Business Accaun#'s Program Coordinator(i.e,pidc up a necessary prescription at a pharmacy;pick up a sick child at school). 2 BUSINESS ACCt}UNT RESPONSiBtLIT1ES 2.1 HFG Program Payment Business AccounYs payment for HFG seroices is accounted for in the base price of the ORCA Business Passport Agreement,as indicated in Attachment 1. 2.2 Program Coordinator Business Account shall designate as many Prcagram Goordinators as necessary to adminisEer and perform the necessary HFG program tasks as set forth in this Attachment. ORCA Passport Agreement Page 18 of 19 City oi Renton BA ID: 2480 March 1,2015-February 29,2016 ATTACHMENT 6 HOME FREE GUARANTEE PROGRAM(continued) 2.3 Number Of HFG Rides Per Eligible Employee Business Account shall ensure that each ESg�le Empioyee does not exceed eight(8)HFG rides per twelve(12)mornh period. 2.4 Access to Senrice Business Account shall make information about how to access HFG rides available to all Eligible Employees. 3 HFG PROGRAM TASKS 3.1 Process To access HFG rides,Eligble Employees shali contact the Program Coordinator. The Program Coordinator shall call directly an answering service provider,caniracted for by King County. The phone number is 425-450-4555. Program Coordnator shall screen and obtain the following information irom the Eligble Employee,and provide the information to the answering service provider as part of arranging the taxi ride for the Eligible Employee. a. Verify the Eligible Employee has commuted to the worksite by an eligible mode. b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride. 3.2 Reporting a. Once an Eligible Employee takes the emergency taxi ride,obtain from the Eligible Employee a completed receipt of the taxi trip. b. Business AccounYs Program Coordinator shall forward copies of such receipts to King County at the end of each month for record keeping and accounting purposes. 4 KING COUNTY RESPONSIBILITIES 4.1 Participating Taxi Business Account(s) Business Account agrees that neither King County nor answering service provider is responsible for providing transportation services under the HFG program. Business Account further agrees that King County makes no guarantee or warranty as to the availability,quality or reliability of taxi service,and that King County's sole obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the terms of this Agreement. Business Account agrees it shall make no claims of any kind or bring any suits of any kind against King County for damages or injuries of any kind arising out of or in any way related to the HFG program. Without limiting the foregoing and by way of example only,the Business Account agrees that King County shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before,during or after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond the taxi's control,including but not limited to incidence of fire,flood, snow,earthquake or other acts of nature, riots, insurrection,accident,order of any court or civil authority, and strikes or other labor acGons. 4.2 Payment Of Authorized HFG Taxi Fares King County shall pay the metered fare amount of a Business AccounYs Program Coordinator-authorized HFG ride,as defined in the DEFINITIONS section above,for a one-way distance of up to sixty(60)miles. Business Account or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty(60)miles. King County shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of Business Account or the Eligible Employee taking the HFG ride. 4.3 Reporti �9 King County shall keep a complete record of all authorized HFG ride requests and provide a copy of this record to Business Account's designated Contact Person if requested. � 4.4 Program Abuse King County reserves the right to investigate and recover costs from the Business Account of intentional I abuse of the HFG program by Eligible Employees. Program abuse is defined as,but not limited to,taking more than the maximum eight rides per agreement perfod,taking trips for inappropriate reasons, unauthorized destinations and intermediate stops,and pre-scheduled appointments not defined in the DEFINITIONS section above. ORCA Passport Agreement Page 19 oi 19 City o(Renton BA ID: 2480 March 1, 2015-February 29,2016 CITY OF RENTON,WASHINGTON RESOLUTION N0. 4035 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY METRO TRAN5IT REGARDING PURCHASE OF ORCA BUSINESS CARDS AND ORCA BUSINESS PASSPORT PRODUCTS. WHEREAS, the City of Renton, King County, and other area transportation agencies share the desire to provide a transportation management program that will reduce single- I� occupant vehicle travel and improve the mobility of employees to the City's worksites; and WHEREAS, collectively, the area transportation agencies provide buses, vanpools, van shares, light rail, commuter rail, streetcars, water taxis, and the Home Free Guarantee program;and I WHEREAS, the area transportation agencies,through those programs, are authorized to promote altematives to single occupant vehicle commuting in King Caunty; and � WHEREAS, the City wishes to provide incentives to its employees which promote non- single-occupant vehicle commuting to its worksites; and WHEREAS, the City and area transportation agencies desire to utilize ORCA Business Cards and ORCA Business Passport products which can be used to access a variety of services and benefits which enable the City's employees to commute by non-single occupant vehicles; and WHEREAS, it is necessary to memorialize the terms and conditions under which such program will be provided to the City; 1 . . - -- - -- ...__.._._ ... . I RESOLUTION NO. 4035 NOW, TIiEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION i. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with King County Metro Transit entitled "Agreement for Purchase of ORCA Business Cards and ORCA Business Products" and ali subsequent agreements regarding purchasing ORCA Business Cards and ORCA Business Passport Produds that do not materially change the terms of the agreement and are without budget parameters. , PASSED BY THE CITY COUNCIL this 1 st day of Februarv , 2010. .������,a. �,c�a.�.� ' Bonnie I. Walton, City Clerk , APPROVED BY THE MAYOR this lst day of February , 2Q10. I Denis Law, Mayor Approved as to form: �„�<G%' "v��. Lawrence J. Warren,City Attorney RE5.1440:1/1/10:scr 2 CITY OF RENTON COUNCIL AGENDA BILL � �. Subject/Title: Meeting: Final Pay Estimate CAG 14-089 REGULAR COUNCIL - 26 Jan 2015 South 132nd Street Sewer Extension Contractor: A Advanced Septic Services, Inc. Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Public Works Map Final Pay Estimate Staff Contact: Notice Of Completion of Public Works Contract �ohn Hobson, Wastewater, x7279 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $$8,732.84 (Final Pay Est.) Transfer Amendment: $ NA Amount Budgeted: $ $10,000 Revenue Generated: $ NA Total Project Budget: $ $400,000 City Share Total Project: $ NA SUMMARY OF ACTION: The project was awarded on July 7, 2014; construction began on September 17, 2014 and was completed on January 14, 2015. The original contract amount was $213,447.44 and the final amount is $337,647.66, an increase of$124,200.22, or about 58%.The cost increase was due to additional excavation, shoring and dewatering work that was needed due to extremely poor soils and higher than expected groundwater within the roadway of South 132nd Street. The final cost was within the amount budgeted for the project. The approved 2014/2015 budget for the South 132nd Street Sewer Extension is $400,000. The amount budgeted for this project is enough to cover City staff, consultant and construction costs of the project. STAFF RECOMMENDATION: Accept the project, approve the finat pay estimate in the amount of$8,732.84 and release the retainage in the amount of$15,417.70 after 60 days, subject to the receipt of all required authorizations. 1 ) PUBLIC WORKS DEPARTMENT p ���0� � ' M E M � R A N D U M DAl'E: January 16, 2015 T0: Ed Prince, Counci) President Members of Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Public Wo�ks Administrator STAFF CONTAC3: Jahn Hobson,Wastewater Utility Engineer,x7279 SUB]ECi': South 132"d Street Sewer Extension Project ISSUE: Should the City accept the prvject and approve the final pay estimate for the South nd 132 Street Sewer Extension �rajed? The original contract amount was $213,447.44 and the final amount is$337,647.66,an increase of$124,204.22,ar about 58%. RECOMMENDATION: Accept the project,approve the final pay estimate in the amaunt af$8,732.84 and release the retainage in the amount of$15,417.70 after 6Q days,subject to the receipt ' of aEl cequired authorizatians. BACKGROUND SUMMARY: The South 132nd St�eet Sewer Extenslon P�oject installed 785 linea�feet of 8-inch sanitary sewer main in the Earlington Acres neighborhood. This project was construded to provide sewer service to a portion of Renton's sewer service area that has been iso�ated from existin sewer lines b a creek see attached ma . I 8 Y � p� During the portion of construction that took ptace in South 132"d Street,the contractor encountered groundwater quantities that far exceeded those that have been encountered by previous City utility projeds In this area of the C'�ty. The groundwater flvw rate was so high that it destabilized the soils surrounding the trench causing considerable sloughing which lead to an increase in the sewer trench width. The groundwater aiso created a soft and unstable trench base that was unsuitable to support the new sewer main. Due to these conditions,the quantity of foundation rock increased from an original estimate of 15 tons to 253 tons, and imported trench backfill material from an original estimate of 1,150 tons to 2,225 tons. Additional dewatering and trench shoring equipment was also required to permit the sewer installation. The Mr.Prince,Council President Page 2 of 2 lanuary 16,2d15 trench sloughing also increased the asphalt patch area from an estimated 425 square yards to 560 square yards. CONCLUSION: The C'ity should accept the project,approve the finat pay estimate in the amount of $8,732.84 and release the retainage in the amount of$15,417.70 after 60 days, subjed to the receipt of all required authorizations. Attachment [C Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater Utility Engineering Manager File H:\Fife Sys\wWP-WasteWater�WWP-27-3685 S 132nd St Sewer fxtension\Pay Esiimates\Issue Paper-5132nd St Sewer Project Gose-ouLdocuDHad � ! 1 I'', STRE ET I S I 0 N P R�J E CT ?7-3685 � LEGEND � � SHEET N0. SHEET TITLE � � t `CovER � I 2 �CONSTRUCTION B+ISELINE PIAN f 1 � � � 4 I SEYVER PLAN/1ND P OFftLE ` � � � Bellewe WA 98004 � s `an�aF t�rlroN sso.oer�u�s j t8 www.stantec.com ! s iM15C.DE7AlLS � i � ,rEsc a�a�s � � 8 ,PLANTING d S0�STABILIZATION PLAN I . ���..:.>,,. �-----,_- -- . ,. I� � . '�ar,'�_ 7 �� a i -- � ` y j x - � � --_ •-- __ • ���: - . —��--�-_-- ' ; ' =--_ 3 `+.� s a � ; �1t /, . � y' . �.—_ ' ; �s ' --_=�,' ' _�l_—--- - t_,-o�• ` __ j ��______ ___ � ._ __ �TON _ _':4'�-��.,,�, �DY WAY �--=`� , .,-:. . - � PROJECT iTON 98057 • --_-__--- . LOCATION _ �, ",,' �.,,_ 4 �`�, _ ; RSONNEL � - _ ' INEER (425�430-7279 ;un�mr (425)430-7212 VICINITY MAP � 911 MS 1-800-4245555 � • ro: , , FINANCE DtRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: A Advanced Septic Services, Inc. CONTRAC7 NO. CAG-14-089 PD# 18/0001921 ESTIMATE Nt7. 5(FINAL) PROJECT: South 132nd Street Sewer Extension 1. CONTRACTOR EARNINGS THIS ESTIMA�E $7,975.20 2. SAL�ES TAX � 9.50% $757.64 3. TOTAL CON7RACT AMOUNT THIS ESTIMATE $8,732.84 4. EARNINGS PAEVIOUSLY PAID CONTRACTOR $285,359.89 5. ' EARNINGS DUE CONTRACTOR THIS ESTIMATE $7,576.44 6. SUBTOTAL-CONi'RACTOR PAYMENTS $292,936.33 7. RETAINAGE ON PREVlOUS EARNINGS $15,018.94 8. " RETAINAGE ON EARNINGS THIS ESTIMATE $398.76 9. SUBTOTAL- RETAINAGE $15,417.70 10. SALES TAX PREVIOUSLY PAID $28,535.99 11. SALES TAX DUE THIS ESTIMATE $757.64 9 2. SUBTOTAL-SALES TAX $29,293.63 ' (95%x LINE 1) " (RETAINAGE:5%) GRAND TOTAL: $337,647.66 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11 y: ACCOUNT # 426.465500.018.594.35.63.000 $8,334.08 # 5 (FINAL) $8,334.08 RETAINED AMOUNT (Line 8): ACCOUNT # 426.465500.Q18.594.35.fi3.00Q $398.76 # 5(FINAL) $398.76 TOTAL THIS ESTIMATE: $8,732.84 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTiFICATION 1,THE UNDEHSIGNED DO HEREBY CERTtFY UNpER PENALTY OF PERJUqV,THAT THE MATERiALS HAVE BEEN FURNISHEO iHE SERVICES PENDEflEO QR THE tA80R PERFORMEQ AS DESC HEqE1N ANp THAT TME CWM i5 A JUSt,OUE ANO UNPA OBItGATION AGAINST TNE CITY Of RENTON,AND T I AM AtJTHOfiiZEO t0 AUTHENTiCATE AN�CEiiTiF�'TO �0 CIAIM Signed: �. ,�,�-`,ss i d � �y � Printed On:01/14/2015 City of Renton Public Works Department Page 1 •.- � , . r . . � Printed On:01/14/2015 City of Rento�Public Works[}epartmenl Page 1 Project: Sauth 132nd Street Sewa Euunsion Contraa Numbar. CAG•14•084 Cornractar A Advanced S�ptu Saivices,inc. Pey Estmata S{F1HAi} Clasiny Date• 01/151Io15 Item Deserip�qn Una Est. Un�t Prevwus Fravbus This TRis ToW Tola� Na. Quant�y Wice OusntNy Mnount Ouamay Amo�t QuaMiry Amaum Sch fdufa A 001 MahiA2alion Lump Sum 1 S].750 OD D.BO 53 000 00 U 2p 5750 00 1.00 53.75Q 00 002 Trench Esavat�on Safery Systams Lump Sum t 54 6e7,2o 1.00 Sa 6B7 20 SO 00 1.00 54,667.zp 063 Cans�ruction Surveyiny.S�akinq.end As•BuYts Lump Sum 1 53,210 d0 ' 0 SO 51.60520 0 50 51,605.20 t.�0 S�,Z10 40 pp4. TraNK Conkol Lump Sum t St6.261 20 t 0p St6,26�20 SO 00 /.00 518,261.�0 OdS. Tempaary ErosioNSad'anenbaon Corurols Lump Sum t 53,�18 49 100 53,415.49 5000 1.00 53,118A9 006 Sila Cleari�and Gruhhinq Lump Sum t 59,915 00 �.00 59,915 00 SO 00 t.00 59.9t5 OG 007. FumiSh and In61aN 8•irxh PVC Sewet Pipa Linear Foo1 785 536 8� 7B5 00 528,942.95 SO 00 78S 00 52B,9d295 008 fumish end Inslaq Gineh PVC Sida Sowai P�pa Linam Fod 60 534 27 60 00 52.056 26 SO 00 60 00 S2ASB.20 004 Fumish and Insap 18•Ineh Steel Casinp w�th Mthpr Bbtk3 Lump Sum T 5�2,680 OQ t.OD $32,BB0 00 Sp.pp 1.pp 57y,ggp pp Ot0 Fumish and I�stall Sainth p�am_Sanitary Sewer AAanhok Eaeh 1 54.Ot2 60 � 1 00 54.Oa2 60 SO 00 1.a0 S4,Oa2.60 Ot t. Fumish and InstaN 48.inch Oiam.Sartitary SewYr Manhote Each a 54,6s7.85 4 00 SS9,390.60 S�00 4 00 St9.390.60 012. Fumish and InstaA�8-Inch�bm.Saddle Manhok Each 1 5�.733 7B 1 00 SJ.73�.18 SO 00 t.06 57.73�78 Removel end Rep4csment ol Unsuhable FounOal�on 013. Materul Ton 15 560.00 253 17 SI5,190.20 50.00 25�.17 515,190 20 OtA. �ank pun Gravslla Tnnch Backf�I 5ewar TOn 1150 529 50 2225 02 565,fi�8 09 S0 00 2225 42 S6S.6:l8.04 0�5 AsprtaN Pateh nclutl�np CSTC(DE�ETED� Squua Yard 425 532 67 0 06 50 00 SO 00 p 00 SO.pO 016. Replue PavemaM Mark�nqs and Trafl�c Buttans Lump Sum 1 55,62006 000 Sp 00 1.06 $5.62D 00 1.00 55,620� 617. Chain Link Fenn Lump Sum t 53.820 00 1 00 53.820 00 So 0p 1.0p 57.82o a0 ' Ot8 lendsape Resiorabon Lwnp Sum t 5�.708 00 1.00 Sd.708 00 5000 l 00 Sa,70B OQ 019 C.O.MtAdditiona15idp5awar lump5wn 1 St.35Qp0 t.OQ 51.35000 5000 1.00 51,350.00 03Q. C O.M1 Eiacvonic Aeatler Boards LUTp SuT i Sd,216 54 t.04 $4,Q74 54 SO 00 1.00 Sr1 214.SQ 02t. GO.�tAd�tionalDetour5pnaqe lump5un 1 53.95000 1.00 5,7,95000 5000 1.00 53.45000 422 C O.r t Lost Produetion�ue To Poa Soils lump Sum 7 56.Ba0 00 1.00 56 Ba0 00 Sp ap 7.00 56.9a0 00 023 C d K l Adddrortal Sharinp Lump Sum S S2.B92.00 �.00 S2.892 00 SQ 00 1.00 52 892 00 024. C 0»t Dpwntims fa Unmariwd Abandaned Gas Lme LumD Sum s 57.989.02 �_00 53 984 02 Sp 00 I.00 5�.989.02 025. C O r�Add�tional Tronch Eucevauon Cost lump Sum t 53<,200 00 1.00 53�.200 00 $0 00 1.� �a 200 00 �8 C O M2 AsphaR OverWy Lump Sum l 523 8S7 76 1.00 523.85�.76 50 00 t,00 523 853 76 -� . � , � r � Printed On:01/14/2015 City o(Renton Public Works Department Page 2 � Propcl: Sout1�132nd Slreal5ewar Eatension Caiitract Number CAG•14-084 Contranor A Advanced SopGc Senices.lne Pay Eaiinate S(FWAL) Cbeinp Oate OtltSr2pt5 Ilem Oeunpli0n � Unq Est. LMM Previous Praviaus This This Total Tdal No. Ouanhty priu Ousntity AmouM Ouanhty Amown Owrqrtv Amount Subtotal 5300,�7B.B3 57,97520 S70B,35403 9 5�Sa1ef Tac 528,5�5 99 5757.64 529.293 63 TOtal S3ZB B t d B2 SB,732 84 5337,647.66 = 9� ,1,���s .,�,�3 l�''�j t� ! /� • ' � ���iTATf�i O � �� 9� .r,y1 �„o�'°+ NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 602b03409 Date: Ol/26/2015 ..e ��"�'Ucl�Be ��Pa������ City of Renton Assigned to: 1055 South Grady Wuy Renton,WA 48057 Date Assigned: UBI Number: 1�7000Q94 Notice is Iiereby given reJative to tl�e compfetion ojcontract or project described below Project Name I Contcact Numbcr I Job Urder Contracting 5outh 132nd Street Sewer Extension CAG-14089 ❑ Yes 0 No DescriptIon of Work Done/Include Jobsite Address(es) Instpl{ation of 785}inear feet of S"PVC scwer main,6 mnnholes and nssociated rond restoration, Federally iunded road transportation project? � 1'cs Q 1Vo Coatractor's Name 1'cicphone Number Alfidavit ID* A Advanced Septic Services,Inc. 253-435-9999 l Contractor Address 11603 Canyon Rd E,Puyallup,WA 98373 lf Itetainage is�ondcd,List 5urety's Name(o�attach a copy) N/A Surety Agent's Address Uate Contract Awarded Uate Work Commeaced Date Work Completed Date Work Accepted July 7,2014 ISeptember 17,2014 �January 14,2015 IJanuary 26,2015 Contract Amount $ 194,929.17 Additions (+)� $ 113,424.86 Liquidated Damages $ Reductions (-) $ Amount Disbursed $ 322,229.96 Sub-Total $ 308,354.03 Amount Retained $ 15.417.70 Amount of Sales Tax Paid at g,5ppg6 (it vnrious rata anply,plcase send u breakdown? $ 29,293.63 TOTAL $ 337,647.66 TOTAL $ 337,647.66 NOTE: Tleese two totals must be equal Please List all Subcontractors and Sub-tiers Beiow: Subcontractor's Name: �UBI Number:(Required} �Affidavit ID'� Aspen L.and Surveying,LLC � 602266387 � 537406 Mulier Canswction LLC I 603391521 � Northwcst Asphalt[nc I 601556048 I , C&P Fencin� � 603210811 � Miles Sand&Gravel Company I 1710(}4760 � � � { � � i I �I 5-038-000 07•,p 1: . � . � REV 3!00_0�(07t06/1_f Continued on page 2 IL— . � Plesue List all Subeontraetors und Sub-tiers Below: Subcontractors Name: �UBI Number: (Required) �A!'Eidavit ID'� ' � � � � � � � � � � � � ( � � � � ! � I � ( � � � ( � ( � � � � � � � � � � � � � I � I � � � � Contact Namc: Natalie Wissbrod Titic: Accounting Assistant Email Address: nwissbrod@rentonwa.gov Phone Number: 425-430-6919 ..v... .u..�...n....���6......... �..w..s.............�.....p,........v..�............,uw.�u....w ��..uu.�...un. .....n�...�.........�. u..�.....u...,.. ' NO PAYMENT SNAL,I.$E MADE FROM RETA[NED FUNDS until«ceipt af all release cenificates. Affidavit ID*-Provide known oaes at this time.No LNI release will be gmnted uatil sll aftidavils are completed. Submitting Furm:Ple�se submit thc complceed form to lal thn:c agencies below.For a fastcr responsc,picase submit by e-mail. Wahington Stat� Yashlnpton Staa Y� n Saa �sAment ot Ravenua Mpartm�nt ot Laba and IndwUi�s m�aM Security Departm�M Ue Works S�ction �:q��R�p � r'O Box 47474 • .��x,µ�4 .��`�U��Y.Shndards 6 Olympia W A 98504•7474 piympia,Wp 9g5p4.q272 PO 8ox 9046 {380)725-7588 (3801�•5772 Olyntpia WA 98507-90A6 FAX(360)664d1aB FAX(360}902-6897 (360)9Q2•9450 PWCOdocwa,gov CoMractReleaseQlni,wa.Qov Faz(360)902•9287 publ'�cwo�Cs O esd.wa.gov For tax assis�ance or to request this document in an alternate format,visit http://dor.wa.gov or catl 1-800-647-7706. Tcictypc(T'TY)uscrs may call(360)705-6718. F�I 5-038•000 O7-?0I3 REV 3l Od?Oe 107106/12) I CITY OF RENTON, WASHINGTON RESOLUTION N0. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY ENTITLED "SOUTH KING COUNTY TRAINING CONSORTIUM (INTERLOCAL AGREEMENT) ASSOCIATE AGENCY AGREEMENT". WHEREAS, the City and the Kent Fire Department Regional Fire Authority ("Kent RFA") are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act,to enter into an interlocal government cooperative agreement; and WHEREAS, the South King County Training Consortium ("SKCTC") consists of numerous ' municipal corporations that are cooperatively providing training services for fire protection and emergency medical providers in South King County; and WHEREAS, the City desires to participate in the SKCTC consistent with the terms of an Interlocal Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHIN6TON, DOES I' RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Kent RFA entitled "South King County Training Consortium (Interlocal Agreement) Associate Agency Agreement," and all subsequent addenda, amendments, supplements and/or future agreements regarding the SKCTC that do not materially change the terms of the agreement and are within budget parameters. 1 RESOLUTION N0. PASSED BY THE CITY COUNCIL this day of , 2015. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RE5.1659:1/7/2015:scr 2 • ----�_ EXECUTIVE DEPAR����ENT G � °�_ Q��00�1 �� M E M O R A N D U M DATE: January 26, 2015 C�Ty�FRENTpN TO: Ed Prince, Council President Members of the Renton City Council �qN 2 s z��5 FROM: Denis Law, Mayor REC��yED Jay Covington, Chief Administrative Officer C�NCLERK'SppF�CE SUBJECT: Administrative Report • Construction of the improvements at Lake Washington Blvd and Southport/Coulon Park intersection began the week of January 12th.The project,which was scheduled to start late last fall,was delayed due to the unavailability of inspection support from BNSF. The inspector is now on site and full construction of the intersection improvements has begun. The general contractor is Sellen Construction, and construction is expected to take about three and half months. As with any project, expect traffic delays during the weekdays along Lake Washington Blvd. The contractor will be working Monday through Friday during the allowed work hours of 8:00 am to 5:00 pm. No work is anticipated on Saturdays and no work is allowed on Sundays. Patrick DeCaro is the assigned City construction inspector overseeing the construction and Jan Illian is the assigned plan reviewer if you have any questions. Please be aware that the Southport Hotel is also under the first phase of construction onsite. There will be additional impacts to traffic in this location as well during the week. Construction hours for the hotel differ than those for Lake Wash Blvd/Coulon Park intersection. Construction hours are 7:00 am to 8:00 pm Monday through Friday and 9:OOam to 8: 00 pm on Saturdays with no work allowed on Sundays. • As part of its efforts to foster strong and healthy neighborhoods,the City of Renton Neighborhood Program is offering 2015 communication grants to qualifying neighborhoods to assist in neighborhood- based communications activities. Grants for communications are available to all neighborhood groups and/or homeowners' associations that are officially recognized by the city's Neighborhood Program, including organized neighborhood associations that draw membership from commonly recognized geographic neighborhoods in Renton. These grants can be used to offset the cost of printing, mailing or electronic distribution, and development of newsletters,flyers or posters. Funding for the communication grants is based on a standard of$1.50 annually per household contacted. For example, if your neighborhood has 100 residents and each household is contacted,you may apply for$150 per year in grant funds, if you meet grant stipulations. Grant applications are due by 5:00 p.m. on Friday, February 6th. Applications may be mailed to 1055 South Grady Way, Renton,WA 98057; faxed to 425-430-6603; completed online at rentonwa.gov; or emailed to nmcauillerCa)rentonwa.�ov. Applications received after the deadline will not be considered for this round of funding. For more information,contact Neighborhood Program Supervisor Norma McQuiller at 425-430-6595 or nmcquiller@rentonwa.�ov. Administrative Report ' January 26, 2015 Page 2 of 2 • As part of our efforts to achieve the city's goal of Renton becoming an "Inctusive City with Opportunities for All," Mayor Law recently met with Pastor George Houston and Pastor Jess Champers of Living Hope Christian Fellowship, located in the Benson Hill area. At their request,the city participated in a community discussion on race relations, held on Martin Luther King 1r. Day,January 19th. City Council President Ed Prince,Chief Administrator Officer 1ay Covington, Police Chief Kevin Milosevich and Deputy Public Affairs Administrator Preeti Shridhar participated. Also on the panel were author and college professor Marcia Tate Arunga and youth pastor Troy Landrum from Living Hope Christian Fellowship(Pastor Landrum is also a YMCA outreach worker). An audience of c�ose to 50 people was there to hear the panelists address the theme of"Building Healthy Bridges Across Racial Divides." Pastors Houston and Champers moderated the discussion, which dealt with identifying racial conflicts or challenges in the Renton community, and ideas on how to address them. Moderators and audience members felt the panel discussion was a positive step, and administration will be actively working with church leaders and the school district to organize local forums to promote public discussion and establish relationships throughout the community. ,_- �. ' ' enda Item No.: ��• � RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE:� '2(� l '�J PLEASE PRINT 5 Minute Time Limit 1 5 Name:�P/` � ���(�►� Name: Addresr. � %�����`Ji�� Address: City: � , Zip Co e:_,Lf1lLS� City: Zip Code: �CP�e�� S� ��c� �f..� �f Email: Email: Topic: � /`� � q�1� Topic: eJ 2 6 Name: Name: Address: . Address: City: Zip Code: City: Zip Code: Email: Email: Topic: Topic: 3 7 Name: Name: Address: Address: City: Zip Code: City: Zip Code: Email: Email: Topic: Topic: 4 8 Name: Name: Address: Address: City: Zip Code: City: Zip Code: Email: Email: Topic: Topic: (CONTINUED ON REVERSE SIDE) (Continued from Reverse Side- Page 2) � RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE '�' PLEASE PRINT 5 Minute Time Limit 9 13 Name: Name: Address: Address: City: Zip Code: City: Zip Code: Email: Email: � Topic: Topic: 10 14 Name: Name: Address: Address: City: Zip Code: City: Zip Code: Email: Email: Topic: Topic: 11 15 Name: Name: Address: Address: City: Zip Code: City: Zip Code: Email: Email: Topic: Topic: 12 16 Name: Name: Address: Address: City: Zip Code: City: Zip Code: � Email: Email: Topic: Topic: I 1 FINANCE COMMITTEE �,���,V�p BY COMMITTEE REPORT C�� COUNCIL lanuary 26, 2015 Dat� ,��/��5 . I Site Lease Agreement for Wireless Communication Equipment at Rolling Hills Reservoir (January 12, 2015) The Finance Committee recommends concurrence in the staff recommendation to authorize the Mayor and City Clerk to sign the ten-year Site Lease Agreement with New Cingular Wireless PCS, LLC, which will pay $2,500 in rent per month, with a one-time inception fee of $7,500. There are two, ten-year extension options. Annual rent increases will be based on Consumer Price Index adjustments. ,� csy t l/��..�� Don Persson, Chair �!-�` �-�. /� V '�t -- Greg Taylor, Vice Chair A�indo Pavone, Member cc: Terry Higashiyama,Community Services Administrator Peter Renner, Facilities Director App�ovE� �� FINANCE COMMITTEE C�-�Y COUNCIL COMMITTEE REPORT i��/Zp/S' Dc�t� � � Januar 26 2015 Y , Addendum 4 with Verizon Wireless Communication for Equipment at the NE 12th St. Reservoir LAG-97-004 (January 5, 2015) The Finance Committee recommends concurrence in the staff recommendation to authorize the Mayor and City Clerk to sign the five-year Fourth Addendum to LAG-97-004 with Verizon Wireless to extend the Lease for an additional five years and with an additional monthly rental fee of$200 for additional ground equipment at the site. � Don Persson, Chair __����'t► �' ��. �/�o�Jc.C�2� Greg Taylor, Vice Chair Arr�itUrr�l�o Pavone, Member cc: Terry Higashiyama,Community Services Administrator Peter Renner, Facilities Director ! ' ♦ FINANCE COMMITTEE �PPROVED BY COMMITTEE REPORT CITY COUNCIL �atC�� Zo/5 January 26, 2015 I Request for Fee Waiver—Renton Housing Authority Sunset Area Transformation Plan � (January 5, 2015) The Finance Committee recommends app�oval of a 100% waiver of the development and mitigation fees as provided for in RMC 4-1-210C for the Renton Housing Authority's four Sunset Area Transformation Plan housing projects with a total of 229 housing units. The fee waivers will be contingent upon the receipt of a HUD Choice Neighborhoods Initiative implementation grant and will expire on December 31, 2020, unless otherwise extended by the Council. � �'�. Don Persson, Chair � /�/[�`I' �' w l�' iT�-iq/ �`"�"t-C��-- Greg Taylor, Vice Chair � r ondo Pavone, Member C: Chip Vincent, Department of Community&Economic Development Department Administrator Iwen Wang,Administrative Services Administrator Terry Higashiyama,Community Services Administrator Gregg Zimmerman, Public Works Administrator Mark Peterson, Fire Chief/Emergency Services Administrator Cliff Long, Economic Development Director Mark Santos-lohnson,Community Development Project Manager RENTON CITY COUNCIL Regular Meeting January 26, 2015 Council Chambers Monday, 7:00 p.m. M I N U T E S Renton City Hall CALL TO ORDER Mayor Denis Law invited Cub Scout Pack 492 to present the national and state colors and lead the Pledge of Allegiance to the flag. ROLL CALL OF ED PRINCE, Council President; RUTH PEREZ;ARMONDO PAVONE; GREG COUNCILMEMBERS TAYLOR; RANDY CORMAN; MARCIE PALMER; DON PERSSON. CITY STAFF IN ATTENDANCE DENIS LAW, Mayor;JAY COVINGTON, Chief Administrative Officer; GARMON NEWSOM,Senior Assistant City Attorney;JASON SETH, City Clerk; GREGG ZIMMERMAN, Public Works Administrator; PREETI SHRIDHAR, Deputy Public Affairs Administrator; CLIFF LONG,Community and Economic Development Director; DEPUTY CHIEF ERIK WALLGREN and DEPUTY CHIEF CHAD MICHAEL, Fire & Emergency Services Department; COMMANDER DAVE LEIBMAN, Police Department. PROCLAMATION A proclamation by Mayor Law was read declaring February 2015 to be "Renton Renton Heart Month— Heart Month" in the City of Renton and encouraging all citizens to increase February 2015 their awareness of cardiovascular disease, detection,and prevention by participating in this important community risk reduction campaign. MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Deputy Chief Erik Wallgren accepted the proclamation. He stated that this is the tenth year of the City's public education and outreach campaign. He thanked campaign partners Valley Medical Center, Renton School District, Renton Community Foundation and the Community Services Department for helping the department provide free blood sugar and blood pressure screenings throughout the community. ADMINISTRATIVE REPORT Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2014 and beyond. Items noted were: � Construction of the improvements at Lake Washington Blvd. & Southport/Coulon Park intersection began the week of January 12.The project, which was scheduled to start late last fall,was delayed due to the unavailability of inspection support from Burlington Northern Santa Fe Railway(BNSF). The inspector is now on site and full construction of the intersection improvements has begun. The general contractor is Sellen Construction and construction is expected to take about three and half months. As with any project, expect traffic delays during the weekdays along lake Washington Blvd. The contractor will be working Monday through Friday during the allowed work hours of 8:00 a.m.to 5:00 p.m. No ' work is anticipated on Saturdays and no work is allowed on Sundays. Please be aware that the Southport Hotel is also under the first phase of construction. There will be additional impacts to traffic in this location as ; well during the week. Construction hours for the hotel differ than those for ' Januarv 26. 2015 Renton Citv Council Minutes Pa�e 28 Lake Washington Blvd. &Southport/Coulon Park intersection. Construction hours are 7:00 a.m.to 8:00 p.m. Monday through Friday and 9:00 a.m.to 8:00 p.m.on Saturdays,with no work allowed on Sundays. � As part of its efforts to foster strong and healthy neighborhoods, the City of Renton Neighborhood Program is offering 2015 communication grants to qualifying neighborhoods to assist in neighborhood-based communications activities. Grants for communications are available to all neighborhood groups and/or homeowners'associations that are officially recognized by the City's Neighborhood Program, including organized neighborhood associations that draw membership from commonly recognized geographic neighborhoods in Renton. These grants can be used to offset the cost of printing, mailing or electronic distribution and development of newsletters, flyers or posters. Funding for the communication grants is based on a standard of$1.50 annually per household contacted. For example, if your neighborhood has 100 residents and each household is contacted, you may apply for$150 per year in grant funds if you meet grant stipulations. I Grant applications are due by 5:00 p.m.on Friday, February 6. Applications I may be mailed to 1055 S. Grady Way, Renton,WA 98057;faxed to 425- �I, 430-6603; completed online at rentonwa.gov;or emailed to �' nmcquiller@rentonwa.gov. Applications received after the deadline will not be considered for this round of funding. � As part of the City's efforts to achieve the goal of Renton becoming an "Inclusive City with Opportunities for All," Mayor Law recently met with Pastor George Houston and Pastor less Champers of Living Hope Christian Fellowship, located in the Benson Hilt area. At their request, the City participated in a community discussion on race relations, held on Martin Luther King Jr. Day,January 19th. City Council President Ed Prince, Chief Administrator Officer 1ay Covington, Police Chief Kevin Milosevich and Deputy Public Affairs Administrator Preeti Shridhar participated. Also on the panel were author and college professor Marcia Tate Arunga and youth pastor Troy Landrum from Living Hope Christian Fellowship (Pastor Landrum is also a YMCA outreach worker). An audience of close to 50 people was there to hear the panelists address the theme of"Building Healthy Bridges Across Racial Divides." Pastors Houston and Champers moderated the discussion which dealt with identifying racial conflicts or challenges in the Renton community, and ideas on how to address them. Moderators and audience members felt the panel discussion was a positive step, and the administration will be actively working with church leaders and the school district to organize local forums to promote public discussion and establish relationships throughout the community. AUDIENCE COMMENT Melody Kroeger(Renton) stated that she had participated in the One Night Citizen Comment: Kroeger— Count of the Homeless in Renton on Friday,January 23. She remarked that the One Night Count of the purpose of the event is to count every unsheltered person living in the Homeless community. She thanked the many members of the community,City officials, City employees,and others who assisted with the event. ' lanuarv 26, 2015 Renton Citv Council Minutes Pa�e 29 Mayor Law also expressed appreciation to everyone who participated in the event. He stated that homelessness is a serious,ongoing issue that requires community involvement in order to be properly addressed. He added that King County reported a 21%increase in the number of unsheltered people counted this year compared to last year. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. At the request of Councilmember Pavone,Consent Agenda Item 6.b. was removed for separate consideration. Court Case:Gaines,CRT-15- Court case filed by Ruby L. Gaines, represented by Buckley&Associates, P.S., 001 Inc.,vs.the City of Renton,et al. Refer to Citv Attornev and Insurance Services. Fire: South King County Fire & Emergency Services Department recommended approval of the South Training Consortium, Kent Fire King County Training Consortium Associate Agency Agreement in the amount of r r ra iv I rovide Authority $48,240 with Kent Regional Fire Authority in o de to coope t e y p joint training services for fire protection and emergency medical services for the period of 1/1/2015—12/31/2015. Council concur. (See page 30 for resolution.) Public Works: PSE Coordinated Public Works Department recommended approva�of an interagency agreement Environmental Review, with the cities of Bellevue, Kirkland, Newcastle,and Redmond regarding Various Agencies coordinated environmental review of Puget Sound Energy's proposed Energize Eastside 230kV Transmission Line project. Refer to Plannin�& Development Committee. Transportation: ORCA Business Transportation Systems Division recommended approval of the 2015-2016 One Passport,Various Agencies Card for All(ORCA) Business Passport interlocal agreement with King County, Pierce County,Sound Transit, Community Transit, Kitsap Transit, and the Washington State Ferries Division in the amount of$99,756 to continue the Commute Trip Reduction Program for City employees. Refer to Transportation (Aviation) Committee. Utility: S. 132nd St.Sewer Utility Systems Division submitted CAG-14-089,South 132nd St. Sewer Extension,A Advanced Septic Extension project; and requested approval of the project, authorization for final Services pay estimate in the amount of$8,732.84, commencement of a 60-day lien period, and release of retainage in the amount of$15,417.70 to A Advanced Septic Services, Inc., contractor, if all required releases are obtained. Refer to Utilities Committee. MOVED BY PRINCE,SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA MINUS ITEM 6.b. CARRIED. Separate Consideration ttem City Attorney recommended amending RMC 1-3-2.P.4 to correct a Scrivener's 6_b. error by changing the word "conviction"to"violation"for consistency. ��e Attorney:Amend RMC 1-3-2- a���'�^�,{^«.,''^^�^��**�� P4,Correct Scrivener's Error Councilmember Pavone remarked that this agenda item corrects a Scrivener's error in the City code. MOVED BY PAVONE,SECONDED BY PERSSON,COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 6.b.AS COUNCIL CONCUR. CARRIED. ' Januarv 26, 2015 Renton Citv Council Minutes Pa�e 30 UNFINISHED BUSINE55 Finance Committee Chair Persson presented a report recommending Finance Committee concurrence in the staff recommendation to authorize the Mayor and City Clerk Lease: Rolling Hills Wireless to sign the ten-year Site Lease Agreement with New Cingular Wireless PCS, LLC, Communication Equipment, which will pay$2,500 in rent per month,with a one-time inception fee of New Cingular Wireless PCS $7,500. There are two ten-year extension options. Annual rent increases will be based on Consumer Price Index adjustments. MOVED BY PERSSON, SECONDED BY PAVONE,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Lease:Addendum 4,Verizon Finance Committee Chair Persson presented a report recommending Wireless, LAG-97-004 concurrence in the staff recommendation to authorize the Mayor and City Clerk to sign the five-year Fourth Addendum to LAG-97-004 with Verizon Wireless to extend the lease for an additional five years and with an additional monthly rental fee of$200 for additional ground equipment at the site. MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. CED:Amend RMC4-1-210.C., Finance Committee Chair Persson presented a report recommending approval Affordable Housing of a 100%waiver of the development and mitigation fees as provided for in RMC 4-1-210.C.for the Renton Housing Authority's four Sunset Area Transformation Plan housing projects with a total of 229 housing units. The fee waivers will be contingent upon the receipt of a HUD Choice Neighborhoods Initiative Implementation grant and will expire on 12/31/2020, unless otherwise extended by Council. MOVED BY PERSSON,SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Councilmember Persson remarked that this item is related to the City's redevelopment efforts in the Sunset Area in the Renton Highlands. He added that as part of the application process for a $30 million HUD Choice Neighborhoods grant,the City must show what it is doing to financially encourage development in the area. Mr. Persson stated that the fees are considerable,and the waivers are dependent upon successfully receiving the grant. RESOLUTIONS AND The followin resolution was resented for readin and ado tion: g P g p ORDINANCES RESOLUTION#4240 A resolution was read authorizing the Mayor and City Clerk to enter into an Fire: South King County interlocal agreement with Kent Fire Department Regional Fire Authority Training Consortium, Kent Fire entitled "South King County Training Consortium (Interlocal Agreement) Authority Associate Agency Agreement." MOVED BY PERSSON,SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for second and finat reading: ORDINANCE#5750 An ordinance was read amending Section 4-1-210,Waived Fees,of Chapter 1, CED: Amend RMC 4-1-210.C., Administration and Enforcement,of Title IV(Development Regulations), of City Affordable Housing Code, by amending the definition of"Affordable Housing." MOVED BY CORMAN,SECONDED BY PALMER,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ' lanuarv 26. 2015 Renton Citv Council Minutes Pa�e 31 NEW BUSINESS Councilmember Taylor shared that he attended an event hosted by the King Community Events: Dr. Martin County Bar Association honoring Dr. Martin Luther King,Jr. on Friday,January Luther King,Jr. Day Events 16. He also noted that he attended the Martin Luther King Unity Breakfast in Tacoma on Monday,January 19. Police: Procedures for Sexual Councilmember Persson reported that as a board member of the Forensic Assault Kits, Marijuana Laws& Investigation Council he learned of some issues being discussed at the state DNA Testing legislature. He requested a briefing on the following topics: procedures for sexual assault kits; marijuana laws; and DNA testing. MOVED BY PERSSON,SECONDED BY CORMAN, COUNCIL REFER THE TOPICS OF PROCEDURES FOR SEXUAL ASSAULT KITS, MARUUANA LAWS,AND DNA TESTING TO THE PUBLIC SAFETY COMMITTEE FOR A BRIEFING. CARRIED. Executive: Reinstitute Dr. Councilmember Taylor remarked that during the recession, many celebrations Martin Luther King,Jr. Day were cut out of the budget. He stated that he is interested in knowing whether Celebration or not the Dr. Martin Luther King,Jr. Day celebration could be reinstituted. MOVED BY TAYLOR,SECONDED BY PRINCE, COUNCIL REFER THE TOPIC OF REINSTUTING THE DR. MARTIN LUTHER KING,JR. DAY CELEBRATION TO THE ADMINISTRATION. CARRIED. ADJOURNMENT MOVED BY PERSSON, SECONDED BY PRINCE,COUNCIL ADJOURN. CARRIED. TIME: 9 p.m. �/��f �•��>�%'( ! � - Jas A.Seth, CMC, City Clerk Jason Seth, Recorder January 26, 2015 � Council Committee Meeting Calendar 7anuary 26, 2015 Revised January 27,2015 Tuesday 10•00 AM Transportation Committee, Chair Palmer ' Council Conference Room 1. 2015-2016 ORCA Business Passport Contract 2. Emerging Issues in Transportation February 2,2015 - Monday Public Safety Committee, Chair Pavone - CANCELED 530 PM Finance Committee, Chair Persson Council Conference Room 1. Vouchers 2. Emerging Issues in Revenue Streams 6:00 PM Committee of the Whole, Chair Prince - Council Chambers 1. Airport Master Plan Update 2. Airport Sustainability Plan Update , 3. Regionallssues February 5, 2015&February 6, 2015 � Thursday& Friday 8:30 AM both days Council Retreat - Maplewood Greens . • ��r, -----�_ Denis Law � Cl� Of ,� Mayor �ti Y p� �1 ^ � !�$ � � 1 fR v '��,�,.�o� Mayor's Office 1�'- roc dmd tion `GUhet'eas, heart disease continues to be the leading cause of death in the United States and affects men and women of every age and race; and `G1�hereas, many people who have high blood pressure may go years without knowing it,which is why heart disease is called America's "Silent Killer"; and `Gt/hereas,the chance of developing coronary heart disease can be reduced by taking simple steps to prevent and control certain factors that put people at greater risk; and �fcereas,the Renton Fire and Emergency Services Department supports its commitment to , fighting heart disease by promoting preventative screenings and public education in many of ' the city's diverse communities throughout Renton; and `i�l�hereas, Renton Heart Month serves to increase public awareness of the importance of fighting cardiovascular disease by developing good eating habits, being physically active, and taking advantage of preventative screenings; and `G1�Ftereas, being aware of the warning signs of a heart attack or stroke and knowing what to do may help save a life, all Renton citizens are encouraged to learn how to perform � cardiopulmonary resuscitation (CPR) and use an automatic external defibrillator (AED); Now, therefore, I, Denis law, Mayor of the City of Renton, do hereby proclaim February 2015 to be l�,enton ,�feart JVlonth and I encourage all citizens to increase their awareness of cardiovascular disease, detection, and prevention by participating in this important community risk reduction campaign. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 26th day of January, 2015. � � � r° \ Denis Law, Mayor City of Renton, Washington Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov /� ^ Li Li-Won� From: April Alexander Sent: Wednesday,January 21, 2015 9:56 AM To: Li Li-Wong Subject: RE: Heart Month Proclamation Recipient is Deputy Fire Chief Erik Wallgren...april 'I -----Original Message----- ' From:April Alexander Sent: Wednesday,January 21, 2015 9:19 AM To: Li Li-Wong � Subject: Heart Month Proclamation ' Here's the proclamation. I'm checking with the Fire Department to see who is the recipient. Will let you know...april -----Original Message----- From: Renton-Executive@rentanwa.�ov (mailto:Renton-Executive@rentonwa.�ov� Sent:Wednesday,January 21, 2015 9:15 AM To:April Alexander Subject: Scan from: Mayor-Office-1 Please open the attached document. It was scanned and sent to you using a Xerox Multifunction Device. Attachment File Type: pdf, Multi-Page Multifunction Device Location: Device Name:X23010 For more information on Xerox products and solutions, please visit http://www.xerox.com 1 STATE OF WASHINGTON, CpLTI'VTy pF KING AFFIDAVIT OF pUBLICATIQI�1 } PUBLIC NGITICE � Linda M 1VIi11s, being first duly sworn on oath that she is the � Advertisjng Representative af the � Legal ciz�v oF R�;�•roN K��y�m�v crry�cot�nrcu. SPF;C►AL h1EETiNG �� NO'I7(.'F.�IS Fi ReEBI� Rentan Repor�er thai the Rent�n City Council�h N � St;I ll S(}QC)£tI 1Wt3-ti1 shoplrctre�t ta Y work- ,`� bc hetd on Thurs- a weekly IIeWS il day and F'nday. Februa P Per, which news za�s. ry s-s. paper 1S a �e frO°� appr���matel} 8:3U genera eirculation and is now and has b��ri fQr mare than six months a m t0 s priar to the date �f gal newspaper of ►�m. at MaP��w�,� publication hereinafter referred to ure�ns, aoso Ma�ie V�t�y the English lan Ua Nighwa�. Renton. WA 98058 COUIlt g ge continuously as a weekl ' �U�}1i`'�ieC� iil 'nc� agenda wi1l �nciude thc y, Washington. �e Y newspa er in following top�cs: 2416-2(}2I a Le a1 N Renton Re orter h p Kjng f;usiness r�r�,, � ewsp�per by order af the Su �s been approved as 1>�a„ U Camprehensrve Washington for I�in perior Caurt P�atc. Ruiiding an tnclu- g County. of the State of sive t'ity,and Fisca!Strategy. The notice in the exact form ' 'nc� meetings are open to the °f the Renton annexed was published in re public. F'or infonnation regard�ng R�Porter (and not 12] SU ���a1'iSSU@S compliarrce w�ith the American r�����'ly distributed to its subscribers durin�he belaw �isabilitics Act, and interpretive The annexed notiee 1 wh1Ch W�tS services for the hcaring irnpaired, , a: stated perioc�. �°n�a�� me City Clerk {}f��� a� P�lIb�iC a2s-a3a�s�a. N�,;�j�e Jason A Seth,CMC City Cierk Published in the ftenton Reporter was published on January 30, 2015. °" �a°�"` 30. Zo�s.uiz33s��. The full amount of the fee chacged for said foregoing ub1ic� ' the sum af 7p,pp ! P ahon is �l'�r ,��1�.�-� , . 'nda M. Mills , �gal Advertising Repres�ritative, Renton R� o� � Subscribed and sworn ta me this 30th day of a nua ° - �' ry, 2015. (�7 7'� ��'`�° �,... C.--�,�//°Z�..�i� ' , - Kat�i1e�n C, Sherman, Nota � ' Residing in Buckiey, Washingt�n�1ic for the State of Washingtan, I -------------------- -------------- ----------_ ------� � 1� � � �� TON � C1'C��FO p�Np��'�' � —_ Y pF KI�G � �p A'�n���Y�t N'�o�g thc � i �,_—� CpU1�T fl,� gEN�'oN a summarl enion '' F�AS���� �E pv�Llc�,,T1 poilo�vinSaaop�ed hy�he 26- � �n �anuasY i t)cdin�Ge ci1 ' ST�`T��p,FFip�'vi e a1 2015.Cu,pINA;VC�N h�� �� 1 S h���the L � ��Rc J�nan�e °�� amend'�f 1 �n oath t��t �2en�on, `Nashmgwatvcd rees. 1 vaorn Section�`l'21�dm�niscrauon�vel 1 ��N�T.�F' �r�t d�lY s e �' o{'Citle�the �en- 1 PUBI' �lls,be��g tiVe°f th c"avte` ert, i Ljnda M M R�Present� ton tcem utationsl�t amend- i m°M R�pai �°d�:bpffordab�C �� p,aVe�isin� ,�Qrter �n��he �eSiNuun oS Q,n Re Of tlousing� 31112t)15 t�cd�na°�e � Rent y apet ��{eccive text ot ��'�S Hai1. � lega� new p months �am��lab�e at Renton wa �nd T �� e than� et}, 1U �S � g�u�h G�ady ��,un�' l,i- �ewg�c`l� ��r n10T �btish �055 3� ,h� K�ng 64 Ra�nier r which �d ha5 been x�ferred to,p er tn King �ytea �n �znti�n_ �ari� ��a. ne�14pa� a is na`N a reinafter new`�paP rflved as nr�tey ste � �cem�2ih s���t. week�y tion�' acio�he a week�y been �`pp tate of a�e �a 2�2 �h��� C1erkcs � a���ral c�tcu�ate af �ub1i�tinuQUs�y ase otter ha5 Urt of the S LUpon�eQ4251t 43�foT ateccop ��ox to the langudge G� e Renton SU�r�or C° i�5ues ot��z_ ��,a���a �1eck he Englisb hl�$ton• To aer of the ed in regu� ,cb w a5 w�u��so s��h.c;ri rter�,n w`�' T by ub1ish Wtl publi I1e 1°R4#123�� C°u�ta�Nev`'`'p K ng�Ountyannexea`�'ra�Plement f°w Statedpetioa• �an�a 3o,2a W ash�ngt en n tre ex�ctea nd not � au��the belo �th�tRento".R e�°t its subscrib of ular1y distrib_ e . : ��b����otice � . rehe annex�a�otic ,� T Janua�' 30,2�,5' Ublic . 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